THE MORNING OEEGONIAN, TUESDAY, JANUARY 7, 1902.
CITY WINS ITS APPEAL
SUPREME COURT DECIDES IX FA
VOR OP PORTLAND.
Power of. Police CommIsnlon. to Re-
biovc Members of Its Force-
Is Sustained.
SALEM, Or., Jan. C The Supreme
Court todav decided the Portland Police
Commissioners' case in favor of the Com
missioners. Chief Justice Bean dissented.
This was the suit brought by Charles
Venable, who was dismissed from the po
lice force. The lower court decided that
he had been illegally dismissed, but the
higher tribunal reverses Judges Sears,
Cleland and George, and holds that the
Board of Police Commissioners did not ex
ceed its powers. Justice Bean agrees
with the majority of the court as to the
authority of the board, but' expresses the
opinion that Venable was removed in vio
lation of the city charter. This and five
other case were decided today.
The decision of the Supreme Court will
save the city about 56030 or more. The
policeman sued only for reinstatement and
to have the court declaro that they were
illegally removed. If they had won they
would have been able to "have collected
their salaries from the date of removal.
Charles Venable, respondent, vs. Board of Po
Jlco Commissioners, appellant, from Multnomah
County; Alfred F. Sears, John B. Cleland and
M. C. George, Judges; reversed; opinion by
Justice Wolverton, Chief Justice Bean dlsscnt
1ns. This was a special proceeding to review the
action of the Board of Police Commissioners,
whereby the plaintiff was relieved from the
office of regular policeman of the City of Port
land. The plaintiff Vas appointed November 3,
28Dfl. and continued to discharge the duties of
his appointment until June 23, 1000, when he
was dismissed from the service by an order of
tho board, made and entered at a regular
meeting, without notice or charges, and it
was alleged that by reason thereof the board
exceeded its Jurisdiction and exercised Its Judi
cial functions erroneously. The record of the
board dismissing Venable and others was as
lollows:
"The following memberu of the Police De
partment were dismissed from service, there be
ing no funds for their payment, and the Com
missioners desire to state that, while the offi
cers performed their duties, the action of Mr.
Greenleaf, the Assessor, In reducing the assess
ment, made It Imperative" to reduce the force,
cts. Those dismissed were: J. C. Wells, Charles
Venable. Fred Hallett, W. O. Stitt, H. A.
Parker, P. Murray, C. I. DuBols, M. Waller,
J. M. Hackelford and E. W, Cole.
This order was jnade June 23, and the dls
mlstals were to take effect June 30. July .30
the board made an order appointing O. P.
Church a special policeman In place of Jack
Roberts. August 2 H. A Parker and B. .
Cole were appointed policemen and John F.
Kerrigan and Frank J. Snow were appointed
detectives. September 3 the board ratified the
appointments of C L. DuBols and J. M.
Kackleford as regular officers. November 5 O.
P. Church was reinstated as regular policeman
and Joe Kelslng was appointed a regular po
liceman, but the latter received no pay.
Tho case was tried entirely upon the record
made by the Board of Police Commissioners,
and as this was a review proceeding, no evi
dence of the motives of the Commissioners or
the reason for the dismissals, was taken. The
lower court decided In favor of Venable and
the Commissioners appealed. In reversing tho
lower ourt. Justice "Wolverton says:
"The plaintiff's contention is, that by the act
of the board appointing him and others regular
policemen, they were constituted officers, and
that their tenure of ofilce was during good be
havior; that they could not be removed for any
cause or purpose whatever, except for Ineffi
ciency, misconduct. Insubordination or viola
tion of law, and that the dismissals were made
to subserve political purposes, contrary to the
direct Inhibition of the charter. Upon the oth
er hand. It Is maintained that the board was
vested with ample power so to manage and
regulate the department as to adapt It to the
exigencies of the service, and that It was au
thorized to reduce the police force upon eco
nomical ground be!iwr charged with theduty
of kteplng tho expenses of the department
within the appropriations or funds available
therefor: and that the dismissal of plaintiff
and others was In pursuance of that authority,
and not for political reasons.
"The proceeding being by writ of review, tho
question must be resolved by the record, as one
of law, and no extraneous facts or evidence
aliunde can be taken Into account. The Police
Commissioners are, by the charter, given plen
ary power pertaining to the organization, man
agement and control of the police department.
In this respect they stand In the place of the
Common Council, as they are clothed with all
tlio executive functions of tho city pertaining
thereto. They are authorized to adopt rules
end regulations for receiving and hearing com
plaints against members of the police force, for
their removal, suspension or forfeiture of wages
on account of misconduct or negligence In the
discharge of their duties. Beyond this, their
Junctions require that from an economical
standpoint, they shall so manage the affairs
pertaining to the department as to keep tho
expenses within the revenues appropriated and
available for that purpose.
