Morning Oregonian., March 13, 1902, Page 12, Image 12

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12
THE MORNING OREGONIAN, THURSDAY, MARCH 13, 1902.
r-T7?W
BIG CUT BY COURT
InterestCharges of Building&
Loan Association Pruned.
DECISION -OF JUDGE BELLINGER
Company Is Entitled to Money Lent,
With Interest, but Xo More-Plea
That Defendant Was a Stock-
holder a Subterfuge.
An Interesting decision affecting build
ing and Joan associations was handed
down yesterday by Judge Bellinger. In tfie
case of the Pacific States Loan & Build
ing Company against Mrs. Lizzie Green.
He decided that the company was entitled
to the amount of money lent to Mrs.
Green, with interest, but no more. A
point was also made that a court of equity
will call a sharp halt when a loan asso
ciation endeavors to make too large and
unconscionable returns at the expense of
the victim.
Judge Bellinger decided also that the as
sertion of the company that Mrs. Green
was a stockholder was not supported
that this was merely a subterfuge by
which the company got a little more than
the lion's share.
The suit was brought by the company
to recover $2594 90 and 5250 attorney's fees,
and to foreclose a mortgage on property
valued at $12,000. Mrs. Green meanwhile
pleaded that she had paid $5543 44 and in
terest. She asserted that she had made a
contract with the company to buy 110
shares of stock of the value of $100 a
share, and that she had borrowed $5500,
depositing 55 shares as security, the other
.55 shares to be a premium or bonus. The
court thought that this amounted to a
full assignment of the 110 shares. A fore
closure suit by the company brought the
matter to a focus.
In giving his decision, the Judge said:
"This is a suit to recover $2594 90, and
to foreclose a real estate mortgage given
as is alleged to secure said sum. The
complaint alleges in effect, that on Feb
ruary 23, 1833. the defendant Lizzie A.
Green was the owner of 110 shares of the
capital stock of plaintiff, of the par
value of $100 per share, for which she
agreed to pay 60 cents per month per
share, or $66 per month, until said shares
by said payments and the accumula
tions allotted to the came by reason of
profits earned, would become matured
and of the par value of $100 each.' That
on the same day said defendant applied
for a loan of $5500, and accompanied such
application with a bid for the loan, which
bid was as follows:
Amount of money desired as loan, $5500.
Applied for February 23, 1S03.
1 hereby agree to hold 110 shares of stock In
the Pacific States Savings. Loan & Building
Company, and to continue payments of Install
ments on Fald stock until the Fame shall ma
ture, or until the loan Is otherwle paid.
I also hereby agree to pay said company a
bonus of 55 shares of the stock above referred
to ns a consideration for the loan of $5500 ap
plied for. LIZZIE A GREEN.
February 23. 1883. Signature of Applicant.
Witness: I. C. HICKS.
"That the plaintiff company, upon or
prior to March 10, accepted said bid, and
agreed to loan Lizzie A. Green the sum
of $5500, In accordance with the terms
and conditions mentioned and according
to the terms and conditions of a certain
Indenture of bond which was, on the
15th of March, 1893. executed by Lizzie
A. Green and James "V. Green, her hus
band, a copy of which is made a part of
the complaint. This bond was secured
by a mortgage upon certain real estate,
represented In the application for the
loan to be of the cash value, with im
provements, of $12,000. The bond recites"!
-that -whereas the company only loans Its
money to its stockholders, and only In
proportion to the amount of stock held
br such stockholders, and that whereas
Lizzie A. Green Is the owner of 110 shares
and has bid the sum of $5500, being the
paT value of 55 shares of said stock, 'as
and for a premium for the advancement
by said company of $5500 by way of
anticipation of the value at their ma
turity of 110 shares of the capital stock
of said company now owned by said
Lizzie A. Green, and whereas the said
company, in consideration of said prem
ises, and by way of said anticipation,
has this day advanced to said Lizzie A.
Green and James "W. Green $5500, now,
therefore,' etc. Then follows the obliga
tion of the bond, which will be referred
to later.
"From what is stated so far. It ap
pears that the transaction was one of
loan, and that the stock subscription
was merely a mode adopted by the par
ties of making the loan. According to
the recital In the bond, the 13500 loaned
was an 'advancement' by the company
In anticipation of the value at their ma
turity of the 110 shares of stock sub
scribed for by Lizzie A. Green. In other
words, the 110 shares of matured stock
were valued at $5500, and by way of an
ticipation of such value there was an
advancement' of that sum. One-half of
the 110 shares of stock were, as a part
of the transaction by which they were
acquired, given back to the company as
a 'bonus for the loan or advancement.
The remaining 55 shares are treated as
pledged to the company, but by the terms
ot the bond executed on March 10 the en
tire 110 shares were 'sold, assigned, trans
ferred and set over' to the company ab
solutely, no right or interest whatever
remaining in the subscriber. This is in,
keeping with the theory of an 'advance
ment' by the company of the value of
the 110 shares at their maturity, but If
the defendant Is obligated to pay the
$66 per month until the 110 shares be
come, by such payments and earnings,
fully paid and of the par value of $100
per share, together with interest on such
loan or advancement, the contract be
comes one of unusual hardship, and such"
as' a court of equity will not enforce.
