10
THE MORNING OBEGONIAN, WEDNESDAY, JANUARY 22, 1902.
ROOT IS IN EARNEST
Determined to Sell Pacific
Transports.
GOOD OUTLOOK FOR PORTLAND
This CIt' Chances of Getting Got.
eminent Baalncsn Are Fully
an Good as Those of
Seattle.
According to the telegram received Mon
day from. Senator Mitchell by the Cham
ber of Commerce, the Secretary of War
does not intend to urge the sale of the
Government transport ships at this time.
But the Washington correspondent of The
Oregonian says that Root desires to carry
out his project as soon as possible. It
Is given out from other sources that the
purpose of Secretary Hoot Is to get a bill
passed which all authorize the Govern
ment to sell the transports when neces
sary. This procedure would in a degree
pacify the opposition to Secretary Root's
plan, and at the same time enable him to
carry out his project at once If he desires,
or as soon as" convenient. Such an ap
parent concession would soothe the San
Francisco Interests that are fighting the
proposed system. .
But as the plea is that the proposed sys
tem would save money to the Government,
the plan would save more money if carried
out now than In the distant future. Hence
it may be inferred that Secretary Koot
means immediate business. It may be
further inferred that he means business
from the fact that the ships would bring
more money now than they would later.
The vessels can be sold on this Coast for
better money than can be obtained on the
Atlantic seaboard, owing to the surplus
tonnage that has accumulated on the
Atlantic Steam tonnage Is also accumu
lating on the Pacific Coast, and it will not
be long before ships will be going abeg
ging on this side of the world, unless there
shall be a large development of commerce.
This development, however, seems to be
anticipated by shipowners, as fast as it
ccmes.
Not all of the transports are first-class
vessels. Many of them were decrepit
with age when they were loaded off on the
Government, and have not grown younger
elnce. Thwe vessels will probably ie
&old to the highest bidder, and will be
readily absorbed by the steamship com
panies on the Pacific The steamship
lines are already preparing to get control
of the vessels when the sale is made by
the Government.
Secretary Root Is represented as being
opposed to removing the Army transport
depot from San Fiancisco to Seattle. In
a dispatcu to the San Francisco Chronicle
he is quoted as having said:
It is out of the question tht any other port
on the Pacific than San Francisco should be
used. The Coemment has Its complete estab
llbhrntnt at San Francisco, and any one tak
ing the contract to transport troops and sup
plies to the Philippines would have to meet
the situation as It Is. The party that under
takes, to figure on this contract will have some
hard problems to solve, which he cannot
aCord to complicate by trying to move the
BerJce to ports where all the facilities are
lacking.
What we want is the permission of Congress
to contract with private corporations to trans
port soldiers and supplies to the Philippines;
eecond, we want Congress to grant American
registry to the transports owned by the Gov
ernment, so that we can sell the vessels read
ily. Tf we sell them now they would have to
return to foreign registry, where they were
before they were purchased by the Govern
ment, and this would render them unsalable
to an American steamship company. There
will be no change in the present arrangements
for some time, but I have hopes that during
the present session Congress will give us au
thority to enter Into contracts with private
companies to transport troops and supplies.
The troops would have to go via San Fran
cisco on account of the facilities that the Pre
Eidio offers, including hospital accommodations.
Freight, of course, would have a tendency to
follow the troops.
Seattle's dream of getting the Army
transport business moved in part to Puget
Sound appears, therefore, to be In danger
of a rude awakening. But as the oGv
crnment has grounds at Vancouver, the
best on the Cost for a transport depot.
Secretary Roofs argument will not apply
Bs to Portland.
Although the transport business has
been distributed in the past by favoritism
at "Washington or somewhere In the serv
ice, Portland Is getting better recognition
than heretofore. Marine agents and deal
ers In forage in this city are now recog
nized as on the map. In a way at least.
"When the Government desired to engage
a steamship to c6nvey lumber to Manila
from Puget Sound. Portland agents sub
mitted bids, and it was evidently because
Portland has no spot ships that the Gov
ernment engaged the Algoa, from Puget
Bound agents, at 75 cents more per ton
than was bid here. The excuse in the
case is that the Government needed a spot
ship. Likewise this city had an equal
chance with Sea tile to bid on the con
tract which the Adato secured for trans
porting forage, only in this case was suc
cessful OWNED A SLOT MACHINE
But M. S. Colm Was Nevertheless
Acquitted.
M. S. Coin was tried and acquitted in
Judge George's court yesterday, on a
charge of operating a money nlckel-lu-the-slot
machine, in the saloon of John
Puog. An information against Fuog for
the same offense was dismissed, on mo
tion of Deputy District Attorney Spencer,
In order that Fuog could appear as a wit
ness against Cohn. Fuog testified that
Cohti is the owner of the machine, and
made regular trips to the saloon and
cbunted out the winnings, of which he,
Fuog, received a percentage.
Cohn, according to common report, has
at different times operated a large num
ber of nlckel-ln-the-slot machines, which
pay money prizes, in this manner. Police
Officer O. P. Church testified that he saw
the machine in the saloon, but did not
see any one playing it.
M. L. Pipes, who, with Alex Bernstein,
appeared as attorney for the defense,
asked the court to instruct the jury to
return a verdict of not guilt-, on the
ground that Fuog was an accomplice and
that, under the statute, the testimony of
an accomplice must be corroborated, and
there was- no corroborative evidence.
The statute is very plain on this point,
and Judge George allowed the motion and
gave the jury the instructions asked.
The act of 1901 prohibiting the use or
nlckel-ln-the-slot machines, provides that
the presence of a machine in a place of
business shall be considered sufficient
proof that It Is In use. Fuog, it would
seem, could have been convicted under
this section. Express wagons were seen
yesterday afternoon carrying nickel-in-the-elot
machines to various saloons. This
Is said to have been the result of Cohn's
victory.
ADVICE HE WOULD XOT GIVE.
Mr. McGinn Never Told Any One to
ItcfHse Money.
The taking of testimony In the $25,000
damage suit of Max Reiter against Stew
art & Powers was concluded yesterday,
and the arguments will be commenced
this morning.
Mr. Stewart testified concerning the ac
cident, which he said was not due to the
negligence of his firm. He told of visit
ing Reiter at the hospital, and said he
felt very sorry for him and offered to
assist him. He said Reiter thoucht he
would be able to run a lodging-house;
that he could manage to make the beds
with one arm. Reiter wanted him to pay
one or two months' rent for him. and Mr.
