THIS aimtJXIA'U UKiCfUjyiAjy, SA'UUKDAy, SEPTJSMBJjTC 13," 1SJUZ.
MAY CITY TAX LAWYERS?
OCCUPATION; LICENSE. CASE IS AR
GUED IN CIRCUIT COURT.
Attorneys Makinpr Flffht Set Up Con
tention that Common Conncll la
Limited by tlie Cliarter.
The authority of the city to compel law
yers to pay a license tax was argued be
fore Judges Sears arid Frazer yesterday
bv E. T. Taggart, representing the
plaintiffs. George P. Lent. H. B. Adams
and others, and J. J. Fitzgerald. Deputy
City Attorney, for the city. A decision
will be rendered soon.
Mr. Taggart contended that the Coun
cil is" limited to license certain, trades and
callings by the following section of the
city charter;
To license, tax and regulate brokers, wharf
ingers, auctioneers, drummers, hawkers, ped
dlers, pawnbrokers, ticket-brokers' and scalpers,
places or public amusement or entertainment.
Including theaters, operas, exhibitions, shows
and the like, hotel, tavern and boarding-house
keepers and runners, steamship and steamboat
runners, Junk dealers? dealers In second-hand
articles or merchandise, the keepers of billiard
tables, bowling alleys and shooting galleries.
And for the purpose of this act to define and de
clare what constitutes any such professions,
callings,' employments or places of amusement
or entertainment.
To license livery or" boarding stables, hacks,
e&loons, etc
Counsel urged that the Council is, di
rectly limited to these particular trades
ana occupations, and also asserted that
a license to create revenue for any of the
lunds Is not authorized because the cltjr
charter limits the tax to 8 mills.
The decision of the Supreme Court In the
Gadsby vehicle tax suit was read, as fol
olws: Under a charter limiting the rate of taxation
dividing the total amount received from taxes
Into certain specific funds, and providing that
"no other or greater sum shall be appropriated
for the purposes above set forth." no xnone7
other than that raised for such funds by gen
eral taxation can be provided for any of the
purposes for which particular funds have been
created; so that an ordinance levying a tax for
the purpose ot Increasing one of the designated
funds Is Invalid as an attempt to collect reve
nue In excess of the charter authority, the full
rate of taxation having already been levied.
An ordinance Intended to raise revenue for
the increase of a certain fund, which ordinance
ds beyond the power of the Council to enact as
a revenue meaBure.vcannot be sustained, on the
ground that It is an exercise of police power.
The title of the ordinance to which this
decision relates provided that the license
was for the purpose of city revenue, and
also provided that "all moneys derived
from licence taxes under the provisions
of this ordinance shall be placed to the
credit of the fund for the repair of streets
and bridges."
The title of the present ordinance which
Is being contested is entirely different and
provides only as follows:
An ordinance taking and regulating for the
purpose of revenue businesses, trades, callings
and -employments.
Mr. Fitzgerald argued that the decision
of. the Supreme Court does not apply to
the present ordinance, which says nothing
about the moneys received being used to
augment a certain fund. The moneys
went Into the general fund. Counsel also
contended at length that the city, under
the following clause In the city charter,
has power to license any and all trades,
occupations, etc:
To license, tax and regulate for the purpose
of city revenue all such businesses, callings,
trades and employment as the Common Council
may require to be licensed, and as are not pro
hibited by the laws of the state.
Mr. Taggart asserted that the two license
sections go together, and that the power
of the Council Is limited to the trades and
callings mentioned in tho other section
of the charter.
Mr. Fitzgerald made a long argument to
the contrary, and submitted numerous
authorities.
NO DAMAGE FROM MINE.
Edward McCnnn Lose His Snlt
Against Edgar T. Wallace.
In the suit of Edward McCann against
Edgar T. Wallace, to restrain the defend
ant in the operation of a placer mine,
and from damaging McCann by flowing
water over his land and depositing mining
debris and slickens, Judge Bellinger held
that plaintiff is not entitled to such re
lief, and the complaint was dismissed.
The water used in the operation of the
mine is taken from Althouse Creek by
means of a tunnel through a divide that
separates the waters of that creek from
Democrat Creek. McCann owns 425 acres
of land, which he values at $10,000, and
he complained that the water from the
mines is filling up the channel of Demo
crat Creek, and the water Is spread over
bis land, rendering it boggy, unfit for
cultivation, etc
Judge Bellinger reviewed the evidence
at considerable length and referred to the
fact that witnesses for McCann testified
-that between 15 and 25 acres were covered
with debris, and others said 10 to 15 acres
were affected.
On the other hand. 12 witnesses farm
ers, miners and others testified that
there is no debris on the land in quanti
ties to Injure, It, and 13 other witnesses
testify to the same thing. Before start
ing the mine the superintendent offered
to levee all the low places on McCanrt's
land, and offered to pay per acre for
the land, and both of these offers were re
fused; and also an offer to repair a ditch
running through the land.
The preponderance of evidence the court
held is against claim of Injury and dam
age, and the re'fusal of McCann to permit
the defendant to build a levee along the
ditch and improve 1t and keep It in re
pair, the court said, -was, unreasonable, so
the relief asked was denied. The mine Is
very valuable and Is owned by the Alt
house Mining Company.
MUST PAT ?200 DAMAGES.
United States Wins Suit Against Rob
ert Mcintosh.
In the suit of the United States against
Robert Mcintosh and his bondsmen.
Judge Bellinger rendered judgment
against the defendants for 5299. "Mcintosh
took a contract to launch Columbia River
light vessel No. 50. which was stranded
near MacKenzie Head. He failed to get
the boat Into -deep water. In the process
of the work ho- borrowed and used rope,
anchors, chains, etc, belonging to the
rope in a damaged condition and $27!
pounas oi rope was not returned at all.
Bome anchors and chains were left where
they were fastened.
The court found that when Mcintosh
borrowed rope and returned It la damaged
and worn-out condition, it was pmilvntnt
to a sale, as the Government would not
allow property to be used and returned in
this manner.
The court figured out the valiipn nt tvi
various things taken, and In making up
the result allowed Mcintosh all proper
credits.
E. T. FRENCH GETS NEW TRIAL.
Judge Bellinper Decides Point ot
Law In His Favor.
