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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MORNING OKEGONIAN, TUESDAY, DECEMBER 24, 1901.
State of Washington May
Foil Railroad Combination.
OPINION OF ATTORNEY-GENERAL
Monopolies Are Inhibited by Organic
and Common La-rr No Further
Legislative Enactment Is
OLYMPIA, .Wash.. Dec 23. Attorney
General Stratton today handed down a
eeven-page opinion on the legality of the
Northern Securities Company. The Gov
ernor asked the Attorney-General a month
ago whether there bad been a contra
vention of the constitution of "Washington
and what were the remedies left to the
people of the state and what was the
duty of the Governor In the premises.
The opinion was briefly summed up In
the closing paragraph as follows:
"I am of the opinion, from an exam
ination of the authorities, that without
further legislative enactment, the state,
through Its Attorney-General, mayv main
tain proceedings In the court to protect
its people against trusts and monopolies
and unlawful combinations, either un
der the constitutional provisions prohib
iting them or under the common law.
While the law is thus clear, the facts
which I have been able to gather are so
few and the real transaction so little
known that it is not possible for me 10
ay at this time whether the facts exist
upon which a suit could be successfully
maintained by the state."
The salient points of the opinion are as
fctllows: "Upon their face the articles ai
pear to be entirely inoffensive, and de
clare the corporation to be an Invest
ment company, with power to purchase,
hold, sell, vote and deal In stock in any
other corporation, wherever organized;
and similarly to purchase, hold, sell and
deal in eecurities and evidences of debt,
eta This company was organized under
the laws of New Jersey. The Northern
Pacific Railway Company is a "Wisconsin
corporation, while the Great Northern
Company was created and exists by vir
tue of the laws of Minnesota. All three
companies are therefore corporations for
eign to this state. It will also be noted
that the two railway companies are en
gaged in Interstate commerce as well as
commerce wholly within this state.
"I am informed, in a general way, that
pome 15 men who are holders of a major
ity of the Great Northern stock have also
become owners of more than a majority
of the Northern Pacific stock, but upon
what terms or agreement the tariff or
purchase was- made I am unable to say.
It is generally understood that said own
ers have agreed to sell the Northern Pa
cific stock to the Securities Company.
This last-named company -ha's also of
fered to buy, during tho next CO days or
thereabouts. Great Northern and North
em Pacific stock, issuing Its own In ex
change. Under Its articles the Securities
Company may become owner of the ma
jority of stock In both railway companies
and yet both the Northern Pacific and
the Great Northern may remain separate
corporations, with no interests as such,
in common, except such as might result
from the ownership of the shares. The
right of a foreign corporation to engage
in business within a state other than that
of Its creation depends solely upon the
lav of such other state.
"This principle la well settled by a long
line of Federal decisions, and was re
affirmed in the case of the "Waters Pierce
Oil Company vs. Texas, 177 U. S., p. 2S.
The exception to this rule embraces only
those cases where a corporation created
by one state rests Its right to enter in
rnd to engage in business therein upon
the Federal nature of its business.
"The question seems to be, Should the
Northern Pacific Railway Company or
the Great Northern Railway Company be
regarded a party, through its stockhold
ers or the trustees or assignees of stock
holders, or In any manner whatever in
its corporate capacity, to a trust
or monopoly, or other unlawful combina
tion? I think the court in the case of
State vs. Standard Oil Company, declares
the law to be, in substance, that the act
of the shareholders In forming a trust
may, under certain circumstances, be lm.
puted to and be considered as the act of
the corporation itself, and that where an
act is ascribed to a corporation it must
be understood to be the act of the persons
associated as a corporation, and, whether
done In the capacity as corporators or as
Individuals, must bo determined by the
nature and tendency of the act.
"In the case just quoted the court found
under the particular facts in the case that
the act of all the stockholders, officers
and directors of the company in signing
the agreement sought to be declared void,
should be Imputed to them as an act done
in their capacity as a corporation, and en
tered judgment ousting tne defendant,
which was found to be a party to the un
lawful combination, from the right to
make the agreement and power to per
form the same.
"The case of People vs. North River
Sugar Refining Company was an actlor
in the nature of quo warranto by the
state against the defendant, a domestic
corporation of the Stat of Ohio, for the
purpose having the court declare its char
ter forfeited because it had entered into
an unlawful trust combination. The court
declared the charter forfeited upon the
particular facts shown, huh Hppl.irrH fh
law to bo as follows:
" "For if it t(he corporation) has done
nothing, if what has happened, and all
that has happened, is ascertained to be
that the stockholders of the defendant,
one or many, sold absolutely to the 11
men who constituted the board, their en
tire stock, and if the latter, by force ot
. their proprietorship as owners, have
merely chosen directors in their own In
terest, and are only managing their prop
erty in their own way, as any absolute
owners may If hat Is the truth, and
the entire and exact truth, it Is difficult
to see wherein the corporation has
The Attorney-General says that the
right of foreign corporations to engage
in business in Washington depends legal
ly upon the laws of this state, the only
exception to this rule being in the case
of a corporation resting its right to en
gage in business in this state upon the
Federal nature of its business. "So far as
the supposed combination affects inter
state commerce," he says, "the state has
no jurisdiction over it, that being sub
ject to exclusive regulation by the Na
tional Legislature." The sections 14. 16
and 22 of the constitution are quoted as
"Section 14. No railroad company or
other common carrier shall combine or
make any contract with the owners of
any vessel that leaves port or makes port
in this state or with any common car
rier by which combination or contract,
the earnings of one doing the carrying are
to be shared by the other not doing the
"Sec. 1C. No railroad corporation shall
consolidate its stock, property or
franchises with any other railroad cor
poration owning a competing line.