Stewart said he agreed to. The witness
testified further that the men at the log
ging camp took up a collection for Reiter.
and to get rid of the money he had to
donate it to the hospital, as Reiter would
not accept it.
Mr. Paxton, for the defense, asked Mr.
Stewart if Reiter did not refuse the mon
ey because his lawyer told him not to
take It
Some of the jurors and others glanced
in the direction of Mr. McGinn, who ap
pears for Reiter, causing that gentleman
to remark: "It w;asn.'t I. I never advise
any one to refuse to take money."
Mr. Paxton hastened to say: "No; it
was not you, Mr. McGinn; it was another
lawyer."
There was come further testimony that
Reiter declined to receive the money be
cause he contemplated bringing suit.
FOR DEFICIE'CV JUDGMENT.
Petition Filed ly MortRrajce Company
In Portland Savings Bank Cane.
The United States Mortgage & Trust
Company yesterday filed a petition In the
State Circuit Court, in the Portland Sav
ings Bank receivership matter, asking for
the payment of a deficiency judgment for
11999 obtained at the time of the sale of the
Commercial block. This was previously
known as the Portland Savings Bank
building. The United States Mortgage &
Trust Company held a mortgage for $140.
000, which at the time of foreclosure, sev
eral weeks ago, amounted, including in
terest, etc, to $153,76!. The mortgage
company bid in the building at Sheriffs
sale for $151,7(5. This Is where the de
ficiency judgment for $1999 comes in. The
sale was confirmed by Judge Frazer yes
terday. If this Judgment Is ordered paid
by the court, it will take most of the bal
ance which Mr. Nixon turned over to the
court when he was discharged as receiver.
J. Thorburn Ross signs the petition as
the representative of the United States
Mortgage & Trust Company, and "W. A.
Munly and E. B. Seabrook appear as at
torneys In the case
JUDGE ORDERED HIS ACQUITTAL.
No Evidence to Convict Janitor
Woodruff of Larceny.
Judge Frazer yesterday instructed a
jury to try A. "Woodruff, the former jan
itor of the Brown building, on a charge
of larceny, to return a verdict of not
guilty. This was done at the request of
Deputy District Attorney John Manning,
who prosecuted the case. Mr. Manning
stated that the evidence was not suffi
cient for a conviction, and he also In
formed the court that he had been asked
to try the case, but had nothing to do
with It previously and did not know that
the evidence was so weak.
Woodruff was charged with stealing two
old valises and a trunk, the property of
V. R. "Williams. The stuff Is worth very
little. The valises were found In a cigar
stand, where Woodruff left them, and the
trunk was discovered In his room. There
was nothing in It except some advertis
ing matter. Woodruff said he took the
property after the fire, for safe keeping.
There was no evidence to the contrary,
or that there was any Intent upon his
part to commit larceny.
Sncs to Recover Rents.
Clinton C. Palmer, attorney, yesterday
filed a somewhat peculiar suit ajraint
William MacMaster and Alexander H. Blr
rell to recover rents of property at the
foot of Madison street, situated on lots 2,
3 and 4. block 72. Jhe complaint sets
forth that two years ago David Brand
prosecuted an action against John D. and
C. H. Baker. Brand lost the case, and a
judgment was entered up against him,
and the property here described was sold
by the Sheriff at execution sale for $42.
This occurred on April 28, 1900. and Mr.
Palmer was the purchaser. Brand re
deemed the property on December 3L 1901.
MacMaster & Blrrell, it 13 alleged, collect
ed the rents from the tenants, and Mr.
Palmer demands these rents, covering the
period between April 2S, 1900, and Decem
ber 31, 1901, or from the time he bought
the property at Sheriff's sale until the
date of redemption. He avers that he
does not know what the rents during this
time amounted to, but he wants the sum
total, whatever it is.
Petition in Bankruptcy.
George A. McCord, of Oregon City, a
sawmill man, yesterday filed a petition in
bankruptcy in the United States Court.
His liabilities amount to $3914; assets,
nothing.
Court Notes.
Fred Fritz has filed an attachment suit
in the State Circuit Court against W. A.
Engle to recover $412 for goods sold.
Articles of lns'orporatlon of the Culllson
Company were filed in the County Clerk's
office yesterday by J. E. Culllson, G. F.
Brlce and L. A. Culllson; capital stock,
$30,000. The objects announced are to buy
and sell upon exchange and boards of
trade stocks, bonds, grain, provisions, etc.
May W. FIske yesterday filed suit in the
State Circuit Court against the Mutual
Reserve Fund Life Association to recover
JS500 on an insurance policy issued in her
favor to her husband, William H. Fiske.
deceased. The complaint recites that
William H. Fiske died on September 24,
1901, and that all premiums due had been
fully paid to the association. It is fur
ther stated that the defendant has ad
mitted the payments, but has refused to
pay !Mrs. Fiske more than $2000. E. and
A. R. Mendenhall appear as attorneys for
the plaintiff.
0
PERSONAL MENTION. '
4 Senator B. F. Mulkey, of Monmouth, is
at the Perkins.
X. L. Butler, of Monmouth, who for
merly represented Polk County in the
Legislature, Is at the Imperial.
T. H. Crawford, of Union, who Is In the
city on legal business, was formerly Cir
cuit Judge of the district in which' he re
sides. t
John McGulre, superintendent of the
A. & C. R. R., with headquarters at As
toria, is in the city on business connected
with the road.
A. N. Moores and R. B. Duncan, of Sa
lem, manager and foreman of the Capitol.
Lumbering Company, are In the city, look
ing up the purchase of new machinery for
a dryklln.
L. S. Doble, the well-known traveling
man for Flelschner, Mayer & Co., is con
fined to his home with a severe attack of
malaria. He hopes to be out again in a
week or so.
Ralph E. Moody, district deputy of the
Elks, has beenlnvlted to attend the Ini
tiation ceremonies of the Roseburg lodge
on January 30. He has promised to go,
and a delegation of Portland Elks will
probably accompany him.
Lafayette Williams, formerly of Salem,
but for the past 13 years a resident of
Moscow, Idaho, near which place he has
a ranch and also owns a valuable copper
mine on the Clearwater, Is In the city.
