Morning Oregonian., October 21, 1902, Page 5, Image 5

THE MOKSIXG OEEGOOTAN, TUESDAY, OCTOBER 21, 1902.
CITY TAXES A LIEN
Supreme Court Decision on
Ross vs. Portland.
MORTGAGE TAX LAW UPHELD
Charter ot 1800 Slakes Valid tbe As
sessment Impressing Lien for
Taxes Levied Affirmation in
' Tivo Other Cases.
City taxes levied upon mortgages un
der the Portland charter of 1SS0 were
a lien uion the real property covered
by tbe mortgages.
"Where a void decree Is Introduced In
evidence and the defect can be shown
by Introducing the original Judgment
roll, the defendant has had a. remedy at
law, and If he does not show the in
validity of the decree at that time he
cannot Invoke the aid of equity to set
aside the Judgment secured upon that
evidence.
"Where partners have secured a Judg
ment for the possession of personal
property, dellv.ery to one- of them satis
fies the Judgment.
SAL.EM, Oct 20. (Special.) The Su
preme Court today handed down opinions
In three appealed cases, the only one of
.public Importance being that of Ross vs.
iPortlind, In which the City of Portland
wins a tax suit.
J. Thorburn Roes, appellant, vs. City
iof Portland, respondent, from Multnomah
County. Alfred P. Sears, Jr., John B.
Cleland and M. C. George, sitting en
banc, Judges: affirmed; opinion by Jus
tice "Wolverton.
This was a suit to enjoin the City of
'Portland from attempting to enforce the
collection of certain mortgage taxes by
proceeding against the property mort
gaged. The morgages were given by P.
A. Marquam In favor of the German Sav
ings and Loan Society and James Phe-
lan and covered the property known as
the Marquam block. The mortgages vere
assessed by the City Auditor in 1E91,
18D2 and IS93, and a city levy was made
on the assessments. The contention of
Ross was that the mortgage tax liw was
unconstitutional, and that it did not cre
ate Hens for taxes levied under the .city
charter. It was also contended that the
German Savings and Loan Society mort
gages were satisfied before the city as
sessment of 1891 took effect and that the
law authorizing the tax was repealed
ear;y in the year in which the Phelan
mortgage was assessed. The lower court
-upheld the city's right to collect the
taxes, amounting to $1925."
The Supreme Court cites its previous
decisions upholding the mortgage tax
law on the constitutional question, and
then holds that assessments and levies
made by the city gave a Hen upon the
real property. The opinion says in part:
"Turning now to the charter of the
City of Portland, by authority of which
both assessments complained of were
made, we And that the Common Council
was authorized to assess, levy and col
lect taxes for general municipal pur
poses, upon property, both real and per
sonal, taxable by law for state and
- county purposes. (Charter -of 18S2, amend
ed In 1SS5 and 1S91.) Under this grant of
authority it Is conceded by plaintiff that
the city authorities were given power
to assess mortgages, deeds of trust, etc.,
and, therefore, that the mortgages were
properly assessed to the owners thereof;
but the effect of the assessment as con
stituting a Hen upon the property of
plaintiff is challenged, and this upon the
ground that the city was nowhere by the
provisions of Its charter authorized to Im
press such a Hen, and that it could not
have been so impressed without such au
thority. "The mode of assessment prescribed
was, in effect, to adopt the assessment
made by the Assessor of Multnomah
County under the general law, and log
ically was the same thing as if it were
made directly under the requirements of
such general law. Finding like
property assessable by a like mode in
both jurisdictions, why is not the result
the same? By the language of
the charter making appropriate reference
to the general laws for the purpose of
assessment and taxation there Is adopt
ed and read into it such general laws
and the effect of the assessment in either
jurisdiction is the same in impressing the
Hen for taxes levied."
It is also held that the assessment
known as the assessment of 1891 was
really the assessment on the roll of 1890,
and that the assessment referred to as
of the year 1893 was upon the roll of
1892, so .that the contention that the mort
gages were not assessable must fall.
Newton Hoover, appellant, vs. Alice L.
Bartlett and G. W. Bartlett, respondents,
from Harney County; M. D. Clifford,
Judge: affirmed; opinion by Chief Jus
tice Moore.
This was a suit by plaintiff to set
aside a judgment recovered against him
by Alice L. Bartlett. In her suit Mrs.
Bartlett Introduced in evidence a void
decree and thus secured the Judgment.
Hoover wanted the Judgment cancelled
lor that reason, and urged In this suit
that when the decree was offered In evi
dence he could not object thereto, for
that would have been a collateral at
tack and not permissible. The Supreme
Court holds that he could have objected
thereto and by introducing In evidence
the original judgment roll could have
shown that the decree was void. Hav
ing had. a complete remedy at law, and
falling to avail himself of It, the court
holds that a court of equity Is powerless
to intervene and cancel the judgment
against him.
