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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 17, 1901)
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THE MORNING OREGONIAN, TUESDAY, DEUEMBEK 17, 19U1.
NEW TRIAL DENIED
Judge Frazer's Decision in
VERDICT VOR $47,500 STANDS
Paul Schulze Did Not Exceed HU
Authority as O. &. C. Laud Agent
When lie Modified Coatract
' The verdict stands In favor of Anthony
Neppach against the Oregon & California
Railroad Company for $47,500, obtained sev
eral months ago. Judge Frazer yester
day overruled the motion of the defend
ants for a new trial, and the company
may now appeal to the Supreme Court.
Neppach and C. A. Hlmpel In 1SS3 pur
chased, through Paul Schulze, who was
then general land agent for the Oregon
& California Railroad Company, several
thousand acres of very fine timber land
oa Gordon Creek. In the eastern part of
Multnomah County. The land was to be
paid for in 10 years in stipulated annual
payments, and one payment wax made.
The second payment was returned to the
purchasers, because it was ascertained
that the title to the land was uncertain;
that either the Oregon & California Com
pany or the Northern Pacific might get
it, or It might revert to the general Gov
ernment. Schulze agreed with Neppach
and Hlmpel that, if either the Northern
Pacific or the Oregon & California Com
pany got the land, he would sell It to
them at the agreed price; otherwise he
would return them the first Installment
which they paid, amounting to about
$1000. A final decision In the case was
reached only recently, and, when Neppach
tendered the balance due, about 57000, and
asked for a deed, he was met with re
fusal. He Immediately brought suit for
over $200,000, alleging that the lands had
largely enhanced In value. A strong point
In the defense was that Paul Schulze ex
ceeded his authority when he modified
the original agreement of sale and ar
ranged to sell the lands to Neppach when
the railroad suit should be settled, no
matter when that might be, at the original
Judge Frazer's opinion reads, in part, as
The first question raised Is as to whether the
modification of the original agreement made
with Hlmpel and Neppach came within the
apparent scope of the authority of Schulze,
the apent of the defendant, through whom. It
Is allfged, the agreement was made. No at
tempt has been made to show actual or express
authority on the part of Schulze to make such
on agreement; and, unless the power to make
Buch an agreemert came within the apparent
scope of his authority. It Is conceded that the
defendant Is not bound. Taking as our guide
tne general rule, that the apparent scope of an
agent's authority Is such authority as a rea
sonably prudent man. In like circumstances
with the plaintiff here, and with like means of
knowledge and Information, would naturally in
fer the agent to possess; was the court Justified
in submitting to the Jury the question as to
whether or not this agreement, modifying the
original contract, came within the apparent
tcope of Schulze's authority? The old rul,
making a clear distinction between the author
ity of a special agent and a general agent
under such circumstances, seems latterly to
have been disregarded by the courts, and the
authorities practically agree that the difference
between a general agency and a special agency
Is not an absolute, but a relative one. It Is a
difference In degree, and not In kind. It Is
clear, also, that there may be differences la
the degree of ths authority of general agents,
under different circumstances and conditions. It
I would seem that a general agent of a prlato
person In a single line of business, where the
principal was giving his Individual attention to
the business, would not be presumed to have,
nor apparently have, the same authority as
the general agent of a large corporation placed
at the head of one of several separate and dis
tinct lines of business conducted by such cor
poration. Corporations act only through agents.
It teems to the court that In cases like the
one at bar, an agent or a manager placed
at the head of one of many departments con
ducted by a large corporation, and under the
circumstances bhown in this cape, might al
most be presumed to have authority to do
whatever the corporation might do In any busi
ness of the corporation falling properly within
the Jurisdiction of that particular department.
This court is or the opinion that the evidence
elating to the nature of this corporation, kinds
of business which It conducted. Its methods ot
-onducting business, and particularly Its land
business, the authority exercised by Schulze,
apparently, with the knowledge and consent of
the corporation. In making other contracts,
taken together with all the circumstances un
der wlileh this contract was made, were sufTl
rient to go to the Jury, and that the Jury might
reasonably find from such facts and circum
stances that the making of this modified agree
ment came within the apparent scope of
I shall not attempt to discuss the details of
this evidence further than to call attention to
the fact that when this modification was made
It was not considered by either of the parties,
that it would have the effect of extending the
contract for 17 years. As far as thej knew at
that time, the dispute In regard to the title
to tho land might be settled In one month or
Dne year, and If that had been the case, the
extension of time would not have been greater
than the extension made prior thereto on sev
sral similar contracts oy Schulze. It seems,
too, that there was at least one other contract,
the Cunningham contract, which was modifrd
In almot the same manner, for the rae rca
lon. and for practically the same length of
:Ime, by Schulze. with the consent and approval
of the defendant, although the evidence In re
gard to this latter contract is not very clear,
and it would be difficult to determine from the
tvldence exactlr what was done In that mat
ter. There is another part of the testimony which
It seems would alone be sufficient to warrant
the court In submitting this question to tho
lury. and that Is the testimony of Schulzn
himself. It is true that agency cannot b
proven by declarations of the agent, but thero
Is no doubt whatever that where tho agency Is
to be Inferred from acts done or authority ex
ercised by the agent, that he Is as competent
a witness as any other. In regard to such acts.