"In view of these powers and functions Im
posed upon tho board. It was declared that all
appointments made thereby should continue
during good behavior, and that no officer should
"be removed upon political grounds, or for any
reason, except Inefficiency, misconduct. Insub
ordination or violation of law, after a fair trial
upon complaint regularly preferred, and reason
able notice. These latter regulations are re
strictions upon the powers previously accorded,
and are to be construed as limiting tho power
of removal for cause to those several reasons
enumerated, but the power so to administer
the affairs of the department as to keep the
expenditures within the estimated revenues Is
not thereby restrained or circumscribed. Hav
ing the power to organize the police force, In
the first instance, the Commissioners have tho
power to lntseaso or reduce it. as the exigen
cies and proper management may require, and,
therefore, if the" anticipated revenues are in
sufficient to meet the requirements of an effi
cient service, they may reduce the force so that
the expenditures will not exceed the appropria
tions. If practicable."
The opinion holds that it Is a presumption
that the board acted honestly and in good faith
In discharging Its duties, and that there Is no
evidence sufficient to overcome the presump
tion. "Of the 10 men dismissed from service, four
have been reinstated, two are not complaining.
while four are prosecuting writs of review for
their reinstatement. Of these latter, none oth
ers have succeeded to their posts of duty, so It
cannot be said that they have been displaced
to make room for men more congenial political
ly with the board, and It Is difficult. If not In
imical to reasonable deduction, to extract from
the record In tho face of the presumption of
good faith, that these dismissals were made for
political reasons."
In his dissenting opinion, Chief Justice Bean
says:
"I concur In the view that It is within the
power of the board to reduce the force when
ever the public revenues demand. I think, how
ever, this, should be done by direct resolution
or order, abrogating the extra offices, and not
by the mere removal of the officers. As I read
the charter, the board is absolutely prohibited
from removing a policeman except for certain
enumerated causes, which do not Include a
v ant of funds. So long as the office exists, the
appointee Is entitled to hold It, unless removed
In the manner provided In the charter, and for
the causes specified. Tho record of the police
board recites that the plaintiff and other po
licemen named were 'dismissed from the serv
ice, and I doubt whether it can be properly
held to show an Intention to reduce the force
or abrogate the offices they held, especially In
view of the subsequent action of the board In
reappointing some of the persons dismissed and
in appointing others, without an order Increas
ing the force."
The majority decision, by Justices Wolverton
and Moore, prevails, -and the policemen are
out.
Singer Manufacturing Company, appellant,
vs. T. J. Driver, Sheriff of Wasco County, re
spondent, from Multnomah County; Alfred
Sears, Jr.. Judge; reversed; opinion by Chief
Justice Bean.
The question In this case was whether the
withdrawal of a claim made by a third person
to property seized by a Sheriff under a writ of
attachment or execution operates as a bar to
an action bropght by the claimant prior to the
sale against Sheriff to recover possession of
the attached property or Its value. The opin
ion says that "when the claim is withdrawn,
the statuto declares that the trial shall proceed
no further, and thereafter the matter stands
as If no claim had been made, unless some sub
sequent act of the Sheriff, relying on the faith
of such withdrawal, when properly pleaded.,
constitutes estoppel. As no estoppel is pleaded'
in this case, we are of- the opinion that the
Judgment must be reversed."
Mary Elliott et al., respondent, vs. Clarence
R. Bloyd and J. T, Reed, appellants, from
Multnomah County; John B. Cleland. Judge;
affirmed; opinion by Justice Wolverton.
The principal point of law decided In this
case is that where there Is privity of estate
between three plaintiffs, and one of the defend
ants, and where the other defendant acts at the
latter's instance, a suit will He under the set
tled rules of equitable Jurisdiction to restrain
threatened waste on timber land.
L. J. Davenport, appellant, vs. Fred Dose, re
spondent, from Marlon County; George H. Bur
nett. Judge; reversed; opinion by Justice
Moore.
The point of law decided Is that where a de
fendant admits a part of plaintiff's claim and
sets up a counter-claim covering the amount
admitted. It Is Improper for the court to grant
a nonsuit at the close of the plaintiff's case,
for If the plaintiff, by falling to Introduce evi
dence, thereby admitted defendant's averments
as to tho balance due, the -burden of proof is
then shifted to the defendant to prove his
counter-claim.