Leve & Adler, plaintiffs, Otto P. Olscn
and M. Barde, assignees appellants; vs.
"William Frazler, Sheriff, respondent;
from Multnomah County; A. L. Frazer.
Judge: affirmed; opinion by Justice Bean.
This was an appeal from an order
quashing a writ of execution issued on
a judgment rendered in .favor of plain
tiffs, Leve & Adler. The action was
brought to recover a quantity of Junk
and plaintiffs prevailed. The Judgment
-was for the property, or if delivery could
not be had for the sum of $2910 S2. the
value thereof. Execution was issued and
returned, showing that property of the
value of, $1512 82 had been found .and de
livered to plaintiff, but that the re
mainder could not be found. An alias
execution was issued for $1194 S2, the bal
ance due. This execution was quashed
upon the showing made by the Sheriff
that he had delivered all the property
to pliflntiff Adler, who was a partner of
Leve. The lower court and the Supreme
Court hold that this was a satisfaction
of the judgment, and If Leve did not get
a.ny of the property that is something
with which the Sheriff had nothing to da
"William Hooper Yaung Arraigned.
NEW TORK, Oct 20. William Hooper
Toung. who Is charged with the. murder
of Anna Pulitzer several weeks ago, was
arrigned before Judge Cowing today to
plead. At the request of his counsel ad
journment was taken to Wednesday.
Expressmen Form a Union.
NEW YORK, Oct. 20. More than 2000
drivers and helpers employed by the lead-
ing express companies have, at a meeting
in Jersey City, formed an Expressmen's
Protective Association. The organization
will be affiliated with the American Fed
eration of Labor and the express compa
nies will be asked, to .recognize the union.
Demands will be made for a 10-hour
working day, a graduated wage scale and
pay for overtime. Officers of the new or
ganization declared there would be no
strike.
INFLUENCE OF PLANETS.
Astronomer Says They Control Wall
Street and Washington.
PORTLAND, OctTliT (To the Editor.)
Several days ago I wrote The Oregonlan
a letter, pointing out some oddities in con
nection with the lunar eclipse, which was
to occur on the 16th inst. The Idea was to
draw attention to the connection invari
ably seen between odd planetary config
urations at eclipses and odd happenings
at certain points on certain meridians and
latitudes of the earth. A prejudice exists
against taking note of such coincidents,
as it Is believed to be foolish and trivial.
Certain conscious investigators have,
however, positively proved that Wall
street, in New York City, has some
extraordinary connection with any plan
etary configuration occurring in the first
decanate of the zodiacal sign. Cancer.
Just at the first change of the moon, fol
lowing the stationary stand of Neptune
in the first decanate of Cancer, -when the
sun reached the meridian and Saturn
reached the ascendant, a, three-cornered
killing took place in Wall street. Almost
exactly at the moment when the mysteri
ous Neptune began its retrograde move
ment in Cancer, it Is announced that Mr.
Shaw suddenly and mysteriously changed
his policy and bought millions of dollars'
worth of bonds, at advanced quotations,
from the Wall-street men. He also sud
denly makes speeches favoring ship sub
sidy, which is one of the Wall-street pet
schemes. There are indications going to
show that an epoch in Wall street is be
ginning at the inception of these acts.
This is most certain, when it is remem
bered that tHe first decanate of Cancer
also rules any governing body at Wash
ington, D. C.
Referring to the idea that ecliptic con
junctions and oppositions of the sun and
moon may have curious coincidents fol
low them, like earthquakes, volcanic erup
tions, etc., it can be seen that something
of the kind surely exists, for on page 1
of Sunday's Oregonlan a dispatch from
Kingston says that La Souffrjere threw
its sand and ashes further than ever be
fore on the morning of October 16, 1902.
It was worse than on September 3, when
sun and moon were conjunct in exact
quincunc of Jupiter and sesquiquadrature
of Saturn. On the first page of the same
Oregonlan is a dispatch, which Informs
the people that on the 18th inst, at p
o'clock In the evening, just as- the great
Saturn was culminating on the meridian,
the Tennessee mountains were severely
shaken up by an earthquake. "The earth
seemed to heave under the feet of pedes
trians." ' If once popular opinion should turn In
favor of those who could point out such
curious "coincidences," it would not be
long until some really talented observer
would arise who could make the subject
Interesting, and literature treating there
on would be In such demand that In time
a professorship in the colleges to teach
the art of observing things would natural
ly follow. Salaried observers of the pres
ent time are of no use, because they work
under orders of a chief who has different
ends in view. Fqr a subordinate officer
to report an occurrence to the weather
bureau that was -not mentioned In the
printed forms would be courting an In
quiry, and perhaps a reprimand.
It Is well known that the Government
officers will not properly observe exact
data, except of certain kinds. No profes
sional class does it. No colleges have
proper methods for recording facts. The
church influence is positive and very
strong against the observing of facts.
