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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 14, 1901)
10 THE MORNING- OREGONIAN, SATURDAY, DECEMBER 14, 1901. FRENCH SAILOR IS FREE COURT SVl'S HE WAS JAILED WITH OUT WARRANT OP LAW. For n. Trivial Offcnwe He Was to Be Taken Home on a Warship But He Stnyw In Land of Liberty. "Victor Merrlen, a French sailor, who had been confined In the City Jail since November 21 without authority of law, was released from custody by Judge Cle land yesterday, on a writ of habeas cor pus. The facts In the case disclosed a va riety of peculiar things in French law regarding the rights of personal liberty. The Intention was to take the man back to France on a French man-of-war or gunboat, to face the very trivial charge of having thrown a wooden slipper (sabot) at the mate of his ship. Merrlen was one of the crew of the ship Amlral do Cor jiullcr, and the mate thrashed him soundly for his act. A court was after wards held on tho ship, and evidence con cerning the offense was taken, but- the defendant was not allowed to be present. Captain Rio, of the vessel, next sent the papera in the case to C. Henri Labbe, the French Consular Agent, for Mr. Labbe to tako further proceedings, and Merrlen was locked up by Chief of Police Mc Lauchlan and kept in custody until yes terday, on the following written order or the Consul: Chief of Police McLauchlan: Will you kindly Bend an officer to the French ship Amlral de Cornullcr, to take Into custody a bailor named Victor C. F. M. Merrlen, who has been guilty of having raised a disturbance on the ship, in having attacked the mate and teveral sailors. C. HENRI LABBE, French Consular Agent. P. S. Please hold this man in custody until Jurthcr orders from me. Mr. Labbe contended that he had a right, by the terms of the treaty between the "United States and France, to order the sailor put In prison, and to send him back to France on a government vessel. The treaty refers to misconduct of sail ors on a vessel, criminal offenses, deser tion and so on. He informal the court that, after having the man sent to jail, he reported the matter to the French Consul in San Francisco, who Instructed him to hold the sailor, and that a French warship was exacted to arrive at San Francisco before long. He also after wards received a telegram from the Con sul at San Francisco to the same effect. Mr. Labbe said it was customary to ar rest sailors In San Francisco In this man ner. City Attorney Long argued that, by virtue of the treaty, the courts had noth ing to do with Merrlen. who must be tried by the French authorities, and that the local officers In Portland are compelled to recognize the authority of the French Consul or captain, and hold a man In jail when requested to do so. Henry K. McGinn and Charles A. re train, attorneys for Merrlen, contended that neither a captain of a French ship nor a French Consul has authority to or der a man locked up in jail under the treaty, but must act through the United States Court, where the accused would be allowed a hearing, and a decision would then be rendered what to do with him. Judge Cleland took this view of the matter, and said that, under the act or Congress of 18C4, application must be made to the United States authorities. The re straint was without authority of law, and the order would bo that the prisoner be discharged. On Thursday Merrlen sued Captain Rio ror 57j00 damages for false imprisonment, but the captain luckily sailed away on his voyage before the summons and complaint were served upon him. Several days ago the sailor libeled the vessel In the Federal Court, In order to se cure his wages. Abond was filed by the consignees to secure the money, so that there will be no difficulty in collecting, even if the vessel has departed. HOW FRENCH SAILORS ARE HELD. Local Officers Enjoined to Give Every Aid to Consul. Mention was made in yesterday's dis patches of complaint made by the French Embassy that French shipowners are not given the protection at Pacific Coast ports to which they ore entitled under the treaties between France and the Unit ed States. It seems that the chief com plaint was against Infraction of the trea ty provision at San Francisco, and Port land was mentioned In the same connec tion. It was also stated by the French Ambassador that in response to com plaints the local officials have replied that they were not aware of the provi sions of the treaty In that respect. The article of the treaty bearing upon the duties of local authorities in assisting Consuls in inforcing legal rights in ship ping matters reads as follows: The respective Consuls-Generals, Consuls, "Vice-Consuls or Consular agents, shall have exclusive charge of the internal order of the merchant vessels of their na tion, and shall alono take cognizance of