"Sec. 22. Monopolies and trusts shall
never be allowed In this state, and no
incorporated company, copartnership or
association of persons In. this state shall
directly or Indirectly combine," etc
The Attorney-General says in reference
to the above that it was against such
combinations having for their purpose
the regulation of transportation of any
product or commodity and combination
creating trusts or monopolies that our
constitutional provisions were aimed.
"Will Represent Washington.
OLYMPIA, Wash.. Dec. 23.-Attorney-Gencral
Stratton will p-obably take part
in the proceedings at the meeting of the
Northwestern Governors and Attorneys
General at Helena December 30, at which
action relative to combating the consoli
dation of the Northern Pacific and Great
Northern Railways will be taken.
Governor Gecr May Xot Go.
SALEM, Or., Dec 22. Governor Geer
has not decided yet whether he will at
tend the conference of Governors at Hel
ena. He thinks he Is unable to leave, but
may decide later to go. Oregon having
not laws regarding trusts, his presence
would probably not avail much. He has
not yet been notified by Governor "Van
DOUGLAS APPOINTS ASSISTANTS.
Tvro Lending Lawyers to Help Him
Asralnst Railroad Combine.
ST. PAUL, Dec 23. Attorney-General
Douglas today announced the appoint
ment of M. D. Munn. of St. Paul, and
George P. Wilson, of Minneapolis, as his
associates in the legal fight the state "will
make against the consolidation of the
Great Northern and Northern Pacific
roads. Mr. Munn is one of the leading
members of the Ramsey County bar. Mr.
Wilson was formerly Attorney-General of
the state, and is now a member of the
State Senate. He helped frame the con
stitution of the state, and Is one of tho
oldest practicing attorneys in Minnesota.
Both of Mr. Dauglas associates are ex
perts In constitutional and corporation
Governor "Van Sant has received replies
from the Governors of Montana and North
Dakota to his suggestion that a confer
ence of Governors of slates Interested in
fighting the Northwestern railway merger
to be held at Helena, Mont., December "20.
Governor Toole approves and welcomes
the Governors to Montana. Governor
White, of North Dakota, promises to at
tend, with Attorney-General Pile, of that
state. Governor Van Sant sent invita
tions to the Governors of North Dakota,
Montana, Idaho. South Dakota, Washing
ton and Oregon, and suggested that in
addition to the Governor the Attorney
General of each state attend. Governor
Van Sant Is desirous of securing the moral
support of all these states In Minnesota's
fight against the merger.
RETIREMEXT OF STOCK LEGAL.
So Rules Supreme Justice Scott In
Xorthern Pnciflc Cnse.
NEW YORK, Dec 23. Justice Scott, in
the Supreme Court today, dissolved the
injunction obtained by Wolff Bros, and
others restraining the Northern Pacific
Railway from retiring the preferred stock
of $75,000,000 on January 27. Justice Scott
says the company had the positive right,
at its option, to retire tho preferred stock
at par, and that its directors were author
ized to exercise that option on behalf of
the corporation. He added:
"The plaintiffs have no concern with
what- may be done with the stock of the
company after the preferred shares have
been retired, or, in consequence of such
retirement, nor are they in a position to
question the manner in "which the com
pany proposes to raise the money to retire
their shares, so long as they are assured
of the par value thereof. ' Even if the de
fendant's right to retire tho preferred
stock was less clear than I deem it to be,
I -would still hesitate to permit the tempo
rary injunction to stand. The plaintiffs,
though holding preferred stock to a con
siderable amount, really hold but a small
percentage of this class of stock, and. of
course, a much smaller percontag'e of the
total capital stock of the company.
"The claim is that ther are entitled to
an opportunity to subscribe for the con
vertible certificates representing common
stock to be issued In place of the preferred
stock. Upon what that claim Is based
is not made very apparent, but, assuming
that It Is well founded, no reason is sug
gested why they cannot be fully and
amply compensated in an action for dam
ages for the denial of their assumed
RAILWAY EARNINGS LAST YEAR.
Increase of 3Iore Than $110,QOO,000
Over Previous Year.
