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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 31, 1901)
THE MORNIXG OBEGONIAN, TUESDAY, DECEMBER 31, 1901. NO ERROR WAS FOUND MRS. JESTER AND MISS BINGHAM WIN IX SUPREME COURT. Sequel of s. Sensational Salt From This County Three O'her Opinions Given SALEM. Or., Dec. 30. The Supreme Court today decided the damage suits of Ada Bingham and Amelia Jester against Lipman. Wolfe & Co.. In favor of the plaintiffs. Miss Bingham and Mrs. Jester brought suits to recover damages against Llpman, Wolfe & Co.. charging them with extorting money by intimidation. Each of the plaintiffs won In the Circuit Court of Multnomah County, Miss Bingham secur ing a verdict for $2000 and Mrs. Jester a verdict of $2500. The lower court Is affirmed, In opinions written by the Chief Justice, the principal opinion being in the Bingham case. The decisions in the Supreme Court today are as follows: Ada Bingham, respondent, vs. Lipman, "Wolfe & Co., appellants, from Multnomah County, Alfred F. Sears, Judge, affirmed; opinion by Chief Justice Bean. The defendant, IJpman Wolfe & Co., is a corporation, engaged In conducting a department store in Portland. The de fendants, Adolph Wolfe, and Isaac N. Lip man, are, respectively, Its vice-president and secretary. They are also Its man aging agents, and, together with Solomon Llpman and Will Llpman, own all the stock of the corporation. For some time prior to March 30, 1899, the plaintiff was employed by the firm as a clerk in one of Its departments. About 5 o'clock in the afternoon of the day named, defend ant called plaintiff into the office and ac cused her of having embezzled and appro priated to her own use a portion of the money received by her on the sale of some articles belonging to the firm, es pecially a corset sold the day before. Ac cording to her testimony, she was com pelled to remain in the store, wltnout loort ir drink or an opportunity of seeing oi consulting her friends, until 11:25 o'clock at night, when, in order to obtain her lib erty, she was compelled to promise to pay to the firm $92 50, the estimated value of the goods alleged to have been stolen jby her. On the next day she called at the store and paid $30 of her own money and $5 which belonged to the firm, but thereafter refused to make any other pay ments, and a few days later brought this action. In her complaint the plaintiff set up all the fad i regarding her detention in the ofilce, the threats to have her ar rested and publicly disgraced, her protes tation of her innocence and her final yielding to the extortion In order to gain her liberty. She asked for $10,000 dam ages. Defendants moved to strike out the com plaint, and portions thereof, for the rea son that two causes of action false im prisonment and extortion were improp erly united. This motion and a demurrer upon the same ground were overruled, and the defendants answered, setting up that the plaintiff did embezzle $92 75 from the firm, which sum she volunteered to repay, and did pay thereof the sum of $30. These allegations were denied In the reply and after a trial the jury brought In a" verdict for plaintiff for TooO. In ai firming the lower court, the Supreme Court says in brief: "It is contended that two causes of ac tion are improperly united In the com plaintone for false imprisonment and the other for conspiracy to extort money. But, in an action for trespass, the plain tiff may charge and prove all the clrcum- stances accompanying the act. and which were a part of the 'res gestae.' In order to show the temper and the extent of the injury, under the rule that a series of unlawful acts, all aimed at a single re sult and contributing to the Injury com plained of, may be averred in the com plaint wltnout violating the rule against duplicity." In the trial of this case Mrs. Jester was called as a witness. Plaintiff offered to show by her that March 21, 1S93, the defendant Wolfe told her that they had agreed with Miss Bingham that she should pay them $92 50, and if she (Mrs. Jester) would pay $100. her offense woufd be kept from the public, but If not, they would 'send her over the road to the full extent of the law,' and at the same time said to her: 'You have got a husband to support you, and you have some property. Out there in the outer ofilce is a woman (re ferring to Miss Bingham); she has no money: she has nothing at all, and still -we made her pay as $30 and she is going to pay us what little she is able to earn from now on." An objection to this testimony was over ruled and the Supreme Court sustains the ruling, saying that It does not appear by the bill of exceptions how the ques tion was answered, or whether it was an swered at all, so the ruling could not be disturbed. But conceding the question to be properly raised in this court, the opin ion says that the testimony was proper, as showing an admission by Wolfe against his