A new trial was allowed by Judge Bel
linger in the case of tho "United States
against E. I. French. French
victed of sending obscene matter through
ine mans. j.ne deposition of a witness,
since deceased, was taken, but without the
presence of French or any one represent
ing him. The conrt on thin nnint
"The deposition was taken in a distant
part of the state from where the court
was held and the defendant's attorney re
sides, without the defendant's consent or
presence, and was not admissible The
testimony taken at the preliminary ex
amination, when the defendant was pres
ent, if admitted, fails to establish the ma
terial fact sought to be proved that the
letters in evidence were the letters proved
to have been maljed by the defendant, as
to which, without the deposition in ques
tion, there was no evidence."
French was convicted of sending letters
In Sherman County to a woman, reflecting
upon the reputation of her daughter, and
also of writing obscene poetry.
As Judge Bellinger, in this decision, has
decided that the deposition is Inadmis
sible. French will probably never be tried
again, as the remaining evidence Is not
sufficient to convict
NO DAMAGES FOR KEHANI.
Judsre Bellinger Decides Owners, Not
Robert WaIccflcld,Were Negligent.
Hosford & Gorspach, owners of the
steamboat Kehani, who fllcd a suit against
Robert Wakefield, a bridgebullder, for
damages because the Kehani struck a lot
of piling at the north end of a bridge pier
at the mouth of the Lewis River, were
found by Judge Bellinger yesterday to
have no case whatever against Wakefield.
On the contrary, the persons in charge
of the' Kehani were held to have been
carelcys and reckless, and to have injured
the defendant.
The accident occurred on November 22.
1901. Wakefield was engaged in driving
bridge piling for the Washington & Ore
gon Railroad Company. The Kehani was
towing the scow Lincoln, loaded with
raftroad ties. The plaintiffs, In their com
plaint, alleged that Wakefield had caused
50 piles to, be driven down close to the
water's edge, and that the river had
risen three feet, resulting in the piles
being submerged and undisccrnible. It
was charged by Hosford & Gerspach that
for this reason the Kehani and her tow. In
endeayoring to pass through the draw,
struck the piling and pier and were dam
aged. Judge Bellinger, in his decision, referred
to the testimony given by four witnesses
that the rise in the river was unprece
dented, and the current was the swiftest
ever known, and the JCehanI was not
under control, and struck the bank fre
quently. The court said that under the
circumstances the attempt to back down
with a loaded scow was an act unaccount
able and Imprudent, and it was not sur
prising the scow and tugboat went bump
ing along the shore-and missed the open
ing of the draw by a little less than 100
feet and crashed nearly broadside into the
pier. The Ubellants were not only neg
ligent, but recklessly so, and the case
would be dismissed.
J. F. MIXER EXONERATED.
Judge Bellinger Grants Hlra a Dis
charge "From Bankruptcy.
J. Frank Miner, a merchant at Klamath
Falls, was granted a discharge from bank
ruptcy by Judge Bellinger yesterday. The
decision was rendered in passing upon a
a motion for a rehearing. When Miner
went into bankruptcy his wife filed a
claim for $2000 assigned to her by her
father, Judge G. W. Smith, of Klamath
County. Proof was made against the es
tate, but the creditors objected, and the
claim was disallowed by the referee in
bankruptcy. She appealed, and the claim
was approved by the court. Miner next
made an application for his discharge in
bankruptcy, and the creditors again ob
jected, and alleged, among other things,
that Miner had committed perjury about
24 times, and asserting that his attitude
in favor of-the payment of the claim held
by his wife, and also a claim held by his
brother-in-law, H. E. Smtih, for $503,
was a conspiracy to defraud the cred
itors. Judge Bellinger decided In favor
of MInervand after a rehearing has again
louna in nis xavor, wnicn completely ex
onerates Mr. Miner of all of the charges
made against him.
NEW TRIAL IN OLD SUIT.
Henry Smith Seeks to Recover Dam
ages From J. G. and I. X. Day.
Judge Bellinger allowed a new trial In
the suit of Henry Smith vo. J.'G. and I.
N. Day. Smith several years ago was a
passenger on the steamer Dalles City,
which was lying at the wharf at Cascade
Locks. He was struck on the head and
injured by a rock which came from a
blast fired by the defendants.
The case has already been tried three
times, and was once before the United
States Circuit Court of Appeals.
At the first trial Smith obtained a ver
dict for $2000. He avers that ho was
asleep In the forward cabin when the ac
cident happened, and had previously en
gaged in playing cards on the front deck
and heard the blasting. A point in the
case is the amount of precaution Smith
was required to exercise to guard against
injury from the flying rocks, he being
aware of the danger.
FOUR DIVORCES GRANTED.
Wives and Hnsbnnds Deserted
by
Their Spouses.
Four divorces were granted by Judge
Frazer yesterday. Olive Lewis was di
vorced from Charles Lewis because of de
sertion. William L. Wheatlcy was granted a di
vorce from A. Wheatley on account of
desertion.
Because of abandonment in April, 1S97,
Emma Moore was divorced from Jesse
Moore. They were married in the year
1885.
Desertion was also the cause of a di
vorce granted to Angeline Wensley from
Arthur D. Wensley. They were married
in" 1S68. Mrs. Wanpley testified that her
husband left her in December, IKS, and
had since refused to support her.
BOYS SENT TO REFORM SCHOOL.
Frank Reynolds and John Johns,
Who Were Arrested for Burglary.
Frank Reynolds and John Johns, alias
Eugene Miller, two boys charged with
burglary, were sentenced to the Reform
School yesterday by Judge Sears. The
boys wanted to go In preference to being
sent to the penitentiary. Superintendent
H. D. Bickers, of the Reform School,
was present in court, and stated that he
would take Reynolds and Johns up on the
afternoon train.
George White, the other party to t.ve
crime, a man- 3G years old. was tried
and convicted by a jury. Judge Cleland
presiding. The place entered was a store
on Seventh street, kept by Japanese.
SUES FOR 91000 DAMAGES.
H. Laumnn Says He Was Assaulted
on Southern Paclflo Train.
