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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 28, 1902)
THE MOENING OBEGONIAN, TUESDAY, JANTJAET 28, 1902. OPINIONS IN FOUR CASES SUPREME COURT RENDERS THREE AFFIRMING DECISIONS. Remarriage of a Divorced "Wile Af fords Strong Ground for Dis continuing; Alimony. SALEM, Or.. Jan. 27. The Supreme Court today handed down four opinions In appealed cases. In three of which the decisions of the lower courts were af firmed. The principal points of law de cided are briefly as follows: "When a Constable receives money from a Judgment debtor, upon an agreement that the money shall not be applied to the Judgment, but shall be held pending an appeal, the Constable's bondsmen are not liable if the Constable converts the money to his own use, and does so In his private capacity. Under the laws of Oregon, and especial ly the acts of 1S99 and 1901. surety com panies aro competent sureties on appeal bonds. In order to support a conviction of forc ible rape, it must be shown that the fe male made actual, honest and bona fide resist once; that she did not consent, and that she resisted as best she could, but it need not be shown that she resisted "to the full extent of her ability and strength." "When permanent alimony is granted a wife for her maintenance the amount may subsequently be changed or entirely cut off as changed circumstances may war rant. Where a wife secures alimony It should be cut off when she marries another man, able to support her according to her station in life. Francis Feller, appellant, vs. John H. Gates et al., respondents, from Marlon County, George H. Burnett, Judge, affirmed; opinion by Justice Moore. This was an action to recover from a Con stablo and his bondsmen the sum of $126 40, alleged to have been received by virtue of hla office and converted to his own use. Gates was Constable at Woodburn, and VV. Corby and Li. w. uuiss were nis Donasmen. in an action In the Justice Court Angle L. Feller obtained a Judgment against Francis Feller for $110 40, and an execution was Issued and placed In the hands of the Constable. Gates was about to seize property to satisfy the Judgment, when Francis Feller proposed that he would pay into the hands of the Constable $120 40, to cover the Judgment and costs, this sum to be held by him pending an appeal, and not to be applied to the Judgment. After the appeal had been taken. Feller won his suit In the Circuit Court, and then went to Gates for -a return, of his money. Gates would not return the money, and suit was brought by Francis Feller against him and his bondsmen, on his official bond. Feller alleging that the money was received by Gates In his official capacity. The bondsmen set up as a defease that the money was not received by Gates In his official capacity. Judge Burnett took that lew of the case and dismissed the action so far as the bondsmen were concerned. Feller then appealed to the Supreme Court, where the lower court was sustained. Tho opinion says In part: "The promise of the Constable to repay the money upon the performance of the stipu lated condition necessarily shows that It was not received even under color of office, for to render' the payment a collection under color of office, the party making It must part with the title to the mony, relying upon the right of the officer to receive it in trust for the adverse party. It is conclusively shown that the plain tiff herein did not Intend, to part with the title to the money, nor expect the Constable to pay any part of it to the Judgment creditor, so that Gates received It In his private char acter, in trust for plaintiff, and not by vir tue or even color of his office. It would be un just and Impolitic to encourage such dealings by holding sureties responsible for them." State of Oregon, respondent, vs. Ezra E. Colestock, appellant, from "Washington County, Thomas A McBride, affirmed; opinion by Jus tice Moore. The defendant was convicted of the crime ofrape, com mi tted.bT-forcibly ravishing a fe male lh the City of Uillsboro. He was sen tenced to 12 years' imprisonment in the Peni tentiary, and thereupon took an appeal to the Supreme Court. His counsel contended that the lower court erred in giving an instruction to the', Jury and in refusing to give a certain instruction as requested. The defendant's at torney asked the court to instruct the Jury that before they could find the defendant guilty they must be satisfied beyond a reason able doubt that the prosecutrix resisted the defendant "to the full extent of her ability and strength" from the time the attack was maae until the act had been accomplished, and that If she at any time upon that occasion gae her consent, the defendant was not guilt. This Instruction was refused and the refusal