Newspaper men. observe many facts, but i
do not categorically record them, nor give 1
all the meanings. Compilers of books
merely use such facts as go to aid in the
construction of their works. History Is
always written many years after the
events, and only such outlines are given
as the writer wishes ,to draw out and
make prominent Nothing but mere frag
ments of the past are left to us, and some
of these are so colored by the personality
of the recorders that the truth cannot be
seen. A new system for recording history
is a long-felt want. L. H. W.
Apparently the writer of this letter was
not wholly satisfied with the explanations
of the facts given in his last letter. Of
course. It Is difficult to make exact and
accurate prognostications on short notice
and insufficient data. At that date it was
not yet known that Secretary Shaw
would buy millions of dollars' worth of,
bonds; and how could anybody tell that
the mere fact that Neptune was station'
ary in the decanate of Cancer meant so
much? If it had been known, L. H. W.
may rest assured it would have been in
cluded In the prognosticatory explication.
Serious, offense might be taken at the
gentleman's .(or lady's) insinuation that
in time a "really talented observer" may
be Induced to spend his time on these
questions, but The Oregonlan astronomer
scorns to feel injured by such reflections
from another luminary. How exquisite
and ethereal a fancy Is that where L. H.
W. predicts that at some time "a profes
sorship In the colleges, to teach the art of
observing things, would naturalt fol
low!" Sanguine man (or woman)! Too
long gazing upon the heavenly bodies has
dimmed thy (or thine) eyes to the base re
strictions placed upon the creeping in
habitants of this sublunary planet! But
one detects a. gleam of worldly wisdom in
that sapient phrase, "No professional
class does it."
But let us hope that the millennium
predicted by that arch-sage and past
grand necromancer B. L. Z. Bubb, Esq.,
may dawn. Then the fond lover will not
consult the Hps Incarnadine of his fem
inine affinity; the hungry man will not In
quire the price of trufllcs, churches will
no longer tcH us of the wiles, of the devil,
and the Law Enforcement League will
not call upon the Lord- Nothing will be
necessary for sublimated mind except an
acquaintance with the heavenly bodies
and their gyratory connexions. When
"Venus is culminating In the decanate of
Mars, the fair woung girl will not have to
Inform her hero that she Is willing; Splca
triumphant over the Plate with the Great
Dipper rampant on the constellation of
the Hop Vine will signify to the famished
that coffee and rolls may be had around
the corner; Gemini, asleep ln'a pew. on
the M?lky Way, will inemblem the joys of
religion and Gabriel, or, on a field of vio
lets in the zenith of Pluto, gules, blowing
a trumpet argent, will cause the cigar'
dealers to expeditiously put all machines
under the counter.
L. H. W.'s slur upon newspapers is un
deserved. When the proper methods are
categorically elaborated for the finding
out completely o'f facts without reference
to anything except the stars, then perfec
tion should be demanded. Till then, even
the humble astronomer of The Oregonlan
finds It difficult "with all the aid of his
multifarious lore, to detect the "mean
ings" of some facts.
Inheritance Tax Law Upheld.
DENVER, Colo., Oct 20. Judge B. B.
Lindsay, in the County Court of Arapa
hoe County, today rendered a decision In
the case of the estate of Sam Strong, the
Cripple Creek millionaire', sustaining the
validity of, the inheritance tax feature
of the revenue law passed by th Colorado
Legislature last Winter. The case will
be appealed to the Supreme Court
BIG HORSE SHOW OPENS
KANSAS CTFY FIRST-NIGHT t5ltOWD
BREAKS THE RECORD.
Number of Events In Each Entry Is
Large, and Judges Find Their
Task a Hard One.
KANSAS CITY, Oct. 20. Kansas City's
eighth annual horse show opened tonight
In Convention Hall under most favorable
conditions. The weather was Ideal, and
the largest first-night crowd In the history
of Kansas City horse shows was In at
tendance. The Increasing popularity of the
horse show as a social event was shown
by the unprecedented number of society
people present. The hall was artistically
decorated, and with the brilliant assem
blage of people in the boxes and In the
galleries the scene presented was one of
great beauty.
The programme tonight contained eight
events, and the number of entries In each
was very large, making It difficult for the
WILL TAKE PLACE OF BUILDING DESTROYED BY FOREST FIRE.
nie above is a picture of the proposed new schoolhouye for Lents, to take the place of the one which was destroyed by Are
everal weeks ago. Plans and specifications have been prepared by Architect D. D. Neer, and contractor are submitting bids
for erection of the building, and the contract will be let about the end of the month, when work will be started.
ft will be a four-room twojstory structure,- with basement The rooms will be 25x34. Lighting, heating and ventilation are
all on modern lines. The oost of the building win be about ?3000. Two lower rooms -win be finished, and the two upper ones
will remain ' unfinished until needed. The plan -of the building is. so drawn that two more rooms may be added, providing for a
jSlx-room schoolhouse, 'afc the district grows: . V -
On the whole, the district will have an attractive building. It will probably not be finished In time to be occupied much this
school year.
judges to decide where to place the rib
bons. One of the features was the appear
ance of the Missouri Hunt and Polo Club,
the members of which performed many
feats of horsemanship. v
FARMER STUDENTS' JOY.