differences which may jfcrlse, either at sea or In port, between tho captain, officers and crew, without exception, particularly In refer ence to the adjustment of wages and the ex ecution of contracts. The local authorities fihall not, on any pretext, interfere In these differences, but shall lend forcible aid to the Consuls, when they may ask it, to arrest and Imprison all persons composing the crew whom they may deem it necessary to confine. Those persons shall be arrested at the sole request of the Consuls, addressed In writing to the local authority, and supported by an official extract from the register of the ship or the list of tho crew, and shall be held, during the whole time of their stay in port, at the disposal of tho Consuls. Their release shall be made at the mere request of the Consuls made in writing. The expenses of the arrest and detention of those persons shall be paid by the Consuls. KINDERGARTENS GET MONEY. JJndgre George Rules That Special Tax Money Is Theirs. Judge George yesterday decided that the Portland Free Kindergarten Association Is entitled to the money in the hands of School Clerk Allen, collected as a special tax by authority of taxpayers at the an nual meeting held on January 21, 190L The amount to be raised was 55000, and at the time the suit was brought 51247 had been collected, and more since. Judge Sears concurred in the result of the decision, but not in the decision Itself. Judge George, In passing upon the case, eaid in part: As to whether the tax was legally levied is now immaterial for any purpose of this case, for the tax has been acquiesced In, submitted to and the money paid in by the taxpayers for kindergarten purposes, and no taxpayer has by suit raised any objection to any of this money going to these schools, and the sole question for us to determine Is whether it Is lawful for the clerk to pay over the accumulated fund, as heretofore authorized by the board, for the maintenance of such schools. The question is whether the kindergarten free schools have been made a part of the common school sys tem of this district by the directors for this year, to such an extent as authorizes the use for these schools of this special fund paid in for such purpose. It must be conceded that the directors have no legal power to turn over public school money for the support of separate or private schools, and If such is the present. case, all relief must be denied. However, it appears that this is not public school money in Its full sense: It is a separate fund obtained by volun tary payments made by taxpayers for special free kindergarten purposes, and has not been placed In the hands of the board for a general school purpose. It Is In the nature of a special trust fund which was never Intended for a pur pose other than for kindergarten free schools in this district, and If so used, it appears that it will go precisely where the taxpayers directed It to go. ana have so paid It In, presumably wanting it to go. and no taxpayer is before ua protesting against such application. This money was neither raised by taxation for ordi rary purpose of public schools, nor obtained from the state or county In any manner what ever, but has been paid In In trust for the uce I asked for herein by these plaintiffs, and it must cither be so used for such kindergaten purposes or go unused at all. The directors cannot use It for any other purpose; it belongs to the cuetody of the board for no other than kindergarten uses, and If it cannot be so usd, it lies Idle. JCo taxpayer Is asking to have his money paid back or seeking to enjoin Its use from the purpose contemplated. The di rectors, by their action, have also committed themselves to the use of this special fund for free kindergarten schools in this district, which schools have become, to the extent dictated by the directors, temporarily a part of the school system of this district. For the present, then, we shall consider only this special fund and Inquire whether for this year, under the peculiar circumstances of the present case, the kindergarten schools have been temporarily made a part of our common school system to such an extent as to warrant tho proposed use of this particular fund, and the present status of this question must to decided solely In the light of the past action of the directors In this last year as to this matter. We think, that such has been done only for this year, and with this fund. It Is questionable whether the statute. In fact, con templates more than temporary maintenance of kindergarten schools from year to year, and If the taxpayers do not vote the money each year. It may be questionable whether any funds will be available for any kindergarten purposes in the future. In this case plaintiffs, as managers of the free" kindergarten schools, virtually tendered