J. C. Rutenlc. administrator of the estate of
W. H. Mills, deceased, substitutes for John F.
Miller, deceased, respondent, vs. J, W. Ham
aker et al., appellants, from Klamath County;
H. L. Benson, Judge; affirmed; opinion by
Justice Moore.
Hamaker was administrator of the Mills es
tate, and this suit was brought upon his bond
to recover $2345 50. Judgment In this sum
was had against Hamaker and his bondsmen,
and the defendants appealed. The principal
rules of law laid down, in the opinion of the
Supreme Court, are: ,
That In pleading the Judgment of an inferior
tribunal, the facts conferring Jurisdiction must
be alleged.
In a Judgment rendered by a court of general
or superior Jurisdiction, however, every fact
necessary to confer Jurisdiction will be pre
sumed in order to support the validity of the
Judgment,
The county court, In probate matters. Is a.
court of general or superior Jurisdiction.
Many questions were raised, but the court
finds no error in the court below.
Dorothea Wetmore, appellant, vsl Ward C.
Wetmore, respondent, from Multnomah County;
John B. Cleland, Judge; affirmed; opinion per
curiam.
The opinion says: "This is a suit for divorce,
and to compel a conveyance from the defendant
to the plaintiff of certain real estate, which
It Is alleged wis purchased with her money.
The complaint was dismissed by the court be
low, and the plaintiff appealed. An examina
tion of the record satisfies us that tho testi
mony Is not sufficient to Justify a decree of
divorce, and, as the title to real property can
not be litigated In a proceeding of this kind,
except as incident thereto, the decree is af
firmed. '
The following minor orders were made in the
Supremo Court todayr
State of Oregon, respondent, vs. John Kelly,
appellant: appellant may file typewritten brief.
Lusetta P. Beers, appellant, vs. C A Ayles
worth, respondent; respondents' time to file
brief extended to April 1.
J. O. Hanthorn, respondent, vs. James Qulnn, .
appellant: respondent allowed until January 30
to file brief.
George H. Small, respondent, vs. Elmer D.
Iutz, appellant; argued and submitted on mo
tion to dismiss.
Georgo H. Williams, respondent, vs.. Com
mercial National Bonk, appellant; argued and
submitted on motion to advance for hearing.
Henry Welnhard, respondent, vs. Commercial
National Bank, appellant; argued and submit
ted on motion to advance for hearing.
Moro Mercantile Company, responded vs. S.
Yamoaka, appellant; affirmed, on default of ap
pellant and failure to pay trial fee.
Mary E. Warren, appellant, vs. T. G. Hen
dricks, respondent: rehearing denied.
Mary Phelps Montgomery, respondent, vs.
Robert Smith et al., appellants; executors of
Shaver estate, substituted for George W. Sha
ver, deceased, and decree amended.
"WHEAT NEARLY ALL SOLD.
Grovrcrs Hold Little of the Cereal la
the Weston District.
WESTON, Or., Jan. 6. Wheat at Wes
ton and Downing stations has nearly all
been purchased. But few lots remain in
the hands of the growers, although one
of these is a large one, including three
season's crops. Saturday evening 17,000
bushels of wheat were purchased by R.
Jamicson, agent o'f tho Pacific Coast Ele
vator Company. It Included the lots
of G. DeGraw, G. W. Haggs and J. H.
Key. This brought 54 cents per bushel,
net, the best price paid here for two
years, and two or three cents better than
has heretofore been paid at any other
point In the county this season. Local
scarcity caused a brisk demand for this
lot
This Is a season of lodge suppers. Wes
ton Lodge. No. C5, A. F. and A. M., and
Crescent Chapter, O. E. S., recently
held a Joint Installation and banquet, at
which many visitors were present from
neighboring lodges. Similar events will
occur Tuesday night in the fraternal
halls, respectively, of the A. O. U. W. and
Degree of Honor, and the Woodmen of
the World and Women of Woodcraft.
Last Friday evening, officers of Weston
Lodge, No. 58, I. O. O. F., were installed,
with a banquet following.
In church circles much Interest has been
occasioned by the revival services in prog
ress at the United Brethren Church.
Bishop N. Castle, of Philomath, Or., Is
present to assist in the work. He ar
rived Saturday, and preached two able
sermons Sunday to large congregations.
FIRE AT LA GRAXDE.
Fonr Bnlldlnps Destroyed Early Yes
terday Morning:.
LA GRANDE, Or., Jan. 6. Fir was dis
covered this morning at 1:15 o'clock in
the rear of Frenchy's chophouee, on Fir
street near the railroad, and In an hour
the buildings adjoining were consumed.