WASHINGTON, Dec. 23. The prelimi
nary report of the Interstate Commission
on the income accounts of the railways in
the United States for the year ended June
SO, IDOL shows returns of railway com
panies operating 192,193 miles of line. The
passenger earnings of these railways were
S32G,903,210. and the freight earnings 5M14,
740,770. The total gross earnings were
$1,578,164,205, or 58211 per mile of line, as
against 51,457,044,614 In 1900. Operating
expenses amounted to $1.023,15G,2S1, or 55223
per mile of line, making net earnings
5555,007,924, or 535.577,215 in excess of the
fiscal year 1900. The amount of dividends
declared during the year was 5121,10B,C37.
or 513,000.000 more than for the same roads
in 1900. The surplus from operations was
577,544.733. The complete report for the
preceding year showed a surplus of 5S7.
C57.933. The preliminary report is con
fined to returns of operating roads. Tho
dividends paid by the operating and leased
linos annually include about 530.000,000 paid
on the part of leased lines.
ADVANCEMENT FOR BLABON. '
To Successd Darius Miller, "Who Gom
to the Burliiiffton.
MINNEAPOLIS. Dec 23. J. W. Blabon.
Western traffic manager of the Great
Northern, will succeed Darius Miller as
traffic manager of the system, the latter
having been named for a similar position
on the Burlington. Mr. Blabon Is tho
oldest man In point of service on the
Great Northern. He hns been Western
traffic manager of the Great Northern for
the past two years and a half. It is said
that his successor will probably be an
31., K. & T. TO SPEND $10,000,000.
To Bnild 250 Miles In Oklahoma nnd
GUTHRIE. O. T.. Dec. 23. The Missouri,
Kansas & Texas Railroad Company filed
a charter here today to build three exten
sions In Oklahoma and Indian Territory.
The main line is to run from Guthrie to
Stevens, I. T., length 133 miles; a branch
line from Oklahoma City to this main
line, length 33 miles, and a branch from
this main line to the Missouri. Kansas &
Texas at Wybark, I. T., length 80 miles.
The entire cost of the extensions will be
510.000.000, and the principal places of busi
ness at Guthrie, St. Louis and New York.
BIr Bridge for Wabash.
PITTSBURG, Dec. 23. The American
Bridge Company lite secured the contract
for the steel superstructure of the Wa
bash Railroad's big cantilever bridge over
the Ohio River at Mingo Junction. The
contract is for over $00,000. and the stipu
lation is made that the work be complet
ed before January 1, 1903. The whole cost
of the bridge will be 51,000,000. Only two
bridges of the kind in the world are great
er than this.
Northern Pacific Lost 300 Feet Trade
TACOMA, Wash.. Dec 23. Three hun
dred feet of track on the Northern Pacific
washed out last night between Weston
and Lester, 14 miles west of Stampede
Tunnel, delaying trains 24 hours. A gorge
in Green River caused it to change its
channel and sweep away the railroad
Robbed in Chinatown.
SAN FRANCISCO, Dec 23. Victor
Mitchell, who arrived from Seattle last
Thursday, reported to the police today
that he was held up by two men some
where in Chinatown Sunday night about 'J
o'clock, and robbed of 505 and a gold
A WOMAN COWED THEM
FOILED ESCAPE OF PRISONERS AT
Sheriff "Wan Overpowered, "When His
"Wife Overawed Them "With
WALLA WALLA, Wash., Dec 23. Mrs.
Susan Kees, wife of Sheriff Kees. pre
vented a Jallbreak at the County Jail last
night. The prisoners attacked the Sher
iff and almost overpowered him. He was
unarmed, and was giving way to their as
saults, when Mrs. Kees thrust a revolver
through the grating of the corridor and
cowed the men back to their cells.
The outbreak occurred Just as Jailer Ma
lone was locking the men In their cells,
and had been carefully planned. Jack
Anderson, serving 60 days for shooting a
AN OREGON PIONEER OF 1850.
The Late Mrs. Marietta Hiles-Skalfe.
calf, led the mob. Perry West, a bigamist;
John Dabney, a perjurer, and Neal Mc
Kean, shoplifter, made the foremost rush.
Mrs. Kees showed superb coolness
throughout the ordeal, and when the men
were locked up, returned to hor house
hold duties as though nothing unusual
This evening Judge Brents and Levi An
keny presented Mrs. Kees with a hand
some silver pitcher, cup and stand and a
solid silver salad spoon as testimonials of
appreciation of her service.
XO LAXD-LEASIXG FOR THEM.
Yalclma. Farmers Resolve Against
Measures Xow Before Congress.
NORTH YAKIMA, Wash.. Dec. 23. A
large and enthusiastic meeting of the
farmers of the Yakima Valley was held
Saturday afternoon in the County Court
house to make formal protest to Con
gress against tho lease or sale of Govern
ment lands. The petition embodying the
sentiment of the meeting will be circu
lated throughout the county.