full control of the existing schools to the di rectors, the directors practically accepted that control for the year, and exercised It directly, and to the extent they desired, making the teachers take out primary certificates, and leav ing the Immediate superintendence to the su perintendent and teachers looking after these particular schools, and promising that this money should be applied toward their necessary expense. The court cannot say now that this Is not making these schools. In the discretion of the directors, at least temporarily and to a certain extent, such a part of the system of this district as would require complete faith to be carried out. The money will go somewhat Indirectly. It Is true, to those who have qualified themselves as per the requirements of directors, and to those who ha-e personally managed these free kindergarten schools for this year, with the per mission of the directors, and under an arrange ment mado with them. THREE YEARS EACH AT SALEM. Trio of Bnrfflars Sent Up for Stealing Seven Bolts of Silk. John Armstrong, alias Wilson, H. Clark and Frank Rossle were each sentenced to three years In the penitentiary by Judge Sears yesterday. They were convicted a week ago of larceny of seven bolts of isMlsMIHsMfcfrlsnWMrrrrV-i-i -ii -"f ritn'rliMnillffsssssMlfTfisfairi- i Vi ii V.ri;ftfrtiy'-ja-;- ,--'"lt-,w-f--"---"- -j'...i .'. ssk422& BEAUTIFUL DRINKING FOUNTAIN PRESENTED TO The location of the Thompson drinking I the pedestal Is of bronze, life size, standing silk, valued at ?300, from tho store of Louis Moyer, on Russell street, Alblna. A New Marble Company. Articles of incorporation of the Ameri can Coral Marble Company were filed In the County Clerk's office yesterday by W. H. Remington, of Tacoma; Francis Clarno and F. O. Downing, of Portland. Capital stock. 51,000.000. The objects an nounced are to acquire and develop marble or other mining claims, and to operate fa cilities for the transportation of freight and passengers between Alaskan and oth er Pacific Coast ports. DAILY CITY STATISTICS. Marriage Licenses. Bernt .John Llndland, 25, Clara Elizabeth Olson. 2. Charles D. Swanson. 28, Anna Mellnda Brown, 21. Birth Rctnrn. December 0, girl, to wife of F. T. Mills, WO Belmont street, Death Returns. December 11. David H. Norrle, 48 years, 1202 Hendricks street; cancer of stomach. December 10. Christopher Schloth, 75 years, 40S Fourth street; old age. December 11, Stephen Boucher. 21 years, dt. Vincent's Hospital; heart dlseate. BnlldiiiFr Permit. A. Brauer, two-story dwelling. East Fifteenth street, between East Alder and East Wash ington. Patents. United States to Oregon & California Railroad Company. 1203.88 acres along Oregon i Califor nia Railroad. Same to same, 320 acres samp. Samo to same, 3118.03 acres same. Same to same. 41.1C2.07 acres same. Rcnl Estate Transfers. U. Asplanalp et al. to Samuel Hess, 10 acres, section 18, T. 1 IC., R. 2 E.; 21 acres, section 8, T. 1 X., R. 2 E $2500 Samuel M. Blandford and wife to Theo dora A. Godel, eight acres, section 32. T. 1 X., R. 2 E 2000 Sarah B, Blandford to Emma Lou Bland ford, same 1800 Barbara Bannlnger to Emery Beach, lots 13 and 14, block 6, Sunset Park Addition No. 2 220 Harry Gouldstone and wlfo to Edward Spauldlng. lots S and 6, block 1. Elsmero City 1200 Balfour Investment Company to Mary E. Ledyard, lots 16, 17 and 18, block 5, Orchard Homes. Mount Tabor 450 Alblna Sawmill Company to John M. Plt tlngcr, lois 3 and 4, block 5, Railroad Shops Addition 1200 M. J. IVclls and husband to Pacific Coast Abstract Guarantee & Trust Company, lot 2. block 8. Railroad Shops Addition. 400 Rachel Campbell et al. to Charles Binder, lots 0 to 12. block 1; lots 12 to 15. block 2; lot 8, block JO, Miller's Addition to Sellwood .. 1 Sheriff, for H. A. West, to T. E. Dwler, lot 11. block 10. Mount Tabor Garden.. 2 Lulu E. Donner. executrix, to John Nel son, lots 0 and 10, block 4, Macgly High land 350 IV. A. Wells and wife to Carl G. Hodes. 2.13 acres, section 10. T. 1 S., R. 2 E... 1 Peninsular Real Estate Company to Wolf Busch, lot 33, block 31, Willamette Ad dition 35 Tyler Investment Company to same, lots. 34 to 33. block 51. Peninsular Addition. NO. 4 150 Edward M. Cox et al. to E. J. Loughead. 10 acres, section 7. T. IS., R. 2 E. 1532 D. H. Deardorff to George R. Deardorff, y- acre In section 6, T. 1 S., R. 2 E 1500 D. H. Deardorff to Ida L. Hutley, 00x120 feet, section C. T. 1 S., R. 2 E 1G00 D. H. Deardorff to George R. Deardorff, lot 3. block 1, Glencoe Park., 223 D. H. Deardorff to George R. Deardorff. 