is approved by the Supreme Court. The latter tribunal says that "to make the crime hinge on the utmost exertion the woman was capabiv. of making would be a reproach to the law as well as to common sense. Such a test It would be exceedingly difficult. If not Impossi ble, to apply In a given case. The Instruction requested Is, In substance, that If the resist ance falls short of the extremest limit that could have been made, the deficiency neces sarily shows consent. If the failure to make extreme resistance was Intentional, In order that the assailant might accomplish his pur pose. It would show consent; but without such intent. It shows nothing whatsoever." The Instruction given by the lower court was in brief that the act must have been "by force, against her will and at no time con sented to. There must be honest, actual, bona fide resistance. She must have used force to resist him as best she could." This instruction is held to be as favorable to defendant as ho could expect. The evidence In the case was not brought to the Supremo Court, and hence the latter tribunal did not pass upon its sufficiency to support a convic tion. Hiram S. Stone, appellant, vs. William M. Idd, executor of the estate of Hannah M. Smith, deceased, respondent, from Multnomah County, John B. Cleland, Judge; affirmed; opinion by Justice "Wolvcrton. This was a suit to require specific perform ance of a verbal contract alleged to have been made between Hannah Smith and her nephew, Hiram S. Stone, It was alleged that In 1S92, In consideration of services rendered, an accounting respecting which was then had, Mrs. Smith agreed to deed to plaintiff 50 acres of land described In the complaint. The evidence showed that Stone and Mrs. Smith did not keep accounts of their business dealings with each other; that Stone worked for her more or less during the tlmo from April, 1881, until late In 1S02; that during this time Stone had a living for himself and fam ily; that his dealings with the land after the time of tho alleged agreement did not tend to support his claim; that while his estimate of the amount due him was $5405, there should be deducted not less than $."K0 for his living for 12 years, leaving but $1755 due him. The evidence also shows that no specific amount v.&s agreed to between Stone and Mrs. Smith, but that they "Jumped at the amount." . Tho opinion of the court reviews the evi dence at length and concludes, as did the Judg ment of the lower court, that no agreement, such as the courts can enforce, had been shown. Alice O. Brandt (now Shurtllff), respondent. vs. A Park Brandt, appellant, from Lane County, J. W. Hamilton. Judge, modified; opin ion by Justice Wolverton. The plaintiff In this case has had three hus bands, of whom Brandt was the second. In 1SS0 she secured a divorce from Brandt and a decree for ?100 as cost of prosecuting the cult, J28 as living expenses pending the fcult and $20 per month as permanent alimony, for the support of herself and a daughter by her former husband. Nine months after the di vorce was granted. Mrs. Brandt married Shurt llff. with whom she lived for over six years, when he secured a divorce from her on suf ficient grounds. In 1837 she Issued an exe cution to recover the sum of $128 from Brandt, but tho property sold thereunder proved not to be the property of Brandt and the sale was set aside. In March. 1000, Mrs. Shurtllff had an execution Issued for the amount of the accrued alimony at $20 per month. Mrs. Brandt then appealed and moved the court to recall the execution and to remit all the ac crued alimony after May. 18S9. when Mrs. Brandt married Shurtllff. The lower court re fused to grant the motion, and Brandt ap pealed. Tho Supreme Court holds that the Judgment for $128 had not outlawed, that Mrs. ShurtUC should have execution for $128, and the further sum of $180, alimony, up to the time of her marriage to Shurtllff, but that de fendant's costs and disbursements In this pro ceeding be deducted therefrom. la reaching this conclusion the court says: "It seems, somehow. Inconsistent, from the standpoint of morality and public policy, that a wife should be receiving support from a former divorced spouse while she is, by rea son of existing marital ties, entitled to look to an actual spouse for maintenance of the same nature. We do not mean to be under stood as holding that a subsequent marriage will ipso facto dissolve the obligation of the former husband to continue the payment of the allowance, but that it affords a cogent and convincing rpaaoa for the court to mod ify or cut off the allowance altogether. ... The question of accepting support from Shurt llff was a matter necessarily deferred to her own choice, and she must be held to have re nounced her allowance, to the extent, at least, of