Morning Oregonian., November 13, 1902, Page 10, Image 10

SO
DECLARES LAW VO
Judge Frazer Annuls Fire
Escape Ordinance.
HELD TO BE UNCONSTITUTIONAL
W. K. Smith, Fined $50 . In. Muni
cipal Court fora Violation,
"Wins on Appeal to Cir
cuit Court.
The city ordinance requiring owners and
lessees of buildings to provide them with
lire escapes was declared unconstitutional
and void by Judge Frazer yesterdayr The
decision was rendered in the writ of re
view case brought by W. K. Smith. He
was convicted In the Municipal Court on
March 22. 1902, of violation of the ordin
ance in having refused to place a fire
escape on a three-story building at the
northwest corner of Front and Washing
ton streets, and was fined $50. "The ordin
ance provides that a person can be fined
550 a week after he has been notified by
the Board of Fire Commissioners to com
ply with the ordinance until the order is
obeyed. t
Judge Frazer held that the ordinance is
unreasonable "upon Its face, because it re
quires that people shall be punished for
acts they are not responsible for. The or
dinance was susceptible to the objection
that cases might arise where it would be
Impossible for a person to obey the ordin
ance. A man might not have the money
to build a fire escape, and under the terms
of the ordinance could be fined $50 a week,
and kept in Jail forever If the fines were
not paid. This would be contrary to the
constitutional section that there shall be
no Imprisonment for debt.
Judge Frazer reviewed the case at
length, and among other things said:
"There were four points raised. One
was that the failure to erect fire escapes
is not a crime, and, therefore, not punish
able by Imprisonment; that' the ordinance
is not properly prepared; that the evi
dence was insufficient, and that the ordin-;
ance-is repugnant to the constitution of
Oregon and of the United States. This
last point Is the vital one. Ordinances re
quiring something that might be impos
sible cannot be enforced. The cases cited
by the City Attorney are not directly
along the. lines of this case. This ordin
ance applies to tenants as well as owners,
and whether the building Is occupied or
not. The ordinance provides for notice of
30 days, and if fire escapes are not erect
ed at the end of that time, a fine of $25 to
$100 may be Imposed, and a further fine of
$50 for each week's delay. I can see where
a poor man with a building covered by a
mortgage, who'Jiad borrowed all he could,
and was unable to borrow any more,
.would not be able to put up fire escapes.
He would thus be subject to arrest, and
could be held for-Jlfe. There are many
ways in which such an ordinance could
be enforced, by providing, for instance,
that a building without fire escapes can
not be occupied, or by building the fire
escapes and making the cost a lien upon
the property. The writ of review will be
sustained, and the ordinance declared un
constitutional. Mr. Smith will be entitled
to recover his costs."
NEW DISTRIBUTIVE RATES
All the Railroads Agreed to It
Various Articles.
The reduction in distributive freight
rates referred to In the proceedings of the
Chamber of Commerce committee yester-
- day morning affected all points in the
Pacific Northwest between the Couer
d'Alene mines and Huntington, on the
east, and the Coast terminals. AH the
railroads joined in making the reduction
which applies from Puget Sound cities as
well as from Portland. The reduced rates
were not quoted until the Northern Pa
cific, Great Northern and O. R. & N. had
agreed upon them, and all went Into effect
October 10. The third-class rate was re
duced from $1 03 to 95 cents per 100 pounds,
and fourth-class rate from 92 to S2 centn.
Besides these, canned goods In carloads
now go for 55 cents per 100 pounds Instead
of G2V2 cents, as formerly, and the rate on
cereals in lots less than carloads was re
duced from a range between $L 4S and 92
cents to a level rate of 50 cents.
Coast jobbers are benefited by this
change, but not to the extent that many
suppose. If rates were in fact wh"at they
are in theory. If the transcontinental rate
to Spokane, for example, were really the
rate to the Coast plus the local back, that
town would not be able- to do any jobbing"
business, for Portland or Seattle could
ship to Spokane's neighbors at least as
cheaply as Spokane could. But the fact
ie that transcontinental rates to Spokane,
thpugh greater than to Coast terminals,
are still , materially less than the full
'transcontinental plus'; the local back.