Schulze testifies that he exercised full and
complete authority In regard to making and
modifying these contracts, and that as long as
he was acting as accent of the corporation his
acts were never questioned. The Jury had a
right to accept these statements of SchuUe's
as true, and to Infer therefrom that he had
full and complete authority to make or modify
any agreement whatever In regard to the Mile
of these lands
Agreement to Mortify.
The second point raised by defendant on this
motion. Is that the agreement to modify the
jrlginal contract Is within the statutes of fraud,
and not being In writing. 1. therefore, void.
This question was decided bv this court on
demurrer to the complaint, and also on a mo
tion to direct a verdict for the defendant after
all the evidence was in. The court sees now
no reason for changing the opinion expret-ed
on those occasions. The court was then of 'he
opinion that the better rule, and the rule ap
proved by our Supreme Court, Is that an ex
tension of time for the performance of a con
tract Is not such a modification of the contract
is Is required by the statute of frauds to be
The agreement on the part of Hlmpel and
Neppach that in case the Oregon & California
railed to acquire title to the land. they. Hlm
pel and Neppach. would waive any claim for
damages against the Oregon & California for
failure to perform, was not In the nature of a
modification or addition to the agreement Itself,
but rather In the nature of a waiver of a rem
edy, which, on & certain contingency, they
might have against the Oregon & California
for failure to perform the contract.
It seems to be held by the weight of author
ity that a parol agreement to rescind a con
tract required by the statute of frauds to be
In writing is valid, and that a parol waiver
of rights acquired oy such an agreement Is
valid. Such being the law. It would seem that
an agreement to waive the remedy which one
of the parties might have by reason of non
performance, would be good, although not in
writing. It appears, also, that this Is a
mere contingent agreement, based upon the
happening of an event which did not and can
not now happen, and upon which or on account
of which nothing Is claimed In this action, f
And, in the opinion of this court, this Is an ad
ditional reason why this part of the agreement
would have no effect in this action on the
question as to whether the modification of the
written contract was within the statute of
It seems, too, that where one party to a
written agreement which is within the statute
of frauds has suggested a modification of such
agreement and Induced the other party to the
contract to agree to such modification and to
act upon it, thereby placing the second party
In a worse position, that the party who In
duced the other to enter into and accept such
modification of the contract should be estopped
from claiming that such contract Is void, al
though It otherwise might be void by reason
of its not being in writing.
Valae of Stumpage.
The third part of the derendanfs argument
Is based upon the alleeed error of the court In
j allowing witnesses to testify as to the value
' of the stumpage upon the land In question.
Many authorities are cited to the effect that
witnesses as to the value of real estate should
not be permitted to give the value of the dif
ferent elements or constituents of value and
then add these different values together and
base their opinion upon such total. For In
stance, It would not be proper to say that, "A
thousand timber trees upon the land are worth
so much, a hill of gravel so much, a deposit
of clay so much, and when these are all re-
! moved the land Is still worth so much for
agricultural purposes, consequently, as. it Is, It
Is worth the aggregate of all these sums.
There Is no doubt ot the correctness of this
rule. But In this case the court expressly
ruled that the witnesses should not base their
estimate of value upon any such calculations,
and none of the witnesses did so estimate the
value of the land. On the other hand, the au
thorities are numerous, and, I believe, unani
mous. In holding that all these different ele
ments of value may be taken Into consideration
by a witness in making his estimate, and that
after he has testified as to his opinion of the
market value of tho land, a witness may state
the facts upon which he bases such opinion.
The witnesses In this case, after they had
given their opinions as to the value of the
land, were allowed to state upon what they
bayed such opinion. I believe that in every
Instance they placed the stumpage value of
the trees upon the land at a higher figure than
the present market value of the land. Includ
ing the stumpage. in several Instances estimat
ing the market value of the land not more
than one-half of what they considered the
value of the stumpage. And In no case does
It appear that the value of the stumpage was
taken as the measure of value, or that It was
added to the value or the land after the trees
were removed, or to any other oonstltuent of
value which the land may have possessed and
the aggregate value given as the value of the
land. An examination of the testimony will
show that the witnesses were first asked and
required to state what. In their opinion, was
the market value of the land, after they had
done so, then they were asked to give the facts
about the amount and value of the stumpage.
as showing simply upon what they based their
opinion. This, we believe, they had a perfect
right to do under the rule as laid down by
practically all the authorities brought to the
attention of the court.
The motion for a new trial will be denied.
SAYS THE WATER IS PURE.
But Mr. "Watson's Expert Falls to
Convince County Court.
D. M. Watson, In an attempt to collect
his bill of $1100 for digging wells at the
poor farm, guaranteed to supply 1200 gal
lons of water per day, submitted a re
port to the County Commissioners con
cerning the quality of the water. The ex
amination was made by Miss Victoria
Hampton, a chemist. The Commissioners,
however, refused to recede from their for
mer position, and told Mr. Watson to sue.
He has been offered 5400 In payment for
wells which the Commissioners admit
furnish good water, and a well near the
cemetery and another near where there
Is sewage have been rejected. The report
submitted by Mr. Watson, signed by Miss
Hampton, was as follows:
I have completed the comparative analysis of
the two samples of water which I took at your
request from the wells at the county poor
farm. The water from the upper well Is com
paratively clear; while the water from the
lower wells carries some clay mechanically
suspended. The water from the lower wells Is
of greater organic purity than the water from
the upper wells, consequently the more desira
ble water for drinking purposes.