"Tho obligation of the bond Is, that
the Greens are to pay, on or before seven
years, the sum of $5500 and the full
amount of the premium, if said 110 shares
shall have matured and become worth
par; or in case said stock has not ma
tured then so much of said premium as
may have been earned at the time the
whole of the sum advanced is repaid,
together with Interest, etc., or in de
fault of such payment, then the alter
native is to pay the $66 each month 'as
and for the monthly dues on said 110
shares, now owned by said Lizzie A.
Green, and by her hereby sold, assigned,
transferred and set over to said com
pany,' together with $27 50 each month
as Interest, and also all fines and charges
until said stock becomes fully paid in
and of the par value of $100 per share,
and shall then surrender said stock to
the company. If by the word 'premium'
Jn the provision in this bond requiring
the Greens to pay the sum of $5500 and
the full amount of the premium. If the
said 110 share's shall have matured and
become worth par, or in case said stock
"has not matured, then so much of said
premium as may have" been earned at
the time the whole of the advance Is re
paid, is meant the par value of the 55
shares bid as a bonus, or the amount
of the installments paid at the time the
' loan Is repaid, the stock not having ma
tured, it results that If the stock has
matured, the full value of SS00 Is required
fa be paid as a premium in addition to
the repayment of the sum of $5500 loaned
or advanced, or if the stock has not ma
tured, then whatever has been paid in in
stallments on aecount of this stock must
go-to the company in. addition to the re
payment of the money loaned and interest-
Tho other alternative of the bond
is the payment of the monthly installments,-
together with interest Install
ments, until the entire 110 shares are
matured, or are of par valuo, and the
surrender of the 110 shares to the com
pany. Between these alternatives, there
is no choice. In either case the company
will receive double the amount advanced.
"The proviso In the bond by which
upon a 6ix months' default in the
payment of Installments the company
may elect to declare the loan and
the premiums then earned due, and
recover the same less the with
drawal value of "said 110 shares, allows
nothing to the borrower for the with
drawal value of the 110 shares above the
debt. This Is consistent with the recital
in the bond that the $5500 was an advance
ment by the company by way of antici
pation of the value at their maturity of
110 shares of the capital stock owned by
Lizzie A. Green. This recital as well as
the condition in the bid by which the de
fendant borrower agreed to hold U0 shares
and to continue payments of Installments
thereon until the came shall mature, or
until the loan is otherwise paid, shows
that all installments paid on the 110 shares
were so much paid on the loan or on ac
count of it. If the loan was "otherwise
paid" the obligation to pay installments
ceased. It was not Intended that the loan
would be 'otherwise paid,' and yet this
phrase Is cumulative of what is plain
enough without it, that the stock sub.
scrlptlon and holding and the payments to
be made nominally on that account were
merely the means of repaying the loan
and of securing an unconscionable bonus
besides. In this connection consider this
allegation in the complaint, that there
upon, upon the execution of the bond by
Lizzie A. Green and her husband, the said
plaintiff advanced to said Lizzie A. Green
the said sum of $5500, 'which was to be
repaid by the maturing of the shares
which she held In said plaintiff corpora
tion by making the monthly payments
thereon as specified in her said applica
tion and the Indenture of bond executed
by her and her said husband.' The
monthly payments to be made as speci
fied in the bond and in the bid which ac
companies the application are required to
be on the 110 shares. The allegation that
the $5500 was an advancement by way of
anticipation of the value at maturity of
110 shares of the company's capital stock
is in keeping with what elsewhere ap
pears, that the defendant, Lizzie A.
Green, was to have merely a borrower's,
not a stockholder's, interest In the com
pany; that the stock subscribed for by
her at par value would only repay the
advancement which had been made to her.
"Upon what pretense of fair dealing the
company intended that $5500 advanced by
it, and upon whlqh it had received Inter
est, was to represent the value of shares
actually worth $11,000. does not appear. It
is argued that the defendant, Lizzie A.
Green, became a stockholder and that the
payments made by her and sought to be
enforced against her in excess of her debt
are In the nature of a stock investment.
But the facts as they already appear do
not support this contention. Her so-called
stock conferred no rights upon her. It
merely Imposed an obligation upon her,
which the most guileless right-minded
person in the world could not be expected
to assume In any transaction less de
vious and complicated than that In ques
tion. And so It transpires that although
she 'sold, assigned, transferred and set
over,' absolutely and unconditionally, to
the company the 110 shares of stock
which she is described as holding; al
though neither the conditions of the bond
nor the allegations of the complaint ad
mit of any present interest, or of any
possible Interest at any time, on her part
In the company, and although she has
paid $5544 on the principal sum of $5500
advanced or loaned, or what amounts 'to
the same thing, has paid installments to
that amount to mature stock -by which the
sum advanced or loaned was to be re
paid, and has paid Interest meanwhile on
the unpaid balance of the principal debt
at the rate of above 12 per cent per an
num, yet a decree is sought against her
In a court of equity for $2594 90, with $250
additional as an attorney's fee, for which
a foreclosure Is prayed upon property
stated In the application for the loan to
be worth $12,000.
"The question of usury was discussed
at some length on the argument, and a
recent decision of an Eastern court. In
which a contract like the one in suit was
enforced was cited. In that case the con
tract was held not to be usurious. That
question is not necessary to be considered
here. If It 'was a mere question of an
interest charge and the rate appeared to
me to be unconscionable, there could be
no relief in this court that Included it.