interest. If this admission was incompetent as to the other defend ants they fehould have asked an instruc tion to the jury to that effect. The defendants requested the court to charge the jury that "In estimating the damages you cannot award any money by way of punishing defendants." The court, however, charged the jury that they might, if actual malice was shown, in addition to compensatory damages, al low a further sum as punitive or exem plary damages. The Supreme Court up holds this instruction and says the in struction was proper in this case, even though the defendant is a corporation, for agents who performed the wrongful act were officers wielding the whole execu tive power of the corporation. Minor questions are also considered, but no error found, and the judgment of the lower court is affirmed. Amelia Jester, respondent, vs. Lipman, Wolfe & Co., a corporation, and Adolphe Wolfe and Isaac X. Lipman. appellants, from Multnomah County, AKred F. Sears, Judge: affirmed. Opinion by Chief Justice Bean. On March 31. 1829. the plaintiff, who for some time prior to the preceding January had been employed by the defendant cor poration, but was not then in its service, was sent for by its managing officers, and, upon her arrival at the store, was accused of the crime of embezzlement. She persisted in denying the charge. Two police officers were called In and she was taken to the police station. After being confined there several hours she was taken back to the store by the police offi cers, and, as she testified, compelled by the threats and intimidation of the defend ants to deliver to them a gold watch and chain and to promise to pay them $100 for goods alleged to have been stolen by her from the 6tore. although she was Inno cent of the crime and so informed the defendants at the time. The opinion of the Supreme Court says: "The pleadings are substantially the same as In the case of Bingham vs. Llpman. Wolfe & Co.. just decided, except that the complaint alleges that after the plaintiff returned to the store from the police station she was compelled by threats and intimidation to 'admit the taking of certain articles of personal property from the store' of defendants, although such admission was untrue. Most of the questions arising here are the same as in the Bingham case, and wc shall notice only those not common to the two cases. "When the case was called for trial the court allowed the plaintiff, over the ob jection and exception of the defendants, to strike from her complaint the allega tion that she admitted her guilt- This was a matter within the sound discre tion of the trial court, and its rulings will not be disturbed on appeal, as no abuse of discretion is shown. The amendment was made before the trial began, and, if prejudicial to the defendant, was at a time when their rights could, and no doubt would, have been fully protected by a con tinuance, or otherwise, If a proper appli cation had been made to the court for that purpose." It is held that the lower court properly admitted testimony regarding the con versation that took place while she was at the police station, it being shown that the police officers acted for the defend ants. Other questions of minor Import ance are examined, but no error found. Pacific States Savings, Loan & Build ing Company, appellants, vs. J. L. Hill, respondent, from Linn County, R. P. Boise. Judge; affirmed. Opinion by Justice Wolverton. This is another of the numerous cases in which a building and loan company has failed to exact utury from persons bor rowing from it. The plan of the company j is stated at length In the opinion, but. briefly, it is the common scheme of having borrowers bid for loans and paying pre miums and dues which bring the Interest above legal rate. Justice Wolverton says: "The scheme is a vicious one. and for eign to the operations of a legitimate building and loan or savings and loan association, and falls within tho denunciation of this court. The pretended measuro adopted for the bidding THE LATE MRS. BARBARA O'NEILL D'ARCY. of a premium and the regulation for the payment of dues on the stock assigned to the company therefor. Is a subtle method for collecting interest under another name, and constitutes a shift or device for the cover of usury. This renders the transac tion a loan merely, and the payments made, under whatsoever denomination, should go to Its extinguishment along with the interest reserved, under the holding in Western Savings Company vs. Huston. 