Therefore the new distributive rates from
the Coast will oper,ar.e,to give the Coast
jobbers an advantage In the outer edges
of the field that has-, been served by
Spokane. .
UNITED STATES CASE AGAIN.
Anti-Mersrer Hearing; Resumed Be
fore Examiner in New York.
NEW YORK. Nov. 12. The Rearing in
the suit of the United States to test the
alleged transfer of control of the GregT
Northern and Northern Pacific Railroads
to the Northern Securities Company was
continued today in this city. The suit
was begun last January at St. Paul, and
F. G. Ingersoll was appointed special ex
aminer to take testimony. The complaint,
which contends that the Sherman anti
trust " law has been violated, has com
pleted its case, and the hearing today s
for the defense.
Ex-Attorney-3eneral Griggs presented a
statement that for many years prior to
1S90 many of the principal railway com
panies in the United States had got con
trol of competing lines, and that this fact
was .reported to the Government and
known to Congress at the time of the
passage of the Sherman anti-trust act.
Solicitor-General Richards objected to the
acceptance of official reports of railroads
offered in support of Mr. Griggs state
ment, but they went to .the xecord, the
special examiner having no power to rule.
Captain John P. Meany, editor of a rail
road manual, was called, and Mr. Rich
ards objected to his testimony on the
ground that what was aimed at by it
was irrelevant. The Solicitor-General ar
gued that the antl'-trust law undoubtedly
refers to railroadsVand railroad combina
tions, and that If other railroad companies
had entered into such combination to re
strain trade, even before the passage of
the Sherman act. it was no defense for
any present violation of the law.
Captain Meany testified as to how the
railroad manual, of -which he is editor, is
compiled and Mr. Griggs put in evidence
the -manual from the years 1S71 to 1S01 in
clusive, and the statistics of the rail
ways published by the Interstate Com
merce Commission. Mr. Richards renewed
his objections on the ground of irrele
vancy. .
An adjournment was taken until Friday,
November 2L The case of the State
of Minnesota against the Northern Se
curities Company will be discussed on- the
same day.
THE OTHER TVO ANSWER.
Jforthern Securities and Great North
ern Also Deny Impressively.
WASHINGTON, Nov. 12. The answers
of the Northern Securities and the Great
Northern Railway Companies in the suit
of the State of Washington against the
Securities Company and the Great North
ern and Northern Pacific Railways were
filed in the Supreme Court of the United
States tcday. They are practically dupli
cates of the answer of the Northern Par
clfic, which was filed yesterday. In its
statement- the Securities Company admits
that it has no agent or representative in
the State of "Washington on whom a legal
process may be served, and that it rfwns
no property of any nature whatever in
that state.
It dentes "that any of the matters al
leged in the complaint tend, to or do
create a monopoly in railway traffic In
the State of Washington or elsewhere, or
tend to or do deprive said state or its
citizens of the privilege of competition in
fixing charges or rates of transportation
between stations on the lines of the rail
ways of the defendant companies within
said state."
It also denies that in Its organization
the promoters had any of the purposes
alleged in the bill, or that it or either of
the defendant railroad companies has, or
at any time had, any of the purposes, in
tents or designs charged in the bill. It
also denies that it is a carrier or a rail
road company or that any of the acts
complained of violate or evade the laws
of the land cr the settled public policy or
laws of the State of Washington.
It is further stated that the Securities
Company Is the owner and holder of a
large amount of property and stocks in
other corporations than the defendant
railway companies.
NO DIFFERENCE TO RAILROADS.
State of Government Irrigation in
Dcschntes Valley.
"I wonder who has been representing to
the Interior Department that a railroad
will be built into the Deschutes country if
the Government takes up the irrigation of
that section, but will not go there if irri
gation proceeds under private auspices ?'
asked President E. E. Lytle, of the Co
lumbia Southern Railroad, upon his re
turn yesterday afternoon from a trip to
Montana. He had reference to the state
ment telegraphed from Washington and
published In The Oregonlan Monday
morning. "I also wonder if anybody be
lieves such stuff," he continued. "It is
evident that somebody has rather over
done" the matter of 'representing against
the present enterprises for irrigation of
the Deschutes Valley. I am not specially
Interested in defending them, but I am in
terested In the development of that coun
try, and I will say that, so far as the Co
lumbia Southern is concerned, we don't
care who does it. We will do Just as
much if development- proceeds under state
auspices as we will if it Is done by -the
Government. What we want is business.