H. Lauman. a commercial traveler, filed
suit in the State Circuit Court yesterday
against the Southern Pacific Company to
recover $1000 damages. Lauman on June
C last was a passenger on the train from
Portland to San Francisco, and his ticket
was questioned and taken from him by the
ticket Inspector. When he remonstrated
he alleges that he was assaulted and eject
ed from one of the cars, but was not put
off the train. He alleges as a cause for
damages that he was struck In the pres
ence of his fellow-passengers, and was
humiliated. Henry E. McGinn and V. K
Strode appear as his attorneys.
Articles of Incorporation.
Articles of incorporation of the Ameri
can Track & Bridge Bolt Company were
filed in the County Clerics office yester
day Dy unaries n. morgan, iiarvey u.
Jones and A. Trevelyn Jones. The capl.
tal stock is $100,000. The objects aro to
manufacture track and bridge bolts, and
to purchase the patents of Charles E
Morgan for an Improvement In fasten
Ingsi Court Notes. 1
Lee F. M. Dillingham was authorized
by the County Court yesterday to change
his name to Michael Francis Dillon.
The committee on resolutions on the
death of John Catlln will report in de
partment No. 1, State Circuit Court, this
morning at 9:30 o'clock.
The will of William Lewis was admitted
to probate in the County Court yesterday.
The property Is valued at $1460. consist
ing of various lots and notes, and is be
queathed to Stephen W. Gregory and wife.
Stephen W. Gregory Is named as executor.
SMOKE SI OPS -SHIPPING
THICK BANK PREVENTS VESSELS
REACHING THE COLUMBIA.
Large Fleet of Over-Sen. nnd Coast
ing Craft Due Additions to the
Engaged List.
The pall of smoke that hangs over this
part of the country has almost brought
the shipping business to a stop. It has
caused" a decrease in the grain receipts
of the port, and ships that should be
taking aboard wheat as fast as the long
shoremen ran stow It away are neces
sarily forced to remain Idle. The thlcK
bank of smoke and fog that hangs over
trie mouth of the Columbia not only ren
ders It difficult for vessels to pass out,
but makes it almcst Impossible for any
thing without steam power to come In.
A number of ofshipf are duo, and It is
expected that when the weather changes
quite a fleet will reach- the port.
Among the first that may be looked
for are the French bark Lafayette and
the German ship Morven. Both arc due
from San Francisco. The former will
load wheat for the- United Kingdom and
the Latter will take aboard flour for the
earn diatinatlcn. The British ship John
Cooke Is now out 150 days from Liverpool,
and la probably off the "coast, waiting for
a chance to come In. The Brltfeh ship
Port Logan, from Algba Bay, is also due,
being out 131 days. Beslde thes ves
oels a number of coasters may be ex
pected with the return of clenr weather.
Cables yesterday reported two charters
for Portland. One Is the British bark
Semantha, 22U tons, now in port, which
lias been fixed at 26s Gd. The other Is the
British ship Allonby, 1400, tons. As to her
rate, reports differ, but it is either 26s 3d
or 27s Cd. The Allonby left Melbourne on
the 5th for Royal Roads, where she wlil
get her orders to proceed to the Colum
bia Tho names of the charterers of these
vessels were not dlvulsed.
Of the wheat fleet In port, the Rlckmers
was loadlnjj yesterday at Oceanic dock.
She will finish next week. The Bramble
tye dropped down from the elevator to the
flouriqg mills and began loading flour.
The Routenburn, leaded by Kerr. GIfford
& Co., cleared at the Custom-House for
Queenstown or Falmouth for orders, with
110.246 bushels of wheat, worth $70,to0. The
steamship Polamhnll.'nJso loaded by Kerr,
GIfford Sc. Co.. cleared for St. Vincent,
via Tacoma, with 99,700 bushels of barley,
value $e9,0SS; 24,000 bushels of oats, value
514.C93, nnd 9200 bushels of wheat, value
$7842. ' The Polamh'all left down stream at
10 In the morning.
Ancient Boat Found.
The Senator, which arrived at Vancou
ver, B. C, from the North a few days ago,
brougnt the story of the discovery of an
old craft in the Kongarok mining district
In Alaska. The boat was constructed of
cedar and was put together with wooden
pegs. It was found by miners working a
claim near Windy Creek. Marks found
upon tho boat indicate that it was built
during the year of 17G3, or 133 years ago.
It was in a fair state of preservation. It
has been the theory of mining men. that
many years ago the country In the vicin
ity of Nome was mined by unknownpeo
ple, and as the claims are worked evi
dences supporting this theory are found.
Last year cofferdams and flumes were
found, together with beads. They were
found at a considerable distance beneath
the surface, and It was noticed that the
pay streak gave out where such discover
ies were made.
Tho Homeward-Bonnd Tide.
NEW YORK. Sept. 12. Pressure upon
the Atlantic stenmshlp lines for passage
to New York and Boston is now so great
that every berth haj been taken for all
steamers sailing this week, cables the
London correspondent of the Tribune.
There are many travelers who have been
unable to obtain accommodations on any
outgoing vessels for a fortnight, and they
are seriously inconvenienced by the delay.
Columbia Log Raft Sighted.
SAN FRANCISCO.. Sept. 12. The steam
er Geo.'W. Elder reports that on Septem
ber 11, at 3 P. M., about three miles south
of Cape Mendocino, she sighted the log
raft which la being towed down from As
Xoria by the steam schooner Arctic The
raft appeared to be In good -shape, and
the Arctic' reported all well.
Succeeds Goodnll, Perkins & Co.
SAN FRANCISCO, Sept. 12. President
J. J. Hill, -of the Great Northern Railway,
has appointed J. F. Lawless manager of
the Pacific Coast Steamship Company In
this city, in place of Goodall, Perkins &
Co., the former agentn. The company Is
owned by. the Pacific Coast Company, of
Seattle, which In turn is an adjunct of the
Hill road.
Colnmbln Gets Out of the Channel.
ASTORIA, Or.. Sept. 12. The steamship
Columbia, en route up the river, has been
bard agrcund since high tide this morning,
a short distance above Tongue Point, and
about 1 miles out of the ship channel.
It Is doubtful If she can be floated'before
morning. She lost her bearings, owing to
the dense smoke.
Notice to Mnriners.
Notice La given by the Lighthouse Board
that pending repairs to the machinery,
the fog bell on the southeast extremity
of Alcatraz Island, San Francisco Bay,
will not bo sounded during 'thick or foggy
weather until further notice. The bell on
the northwest extremity of the Island will
sound as usual.