3S Oregon, 377." The plaintiff undertook to show that the contract was governed by the laws of California, but the opinion of Justice Wol verton says that the stipulation that pay ment should be made in San Francisco was Introduced Into the contract to avoid the usury laws of this state. "A con tract of the kind consummated with such a purpose Is an evasion of our laws, and contrary to the declared policy of the state, and cannot receive tho sanction of this court." Pacific Coast Biscuit Company, appel lant. s. G. A. Duggcr, respondent. George H. Burnett. Judge; reversed. Opinion by Chief Justice Bean. This was an action to recover the value of goods alleged to have been sold to defendant. In March, 1S93, the defendant purchased of her son a cigar and confec tionery business In Independence, some miles distant from her home In Linn County. It was agreed that he should remain In general charge of the store as her agent, with authority to sell the goodJs and replenish the stock as it might be necessary, but he was instructed not to buy on credit. In October, November and December, 1S99, he purchased on credit, of the traveling salesman of plaintiff and its assignors, who had no knowledge of his instructions, the merchandise mentioned In the complaint, which was received in the store and either sold by him In due course of business or by the defendant, a short lime afterward, when the stock was sold in bulk. Upon these facts the single question pre sented for consideration of the Supreme Court was whether the defendant was lia ble for the goods so purchased by her son. It Is held that this question depends upon whether the son Is to be regarded as a general or special agent, "If his agency was special, the defend ant Is not liable; but if general, his prin. clpal is bound, notwithstanding he acted contrary to her Instructions. A general agent is one authorized to transact all his principal's business, or all his busi ness of some particular kind, while a spe cial agent is one authorized to do one or more specific acts In pursuance of partic ular Instruction?, or within restrictions necessarily implied from the act to be done. Within these definitions, the de fendant's son must be regarded as a gen eral agent ... It follows from these views that the Judgment of the lower couit should be reversed." N. B. Knight, respondent, vs. J. W. Hamaker, appellant, from Klamath Coun ty, Henry L. Benson. Judge; affirmed. Opinion by Justice Moore. X. B. Knight, an attorney, brought this proceeding to have J. W. Hamaker re moved as administrator of the estate of W. H. Mills. He won in the County Court and again In the Circuit Court, after wnicn an appeal was taken to the Su preme Court, where he has won a third time. The points of law decided are, In brief, as follows: "A County Court, in determining the sufficiency of a petition for the removal of an administrator, should take judicial notice of its records and prior proceed ings In the administration of the estate. "While the claim of an attorney for services rendered to an administrator is originally against the representative of the estate, when examined, approved and allowed by the County Court it becomes a claim against the estate; but, having been made without notice to the credit ors, and upon an ex parte application therefor, the order making the allowance Is interlocutory, and upon objection thereto, may be subsequently modified or set aside by the court upon the final set tlement of the estate, or, upon Its re fusal to do so, by the Circuit or Supreme Court on appeal. "An attorney who Is retained by an executor In any litigation necessary to the decedent's estate, or whose advice Is requisite to enable such rnrncantti..n properly to discharge his duty has a valid claim against the person by whom he Is employed; but the executor, being an agent of the estate, the attorney has also a valid claim against it for his reason able fees. If the representative was au thorized to employ him, and the contract of employment was valid when made, and the services actually rendered and neces sary to the estate; It. as the principal, is liable to him for the payment of such fees, regardless of whether the executor as Its agent performs his duty." Various questions of pleading arose, but no error Is found. The following minor order was made: William Hicinbothen, respondent, vs. In terstate Savings & Loan Association, ap pelant; ordered that respondent's time to file brief be extended to February 10, 1902. A Store Robbed. SILVERTON, Or., Dec 20. The store of Hicks & Ames, hardware merchants, of this city, was robbed last night. En trance was effected by boring out the lower panel of the back door. The only thing missing Is a, revoh'er and one box of cartridges and about 50 cents In cop pers. It is supposed to have been the work of a boy. MURDER IS THE CHARGE SCHEVIE MUST STAND TRIAL FOR TRAGEDY NEAR ST. HELENS. The Accused Is of Polish Parentage Ills Mojthcr Recently Sent to Insane Asylum. ST. HELENS, Dec. CO. August Schevle was charged with'the murder of Joseph Schulkowskle by tho Coroner's jury this morning. Preliminary examination of the accused before the Justice of the Peace Immediately followed, but no new facts were elicited. At the inquest the two bullets extracted from the body of Joseph Schulkowskle were offered In evidence. A