1 acre in section 0, T. 1 S., R. 2 E 2000 Pacific Coast Abstract, Guaranty & Trust Co., A. B. Manley, secretary; V. X. Masters, attorney, 204-5-6-1 Failing bldg. Washington's Second Election. OLEQUA, Wash., Dec. 12. To the Edi tor.) Since Washington' election to a second term occurred before adoption of the 12th amendment, how .was It possible for him to receive the unanimous vote and yet a Vice-President be elected? W. O. CLARK. At the election of 1792 George Washing ton, Federalist, received 132 votes; John Adams. Federalist, 77; George Clinton, Re publican, 50; Thomas Jefferson, Republi can, 4; Aaron Burr, Republican, 1; va cancies. 3. George Washington was there upon declared President and John Adams Vice-President. A Vice-President was not voted for directly until 1814. t Suit the people, because they are tired of bitter doses, with the pain and griping that usually follow. Carter's Little Liver Pills. One pill a dose. D. P. THOMPSON DIES (Continued from First Page.) many miles he repeated the well-known survey ing words of "Stick stuck!" and many a tree In the mountain region was marked by his ax. The sturdy frame he had Inherited from his Scotch-Irish ancestry stood htm in hand during his long siege of surveying In all kinds of weather, and many a night he made his lonely camp In a wild region where now are valua ble, well-cultivated farms. These surveying contracts yielded profits which were the basis of the large fortune ac cumulated by Mr. Thompson. As president of J the Oregon Construction Company, he was act ive In building the line of the O. R. & N. Co. in Eastern Oregon. Mr. Thompson was engaged In several other j large Business enterprises, ana weni very ex tensively Into banking. At one time he was president and director of 17 National banks. fountain Is on Main street, between Third and eleven feet from hoof to tho tip of the antlers. Ho has been much blamed by people who lost In the failure of the Portland Savings Bank, but his friends say that It is a fact that he had nothing to do with that bank at the tlmo it failed. In politics Mr. Thompson has been a promi nent figure. He has been elected to the State Senate and the House several times, and In 1S74 was appointed by President Grant Gover nor of the then territory of Idaho. In 1SS4 he was elected a Republican Presidential Elector, and was a delegate to the National Republican Convention that nominated President Hayes. President Harrison appointed him Envoy Ex traordinary to Turkey. In 1S90 ho ran for Governor of Oregon on the Republican ticket, but was defeated by Sylvester Pennoyer. Locally, Mr. Thompson's political career has been brilliant. He was twice elected Mayor of Portland, and his administration was efficient and vigorous. He always took the most unfailing Interest in the public schools, and for many years waa prominently identified with their progress In this city. He offered many medals and prizes to pupils, and made many gifts to students and student bodies. Indeed, his activity In school matters was generous. Intelligent and continuous, and led to his repeated election to the School Directorship. He was a member of the board when he died. He was recently also a Regent of the State University. Among the most notable gifts of Mr. Thompson was the presentation to the city of the beautiful fountain which stands on Main street, between the Dlaza blocks. He was a member of the First Unitarian Church, and for a number of years a trustee. Speaking of Mr. Thompson's career yesterday, a Portland business man .said: "1 have nothing but kindly words for Mr. Thompson. I had much to do with him. and found him to be a good man and a public spirited man. I found htm always accommo dating where requests were reasonable ind Just, and I know of his going on official bonds for a great many men. I know that he hits been a kindly family man and fond father." Mr. Thompson was married In 1S61 to Mary R. Mcldrum, daughter of a pioneer of 1S45, and their children consist of one son and two daughters, one of whom is Mrs. J. N. Teal. The family removed from Oregon City to Port land In 1870, and has resided here ever since. His widow survives him. OVER ELEVEN THOUSAND. Rccord-Rreaklnfr Enrollment of the Portland Pnblic Schools. The number of pupils attending the pub lic schools of this city is larger this term than ever before, but will not reach the maxlmdm until the early part of next term. Following is the report of attend ance for the month ending December 6: 1 V l fern s :: mm i H m. II w II Irm jff I ... ma- v A SfdMwfTVJP,tJ'tOMPi&nM'JKssi v t g B&STsSnJflfHnlfliMHQHMKSfcS vv if ssMIKmIb3hPhPHPhHMHV1spPmiG njl r f . " - . lis Kino KSFfcfi'avi viJ-jrf-.ia.j:?r.a m BPWIll ii ii ' m ii i Hi ii iii iiwWihnT' ji 55 j cO -n p" 2o 21 2 r on pS SCHOOLS. : g f 2 SS a .55 6 i 5" P -2. '. : p : f : : 2. Alnsworth Alblna Central .. Atkinson Brookljn Central. Chapman Clinton Kelly .... Couch Falling Fernwood Fulton Fulton Park Harrison High Highland Holladay Marquam Midway North Central ... Park Peninsular Portsmouth Sellwood South Portland .. Stephens Sunnyslde Thompson "William-Avenue Woodlawn 101 100.3 204 208.3 017 033.6 318 317.2 010 022.2 441 443.2 SOD 241.8 C70 6S1.7 740 747.0 14 13.S 55 57.0 81 82.3 833. 