"The fact Is that this so-called stock
subscription Is not In any proper sense
a stock subscription at all. It Is a mere
expedient to secure unconscionable terms
In a money-loaning transaction. The pen
alty in a bond may be avoided by a per
formance of the condition upon which
the penalty depends, but in this case there
was no such avenue of escape for the hap
less borrower. By prompt repayment of
the advancement a payment otherwise
than by maturing the stock she would
still lose the installments that had been
paid in the meantime and were then due.
But If unable to make prompt payment
the exaction would be Increased, and
might, according as the company saw fit
to act, equal the principal sum advanced,
not taking into account the Interest pay
ments made. Among the earliest exer
cises of the equity jurisdiction, was the
relief it afforded against the penalties and
forfeitures, and so far there Is no case In
which Its Jurisdiction has been invoked to
enforce either. What Is asked In this
case is something quite as unconscionable
as a penalty a thing that equity will not
enforce, and will not permit. In any case
coming within its Jurisdiction.
The complainant credits the defendant,
Lizzie A. Green, with the value of 75
shares of so-called pledged stock, at
$4214 10. The remaining 55 shares are of
course donated or premium stock. There
Is therefore no pretense that "this defen
dant has. or is to have, any interest as a
stockholder on account of payments made
and sought to be enforced against her in
excess of the loan and interest. As a
bonus, and the remaining 55 shares were
given as a pledge, but all went
to the company by absolute as
signment and transfer. There Is
nothing in the conditions of the bond
that admits of any interest in Lizzie A.
Green In the so-called pledged stock. The
transaction was one of loan, and nothing
else, and equity, which looks to the Intent,
not the form, must so regard it. The in
stallment payments of $66 per month were
payments on the loan. These payments
continued for seven years, during which
Interest installments were also paid.
There has thus been paid, as already
stated, $5544 and Interest.
"The complainant Is entitled to its loan
or advancement, and interest. More than
this it has had. More than this it is not
entitled to. It cannot, in a court of
equity, collect Installments In the nature
of premiums upon stock, subscribed for
merely to qualify the subscriber to bor
row from the company, and which, by
the terms of the agreement between the
parties, was to be, and was In fact, trans
ferred to the company, and of which the
company has at all times been and now Is
the absolute owner."
Illinois Anti-Trast Law.
SPRINGFIELD, I1L, March 12. Accord
ing to the opinion of Attorney-General
Hamlin and other officials, the decision
handed down by the United States Su
preme Court declaring the anti-trust law
of this state unconstitutional Is not near
ly so significant as some persons believe.
The law passed upon by that tribunal Is
not, as commonly supposed, the oniy one
providing for an annual report by the
corporations of the state to the Secretary
of State, with an accompanying affidavit
to the effect that the corporation has not
entered Into any sort of -a trust. The law
passed upon is one making the act of en
tering into any such combination a mis
demeanor and providing a penalty for
such action.
No Clemency for Dotios.
BUTTE, Mont, March 12. Governor
Toole refused today to interfere In the
case of Clinton Dotson, the convict at the
penitentiary under sentence of death. The
date of execution has not yet been fixed.
PILLS BURY IS SECOND
MAROCZY WINS THE5 IOTERKA.
nOXAIi CHESS MATCH.
Draira Games Played OS at the Last
Sitting: at Monte Carlo Other
Sporting- News.
MONTE CARLO, March 12. Six games
of the semi-final and final rounds of the
international chess masters' tournament,
which had ended in draws Monday and
yesterday, had to be replayed today in
order to end the contest, which was be
gun February S. The six games replayed
were between Mason and Blsenberg, Wolf
and Schlechter, Napier and Marco, Pop
lel and Gunsberg, Maroczy and Tarrasch
and Sen eve and Elsenberg. All the games
were declared drawn and the prizes were
therefore distributed as follows:
First prize, 5000 francs, Maroczy, of
Buda Pest, Hungary; second prize, 3000
francs, Plllsbury, of America; third prize.
2000 francs, Janowski, of Paris; fourth
prize 1500 francs, Teichmann, of London:
fifth, sixth and seventh prizes of 1000, 750
and 500 francs, respectively, were dl-
WHO CAUSED INCREASE IN TAXES?
One of the street dodgers sent broadcast by the Simon machine yester
day had for its caption, "The Oregonlan's Present Idea of Economy and
Good Government." It sets forth figures designed to show that the last
Legislature had saddled upon the taxpayers of Multnomah County a great
burden in the shape of increased state taxes, and It blames the "Citizen"
members af the Legislature and The Orcgonian for that alleged result.
Now, It happens that The Oregonians did not support the "Citizens"
ticket for election to the Legislature, and does not feel disposed to ac
cept any large share of responsibility for their actions. But It Is well
enough to call attention to the fact that the 'last Legislature was Repub
lican, Just as was the Legislature of 1S99. Tho Increase in state taxes
for Multnomah County is in exact proportion Jo the increase In other
counties throughout the state. The proportion of the total state tax that
Multnomah County shall pay for the ensuing five yeare was declared In
an act passed by the last Legislature. Its author was Senator Booth, a
Republican, and it passed both houses by a practically unanimous vote
of all parties.