Those interested in the movement say
that it is devoid of any political signifi
cance. President Roosevelt's reference In
bis message to irrigation In the West was
tacitly approved by the meeting. The me
morial to Congress is as follows:
Whereas, There Is now pending legislation re
garding the sale Rnd lease for grazing purposes
of the undisposed -of public lands, and, where
as, we believe that the sale or lease of these
lands would destroy the fundamental purpose
of our Government, to foster settlement, de
velopment and Improvement ot the same, and
we further believe that such sale or lease
would be in the Interest of the few, fostering
their Industry, and crippling the homtseeker;
and, whereas, under each of the pending bills
before your honorable body only those few
spots adjacent to streams or containing moun
tain springs would be purchased and Inclosed,
thus making those purchasers masters of all
the rest of the public domain, and we further
believe that, while the purchaser or lessee of
such favored spots would be greatly benefited,
whole communities would suffer eternal drouth;
Therefore, "We, the undersigned, humble peti
tioners and citizens, without regard to party,
ask of you that each of those bills now pend
ing before your honorable body be defeated.
And your petitioners, having drawn lessons
and opinions from the regulations of National
parks and reservations, with no less than 100
restrictions Imposed upon them, believe that,
for the good of the commonwealth and the
preservation of the ranges, rorne of there re
strictions could be made to apply to tho whole
of the unoccupied and unclaimed public do
main. The sad havoc to the well-grassed lands,
caused by negligence, such as herding or driv
ing across the lands In the Spring when the
ground Is muddy, and, too, the excessive graz
ing In seedtime of our native grasses, prevent
a reseedlng of the same. Further, we desire to
ark that Immediate steps be taken still further
to guard the watersheds from harm, and sug
gest that the forest reserves be materially en
larged. We would further recommend that no stock
be herded or driven during the months of De
cember. January, February or March on any of
the public lands.
LARGE OUTPUT OF PRUNES.
Clnrk County Yielded About 250
Carloads In the Past Season.
VANCOUVER, Wash., Dec. 23. The big
prune-packing establishment erected and
operated here this year by the Porter
Bros. Company, of San Francisco, closed
Its plant for the season last Saturday.
The plant commenced operations about
September 20 and was In operation three
months. The output was 90 carloads of
The packing-house and machinery cost
upwards of 510,000, and furnished employ
ment for about SO people. The fruit
packing establishment of the Kelly, Clark
Company, which is also a new plant,
erected this year at a cost of about 5SO00,
has orders on hand sufficient to keep it
running for several days longer. This
plant has graded, packed and shipped f3
carloads of prunes. It employs about CO
people. About 100 carloads of prunes, it
Is estimated, have been purchased and
shipped by other parlies than the two
packing-houses named, making the total
output of dried prunes from Clark Coun
ty this season about 230 carloads. The
price paid ranged from 4 cents per pound
at the beginning of tne season down to
Adjutant-General of California, "Who
Is at Washington.
WASHINGTON, Dec. 23. General Will
iam H. Seamans. Adjutant-General of the
State of California, is dangerously III
here, the result of an attack of Inflam
matory rheumatism, which has left his
heart In a very weakened state He came
to Washington nearly two weeks ago on
business connected with the California
National Guard and Naval Militia, and
was prostrated the day after his arrival.
ASSETS TO BE SOLD.
Creditors of Insolvent Bank "Will
Thereby Get All Their Money.
TACOMA, Dec 23. In the Superior
Court today the receiver of the Metropol
itan Bank was directed to accept the offer
of Charles McNamee to take the assets
and property of the bank and pay the de
positors and creditors in full. The re-
celver reported liabilities approximating
5330,000; assets and property, face value,
5171,287. A certified check for 5400.000 on
the London & San Francisco Bank was
submitted In connection with McNamee's
proposition, and on filing his bond for 5200.
000 the receiver was directed to execute a
deed of assignment of the property. Mc
Namee Is a representative of the Vander
bllts, whose relatives were at the head of
the bank. Payment of claims is to begin
not later than January 2 next.
ROGERS IS IMPROVED.
The Governor Is Suffering: From Only
a Mild Attack of Pneumonia.
OLYMPIA, Dec 23. Governor Rogers,
who has been ill at his home In this city
since Friday night. Is suffering from pneu
monia. His physician says the malady
Is a mild form. While the complaint is
unmistakably pneumonia and there Is said
to be no immediate danger, it Is one that
Is dangerous In a person of Governor Rog
ers' age. For this reason the Governor's
friends are naturally apprehensive. The
fact that the Governor's family has
called in the services of Dr. Miller, of
SALEM, Dec 23. Mrs. Marietta
Hllea-SUalfo. who dUd at Salem.
Or.. December 12. 10O1. was bora In
Louisiana, Mo., In 1SC2. In 1S40 ohe
was married to John Skalfe. and re
moved to Dubuque. la. In 1S50 Mr.
anfi Mrs. Skalfe started across the
plains to Oregon, arriving here In
the late Fall of the tame year. Their
first child. Jasper, was born while
the emigrant rain was near Mount
Hoed, on the Barlow road. The
family spent two years In Oregon
City, and then removed to a term
near Fairfield, Marlon County,
where they epent the remainder of
their days. Mr. Skaife died is 1832.
ased 70 years. Mrs. Skalfe contin
ued to live on the old homestead
until a few weeks before her death,
when she came to Saicm to reside
with her eldest on.