Thetis Retnrns From the North.
PORT TO'rt'NSEND, Wash., Sept. 12.
The revenue cutter Thetis arrived from
Dutch Harbor this morning. The vessel
is here awaiting orders.
. Marine Notes.
The steamer Kingfisher has nrrived at
Vancouver, B. C, from the Northern hali
but banks, with 100,000 pounds of halibut.
A Tokio dispatch states that the . Boston
Steamship Company has decided to open
shortly a service of five steamers between
Vladivostok. Korea, Hong Kong, Manila,
via Japan.
The Amamnthe cleared yesterday morn
ing for Taingtau. China, with a $12.S64
lumber cargo, consisting of 1.C04.3S0 fct
of piling, 250.502 feet of dressed lumber
and 61 cords ofslab.
The Bureau of Navigation reports 119
vessels of S1.4G9 tons gross were built in
the United States and officially numbered
during August. The largest was the Pa
cific Mail steamer Siberia, of 11.254 tons.
The steamship Trcmcnt. a sister ship of
A SIMPLE CHANGE.
Made a World of Difference.
Tho health resort does not always bring
back health, but the health resort and
proper food make a pretty sure combina
tion. Mrs. E. Kcnnett, Springfield, Mo.,
writes: "I was pronounced a consumptive
and Vent to Asheville, N. C, for my
health. I just could not eat without a cup
of coffee, and my stomach was in such a
Condition that I could not drink It. I was
almost in despair when the landlady of
my boardlng-house said that If I would
drink Postum Food Coffee, I would find
It would take tho place of coffee and agree
with me. She made It so delicious that I
enjoyed every meal I ate, and gained In
flesh and strength so rapidly that I was
able to come back home nnd live.
''I give P03tum more credit for my re
turn to health than climate or anything
else. I am sending you this letter for
the benefit of those who are having a bard
time living, and J am euro that if they
will use Postum, their lives will be prolonged."
the Shawmut, is now. 44 days out from
New York on her way to the Sound. She
is due at San Francisco In about eight
days, and will arrive In Tacoma some time
the first of next month. The Tremont 13
the same sizo as the Shawmut and will
carry a cargo of 15,000 tons.
Aa a consequence of the marine engi
neers' strike, the towboat No Wonder, of
the Shaver Transportation Company, tied
up yesterday. There were no other devel
opments In the situation, the O. R. &. N.
boats, the Albany and the Kehani, re
maining at their wharves, and the other
river craft operating with nonunion men.
Regarding the Alice A. Leigh, which has
been lying in Royal Roads ever since her
arrival from the Orient, the Colonist says
orders have not been received for repairs.
Instructions in respect to" the work to bo
done are not expected until the arrival of
the owners from England. Mr. Joyce,
who Is now on his way from Liverpool, Is
expected to arrive at any time.
The Bureau of Navigation has-aligned
official numbers and signal letters to Pa
cific Coast vessels ns follows: Schooner
Argus, gross tonnage 5C6. net 523, built
nt Marshfleld. Or., 1902. No. 107.7S2; letters
K. R. w. N. Schooner Bedowln. groso
tonnage 20, net 15, built at Alameda, 11-02,
No. SS3S. Schooner Edward R. West, gross
tonnage S35, net 762, No. 137.01S; letters K.
R. W. H. Steamer Amerind, built at Ta
coma. Waj?b.. 1502. gross tonnage 14. net
10; No. 107.7SS. Steam schooner Ramona.
built at Alameda. 1902. gross tonnage 10S1.
net 671: No. 111.425; letters K. R. W. P.
Scow EigSandy, built at Port Blakeley.
Vash.. 1992, gross and net tonnage 1S3;
No. 31,724.
Domestic nnd Foreign Ports.
ASTORIA. Sept. 12. Arrived at 0 and left up
at 8:30 A. M. Steamer Columbia, from San
Francisco. Condition of the bar at 4 P. M..
obscured: wind northwest; weather hasy.
San Francisco. Sept. 12. Arrived at 8:23 A.
II. Steamer Ceo. W. Elder, from Portland, re
ports speaking the los raft oft Capo Mendocino
on tho afternoon of September 11. all well.
xiamDurg. sept. 12. Arrlved-Blocher. from
New York.
Seattle, Sept. 12.-Salled-Steamer City of To
peka, for Skagway. Arrived Steamer Chlco.
from Vancouver. "
WHERE CUPID'S ARROWS FLY.
Healthy Men Arc Ercrvirlirp
"WortJiy of Good Wive-.
"Cupldene" removes all the Impurities
from a congested system. "Cupldene" re
moves tho effects of disease. "Cupldene"
nUts new life and vigor in declining man
hood. Cupldene" is a drug store in a
single box. "Cupldene" cures tobacco or
liquor habits quicker than anything else.
It Is for srile at S. G. Skidmore & Co.'s.
Portland, Or.
The weak and tired orsans of the bodv
are built up by Hood's Sarsaparilla, ine
grent blood tonic.
DAILY METEOROLOGICAL REPORT
PORTLAND, Sept. 12.-S P. M.-3Iatmum
temperature, S2; minimum temperature, 72;
river reading at 11 A. If.. 2.3 feet: chan'se In
tho pa 24 hours. 0.2 foot: total precipita
tion. 5 P. M. to 5 P. M.. 0.00; total precipita
tion since Sept. 1. 1002. trace; normal precipi
tation since Sepj. 1. 1005. O.r.l Insh; dcflclsncy.
0.54 Inch; total sunshine Sept. 11. 6:17; porsl
ble sunshine Sept. 11, 12:4S.
PACIFIC COAST WEATHER.
2 1 Wind. ro
STATIONS. 'g 5 3 S
- m n
;3i: f :
; : 1 : :
Astoria ,
Baker City
Blumnrck ,
Boise
Eureka
Helena ,
Kamloops, B. C.
North Head ....
Pocatello
Portland
Red Bluff ,
Roseburjr
Sacramento
Salt Lake
San Francisco .
Spokane
Seattle
Walla Walla
7810.00
sw
s
NW
NW
N
E
E
S
NW
NW
Cloudy
Cloudy
t'lenr
SO 0.00
0410.00
S2 0.00
58 0.00
70 0.00
78 0.00
700.00
78 0.00
82 0.00
ICIoudy
irioudy
uiear
Clear
Cloudy
Clear
Smoky
Clear
Smoky
Cloudy
Clear
Clear
Clear
Smoky
Pt. cldy
noo.oo)
LS.