I don't know of any other railroad Uhat is
pow or Is likely soon to be in position to
handle the trade of the Deschutes Valley,
but I will guarantee that any railroad
that would build into that country would
build Just as soon for private, development
as for development under Government
agencies.'
"I would like to add, too, that I regret
to see so much hostility to the irrigation
enterprises now on foot in the Deschutes
Valley. Even If they are not the best
we could do under present conditions and
I am not entirely sure of that they are
there under the. sanction and Invitation of
the law, and are entitled to reasonable
consideration. To impute to them wrong,
motives will not contribute to the settle
ment of the matter that is now up. We
must deal with matters as they are, not
as we should like to have them. If wa
are to make any progress. And the soon
er we get on the right basis the sooner
we shall get results."
Additional Northvrestern Stock.
NEW YORK, Nov. 12. According to
statements declared to be well authenti
cated, the Herald says It Is the intention
of th'e Chicago & Northwestern Railway
Company to issue additional capital stock
amounting to $10,000,000. The present capi
tal of the company Is $61,ol9,83S. The new
stock, if Issued, probably will go to stock
holders at par.
Somewhat of a mystery surrounds the
purpose of the proposed issue, but it was
said that the proceeds would be used to
reimburse the treasury for capital outlays
now charged for operating expenses and
carried in other accounts. For some years
past the Northwestern has been carrying
out a policy of extensive improvements,
the expenses of which might properly be
charged up to capital, but which were
carried In other accounts.
To Extend to the Coast.
DENVER, Colo., Nov. 12. The Times
says:
The visit of H. D. Moffatt, W. G. Evans
and Rodney Curtis to New York is un
doubtedly for the purpose of making ar
rangements to extend the Denver, North
western & Pacific Railroad from Salt
Lake City to San Francisco, and to have
the work of construction proceed at the
same time the line east of Salt Lake Is
being built. This was confirmed by Syl
vester Smith, president of the Colorado.
Utah Construction Company.
Merger in Southern California.
LCS ANGELES. Cal., Nov. 12. At a
meeting of the stockholders of the South
ern California Railway Company held In
this city all of the present executive
officers were re-elected. Plans to merge
the Southern California railway lines with
the general Santa Fe system, as provided
for under the laws of California, are be
ing perfected.
Railroad Notes.
President Mellen,' of the Northern Pa
cific Railroad, is expected in Portland
the latter part of this week or fore part
of next.
The first snow of the season fell In the
Siskiyou Mountains Tuesday night, the
ground being covered half an Inch at Sis
kiyou station.
General Passenger- Agent Craig, of the
,0. R. & N., left last evening for the East
to attend a meeting of the Transconti
nental Passenger Association.
G. C. Morris, chief dispatcher of the
Southern Pacific at Ashland, and also
president of the Ashland Board of Trade,
was a Portland visitor yesterday.
The Crown Prince of Slam la scheduled
to arrive in Portland Saturday morning,
November 29. He will come from San
Francisco In a special train of four cars
baggage, composite, dining and observa
tion. After a short stay in this city he
will proceed north.
LITTLE HOPE FOR EGAN.
Still No SlRn of the Missing Railway
Superintendent.
SPOKANE, Nov. 12. The hopes of find
ing Superintendent Benjamin F. Egan, of
the Great Northern Railway, continue to
diminish. All the larger searching par
ties have" come in without finding tracer,
of him. Some experienced woodsmen un
der pay of tho railway are expected- to
keep up the search for eight or 10 days
.more, and there are also Individuals who
are searching in the hope of gaining the
reward offered, hut hope Is small.
THROUGH THE COLUMBIA RIVER
GORGE.
A delightful trip of x few hours win
take you through the famous "Columbia
reiver Gorge," the greatest combination of
river and mountain scenery on earth. O.
R. & N. train leaves Portland daily at 9
A. M. Return can be made by steamer
from Cascade Locks. Special low rates lor
this trip. Get particulars at O. It & H.
ticket office. Third and Washington.