Mrs."8kaIfo was a Hfe-lonc mem
ber of the Cumberland Presbyterian
Church, and was a willing worker
in religious matters in her neighbor
hood, regardless of denomination.
She left four children Jasper
Skalfe, of Salem; Mary F. Phillip.
Zena; and Maggie Marthaler and
Laura Broyles, ot Fairfield. Mrs.
Eugene Brtyman. of Salem. Is a sis
ter of Mr. Skalfe.
Seattle, as consulting physician, has led.
to considerable anxiety on the part of the
friends of the executive. Governor Rog
ers passed a good night, his physician
says, and the doctor gives the impression
that his patient will quickly recover. Gov
ernor Rogers was 63 years of age last
July. He Is a man of vigorous physique
and Is well fitted to stand a siege of ill
ness. Settlement of an Estate.
VANCOUVER, Wash., Dec 23. An or
der of final settlement In the estate of
James Abraham, deceased. In Clark
County, was granted by the Superior
Court last Saturday on the application
of Jame3 P. Stapleton, administrator of
the estate In this county. All money In
the hands of the administrator was or
dered to be paid to the account of the
Centenary Church, of Portland. The
amount on hand reported by the admin
istrator was 5970.
Rushing to Xcw Gold Field.
EVERETT. Wash., Dec 23. The nlncer
gold strike near Oso, Snohomish County,
has caused a rush for the new field. A
nugget weighing one ounce has been
found. Many nuggets are said to be as
large as peas.
State Convention of Teachers.
EVERETT, Wash., Dec 23. Professor R.
E. Friars, chairman of the executive com
mittee of the State Teachers' Association,
which will meet here December 26, 27 and
28, expects 1000 delegates to attend.
"Will Be Burled Today.
EVERETT, "Wash., Dec 23. William
Nichols, chief clerk of the Secretary of
State, Sam Nichols, will be burled here
Tuesday at 11 o'clock.
Oregon Mining; Stock Exchange.
Adams Mountain 2 -t
Astoria-Melbourne (guaranteed) ..22c no
: Bronze Monarch 12j 15
i Buffalo 2 SY-
Copperopolls 17 ...7
Champion 25 CO
Caribou 2 2Ti
Gold Hill & Bohemia , UTi 13
Huronlan 5 7
' Lost Horse 2U 4
Oregon-Colorado M. M. & D 2i(, 2514
i Riverside 2 sg
ijuiupier v-unaunaaiea ... 3
2000 Oregon-Colorado 23
SPOKANE. Dec 23. The closing
Bid. Ask. I
.. 3 3
.. 8Vi 10
..14H 17 '
- 3 4
J of mining stocks today were:
I Deer Trail
C PrIn. Maud .
7 IRamb. Car .
2 J Reservation
5! Sullivan ....
4 JTom Thumb
20 (Trade Dollar
2S. C. Mam..
atiiValley Coal .
Gold Ledge .. 1
Lu P. Surp... 55
L. Dreyfus .. 3
Mtn. Lion ...25
Morn. Glory.. 1
SAN FRANCISCO. Dec 23. Official closing
quotations of mining stocks today were:
Andes 30 OlIMcxIcan $0 30
13iOccIdentaI Con ... 3
Bet & Belcher...
Challenge Con ...
Con. Cal. & Va..,
Crown Point ...,
Gould A: Curry..
Hale &. Ncrcross
3Slerra Nevada ... 17
50,SIlver Hill 3.1
55, Standard 3" 4U
2j Union Con It
4Utah Con 6
13. Yellow Jacket .... 0
NEW YORK. Dec 23. Mining stocks today
closed zs follows:
Adams Con ?0 20 Little Chief ?0 12
Alice 45! Ontario 8 to
Breece 75iOphlr ttt
Brunswick Con .. ISIPhoenlx 5
Comstock Tunnel. SlPotosl 2
Con. Cal. & Va... 1 2o Savage 3
Deadwocd Terra.. 50j Sierra Nevada ... 10
Horn Silver .... 1 80 Small Hopes 40
Iron Silver ....... WjStandard 3 40
Leadville Con ... 5
BOSTON, Dec 23. Closing quotations:
Adventure ....5 10 00. Osceola 5 74 00
2 50Qulncy 130 00
. &J OJ Santa Fe Cop... 2 50
31 OUjT&marack 25u 00
24 OylTrlmountaln ... 23 00
500 uO.Trlntty 12 75
105 001 United States .. 13 50
. 45 75iUtah 10 50
Cal. & Hecla.
Centennial . .
Franklin 11 03 Victoria 4 OO
Isle Royale ... 18 75WInona 1 50
Mohawk 25 50 Wolverines .... 45 50
Old Dominion... 21 25
Celebrated Minlnf? Case Decided.