Winchester rifle, the property of August Schevle, was also exhibited. Adolph Schevle testified to the fact that the gun belonged to his SALEM, Dec. SO. Mrs. Barbara O'Neill D'Arcy. who died in this city Christmas morning, was bom In County Krry. Ireland, In 123. She came to America while yet yountr, and was married to Feter D'Arcy in 1S53. Her husband died In 1805. The family came across the plains to San Francisco In 1855, to Portland in 1S57. and to Salem In 1S5H. Mrs. D'Arcy was a devout Catholic, and was an earnest work er In the affairs of that church In this city before there was a church organization. At the time of her death she was the oldest member of St. Joseph's Catholic Church. She left four children Peter H. D'Arcy. ex-Mayor of Salem, and a practicing attorney; W. J. D'Arcy, a Salem attorney; Maria F. D'Arcy, Tor a number of years a prominent teach er In the Salsm public schools, and Teresa E. D'Arcy. The remains were interred at rest In the Catholic cem etery here this morning, with the usual funeral rites of the church. -- brother, August, and that they had the gun out shooting at a mark the next clay after the murder was committed: that when Schulkowskle left the Schevle home he carried a small gold-filled watch, with open face, with a shoestring at tached to it; that he usually carried a soft belt containing his check of deposit and greenbacks strapped around his body underneath his clothing. Tho check of deposit found on the trail where the body waft dragged through the brush was Identified by the witness as the one carried in the belt. In search ing the prisoner the District Attorney found a small piece of shoestring like that attached to Schulkowskle's watch. The tragedy took place several miles from here on an unfrequented road. It has been a very difficult task to get all the evidence. The hat worn by Schulkowskle cannot be found, and Is supposed to have been carried away by the slayer. August Schevle, the accused, is of Polish parents. His mother was sent to the In sane Asylum several months ago, and It has been suggested that the sister, as well as August Schevle, may be affected with insanity. However, from his general appearance and actions one would hardly take August Schevie to be .of a homicidal nature. The Coroner's jury" found as fol lows: "That the name of the deceased is Joseph Schulkowskle, aged 27 years, a native of Prussia; that deceased came to his death in Columbia County, Oregon, on or about the 27th day of December, 1901, by means of two gunshot wounds; that the bullet which penetrated his head lodged under the skin, and that the bullet which penetrated the left side was found un derneath the skin on the right side; that deceased was murdered on the 'Bunker Hill road about seven or eight miles from St. Helens, Or., and that all the evidence In the matter shows that one August Schevle fired the shots which caused the death of Joseph Schulkowskle, and we therefore charge the said August Schevle to be guilty of murder of the deceased. GUILTY OF MURDER. Homer Bird ABaln Sentenced at SltUs. to Be Hunted, PORT TOWNSEND. Wash., Dec. 30. For the second time a verdict of murder in the first degree has been brousht against Homer Bird. The last trial com menced December 19. and on Christmas the jury returned the verdict. The crime for which Bird was found guilty was the most atrocious in the criminal annals of Alaska. When the Klondike gold excite ment broke out. Bird deserted his wife In New Orleans, and. In company with an other woman and two men, started for the gold fields by way of St. Michael. Thence they started up the Yukon in a small boat. "While-on the way Bird be came jealous of his partners, and while they were In camp and partaking of a meal, he shot both. The bodies were taken a short distance from the river, where they were found by prospectors. The crime was traced to Bird, who, in company with the woman, was arrested and taken to Sitka, where over a year ago he was found guilty and sen tenced to be hanged. He appealed to his wfe for assistance, and she went to SHka, spending a small fortune to save tnc life of her husband. She returned East, and through her efforts a new trial was granted, with the result as above stated. When the jury returned the verdict. Mrs. Bird swooned away, and refused food, ana Is in a precarious condition. The date of Bird's execution had 'not been set by the court when the Cottago City sailed. HE WILL DIE IN PRISON. Penalty for Murder of the Judge Who Sent Him to Asylum. SPOKANE, Wash., Dec. 30. For the murder of Probate Judge J. C Brady, Henry IL Wllmbusse has been sentenced to pass the remainder of hl3 life in the Idaho state penitentiary. Sentence was passed this morning by Judge Mayhew at Rathdrum, after a long speech by Wllmbusse, In which he declared he had been persecuted by people who wanteu to take away his property. Wllmbusse was committed to the insane asylum