"That Is not what we wanted.' said
Judge Cake; "we told you to have the ex
pert take two samples from the lower
wells and two samples from the upper
wells, and submit reports, and here are
only two samples referred to.
"I will have her come before you," sug
gested Mr. Watson.
"There is no use of that," retorted
Judge Cake, "for we haVe her written re
port. We have offered to pay you $400
and allow you to complete the work un
der the supervision of the County Court."
Mr. Watson offered to dig another well
next Summer. If paid his bill, and to fur
nish a bond to insure that he would do so.
Judge Cake, speaking for the board, de
clined the proposition, and Mr. Watson
appealed to Commissioner Mack, saying,
"If 1 had been treated half as well as a
yellow dog would have been, this thing
would have been settled. My money is
Invested out here, and I ought to receive
the warrant." Judge Cake responded:
"We have had enough of this matter."
Mr. Watson once more appealed to Com
missioner Mack, who replied that the
chairman had spoken. Mr. Watson left,
saying he was not afraid but that he
would secure his rights in court, and that
he would bring suit.
DAITON WANTS NEW TRIAL.
Attorney Allege Error on Part of
A motion for a new trial In the Dalton
murder case was filed by his attorney,
Clarence Veazie, yesterday, and was set
for argument before Judges Cieland and
Sears on Friday. Dalton cannot be ten
fenced until the motion Is disposed of. and
Wade will also not be sentenced until that
time, as his attorney has asked that both
men be sentenced together.
One ground for the motion Is error of
the court In denying the challenge of the
defendant to the competency of W. S.
Ott to sit as a Juror In the case. The
challenge was on the ground of actual
bias. Ott did not sit as a Juror In the
case, as the defendant excused him per
emptorily. The point Is that the court
ought to have excused the man, and that
the defendant used a peremptory chal
lenge, which might have been used on
somebody else, because the defendant ex
hausted all of his peremptory challenges.
The other grounds are, error of the
court In admitting the evidence of Joseph
Day and D. M. McLauchlan concerning
Dalton's confession, and it Is also con
tended that the court was at fault In giv
ing certain instructions to the jury and
declining to give instructions asked by
NO USE TO PAY INTEREST.
Second Mortgage CnnnotKeep Alive
Judge Frazer yesterday decided that
payment of Interest on a first mortgage
by a second mortgagee does not prevent
the statute of limitation from taking ef
fact, as the second mortgagee does not
have sufficient interest in the land to pre
vent. This opinion was rendered in sus
taining the demurrer to the amended com
plaint In the case of George Fraser vs.
W. W. Espey. Espey gave a first mort
gage to Fraser on some property In this
city, and afterward a second mortgage to
R. H. Thompson. Espey stopped paying
Interest 11 years ago, but Thompson, to
protect his rights, paid the Interest on
the first mortgage. The contention of the
defense was that the debt could not be
kept alive by the payment of the Interest
by Thompson. Two cases were cited by
the court, showing that payment of Inter
est in such a case by a third party does
not interfere with the statute of limita
tions, and In this particular case it was
decided that the holding of Thompson was
not sufficient to hold the land.
LAST TESTIMONY IN 3IINIXG CASE.
Oregon King Litigation Will Go to
the Jury Today.
The taking of testimony In the case of
Brown vs. the Oregon King mine was
concluded "In the United States Court yes
terday morning. Mr. Abraham, made the
opening argument for the complainant,
and Mr. Cotton made his argument for
the defense on the law, when the court
adjourned till 10 o'clock this morning, at
which time he will complete his argu
ment. He will be followed by Mr. Fen
ton for the defense, and Mr. Gearln will
then conclude the argument for the plain
tiff. It Is expected that the case will go to
the jury about 4 o'clock this afternoon.
Lost Her CertlScate of Deposit.
The question If a bank must pay over
money when, a certificate of deposit has
been lost la to be decided In the ult of
Lizzie Arbuckle against the Merchants'
National Bank, which was filed in the
State Circuit Court yesterday by Dell
Stuart, attorney. The complaint sets up
that the plaintiff deposited $450 with the
bank for keeping, December 12, 1900. She
lost the certificate of deposit on December
27, and on the advice of the bank officials
advertised for Its recovery without suc
cess. She states that they have declined
to pay her the money.
Divorce on Ground of Desertion.
Fred F. Nelson has sued Ida Nelson
for a divorce on the ground of desertion,
which he alleges occurred In January,
1900. They were married in 1S94. There
Is one child with the mother, which Mr. '
PROHIBITION WORKER AMONG COLLEGE STUDENTS.
XJ. Lelgk Colfim.
he has visited in Oregon. At the dote of
a post-graduate course of six months In the
TlKnn stntps In his comDlalnt that he
will assist In supporting, and that he de-
sires to sec the child at times.
I. Sturmon and Thomas Niece, indicted
for larceny from the person of Paul
Selfner, pleaded not guilty.
Judge Frazer yesterday set cases for
trial as follows: McLeod vs. Holbrook,
Januarv 14; SUnson vs. New York Life
Insurance Company, January 16.