This Is Mr. Williams' first visit to Port
land In 10 years. He Is accompanied by
his wife, and they are -visiting his par
ents, who have been residents of this city
for several years.
Mrs. Benjamin Young, wife of Hon. Ben
jamin Young, of Astoria, is at St. Vin
cent's Hospital. She underwent an op
eration yesterday, which it was thought
would be a simple one. but the physi
cians discovered 6he was suffering from
a severe attack of cancer, and went no
further with the operation. The patient
is In a precarious condition, and recovery
is doubtful. The ailment is regarded In
curable. Mr. Young and Miss Caroline
Young are attending her. At a late, hour
last night the patient was resting as" easy
as could be expected under the circum
stances. NEW YORK, Jan. 2L Northwestern
people registered at New York hotels to
day as follows:
From Spokane W. nF. Whlteaker and
wife, at the Grand Union. "
From Seattle P. Hedxa. at the ImDerial.
SIMON JOB PUT UP
(Continued from First Page.)
larltles among Republican voters. He
will have all he wants to do looking after
his own party. All parties vote at the
same primary.
The judges and clerks are as follows:
Precinct No. 1 Judges, J. J. Eaglehardt, H.
C Frlsble. Jcre Bronaugh. Colonel James Jack
son, F. F. Freeman. T. J. Concaanon; clerks,
F. Wagner, A. L. Pike. Thomas Carlson, S.
Jordan. H. O. Kapus, Edward Maher.
Precinct No. 2 Judges. Peter M. Schrlner. J".
P. Crowson. S. A. Murhard. O. Munson. Charles
B. Hand. Jacob Krimble; clerks. R. R. Rich
ardson. E. Harold. M C. Davis, N. Jacobson,
J. Stanton, Frank Smith.
Precinct No. 3 Judges. O. J. Groce. E. Gor
don. Charles Petraln. H. H. Rayburn. J.. W.
Todd. C W. Brune; clerks. William Ellwangcr,
F. L. Young. P. G. Nealond, R. B. Jacks, H.
B. Stout, J. Beatty.
Precinct No. 4 Judges. George Wilson,
Charles O. Slgglin, George Walters, S. M. B&rr,
George Hartness, P. Crowley; clerks, T. S.
Wells, C G. Cran, Frank Kieman. F. J. Pe
terson. Ira Cooper, George W. O'Farrell.
Precinct No. 5 Judges, A. I. Haasler. George
W. Hoyt. Thomas Whalen. R. J. Hendrle, Rob
ert O'Neill: clerks. John S. Roice. W. C. Law-
rence. Henry Hlokey, Clyde Bins, It. B. how
i ard. Jr.. J. B. Ryan.
irecinct ro. e Judges, t. e. waiiace. u. r.
W. Quimby, F. Dresser. Dr. J. B. Roth. M.
Relnsteln. D. J. Maher; clerks. Edward Swee
ney. W. E. Francis. John J. Casparay. Louis
Wise, Joseph Schade, Matt Foeller.
Precinct No 7 Judges, R. Gllsan. A. L.
Mills, J. F. O'Shea. Henry W. Fries, Walter
F. White. Hicks C Fenton; clerks. O. B.
Stubbs. Mark W. Gill. D. W. Crowley. Robert
Lewis, Walter B. Honeyman. Henry Teal.
Precinct No. 8 Judges, J. H. Woodward. O.
H. Anderson. W. L. Brewster. Ralph Feeney,
J. Mlnslnger. J. N. Teal; clerks. T. H. McAl
11s, R. C Hart. J. T. Concannon. Joseph Bar
rett. John D. Carlson. A. King Wilson.
Precinct No. IV Judges, Peter Eales, William
Kuckenberg. H. Case. Louis Coulter. John
McKenzie. T. J. Uhlman: -clerks. M. M. Bur
dlck. W. F. McGllvray. John McEntee. Harry
Sheridan. H. C Bohlman. George Dunning.
Precinct No. 10 Judges. George L Jubltz,
Paul Labbe James Dowllng. Robert E, Case.
William Pfundcr, William Donovan; clerks. S.
erthelmer. W. F. Day. E. C. Protsman,
William Kaufman. George A. Holman, Al
Moserly.
Precinct No. 11 Judges. D. Cavanaugh. John
Clark, C. A. McCale. E. G. McKay, Phil J.
Kerrigan. William Foley: clerks. W. L. Bent
ley. A. H. Griswold. George Tuttle. Harry E.
Day, Alfred E. Frcedman. M. Dougherty.
Precinct No. 12 Judges, C. S. Mortimer.
Charles Banfleld, Isaac Lawler, Fred Hamlin,
P. E. Brigham, L. Stark; clerks, A. O. Jones,
P. F. Du Flon. W. E. Thayer. E. B. Hyatt. A.
T. Smith. William Maher.
Precinct No. 13 Judges. John McCraken. R.
O. Gllllland. E. J. Jefrery. Walter J. Honey
man. Frank Townsend, Paul Wesslnger; clerks,
C. R. Templeton. W. B. Streeter. Otto Stark,
R. Prager, H. C. Eckenberger, B. L. Norden,
Jr.
Precinct No. 14 Judges. G. H. Wemple, J. N.
James, H. B. Compson. J. H. McKlbben, John
E. Sisson. F. T. Berry; clerks, W. A. Alger,
C L. Gather. G. J. Blodgett. Ralph Crysler,
E. M. Graves, G. W. Ryan.
Precinct No. 15 Judges. G. E. Holman. T.
W. Cuthbert. M. J. Clohessy. C. F. Pearson.,
L. B. Seeley. John Kieman : clerks, George M.
Healey. E. F. Riley A. E. Keith, Leslie M.
Scott. OFcar Cox. Henry Gray.
Precinct No. 18 Judges. O. F. Paxton. B.
B. Bcekman. John M. Gearln. C. B. Farle
man. L. S. Rathbun, Frank Schlegel; clerk.
A. J. Marshall. W. H. Dedman. Jr.. G I.
Smith, A. Graham, W. H. Carter. John Cole.
Precinct. No 17 Judges. E. Everett, David
Goodsell. F. W. Whltwell, J. B. Slemmons.
Eno Swan. T. T. Struble; clerks. Henry Aus
tin. V. A. Fryer, J. H. Jones. E. R. Chamber
lain. J. A. Arment, J. S. Morgan.
Precinct No. 18 Judges. R. S. Farrell. H.