by Judge Brady four years ago. Regaining his liberty, he murdered the Judge In his office at Rathdrum on July 5 last. Affirmed by Supreme Court. OLYMPIA, Wash., .Dec. CO. Wong Quong, who was convicted of grand lar ceny at Walla Walla some time ago, for taking a diamond from a ring belonging to Mrs. O'Nell, has. been denied a new trial by the Supreme Court, and he must serve his sentence In the penitentiary. In this case both the state and the defendant were appellants. Judgment has been affirmed in the case of Chailes H. Dodd, appellant, vs. Wiil-lam-Smithson Company, an action' to re cover certain personal property. The case was appealed from the Superior Court of Kittitas County. Escaped From Penitentiary. BOISE, Idaho, Dec. 30. An unusual escane occurred at tho niniiontinn oii.. i this morning. Samuel O. Bruner, a trusty, ij me missing prisoner. He was fireman In the electric light house, and was on the night shift. The haute Is outside the walls. Some time about 2 o'clock In. the morning he went tC thC Stable, saddled n nrlsnn hnrco an A fled. He had been left in charge of the Why. Syrupy I the-fees$ ramiSy I It is pure. It is gentle. It is pleasant. It is efficacious. It is not expensive. It is good for children. It is excellent for ladies. It is convenient for business men. It is perfectly safe under all circumstances. It is used by millions of families the world over. It stands highest, as a laxative, with physicians. If you use it you have the best laxative the world Si! :iM produces. wmm KMiuaa plant, and his escape was not noticed until the steam ran down and the lights went out shortly after 3 o'clock. He was seen about a mile southeast of town rid ing rdpldly, but beyond that there is no trace of him. He was serving a term for driving off 1500 head of sheep belonging to Robert Noble, In Owyhee County. He shipped the stock East, but was overtaken at Green River, Wyo. He had one year more to serve. Depredations "With Dynamite. SEATTLE, Dec 30. Dynamftcrs blew up a house at Berlin, a small village near Skykomish, lasf Sunday afternoon, and Incidentally created an excitement which is still at fever heaL Sheriff Cudihee re ceived a dispatch from N. Clnmbach, a resident of Berlin, Sunday night, asking that a detective be sent there Immediate ly, as a house had been blown up by dynamite. No details accompanied the message. Died of a. Blow. ASTORIA. Dec. CO. At 'Pelton & Arm strong's logging camp, near Cathlamet, Pat Smith was struck on the head with a trip line last Saturday and died within a few hours. The man knew the danger he was in, but from frequent associa tion with the working of the line became careless and did not watch IL The blow rendered him unconscious, and while be ing taken to the wharf to be sent to a hospital ho expired. He left a wife and several children. AGAIN AT OUTS. Mnrlon County Court and Sheriff In n New Dispute. SALEM. Or., Dec. 20. The Marion County Court has again crossed swords with Sheriff Durbln. County Judge Scott, acting without th other members of the court In official session, has employed two experts, Messrs. Clark and Buchanan, of Portland, and two clerical assistants, to compile a list of all the property upon which there is due delinquent taxes for any of the past 10 years. Mr. Clark went to Sheriff Durbln this morning and asked for the delinquent rolls from 1S93 to 1900, but Mr. Durbln refused to tura them over. Messrs. Clark and Buchanan were em ployed about two months ago to expert the books of the Sheriff, Clerk, Treasurer and Recorder. After a, vigorous protest from the officers against the employment of experts to examine the books in the middle of an official term, the court won out, and the experts went to work. After they had" partially examined the books for the year 1S97, which included a portion of the terms of both Sheriffs Wrightman and Durbln, they suddenly abandoned the work, to enter upon the compilation of the delinquent list. In pursuance of an order of Judge Scott. When Mr. Clark asked Sheriff Durbln for tho delinquent rolls today Mr. Durbln replied: "No, sir; you can't take any of those books out of my office. When it was proposed to ex pert my books, the statement was made that my books would be found Incorrect, or the experts would stand thecost of the examination. You have started in to ex pert my books, and now I want you to go ahead with It and finish that job before you begin another. My reputation is at stake, and since this exporting his been commenced I want it finished and a re port made. The report must show that my books are correct or that they are not correct, and then I'll settle with the County Court. I am under JC0.O00 bonds, and am not going to be a party to any chlldplay." It Is now proposed that the experts shall return to the examination of the Sheriff's books In about a week, but Mr. Durbln will not Countenance any delay what ever. When asked what he would do