885.0 712 715.3 112 10S.0 500 504.3 14 14.0 10 18.0 414 420.0 812 820.4 0 05.2 132 13J.0 213 227.8 150 100. 547 553.9 371 372.0 759 700.5 000 003.0 25S 252.8 04.3 00.3 04.0 05.4 ti&.7 03.8 5MJ.S 00.S 73S.Si0i5.0 0(i9.00C.4 j -l.S.JUU Totals 10.04111.078.7!l0.r,09.7;t)rt.- Protest ARainst Tariff RnllnK. NEW YORK, Dec. 13. A petition for a review of the proceedings before the Board of General Appraisers in the Gug genheim Smelting Company case has been filed In the United States Circuit Court. The company imported a quantity of lead ore for the purpose of smelting and re fining. The Collector admitted the con signment under bond free from the assess ment duty, as provided under the tariff act when the metal recovered from the process of smelting and refining applied to th foreign product is to be re-exported. The Collector required that quantities of pure lead and antimony equal to 90 per cent of each metal, respectively, as shown by analysis to constitute the entry of ore upon Importation, must be delivered for re-export 'to cancel the bond under which the merchandise was admitted, or duty upon such a quantity of metal as repre sented the discrepancy between such quantity and 90 per cent of the ore im ported must be paid. The Guggenheim Smelting Company protested, but Its con tentions were overruled by the Board of General Appraisers. JUDGE SEHLBREDE BACK. Discusses the Charge Recently 3Iade Afralnst Him In Alaska. C A. Sehlbrede, of Roseburg. Or., who was appointed Court Commissioner for the Skagway district, at the request of ex-United States Senator McBrlde, returned from the north yesterday. Judge Sehlbrede has resigned his official po sition In Alaska, and will resume the practice of law In Oregon. He was appointed Commissioner In March of 1S93, and assumed the duties of THE CITY OF PORTLAND BY Fourth, in the plaza blocks. The basin and pedestal the office in May of the same year. At the last session of Congress a change was made in the law whereby the power of appointing the Commissioner was vested in the Judge of the district, and the re muneration was confined to the fees. Previous to the enactment, the office paid $1000 a year salary in addition to the fees. Judge Sehlbrede resigned because, under the new arrangement, the position did not pay as well as formerly. In an interview at the Imperial yester day Judge Sehlbrede said that the coun try was In a prosperous condition, and that there was every prospect of Skagway enjoying a normal growth In the future that would result in a good-sized city. "My only reason for resigning," said he, "was that the remuneration was cut to such an extent that It was no longer profitable. My successor was J. J. Rog ers, who was my clerk In the Probate Court, while I was on the bench. "The charges preferred against me, during my absence last Summer, wcro investigated by the grand Jury, and their findings completely exonerated me from all charges of corruption. As a matter of fact, the charges were made by a disgruntled attorney, whom I had occa sion to reprimand In court. He took ad vantage of my absence to make accusa tlons that had absolutely no foundation in fact, and the allegations were easily disproven. "The salary for tho position was reduced by Congress, and I resigned for that reason. The charges preferred against me had nothing whatever to do with my resignation. Previously a large amount of business was derived from the pack ers who carried the freight into the in terior. Now the traffic Is handled by the railroad, and that source of revenue Is gone. In addition, the rush is over, and the city has settled down to Its nor mal quietude. The district, as it was when I first assumed office, extended from a distance 50 miles down the canal to ward Juneau, to the Canadian border. Now three districts have been made of the territory and that has had the effect of cutting Into the business. "New diggings are being continually. reported In tho Interior, and a splendid deposit of placer gold has been found on Bonanza Creek. What was apparently a river channel in past ages has been found, which Is from 300 to 400 feet above the present water level. Several valuable claims have been located along the old waterway, and a large-sized camp has sprung into existence." Judge Sehlbrede expects to leave to morrow for Salem, where his family Is now residing, and he will probably prac tice law either In the capital city, or in Portland. Olympla Land Office. WASHINGTON, Dec. 13. State Senator A. S. Ruth, of Olympla, Is In Washington, endeavoring to secure the appointment of Register at the Olympla Land Office now filled by Frank G. Deckebach. It Is believed he has the indorsement of Senator Foster, as has the present Receiver, John O'B. Scobey. The present Incumbents were ap pointed June 17. 