An information was yesterday filed
against Frank Reed charging him with
felonious assault on Hattle Idlewlne. He
was allowed until Wednesday to plead.
District Attorney Chamberlain yesterday
filed an Information against H. Thomas,
charging him with larceny of a diamond
pin from the person of T. J. Day. Thomas
was arraigned and pleaded not guilty.
Joe Smith was arraigned before Judge
Fraaer yesterday on a charge of burglary
in entering the store of W. E. Jones, on
Alder street, near Fifth, on December 13.
He was granted until Wednesday to plead.
Articles of Incorporation of the American
Vinegar & Pickle Works were filed yester
day in the County Clerk's office by Her
man Wittenberg, C. B. Williams and j
George Staplcton. Capital stock, $20,000.
District Attorney Chamberlain yesterday
filed an Information against John Tom,
Ting Jim. B. Otekia, S. Starikana and Y.
Harrla. charging them with conducting a
twenty-one game. They were granted
until Wednesday to plead.
J. J. Basey, who was convicted In the
Municipal Court of beating his wife, and
fined $3, and also required to give bonds
to keep the peace, was released from te
county jail yesterday by order of Judge
Frazer. Basey was unable to furnish the
bond, but ho convinced the court that he
has also had employment, and never was
In trouble before.
WHEREABOUTS OF MISS STONE
President Washburn Hns Learned
She Is Not In Bulgaria.
LONDON, Dec. 17. The correspondent
of the Dally Telegraph, wiring from Sofia,
says that George Washburn, president of
Robert College, at Constantinople, has as
certained that Miss Stone is not now in
Bulgaria. Mr. Washburn also learns that
the majority of the band holding Miss
Stone captive are Bulgarians. It is ru
mored that Miss Stone Is now in Servia,
To Put Dovrn Outlaws.
NEW YORK, Dec 1C Advices which
ha.vc been received here In an official
quarter from Vienna Indicate that the
AuHtro-llungarian Government Is making
strong representations to both Turkey
and Bulgaria with the object of Inducing .
those countries to take suitable and ef
fective steps to put down the state of J
outlawry and brigandage on their borders.,
says the Tribune's London correspondent.
It Is believed that this action of the '
Austro-Hungarlan Gove-nment la the re- '
suit of frequent conferences which the
American Minister In Vienna has recently
had with Count Goluchowskl, In reference
to Miss Stone. ' j
NEW YORK. Dec 16. Professor Vic-
tor Bcrard, in an article In the Revue de
Paris, quoted by the Paris correspondent
of the London Times and New York
Times, discusses the ricent Franco-Turkish
dispute. M. Berard arrives at the
conclusion that the Sultan's obstinacy was
due to the tacit encouragement of Russia,
who feared that French action would stir
up the Armenian question. This, says M.
Berard, Is contrary to Russia's wishes,
because she desires ultimately to estab
lish herself In the Gulf of Alexandre and
to obtain possession of all the railway
lines of Greater Armenia. I
Modified State of Siege.
ST. PETERSBURG, Dec 16. The Ga
zette today announces that a modified
state of siege has been proclaimed in a
score of towns throughout Russia. Strik
ers' and students' riots are responsible for
the action taken by the authorities.
OREGON CITY, Or.. Dec 16. Charles
Cutting, a pioneer, died at his home in
Maple Lane yesterday afternoon at 5
o'clock. The Interment took place today
Painter Frozen to Death.
LYONS, N. Y., Dec 16. William H.
Walker, a painter, was found frozen to
death today near here
THERE IS A CLASS OF PEOPLE
Who an Injured by the use of coffee. Re
cently there has been placed In all the gro
cers" stores a new preparation called GRAIN-O
made of pure grains, that takes the place of
coffee. The most delicate .stomach receives It
without distress, and but few can tell It from
coffee. It does not cost over U as much.
Children may drink It with great benefit. 15c
and 25c per package. Try It. Ask for
BONUS FOR BRANCH LINE
UNIVERSITY PARK OFFERS IN
DUCEMENTS FOR SEW ROAD.
Subscription for $10,000 Being Circu
lated Mrs. Ingram's Condition
The University Sub-Board of Trade has
undertaken the work of raising a bonus
of $10,000 as an Inducement to the Port
land Railroad Company to build a branch
line down on the Peninsula. Subscription
papers are being circulated, and a con
siderable amount has already been se
cured. This movement Is a revival of an
effort made some time ago, when the agi
tation for better car service was started.
The preliminary survey for the new line
has been made down the Peninsula, but
the route has never been definitely fixed.
However, the route mostly talked of Is
through Piedmont from a point on the
Portland Railway Company's track at
Woodlawn. and thence through to Ports
mouth. This Is north of the steam motor
D. Leigh Colvln. president of the
Intercollegiate Prohibition Associa
tion. Is a native of Ohio, about 21
years of age, and a graduate of the
Ohio Wesleyan University. He la
now serving his third term as presi
dent of the National Association,
and during that time has visited
nearly all of the colleges of the
East. His mlwlon on the Pacific
Coast Is to organize leagues in line
with the National association, in
the various colleges In the States of
Washington, Oregon and California,
Within the past two weeks he has
visited and organized leagues In tho
following colleges of Oregon: Agri
cultural College, Corvallls. 50 mem
bers; Philomath College, Philomath,
SO members: Oregon State Normal
School, Monmouth, 25 members;
Dallas College, Dallas. 45 members;
Pacific College, New berg, 30 mem
bers; Pacific Unlverelty, Forest
Grove, 15 members; McMlnnvllle
College. 35 members. This week he
will visit Willamette University, Sa
lem; Albany College. Albany, and
the University of Oregon, Eugene.