POPULAR POTTER IN SERVICE.
Queen of River Boats Is Now .Making
the Astoria Run.
The traveling public will be -delighted to
know that the popular steamer, the T. J.
Potter, is now making the Astoria run.
SecO. R. & N. time card-'
Dyspepsia in Its worst forms will yield
to the use of Carters Little Nerve Pills,
aided by Carter's Little Liver Pills. Dose,
one of each after eating.
FAIR MEN NOT DOWNCAST
EXTRA SESSION LOST BUT THEY
ARE HOPEFUL.
Will Take Their Chances at Regular
Session and Try to Get an
Early Appropriation.
Governor Geer's refusal to call an extra
session- was widely read yesterday, but as
it was merely an utterance of what had
been known to be buzzing under his bon
net for some time, it aroused little com
ment Nobody who desired to have a
special session expected His Excellency to
convoke the Legislature before t'he reg
ular period for electing a United States
Senator. This reason was whispered
about as the weightiest that had outbal
anced the petition for the session. When
the Legislature shall meet In January, by
that time its members may be more dis
posed to obey the mandate of the people.
Not a few citizens apprehend that failure
to get the session will bring ill effects to
the affairs of the city and to tho Lewis
and Clark Exposition.
"We're up against it, now," said A. L.
Mills, president of the Board of Public
WILL NOT BE RETURNED TO CONGRESS FROM
HAWAII.
ROBERT W.
Works, and a leader of the Taxpayers'
League, as visions of more impassable
roadways kaleldoscoped before his mind.
Then he remembered the Fair, of which
he is a director, and had more visions.
"We're up against it" he sighed, "but
I don't suppose we could persuade the
Governor to change his mind, even if we
should try."
J. N. Teal, another leader of the Tax
payers' League, took the matter philo
sophically and said he would endeavor to
look only on the sunny side of it.
"What will the league do next?" he re
sponded. "Well, there doesn't seem to be
any 'next.' What will the league say?
Well, It looks as if the last say has been
said. The Governor has said it."
President Corbett, of the Fair, took a
cheerful view of the situation. "We are
entirely willing for the appropriation to
go over for two months and for it to
take its chances in regular session," said
Mr. Corbett. "There would have been
an advantage in having the appropriation
made In special session, to be sure. But
we trust another gain will compensate
for the loss of that advantage namely,
the thorough discussion of the matter by
the people of the state.
"We hope that by the time the Legis
lature convenes in January those citizens
who are opposed to the appropriation will
sec In better light the merit of the Fair.
To this end we desire to have the fullest
possible discussion of the matter. If the
people of Oregon then decide to pay
honor to the memory of Lewis and Clark
and to exploit their state as worthy of
the endeavor , of those explorers, the cele
bration will be held. If they resolve
otherwise, well, the Fair can rest where
it is, the people can keep, on hoarding
their money and letting the moss grow
on their backs that Is, If there Is no
patriotism In Oregon or respect for the
memory of those men who led the way to
the prosperity they now enjoy."
The advocates of the appropriation
and the new charter will endeavor to
have these two measures enacted as soon
as possible after the Legislature con
venes in order to have Congress and the
Legislatures of neighboring states make
appropriations at their next sessions.
FAMOUS CHATEAU LAID LOW
Fire at Seat of Duke of Orleans
Works Grent Damage.
ROUEN, France, Nov. 12. The fire
which broke out at the Chateau d'Eau,
the seat of the Duke of Orleans, yester
day evening, practically destroyed the
building. Only one wing, the chapel and
some of the art treasures were saved. The
destruction of the chateau was caused by
a fire In one of the chimneys, which was
at first thought to be not dangerous.
Owing to the great height of4 the build
ing, the pressure of water was 'insufficient
to permit of reaching the flames, and the
chateau soon became a vast furnace.
The greatest efforts were made to save
the -art treasures, but they were not en
tirely successful. Many objects of great
value were destroyed, including two-thirds
of the library of 30,000 volumes. Among
the art works which were rescued waa a
statue of "Psyche." This statue was pre
sented to the late Duke of Orleans on the
occasion of his marriage In 1S37 by the
City of Paris. A large bronze statue by
Princess Marie of Orleans wa.9 also
saved. r
FIGHT FOR WOMAN'S MONEY
New Complications in the Battle for
Mrs. Rice's Millions.