The place was a firetrapv and was Just
being vacated. How the fire started is
unknown. Four frame business houses
were burned George Ott's two-story
building, occupied by Dray Bros., as a
saloon and chophouso; and three one-story
frame structures owned by James White.
The new brick building of John Mais, ad
joining, used as a meat market was not
damaged. Little was saved from the
burned buildings. The losses are: James
White, about $1500, Insurance 51000; George
Ott S1200. insured: J. Bull & Co., 3500,
insurance $3000; Schmidt & Hoffman, $2500,
insurance $1000; L. Depeters, $200, no insur
ance. Schmidt & Hoffman had $1500 worth
of pickled pork. There were several nar
row escapes from falling live electric
wires.
NEW SHELL INVENTED.
Contains Mtro-Glycerlne and Is Very
Destructive.
OAKLAND, Cal., Jan. 6. B. C. Pettln
gell, of this city, has invented a nitro
glycerine projectile, which. If the claims
of the Inventor hold good, will prove of
great Importance. The mechanism of the
Invention Is a secret and Pettlngell is
now negotiating with the United States
Government for the sale of the device.
The matter will be considered by the Ord
nance Department today.
The Invention. Pettlngell says, is a shell
that will carrry without the least concus
sion, from 50 to 200 pounds of glycerine
oil as far as the ordinary shell can be
fired by ordinary modern ordnance. The
concussion necessary to project the shell,
he says. Is by his device reflected back
to the sides of the shell, so that the
glycerine oil is not disturbed In the least
OREGON REFORM SCHOOL.
Annual Report of Superintendent
Pupils Number 134.
SALEM, Or., Jan. C Superintendent
Bickers, of the Reform School, today sub
mitted to the State Board of Education a
report for the post year. The running ex
penses of the school for 15 months w.ere
$27,120 S3. The enrollment of pupils Is 134.
The report says that the loss to the
state on account of the Are in the In
dustrial building wHlTje about ?7500, ex
clusive of the damage to the building.
This will bring the total loss up to about
$25,000. The laundry plant the apparatus
In the shoe and tailor shops, and the band
Instruments, were destroyed. At the time
of the fire the laundry contained clothing,
bedding, etc., for a week's washing. A
.new boiler-room .and. dynamo-room, is
building for temporary u.
READY TO RECEIVE COURT
PEKDf TS GAIiA ATTIRE FOR THE
ROYAL PROCESSION TODAY.
Precaution Taken to Prevent a Col
lision Betvrecn- tke Chinese
and tke Foreign Troops.
PEKIN, Jan. 6. The Chinese officials
have requested the Ministers of the pow
ers to keep the legation guards within
their quarters tomorrow in order to pre
vent the possibility of a collision between
the Chinese and foreign troops on the
occasion of the court's return to Pekln.
The Ministers will comply. The families
of the foreign diplomats will cccupy tho
buildings which the Chinese Government
has tendered them for the purpose of
viewing the parade. There is much crit
icism of this course among the foreign
ers who are not satisfied with the fact
that the Ministers alone are to remain
In the legations. They believe that the
event should be completely Ignored. They
say the presence of any members of tho
legations will be construed as being a
sort of homage to the court, and will be
thus proclaimed among the people.
The foreigners are divided into two fac
tions concerning the future relations of
PRESIDENTS OF THE STATE DAIRY ASSOCIATION AND
THE OREGON FARMER'S CONGRESS.
' Ma? avv -. ufjK iiffMi
T " i i m ii"SSM1IWBBKi i j SHIIHHI
Richard Scott.
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the diplomats with the court, one holding
that the relations should be limited to
the fulfillment of the most formal oblig
atory ceremonies, and the other holding
that In official and social relations the
Ministers should endeavor to be more In
timate with the court than formerly, and
should meet all Chlnesa advances In the
most friendly spirit
Many foreign soldiers and a few offi
cers today violated the government's re
quest to keep oft the streets, which have
been cleaned and decorated for the royjil
procession. This Is likely to create re
sentment Railroad traffic between Pekln and Pao
Ting Fu, except on the court's business,
has been congested since the arrival of
the court at Pao Ting Fu. Special trains
for two days past have been bringing
the court's baggage here. Official busi
ness monopolizes the telegraph lines and
the postal service to Pao Ting Fu.
BAXIC OF LIVERPOOL FRAUDS.
Associates of American Bookmakers
Implicated on the Stand.