The total assessed valuation of taxable property In Multnomah County
for 1900 was $32,639,487. The total for 1901 was $4S,195,642, an Increase of over
$15,000,000. The total tax-roll for Multnomah County for 1901 upon which
taxes are now being paid is nearly $300,000 greater than in 1900-that is,
its costs nearly $300,000 more to run the county in 1902. The present Asses
sor was the candidate of the "regular" organization. His predecessor
was not. If there Is any point to be made out of this circumstance, 'doubt
less the taxpayer will discover it. '
vlded among Schlechter, of Vienna: Tar- !
rasch, of Nuremborg, Germany, and Wolf, !
of Vienna.
MONOGRAMS PLAN SEASON.
Local Amateur Baseball Players Are I
Ready to Meet Any Team In State.
Active preparations for the season of
the Monogram baseball team, last year's '
Fontella nine, are being made. Archie
Parrbtt, the well-known first baseman,
has been elected captain. The team will
again be managed by Ed Jacobs, to whom !
much of the success of the Fontella team, j
wmen ne managed last year, was due.
Nick Whitehead will act as secretary and '
treasurer of the team. j
All money received from the games will !
be turned into the treasury after each
game, and the funds used for the actual
expenses of the men. If a sufficient
amount is realized from the games at the
first of the season, the Walla Walla and
Everett teams will be brought to this
city.
At present the outlook Is that the Mono
grams will be the strongest amateur base
ball team In the Northwest, and the team
Is willing to meet all comers. Fleming
will share the honors In the twirling with
"Whltehouse. Fleming played with the
team last year, and pitched wonderful
ball. At the close of the Fontella season
he played with the La Grande team.
The first appearance of the team will
be when it meets the professional team
from the Portland Baseball Club, and the
game will mark the opening of the base
ball season in Portland. The dates for
the games are April 19, 20, 2G and 27. In
these games the Portland fans will have
the opportunity to see the teams that are
to represent the city during the coming
season, one among the amateurs and the
other among the professionals.
PITCHER EJNGLE SIGNED.
Crack Portland Player Will Be Here
This Season.
George Engle, the crack pitcher of last
year's baseball team, will play with Port
land again this season The official an
nouncement was made yesterday, and was
fllMX
ILLEGAL
HOBOS AND
VOTERS, BEWARE!
You cannot "square" It.
If you attempt to vote at the
polls Saturday you will be ar
rested. It will not be made
"all right" by the police, -who
urged you to register. The
names of all persons who have
registered without legal right
to do so are known. The fact
of llcgality has been investi
gated and verified.
Read what Sheriff Frazler
says:
"I shall Instruct each one
of my deputies to arrest any
persons trying to vote at
the primary election Satur
day who are not entitled by
law to cast a ballot."
Prosecution will follow ar
rest. Here is District Attor
ney Chamberlain's warning:
"1 will prosecute every
case for which & complaint
Is sworn to against persons
attempting; to vote illegally
at the primary election Sat
urday. The law provides
for an honest and fair elec
tion, and so far as the Dis
trict Attorney's office can
aid to that end the people
may be assured that every
thing possible will he done."
And the police cannot
"square" It.
t
4
a source of great satisfaction to the local
fan6. Engle's work last season won him
a warm place In the hearts of the base
ball cranks all over the Northwest. He is
a native of Cincinnati, and Is 27 years old.
He has played on the teams of Jackson,
Mich., Portland, Me., and the Cincinnati
Shamrocks. Engle possesses remarkable
speed, throws good curves, and is a hard
hitter. He declined several handsome of
fers from Eastern teams. In order to re
turn to Portland.
The local team now has 10 players signed
and Manager Vlgneux has his eye on one
more a man who Is both a crack catcher
and a center fielder.
SEATTLE TEAM, TO COME.
Will Play Basket-Ball "With the High
School Girls.
Manager Elmer Smith, of the Portland
High School girls' basket-ball team, has
arranged a basket-ball game for his team
with the girls from the Seattle High
School, to be played here at the Y, M. C.
A., March 2L Last month tho Portland
girls, on their trip to Puget Sound, defeat
ed the Seattle team by a scoro of 12 to 6
In an exciting game.
The High School girls are the winners
of the Wright cup In the Girls' Interschol
astic Backet-Ball League, of this city. The
only defeat the girls have suffered was at
Monmouth. All the other games resulted
in well-earned victories for the local team.
At present they are practicing hard under
the coaching of their manager. In the
Y. M. C. A. gymnasium, and are showing
up in fine form and displaying excellent
team work.
The line-up of the team Is: Guards,
Alice Tldcome and Jennie Ketcham; cen
ter, Eva Taylor: forwards, Helen Thayer
and -Nellie Tldcome; substitutes, Ethel
Sharp and Effie Scanlan.
WAIUNNER'S MEJf WIN.
"Win Weekly Botvllntr Contest
at
Mnltnoxuah Clnb.
"Toff" Warlnner's assortment of "Tof
fies" again took the medals In the weekly
bowling contest at the Multnomah Club.
The bowling scores this week were lower
than they have been for several weeks.
"None of the contestants made 200 totals,
and there was only a slight sprinkling of
50 and 60 single-game scores. The interest
in the weekly tournaments is increasing,
and this week nine teams contested for
the medal. There were four on Monday
night, and last night .Honeyman got a
H
bunch together who aspired to win the
medals.
The score:
3 coi
"Si l H
nobsro
'3i
2-7
PLAYERS.
at
2 3;
Ball
Hablghorst ..