Sutcllffe. John Burke. S. Blumauer. Jr., G. E.
Wlthlngton. John Garnold; clerks, H. F. Es
tes. E. W. Qulmhy. Frank Efllnger. Charles
Franklin, G.M. Frazler, Dr. T. L. Nlcklin.
Precinct No. 10 Judges. H. H. Northup.
John Dukehart. J. W. Grass!. Julius Kraemcr.
George T. Myers. B. G. Whltehouse; clerks,
F. S. Bennett. Walter Wolf. George F. Hol
man. E. G. White, F. G. Buffum. Seth Catlln.
Precinct No. 20 Judges. Pierre de S. Olney.
Wallace Holllngsworth. E. King: clerks. C. T.
Llndsley, A. M. Haradon. Raleigh Trimble.
Precinct No. 21 Judges, H. P. Emery. John
Mathlesen, James Wagner. Philip Strlb. F.
M. Olds. J. C. Dupree; clerks. J. M. Graves.
John Ahlstedt. Leo Havelink. Jesse L. Walter,
J. H. Clarke. Henry Gurr.
Precinct No. 22 Judges. William Braden,
Robert Austin. W. J. Klrkwood. Isaac Fried
man, J. W. Harper. L. C Unger: clerks. H.
Sadschlag. C M. Richards. J. Sechtem, C. E.
Kloh. Rudolph Canuto. John Montag.
Precinct No. 23 Judges. R. P. Cardwell.
Francis Sealy. L. Swett. J. A. Wendorf. O. E.
Wilson. E. McPherson; clerks. M. Rogoway, J.
Hickman. J. M. RIcen. E. J Jones, A. E.
Gebhardt. J. L. Walter.
Precinct No. 24 Judges. R. K. Warren. S. W.
King. C Rockwell. E. S. Jackson. F. K.
Arnold. Samuel Mooney; clerics, Charles Boyce.
James Steel. W. P. Adams. L. H. Buddemer.
Phil Gevurtz. Edward Dyer.
Precinct No. 25 Judges. A. Moltzen. Tyler
Woodward. N. Clausenlus. F. H. Alllston. J.
R. Kaser. Thomas Greeni: clerks. C. C Smith.
W. J. Corcoran. C H, Labbe, Alois Harold. G.
S. Jackson.
Precinct No. 20 Judges. R. Williams. E. C
Burns, W. W. Jaques, W. C. Dunlway. Thomas
.O'Day; clerks. W. L. Murray. W. S. Holman,
Joseph Gibson, L. Gerllnger. Jr.. M. Bloch.
Precinct No 27 Judges. J. C. Sauvaln. L. f.
Chemln. A. Noltner. W. C. Seachrcst. William
Sinclair. Thomas Duffy: clerks, R. Martin, Jr.,
W. H. Chapln, T. G. Harklns, R. H. Hurley,
W. E. Day. Fred-Noltner.
Prclnct No. 28 Judges, J. C Bayer. J. Bar
bey. Seneca Smith. Dr. F. I. Ball. W. T. Mulr.
Dell Stuart: clerks. G. Anderson. C H. Gay
lord, Frank Le. E. T. Taggart. F. E. Wat
kins. J. P. Burkhart.
Precinct No. 23 (only one set named) Judges.
Blaise Labbe, H. D. Ramrdell. F. E. Beach;
clerks, H. N. Scott, D. F. Dryden, H. B. Nich
olas. Precinct No. 30 Judges. N. Clark. G. S.
Livingstone. D. W. Taylor. L. L. Hawkins. P.
Ncu. B. D. SIgler; clerks. M. Pratt. W. I. Cot
trell. B. Fink. J. A. Boyce, C. L. Fay, Charles
Baxter.
Precinct No. 31 Judges, William Fltedner. G.
Langford. Joseph Sabel. Thomas E. Hulme.
J. Dudley. J. P. "Wager: clerks, F. B. Harring
ton, F. C Hoecker. R. A. Sehmalz. J. T.
Stoneroad. Albert Gran. Fritz Abendroth.
Precinct No. 32 Judges, L A. Whltcomb. L.
L. Oviatt, C J. Snabel. G. W. Gordon. Peter
H. Ward. E. J. Hyland: clerks, M. Pugh, W.
S. Hale. A. F. Smith, C. C. Braman. W. D.
Smith. W. G. Smith.
Precinct No. 33 Judges. J. M. Underwooa.
J. H. MIddleton. Dr. E. Barton. G. W. Ogden.
Edward Ryan. M. F. Miller; clerks. Henry
Moore. George H. Hlmes. Charles Herrall, J.
C. Potter. Glen Foulkes. P. G. Miller.
Precinct No 34 Judges. R. C Prince. Exank
Vllet. V K. Strode. P. W. Lewis, A. R. String
er. H. W. Parker: clerks. A. H. MacGowan,
D. H. Stearns, G. W. Allen. A. A. Courtney.
E. B. Colwell. Thomas Schneider.
Precinct No. 35 (one set) Judges. A. C Loh
mlre. J. E. Courtney. W. T. Burney; clerks,
P. Shepard. J. D. Lltherland. W. J. Blanchard.
Precinct No. 38 Judges, E. A. Austin. E. L.
Corner. D. M. Donough. R. D. Leaman. C. K.
Burnslde. F. C. Sell wood: clerks. Charles F.
Petsch. W. R. Chapman. O. H. Wnllbcrg. W.
S. Curtis. Seth Willi.', G. W. Ruefner.
Precinct No. 37 Judges, W. C. Brown. An
tone Gerde. D. Shtrrett. James Lugg. O. G.
Downing, P. A. Preston: clerks, Norman Dar
ling. R. H. Nelson. J. F. Brady. S. A. Mc
Farland. F. G. Urfer. J. K. Havely.
Precinct No. 38 Judges. David Painter. S. G.
Richardson. James Bruce, James Ruddlman.
J. W. Ogllbec. Andy Cllft: clerks. O. D. Thorn
ton. John Wolff. Ben Camnbell. W. C. Morrow.
Charles E. Sprague. E. E. Glnty.
Precinct No, 39 Judges. W. R. Bishop. W.
W. Tjrry. Frank Bennett. James Olsen. J. E.
Smith. M. Harris: clerks. C B. Sewell. John
H. Olsen. Ed Krlnlck. Frank Melvln. George
Robertson. Peter Van Hoomlson.