BUTTE, Mont., Dec. 23. A Helena spe
cial to the Inter-Mountain says the Su
preme Court today decided the celebrated
Comanche mine suit In favor of the
Boston & Montana, virtually the Amal
gamated Company. The case was taken
up on appeal from the District Court's
decision, giving Adolph Wetsteln a one
fourth Interest in the property as a result
of an alleged oversight In transferring the
title to that interest many years ago.
The Commanche mine Is one of the rich
est of all the Amalgamated Company's
mines. It has been closed several months
as a result of the lower court's decision,
throwing 1000 men out of employment.
B. B. RICH FOR PIPES.
At any B. B. Rich cigar store
IHREE DECISIONS GIVEN
SUPREME COURT MODIFIES LOWER
OPINION IN WHARFAGE SUIT.
Mrs. Montgomery Win Her Case
Asralnst G. W. Shaver et AI.
One Opinion Reversed.
SALEM, Or., Dec. 23. The Supremo
Court today handed down decisions In
three appealed cases, one of which "was
a motion to retax costs.
Mary P. Montgomery, executrix, re
spondent, vs. George W. Shaver, et al.,
appellants, from Multnomah County. Al
fred F. Scars, Jr.. Judge; modified. Opin
ion by Justice Wolverton.
This was a suit brought to enjoin de
fendants from constructing a wharf in
front of land owned by plaintiff on space
over which she claimed wharfage rights.
Plaintiff and defendants owned adjoining
tracts of land on the water front, and
the question at Issue was as to the man
ner In which lines 3hou!d be extended
to the channel of tho stream. The opin
ion of the court says:
"The plaintiff claims that by reason of
her ownership of the uplands she is en
titled to the right or privilege of construct
ing a wharf In front thereof, and that as
between her and the defendants, their
respective rights must be determined by a
line commencing on the bank of the river
at ordinary high-water mark at the point
whero the dividing line of plaintiff's and
defendants' upland Intersect tho same, and
extending thence to the thread of the
stream at right angles therewith.
"The right to build a wharf out to the
navigable water of a Etream is given by
statute to any owner of land within the
corporate limits of any town or city bor
dering thereon. (Hill s Annotated Laws,
section 4227.) It must be conceded that
wharfage privileges are valueless unices
they extend to navigable water or the
ship's channel. It olten happens that the
contour of a stream Is such that if the
dividing line of upland owners bordering
on the margin or line of high-water mark
Is extended by right Hnc3, the owner oa
one aide thereof will be deprived of ac
cess to the ship's channel, so that in order
to accord to each shore owner a ratable
and equitable proportion of the navigable
stream, the rule has been firmly estab
lished as being the mo5t apt and appro
priate for the purpose, that the bounds
are to be governed by lines drawn at right
angles from the thread of the stream to
the shore termini.
"The fact that the proper authorities
have established a wharf line In front
does not alter the case; the thread of
the stream Is the unalterable base from
which Hne3 drawn at right angles to the
shore termini will determine the area sub
ject to the exercise of the wharflng privi
lege. "It is suggested that the shore owner
of uplands takes to low water instead of
ordinary high-water mark, but the rule
to the contrary has been 30 firmly estab
lished In this jurisdiction that It is un
necessary to treat the question further
than to cite the cases In which it was in
volved." It is also;held that sections 4227 and 4223
of the code do not authorize the building
of wharves upon any space except as per
mitted In the rule seated above. The
opinion approves the fixing of the boun
dary line at high-water mark, as deter
mined by the lower court, and holds that
the statute of limitations, as concerns ad
verse possession, began running In 1SS1
and had precluded plaintiff from proceed
ing as to such property as was not In
cluded In his first complaint, filed In 1SS3.
The amended complaint was filed In 1S93.
at which time the action was deemed
to commence as to tho territory latterly
brought Into the controversy.
It Is further held that adverse possession
of the water front for wharfage purposes
carries with it adverse possession to deep
water in the ship's channel. As trie lower
court limited the bar of the statute to
the space actually covered, the decree of
the lower court is modified in this re
spect. As to remaining space, occupied
only by a few piling to which boats were
occasionally tied, It Is held that this use
doe not constitute adverse possession.
The decree of the Supreme Court Is that
the defendants be enjoined from the use
of any part of the disputed territory lying
north of a line commencing where the
north line of this wharf, as now con
structed, if extended, intersects the north
line of the Irving claim, and running
thence westerly to the northwest corner
of said wharf, and thence westerly to the
thread of the stream at right angles there
with. Plaintiff Is awarded costs In the Cir
cuit Court and defendants costs In the Su
Van B. Sears, executor of Isaac Ball
estate, appellant, vs. J. M. Davis, Vir
onlcy Davis and Francis Davis, respond
ents, from Polk County, R. P. Boise,
Judge; reversed. Opinion by Chief Justice
This was a suit to set aside a convey
ance from J. M. Davie to his wire, and
to subject the property to the Hen of
plaintiff's judgment. The complaint al
leges that the conveyance was made for
the purpose of defrauding creditors. The
answer denies the fraud charged and
avrs that in 1S56 Davis bought the prop
erty for his wife, with her money, but by
mistake the deed was made in his name
and he neglected to convey it to her until
1S93. The decree was In favor of the de
fendants, and the plaintiff appealed to
the Supreme Court.