regard ing the County Judge's proposal to put ! off the delinquent sale on the 1S00 roll in i order that the list of old delinquents may be mde, he replied that he would follow the law strictly and would hold the sale as advertised. Ex-Sheriff Wrightman, whose accounts are also In a measure included In the wor!r t vrorHntr nv Vio Is tnklnr nn ' Interest In the matter, that he Is out of office, his books are there, he knows they are correct, and the experts can begin on them any time they want to, and quit when they please. LUMBER MAY GO UP. A Conference to Consider a. Rise of 92 Per Th on nnd. VANCOUVER. B. C, Dec 30. It Is re ported here that a meeting of lumber men in Tacoma this week will arrange a combine of nil lumber mills on the Sound and in British Columbia for the purpose of Increasing the price of man ufactured lumber 52 per thousand. A re port of a committee of allotment of the amount of lumber each mill should saw during the coming year will also be con sidered at the Tacoma meeting. Mlnlnjc Claims PInttcd. NORTH YAKIMA. Dec. 20. The North Yakima Land Office has received from the office of the state Surveyor-General the plats of three claims in the Summit min ing district. The claims arc in the Gold Hill country, in the extreme western end of Yakima County, and have improve ments to the value of JCC50. One is known as the Comstock lode, another as the Cold Springs lode, and the third as the London & Champion lode. The last claim Is half In Pierce county. Will Inspect the Canal. NORTH YAKIMA, Wash.. Dc. 30. A delegaton of prominent citizens of We nalchee Is expected here-thls week to In spect the lately built Selah and Moxee canal. An undertaking similar to this one Is soon to be begun In "Wenatchee. TTT w - - . - , - - 'T1'Ty'?J--" - "" I riTnfrVf-'VTif,iSa& nS &X&tlY BODY WILL LIE IN STATE OLYMPIA WILL PAY TRinUTE TO MEMORY OF ROGERS. The RenmlnM "Will Be Interred To. morrow nt Puyallup "With Mili tary Honors. OLYMPIA. Wash., Dec. CO. The remains, of Governor Rogers will He In state at the home of the family Tuesday from 2 until 3:30 o'clock. Wednesday morning at 9 o'clock a short service will be held. In- j tlmate friends and state officers will be present. An address will- be made by Rev. A. G. Sawln. At 10 o'clock the train will leavo for Puyallup. Accommodations have been arranged only for the family. Via nnllhanrarc tVlft TYlHItnTT. nennrt ctfltft officials and members of the Legislature. At Tacoma no change has been made In the former plans. At Puyallup services at the home of Edwin Rogers will be conducted by Rev. S. S. Sulllger, Chap lain of the First Regiment, Washington National Guard. At Puyallup the three companies of the Guard from Tacoma will be joined by two more and the regiment band from Seattle. At the grave the Ma sonic burial service will be read. Inter; ment will follow, with full military hon ors befitting the dead Commander-in-Chief of the state's Guard. CAPITOL COMMISSION TO MEET. McDrlde Desires to Get In Touch With 3Iuttera Pertaining to It. OLYMPIA. Wash.. Dec. 20. Governor McBrlde today sent out a call for the members of the Capitol Commission to meet next Saturday morning In the Gov ernor's office at 10 o'clock. Governor Mc Brlde said that the meeting was called for the purpose of ascertaining the ex act status of matters pertaining to the building of the annex and that after he understood the matter thoroughly he would take the matter in hand at once and see that the structure was completed within tho time specified. DENIED BY M'BRIDE. He Has Nut Decided Upon n Chnnsc in the Hoard of Control. OLYMPH. Wash., Dec. 30. Governor McBrlde has repudiated the statements alleged to have come from him and print ed in a Seattle paper today to the effect that he would at once change tho per sonnel of the Board of Control. The Gov ernor steadfastly refused to consider any such matters until after the funeral of the late Governor. J. M. Bnxter Him Resigned. NORTH YAKIMA, Wash., Dec. 20.-.Tho Democratic president of the State Fair Commission. J. M. Baxter, today forward ed his resignation to Governor McBrldo. Dr. Gunn, the secretary of the commis sion, also a Democrat, says he will not resign ut this time. Superior Court Adjourned. OLYMPIA, Wash., Dect 30. The Su perior Court of Thurston County ad journed today until Thursday next, out of respect to the late Governor Rogers. WELL KNOWN IN NORTHWEST. The Late Franlc H. Peavey, the Great Grain Elevator Man. CHICAGO. Dec. 30. Frank H. Peavey. ' who died here today, was one of the best-known grain men In the country. Mr. , Peavey came to Chicago from his home j in Minneapolis nearly two weeks ago on ' a business trip. On December 20 he con tracted a cold that quickly developed into , pneumonia. Mr. Peavey's wife was with . her husband all through his Illness, hav- I Ing left a sick bed herself in Minneapolis I to come to him. j Mr. Peavey was credited with being the largest