Precinct No. 40 Judges. Perry Tomllnson. H.
N. Merchant. E. B .Seabrook. J. R. Gil strap,
M. J. Morse. G. W. Harder: clerks. Frank
Russell. H. C Smith. W. A. Munly. F. D. Bo
gart. G. W. Kern. A. Van Hoomlson.
Precinct No. 41 Judges, E. Martin. Jacob
Derkenbach. B. B. Acker. John Shogren. Jo
seph Stampfer, C K. Raffetv: clerks, J. M.
Wood worth. Charles A. Gcll, William J. Lyons,
L. J. Breslln. W J. Hawes, Frank Logan.
Precinct No. 42 Judres. A. T. Lewis. J C.
Roberts. R. F. Avers, E. G. Clark. H. D. Kll
ham. F. W. Torgler: clerks, C ABell. Emery
E Schmeer. Valentine B'own. Wilson Beneflel.
William P .Crandall. B. Fallows.
Precinct No. 43 Judges. H. V. Welch. H. F.
Tates. J. P. Worth, J D. Mlckle. J. H. Heus
tls, T. J Hammer: clerks. J. J. Staub. C. F.
Rlchardslon. M. A. Raymond, R. W. Reynolds,
E. O. Royal. Leroy Donough.
Precinct No. 44 Judges. R. R. Ball. J. Mer
rlman. G. R. Matthes. L. P. Hosford. T. J.
McNamee. A. Kadderly; clerks. H. S McCor
mlck. George A. Beck. Ed Welter; Ernest
Carse. R. B. McClung. H. B. Dyer.
Precinct No. 45 Judges. R. Clinton. E N.
Wheeler, David Cole. G. M. Scttlemeler. Felix
R. Nell. T J. O'Brien: clerks. Chs-les Davis.
J. G. Reddlck. D. J. Beakey, E. J. Brigham,
J. F. Hawkes. A. P. Nelson.
Precinct No. 40 Judges, W. T. B. Nicholson,
T. A. Kindred. D. Parrott. E. M. TucV,r.
Vames McKlnley. S. E. Holcomb: clerks. W.
T. Gardiner. K. schmeer. M. D George, J. m.
Lewis, Alfred Culpan. Dan Welch.
Precinct No. 47 Judges. C A. Cogswell, El
bert Alger. William Reldt. A. H. Breyman. F.
McMahon. John Vanzante; clerks. J. Thomas.
George Fuller. Thomas Varwlg. M. Alger, F.
L Olsen. Louis Nlcolal.
Precinct No. 48-Judges, Henry Berger. C
F. Welgand. M. D. Wisdom, E. J. McKlttrlck,
Frederick Glafke. Jr.. Ben F. Hedges; cWka.
E. W. Amesburv. H. M. Carlock, Charles
Steele. H. S. Tuthlll, H. La Dow. G. G. May
ger. Precinct No. 4l Judges, Robert Warwick.
James Shaughnessy. L R. Houfton. Frank La
Dow. James Rogers. Archta Trites; clerks. F.
W. Funk. A. F. Gordon. Fred Reuche, James
Burch. Chafles Rogers. H. A. Stildt.
Precinct No. WV-Judges, James M. Crlder, C
E. Hill. J M. Farmer. A. C Bachrodt. W. P.
HIckam. W. F. Barn: clerks. J. H. Davis. H.
D. Camlne. Ernest Kroner, J M. Plttenger.
James Handlan. George W. Butler
Precinct No. 51 Judges, E. E. Miller. A. M.
Brown. F A. Watts. Charles Orr. L. B. Cot
tlngham, W. A. Bldeout: clerks. William Den
ny. R. E. Menefee. John Bartosch. Edward
Woodard. F. C Drews. F. T. Davis.
Precinct No. 52 Judges. W. G. Woodard,
W. N. Jones. M. G. Munly. B. E. Llpplncott,
J. T. WhalleyA. F. Velguth: clerks. E. C.
Marten, O. N. Plummer. R. P. Graham. W. H.
Braden. W. H. Walker. Newton McCoy
Precinct No. 53 Judges, J. T. Thomoson. Pe
Ur Hanson. J. C Thomas. O. D. Wolfe. W. M.
Killlngsworth. E. J. Halght; clerks. E. W.
Rowe. R. Whiting, a P. Halght, J. F. Hill.
H. Manson. V. S. Ogle. ,
Precinct No. oJudgea, A. J. Freeman. W.
M. Tuttle. George Esterbil. J. R- Truman. "V.
H. Goddardr Louis Stopper; clerks. F. W.
Moore, Carl Applegrecn. R. L. G. Wiser, E. C.
Blackwood. William Roland. E. S. Eller.
Precinct No. 55 Judges. J. R. Swlnton. A.
E. Cadwell. W. T. Vaughn. Samuel F. Scott,
M. Billing, M. L. Duff: clerks. George S.
Hamilton. A. H. Burton. R- H. Connall. Henry
Fleckensteln,. Charles M. Morgan, J. H. Rich
ards. Precinct No. 58 (one set) Judges. E. N.
Deady, R. A. Whitney. D. V. Hart: clerks. G.
Baechler, D. B. Morgan. J. Mock. Jr.
Precinct No. 57 (one set) Judges. F. P.
Walker. Thomas Hollister, Johnson White;
clerks, William Bsgley, C .A. Lewis, A. J.
F. Bowman.
Precinct No. 58 (one set) Judges, S. A. Ful
ton, C H. Thayer. C. J. Anderson: clerks. C
H. Glos, J. Henry Smith. Robert Catlln.
Precinct No. 69 Judges. J. S. Rathbun. Mil
ler Murdock. N. A. Peery. O. F. Botkin. D.
W. Walker. Ira Dennis; clerks, Frank Fields,
A E. Hacker. Percy P. Dabney, F. W. Morris,
F. Prasp. Willis Potter.
Precinct No. 60 (one set) Judges. W. S.
Falling, W. M. Patterson. George C Johnson;
clerks. George Hammond, Woodstock; Albert
P. Vail, South Mount Tabor; Joseph McMahon,
Richmond.
Precinct Vo. 61 Judges, William Deveny,
W. G. Smith. D. W. Butler, L. R. Lewis. Ira
Hutchlngs. Thomas J. Pollock; clerks, Henry
Frecborovgh. D. E. Hull. E. I. Barnes, Frank
Higglns, F. E. Burdlck. J. D. Henry.