Mr. Colvln Is very much pleased
with the reception which has been
accorded him at every point which
the present tour Mr. Colvln will take
University of California.
branch of the City &. Suburban Railway
Company, and cuts through new territory.
"We want a straight electric car service
of 20 or 30 minutes, without any junction,
through to the heart of the city.'' said
William Bagley yesterday, "and I have
subscribed to the bonus with this object
in view. The recent change In the motor
line time is a very great improvement,
and I can already sec the effect. But it
gives us only an hour schedule, and there
Is a transfer and a junction. I do not
care where the route of the proposed
branch of the other company Is located,
so we can get a through quick service,
the samo as Is given all other Portland
Just what effect the Improved service
on the motor line will hai'c on this move
ment for the new line can only be con
jectured, but assurances arc given that
the effort to raise the bonus for the new
branch will be continued until It Is raised.
The residents on the Peninsula are deter
mined to get electric car service some
Industrial Lodge, No. 00, Celebrated
Is Birthday Last Night.
Industrial Lodge, No. 99, L O. O. F..
Alblna, celebrated Its 12th anniversary last
night In the Odd Fellows' Hall, Russell
street. Industrial Lodge was organized
December 12, 1889, and now has a mem
bership of 57. It Is one of the most pro
gressive lodges In the city. At the time
of its Institution George H. Burnett was
grand master, and A. N. Gambcll grand
secretary of the state.
The committee of arrangements, M. A.
McEachern. John Thompson and R. E.
Menefce, prepared an Informal but pleas
ing programme for the evening. There
was large attendance of the Odd Fellows
with their families and friends. Whist and
other games occupied the first part of the
evening, after which the hall was cleared,
and the tables spread for the banquet.
The decorations of the -tables were very
attractive and the members of the lodge
gave close attention to the wants of their
John T. Whalley acted as toastmaster
at the close of the banquet. J. C. Jameson
made a brief address of welcome. Other
addresses were made by Mrs. A. B. Man
ley on "Wives of Odd Fellows and the
Rebekah Degree"; Thomas C. Devlin, "An
niversary Occasions"; James Estc-s, "Char
ter Members"; S. C. Beach, "Peninsular
Lodge"; J. H. Stanley, "The Rising Gen
eration"; Dr. Holcomb, "Reminiscences of
Industrial Lodge." Music was Inter
spersed by Miss Bessie Brown, a violin
solo, accompanied by Miss Mary Ross;
Miss Nettle Ross, vocal solo, accompanied
by Miss May Ross. The anniversary of
the "Three-Linkers" was a gratifying suc
cess to the members of Industrial Lodge.
DAMAGE SUIT COMMENCED.
Louis Wleder Wants $250 Damages
for Ejectment Froni a Building.
Papers were filed In Justice Vrecland's
court yesterday by Easter & Railey. at
torneys for Louis Wieder, to recover $2.7)
damages for being ejected, with his ef
fects, from the lower room of the build
ing on the corner of Union avenue and
East Stark street, December 12, 1901, by
F. & H. M. Fritz. It Is set forth In the
papers that Wleder was on that date the
lessee of this room, and had been so for
some time, but that on December 12 the
defendants entered and forcibly threw him
into the street, and also dumped his prop
erty after him.
The room had been run as a religious
place for some time. Public religious
meetings were held there, and the room
was provided with benches. Wleder says
that, by reason of his ejectment, he has
been Injured to the amount of $250. Judg
ment for this sum Is asked, and $50 at
torneys' fees. The defendants, F. & H.
M. Fritz, are dealers In second-hand
goods, and they have moved their stock
Into thl3 room. They claim that they
have the best right to the premises. At
any rate, they have possession. As there
have been several leases made of the room,
at the trial the rights of property may
have to be determined.
SIRS. INGRAM'S CONDITION.
She Still Lives, and There Is a
Chance Yet for Her Recovery.
Mrs. Henry Ingram, who was seriously
Injured In a runaway accident on Grand
avenue Sunday evening, and removed to
the Good Samarium Hospital, was still
living yesterday, and her physicians re
ported that there was a chance for her re
covery. It may be several days, how
ever, before the result will be definitely
During the day the action of her heart
seemed better than at night, but she re
mained unconscious. At times there
seemed to be a slight restoration of con
sciousness, which did not last. Dr. Dai
Raffety, who accompanied her to the hos
pital, said yesterday that he did not think
that her skull was "fractured, but that
there was severe concussion of the brain.
There is a bruise on the right side of her
head, where she struck on the plank on
Grand avenue. No evidence of Internal
Injuries has developed, and it Is thought
that concussion of the brain Is the seri
ous phase of the case. The family has
lived on the farm on the Foster road for
about three months. She Is 42 years old,
and has six children.
PROMINENT LU3D3ERMAN ILL.