her husband's ability to respond. In this Instance he was able aad did support her adequately. That support has been cut off by no fault of Brandt, and there are no con siderations of right or equity that would re quire him to assume the obligation again." George H. Small, respondent, vs. Elmer D. Lutz. appellant, on motion to dismiss appeal, opinion per curiam, motion denied. Held that surety companies are competent sureties on appeal bonds under the acts of 1893 and IDOL Pacific Export Lumber Company, respondent. vs. A Prcscott et al., appellants; Judgment modified and case remanded for new trial. (This case was decided last week.) Rehearing: Denied. Petitions for rehearing were denied today hi the following cases: Baker County vs. George TV. Benson. James F. Watson, trustee, vs. Columbia River Lum ber & Fuel Company et al., and Jean Baptlste, E. Gartner et aL, vs. Ira E. Wheeler et al. Minor Orders. A. L. West,' respondent, vs. Thomas Ed wards, appellant; respondent allowed until March 1 to file brief. J. E. Culllson, respondent, vs. F. O. Downing, appellant; respondent's tlmo to file brief ex tended to April L D. A Covert, appellant, vs. Alice H. Covert, respondent; appellant allowed until February 2 to file brief. Newspaperman Held Up. BOISE, Idaho, Jan. 28.-Jesse C. FJe harty, telegraph editor of the Statesman, was assaulted and robbed at an early hour yesterday morning while on his way home from work. The attack was made while he was passing through the State house grounds. He fought the robbers, of whom there were two, knocking one of them down. The other struck him on the head with a brick, and they left him for dead, after taking $60 from his pocket book. He soon recovered partial conscious ness, and finally reached tho door of St. Alphonsus Hospital. He dropped into un consciousness at once, and remained in that condition for several hours. Old Qnarrel Settled. SPOKANE, Jan. 27. The fight between Northport merchants and the smelter management has been settled. The com pany has agreed to close out its big gen eral store, which was started by Man ager Kadlsh last Fall, supposedly to get even with the merchants of the town for their refusal to help the company fight the strike. Holiday for Statins:. FOREST GROVE, Jan. 27. The faculty of Pacific University gave the students a holiday today for skating. AT THE HOTELS. THE PORTLAND. F Lewis Clark, Spokn G Clark, N Y A Cohn. Tekoa JH C Basford. San FJ D E Leltch, Tekoa (Edw Kelly. San Fr Isaac Brume, Chicago jG C Flavel, Astoria J HImmelstein. SeatU Mrs Flavel. Astoria Jerome Spencer. Phll-iGeo W Sanborn, Astora lpsburg. Mont jChas A O'Conner. city J W Herron & wife. St Paul Everett Mr & Mrs Willie Mox- on, city I Cohn. San Francisco G r Wentworth. Ta- coma D C Bardley & wf, StL Geo K Burton. San Fr W P Willis & w. N T C W Collier. Kobe Jos Thiebau. San Fr Otto Nelsser, Los Ang E E Drake, San Fran G J Backer. San Fr M H Thomson C F Richards A D Spencer IF D Bradley. Chicago juts J E Wright, city F W Wood, Dayton, O i J BiaKeiey. r y G E Belote. Holyoke, Mass C Freud. San Fran Chas W Brown. San Fr Sam Cohen. San Fr D A Bcal X E Hammond, S F G W Clark. Chicago Geo C Salch, San Fr C A Sullivan, San Fr D C Murphy, San Fr Lillian Alexander, S F, T M O'Conner. N Y H Lazares, Chicago THE PERKINS. A J Johnson, Astoria IJohn Kallun, Bland, Mrs A Ledlngham, 1 Mont ,rButte. Mont J H Wassenburger. Miss Ledlngham, Butte) Anaconda &?. Ledlnsham. a0;O H Flthlan. Chicago G D Moore. Latourell F A Megraih. St Paul. Z Lancefleld, King's Minn U??,,0r Henry Lyden. San Fr w Kelsay. NcwbergiJ P Stott. San Fran Airs K W Kelsay. do iMrs C A Hard. AluVi W J Applegate, Unlon- L C Boyd. Alaska eiae, .aio Mrs A Johnson, do A Johnson. do F A Proudfelt, Win lock. Wash Sam Downs, Tillamook Helen E Mulvey, Tal ent, Wash Mrs Ed Robson. Ro meo. Mich May B Haughton, Eu gene A B Klchmand, Grand ttapias, Mich E W Seaman, do A W Beard, Seattle W E Stone, Vancvr Ad Noeske. do A H Janson, St Louis R J Patrick. St Louis T M WIHen. X Yam V D Wllten. do Adel Holcomb. Eugene H T Clarke, Eugene J T Belchell. San Fr J A Haoar, San Fran A F Hugh, Spokane C W Henderson, San F E O Jasmer. Chicago Anthony Blum. Boston J L Knox. Tamplco M Knox, do G L Hawkins. Indn. Or J W Atkln. Corval:Is Mrs J W Atkln. do G W Ashby. Weiser E J Kitson, Goldendale V Li carron. Grnt Pass J H Warfleld, Astoria THE IMPERIAL. C W. Knowles, Manager. J H Evans, city P C Williams. St PI Mies C Young. Astoria Geo L Trott. St Paul P M Mclnnls, Ft Flak ier H J Mclnnls. Ft Casey A H Imus, Kalama Mrs Imus. Kalama John Laws, Irley M M Manning, city C H Lake. Dalles C R Smead. Blalocks Mrs Genie Flcal, Colo Springs Sas Good fellow, do Mrs Goodfellow. do 1 0 H Bothmann, Newbg Mrs Bothmann, do Mrs W B Morrow, 1 Olympla J S Cooper, Indp Harry