Precinct No. C2 (one set) James H. Douglas.
G. R. Shaw. John Brown: clerks, I. li. Bur
ton. George Bamford, G. L Curry.
Precinct No. 63 Judges, Charles Cleveland,
W. Hamilton. John Buckley. G. W. Kenny, J.
D. Rigner. Charles Merrill: clerks, H. R.
Wlnchell. D. W. Metzgef? James Rltchey.
James Dixon. E. L. Thorp. W. J. WIrtz.
Precinct No. 64 Judges, H. H. Wright, J. S.
Otis. John Sleret, F. E. Harlow. D. D. Jack,
C. E. Edwards: clerks, P. H. Roork. R. Lar
son. W. M. HUlgard. W. 6. Woods. George
Blackburn, H. B. Chapman.
Precinct No. 65 (one set) Judges, E. D.
Chamberlain, H. B. Perkins. Sylvester Evans;
clerks, F. N. Lasley, Albln Floss, L. H. Rlck
ert. Precinct No. 00 Judges. B. F. Preston, H. A.
Latourelle. W. R. Maffett, M. F. Dixon. Henry
Thompson. D. O'Keef: clerks. H. H. Bradley,
George Haines. Newton Courter. F. Flos, W.
R. Hutchinson, William Wash.
Precinct No. 67 (one set)-Judges, M. Cran
dall. T. L. Falkenberg. S. Chase: clerks. S.
T. Elliott. Sumner Smith. S. Kinsman.
Precinct No. 68 (one set) Judges. James
Thomas. H. C Edmanon. John Sharp; clerks,
Otto Hoffman, Chris Zerbrook, Samuel John
son. Precinct No. 60 (one set) Judges. T. H.
Prince. H. Hanson. J. D. Kelly; clerks. H.
Hewitt. O. F. Cooke. R. H. Love.
Precinct No. TO (one set) Judges. Fred
Brand es, D. Legger. C. E. Ladd: clerks, H. A.
Dledrlcks, Jesse Helam, L. A. Leger.
CANNOT ACCEPT BOND.
City Has Xo Authority, Saya City At
torney Long.
In response to an inquiry from Mayor
Rowe, City Attorney Long rendered an
opinion yesterday to the effect that the
city is without authority to accept the
maintenance bond offered by the contract
ors for the proposed improvement of
Fourth street, Mr. Long held that the
bond would Involve the city In litigation,
"In which it will lose, and tie up the
street for several years."
The question regarding the bond was
originally brought up by W. D. Fenton,
attorney in fact for Ida M. Church, who
owns a piece of property on Fourth and
Salmon streets. In his remonstrance Mr.
Fenton said:
First In my opinion, no adequate and suffi
cient bond can be given by the contractors
that will Inure to the benefit of the abutting
property holders, for the reason that the law
does not contemplate a maintenance bond, and
for the further reason that It Is always an
easy matter for sureties to escape liability upon
some alleged waiver or violation made by the
city, and for the further reason that the
property holders cannot themselves become par
ties to such bond, and would be In no position
to enforce Its obligations If there should be a
breach. The protection Is merely theoretical,
and not efficient or practical.
Second The contemplated Improvement, sup
plemented by the so-called surety bond. Is an
experiment which in this climate will be doubt
ful and expensive. In my Judgment. Repre
senting a taxpayer expected to be called upon
to pay practically the cost of a first-class as
phalt pavement, I think it Is a grave mistake
upon the part of the authorities to be tempted
by a maintenance bond to put In a second
class Improvement, especially when such main
tenance bond Is, In my Judgment, a mere In
ducement, and not actual protection.
Third I own property on Sixth street. That
Improvement has been there for several years,
and at an expense of about $3000 was repaired
about 18 months ago from Morrison street to
the ynlon Depot, and is today in as good con
dition as it was when It was first constructed,
excepting where It may have been neglected
or misused in the northern extension of the
street. I have no Interest In any controversy
between any rival contractors, or the promoters
of any special class of Improvements, but
speaking for the owner of the lot on Fourth
street mentioned. I seriously object to being
compelled to pay as much as a permanent Im
provement would cost and to take the prom
ise of a surety company that the improvement
would last for 10 years. A first-class Improve
ment with reasonable repairs ought to last an
Indefinite length of time, and we ought not be
compelled to rebuild a street every six or seven
years, especially when we are asked to pay
for a doubtful Improvement under a doubtful
bond $1 SO per square yard, when a tried
Improvement, under proper construction, would
only cost $1 00 per square yard.
The matter was brought to the attention
of Mayor Rowe, and he referred It to City
Attorney Long, the forme of his Inquiry
being:
Will you kindly advise me. at your earliest
convenience whether or not, in your opinion, a
bond can be given by the contractors in main
tenance or the proposed Improvement for a
period of 10 years, which will fully protect the
property owners?
To secure the information wanted, Mr.
Long examined the charter, and the de
cisions of various courts, stated the rights
of the Common Council and the Board of
Public Works, and then said:
The Supreme Court of this state In Portland
vs. Bituminous Paving Company, holds that
the Common Council Is not authorized to make
repairs until there Is a present necessity for
them: that entering into. a contract for repairs
In advance Is ultra vires, and that assess
ments against property to meet the expenses
of such repairs as are required by an Illegal
contract are void.
This question was again before the court In
Allen vs. Portland, and was argued by myself.
In this jase, we distinguished between a repair
bond and a bond guaranteeing the quality of
material and character of the work as pro
vided In the contract, and the court In the
latter case distinguished the former bond case
and held the bond in the Allen case good; but
the court says distinctly that a bond of that
character Is only a bond guaranteeing tne
character of the work and the quality of ma
terial, and that to undertake to provide for
anything further Is void.
The proposition narrows Itself down to the
question as to whether such a bond can be
taken as a part of the original transaction,
and I am of the opinion that such a bond
would not be legal, the property owners would
not be protected, and that the obligators would
escape liability. As I understand from you,
and quite a large number of property owners
who have appeared before me Mr. Ladd, Mr.
Fenton and several others the theory upon
which people were Induced to sign the petition
for this Improvement was that a maintenance
bond could be taken under which they would
be protected and the street kept In repair for
10 years: that otherwise they are not In favor
of this class of improvement. I have to advise
your honor that to me It Is free from doubt,
and that the city Is without authority to take
such a bond.