0.00
NW
S
NW
W
NE
E
S
0.00
0.00
0.00
0.00
0.00
S20.00
Llrht.
WEATHER CONDITIONS.
Dense noke continues over Western Oregon
and Western Washfnston. The wind ban shift
ed from easterly to southwesterly along: the
OreKon coast, and tho smoke in that section
has drifted landward, and along the shore the
weather Is now fogsy, with temperatures from
20 to 30 degrees cooler than yesterday.
Thero has been an Increase of 11 points In
humidity at Portland, but the air la pt'll very
dry. The meteorological conditions otherwise
are favorable for showers, but it Is not ex
peoted that any will occur during the nert 24
hours.
WEATHER FORECASTS.
Forecasts made at Portland for the 2S hours
ending at midnight Saturday, September 13:
Portland and vicinity Fair, with dense
smoke; northwest to southwest winds.
Western Oregon and Western Washington
OUR .
Carnival Consolidation
iearance Sale of
Will close Saturday night. Perhaps In all
the cut - rate piano - selling heretofore
known in tnis city nothing has come quite
so near factory cost as nt the present time
at our place, and that pianos are going
out at a rapid rate you only have to talte
a glimpse at our store. People In the city
are buying, people from all over the coun
try are buying, as during this sala we
have "shipped pianos to different parts of
Oregon, Washington. Idaho. Montana and
California. We started out to close out
our entire stock on hand to make room for
the big shipments on the way, purchased
for our consolidation houses, and from tho
way it looks we will have but few Instru
ments left Saturday night. However,
whatever is left will be good, as we do
not vend In the cheap, soft, wood-stalncd
case kind, with celluloid keys. Remember
this week, pianos that usually sell for
?500 go at $356; $100 at ?31S; $300 at ?22; ?250
at J1S6, and so on; ensh or easy payments.
Our consolidation with the Ramaker Mu
sice Company, of Seattle, makes us un
questionably the largest and strongest con
cern dealing direct with manufacturers
on the Coast, and we shall In the future,
as in the past, give our customers the
henefit of the lowest prices, over factory
cost, consistent with safe business prin
ciples. Allen & Gilbert
Ramaker Company
Successors to
THE WILEY B. ALLEN CO
The Great Consolidation Piano Company
209-211 First Street
PORTLAND AND SEATTLE.
PIAHOS
szAND:
ORGANS
Brewed in a plant as clczn as the cleanest home kitchen always open to
your inspection 58,97
CIIAS. KOIIN & CO.,
IT WON'T HURT A BIT
If you have your teeth ex
tracted ct our office. We
are the leaders in painless
dentistry. You needn't
worry sbout being hurt. You
will suffer more in one min
ute from toothache than you
would if we extracted a
dozen of your teeth.
' ' JET 1
W8SE BROS.,
Both Phones: Or. South 221; Col. 26S.
TAKE UUWN
A Winchester Takc
a strong shooting, full choked barrel, suitable for
trap orduck shooting, and an extra interchangeable
modified choke or cylinder bore barrel, for field
shooting lists at only $42.00. Dealers sell them
for lcsr This makes a serviceable all round
gun within reach of everybody's pocket' book.
WINCHESTER REPEATING ARMS COMPANY
127-135 First Street, - San Francisco, CaU
Fair, with denc smoke; northwest, shifting to
southwesterly winds.
Eastern Oregon, Eastern Washington and
Idaho Fair.
EDWARD A. REALS. Forecast Official.
KEAL ESTATE BARGAINS
If interested in any of the following proper
ties, write at ence for full particulars. It you
buy a property through me, and at any time
within two years you should decide that It Is
not Just what you want. I will resell It for !
ices.
1C0 A. and lmpts.. Somerset Co.. Pa.
62 A., unimproved, lloore Co., K. C.
Res. and Blacksmith Shop, Joncsboro, 111. -
150 A.. Fmnklln Co., Ga. Good bldgs.; 20 A.
tlmbsr; near R. R,
1SS A anil trnjlts., Crowley Co., Kan. ; 1-10 A.
cultivate; 4 miles to R. R.
Houe and lot-, Hardeville. Fla.
Res. and 34 A. truck land, Sarcosle, Mo.
Frosrects ot mineral; near R. R.
20 A. unimproved, Leo Co.. Fla.
320 A. and impts.. Weld Co.. Colo.
House, Blacksmith Shop, Feed dlll and 1V6
A. land, Snoma. S. D.
100 A. and impts.. Sweet Grass Co.. Mont.
81 A. and impts.. farm Implements and fur
niture. Middlesex Co.. Cunn.
700-A. ranch. San Diego Co., Cal.; livestock,
farm Implements; good bldgz. 230 A. orchard.
700 A. cultivated. 73 A. alfalfa; well fenced;
4 milei from R. R.
Hi: A. and lmptn., Jeffcrjn Co.. Ark.
3R5 A. and impts., Esex Co.. Vt.
ICO A. and Jmpts., Cape Girardeau Co., Mo.
1C0 A. and lmpts.. Cape Girardeau Co.. Mo.
40 A. fruit land. Los Angeles. Co.. Cal.
140 A. and Impts.. Jefferson Co.. Mo.
S10 A., Jefferson- Co.. Mo.; good bldgs.; 300
A. timber; river frontage.
0S1 A.. Marlon Co., 3. C: excellent house;
good barn: orchard; 40O A. timber.
000 A. and lmpts.. King George Co., Va.; 1
mile river frontage.
100 A. ar.d Impts., Carroll Co.. O.; timber,
fruit; near R. R.
157 A. and Impts.. Los Angeles Co.. Cal.
100 A., unimproved, Kearney Co.. Kan.
Rldg. lot. Harvey. Chicago. 111.
10-room houpe and lot. Oberlin, O.
120 A. and impf3.. New Castle Co.. Del.
Store and dwelling. Milwaukee, Wis.
House and 4 A.. Hanover. Ind.
80 A. and lmpts.. Pierce Co., Wash.; 2 A
orchard: 2V4 miles from R. R.
39 A.. San Diego Co.. Cal.
W. M. OSTRAKDER. 1133 N. American
Blibr.. Philadelphia. Pa.