Abenuroth ...
Zeller
170
131
S 1S4
lw
Totals
142 150
Holmes
Sydney
Zan ....
Ford
Totals
31
53
25
43
152
43
132
Hudson ....
Surman .....
Churchman
Beck, J. A..,
Totals ....
23
27
24
35
129
45
39
36
M
52
131
714
1S9
192
192
175
Warlnner
WIckersham
Beck. Phil
Whltehouse
5!
53
33
23
0
34
Totals
1351 192
Honeyman
Barrett ....
Pratt
Knight ....
Totals ...
130
114
Kerngan .
Dunne ....
Robertson
Allen ,
Totals
Bailey,. A. A.
Weis ,
Slgler
Mallory
35
Totals
667
Kahn
Bailey, M ,
"Warren ,
Van Dussen ,
154
193
150
195
Totals
632
121
103
179
161
Brlgham.
Plttock
Harlow
Robertson ....
Totals
113
IIS 1321
121
140
624
Hitch In the Big Fight.
NEW YORK. March 12. There will be a
hitch In the Jeffries-Fitzsimmons fight If
It is awarded to San Francisco promoters,
and they wish to pull It off In April In
stead of May, as called for by the articles
of agreement, says the World. It has
been Intimated that the date might be
brought forward In order to catch the
racing season. Fitzslmmons wanted three
months to train for the fight, and when
articles were signed February 15, the date
was set at May 15.
In regard to the proposed change Fitz
slmmons is quoted as saying:
"Not for me. I am going to be In con
dition for this fight, and I am not going to
cut one week off of what I think Is the
proper training to suit anybody. I, am
going to win. and then I am going to re
tire and die the champion. If it is a ques
tion of money or a chance to win the
fight. I will throw away the money before
I will throw away my chances."
Two Natural Gas Explosions.
PERU, Ind., March 12. Two natural gas
explosions early today wrecked two build
ings and Injured six people. Frank KIley,
Sr., Is supposed to be fatally Injured.
Others Injured are: Frank KIley, Jr.,
James KIley, Bridget Kiley, Mrs. John
Hayes and baby.
The first building wrecked was occupied
by Mrs. Hayes. The explosion awakened
the Kiley family, and they rushed to the
porcn. wnue sianaing mere anowier ex
plosion wrecked their house and hurled
the KHeys into the yard. The elder Kiley
was found buried In the debris.
Championship Pool Tournament.
NEW YORK. March 12. In the cham
pionship pool tournament this afternoon.
Charles Weston, of Wyoming, defeated
Irving Long, of Nashville, Tenn., 125 to
103. Tonight. W. H. Clearwater, of El-
Pabst
is always pure
Brewed from carefully ekcted btrley and hopa never permitted to
lca?e the brewery until properly aged.
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmtmmmm
wood, Pa., defeated Patrick H. Walsh, of
New York, 125 to 84, and William Wen
rick, of New York, defeated Grant Eby,
of New York, 129 to 97.
Races at Oakland.
SAN FRANCISCO, March 12. Only two
favorites won at Oakland today, but some
of the other winners were well played.
There were some close finishes. Phil
Archibald won by a nose from Golden
Light, a 10-to-l shot, while Picador and
Eva G. gained neck victories. Picador
was lucky to win. as Bangor, who sulk-id,
was closing very fast. While breezing
this morning. May W. and Parlzalde were
injured. Results:
Six furlongs, selling Our Lizzie won,
Dcvereaux second. Onyx third: time, 1:19.
Seven furlongs, selling Phil Archibald
won. Golden Light second, Frank Woods
third; time, 1:33. "
Four furlongs, purse, 2-year-olds eligi
ble to Gebhart stake Georgle West won,
Arbo second, Hudson third; time, 0:50.
One and a quarter miles, selling Pica
dor won, Bangor second, Morinel third;
time, 2:131.
Mile and 50 yards, selling El Mldo won.
Loyal S. second, Grand Sachem third;
time. 1:4S.
Six furlongs, selling Eva G. won, Kill
doe second. Quiz II third: time. lrlSVi.
Races at New Orlenns.
NEW ORLEANS, March 12. Crescent
City results:
Half mile Navasota won, Eugla second,
Suevlus third; time. 0:46.
Seven furlongs Mr. Phlnnlzy won, Al
gle M. second, Een Hullum third; time,
1:27.
Handicap, mile and 70 yards Lofter
won. Scarlet Lily second, Johnnie Mc
Carty third; time. l:44Vfc.
The Bush cup, two miles and a quarter
Azim won. Little Elkln second. Major
Manslr third: time, 3:59.
Seven furlongs Lord Quex won. Balm
of Gllcad second, Marcos third; time,
1:27.
Mile and three-sixteenths, selling Lin
den Ella won, Woodtrice second, Dr.
Stephens third; time, 2:C0.
The Six-Day Race.
PHILADELPHIA. March 12. Of the 70
men who started In the six-day race Sun
day night. 46 have ' dropped out. The
scores of the 10 leaders at midnight were:
Miles. Laps.
Cavanautrh 30G
Fahey 291
Gllck 2S4
Tracey 276
Day ; 2S5
Hart 2S7
Barnes 254
Nolen 226
Dean 208
Barclay l9o
Vancouver Sportsmen Organize.