There have been two sessions of the Legisla
ture since the bituminous paving case, one at
which the charter was amended, but the same
provisions. In substance, were left In as were
in the old charter under which the bituminous
paving case was decided. There has been one
session since the Allen cas,e. There has been
no effort on the part of the Legislature to
modify these decisions, and the re-enactments
are the same as the old laws.
Therefore. It seems to me that there can be
no responsibility upon any officer of the city
for this condition of affairs, and that the only
protection that the property owner has Is the
eternal vigilance of the Inspector, who must
see that the pavement is laid down according
to contract. A bond of maintenance Is no pro
tection, because- It is void. I. therefore, advise
you that the city Is without authority under
any circumstances to take the bond. It would
be ultra vires and void; and that, as the 'signa
tures to the petition were secured under such
a representation, the ordinance should not be
passed. For If It Is. It will certainly Involve the
city In serious litigation. In which It will lose,
and tie up the street for several years.
i
The Spokane flyer leaves Portland dally
at 6:15 P. M-: arrives Spokane following
morning at 9:50. This is the favorite
train with everybody for Eastern Wash
ington and Coeur d'Alene points. Ticket
office Third and Washington streets. O.
R. & N. Co.
t
Dr. Sanford'a Liver Invlgorator.
The beat liver medicine. A vegetable cure for
liver Ills, fclllousaess. Indigestion, constipation,
m&larla.
TO WORK FOR OPEN RIVER
THE CHAMBER. OF COMMERCE DIS
. CUSSES SE.VDIXG DELEGATE.
TraHtecs Consider Choice of Oregon
Representative at Washington
lresldent Authorized to Act.
The question of appointing a representa
tive of the Portland Chamber of Com
merce to work for an open river at Wash
ington came up before the meeting of the
board of- trustees at the meeting yesterday
morning. President Mears was given full
authority to appoint the Oregon delegate.
A letter was received from E. H. Nlbley,
president of the Cbmmercial Club, of
Lewiston, Idaho, in regard to the pro
posal. Said Mr. Nlbley In part:
"With reference to the matter of a citi
zens' delegation In Washington. D. C, to
work for the open-river movement, we
have not yet been able to persuade Mr.
C. F. Adams, jf Boston, to take the mat
ter up this Winter. I know he Is very
busy, and I know also that he will do
this if he can. If the representatives of
Oregon and Washington be of similar
prominence, it might have a favorable In
fluence in deciding Mr. Adams. There
fore, wm you inform me as soon as pos
sible who- are to be such representatives.
Mr. Adams has a very high opinion of
Mr. H. W. Scott, and also of Mr. Cor
bett. I would be glad to know that either
of these gentlemen is to represent you."
In a general discussion which followed,
W. B. Ayer said the Chamber of Com
merce should send delegates to Washing
ton, D. C, if other bodies in Washington
and Idaho would do the same. He
moved that the matter be referred to
President Mears, with power to act.
In reply to questions, Henry Hahn, ex
president of the board of trustees, said
Mr. Scott and Mr. Corbett were desirable
men as delegates, but he did not know If
the former had time to attend to the
work. C. W. Fulton, of Astoria, was a
very good man, and if asked to go to
Washington he might consent and might
do good work for the state.
Put to a vote, Mr. Ayer's motion was
carried.
The proposed amendments to the inter
state commerce law were brought up be
fore the Board of Trustees of the Cham
ber of Commerce yesterday, in the form
of letters from Secretary Bacon, of the
Interstate Commerce Law Convention,
and Secretary Barnard, of the Pacific
Coast Jobbers' Convention. Mr. Bacon's
letter was a cool answer to the Chamber's
proposition. Mr. Barnard said there
were some reasons for not pressing the
amendments at present.
The interstate commerce matter was
taken up by the Chamber some time ago.
The executive committee of the Interstate
Commerce Law Convention asked the
trustees to indorse some of the proposed
amendments to the Interstate commerce
laws. In reply the Chamber requested
the Oregon delegation in Congress to sup
port the amendments only so far as they
benefited the Pacific Coast, and recom
mended that the country be divided into
five districts the Atlantic Coast, the Pa
cific Coast, the Great Lakes, the Gulf of
Mexico, and the Missouri and Mississippi
Valleys and after getting the President to
appoint one member of the Interstate
Commerce Commission from each district.
Word to this effect was sent to the Pacific
Coast Jobbers' Association. Secretary
Bacon said In reply:
"The bill has been so drawn that it is
equally applicable to all sections of the
country, and its passage Is of equal inter
est to all, and it Is meeting with general
support from the entire country. If the
influence of the various commercial or
ganizations is brought continuously to
bear upon members of Congress from their
respective localities, the early passage of
the bill can be confidently expected, and
I hope each organization interested in tne
movement will see to It that its influence
continues to be exerted in this direction
In every possible name.
"l Is certainly unfair to the Pacific
Coast and detrimental to the effective
working of the commission Itself that
there should have been no appointment
hitherto made on the commission from
that Important section of the country."
Secretary Barnard's letter was as fol
lows: "I am Instructed by the executive com
mittee to state that while they favor some
amendment In the Interstate commerce
act, shown by experience to be advisable,
they would prefer that no amendment be
made during this session of Congress, "un
til the traffic conditions affecting impor
tations to the Orient, and particularly to
our new insular possessions, are better
understood, as there is every probability
that foreign competition to our new pos
sessions will develop interests that njay
require large discretion in the commis
sion, so that the freight rates may be
clastlcally treated. It is assumed by our
executive committee that no harm can
be done by postponing action on the pro
posed bill until the next session of Con
gres, when It will no doubt be possible to
operate on amendments working with
equal advantage to the -Middle West and
the Pacific Coast."
The letter was placed on file.
A letter was received from H. M. Cooper,
of Independence, stating that he knew of
a mountain of glass rock within easy dis
tance of Portland. The rock, he said, was
fit for glass manufacture, and could be
melted by rolllnc a burning log over It.
The letter was referred to the committee
on manufactures.
A communication was received from
Commander W. R. Day, Lighthouse In
spector, United States Navy, stating that
the Lighthouse Board at Washington had
authorized him to discontinue all buoys
that are constantly being dragged out of
position by rafts. He will carry' out his
orders In the future. He suggested that
In the interests of all persons engaged Jn
shipping, laws be passed by the Legisla
ture regulating the length of rafts and
the motive power; also that regulations
be made that the masters of towing ves
sels will respect.