George R. Vosburg In Critical Condi
tion at Home of Dr. Van Waters.
George R. Vosburg, of the well-known
lumber flrmof C. H. Wheeler & Co.. is
critically 111 at the home of his son-In-law,
Rev. George B. Van Waters. D. D.. on
East Twelfth and East Morrison streets.
He has been sick for some time, but his
case took a serious turn several days
ago. Sunday It was feared that he could
not live through the day. but yesterday
there seemed some Improvement. Mr.
Vosburg Is a prominent lumberman, and
was interested In the Wheeler, the vessel
recently sunk at Yaqulna Bay. He was
also prominent in Pennsylvania, where
the town of Vosburg was named after
SELLWOOD'S NEW POSTMASTER.
J. G. Chapman Has Been Appointed
Postmaster at That Suburb.
J. G. Chapman, a well-known resident
and real estate man, has been appointed
station-master at Sellwood, to succeed A.
B. Hemstock, who recently left for Cali
fornia. Mr. Chapman is an old and high
ly respected citizen of Sellwood. He will
move the office from Its (present location
In the drug store, on Umatilla avenue and
Sixth, across the street Into the building
formerly occupied by the Sellwood barber.
East Side Notes.
The East Side Improvement Association
will meet this evening In Jus'tlce Vree
land's office, on East 'Morrison street, near
The funeral of Mrs. J. Dooley, who died
last Saturday, was held yesterday morn
ing at the home of her daughter, 235 Union
Wise Bros., dentists. Both phones. The
VICTIMS OF THE STORM.
People Drowned and Frozen to
Death In Several States.
TOWANDA, Pa., Dec 16. At Monroeton
Mrs. Hattle Fessender, 45 years old, was
drowned while being carried from her
house. At Greenwood a house occupied by
William S. Reynold and his wife, both
over 70 years old, and their grandson ot
16 years was knocked over. The raanwas
drowned, but the boy succeeded in getting
himself and the woman Into a street,
where they tied themselves with strips of
clothing. Both were terribly frozen, and
the woman will die. Charles Merrltt. 18
years of age, was returning from a neigh
bors, and was frozen to death.
Editor a Victim of Cold Snap.
ST. LOUIS. Dec 16. Joseph Novak,
living at Ingleside Station, In St. Louis
County, editor of the Bohemian Voice, is
a vlcthn of the recent cold snap. His
frozen body was found In a vacant lot
near the Wabash tracks In Baden. Mr.
Novak had been a sufferer from asthma
for several years, and it Is supposed he
fell suddenly 111 while on his way to the
Baden station to catch a train for home.
Smnllpox Patient Frozen to Death.
STEPHENS POINT, Wis., Dec. 16. Al
exander Kirk, while delirious with small
pox, escaped from his home In Amherst,
Wis., last night, wandered about in the
snow stcrm and was frozen to death.
Three Negroes Frozen to Death.
MEMPHIS, Dec. 16. Three negroes have
been found frozen to death near Canton,
Miss., since Saturday. The cold In Cen
tral Mississippi Is beyond precedent at
this time of the year.
Alabama Farmer Frozen to Death.
GREENSBORO. Ala., Dec. 16. Ed Jack
son, a farmer. lost his way while going
home Saturday night and was frozen to
Found Frozen to Death in Bed.
MARION. O.. Dec 16. James B. Cole
man, a railroad employe, was found In
his bed today, frozen to death.
Frozen to Death In Texas.
OLIVE, Tex., Dec 16. Ira Hllliard has
been found dead here, having. succumbed
to the cold while trying to walk home.
ILLINOIS TRAIN WRECK.
Company Says Eleven Were Killed
and a. Laborer Is Missing.
ROCKFORD. 111., Dec 16. According to
figures furnished at the local office of the
Illinois Central, the number of passengers
killed near Perryvllle Is 11. with one more,
an Italian laborer, reported as missing.
The names added today were:
WALTER JOHNSON, Chicago, negro
GEORGE REYNOLDS, Irene, section
HARRY REYNOLDS. Irene.
The negro porter killed was William
Hammond, of Mounts, 111.
Killed by a Train.
DETROIT. Dec 16. Two men were
killed and another was severely Injured at
Delray, a suburb of Detroit, early today
by a Lake Shore passenger train. The
CHARLES DEROSIER, Ecorse.
FRED MISLER, Delray.
The Injured: Ernest Hempclman, leg
broken, head cut.
The men who were on their way to work
were walking on the track. It was dark,
and they neither saw nor heard the ap
A "West Virginia Train Wreck.
WHEELING. W. V.. Dec. 16. At Keyser
today a Baltimore & Ohio passenger train
crushed into the rear end of a freight
train, killing Conductor J. P. Maxwell
and Brakcman Charles Sharpe. The
wreck burned, cremating the bodies.
Fears for "Lone Mariner" and Brltlo.
NEW YORK. Dec 16. A special from
Atlantic City, N. J., says: Captain Wil
liam Andrews and his bride sailed from
Young's Pier Sunday, September 2S, In
their 13-foot dory, the Dark Secret. They
expected to touch at the Azores for fresh
supplies of food and water and to land
at some port In Spain or Portugal In from
six to eight weeks' time. On his former
voyages acress the Atlantic, Captain An
drews frequently spoke passing vessels,
and he was reported by them on their
arrival In port, but as "the lone mariner"
and his bride have been gone now nearly
three months, and as their landing has not
been reported anywhere, It Is the opinion
here that they have been drowned.