1S97. These offices pay about $3000 per annum. Representative Jones today Introduced a bill granting a right of way through the Yakima Indian reservation to tho Yakima Irrigation Company, which pro poses to construct a ditch from Ahtanum Creek to the eastern boundary of the reservation. Police- Captain Suspended. NEW YORK, Dec. 13. Police Captain Cooney, In whose precinct private agen cies last night raided rooms In which, It is alleged, were the headquarters of the policy gamblers, was suspended today by Police Commissioner Murphy, and ordered to appear for trial December 17. Cooney will be accused of neglect of duty In per mitting the policy gamblers to do business In his precinct. When the contents of the safes captured In last night's raid were examined today account books were found which showed that the.receipts from pol icy slips sold Monday and Tuesday of this week aggregated $23,000. All Who Are Suffering From nervous debility and prostration of the physical powers, caused by the errors of youth, should Immediately send to Dr. G. H. Jones, Chief Consulting Physician to the Peabody Medical Institute. Boston, for a copy of "The Science of Life; or, Self-Prescrvatlon." an Invaluable work, the result of the widest research and deepest thought upon the subjects of which it treats. "The Diseases of the Nervous System; or, Pathology of the Nerves and Nervous Maladies," Is an other great and Instructive medical trea tise. The importance of the knowledge of the truisms contained in these great works cannot ba overstated. ATTACKED BY MAD BULL JOHN ROBERTS HAS NARROW ES CAPE FROM FIERCE AXI3IAL. He Was Knocked Down and His Shoulder Broken, Before the Hired 3Ian Rescued Him. John Roberts, a well-known farmer liv ing on the Powell Valley road near Gresh am, was attacked by a bull a few days ago. which knocked him down, and. fol lowing up the first attack, nearly killed him before the animal could be driven off. Roberts shoulder was broken, and he was otherwise severely bruised. The time ly aid of a hired man prevented his being killed. Roberts had handled the bull before, and had never had trouble. When leading the animal Into the barn the bull made a sudden lunge for him, knocking him down with great force and nearly stunning him. before he knew the animal was after him or before he could get out of the way. The farmer lay on the floor after the first attack, and the bull Jumped clear over him. He raised up slightly and started to crawl off. but In an Instant the Infuriated animal turned and made a savage dash at the prostrate man and forced him down again, having Roberts completely at his mercy. Fortunately the bull had no horns,' or the farmer would have been, gored to death very quickly, as the animal etood over him and pushed him about with his head, and yecmed determined to kill him. There happened to be a man In tlje barn at the time, who. hearing the racket, has tened to ascertain the cause. Seeing Rob erts in the power of the bull, he took in the situation and acted with great prompt ness. He seized a long 2x1 scantllnsj, and attacked the bull, beating him over the head with the scantling, and finally suc ceeded In driving him off. He then lifted Roberts to a place of mfety. Hnd Rob erts been alone the bull undoubtedly would have succeeded in killing him In a very short time. Since the attack Roberta has been confined to his home with the inju- o aasarjrtaijj&fii ai tt&ssa&a&a DAVID P. THOMPSON. are of granite. The elk which surmounts ries received, but a friend who saw him yeaterday said he Is improving and will be out in a few days. UNION AVENUE I3IPROVEMENT. The Petition Is Belnff Generally Signed by Property-Owners. Tho prospect for the Improvement or Union avenue between East Oak and East Burnslde streets Is excellent. Most of the large property-owners have signified their willingness to sign the petition to have tho work done. The cost for replanklng will not be over 51 per front foot. Meat all the building? on Union avenue are now occupied. At least the rooms above the first floor are taken. There la also hope that the elevated roadway on East Oak street, between Grand and Union avenues, will be re paired. This roadway has been closed for several years. The surface has settled, and great holes have been broken. Be tween Grand avenue and East Sixth street the East Oak street roadway Is also dis rupted and barricaded, and repairs are needed as much as between Grand and Union avenues. It Is thought that It will pay to repair all tho elevated roadway west of Union avenue, as property rents readily now In that district. East Oak and East Wash ington streets are most called for north of East Morrison street. The superstruc