CLASSIFIED AD KATES
"Rooms." "Rooms and Board." "Housekeep
ing Rooms." "Situation Wanted." 15 words or
las, 15 cents; 1C to 20 words. 20 cents; 21 to
25 words,s25 cents, etc No discount for ad
ditional Insertions.
UNDER ALL OTHER HEADS except "New
Today." 80 cents fcr 13 words or less; 1C to
20 words. 40 cents; 21 to 25 words. 50 cents,
etc first Insertion. Each additional Insertion,
one-baif; no furthei discount under one month.
"NEW TODAY" (gauge measure agate). 13
cents per line, fir: Insertion; 10 dents per line
for each additional insertion.
ANSWERS TO 'ADVERTISEMENTS, ad
dressed care The Oregonian and left at this
oflics. should always bo Inclosed In sealed en
velopes. No ttamp Is required on such letters.
The Oregor.'an will not be responsible for
errors In advertisements taken through tho
telephone.
MEETING NOTICES.
CAMELIA CHAPTER. NO. 27. O. E. S. A
regular communication this (Saturday) evening
at 8 o'clock, in Hill's Hall. Upper Alblna. ISy
ordr W. M. NELLIE McKINLEi. Sec.
MOUNT TABOR LODGE. NO. 42.
A. F. & A M. Stated communica
tion this (Saturday) evening at 8
o'clock. All M. M. Invited. By or
der of the .W. M.
W. W. MINAR. Sec.
FIDELITY LODGE. NO. 4; A. O. U. W.
Members are requested to meet at lodgeroom.
In Logus' building, on Sunday. Sept. 14. at
12:15 P. M sharp, for the purpose of conduct
ing the funeral services over our late brother,
Edward Frahm. A full attendance is desired.
Special car to Davl3" Hall, where ecrvicsa will
be held at 1 P. M.
FRED S. McFADDEN. M. W.
Attest: CLARENCE J. WHEELER, Rec.
The property-owners of South Portland will
hold a meeting in Hobklrk's Hall Saturday
evening, Sept. 15, at 8 o'clock, and discuss
bridges.
WASHINGTON LODGE. NO. 4(5.
A. F. & A. M. Special meeting thia
(Saturday) evening. Work in .F, C.
degree. All Fellow Craft Masons cor
dially Invited. By order of the W. M.
J. A. NEWELL. Sec.
DIED.
HARRINGTON Aug.
father of Dr. Mae N.
Pa.
:c, M. A. Harrington.
Cardwell. Cherry Hill,
FRAHM In. this .city.. Sept. 12. 1002. Eggert
Frahm, aged 52 years, 2 months and 8 days.
Notlco of funeral hereafter.
FUNERAL NOTICES.
MEAD The funeral services .of the late Milton
G. Mead- who died Sept. 0, 1002. will be hold
Saturday. Sept. 13, at the Montavllla Seventh
Day Advcntlst Church at 3 P. M. Friends
Invited.
J. P. FIXLEY Jb SOX. Procrcswtvc
Foncrnl Directors! .and Embalmcrs.
cor. Third and Jcficnon St. Com
petent lady nsH't. Both phones No. l.
EDWARD HOLM AN, Undertaker.
4th And Yamhill ts. lien a Stlnxon,
lady assistant. Both phones No. 507.
visitors kst yzr.
Distributor.!, Portland
SOS. 200, 2T0. 211. 212. 213
FAILING BUILDING.
Cor. Tlilrd nnd Washington Sts.
Open evenings till 9. Sundays from 9 to 12.
KEPEAiliNO MKMUUINS
- Dovri Repeating Shotaun, with
AMCSIWIENTS.
MARQUAM GRAND THEATER
CALVIN HE1LIG. Manager.
This afternoon at 2:15 o'clock, tonight at 8:15,
lt4t two performances in the United
States of the
POLLARD JUVENILE OPERA CO."'
POLLARD JUVENILE OPERA CO.
POLLARD JUVENILE OPERA CO.
POLLARD JUVENILE OPERAxCO.
"THE AMERICAN MILLIONAIRE" at the
Matinee. "IN TOWN" in the evening.
Prices, both Matinee and evening 50c, 35c.
23c. Phone Main 8C8. N
MARQUAM GRAND' THEATER
CALVIN HEILIG. Manager.
One week, beginning Monday. Sept. 15, Mat
inee Wedtepday and Saturday at -:15 o'clock.
Engagement Exu-aotdjnary- of
MR. JAMES NEILL and the INCOMPARA
BLE NE1LL COMPANY.
Monday. Tuesday nights and Wed. Matinee.
"The Red Knight." Wed. night. "A Bachelor's
Romance." Thurs. night, "Prince Karl." Frl-,
Sat. nights and Sat. Mutlnee. "The Starbucks."
Evening prices ?1, 75c, 50c. 35c. 25c. Special
Matinee prices 75c. 50c. 23c. Scats now sell
ing. Carnages at 10:50 o'clock.
THE BAKER THEATER
GEO. L. BAKER. Manager.
Phones Oregon North 1070, Columbia 500.
MATINEE TODAY AT 2:15. LAST TIME TO
NIGHT. THE GREAT SUCCESS,
"MR. BARNES OF NEW YORK,"
Presented by the Nclll Stock Company, under
the stage direction of Robert Morris.
Mct!nee prices 10c, 15e, 23c.
Evening prices 13c. 25c. 33c, 50c.
Beginning tomorrow afternoon, "Lady Win
dermere's Fan."
CORDRAY'S THEATER
JOHN F. CORDRAY. Manager.
Four nights, commencing Wednesday. Sept. 10,
11, 12. 13.
Wednesday, Thursday. Friday. Saturday Mat
inee. Saturday night, Marie Corelll's Famous
Masterpiece,
"THELMA."
"THELMA."
"THELMA."
Ladles' and children's Matinee Saturday at 2.
Evening prices 25c. 50c. Matinee prices, to
an' part of the house. 25c; children. 10c.
CORDRAY'S THEATER
JOHN F. CORDRAY. Manager.
Three nights, commencing Sunday evening,
Monday Tuesday, Stpt. 14. 13. 10,
Tho Beautiful Young. Romantic Actress,
MISS ESTHER RUPAERO.
In this mason's big success,
"A BROKEN HEART."