LONDON, Jan. 6. When tho hearing of
the charges of fraud brought In connec
tion with the recent robbery of the Bank
of Liverpool -was resumed at the Bow
Street Police Court today, associates of
Lawrle Marks and James Mances, the
American bookmakers, testified to their
sudden departure for the Continent, and
their subsequent movements in Paris. The
witnesses, however, denied any knowl
edge of their movements after that Law
rence Somers, a cousin of Marks, said
Marks was so ignorant he could not write
a check, and had only read a single book,
a philosophical work by the late Colonel
Robert G. Ingersoll, from which ho was
constantly quoting. Marks told the wit
ness he was- going to Monte Carlo. The
manager of a hotel, a woman, testified
that when Marks bade her farewell he
said: "Probably you will never seo my
miserable face again.''
(The frauds on the Bank of Liverpool,
knowledge of which became public No
vember 22 last Involved the sum of 170,
000. Lawrence Marks, alleged to have
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WASHINGTON LABOR COMMISSIONER.
OLTMPIA, Wash., J&n. a Will
iam Blackman, who enjoys the dis
tinction of beln? the only appolnteo
of the late Governor Rogers whom
Governor McBrldo will permit to
finish his term, Ii well known In
this state. Mr. Blackman was born
In Buffalo. N. Y., 40 years ago.
For IS years he has been a resident
of Washington, during' all of which
time he has been prominent in labor
and economic Questions. He is a
locomotive engineer, and for four
years ran enrlnes out of Seattle.
For two years he was connected
with the Water Department of
Seattle. In 1697 be won appointed
Factory, Mill and. Railway Inspec
tor, and a member of the State La
bor Bureau. The last Legislature
did away with the bureau, and Mr.
Blackman was appointed Labor
Commissioner. Durlnz his Incum
bency in both positions he has en
joyed the respect and confidence of
the corporations and their employes.
In April. 1609, be married Miss
Carolyn Rogers, eldest daughter of
the late Governor. Mr. and Mrs.
Blackman make their Cumo in the
Capital City.
been one of the nrlncloals In the rob- I
bery, was an American bookmaker. He
was reported to have jumped overboard
from a Channel steamer November 27 and
to have been drowned.)
DENIED BY CHAMBERLAIN.
Fear of England Abroad Not Dae to
a Wicked Government.
LONDON, Jan. 6. In speaking at Blng
hamton tonight Joseph Chamberlain, the
Colonial Secretary, referred to that fear
and jealousy of Great Britain which Is
entertained abroad and denied that this
was due to the existence of a particularly
wicked government "This Is no new
thing In history." he said, "and we must
maintain our splendid Isolation, surround
ed and supported by our colonial kins
folk." While fully admitting the necessity of
finding new markets and keeping abreast
of modern times and methods, Mr. Cham
berlain saw no sign of any Imminent or
i pressing danger to British trade. He said:
."During the last flya years, we have, en
joyed an absolutely unparalleled condl-
tlon of trade, and for the future the pros
pects are exceedingly good."
The Colonial Secretary strongly depre
cated any attempt on the part of trades
unions to restrict the output and reduce
all workmen to a dead level of mediocrity.
In this connection the speaker referred
to the opinions of Senator Hanna and
President Schwab, of the steel corpora
tion, on this subject.
DUEL CREATES A SENSATION.
Particular of Flgjlxt Bet-ween a Ger
man Officer and a Stndent.
BERLIN", Jan. G. Full narratives of
tho duel fought last Tnursaay at jena.
in the Duchy of Saxe-Welmar-EIsenach,
In which Lieutenant Thleme, of the Ninety-fourth
Regiment, killed a student of
Halle University, named Held, by shoot
ing him through the heart, are producing
a deep sensation throughout Germany.
Lieutenant Thleme Is the best pistol shot
of his regiment, and pistols were selected
by the court of honor, composed exclu
sively of army officers, notwithstanding
the fact that the student societies pro
posed the use of sabers. The court of
honor stipulated that five shots be ex
changed between: the duelists, conse
quently Held hnd little chance of escape.
He was killed at the third exchange of
shots.
The duel resulted from a party of stu
dents having Jostled some army officers
In tho streets. Held was with the stu
dents, and he slapped the face of Lieu
tenant Thleme, who was In plain clothes.
W. H. IVenrnnff.
About the same time that the court of
honor was arranging the details of this
duel, Emperor William was receiving
Now Year's congratulations from the Ger
man Generals. According to -gossip cur
rent in military circles, the Emperor on
this occasion directed that the doors of
the saloon be closed, and talked for sev
eral minutes about dueling. The Em
peror Is reported as saying that, so far
as he was concerned, he did not expect
to trouble himself with what the sub
alterns might do, as he looked to the
corps commanders, and would hold them
personally responsible to himself for the
prevention of unnecessary duels. Emperor
William is now credited with having said
that If duels should occur In 1902 similar
to some which had taken place In 1901 he
would demand resignations.