They Fill the Air of Corrallls With
Ebullitions.
The students of the Agricultural College
at Corvallls made the town resound with
tnelr din In celebration of the football
victory over Willamette University. Al
bert S. Wells, one of the students, gives
this account of what happened:
"About 7 o'clock Friday night the cadets
arrived at the armory to prepare 'for the
'Jolly up' we were expecting to have over
the great game our team had won over
the Wlllamettes. We arrived about an
hour before that time. All the old horns
and band Instruments were there In great
profusion; In fact, one could not hear him
self think In tHe din. Finally, at the
sound of bugle, we assembled In our com
panies, with the band in the' lead, playing
'Home, Sweet Home,' while the rest of us
played any old thing. Imagine, If you
can. a crowd of lusty young men, the
most lively In the state reaching In a line
of about four blocks, Agoing down the
streets of Corvallls, yelling at the top of
their voices. It was an experience I shall
not soon, forget. We marched all through
the town, and ended at the Courthouse,
where the citizens had hastily prepared a
short programme for us. Our band" occu
pied seats on the platform, and played In
a manner that almost shook the building..
"But this time the citizens of the town
became alive to the fact that something
'terrible' must be the matter with the
college boys, and came piling Into the
courtroom. William Yates, of the Board
of Regemts, gave us a short but Interesting
talk on football, being frequently Inter
rupted by yells of approval from the ca
dets. He gave a brief account of the
college's experience in football, when it
had a winning team in the field, and torn
some funny stories.
"B. F. Irvine next addressed us In an
excellent manner. He was quite elo
quent on the subject of football, claiming
that It was essential to promote Interest
among the students. He remarked that
the student who took no Interest in foot
ball whs a dull student, indeed, and there
was something lacking in his make-up
somewhere. Mr. Irvine said that he and
Mr. Yates had voted against abolishing
football at the college two years ago, but
now thought that the move at that time
had had lasting results. Mr. Irvine said
he considered the action of the board at
that time had resulted In the present clean
condition of the game, and In doing away
with professionalism. I think that Is the
case. He sId that it took seven Deputy
Sheriffs to" control Mr. Yates at the re
cent game. Mr. Irvine's speech wag full
of force and snap, and appreciated. There
were also speeches by Coach Herbold and
Manager Jim Yiircher, witha lot of yell
ing thrown In.
"I think the Oregon Agricultural Col
lege now has one of the best football
teams In the state. AVe have a fine ground,
covering about six acres, well fenced and
with a grandstand. These Improvements
cost about $600, and the people, of Cor
vallls contributed about one-half. In the
last game our team made a fine showing.
President Gatch had .a smile on his face
more than a foot long. Everybody In the
colleee and In Corvallls rejoiced over the
victory-"
Albany May Play Whitman.
ALBANY, Or.. Oct 20. (Spccial'.J Nego
tiations are pending for a game of foot
ball at "this city next Saturday between
he Albany team and Whitman College.
'The game with the University of Oregon
Saturday, ffr which the Albany team fair
ly outplayed their opponents, has placed
the team of this city in the first class.
The showing made after only a few days
practice Indicates a good deal for the
future of the local team. Besides marked
Improvement In last year's players the
team has been materially strengthened
by the addition of Jarvls, a former Mult
nomah center; Griffith, one of the crack
players on last year's Omaha High
School eleven, and Crow, a former Eu
geije High School man.
THE DAY'S RACES-
Races at Morris Park.
NEW YORK, Oct. 20. Morris Park
summary:
Steeplechase, -handicap, about 2& miles
Top -Gallant won, Howard Gratz sec
ond, Walter Cleary third; time, 4:47.
For 2-year-olds, selling, the Eclipse
course Sweet Alice won, Prediction sec
ond. Klttaning third; time, 1:10.
For fillies. 2-year-olds and upward, last
seven furlongs of the Wither! mile Wild
Thyme won, Olofiant second, Luxcasta
third: time, l:27y..
For 2ryear-olds and upward, last V,i
furlongs of the Withers mile Slipthrlft
won, Royal second, NAuriesvHle third;
time, 1:34.
For maiden 3-year-olds, the Withers
NEW SCHOOLHOUSE AT LENTS.
mile Patronimlc won. Moon Daisy sec
ond, Honeybrook third; time, 1:44.
For 3-year-olds and upward, one mile
and a furlong Runnclls won. Circus sec
ond, Bar Le Due third; time, 1:58.