VANCOUVER. Wash.. March 12. The
Vancouver Sportsman's Association was
organized last evening, and the following
officers elected: President, M. L. Coo
vert; vice-president. Christian A. Engle
man; secretary, H. M. Swartz; treasurer,
E. M. Scanlon. '
BIG WORKMEN RALLY.
Upchurch Lodge Discusses Coming
Supreme Lodge Convention.
Upchurch Hall, cornet Seventeenth and
Marshall streets, was crowded to over
flowing last evening by the members of
the A. O. U. W. of North America, who
gathered for the purpose of arranging for
the coming session of the supreme lodge.
The meeting was honored by the presence
of C. C. Hogue. of Albany, grand master
workman; C. J. Wheeler, grand guide:
A. W. Allen and W. H. Reader, grand
lodge finance Committeemen; J. E. Wer
leln and Ralph Feeney, supreme represen
tatives. Three hundred enthusiastic Workmen
were present, and for their edification the
beautiful Initiatory ceremony was con
ferred upon A. King Wilson. C. C Hogue,
the master workman, presiding during the
ritualistic ceremony, and Mr. I. Bales giv
ing the secret work In an Impressive man
ner. Never before were the principles of
the order, as represented In the 13th
chapter of I Corinthians, more Impress
ively rendered.
J. T. Whalley, the first speaker of the
evening, opened In a humorous strain, re
ferring to 'national conventions, and as to
why the great Eastern cities always bid
for these meetings. "Portland." said Mr.
Whalley, "Is naturally a great city, and It
these National conventions are great for
Eastern cities, why, who can estimate the
amount of good that will come to our
great city from these gatherings?"
T. H. Fearey spoke briefly from a busi
ness man's standpoint. "Work must be
the watchword of the hour; work lh sea
son and out of season; and let no citizen
of the city rest from these labors until
after the adjournment of the supreme
lodge. We are naturally great, and we
must be great In hospitality."
At this part of the evening's work re
freshments were served. J. E. Werleln,
In his usual forceful manner, spoke of
the hard work that was done to secure
this convention for Portland. "We from
Oregon knew that we could surpass any
thing In the far East." said Mr. Werleln.
"or any other place, for that matter. In
the way of natural scenery. Now that we
have won the convention, we as Workmen
must extend to our visitors every cour
tesy. "We must become filled with the
principles as Inculcated in the watch
words of our order, and, having become
thoroughly imbued, our countenances will
fairly shine forth In tokens of hospitality,
until our citizens become partakers of the
same feeling and heartily co-operate with
us In our great work."
Grand Master Workman C. C. Hogue, of
Albany, spoke of the condition of the or
der, and numerous statistics were pre
sented In an able manner. Mr. Hogue
said that the enthusiasm already engen
dered in Portland had already reached up
the Willamette Valley, and Albany had
become aroused. A large delegation was
coming down to Portland by special train,
large delegations were already assured
from as far south as Jacksonville and
Ashland, while Intermediate cities would
fall In line.
H. D. Ramsdell spoke -for the League of
Honor, urging a large Increase In mem
bership as a present to the supreme lodge
when assembled here.
Ralph Feeney, supreme representative,
a member of Upchurch Lodge, described
the work of the lodge, telling of many
pathetic scenes that had come under his
personal observation. He closed by thank
ing the League of Honor for visiting
North Portland, and promised great
things for the reception of the supreme
lodge, not only the Workmen, but all the
residents of North Portland.
The League of Honor then held its reg
ular weekly meeting, accepting, as also
did Upchurch Lodge, an Invitation from
Master Workman Carr to attend a green
social to be given by Industry Lodge on
next Monday evening, and to visit offi
cially next Tuesday evening Crescent
Lodge, No. 10.
i
Count Waldersee May Not Come.
NEW YORK, March 12. Count von
Waldersee has postponed his Journey to
the United States for a year, says a Her
ald dispatch from Berlin. An amusing
ABOUT CATARRH CURES
The Reason Why Inhalers and Local J
Applications are Useless.
For many years catarrh was considered
to be a local disease and was treated en
tirely by local remedies, salves, ointments,
powders sprays and Inhalers, and nearly
all of these gave a temporary relief, but a
genuine permanent cure was very rare.
It is true the most annoying symptoms,
like stoppage of the nose and throat
trouble, are purely local, but they are
simply symptoms'and the real seat of dis
ease Is far removed.
Catarrh Is a constitutional disease, a
blood disorder, complicated usually with
disease of the liver and to suppose that
local applications of sprays, powders. In
halers, could ever reach the real cause
of the trouble Is ridiculous.
The sensible and successful treatment is
to remove the catarrhal poison from the
system by regulating the liver and puri
fying tho blood, and this can only be
done by an internal remedy, which should
consist of antiseptics and remedies' to act
vigorously on the blood and liver.
The best preparation of this kind which
fills all the requirements of a safe con
stitutional treatment Is Stuart's Catarrh
Tablets, compo&ed of blood root, red gum
and similar wholesome antiseptics, which
are absolutely safe to take into the stom
ach and which act upon the liver, stomach
and mucous membrane.
Stuart's Catarrh Tablets are large pleas
ant tasting lozenges to be slowly dissolved
In the mouth, thus reaching the mucous
membrane and windpipe and finally reach
ing the stomach.