Drum. Olympla Stephen A Lowell, Pen dleton Francis A Garrecht, Walla Walla E F Scrlpp. Detroit JJIss McClalne, Sllver-iThos Shaw, Toledo ion, ur airs tsnaw, Toledo G H Baker. Goldendal U Kyle. Lebanon P P Seel. Chicago Henry Vauchan. As- M F Bowers. San Fr Geo H Burnett. Salem C W Fulton. Astoria toria Samuel White. Bakr C Julius Herman, do H C ThomDson. Astoria Alex Gilbert, Astoria D J Hanna, city Jas Hemenway, Cot tage Grove IMrs Thompson, Astoria Harold w Thomnson-do V G Howell. Astoria. THE ST. CHARLES. E S Bird & w, Salem C Heyes. Astoria S M Foster. Neb Jas Bryden. Centralla J C Miller, ChehalU : L L Miller. Woodland I Edgar Watson, Glcnco Clyde Watson, do C G Wooldrldge, Oak Point Otis Austin, Stella J J Walton, Stella A H Larsen. Scappoos Chas Keys, Vancvr Jas Culley. Eugene H J Horning, Astoria Mrs R Grimm. Astoria F ButztafT. Clatskanle G D Sutherland, do J B Yeon, Rainier Geo C Johnson, Dawson S N Hooker, Richmond J Boon. Richmond Clara Erlon, Marahlnd Lee Adklns. Canby G R Shaw, Cleone E M Smith. Cleone D McDonald. Cleone G Wilson, wf & dtr, Carson J L Dougherty, do tV J Stater. Newberg A S Henderson, do L L Paulson & w, Etna H S Anderson &. fmy.iw N Paulson, Etna .lv HarriMJurg. m ih j rauison, Etna Mrs A Nclaon, Indp (H Wlngley & wf. Etna H Putzien, Canyon Cy J D McDonald. Dallas C A May, Astoria David Wllkle, Dallas A Decatur. Welser (Beatrice Crouse. StHln H S Gibson, city M C Churchill, St Hlns S J Garrison, Clackms C H Chlpman, Corvallls B Andrews & w.Salem.fcl H Stoner. Sumpter N C Lilley, Gales Crk.G B Jamleson, Aber N H Perkins. N Yamh deen G C Green. .Goble A L Williams, Mist , Ed Friday. Goble G A Rockwell & wife, J C Knappr Oregon C 1 Moro T O James. Oreg CltyJF A Smith. Moro W B Shlvely. Jr. do iW H Englert, Pullman C H Thomas & fmy, A Ktrkenfeld, Pullman Cathlamet IS Turner, Pullman E Thomas & fmy, do R G Hill. Seattle A J Wiley, So Bend H A Thomson & wife, T B Perkins, HUlsboroi Eugene Hotel BransivlcU. Seattle. European, first-class. Rates. 50c to $L50. One block from depot. Restaurants near by. Tncbraa Hotel, Tqcoraa. American plan. Rates, $3 and up. Donnelly Hotel, Tacoraa. European plan. Rates 50c and up. Commercial men stop at the St, Helens, Chehalis, Wash. American plan. Rabbi Hlracb on JHdaism. NEW YORK, Jan. 27. Rabbi Emll G. HIrsch, of Mount Sinai Temple, In Chi cago, has just preached to a large audU ence at Temple Bethel from the subject "Is Judaism a Memory or a Message?" He said: "The Christian approves the whining humility with which the orthodox Jew admits that he is an exile on his way to Palestine. That isi the theory of the Zion ists also, and if there Is any glory in it they aro welcom.8 to it." HIGH-DIVE RECORD GOtS BERT KERRIGAN ADDS IT TO HIS TROPHIES. Xaltnemah's Great Athlete Sets American Competitors a. Pace Members' Nlg-at at Club. Last night was members' night at the Multnomah Amateur Athletic Club, and the occasion was one of much Joy, for Bert Kerrigan, the champion all-around athlete of the club, succeeded In win ning new laurels. This time It was the running high-dive record that suffered, the nimble Kerrigan clearing the bar at 6 feet jg inches, breaking the American record, which was 5 feet 11 Inches. Ker rigan did the trick without difficulty and received generous applause from the 300 club members who were present. The programme began at S:30 o'clock, the first number being a selection by Parsons' orchestra. Then a class of jun iors, proteges of Professor Krohn, did some clever tricks on the rings, after which Hal Rasch and Bob Lamberson C. E. yp -&bPvtBB8kw ASSISTANT GENERAL PASSENGER AND TICKET AGENT OF THE GREAT NORTHERN RAILWAY. C E. Stone, who was a Portland visitor last week. Is a new man In the official roster of the Great Northern Railway Company, having taken his posi tion as assistant general passenger and ticket agent less than a year ago. He was born in Madison, Wis., In February. 1S59. His first railroad work was as telegraph operator and station agent of the Chicago, Milwaukee & SL Paul road, from 1874 to 1870, In the latter year becoming assistant ticket agent of the Min neapolis &. SL Paul at La Crosse. Wis ' He continued in this position until 1SS3, when he went to the Northern Pacific Railway as city passenger and ticket agent at St, Paul. In 1807 he became general passenger and ticket agent of the St. Paul & Duluth Railway. Three years later he was appointed assistant general passenger agent of the Northern Pacific, and a few months after that he was offered and accepted the position he now holds with the Great Northern Rail way. He Is a well-trained railroad man, and Is popular In all circles. . ............ ""TTtttll gave a three-round boxing exhibition. The contestants "swatted" each other. all over the mat, causing much merriment among the spectators. Dave Campbell acted as referee, but there were no fine points to decide, so his job was an easy one. After the pugilistic bout, Joe Acton and Alex De France appeared in a wrestling bout, throwing each "other all over the mat. Parsons' orchestra dealing out en chanting music the while. Finally Acton got up a little steam and the younger man was put on his back, after a gamo contest. The slack wire performance, by Pro fessor Leffler of the Y. M. C. A., was the next event, and tho Professor pranced to and fro, doing stunts that an ordinary Individual could not accomplish on a 10-acre lot. He was greeted with a round of vociferous applause. After the wire performance, the three Malvern brothers did a turn at tumbling, accomplishing some very cunning and unique tricks. They leaped around In the air with just as much ease as a fat man falls on one of Portland's Ice-covered sidewalks. Their work was most Interesting and they were loudly applauded. At this stage of tho game "Kelly" Farrell, In his customary stentorian tones, announced that there would be an Indoor baseball game on Tuesday evening between the M. A. A. C. and the Y. M. C. A., and urged the mem bers to turn out and see the fun. Farrell was applauded as usual. In the "grapevine" race, 10 juniors ap peared, and Harold Bancroft made him self the victor by winning the final con test. Kerrigan'N Great Dive. Then followed the high-dive contest. In which Bert Kerrigan and his younger brother, Oscar, were the only competitors. The bar was started at 5 feet and gradu ally raised until the 5 feet 10 Inch mark ! was reached, when the j'ounger Kerrigan foil out. Bert, however, was In tho game to stay, and finally delighted the specta tors by clearing 6 feet. Then tho bar was raised another inch, and he who has made the Multnomah Club famous dived over in grand style, clearing the bar at least two Inches. Another Inch was added to the height, but this time Kerri gan failed, having almost exhausted him self by his previous efforts. -A tape line was produced and the actual height ; cleared was found to be 6 feet inches. When this announcement was made, the applause was deafening. The record will no doubt stand, as F. E. Watklns, chairman of the Indoor athletic commit tee, F. J. Raley and H. M. Montgomery made the official measurements, the cre dentials of which will be forwarded to the A. A. U. authorities at once. The next event was a leaping exhibi tion by the Malvern brothers. Bowman and Weltzer, after which the seniors de feated the juniors In a 15-mlnute basket ball game, the score being 12 to 3. Corncob pipes and smoking tobacco were furnished the members during the evening, and the event was thoroughly enjoyed by all. ATHLETIC MEETS. California Will Decide Today Where Future Events "Will Be Held. The athletic authorities of Stanford University nnd the University of Cali fornia will hold a conference at Berke ley tonight, at which a number of Im portant matters will be considered. The advisability of holding all future foot ball games in San Francisco will be fully discussed, and it Is quite likely that the proposition will meet with favor, owing to financial considerations. Ac cording to tho present, agreement, the game of next November will be held on the Berkeley campus, and those of fu ture years will alternate between Berke ley and Palo Alto. It is the general opin ion among the students of the two uni versities that the games should continue to be played In San Francisco, as they have been in the past. Dave Brown, of the Stanford alumni committee, has proposed the following amendments to the present agreement: A one-year residence rule for men who have represented any other university in an athletic event. Allowing men to compete In Intercollegiate athletics for only four years, regardless of what university they may have represented. Giving the baseball umpire the samo powers as ore given the referee in football games with regard to disqualifying players. Define more clearly those who shall be con sidered "partial" or "limited" students. Define "university standing-." Regulate the issue of side-line passes for football and other athletic contests. Handball Tournament at M. A. A. C. Following are the handicaps for the M." A. A. C. handball tournament, which commences tomorrow evening: Doubles, McAlpln and Cleland, scratch; Dunn and Jones, scratch; Kerrigan and Wat kins, scratch; Wlckersham and Holbrook. 