Races 'at St. Louis.
ST. LOUIS, Oct. 20. Fair Grounds sum
mary: Five furlongs preaker won, Light
Opera second. In Doubt third; time, 1:15.
One mile Blue Blaze won, Miss Mae
Day second. Royal Pennant third; time,
1:42.
Six furlongs Croix D'Or won, Elastic
second, Maggie Felix third; time, 1:14.
One mile and 70 yards, purse Lady
Strathmore won, Glenwood second, Pin
ochle third; time, 1:45V4.
One mile and three-sixteenths Llnd
enella won, Ida Penzance second, Erne
third; time. 2;0iyi.
Six furlongs Henglst won, Weldeman
second, Fickle Saint third; time, 1:15.
Rnces at Worth. ' .
CHICAGO, Oct 20. Worth results:
Six furlongs Gilfain won, Mallory sec
ond, Glenrlo third; time, 1:14&.
Six furlongs Duelist won. Gallant sec
ond. Inspector Shea third; time, 1:141-5.
One and one-slxteonth miles Moablna
won. Jack Doyle second, Sarilla third;
time, 1:47 3-5.
Seven furlongs Elsie L. 'won, Federal
second, Hargis third; time, 1:26.
One mile and 20 "yards Caliban won,
Holestead second, The Conqueror II third;
time, 1:40 4-5.
One and one-sixteenth miles Frank M.
won, J. V. KIrby second, Worthlngton
third; time, 1:48.
Stlft Given Decision Over Temple.
CHICAGO, Oct. 20. Billy Stift. the Chi
cago middleweight, won the decision over
Larry Temple, colored, of New York, at
the end of a six-round contest here to
night. Stlft had the better of every round.
In the preliminary, Billy Ratchford, of
Chicago, obtained the decision over Patsy
Haley, of Buffalo, after six rounds of
clever fighting.
Golf Championship Contest Todny.
NEW YORK, Oct. 20. The Intercollegiate
golf championship, under the auspices of
the Intercollegiate Golf Association, will
be held on the links of the Morris County
Golf Clutf Tifesday,. October 21. and the
four following days. Yale and Harvard
have each won the team championship
three times, and Yale, Harvard and
Prlncoton have each produced two Indi
vidual winners.
Keeping: a Rooster (inlet.
Chicago Chronlce.
An English artist was .recently sum
moned to appear in court for allowing a
roceter to crow In the morning to the an
noyance of his neighbors. The case was
amicably settled. A London newspaper
thereupon printed the following: "It Is
quite poslble to keep fowls and prevent
them from crowing. All that Is needed
Is a slight string over the neck and fast
ened to the foot. It is the habit of chan
ticleer to throw bark his head when crow
ing, and he will not crow If prevented, as
he may be, by the string from so doing.
The contrivance has the great merit of
Inflicting no pain whatever. The bird
scarcely knows of the pressure of the
olrlng till he tries to crow, and a harmless
jerk brings him to order."
Lord Thanks Argentine for America.
NEW YORK, Oct. 20. The overhauling
of the United States battle-ship Iowa at
Puerto Belgrano has been finished, says
a Buenos Ayres dispatch to the Herald.
The vessel Is now on Its way to Bahia
Blanca. The captain of the Iowa thanked
the Argentine authorities for their court
esy. United States Minister Lord has
sent to the Minister of Marine a note
thanking him in the name of Rear-Ad-miral
Sumner for the docking facilities.
HELD FOR WRONG MURDER
TENNESSEBAN SHOWS UP AND
CLEARS MAN ON TRIAL.
Defendant Is Now a Raving Maniac
aa the Rcsnlt ot His Troubles
Family Is Prominent.
KNOXVILLE, Tenn., Oct 0. Just as
the case of Clarence Peake, charged with
the murder of Silas Hulln, at Clinton,
Tenn., was about to be called In the Su
preme Court here today, a man entered
the courtroom unannounced and, ad
dressing Chief Justice Beard, said:
'T am Silas Hulln, who was- not killed
by Clarence Peake."
Pcaltc, who Is the aon.of a. prominent
family, had been sentenced In a lower
court to 10 years In the penitentiary, and
is now in the insane asylum here", a rav
ing maniac,, as a result of his troubles.
Hulln declares that Peake shot another,
whose name is now unknown, and that
he (Hulln) escaped on the first train and
went to Colorado, from wnlch state he
came back here to prove that he was not
dead.
MOLINEUX JURY COMPLETED.
State Introdnces Evidence Showing
Mrs. Adams Was Poisoned.
NEW YORK. Oct. 20 The jury for the
trial of Roland B. Mollneux, charged with
the murder of Mrs. Katherlne J. Adams,
was completed today. Assistant District
Attorney Osborne this afternoon made the
opening address for the state, after which
the taking of evidence commenced. Mr.