owner of grain elevators in the country, if not in the world. He was 51 years and 11 months old. The sign ' "P. V." was a familiar one on grain ; warehouses throughout the graln-proouc- ing states In the West and Northwest I along the lines of the railroads. At ter minal points he had large holdings, hid . Interests in Chicago being particularly heavy. His name for years has been po OldCoughs New coughs are bad enough ; old coughs are worse. They make you think of bron chitis or consumption. Ayer's Cherry Pectoral cures consumption. Not all cases, but very many. Your doc tor will explain this to you. Talk with him about it. "My mother had consumption for :nany years and was given up to die. Then she tried Ayer's Cherry Pectoral and was completely cured." D. P. Jolly, Avoca, N. Y. 25c Sftc. 5I.M. J. C. AVER CO., Uwell, feu. , Because Its component parts are all wholesome. It acts gently without unpleasant after-effects. It is wholly free from objectionable substances. It contains the laxative principles of plants. It contains the carminative principles of plants. It contains wholesome aromatic liquids which are agreeable and refreshing to the taste. All are pure. All are delicately blended. All are skillfully and scientifically compounded. Its value is due to our method of manufacture and to the orginality and simplicity of the combination. To get its beneficial effects buy the genuine. Manufactured by LiroifiA jtoStfRjlp (f San. Francisco, Cal. Louisville, Ky. New York, N. Y. FOB SALE BY ALL LEADING DRUGGISTS. tent on the Boards of Trade here and In the Northwest. The body was taken to Minneapolis tonight. (Frank H. Peavey was well known In Portland and throughout the entire North west. In 1KS9, together with E. C. Mich-' ener, now of. St. Paul, he established the Pacific Coast Elevator Company, the first big wheat exporting concern of the North west. The Pacific Coast Elevator Com pany built more than 40 warehouses, most of which were located in the Umatilla, the Walla Walla and the Palouse Valleys. In 1S97, the Portland Flouring Mills Company bought the entire plant owned by Messrs. Peavey and Michener, and all the oUl warehouses and elevators are still in op eration, while some 60 others have since been added. Mr. Peavey did not reside here, but made frequent visits to the Northwest, and wa3 highly regarded in business circles. He was a very genial, whole-souled man. and made many friende during his frequent stays in Portland. William French Eastham. SILVERTON, Or.. Dec. 30. William French Eastham died here today. He was born In Mason County, Virginia, No vember 23, 1S23. He emigrated to Illinois In 1841, and crossed the plains to Oregon in 1S48. He married Delilah Ann Clever in Jersey County, Illinois. In 1S4S. Mrs. Eastham died In January, 1S82. He was the father of 14 children, nine of whom arc living namely. Mrs. J. M. Brown, Sllverton, Or.; Mrs. Viola Thompson, Dayton, Wash.; J. E. Eastham, Salem, Or.; A. B. Eastham, Vancouver, Wash.; J. L. Eastham. Rainier, Wash.; O. W. Eastham, Oregon City, Or.; Mrs. Jessie Van Scoy, Helena, Mont.; Miss Ivy East ham, Vigan, P. I. and Mrs. Ruby Thles sen. Washington, D. C. He left 22 grand children. So far as known, he was the last living member of the jury before whom the five Indians were tried for the murder of Dr. Marcus Whitman and family. The funeral will be held Dec. 31 at the home of his daughter In this city at 2 .P. M. The interment will be at the Miller Cemetery, five miles east of Sll verton. Mrs. Hnnnnli W. Roberts. SALEM. Or., Dec. 30. Mrs. Hannah W. Roberts died In this city last night, aged 95 years. Deceased was born In Philadel phia, and came to Oregon with her hus band, Rev. William Roberts, in 1S47. Dr. Roberts was In the early days superinten dent of the Oregon Mission at Silem. and was for many years a prominent Metho dist preacher. He once occupied the pul pit at the Taylor-Street Church. Portland, and traveled through much of the state as a presiding elder. He died 13 years ago. Funeral services over the remiins of Mrs. Roberts will be conducted Wed nesday at 2 P. M., from the First M. E. Church, by the Rev. John Parsons. Mrs. Mary Sarah Smlri. FOREST GROVE, Dec. 30. Mrs. Mary Sarah Sadd, of Thatcher, Or., died at her home last week, aged nearly 72 years. Her maiden name was Mary Sarah Hop kins. She was born in London, England, and was married there to J. H. Sadd, June 23, 1S52. She came to Washington County In 1SS4. She leaves four children Harry James Sadd, St. Louis, Mo.; Mrs. Mary Weatherall, Derryvllle, Canada; Charles E. Sadd and Mrs. Eleanor Ben nett, of Thatcher. Mr. Sadd also survives he?. ll. F. Br.Ucr. OREGON CITY, Dec. GO. B. F. Baker, a wealthy farmer living about eight miles southwest of town, near Peach Mountain, died Saturday morning of heart disease, aged 53 years. His death occurred very suddenly, as he was nt work In the field tho day before the funeral was held, and this afternoon. The interment was In Mountain View cemetery. Mr. Baker was the owner of considerable real estate. The property on the Tualatin River owned by the Portland General Electric Company was purchased from hlra. Mrs. J. P. Gardner. HILLSBORO, Dec. SO.