Four nights, commencing Sept. 17, Saturday
Matinee, Elmer Walter's Comedy Success, "A
THOROUGHBRED TRAMP." Ladles and chil
dren's Matinee Sat. at 2 P. M. Evening prices
25c, 50c. Matinee prices, to any part of the
house 25c; children. 10c
SHIELDS' PARK Edward Shields, Proprie
tor, 13th and Washington ats. Every night.
No Hauor sold. Royal Japanese Acrobats, six
In number. Versatile Sketch Artists. The
Thompsons. Chinese Comedy Act. A Pleasing
Feature. Helen Lamar. Illustrated Recital.
The Irish Comedian, W. H. McBrlde. will fling
a. bIt' ta,k a Ml and dance a bit. The Serpen
tine Queen. Atlantis, peses plastlque. Always
a. Feature, the Polyscope. Comie and Interest
ing. A Permanent Fixture. Joseph Thompson.
New Illustrated Songs. Genercl admission,
loc: seats for everybody. Big amateur bill Fri
day night.
FREDERICKSBURG
SEVENTH AND ALDER.
MME. SCHELL'S TROUPE OF PERFORM
ING AFRICAN LIONS.
THE FAMOUS CONTRALTO BALLADI3T.
MISS BIRDIE BRIDAU.
AN ORPHEUM NOVELTY. K.VLCARTUS,
KING OF HOOPS.
A Matinee will be given every day at 2:30
P. M. to the ladl?H and children. Positively
no liquora sold during Matinee.
FRITZ' NEW THEATER
Second and Burnside sts.
PROGRAMME POR WEEK COMMENCING
MONDAY. SEPT. 8.
MISS CELIA DE LACY.
BORTON AND DRAPER,
IDA HOWELL.
LITTLE. EGYPT.
MAUDE LOETTA.
EARL AND HAMPLIN.
BERRIE VERNON.
STANLEY AND SCANLON.
GEORGE A. AND LIZZIE BIRD.
AND MANY OTHER FEATURES.
NEW TODAY.
M0KTGAGE LOANS
On improved ctty nnd farm prooerty.
R. LIVINGSTONE. 224 Stark at.
. COAL
Don't lay In your Winter's fuel until you
call up telephone Main 220. PACIFIC COAST
CO.. 240 Washington st.
Crernatorium,
on Oregon City
car line, near
Sellwood: mod
ern. , scientific,
complete.
Charges: Adults.
135 nhtlHron t95
"Visitors, a to o t?. M. Portland Cremation
AESociauon. Jr'oruana.
DOWN THEY GO!
Best Snt?ax"-Cnred Hams.
l-ic.
Ranch Eggs, 2 dozen 43c
Dent Creamery Butter . . .5.1e nnd (JOc
Good Creamery ,.,10c and, SSc
Dairy Bnttcr . .'. -10c and -lfe
Picnic Hants 12c
Lard, Coniponnd ....10c
Remember Saturday for your chickens.
LA GRANDE CREAMERY, 204 Yamhill.
'SEW TODAY.
LOWER PRICES" CHICKENS, FRYERS,
boilers, broilers, etc., etc.. about 10 dozen,
wjil ba killed fresh at G o'clock this (Satur
day) morning. Butter, fresh creamery. 30c
square; 4 big packages mush. 25c; 20 bars
Lenox soap. 65c; a 35c pound Java and
Mocha coffee for 25c. This Is a winner.
A good Costa Rica coffee 15c pound. For
Saturday, our GOc per pound tea will be sold
at 40c A No. 1 hard-wheat flour. 75;. This
is a great bread baker. ' All frerh meats,
chickens, etc.. etc.. must be cleaned up after
(5 P. M.. if they should be given away. State
Market. 221 First, cor. Salmon. Phone South
57C.
I EXCHANGE NEW JEWELRY FOR OLD.
pay highest price for old gold and silver, and
will sell you a watch or diamond cheaper
than any other store In town. Uncle Frank
lin. 105 First st.
Found best by test. batln-Skln Cream and
Satin-Skin Powder: 3 miniature boxes free.
Perfumer Wood. Mnfr.. Detroit. Mich.
WE WOULD YOU WOULD BUY WOOD OF
Pioneer Morrison-Street Fuel Company. Both
1S3 phones. Prompt delivery-
MORTGAGE LOANS
On Improved city and farm property, at lowest
current rat-;?. Building loans. Installment
loans. MacMaster & Birrel. 311 Worcester blk.
FOR SALE REAL ESTATE.
FOR SALE-50 ACRES HIGHLY CULTIVAT
ed lend: 20 acres m orchard: good house,
barn and water; will sell whole r part; the
land Is at Stewart's Station. Mount Scott
car line; terms easy. Apply Cbarlta E. Stew
art. The Beverly.
I WILL SELL BEAVER-DAM ONION LAND
in parcels to suit. Benton Killin. 727 Cham
ber of Commerce building. Portland, or see
George C. Pendleton, at Banks', on Dairy
Creek, north of Forest Grove.
GOOD. DESIRABLE HOUSE: ALSO Busi
ness store; low rent to good tenant, or tor
sale. Also lots and acreage for sale, cash cr
time. Mm. Howe, 351H Stark St.. upstairs..
X.ARGE OR SMALL TRACTS. JUST 1HB
place for gardens or suburban home; running
water; easy terms. Call on O. H. Mathew.
Mllwaukie. Or., between 2 and 4 P. M.
NEW AND BEAUTIFUL COTTAGE 0 ROOMS
and bath, basement and attic; 110x150; lino
tuirubbery. Also 50xloO corner lot. with two
houses. Chas. Hlrjtel. SSVi Third st.
ROGUE RIVER APPLE ORCHARD;
thrifty, bearing, and crop included if taken
at once: best bargain In Valley. Address
Ben A. Lowell. Woodville, Or.
34 ACRES IN EARLIEST STRAWBERRY
belt on Columbia River; right of way to
river; will sell cheap if taken at once. Ad
dress B 24, care Oregonlan.
HOUSES AND LOTS AT HEPPNER, BEST
town in Eastern Oregon; will sell or will
trade for Portland property. Address Mrs. eE.