Osborne called Dr. Edward F. Hitchcock,
the first physician to see Mrs Adams
after she was taken 111. The doctor said
he saw a "suspicious appearance" in the
throat of the dying woman, and admin
istered whisky but without effect. .Traces
of mercurial poison were on Mrs. Adams'
Hps. Dr. Hitchcock Identified a piece o
paper as the one that Cornish gave him
as the wrapper that enclosed the bottle
and holder when It reached him at the
Knickerbocker Club. It was admitted in
evidence. The bottle holder and bottle
were also admitted, after the witness said
he saw them on the dining table in Mrs.
Adams' flat. The witness said .he was
sure that one of the cyanides caused the
death of Mrs. Adams.
Mr. Osborne next produced Henry S.
Cornish, who told of the receipt of the
poisoned package at the clubhouse on De
cember 24, 1899. It was put on his desk
by one of the olerks. He tore off the
wrapper, and threw.lt away. Later, at
some one's suggestion, he picked the pa
per up and wrapped It around the pack
age again. He then told of speaking of. the
.anonymous gift at dinner that evening,
and said Mrs. Rogers suggested that he
bring It home and give her the holder,
which, from his description, seemed to
match with silver on her toilet table.
The trial was adjourned until tomorrow.
GRAND JURY INDICTS BUTLER.
St. Louis Politician Gives Bonds to
Answer for Bribery.
ST. LOUIS, Oct. 20. The October grand
jury today handed down an Indictment
charging Colonel Edward Butler, the local
politician and millionaire, with bribery in
connection with the city lighting deal. In
which $47,500 Is sajd to have been dis
bursed among members of the House of
Delegates combine. Butler was later re
leased on bond of $20,000, signed by John
A. Robb.
Boodlers Released on Ball.
ST. LOUIS, Oct. 20. John Helms and
Otto Schumacher, ex-members of the
House of Delegates, who were Indicted on
the charge of bribery,, and have been In
Jail since September 9, were released from
custody today on bonds. The amount of
each man's bonds was reduced from $15,
000 to $10,000. Helm's sisters went on his
bond.
DEATH AT HANDS OF CRANK.
Janitor Kills a Man Becnnsc He Did
Not Want Him Abont Building.
NEW YORK, Oct. 20. Patrick Devan
ney, an oyterman. has been shot and
killed by Francis Reilly, janitor of an
apartment house at 701 Washington
street. Devanney, who lived In West
Eleventh street, near Washington, had
been caring for his sick wife all day and
had walked out for a breath of fresh air.
He stopped In front of an apartment
house and leaned against the rolling, puff
ing his slgar. Suddenly the janitor, an
entire stranger, rushed out and ordered
him to move on. Devanney is said to
have replied that he had a perfect right
to use the street, whereupon the Janitor
drew a revolver and fired. Devanney fell
dead.
The janitor went back to his quarters,
The "Weber
Piano
Comparatively few American or Euro
pean makers have produced grand pianos
adequate to the demands of the great
artist, or worthy to be heard In the concert-room.
The remarkable results at
tained by the Weber house in perfecting
the Weber concert,-parlor and 'baby grands
have long been recognlxed by the highest
musical authorities, and have led to an
extraordinary Increase in the sale of these
instruments.
Its superiority is universally recognized
by discriminating musicians. It Is the
piano used, by the Grau opera company
during the season of 1901-02 throughout its
entire tour, both In America, and England.
In testimony of the entire satisfaction and
pleasure it afforded them then, the .-season
of 1902-03 oren3 with the announcement
that it Is again the unanimous choice of
this famous company of artists. Mas
eaghl, the celebrated Italian composer,
haft also selected It for use on this his
first American tour. This makes It the
selection of the two leading musical or
ganizations of 1902-03.
Come to our house and see these peer
less Instruments. Our prices and terms
on, them are but little higher than upon
less famous makes.
EILERS PIANO HOUSE.
351 Washington street.
Branch houses San Francisco, Sacra
mento and Spokane.
where the police found him. To them he
said, as he went to jail:
"There have been a lot of loiterers
about here, and I made up my mind to
get rid of them If I had to kill some one.
I guess the next one will move when 1
tell him."
AH Q,nlet r.t. Scene of Race Riot.
BIRMINGHAM? Ala., Oct. 20. News
from Littleton. Ala., the scene of riot
last night between negroes and white men,
developed the fact that everything is
quiet there now and no further trouble
le apprehended. Ira Creet. the white man
who wc& reported to have been killed,
appeared in Littleton today, having spent
the night In the woods, but Joe Thomp
son, a white man who was seriously
wounded, died this morning while being
brought to this city.
Pitched Battle Over r.Iat'cr of Rent.
GROESBECK, Tex., Oct. 20. A pitched
battle was fought today In the country
four miles from here between two Thom
asons and two Rutherfords The trouble
is said to have grown out of a matter of
rent and had been pending for some time.