Dr. Edmondson, In speaking of the new
treatment for catarrh, says: "I have ac
complished the most satisfactory results
In all forms of catarrh of the head, throat,
bronchial tubes, as well' as catarrh of the
stomach and liver by using nothing else
but Stuart's Catarrh Tablets. I long
since threw aside sprays and Inhalers as
being Inconvenient and at the best mere
temporary make-shifts.
Stuart's Catarrh Tablets act Immediately
upon the liver and blood and clear the
whole system of catarrhal poison. They
arc pleasant and very convenient to use,
and they are not only the latest, but I be
lieve them to be the best and certalnly
the safest treatment for any form of
catarrh."
All druggists 3ell Stuart's Catarrh Tab
lets at 50 cents for full-sized package.
A little book on cause and cure of ca
tarrh mailed free by addressing the F.
A. Stuart Company. Marshall, Mich.
story is going about to the effect that
Countess von Waldersee, reading the ac
counts of what hapencd to Prince Henry
and the almost superhuman efforts he
was called upon to make during his visit,
has become much alarmed lest anything
like it should fall to her husband's share,
so the story goes.
Countess von Waldersee, who Is anx
ious about her husband's health, resolved
that tho American trip, about which she
was enthusiastic recently, be deferred until
tho American pro-German enthusiasts
have had time to cool.
fliisORDERSl
OF MEN l
f jllll
vf Signed 'y- 7 Blua f LA
JoMPAHY'S EXTRACT bSpI
lvs) Added to Soups and Saucesfl
WmaRcs them like the products!
Zrv fagga of the best JL
WgDjM feUg French CqoKS?J
SPECIALISTS FOR MEN
Many Men Treated for a Weak
ness Which Xever Existed
In the largest proportion of cases
of lost vitality, prematureness and
the train of symptoms known as
"weakness," certain morbid con
ditions of the urethra and prostate
?land. damaged by early dissipation,
too often repeated and too long con
tinued excitement so react on the
organs that a condition of dimin
ished vitality and function Is In
duced. Our knowledge of the mor
bid changes in the organs them
selves Is quite clear and full, but
how these changes operate on the
nerves and spinal cord center are
mysteries to the medical profession.
Whatever the morbid change may
be, however, the effects are appar
ent .to the embarrassed sufferer;
those troubles being symptomatic
of the above-mentioned and well
defined morbid conditions, It seems
that even the unprofessional pa
tient must understand that stom
ach drugging will not cure, but ef
forts directed toward repairing the
lamaged tract will restore. In prac
tice such Is the case, as the treat
ment on these lines never falls to
accomplish the desired result. Col
ored chart of the organs sent on
application. Wo also cure Stric
ture. Rupture, Piles, Kidney and
Bladder diseases.
Br.Talcott & Co.
PORTLAND OFFICE i
250 J Alder Street, cor. Third
San Francisco Office. 997 Market st.
THE PALATIAL
OREGONIAN BUILDING
H
ill lit
Not n dark ottlce In the building
absolutely fireproof; electric lljcnti
and artesian water; perfect sanita
tion and thorough ventilation. Ule
vators run day and night.
Rooms.
AINSLIE. DK. GEORGE. PhvMcian 413-414
ANDERSON. GUSTAV. Attorney-at-Law...U12
ASSOCIATED PRESS: E. L. l'cmcl!. Mgr.. .Sua
AUSTEN". F C. Manager for Oregon and
Washington Bankers' Life Association ot
Des Moines. la CIE1-50J
BANKERS LIFE ASSOCIATION. OF UES
MOINES. IA.; F C. Austen. Mgr OOU-503
BEAL.S. EDWARD A.. Forecast Official V.
S. Weather Bureau 910
BENJAMIN. R. W.. Dentist 314
BERNARD. G.. CashKr Tontine Savings
Association , 111-213
BINSWANGER. OTTO S.. I'hjb'.clan ani
Surgeon 407-103
BROCK. WII-BUR F.. Circulator Orego-
nlan C01
BROWN. MYRA. M. D 313-314
BRUERE. DR. G E.. Phslclan... 41U-41J-414
CAMPBELL. 'VM. M.. Medical Referee
Equitable Life "W
CANNING. M. J CC.M.03
CARDWELL. DR. J. R.. Dentist oOH
CAUKIN. G. E.. District Agent Travelers
Insurance Company "13
CHu'RCHILL. MRS. E. J 71G-T17
COFFEV. DR. R. C. Surgeon 405-4'JU
COLUMBIA TELEPHONE COMPANY
C04-G05-W)G-U7-UI3-014-I"13
CORNELIUS. C. W.. Pays, and Surgeon. ...200
COLLIER. P. F., Publisher; S. P. McGulre.
Manager ....i 't5
DAY. J. G. & L N 313
DICKSON. DR. J. F., Physician 713-714
EDITORIAL ROOMS Eighth Floor
EVENING TELEGRAM 323 Alder Street
EQUITABLE LIFE ASSURANCE SOCI-
ETY; L. Samuel. Manager; G. S. Smith.
Cashier 303
FENTON. J. D.. Physician and Surgeou..50U-10
FENTON. DR. HICKS C. Eye and Ear oil
FENTON. MATTHEW F.. Dentist SOU
GALVANI. W. H.. Engineer and Draughts
man oo
GEARY. DR. E. P.. Phys. and Surgeon 408
GIESY. A. J.. Physician and Surgeon... 700-710
GILBERT. DR. J. ALLEN. Physlclan..40l-402
GOLDMAN. "WILLIAM. Manager Manhat
tan Life Ina. Co.. of New York 209-210
GRANT. FRANK S.. Attorney-at-Law 017
GR1SWOLD & PHEGLEY. Tailors
Ul Sixth Street
HAMMAM BATHS. Turkish and Russian..