The opinion of the Supreme Court says
that the testimony Is cot In substantial
conflict. The money was furnished by
Mrs. Davis, but she permitted the land
to stand in her husband's name for 23
years. The plaintiff loaned Davis money
upon the belief that he owned the land,
and Just before a suit was about to be
brought, the transfer was made. The opin
"Under our statute the property and
pecuniary interests of a married woman
are not subject to the debts and contracts
of her husband. But when she voluntar
ily permits her husband to retain the ap
parent title to her property and to deal
with It as his own for 23 years, she Is
estopped from afterward asserting her
claim as ngainst creditors of the hus
band who have dealt with him upon the
faith of his apparent ownership."
Thomas J. Hammer, respondent, vs. F.
I. Downing, e al., appellants, on motion
to retax costs; costs relaxed. Opinion by
It Is held that -where a party files an
affidavit to controvert objections to a cost
bill he thereby waives the right ta ins'st
that the objections were not filed In time.
In this case the court reduces the de
fendants' cost bill $3S9 90 on account of
overcharges, and $13 0 on account of mat
ter needlessly Included In the abstract.
Other Court Orders.
Minor orders were made In the Supreme
Court today as follows:
George H. Small, respondent, vs. Elmer
D. Lutz. appellant; hearing of the pend
ing motion to dismiss postponed to Jan
uary G. and respondent allowed 15 days
after the decision thereon to file his brief.
Hiram Stone, appellant, vs. W. M. Ladd,
respondent; set for hearing January 7, at
B. N. Carrier permanently admitted to
practice as an attorney, on motion of W.
G. Drowley, an attorney of this court.
SHOWING OFF THEIR. POULTRY.
Farmers Have 3Inny Fine Birds, and
Are Proud of Them.
M'MINNVILLE, Or.. Dec. 23. The first
annual fair of the Western Oregon Poul
try and Pet Stock Association was opened
at McMInnvIlle this morning. The exhibit
will last three days. Today 200 blrd3 were
entered, many of which had secured the
blue ribbon In previous exhibits. Almost
every breed of chicken was represented
by at least one coop, and there were a
large number of entries of some breeds
of large chickens raised mostly by farm
ers. A noteworthy feature of the exhibit is
" BY THE AUTHOR OF "THE CONSPIRATORS"
A Story of Love and Adventure
: ' v Based on the Most Vital
. Incident in American
. Illustrated, $1.50
j Oregon Poultry
Retail Market and Commission House
vAvp FRESH FANCY DRY PICKED, furnished direct from the
ranch each 'day. And remember, our FRESH RANCH EGGS.
Others cannot get them. Fancy, live and dressed Poultry and
Gime specialty. STRICTLY FRESH Eggs, Butter, Cream, all
kinds of Dairy Products, Fresh Vegetables, and Foreign and Domes
tic Fruits and Berries. Lard, Hams and Bacon. Poultry Supplies,
NOTICE: You DON'T WANT cold-storage lurkeys, so be
sure and order where all poultry is furnished fresh each day.
Phone Main 916. 124 FIFTH STREET.
. . . iri hv rountrv oeople.
i the interest nwn""-u , -.- i ,
PSome of the hest chickens In the fair
come from the iarmcrs, u .."-
Sy yards. A number of ch d. mm from
neighboring counties are In the exhibit
noteworthf among them being several
coops of blue-blooded birds from the yard
of J. H. Garrison, of Forest Grove. The
chickens are entered rapidly. They will
be judged by W. W. Browning, of Den
ver, Colo. , .....
The prize-winners in the local exhibit
will be entered In the state exhibit.
THIEVES AltE STILL BUSY.
Three Snlcm Ilonnes llolbed. nnd No
body Knows Whose Will Be Xext.
SALBM. Or., Dec. 23. Three houses In
East Salem were robbed last evening while
the owners were down town. John Bro
phy's house was entered and a stickpin
of a few cents' value was taken. The
home of Henry Wenderoth was ransacked
and Jewelry and trinkets of the value of
about $100 were taken. From another house
near by. articles of small value were
taken. It Is supposed that local thieves
did the work.
CHARGED WITH MURDER.
Alfred II. Hnrt, Who Killed a Jap
anese Section Hand.
ROSEBURG, Or.. Dec. 23. The Coro
ner's jury which Investigated tho shooting
of the Japanese section hand at "Wilbur
returned a verdict late this afternoon.
Alfred II. Hart Is charged with murder
and with having purposely and maliciously
shot the man.
31111s Will Resume AVorl.
ASTORIA, Dec. 23. The Columbia Mills,
at Knappton, which have been closed
down for several weeks for the purpose of
having some new aiachinery installed,
started up again todey.
IVotcs of Astoria.