R. Welch, Heppner, Or.
5625 NICE, NEAT FIVE-ROOM COTTLE;
barn and chicken park; near car line; bar
gain, and must sell at once. T. C. Shreve,
421 Ablngton building.
$1000 NEAT COTTAGE AND LOT 50xl0.i0
feet, at Woodiawa; part caah, balance :n In
stallments. Inquire at M. B'lniljs' Uoa
Store. 220 Morrison.
$2400. PART CASH. BALANCE C PER CENT,
a handsome, modern East Side residence,
close in: all conveniences; no agents. D 2tt,
care Oregonlan.
C-ROOM COTTAGE WITH BATH AND ALL
modern conveniences, near Wllliams-ave. car
line, close In, for $1350, on easy terms. B
lt, Oregonlan.
WILL BUILD HOUSES ON INSTALLMENTS.
Lots, 21st and Cllntcn. $230 each, $3 per
month. W. Reidt. 15 Washington block.
MOUNT SCOTT REAL ESTATE; OFFICE.
Lents. Or. All kinds property cheap. Taka
Mount Scctt car: fare 5 cents. O. R. Addlton.
$500 5 - ROOM HOUSE. CORNER LOT;
chicken-house, barn, fruit trees; at Fulton
Park. McLcod & Co.. 220 Failing building.
$5500 STRICTLY MODERN S-ROOM HOUSE,
in very desirable section. West Side. Apply
to owner, room 107 Sherlock building.
FOR SALE NEW MODERN SIX - ROOM
houses; cement sidewalk; close in. Apply
owner. 400 East Eighth and Davis.
SEVEN LOTS IN BLOCK 5. COLUMBIA
Heights, at $30 each. Inquire 403 Commer
cial building.
CHEAP; CHOICE ACRE. SET TO FRUIT. IN
city limits. McLeod & Co.. 220 Failing birtg.
FOR SALE FARMS.
FARM FOR SALE $2730 FINE BUY: 40
acres, mostly in cultivation; 13 acres beaver
dam, good 0-room house, barn and other
buildings; creek runs through place; all
fenced. lots of fruit; near creamery and boat
landing; or will trade for city property. Mc
Leod & Co.. 220 Failing building.
FOR SALE 45 ACRES. WITH 45 RODS
river frontage and a landing, only three
blocks from electric car; house, barn and or
chard. Also 100 acres, a good farm; 50 acres
under cultivation, house and barn, good tim
ber on the rlace. Will sell cheap. Chas.
HIrstel. 8S& Third St.. room 5.
W. H. DINSMOORE. OF SHERIDAN. YAM
hill Co.. will be at the St. Charles until
Friday noon with a largo list of property
Thursday noon wUh a large llt of property
and photographs showing the surrounding
country.
IMPROVED FARMS FOR SALB IN ALL
parts of Oregon and Washlng:jn; paynvau
made to nuit purchasers. For full particulars
ns to various properties -.ppy io MacMaster
A Blrrell. 311 Worcester block.
BEAUTIFUL FARMS. HIGHLY IMPROVED,
from 10 to 1000 acres each, near Portland;
$30 up per acre. See or address T. Wlthy
combe. Farmlngton, Or.
FOR RENT FARMS.
SOME SMALL FARMS FOR RENT. APPLY
Shaw. McLeod & Co.. 243 Stark, near Sicond.
TIMBER LANDS FOR SALE.
HOMESTEAD AND TIMBER CLAIMS-WU
have reliable Information on soni good va
cant claims. All tilings guaranteed correct.
Ames Mercantile Agency. Ablrgton bicg.
1000 ACRES TIMBER LAND. ACCESSIBLE
and tributary to Ump.qua River; cruises
5.0CO.000 feet per quarter section. J. A.
Henkle. or A. A. Baker. 219 Ablngton bldg.
FINE TIMBER CLAIMS AND HOME
steads; 75 per cent cedar, balance sugar plna
and fir. 421 Ablngton building.
I CAN LOCATE YOU ON TIMBER CLAIMS
from 4.000.000 to G.00O.00O near Coos Bay.
D. C. Rogers, 200 Stark st.
HOMESTEADS AND TIMBER CLAIMS. AS
good as any In Oregon; now vacant. 423 Ab
lngton building.
FARMS FOR SALE OR FOR RENT.
FOR SALE OR RENT 20 ACRES LAND;
good house and barn, fine well of water, nice
little orchard; Hi miles from Newberg, Or.
Eec C. T. Belcher, at St. Charles Hotel.
WANTED REAL ESTATE.
WANTED TO TRADE GOOD. NEW TWO
story house and. one block, all improved,
fruit trees, berries and flowers. large garden
and lawn, good well, also city water, all
necesrarv outbuildings, in Medford. Or., for
Improved" or unimproved property in Portland.
For particulars address owner, call box 02,
Fulton, Or.
FOR QUICK RETURNS LIST YOUR PROP
erty with J. A. Mortenson, 302 East Mor
rison st. Phone Scott 145K. Houses rented,
city and country property bought and sold.
WANTED TO BUY GOOD HOUSE OF 5 TO 7
rooms, all modern conveniences; owners only.
P. O. box 4S5. city.
WANTED IMPROVED INSIDE PROPERTY;
give location and price; no agents. F 21,
Oregonlan.
FOR SALE MISCELLANEOUS.
Horses, Vehicles. Hnrneaa.
A MATCH SPAN OF DRIVERS FOR SALE,
at City Stable, 355 Front St.; must eell, want
leave the city. Also one delivery horse.
DRAUGHT HORSE. YOUNG. WEIGHT 1250
pounds; warranted all right. Portland Riding
Club. 11th and Harrison.
KlMcellaneons.
New TYPEWRITERS, all makes. RENTED
and SOLD. Expert repairing. Offlce sup
plies; Mimeograph work; Public typewriting.
Coast Agency Co.. 231 Stark. Tel. Oak 1071.
CARNIVAL ARCH AND MUSIC TEMPLE;
also booth, about 50,000 feet of lumber and
molding, for sale. Enough to build three
houses. Call at 127 First st.
STALLION FOR SALE: SIRED BY McKIN
ny, 0 years old: safe driver. Also bike buggy,
harness and robes. Inquire U. C. Co., Sev
enth and Taylor.
FIRST-CLASS. WELL-ESTABLISHED DYE
works: fine trade; centrally located: good
chance for rl?ht jarty. Address R 18, care
Oregonlan.