-Mrs. J. P. Gard ner, of this city, aged 73 years, died at the home of her husband in this city this morning, from general debility. Deceased was a native of Crawford County, Penn sylvania and was married at Homer, Mich.. In 1S51. The children reside In Oregon. Thcy are: Clark E., Portland; Charles J.. Ful ton; U. G., Hlllsboro, and Perry, of Weston, this county. The funeral wi:i take place tomorrow. Mr. Gardner sur vives her. Putnam F. Bradford. HOOD RIVER, Or., Dec. 30. Putnam F. Bradford, a pioneer who has resided here since 1SSG, died tonight at 7 o'clock after a two weeks' illness. The funeral will take place Wednesday morning. O. O. Carpenter. SALEM. Or., Dec. 30. O. O. Carpenter, aged 47 years, died in this city last night. He leaves a father, three brothers and one sister. Mrs. John A. Shafer. SALEM,' Or., Dec. 20. Mrs. John A. Shafer died at her home at Turner last night, of heart disease. She was 55 years old. UMVEHSAL ALPHABET. Teachers In State Association' Re solve in Its Favor. TACOMA. Wash., Dec. 29. At the meet ing of the "Washington State Teachers' Association at Everett, the following res olutions introduced by Major Frank Terry, of this city, in support of Con gresslnan Cushman's bill for a universal alphabet, were adopted with enthusiasm: m 1 If f m Resolved, That we believe such legisla tion would tend toward accompanying th following results: 1. Facilitate interna tional communication. 2. Aid foreign commerce. 3. Facilitate the learning of foreign languages. 4. Simplify the learn ing of the English language by foreign born citizens. 5. Encourage the study of the English language in foreign coun tries. 6. Establish uniform pronuncia tion of geographic names. 7. Provide a simple, exact, co-ordinate, or parallel, orthography of the English language for the benefit of children. S. Fix a high and perfect standard to which spelling re forms, the world over, may aspire. Resolved. That we respectfully request our United States Senators, Hon. Addison G. Foster and Hon. George L. Turnar. also Congressman Wesley L. Jones, to aid Mr. Cushman by all honorable means to secure the passage of this bill. MR. BAILEY AT WORIC. Food and Dairy Commissioner Be Kins Crusade nt linker City. BAKER CITY. Dec. 30. A. N. Saunders, proprietor of the Sigma Creamery, of Baker City, was brought before Justice of the Peice J. B. MesMck, at the instance . of state Food and Dairy Commissioner J. ted a misdemeanor In transgressing upon, tho food and dairy laws of the State of Oregon. The substance of the first in formation filed was that the defendant had placed upon the market rolls of but ter containing less weight than provided by law, 32 ounces. It was alleged the butter was sold to the trade December 17, and purported to be Jnll weight. Tne i second complaint charged Mr. Saunders with having sold tub butter or packed but ter remodeled into squares, without plain ly marking the product "tub butter." it was alleged this was done December 24, and illegally offered for sale. After being made acquainted with the complaints, Mr. Saunders pleaded guilty to the first charge, an.l lie was fined 523 and costs. To the second allegation he stated that the butter had been placed on the market, but through ignorance of the law covering the matter he was not awar" that worked-over or process butter should be wrapped or stenciled with the name of the manufacturer, weight and lo cation of the factory. The explanation of fered by the defendant was viewed with leniency by the court, and It was de cided to dismiss the charge. This Is the first Instance of an appre hension by the commissioner under the law In this section. Mr. Bailey arrived here from his headquarters at Portland Friday night and Inaugurated his crusade in the city this morning. ANOMALY IN CITY POLITICS. Victorious Republican Reappoint Demoernts to Ofilce. OLYMPIA. Wash.. Dec. 30. At the re cent municipal election the Republicans elected every man on their ticket, but evidently believe that partisanship should not be carried to the extent where it oper ates against the city's interests. The newly chosen Council caucused Saturday night, and settled upon Clem Johnson for the office of Superintendent of Streets, a well-known Democrat. Peculiar as it may seem, the reappointment will meet with scarcely any protest from Republi cans. Chief of Police Savidege will be re appointed; also Electrician BrauMsan and most of the present officers. The single exception will be Fred Schomber. at pres ent Pollc Judge, who must give way to Milton Giles, a well-known Republican, and at present a Justice of the Peace. Hud mafes the cake lighteq finerflawored, more sightly.