3; Irwin and Zan, 3; Barrett and Honey man, 8; Gnmmle and West, 8;.Fenton and STONE. Stott, 10; Banks and De France, 10; Fos j ter and Cahalln, 12. The first game of the contest will be ! between McAlDin and Cleland siml Pontnn and Stott. Wlckersham and Holbrook will follow In their game against Bar rett and Honeyman. Indoor Baneball Tonljrht. The Multnomah and Y. M. C. A. Indoor baseball teams will play the third of a t series of games at the Y. M. C. A. evm- r.aslum tonight. Eaqh tenhn has won one I game, and the contest of tonight promises to be exciting. Following is the line-up of the teams: Y. M. C. A. Position. Banal C. Parker S B.... Miller 2B.. Vinson RF Bhockley L.F.... Gordon IB.... McKenzle P, Bush S.S.... Mann S.S M. A. A. C. .. Whltehouso Randall . .Wlckersham .... Honeyman Cahalln Banks Zan Dobie Gammle Billiard Schedule at M. A. A. C. The following is a correct list of the I billiard games and handicaps to be played I In the Multnomah tournament tonight. 9 P. M. First class, O. F. Godfrey, 80, vs. W. H. Wyman, SO; fourth class, E. W. Blackstone, 50, vs. R. R. Warriner, 50; sixth class, A. S. Gay, 45, vs. J. R. Rog ers, 45. i S P. M. Second class, A. W. Sidney, 75, vs. Lansing btout, &; tnird class, E. E. Mallory, 00, vs. P. E. Brlgham, CO; fifth class. J. E. Dukehart, 50, vs. H. G. Fos ter, 50. O'Brien Wins on a Fonl. LONDON, Jan. 27. Jack O'Brien se cured a decision over Charlie McKeever at the Leeds Club tonight In a contest for the middle-weight championship and a purse of G30. Both are from Philadel phia. McKeever weighed 151 and O'Brien 15S pounds. The fight was clever and furious until the end of the third round, when McKeever "back-heeled" O'Brien and was disqualified. Candidates for Office. The following have been nominated as directors in the coming election at the Multnomah Club: F. F. Freeman, A. S. Gay, A. B. Grltzmacher, H. H. Herdman, Jr.. H. W. Kerrigan. A. E. Mackay. H. S. Mason, George McMillan, E. L. Powell, R. F. Prael, B. D. SIgler and A. W. Sidney. The election will take place on February 11, when six directors will be chosen. Considering a French. "Henley." PARIS, Jan. 27. The "Velo says that some Parisian sportsmen, including Henri Deutscn, the promoter of aerial navigation, are considering the establish ment of a sort of French "Henley" at Meulan-on-Selne, where yachting, automo blllng, ballooning and other contests will be held. Football Players to Meet. An Important meeting of the Portland Football Club will take place this even ing at 8 o'clock, at room 709, Oregonlan building, to discuss future games, the ad visability of procuring uniform football costume, and other business matters. Bantam Champion of England. LONDON, Jan. 27. Jim Williams, of 'London, at the' National Sporting Club, tonight defeated Pedlar Palmer in two rounds for the bantam-weight champion ship of England. TAX FOR AID OF STRIKERS UNITED MINEWORKERS DECIDE TO LEVY AN ASSESSMENT. Miners Propose to Fight tne Oper ators to the End In Dis putes Norv On. INDIANAPOLIS, Jan. 27. The United MIneworkers took today what is regarded by the delegates as the most important action of the convention, when it adopted a resolution from Indiana District No. 11 providing that the convention should levy an assessment on all the members of the organization sufficient for the purpose of carrying to a. speedy and successful ter mination all strikes now engaged in by tho entire organization. It Is the purpose of the miners to fight the operators to the end In all these strikes, as the principle of whether the organization is to be recog nized Is at stake. An Illinois delegate presented a resolu tion raising the salary of the National president to $2500 a year. The president now gets $1800. Many of the delegates. It is said, favor the resolution. Discussion of Delegate Reese's resolu tion, providing for the"" admission of other states to the Interstate agreement, was taken up. Delegate Reese said he had hoped that the resolution might be passed. All the miners, he believed, are for It at heart, but many fear to take in Iowa or any other state on the ground that It may destroy the present agreement which binds Ohio, Illinois, Indiana and Pennsyl vania. Several others spoke on the reso lutlpn. It was evident that work had been done outside the convention hall against Reese's resolution, as a number of officials who have taken a prominent part in the discussion spoke against It. A counter-resolution of Delegate Evans that tho matter be referred to a joint confer ence of operators and miners this week, with Reese's proposition, was finally re ferred to the scale committee and the in coming National executive board. A resolution was Introduced providing for the establishment of competitive dis tricts west of the Mississippi for the pur Podj of arranging agreements between mlneworkers and operators there, and ask ing that the National executive board be instructed to call a joint conference for thepc states. The matter was referred to the executive board.. CAUSE OF DEATH OF RICE. Point Reached In the Second Day. of the Trial of Patrick. NEW YORK. Jan. 27. The second-day