AMERICAN" SHIPBUILDING.
Gcrmun Expert Who Made nn Inves
tigation Flies His Report.
BERLIN, Jan. 6. Tjard Schwartz, a
German naval constructor who was re
cently sent to the United States by the
Marine General Staff to Investigate ship
building here, has submitted his report
Herr Schwartz says all the principal ship
yards In the United States facilitated his
Investigations in every way. His descrip
tions are accompanied by masses of pho
tographs and drawings of new machines,
especially of pneumatic contrivances used
In shipbuilding. The Investigator says
that material for building steel ships Is
lower In price In the United States than
in any other country, and the only thing
to be complained of is the fluctuation of
prices, which makes competition with
foreign shipbuilders difficult Herr
Schwartz says in this connection that
within four months the prices of ship
building materials In tho United States
have fluctuated 200 per cent from a lack
of stability of the market, and this is
the principal reason why some American
shipbuilders are combining with the steel
producers.
The German investigator refers to the
splendid body of American workmen,
earning wages from 30 to 50 per cent high
er than those paid In Great Britain, and
..,,. , ,
William Blackmaa.
100 per cent higher than on the Continent
and says wage bills m the United States
are counterbalanced by economical pro
cesses of machinery which are not fqund
In European yards. The German naval
constructor concerns himself In his re
port almost entirely with statements of
fact, but in conclusion he says: "We see,
therefore, that the Americans are striv
ing with all the means at their command
to put their shipbuilding industry in a po
sition successfully to compete with the
long-established English builders on the
one hand, and on the other with the
younger, but rapidly-developing ship
builders of Germany."
ECONOMIC SITUATION REVIEWED.
How London Times Accounts for Ma
terial Progress of America.
LONDON, Jan. 71 The Times this morn
ing 'devotes a long editorial to a review
of the economic situation in the United
States. In this It takes the view that, in
finite of the apparently tremendous ma
terial progress made in America of recent
years, this progress is insufficient to war-
rant the view of its economic results either
by sanguine Americans or by timid Euro
peans. The Times contends that the re
cent prosperity has led to over-Investments,
and the fact that exchange dur
ing the past Autumn remained In favor
of London tenda to show that the balance
of trade 1b not In favor of the United
In brief, the Times thinks that America
is "on top of a wave of commercial pros
perity," and declares that the American
public has never recovered from the fright
It got last May. The paper says that the
history of Amalgamated Copper Is very
disquieting, but In spite of various signs
of a strain and, unloaded position In the
market for American securities, the gen
eral business situation in the United
States Is so good that Imminent or even
early collapse seems Improbable.
Jallbreakers Captared.
HELENA, Mont, Jan. 6. Alonzo KIlby
and Rav Hoffman, two prisoners, who
escaped from the County Jail at Billings
a week ago, have been captured near the
Chandler ranch, 60 miles northwest
of Billings, but not before Kilby had been
shot Ever since their escape, Kilby and
Roy Hoffman, who Is only 14 years of age.
have been prowling around the Mussel
shell country, stealing horses and sad
dles, getting ready to make an effectual
escape. A posse locaieu wem x-i.u-j.
Kilby opened fire, and was himself fihot
He died last night
Prince of Monaco Seeks a Divorce.
NEW YORK, Jan. 6. The Prince. of
Monaco has sent a special messenger to
Rome with a requast for a special In
terview with the pope on the subject of
obtaining a divorce from the Princess,
the daughter of Michael Heine, the New
Orleans banker, cables the London cor
respondent of the Journal and American.
The Portuguese composer. Isador de Lara,
Is the cause of the breach, said to be past
mending, between the two, but tho Prince
has decided to Ignore De Lara and not
banish him from the principality.
German Exports to United States.
BERLIN, Jan. 6. Comploto returns
from all financial circles In Germany
show that the total of German exports to
the United States. In the year 1S01 amount
ed to 5S9.616.731. This Is a decrease of $3,
567,022 from 1SO0. and It Is due entirely to
tho reduction of sugar exported to the
UnJted States. The Increase In merchan
dise other than sugar exported last year
to the United States amounted to J4.937.2S0.
Kins Edward Honors Mnrauis Ito.
LONDON, Jan. C. King Edward has
conferred the Order of Knight of the
Grand Cross of the Bath upon Marquis
Ito, the Japanese statesman.
Spanish Bark Capsizes.
CORUNNA, Spain, Jan. 6. A bark has
capsized at tho mouth of the River Lezero
and 23 people, most women, have been
drowned.
Newspaper Suspended by Police.