ture of these roadways would only have to be partially rebuilt. Every building on East Washington street would be occu pied, and It would be an Important busi ness street if the roadway was repaired. It has been closed now for several years, and yet considerable business has always been done there. STREETS SHOULD BE UNIFORM. People Are Opposed to a Crisscross Plat for the Tibbetts Tract. In the opening of streets through the Tibbetts tract cast of MUwaukle street the general expression Is that the streets extended through the tract should corre spond with tho existing streets. It Is de sired that East Twelfth should be carried through the tract directly south, and East Thirteenth. East Fourteenth and the oth er streets In the same way. East Twelfth, If extended, would cut In part the city's property, but It Is not believed that there would be any opposition to this, as it would provide access to the ground. The only way to give access to Cole's and Feuer's Additions south of Powell street Is to open one or more streets northward through the Tibbetts tract, and the people of that district will Insist that D&BURKHAKfSWOWERFUL OFFER, (30 Days' Treatment Dr. Burkhart'3 Vegetable Compound has proved a blessing In millions of homes. It pos itively cures Chronic Aliments. Kidney. Liver and Stomach DUeases. Catarrh. Malaria, Bad Memory. Dizziness, Headache. Coated Tongue. Palpitation of the Heart. LaGrlppe and Rheu matism. 10 days' treatment free. All drug Cists'. DR. W. S. BURKHART, Cincinnati, O. WS GREATEST STRENGTH KSj finest flavor and eg mm absolute purity fg Kl C3UAFrvJTE.E-f3- Mt Q&BMPQUNB. this should be done when the tract Is platted. West from Mllwaukle street there Is not a single street opened to the river. Ells worth Is only opened from the river to East Tenth street, but Dr. C. H. Raffcty owns the property through which It will pass If extended, and he intends to plat his tract and open the streets through It In the near future. This will afford some relief in that direction. It Is well under stood that nothing will develop that por tion of the city more than to open some of these streets. ARTHUR- VENVILLE'S FUNERAL. He Will Be Given Given Military Burial From Sellivood. The funeral of Arthur Venvllle, whose remains were shipped to Portland from the Philippine Islands, will be held to morrow afternoon at 2:30 o'clock, from the Sellwood Episcopal Church. It !s expect ed that It will be a military funeral. Af ter the services In the church the re mains will be burled in Mllwaukle ceme tery, where the monument was erccteo" some time ago. The detachment of the artillery will meet at Dunning's undertaking parlors on Sunday at 1:15 P. M. sharp, and will escort the remains to East Sixth and Umatilla, where they will meet the firing squad. Naval Battalion, O. N. G., and Spanish War veterans; then proceed to St, John's Episcopal Church. The serv ice will be conducted by the Rev. E. T. Simpson, at 2:30 P. M.; thenco to Mll waukle cemetery. Neiv Presbyterian Church. The old building of the Third Presby terian Church has been settled on the foundation on East Pine and East Thir teenth streets, and meeting will hereafter be held In it. No contracts on the new portion have yet been let. but Dr. McLean said yesterday that It was expected that some of the work would be let before long. The building committee Is moving with caution In awarding contracts. East Side Notes. Rev. Hervey H. Hoyt. pastor of th First Universalis!. Church. East Eighth street, has gone east of the mountains on a short visit. John Kenworthy, the well-known pi oneer resident. Is still confined to his home on Union avenue with sickness, but Is re ported Improving. No arrangements have yet been mado for the funeral of William E. Turner, who committed suicide at Tabasco Addition Thursday morning. The body Is still at the East Side morgue. Wis. Bros., dentists. Both phones. Tho Falling. Depevr Starts for France. NEW YORK, Dec. 13. United States Senator Depew, who will wed Miss Palmer In Franqe during the holidays, has just reached the city from Washington. He has engaged passage on the Kaiser W1I helm der Grosse, which Is scheduled to sail tomorrow for Southampton. The North German Lloyd steamer should reach Cherbourg in about a week, which would enable Senator Depew to join his fianceo several days before Christmas. Miis Hay's "Wedding' Day. WASHINGTON. Dec. 13. The marriage of Miss Helen Hay, daughter of the Sec retary of State, and Payne Whitney, of New York, will occur Thursday, February 6, at the Church of the Covenant in this city. Rev. Tunis S. Hamlin, the pastor of tho church, will officiate, assisted by two visiting clergymen. About 600 Invitations will be Issued. uimmmunximuiiiiiUiiiiumiHUf J Baltimore Rye I The Most 5 j Popular Whiskey j S BOltlCHlLD BROS, 5 jS Portland, Ore. 