JOO-J01-302
HAMMOND. A. B 310
HOLLISTER. DR. O. C. Physician and
Surgeon 504 503
IDLEMAN. C. M.. Attorne j -at-Law ...416.-17-13
JOHNSON. W. C 313-310-317
KADY. MARK T.. Supervisor of Agent.
Mutual Reserve Fund Asa'n 0O4-G05
LITTLEFIELD. H. R.. Phys. and Sur 20U
MACKAY. DR. A. E.. Phys. and Sur... 711-712
MANHATTAN LIFE INSURANCE CO. OF
NEW YORK; W. Goldman. Mgr 200-210
MARSH. DR. R. J.. Phy3. and Surgeon.404-40t$
MARTIN. J. L. & Co.. Timber Lands t,ul
McCOY. NEWTON, Attorney-at-Law 713
McELROY". DR. J. G.. Phys. & Sur.701-702-70.1
McFADEN. MISS IDA E.. Stengorapher -li
McFARLAND. E. B.. Secretary Columbia
Telephone Company .........COO
McGINN. HENRY' E.. Attorney-at-Law.311-lU
McGUIRE. S. P.. Manager P. F. Collier.
Publisher -"3
McKENZIE. DR. P. L.. Phy3. and Sur..512-U
METT, HENRY 21S
MILLER. DR. HERBERT C. Dentist and
Oral Surgeon W)3-003
MOSSMAN. DR. E. P.. Dentist 5U-514
MUTUAL RESERVE FUND LIFE ASS"N;
Mark T. Kady. Supervisor of Agents.. WJ4-G05
NICHOLAS. HORACE B.. Attorney-at-Law.713
NILES. M. L., Cashier Manhattan Life In
surance Company of New York 209
OLSEN. J. F.. State Agent Tontine Sav
ings Association 211-212
OREGON CAMERA CLUB 214-215-2IG-21T
OREGON INFIRMARY OF OSTEOPATHY
409-410
OREGONIAN BARBER SHOP; Rudolph
Marsch. Prop 12U Sixth Street
OREGONIAN EDUCATIONAL BUREAU:
J. F. Strauhal. Manager 200
PORTLAND EYE AND EAR INFIRMARY'.
Ground Floor. 1J3 Sixth Street
QUIMBY. L. P. W., Game and Forestry
Warden 213
REAVIS. DR. J. L.. Dentist G0S-GO9
REED. WALTER. Optician... 133 Sixth Street
R1CKENBACH. DR. J. F.. Eye. Ear. Nose
and Throat 701-702
ROSENDALE. O. M., Metallurgist and Min
ing Englner - 310
RYAN. J. B.. Attorney-at-Law 015
SAMUEL, L.. Manager Equitable Life 30ti
SHERWOOD. J. W.. Deputy Supr-imi Com
mander K. O. T. M 517
SMITH. DR. L. B.. Osteopath 400-410
SMITH. GEORGfi 3.. Cashier Equltabla
Life 308
STUART. DELL. Attorney-at-Law C17-C18
STOLTE. DR. CHAS. E.. Dentist 704-703
STOW, F. H.. General Manager Columbia
Telephone Co COd
SUKUEON OF THE SP. P. RY. AND N. P.
TERMINAL CO 701
SUPERINTENDENT'S OFFICE 201
THRALL, S. A., President Oregon Camera
Club -2H
"THREE IN ONE" QUICK ACCOUNT
SYSTEM COMPANY. OF OREGON 613
TONTINE SAVINGS ASSOCIATION. Min
neapolis; J. F. Olsen, State Agent 211
TUCKER. DR. GEO. F., Dentist 610-011
U S. WEATHER BUREAU. ...9O7-00S-9O0-91O
V. S. LIGHTHOUSE ENGINEERS. 13TH
DIST.; Captain W. C Langnltt, Corps of
Engineers. U. S A S03
U. S. ENGINEER OFFICE RIVER AND
HARBOR IMPROVEMENTS; Captain W.
C. Langfltt. Corps of Engineers. U. S. A.. 810
WILEY. DR. JAMES O. C. Phys. & Sur..708-9
WILSON." DR. EDWARD N. Physician
and Surgeon 304-303
WILSON. DR. GEO. F.. Phys. & Surg..706-707
WILSON. DR. HOLT C. Phys. &. Surg..507-503
WILLAMETTE VALLEY TELE. CO UI3
WOOD. DR. W. L.. Physician 412-413-411
Offices may be had by applying to
the superintendent ot the bnildlne,
room 201, second floor.
vi r Vk;::..
No Pay
THE MODERN APPLIANCE. A poltn
way to perfect manhood. The VACUUM
TREATMENT cures you without medicine ot
all nervous or diseases of the generative or
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varicocele, lmpotency. etc. Men are quickly re
stored to perfect health and strength. Writ
for circulars. Correspondence confidential.
rHE HEALTH APPLIANCE CO.. room 47-44
Jaf Deposit building. Seattl. Wash.
i
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charges, or any inuamma-
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