of the trial of Lawyer Albert T. Patrick, nccused of the murder of William Marsh Rice, brought it up to the point where the cause of the death of the millionaire is sought to be determined. The first witness along this line of Inquiry intro duced by the prosecution was Dr. Hamil ton Williams, one of the physicians at tached to the Coroner's staff, who at tended the autopsy. The gist of his evi dence was that the lungs were con gested and that this was due to the in halation of some gaseous Irritant nnd that chloroform would produce such a condition of the lungs. He later said pneumonia could produce the same con dition. Dr. Williams was on the stand when- the court adjourned. James W. GIrafd was recalled and his cross-examination continued. If the 1000 or Patrick will were to be sustained, he said, his clients, the William M. Rice Institute, would receive several mil lion dollars less than it would under the 1S96 will. It was after the witness and Captain Baker and had a conference with Patrick that the witness told As sistant District Attorney Osborne that Patrick had said: "Why can't you get together and settle this matter up?" It was also decided at this conference that Rice's papers should be placed In neutral custody, pending a decision as to' who should be in rightful custody. Charles P. Lowright, the undertaker, who was called In by Patrick to pre pare the body of Rice for cremation, testified that he had said to Patrick that It would require 24 hours to prepare for cremation, and suggested embalming, to which Patrick consented. John S. Potter, Lowright's assistant, testified that Patrick had shown him a letter signed by Rice, expressing the wish that after death his body should be cremated. The morning of the day set for cremation he had been called on the telephone by Patrick, and told that the cremation must be called off In conse quence of a telegram he (Patrick) had Just received from Texas, but that It would probably be held two days later. The letter to which the witness alluded was dated August 3, 1900. It was ad mitted as evidence. SHOOTS WIFE, KILLS HI3ISELF. Young; Couple Resolve to Die To gether and Proceed to a Hotel. CHICAGO. Jan. 27. Dr. Harry J. Zelg ler. of 316 West King street, Lancaster, Pa., fatally wounded his wife, Anna, and then killed himself this afternoon at the Wellington Hotel. A note- left by the physician stated that he and his wife had decided to die, and as he lacked the nerve, Mrs. Zelgler had promised to com mit the act. The woman, before being removed to Samaritan Hospital, declared that the shooting was done by her hus band. Dr. Zelgler and his wife arrived at the Wellington Hotel this morning and were assigned to a room. The two were young and apparently happy. They re tired to their room, and about 3 o'clock a call came to the clerk's office. When the bell boy arrived at the room he found the woman tugging at the door. Blood was flowing from, a wound In the back of her head. "Oh, my husband has shot himself," she cried, forgetting. In her fear for him, the pain of her own. wound. The bell boy took her out Into the hallway, saying that her husband might kill her, and she let him lead the way from the room. Then he hastened to the office of Dr. B. L. RIes, the house physician. When the latter arrived the husband was dead and the wife was barely conscious. A note addressed to a newspaper was found In the room. It read: "My photograph belongs to your paper. We decided to die, but I lack the nerve Baking Powder Made of Pure Grape Cream of Tartar. Safeguards tfie food against alum K3YAL BAK1MS POWCCR CO., to shoot, so my wife, Anna, will do it. Send my body home to 316 West King street, Lancaster. Good-bye." Mrs. Zelgler was conscious for some time after the arrival of Dr. Rels. She confirmed the contents of the note, which showed that the husband lacked at first tho determination to carry out their plans. But she, too, failed, and eventually, she said, her husband shot her, and then, thinking that she was dead, turned the weapon upon himself. Mr3. Zelgler was removed to the Samaritan Hospital. It was at first thought Mrs. Zelgler could not recover. After an operation, however, she showed more signs of life, and al though the chances are slim, hope is en tertained for her. Mrs. Zeigler's father Is Samual P. Ad ams, of this city, who is said to be wealthy. ZelRler Formerly a Soldier. LANCASTER, Pa., Jan. 27. Harry G. Zelgler, who shot a woman purporting to be his wife, and then committed suicide at Chicago, today, was a native of this city, and lived here until three years ago. He was 26 years old, and a son of William G. Zelgler, station master of the Philadel phia & Reading Railroad Company. Young Zelgler, three years ago, enlisted In the regular Army and was sent to the Phil ippines. The last heard from him was a year ago, when his father received a letter dated "Luzon," in which he said ho had entered the hospital service, a cir cumstance that accounts for his title of "doctor." Zelgler was married about five years ago to Miss Harriet Baker, of this city, who is now at her home, and from whom he had been divorced. TrnFtedy in a Church. " CHILLICOTHIE, O.. Jan. 27. Joseph Cox shot and killed Howard Ratcllffe at church Sunday evening at Eagle Mills. 