D. Thomason, Robert Rutherford and
William Rutherford were killed, Wallace
Thomason escaping without a scratch. He
has surrendered, but refuses to talk.
Testimony In Horn Trlnl Finished.
CHEYENNE.. Wyo., Oct 20. The testi
mony In the Tom Horn murder trial was
finished today, and tomorrow the Judge's
charge to the Jury will be given and the
attorneys will begin arguments. Many of
"the witnesses today were called to give
testimony regarding the veracity of Otto
Plaga, who was Horn's chief witness In
support! of an alibi.
Held for Accepting Bribes.
OMAHA, Neb., Oct. 20. President Alon
zo Miller and Members J. L. Kubat and
Theodore Schroeder, of the Board oft Edu
cation of South Omaha, were today held
to the District Court on a charge of ac
cepting bribes. Each was released on
$1000 bonds.
SAY LEAD MERGER IS A GO
New Yorlc Men Arrive In Missouri,
Looking pver Properties.
ST. LOUIS, Mo.. Oct. 20. Daniel Gug
genheim and Sol Guggenheim, of the
American Smeltikr & Refining Company;
Hugh -Brown", ofthe Morton Trust Com
pany, of- New tork, and Homer Wise,
president of the! Union Lead & OH Com
pany, arrived In' St. Louis today on an In
spection trip through the various lead
properties controlled by the Guggenhelm-Whltney-Ryan
interests, and for a fur
ther inspection of the local pipe, sheet.
-shdt and paint manufacturing plants
which are to be merged into a comnanv.
Y which will control the entire lead manu
facturing interests of the country.
While none of the party would consent
to enter Into detailed discussion of the
plan regarding the merger, they declared
that there was no foundation to the re
port from New York to the effect that
the progress, of the lead merger had been
delayed through any cause other than tho
necessary time required to perfect legal
details of the organization. This denial
was followed by the declaration that only
a short time would elapse before official
announcement of the completion of the
merger would be made. The party left
for Southwestern Missouri this afternoon.
Linotype Men to Form Combine.
LONDON. Oct. 20. Negotiations looking
to a combination of the British, German
and American companies owning linotype
patents are afoot, but nothing definite has
been concluded.
T
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AIXSLIE. DR. GEORGE, Physician 413-H-l
AXDERSOX GUSTAV. Attorney-at-Law...613
ASSOCIATED PRESS; E. L. Powell. Mgr..80C
AUSTEN, F. C, Manager for Oregon and
Washington Bankers' Life Association of
Des Moines, la 502-503
BAKER. G. EVERT. Attorney-at-Law 007
BANKERS' LIFE ASSOCIATION. OF DES
MOINES. IA.; F. C. Austen. Mgr 5OU-502
BENJAMIN. R. W.. Dentlt 31
BERNARD. G.. Cashier Pacific Mercantile
Co 211
BINSWANGER. OTTO S.. Physician and
Surgeon 407-403
BENJAMIN. R. . Dntlst 314
U.M-l503-COU-GO7-U3-G14-Gla
BOHN. O.. Timber Lands 015
BROCK. WILBUR F.. Circulator Orego
nlan 501
BROWN. MYRA. M. D 313-314
BRUERE. DR. G. E.. Physician... 412-413-114
CAMPBELL. WM. M.. Medical Referee
Equitable Life 700
CANNING. II. J C02-C03
CARD WELL, DR. J. R.. Dentist 500
CAUKIN. G. E.. District Agent Travelers
Insurance Company 713
CHICAGO ARTIFICIAL LIMB CO.; W. T.
Dickson, Manager C01
CHURCHILL, MRS. E. J -..716-717
COFFEY", DR. R. C. Surgeon 405-40U
COLUMBIA TELEPHONE COMPANY
C04-G03-G00-Gia-t514-613
CORNELIUS. C. W.. Phys. and Surgeon... 20(1
COLLIER. P. F., Publisher; S. P. McGuIre,
Manager 415
COUNTY PHYSICIAN 403
COX. RALSTON. Manager American Guar
anty Co., of Chicago 502
CROW, C. P.. Timber and Mines 51S
DAY. J. G. & L N 318
DICKSON. DR. J. F.. Physician 713-714
EDITORIAL ROOMS .., Eighth Floor
EVENING TELEGRAM 325 Alder Street
EQUITABLE LIFE ASSURANCE SOCI
ETY L. Samuel, Manager; G. S. Smith,
Cashier 300
FENTON. J. D.. Physician and Surgeon. 500-10
FENTON, DR. HICKS C. Eye- and Ear.. ..511
FENTON, MATTHEW F., Dentist 500
GALVANI, V. H.. Engineer and Draughts
man 600
GEARY'. DR. E. P., Phys. and Surgeon. ...40tl
GILBERT. DR. J. ALLEN. Physlclan..401-402
GIE3Y, A. J.. Physician and Surgeon.. 709-710
GILGERT. DR. J. ALLEN. Physician.. 401-40U
GOLDMAN. WILLIAM. Manager Manhat
tan LIfa Iiur. Co.. of New York 20U-210
GRANT. FRANK. S., Attorney-at-Law 017
GRISWOLD & PHEGLEY, Tailors
131 Sixth Street
HAMMAM BATHS. Turkish and Russian..