Nnval Arch Project Given Up.
NEW YORK, Dec. 16. Park Benjamin,
president of the Naval Arch Commission
which has charge of the proposed naval
arch and water gate at the Battery in
this city, announced tonay that the pro
ject has been temporarily given up. The
arch and gate was to have cost $1,300,000
and $250,000" had been pledged. Mr. Benja
min said that the Schley controversy had
destroyed public Interest in the under
taking. Will Send No Rowing Club.
PHILADELPHIA, Dec 16. Thomas
Rcath, chairman of the University of
Pennsylvania rowing committee, today
made the statement that the university
would not send a crew to England or Ire
land next year.
LADIES' NIGHT AIM. A. A.C.
WOMEN 5DE THE REAL THING IN
WRESTLING AND OTHER SPORTS.
Bantam-Weight Club Championship
Won by Edgar Frank Juniors
In a. Lively Drill.
Ladles' night at the Multnomah Club
last evening was a brilliant affair, both
as to assemblage and programme of mu
sical and athletic numbers. The wrestling
match between Edgar Frank and Chester
Hughes excited more Interest, perhaps,
than any other number on the programme.
This was a sample of what ladies will
be able to see next Friday evening, when
the Multnomah Club will for the first
time, permit them to attend Its wrestling
At S:.5 o'clock, when the orchestra be
gan the overture, the seats on the four
sides of the gymnasium and the gallery
were crowded with the ladles and tneir
escorts. Forty Multnomah juniors, who
have been placed well In hand by Pro
fessor Krohn. srave n romnptlrlv Hrlll
The juniors went through a regular gym-
uasium exercise, under the leadership of
their Instructor, and the many difficult
movements performtd won them frequent
applause. The medal for that event was
awarded to Ross Smith.
The wrestling match for the bantam
weight championship of the club was won
by Edgar Frank in two bouts, the first
by. a 'all In three minutes and 20 sec
onds, and the second on a decision at
the end of six minutes. Both contestants
were about equal as far as cleverness
was concerned, but Frank proved to be
the stronger and quicker.
Harry Copland, as "L'Eschelle," did some
clever stunts on the trapeze. W. L. El
liott's vocal solo, with a harp accom
paniment, won him three encores. Arthur
Bowman, the club's leading acrobat, did
some very clever work on the triple bars
that was the source of much applause.
Through the evening Parsons orchestra
rendered excellent selections.
The senior class also gave a gymnastic
exhibition that was well received. The
second appearance of the juniors was In
window-leaping and a relay race. The
race was for a banner presented last year
by the Woman's Annex of the club, to
bo contested for every year by teams of
four Juniors, the winners to have their
names inscribed on the banner. The team
winning the race last evening was cap
tained by Raymond Holman and consisted
of the captain. Gay Wyman, Carl Nlssen
and lalo Smith.
Mr. Dunlway presented the medals to
the winners in the different events in the
Junior and senior competitions held sev
eral weeks ago. In the Junior competi
tion, there were ties In both divisions of
the day class, and these were decided by
races last evening. The winners in the
different divisions were: Junior compe
tition, night class, first division. Edgar
Frank; second division. Howard Jenkins;
first division, day class, tie between
Julian Hughes. Sylvester Eulrlck and
George Otten, decided In favor of Eul
rlck: second division, tie between Dick
Ripley and Willie Cccoran, decided in
Ripley's favor: third division. O. Hos
ford. The senior medals went to W. J.
Lyons, first, and J. S. McCord. second, in
the light gymnastics, and Kai Rasch. first,
and E. J. Warnock. second. In the heavy
The programme concluded with an acro
batic exhibition by the "Lamberson Fam
ily." or. as they are better known among
the club members, the "Lamberson Sis
ters." Although this Is the first time they
have appeared here.lt was announced that
this was their 13th farewell appearance.
MEN ARE EVENLY MATCHED.
Hnrd to Tell Who Will Win the
Fight Thursday Evening.
The NelK-Tracey boxing match, which
Is scheduled to take place Thursday even
ing, Is the chief sporting event scheduled
for the near future. Both men have large
followlngs here In Portland, and some
pretty lively bottlng Is being indulged in.
Those who keep in touch with boxing
events say that the coming contest will
be the best ever held In this city, and one
enthusiast Is said to have offered to back
this declaration with $1000 In coin, leaving,
the decision to the man that takes the
bet. Both Nelll and Tracey are In excel
lent condition, and will have no difficulty
In making the required weight, US pounds.
At the request of Jack Day, Joe Acton
will referee the main event.
"Cyclone" Kelly has wirrd the manage
ment of the Pastime Club that he can
not appear on Thursday, so Frod Muller,
who Is well known In Portland, wll. be
matched against Foley In the 10-round pre
liminary. The six-round go between Ah
Wing and Jack Wiley is arousing consid
erable Interest, as everybody is- anxious
to see the Celestial do a stunt with the
gloves. Jack Day will referee both pre
liminaries. TO MEET MR. ANKENY.
Prominent Washington Politicians
Gather In Portland.