3; PURITY I arnurjjfi W&tM AGE I I wlOWlU fm (M I FLAVOR I efM,pf rFji . , 1 tho chief adjunct, XfsJl i 5 have mado H of beauty. i3 now My Ss. M 3; : 9 placed ithla tho rT" H g g reachofovcryono H & S br nisana cf Newbro's Hcmlcldo. a s 1 iiraiier i "2 !I fa for Infants and Children. Castoria is a harmless substitute for Castor Oil, Pare goric, Xrops and Soothing Syrups. It is Pleasant. It contains neither Opium, Morphine nor other Narcotic substance. It destroys "Worms and allays Feverishness. It cures Diarrhoea and "Wind Colic. It relieves Teeth ing" Troubles and cures Constipation. It regulates the Stomach and Bowels, griTing- healthy and natural sleep. The Children's Panacea The Mother's Friend. The Kind You Have Always Bought Bears the .rjr 8n Use For Over 30 Years, TWC CIWT1UH COMPANY. TT MUWWHY STHCCT. HtW TOHK CITY. fcSTSj- The Original Worcestershire BEWARE OF IMITATIONS. The only good sauce; enriches the TUssijmaturcUcnereTybotac taste of all Meats, Fish, Game, Salads, - ? etc., and gives a flavor that imitators czkJ&&riuf utterly fail to produce. john'Sns.an.y. FEW PEOPLE REALIZE The Danger in That Common Dis case. Catarrh. Because catarrhal diseases are so com mon and because catarrh Is not rapidly fatal, people too often overlook and neg lect It until some Incurable ailment de velops as a result of the neglect. The Inflamed condition of the mem brane of the nose and throat makes a fertile soil for tho germs of Pneumonia and Consumption; in fact, catarrhal pneumonia and catarrhal consumption are the most common forms of these dreaded dlseises which annually cause more than one-quartT of the deaths In this country. Remedies for catarrh are almost as nu merous a3 catarrh sufferers, but very few have any actual merit as a cure, the only good derived being simply a temporary relief. There Is. however, a very effective rem edy recently discovered which is rap idly becoming famous for Its great value In relieving and permanently curing all forms of catarrhal diseases, whether lo cated In the head, throat, lungs or stom ach. This new catarrh cure Is principally composed of a gum derived from the Eucalyptus tree, and this gum possesses extraordinary healing and antiseptic properties. It Is taken Internally in the form of a lozenge or tablet, pleasant to the taste nnd so harmless that little chil dren take them with safety and benefit. Eucalyptus ol. and the bark are some times used, but are not so convenient nor so palatable as the gum. Undoubtedly the best quality Is found In Stuart's Catarrh Tablets, which may be found In any drug store, and any ca tarrh sufferer who has tried douches, in halers and liquid medicines will be sur prised at the rapid Improvement alter a few days' use of Stuart's Catarrh Tab lets, which are composed of the gum. of the Eucalyptus tre. combined with other antiseptics which destroy the germs of catarrh in the blood and expel the ca tarrhal poison from the system. Dr. Ramsdell, in speaking of Catarrh and its cure, says: "After many ex periments 1 have given up the Idea of curing catarrh by the use of Inhalers, washes, salves or liquid medicines. I have always had the best results from Stuart's Catarrh Tablets: the red gum and other valuable antiseptics contained in these tablets make them, in my opinion, far superior to any of the numerous catarrh remedies so extensively advertised. The fact that Stuart's Catarrh Tablets are sold In drug stores, under protection of a trademark, should not prejudice con scientious physicians against them, because their undoubted merit and harmless char acter make them a remedy which every catarrh sufierer may use with perfect safety and the prospect of a permanent cure," For colds In the head, for coughs, ca tarrhal deafness and catarrh of the stom ach and liver, people who have tried them say that Stuart's Catarrh Tablets are a household necessity. reachof ovcrvono by means cf Newbro's Herplcldo, a new eclcntiflo discovery that effec tually dca troys the microbes rcspon ciblo for ell scalp diseases. It not only makes dandruff and fall InST hair things of tho past, but invig orates tho hair roots, causing a soft, thick erowth to sunplnnt tho old thin and brittle ona. Ilcro la what k ono arppy woman says : . nnix?s3rac,JIoTr.,?foT.2,,53. aly hilr trzs catalog o:.t tc7 raplulj-, ad In placus -wza entirety bild; itnd calling on our ptralcl-n ht strongly recommended nerplduo to me, una nicer inn-i or lour i plications ar iuir stopped falling, ar.il iierplcldo to me, nna nicer tnrcr or lour up- 13 cOEunj in ac&ii quite tnlcl; I used to bo troubled trltn dandruir. of which I am cured. 133 bo yu eeo I havo cause to prs. ta evrbro'a tJ UeXJllClUO. 31Z3, JUKI UilSUUHlUU. g Fcr Sele at all Flrst-Ctass Dreg Stores. ytM.",w..i ji.ujjjwu'-"r imwtjijjijia'iiiaiia frjfrpffia-fJfeRSaaiBB Signature of SAUCE