MADRID, Jan. 6. El Pals has been sus
pended by the police on account of Us
persistent attacks upon the Queen Re
gent
Dock Laborers on a Strike.
BARCELONA, Jan. 6. The dock la
borers .here have struck, and all the trade
operatives of Reus have decided to go out.
DUE TO EXTENSIONS.
That's Why the Everett-Moore Syn
dicate Is Embarrassed.
CLEVELAND. O., Jan. 6. Chairman
Newcomb, of the committee of bankers
In charge of the Everett-Moore syndi
cate, said today that It would probably
v. twn Tvfil before a detailed statement
could be prepared to show the actual
financial condition of the various proper
ties of the syndicate. The balance re
ports for November, said Mr. Newcomb,
Indicate that practically all the urban
and Inter-urban electric railways of the
syndicate are money-makers. Continuing,
Mr. Newcomb said:
"The syndicate controls 28 distinct tele
phone companies, including the United
States (long distance) company. So far
as we have been able to learn from a
superficial examination, these companies
are almost without exception capable of
paying fair dividends. But In many cases
fhf parnlncs and larse sums In addition
have up to this time been devoted to mak
ing extensions In the service."
Mr. Newcomb added that. In his judg
ment, the embarrassment of the syndi
cate 'resulted simply from the fact that
many new enterprises were put under
way before they were financed.
Larfce Labor Lien Filed.
DETROIT. Jan. 6. William B. Strang,
of New York, has filed in the office of the
Register of Deeds a lien against the Erie
Construction Company, of New Jersey,
now the Detroit & Toledo Shore Line
Road, for J25S.9S7 10 for labor and ma
terials furnished during the period be
tween May.l, 1801, and December 31. 1901.
Tho road is said to bo owned by the
Everett-Moore syndicate, of Cleveland.
Clarence A. Black, of this city, however,
says that the Detroit & Toledo Shore
Line Road, of which he was formerly
prlnclpal owner, was purchased from the
Everett-Moore syndicate, together with
the Monroe and Toledo road, by the di
rectors of the Detroit United Railway.
CLEVELAND, O.. Jan. 6. When shown
the dispatch from Detroit today stating
that a Hen had been placed on its De
troit and Toledo electric shore line, Chair
man Newcomb, of the bankers' commit
tee, said:
"The bonds to finance the road In ques
tion were sometime since all contracted
for by a leading financial Institution. I
presume, however, that the present diffi
culties of Messrs. Everett and Mooro will
result In temporary delay to this deal. In
any event, he Hen will prove of little
moment."
TOLEDO, O., Jan. 6. The financial
troubles of the Everett-Moore syndicate
has resulted in the appointment of re
ceivers for tho Toledo & Detroit Railway,
one of the properties owned by the syn
dicate. At the same time Judge Barber
granted an Injunction restraining the De
troit & Toledo Shore Line Company and
its secretary. George S. Stewart, from
disposing of any more of Its bonds.
Darius Miller's "Authority."
CHICAGO, Jan. 6. The Impression that
Darius Miller was to have charge of the
traffic of the Northern Pacific, as well as
of the Burlington, seems to be wrong.
Mr. Miller said today that he would have
no authority over the traffic of the North
ern Pacific or the Great Northern, and
that his efforts would be confined to the
traffic of the Burlington. This assertion
Is borne out by a circular Issued under
James J. Hill's signature, to the effect
that Vice-President Blabon will have
charge of the traffic of the Great North
ern and "will be assigned to duties of
Darius Miller, formerly second vice-president
of the Great Northern, and who
has resigned to accept service with the
C. B. & Q. Railroad Company."
Petition for Mandamus Agrnlnst Trust
WASHINGTON. Jan. 6. W. B. Doug
las, Attorney-General of Minnesota, and
M. D. Munn, of St Paul, assistant coun
sel, arrived at Washington today for tho
purpose of asking permission of the Unit
ed States Supreme Court to file a peti
tion of mandamus against the so-called
Northern Pacific merger. The request will
be presented tomorrow.
To Put St. Joe on Main Line.
KANSAS CITY. Mo., Jan. 6. Plans for
a now bridge across the Missouri Rlve.r
at St Joseph, for the' construction of
which the Rock Island Railroad Is en
deavoring to secure Congressional con
sent have been sent to Washington. It
Is the intention of tho Rock Island, it is
said, to route most of Its Kansas, Okla
homa, Indian Territory and other South
western business through St Joseph. The
building- of the new bridge at St Joseph
will practically mean that St Joseph,
and not Kansas City, will be on the main
line of the Rock iEland.
AUDITOR FOR 15,000 MILES.