New members were elected as follows:
The G. Heltkemper Co., the Fred T. Mer
rill Cycle Co., Alvln S. Hawk & Co.. the
Smith & Watson Iron Works, Otto Scnu
mann, J. A. Melton, Pacific Tent & Awn
ing Co.. the California Powder Works, J.
C Flanders, and the Eilers Piano House.
The committee on navigation was not
prepared to report, and. In order to re
ceive and consider this report at the earli
est possible moment, the board adjourned
to meet at the call of the chair.
STATION A WILL REMAIN.
So Reported to Posa Club Last Msht
President Fenfon's Remarks.
An Interesting meeting of the East Side
Improvement Association was held last
night In the office of Justice Vreeland.
East Morrison street, W. D. Fenton.
president, presided. Owing to the press
of other important matters the business
wu
If your washing medium does that, what matters
Its cheapness or its working power? Is it safe?
n
' 4- Aneis tne nrst tning. dome imitei-
Xi'"" tions of PEAR-LINE eu-e not stxfe.
.-g,tvtt They eat the clothes, slowly, but
I . vtfBSX
jf.
U
Pearline Best eveJyTest
FATAL ECONOMY.
VERY old maxim declares that it isn't econ
omy to pick up pins ; the time is worth more
than the pins. Similarly it is not true econ
omy to do without Ivory Soap; your health
requires the daily removal of the bodily excretions
which are discharged through the pores of the skin.
These tiny moutns must be kept open, and they
should be opened only with a pure soap.
IVORY SOAP 99i& PER CENT. PURE.
COTBiOMT IMt IT TMC
Try The H-0 Co.'s Cornstarch
for blanc mange, custards, etc
Hf (Hornby's Steam Cooked
"" Oatmeal) is the highest
achievement in breaks
fast foods, the responsible foundation
of the present health of thousands of -.
people all over the world
for the evening was light. In was re
ported that the express office would bo
retained on the East Side with added fa
cilities, in response to a petition from
the association and business men.
W. L. Boise made the Important an
nouncement that postal station A. which
there has been talk of abolishing, would
not only remain, but would be enlarged
and removed to Grand avenue. The
present quarters would be retained till
October, at which time new quarters
would be provided, negotiations for the
same having been opened. Mr. Boise
also reported that good progress had been
madeln the preliminaries to making fills
west 'of Union avenue. At the next
meeting of the association some definite
Information would be had. Mr. Boise
said that the filling of the streets was
highly important.
Dr. Josephl called attention to the bad
condition of the crosswalks on the East
Side. He thought that something should
be done toward having them kept rea
sonably clean. The matter was referred
to H. H. Newhall, chairman of the street
committee. ,
It was reported that the matter of the
widening of Hawthorne avenue between
Ea3t Twelfth and East Twenty-first
would be accomplished, as the Ladd es
tate had consented to the widening. When
widened Hawthorne avenue will be 70
feet wide straight through from Madison
bridge to Mount Tabor, and will be one
of the finest streets in the city.
Membership of the association was re
ported at 360.
Mr. Fenton said that as far as his ob
servf tlon goes, there was great good
coming from the work of the association
and front all the organizations that had
been started in the city. These are some
of the means that are helping the city.
He said that already the proposition to
hold a Lewis and Clark Exposition has
made known the fact that Portland la
on the map. Tons of printers' ink ha
been scattering the Information far and
near. Tht Southern Pacific will place
1000 new families in the Willamette Val
ley this year, and has made a $25 rate
from the East for Uiis purpose. The
advertising, said Mr. Fenton, that Port
land and the state has received this year
is worth more than $500,000, and he looks
for an extraordinary increase in the
Northwest in point of population.
Becquerel finds that radium rays de
stroy the germinating power of seeds.
"ALL WSWnT-FO M0SE THAN HALF A CENTURY"
. Pouejses all the sedattTo and -nodyne qualities of
Oplur- hat vrotaees no tlrxnes of the stomach. In
acute i.-rrous disorders It Is an lnraloable Itemed j".
K -commended by best Physicians everywhere.
WRlQUrS INDIAN VEaETABLE PILLCO.,NeTrYo.
Eescts Cloth.es.
surely. Don't experiment. You are
sure of PEAR.LINE ; stick to it ; it is
standard, tested, proved, by yeaxs of
use &.nd millions of women. 638
rttOCTKR A OAMRIC CO ClMClNMATI
DR.BURXttABJ'SWXDERFULOFFW
1 30 Days' Trea
The fame of Dr. Burkhart'a Vegetable Com
pound Is proclaimed by all civilized nations be
cause It positively cures Kidney, Liver, Stom
ach, and Female Diseases. Sick and Nervous
Headache. Pains In Back, Blotches or Pimples
on Faco, Coated Tongue, Rheumatism and La
Orlppe. 10 days' trial free. All Druggists'.
DR. W. S. BURKHART, Cincinnati, O.
Th
Egyptiaun
of Quality
At jovt dab or dealer
THE
CLEANSING
AND HEALING
CURE FOR,
CATARRH
is -
Ely's Dream Balm
Easy and i pleasant to
nse. Contains no In
jurious draff. "
It is quickly absorbed.
lGhres Relief at once.
ft.n..-. ,i sm A
SLSag; COLD lh HEAD
Heals and Protects' tho Membrane.' Beatores tho
Senses of Taste and SmelL -Large. 8iw, 60 cents :
Trial Size, 10 cents, at Drntxisu or by mall.
ELY BROTHERS, 58 Warren Street, New York.
TO CURE DANDRUFF.
It la KeceMRry That the Dandrnfl
Germ Be Eradicated.
"Destroy the cause, you remove the
effect." Kill the germ that causes dan
druff, falling hair and baldness, you will
have nj more dandruff and your hair
must grow luxuriantly, Herplclde not
only contains the dandruff germ destroy
er, but it is also a most delightful hair
dressing for regular toilet use. No other
hair preparation is on this scientific ba
sis of destroying the dandruff germ, and
none other claims to be, for the simple
reason that it Is only recently that a de
stroyer of the germ has been discovered
JJewbro's Hernlclde. the onlv hnfi- nT-on-
J aration that actually kills dandruff.
Afc. "I? Pems. ry WM x3k
A jf f
CffTARgH