Bartholomew Burke, of Seaside, has
been arrested on a charge of insanity and
taken to Salem on a recommitment to
the Insane asylum. He was committed to
the asylum on June 23, 1S91. and dis
charged on parole about two yearx ago.
The city schools will close tomorrow
afternoon for the holldaj-s and will not
reopen until January 6.
General Randall, U. S. A., In command
of the Department of the Columbia. I'.n
Ishcd his Inspection of the forts at the
mouth of the river today and returned
to his headquarters at Vancouver this
SALBM, Or., Dec. 23. Salem merchants
report the heaviest holiday trade In many
years. Patrons of Salem business houses
come from all the small towns In the
county and from Eastern Park County.
During the greater part of last week the
streets were lined with Christmas shop
pers, and today and tomorrow will see
an increase in holiday trade.
The State Land Board today approved
18 applications for loans aggregating $26.
S50. and rejected one application for $360.
Enos HIatt. aged 74, of Canyon City, and
Henry Shorter, aged 43, of Pendleton, were
received at the Asylum tcday.
Prominent Newspaper Man Dead.
COLORADO SPRINGS. Colo., Dec. 23.
Casslus M. Coe, a well-known newspa
per man of tho Pacific Coast, died In this
city today of tuberculosis.
He founded the Summit County Times
and the Robinson Tribune In this state.
Later he engaged In newspaper work In
Hundreds of millions of tins
of Royal Baking Powder have
been used in making biscuit,
cake and hot breads, and every
spoonful of every tin has turned
out even, perfect work, always
making the bread, cake and
biscuit light, delicious and
Was there ever another
such record for any article of
food in the world?
ROYAL BAKING POWDER CO.. 100 WILLIAM ST.NEWYORK. "
HARPER & BROTHERS
RECEIVED AT THE
and Supply Co.'s I
Tacoma. Seattle and San FrAnc:.co. Ho
was president of the San Francico Press
Club in 1S33-07. In 1S0O he foun.1d tin
Nome Gold Digger, of Cape Nome, and
was proprietor of that paper at the time
of his death. He came here a short
time ago for his health.
Xo Decision In Xoyes Cnxe.
SAN FRANCISCO. Dec. 23. The Circuit
Court of Appeal met today, with Judge
Morrow and DeHaven on the bench, but
an adjournment was taken until the first
Monday In Jaruary. No decision was ren
dered In the Nome contempt cases.
The application of Attorney Kenry on
behalf of Judse Noyes, to tile affidavits
by H. L. Blake and S. R. Calvin, was
t denied. The court held that the cae was
closed so far as the reception of evidence
ASTORIA, Dec. 23. Charles Layzell.- a
young man of this city, died very sud
denly last evening. While falling In a tit
his head struck a wall, causing concussion
of the brain, from which he died in a
few hours. He was 25 years of age, un
married, and leaves a mother, father and
several brothers and sisters. His funeral
will be held tomorrow under the auspices
of the Improved Order of Red Men, of
! which organization he was a member.
ALBANY, Or.t Dec. ?. nhael Cowan, k
an eld resident of Albany, died this mwn- v
lng of Brlghfs disease, at the age or 69
years. He had been a resident of Albany
for about 30 years, and was one of the
first members of the Albany Lodge, A. O.
U. W. He leaves a wife and three children,
Mrs. R. D. Hodges, of Alblna: Mrs. Rob
ert Crosby, of this city, and Mr. Edward
Cowan, of "Wyoming.
Mrs. I'hoclie Day.
ROSEBURG, Or.. Dec. 23. Mrs. Phoebe
Day, a highly-esteemed pioneer of 1852.
died here Saturday night, aged 74 years.
She was a daughter of Sol Fltzhugh, one
of the framers of the constitution of the
State of Oregon. She leaves one son.
Sol Culver, of Camas Valley, several
J grandchildren and two great-grandchild
ren. The body was Interred at Camas
Valley today beside that of her husband.
Died of His Injuries.
CLAT3KANIE. Or., Dee. 23. SI Card,
about 24 years of age. while working wltn
h!s father, George Card, on construction
of the Smith wood flume near Qulncy. was
struck this afternoon by a falling bent,
and so seriously Injured that his death
occurred Inside of an hour. He was a
member of the Modern Woodmen of this
place, and will be hurled by that order.
Sullivan Ajrnlu Asks for Xcw TrlaL
CHICAGO, Dec. 23. Alexander Sullivan,
convicted of conspiracy to keep from the
jurisdiction of Cook County Courts ex
Bailiff James J. Lynch, a self-confessed
jury briber, appeared in Judge Smith's
Court today and filed a new bond for $10.
000. The motion for a new trial made Sat
urday was formally renewed and It Is ex
pected the court will hear the arguments
Immediately after the holidays. Mr. Sulli
van's attorneys have announced their In
tention of carrying the case to the Ap
pellate Court, If the motion Is denied.
Are as small az homoeopathic pellets,
and as easy to take as sugar. Everybody
likes them. Carter's Little Liver Pills.