Extension of Jurisdiction, of Union
Pacific Ofllclal.
OMAHA, Neb., Jan. 6. Erastus Young,
general auditor of the Union Pacific, has
officially been made general auditor of
the Oregon Short Line, the Oregon Rail
way & Navigation Company and the en
tire Southern Pacific system, with head
quarters at San Francisco, New Orleans
and Houston. Mr. Young's Jurisdiction
as general auditor now extends over 15,
000 miles of railroad. The separate headr
quarters offices he will control are at
Omaha for the Union Pacific, at Salt
Lake for the Oregon Short Line, at
Portland for the Oregon .Railway &
Navigation Company, at San Francisco
for the Pa.clflc system of the Southern
Pacific, at New Orleans for the Sunset
route and at Houston for the Texas lines
east of El Paso.
More Waxes for Trainmen.
PHILADELPHIA, Jan. 6. The Pennsyl
vania Railroad Company today announced
to Its train and yardmen that with few
exceptions their wages had been ad
vanced, to date from January 1.
Rnllrond Xotes.
According to the Aberdeen Bulletin, the
work of building the electric roadway be
tween Hoqulam and Aberdeen will begin
at once, and surveyors are already in
the field.
The Boise, Nampa & Owyhee Railroad,
of which Colonel W. H. Dewey Is the
president, is now in operation to Emmet,
about 23 miles north of Nampa. Next
year 48 miles more will be built and then
1C0 miles of wagon road In to the Thunder
mountain country.
DIED SEATED IN A CHAIR.
Mrs.
S. D. Duke, Jr., a Former Res
ident of Kentucky.
Mrs. .Sarah D. Duke, jr., 59 years old.
died suddenly about 11:45 o'clock last
night while seated In a chair in her
room at 426 Alder street, of heart disease.
She had. been pomplalnlng previously of
not feeling In her usual health, but her
family did not suspect that her end was
near. When her fatal Illness came on
she was alone at the time, and she tap
ped with her feet on the floor for as
sistance. Mrs. Blanchard' hurried to her
aid and medical assistance was sent for,
but It was too late. Mrs. Duke was an
estimable woman, and is survived by one
daughter. Mrs. C. B. Williams, and one
son. J. W. Duke, of the O. R. & N. The
Coroner was called to the house and
after making Inquiry, decided that an In
quest was not necessary. Mrs. Duke set
tled In this city several years ago. from
Kentucky.
MInlnpr Claims Adjudicated.
WASHINGTON. Jan. 6. The United
States Supreme Court today rendered an
opinion In the case of the McKlnley Creek
Mining Company vs. the Alaskan Mining
Company, Involving the title to certain
mining claims in the territory of Alaska.
The contention was made In tho case
that the Alaska Company had no right
to protection under the mining laws of
the United States, not being a citizen of
the United States. The court did not
sustain this contention and affirmed the
verdict of the district court of Alaska.
Northwest People In New York.
NEW YORK, Jan. 6. Arrived from Ta
coma Mrs. G. M. Bushnell. at the GUsey.
From Lakeside. Wash. Raleigh G. Har
denburgh. at the Gllsey.
From Wenatchee, asn. j. u. .oeaie,
at the Raleigh.
From Spokane W. C. Fritter, M. An
ley at the Broadway Central.
From Seattle M. W. Glenn and wife.
M. Bartholdl. Mrs. A. D. Coulter, at the
Vendome: A. L. Willard. at the Criterion;
J. F. Baker, at the Grand Union; C. G.
Helfner, O. W. Judd, V. P. Hart, at the
Murray HilL
City Officers Changed. '
THE DALLES, Or., Jan. C In accord
ance with a decision of the City Council.
City Marshal Charles Champlin and Night
Watchman Paul Paulsen will tonight re
tire from their nosltone In the city gov
ernment Deputy Sheriff E. B. Wood and
Mr. John Crate have been appointed by
Mayor Farley to fill the vacancies re
spectively. They will enter upon the du
ties of their offices tomorrow morning.
RcslKnatlon Xot.Yet Filed.
SALEM, Or., Jan. 6. In yesterday's cor
respondence It was stated that M. W.
Hunt has tendered his resignation ns at
torney for the Land Board In this county.
The resltaiatlon has not been filed, but Mr.
Hunt has Indicated his Intention to resign.
WARNER'S
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KIDNEYS HEALTHY AT 92
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WARNER'S SAFE CURE Is purely veg
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lungs !
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Vi'n. It. Bredcr.ef Chrrstle i
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ieare me wak. so tbat t was ,
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SZtALL DOSE PLEASANT TO TAKE
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