300-301-302
HAMMOND. A. B 310
HOLLISTER. DR. O. C, Physician and
Surgeon 504-503
IDLEMAN. C. M.. Attorney-at-Law. .416-17-18
JEFFREYS. DR. ANNICE F.. Phys. &
Surg. Women and Children only 400
JOHNSON. W. C 315-316-317
KADY. MARK T.. Supervisor of Agents.
Mutual Reserve Life Ins. Co COS
L1TTLEFIELD. II. It.. Phys. and Surg 20U
MACKAY. DR. A. E.. Phys. and Surg..711-712
MANHATTAN LIFE INSURANCE CO. OF
NEW YORK; W. Goldman. Mgr 209-210
MARSH. DR. R. J., Phys. and Surg:... 404-400
MARTIN. J. L. & CO., Timber Lands 601
McCOY, NEWTON. Attorney-at-Law 715
Mcelroy, dr. j. g.. Phys. & sur.701-702-703
McFADEN. MISS IDA E.. Stenographer. . .213
McGINN. HENRY E.. Attorney-at-Law .311-12
McGUIRE. S. P.. Manager P. F. Collier.
Publisher 415
McKENZiE. DR. P. L., Phys. and Surg.512-13
METT. HENRY 213
MILLER, DR. HERBERT C, Dentist and
Oral Surgeon 603-009
MOSSMAN. DR. E. P.. Dentist 513-514
MUTUAL RESERVE LIFE INS. CO.;
Mark T. Kady. Supervisor of A gents.. 004 -005
NICHOLAS. HORACE 13.. Attorney-at-Law.71U
NILE3. M. L.. Cashier Manhattan Life In
surance Company of New York 209
NOTTAGS, DR. G. H.. Dentist 609
NUMBERS. JAMES R., Physician and Sur
geon 406
OLSEN. J. F., General Manager Pacific
Mercantile Co 211-2i2
OREGON. CAMERA CLUB 214-2HT-216-21T
OREGON INFIRMARY OF OSTEOPATHY
409-410
OREGONIAN BARBER SHOP; Marsch &
George. Proprietors 125) Sixth
OREGONIAN EDUCATIONAL BUREAU;
J. F. Strauhal. Manager 200
PACIFIC MERCANTILE CO.; J. F. Olsen.
General Manager 211-J12
PORTLAND El'E AND EAR INFIRMARY
Ground Floor. 133 Sixth Street
QUIMBY, L. P. W., Game and Forestry
Warden 713
REED, WALTER. Optician. ..133 Sixth Street
R1CKENBACH. DR. J. F.. Eye, Ear. Nose
and Throat 701-702
ROSENDALE, O. M.. Metallurgist and Min
ing Engineer 510
RYAN. J. B.. Attorney-at-Law 513
SAMUEL. L., Manager Equitable Life 300
SHERWOOD. J. W.. State Commander K.
O. T. M 517
SMITH. DR. L. IS., Osteopath 409-410
SMITH, GEORGE S.. Cashier Equitable
Life
STOLTE. DR. CHAS. E.. Dentist 704-7C3
STOW, F. H., General .Manager Columbia
Telephone Co GO'J
SURGEON OF THE S. P. RY. AND N. P.
TERMINAL CO 706
SUPERINTENDENT'S OFFICE 201
THRALL, S. A.. Protldent Oregon Camera
Cub 214
THREE IN ONE" QUICK ACCOUNT
SYSTEM COMPANY. OF OREGON 318
TUCKER. DR. GEO. F.. Dentist 610-011
U. S. LIGHTHOUSE ENGINEERS. 13TH
DIST.; Capt. W. C. Langtltt. Corrs of
Engineers, U. S. A SOS
U. S. ENGINEER OFFICE RIVER AND
HARBOR IMPROVEMENTS; Captain W.
C. Langfitt. Corps of Engineers. U. S. A..31Q
WILEY. DR. JAMES O. C. Phys. & Sur.708-9
WILSON. DR. EDWARD N.. Physician
and Surgeon 304-303
WILSON. DR. GEO. F.. Phys. & Surg..7fW-707
WILSON. DR. HOLT C. Phys. & Surg.507-503
WILLAMETTE VALLEY TELE. CO 6U
WOOD. DR. W. L., Physician 412-413-414
Oflicen may he had hy applying to
the ntipvriiitendeut of the building,
room 01, Hccond floor.
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THE HEALTH APPLIANCE CO.. room 47-43
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