E. C. Neufelder, of Seattle, treasurer of
the Republican State Central Committee,
of Washington, and who has long been
prominently Identified with the Republican
party In the Northwest, returned to his
home last night after a business trip here
Mr. Neufelder has large banking Inter
ests In Seattle, and Is one of the best
known men commercially, as well as polit
ically, In tho State of Washington.
Mr. Neufelder declined to discuss poll
tics yesterday, when seen at the Port
land, giving ns his reason that It was
too early In the game, and the situation
had not yet had time to take definite
shape, either In state or city politics.
While here Mr. Neufelder had a long
conference with Levi Ankeny, the Walla
Walla banker, who has Senatorial aspira
tions, and Is an avowed candidate before
the next Legislature against John L. Wil
son, Miles C. Moore and Harold Preston.
The brunt of the battle, It Is expected,
will be between Wilson and Ankeny. and
political gossip has named Mr. Neufelder
as one of the latter's managers.
While It Is not probable that yesterday's
conference had any deep significance, sev
eral of Mr. Ankeny's friends were pres
ent with Mr. Neufelder at the Imperial
Hotel yesterday afternoon. Mr. Ankrny
There is no medicine in the
world so good for stomach
complaints as the bitters. It
cures Dyspepsia, Indiges
tion, Constipation, Bilious
ness, Malaria, Fever and
Ague. A fair trial will con
Ifefc .STOMACH gfr
Avoid Henvous Prosteattesia
If you are dangerously sick what is
the first duty of your physician ? He
quiets the iervms system, he deadens
the pain, and you sleep well.
You ought to know that when yon
ceased to be regular in your courses,
grow irritable without cause, and
pss sleepless nights, there is serious
trouble somewhere, and nervous pre
tration is sure to follow.
You ought to know that indigestion,
exhaustion, womb displacements,
fainting, dizziness, headache, and
backache send the nerves wild with
affright, and you cannot sleep.
Mrs. Hartley, of 221 W. Congress St.,
Chicago, 111., whose portrait we pul
lish. suffered all these agonios, and
was entirt'ly cured by Lydia E. Pink
ham's Vegetable Compound : her cast!
should Iv. a wr.rning to others, and
her cure carry conviction to the mind3
of every suffering wrman of the un
failing efficiency of Lydia E. Plnkharotf
Vegetable ' ompoui, 1.
came to the city to attend the funeral of
the late D. P. Thompson, and later he
spent several hours with his daughter.
Charity Ankeny. who Is still in the hos
pital, suffering from Injuries received In
an elevator accident at St. Helen's Hall,
where she was attending school several
weeks ago. Mr. Ankrny will return, to
Walla Walla this morning.
One, Doalitleni, of Many.
PORTLAND, Dec. 16. (To the Editor.)
I will thank you for space In which to say
wlth gratitude to the memory of the late
D. P. Thompson that once, without hope
of remuneration or reward, he placed in
my hands 5100. This kindness when sorely
needed I wish thus to acknowledge. C.
oxcl: a week.
Personally Conducted Excursions.
Via Rio urande lines, either via Hunt
ington or Sdcramcnto. to all points East.
Through sleeper to Chicago. e;c. Magnifi
cent scenery. Call for lowest rates, etc..
at Itlo Grande office. No. 124 Third street.
No More Dread
"he Dental Chair
rnE1 EXTRACTED AND FILLED
MJSOLUTELY WITHOUT PAIN by o.jr
latu scientific method applied to fhe gunvi.
So sleep-producing agents or cocaine.
These are the only dental parlors In
Tortland having PATENTED APPLI
ANCES and Ingredients to extract, fill
end apply cold crowns and porcelain
crowns undetectable from natural teerh,
and warranted for lu years. WITHOUT
THE LEAST PAIN. All work done by
GRADUATED DENTISTS of t:vm 12 'o
20 yeura' experience, and each ilrpart
aent In charge of a specialist. Glr ua
a call, and you will find us to do exat y
.is w advertise. We will tell you In ad
vance exactlv what jour work will coax
,y a FREE EXAMINATION.
New York Dental Parlors
Fourth and Morrison sts., Portland. Or.
S:S0 A. M. to 3 P. M.: Sundays, S:30 A. M.
to 2 P. M.
61 First avenue. Seattle. Washington.
finest flavor and
o lj r a vj t el el q"
ClClltT OC.VtK& C-tM OH.
Is the fitc of rainy a jrounz bee.
6j-5j5e Is the only harmless preparaUon tno-ira
KlSMvPJ "rhich Instantly roarorra talr to any
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I5' 1TONTHS. t-arnplo of hair colored treew
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IMPERIAL CHtHICAL A.fG. j. 1J5 W. Hi M., lew Uric
THE MODERN APPLIANCE. A yuatUo
way to prfecl manhood. 'Hie VACUUM
TREATMENT cures you without medicine of
all nervous or diseases of the cenerati or
gans, such as lobt manhood, exhaujttve drains,
varicocele. Impoteccy. etc. Men are quickly re
stored to perfect health and strcngtn. Writs
for clrcularsi Correspondence confidential.
THE HEALTH APPLIANCE CO., room 47-4S
Safe Deposit bulldlnc. Seattle. Wash.
fJO PLATES iflWb