15 miles east of here. Cox had been paying attention to Ratcllffe's sister, and Rat cllffe strongly objected. Cox took Miss Ratcllffe to church last night and when Ratcllffe saw them together in the church he at once assaulted Cox, who drew a weapon and fired, the ball passing through Ratcllffe's body. He fell In the aisle and expired, amid the shrieks of terrified women. Both men are of re spectable families and are schoolteach ers. Ratcllffe married a sister of Cox. Cox was arrested and taken to McAr thur today. WOMEN WORSE MEN BETTER. Investigation Sustains Coleman's Statement Anent Intemperance. NEW YORK, Jan. 27. The Right Rev. Lelghton Coleman, Episcopal Bishop of Delaware, who startled his hearers in a mission address at New Brunswick, N. J., by the statement that there Is an alarm ing Increase of Intemperance among wom en, alons with a decrease of Intemper ance among men, has repeated the state ment, and added assertions equally inter esting. He says that his opinion has been formed only after exhaustive Investiga tion and observation of conditions in this country and abroad. Bishop Coleman said that a newspaper hostile to nls views set on foot an inquiry In New York, with a view of disproving his charge. Committees of Impartial citi zens went to the various fashionable hotels and women's restaurants, taking notes of the orders of women patrons. They found that to take wines, cordials, even whisky, with one meal was an al most Invariable rule among the wealthy and fashionable set. Not only this, but in so-called tea rooms Intoxicants were served to women who ordered them with out even the pretense" of ordering a meal. "Intemperance among women, however," said the bishop, "Is" not confined to the women of the wealthy and fa&hlonable class. The use of stimulants, medicines, bracer, tonics and all similar devices serving as a mask for the liquor habit Is becoming more general among the mid dle classes. In England conditions are wor3Q even than here." TO USE NIAGARA'S POWER Contract Let for the Largest Dyna mos Ever Built. NEW YORK. Jan. 27. Another great step in the utilization of Niagara power is announced by the Electrical World and Engineer. Contracts have just been placed with the General Electric Com pany for the construction of three 10.000 horsepower generators for the new plant, whose ultimate capacity, it is estimated, will probably reach 200,000 horsepower. These negotiations have been conducted through the Canadian Power Company, which had the original charter for the enterprise, but whose rights have been . acquired by the American company. These dynamos will be sit uated, like those of the Niagara Falls Power Company, at the level of the sur face of the earth, while the turbines will be In a wheel pit directly underneath. Vertical shafts over 100 feet long will connect the water wheels with the gen erators. It Is asserted that these dynamos will be the largest ever built. The closest approach to them is made by those bolng installed in the, power-house of the Man hattan Elevated Railway Company of this city. The latter have a nominal capacity of EOOO horsepower, but are de signed to develop 25 or 50 per cent mere in an emergency. Lady Mackenzie in New York. NEW YORK, Jan. 27. Lady Constance Mackenzie, a niece of the Dufte of Suth erland and heiress to large property in her own right. Is among the passengers on the Umbria. She was accompanied by her cousin. Hugo Baring, of the bank ing firm of Baring Brcs., who is a brother of Lord Revelstoke. They were met by Mrs. C. S. Dodge, who will en tertain and chapcrone Lady Constance while she is in this country. Lady Con stance has traveled extensively in Eu rope and the East, but this Is her first visit to America. Large Philanthropic Hospital. RICHMOND, ind., Jan. 27. The Metho dists of Indiana,. It Li announced, have undertaken the erection of a large philan thropic hospital to be located at the state capital. The cost is to be $200,000 and the endowment J5CO.000. The work of raising funds will be pushed over the entire state. Work will begin on the building as soon as $50,000 Is available. ICO WIIUUI IT., KEW YORK. Bleeding Lungs ! Cured by Dr. Bull's Cough Syrup, the old reliable cough cure. Wm. H. BmSer.of ClrvstJe Itreet. 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