NEW YORK, Nov. 12. Complications
have arisen, says the Herald, relative to
tho estate of Mrs. Elizabeth Baldwin
Rice, who was thewife of William Marsh
Rice. Albert T. Patrick is now under
sentence of death invSing Sing, having
been found 'guilty of causing the death of
the latter. Both estates are likely to be
Involved In further litigation In the Surro
gate's Court of this county. Some of the
legatees under her will. In the name of
Adele Baldwin, of Baldwlnsville, N. Y.,
whose bequest is $25,000. claim they have
not yet been paid and want letters of ad
ministration taken out wherein steps may
be taken to prosecute a claim against the
estate of Mr. Rice. The case will come
before Surrogate Fitzgerald next month.
Mrs. Rice died on January 27, 1897, at
Houston, Tex. By the provisions of her
will shesmade bequests aggregating $750,
000 to various friends and relatives. Mr.
RIcci contested the "probate of the will in
Houston, claiming that hiswlfe was not
competent at the time of Its execution,
but .the paper nevertheless was admitted
to probate. Adele Baldwin Is a cousin of
Mrs. Rice. She and other legatees claim
they have not been paid their bequests
undijr the will. If the executor of the will
does not qualify here she will make a
motion to Surrogate Fitzgerald that she
be appointed admlnstratrlx.
Mrs. "Rice's estate In this state consists
of personal property namely, a claim for
$l,0OD,000 against the estate of her de
ceased husband. Mr. Rice died In Septem
ber, 1900, and his millions are still the sub
ject of controversy.
HELD FOR LARCENY.
"GoICen-Tonsued" Nefr York Orator
Arrested in San Francisco.
SAN FRANCISCO, Nov. 12. Benjamin
Chadsey, an attorney well known through
out the State of New York as the "golden
tongued orator,"" was arrested here today
on a New York warrant charging him
with grand larceny. Chadsey came to this
city today on the steamer Newport, from
Panama. He was registered as B. C.
Franks. The arrest was made by the
local police, to whom the prisoner stoutly
WILCOX.
maintained that he was- not Chadsey,
and that the purpose- of his visit to Cali
fornia wa to inspect mining properties.
He reiterated continuously that he was
not a fugitive from justice.
When later confronted by Edward Orr,
a detective from Brooklyn" who knew
Chadsey intimately, the prisoner broke
down and admitted that he was the man
named In the warrant. It Is charged
against Chadsey that he appropriated $900
from the $1000 estate of William Meyers,
an Infant of Brooklyn. N. Y. The war
rant was issued at the instance of Isa
bella Miller, the child's guardian. The
police say that Chadsey first started West
overland, then doubled on his route, and
at the Atlantic seaboard took passage for
the Isthmus of Panama.
To Interviewers, he declared that his
predicament was due merely to a misun
derstanding as to the amount of his fee.
Detective Orr will take Chadsey back to
New York. .
DRUGGElBAND ROBBED.
French Miner Becomes Insane When
He Realizes His Less.
NEW YORK, Nov. 12. Homeward bound
with a bag of gold nuggets and "his pock
ets full of cash. $5000 In all, won in the
mines of French Guiana, Jacques La
Travers, a native of France, has been
robbed in this city, and is now in the in
sane ward of Bellevue. Travers and his
partner had reached this city on their
way back to France, and as neither under
stood English, they took a room in a
lodging-house near the docks. Both dis
played their treasures carelessly, and when
Travers went out alone to purchase a
watch he is believed to have been induced
to drink drugged liquor. He returned
shortly to his room, his gold gone. When
he realized his loss, he became violently
Insane, and was taken In charge by the
police.
COST OF MOLINEAUX TRIALS.
Half a Million Dollars Spent, and a
Record Established.
NEW YORK. Nov. 12. It has been esti
mated that the trial of Roland jB. Moll
neux has cost more than any other for a
capital offense in any country where the
English system of "jurisprudence Is In
vogue. The-cost to the County of New
York in the first trial amounted to $250,000.
This was expended in various directions,
largely in fees for handwriting experts,
who were brought from distant states,
and for detectives, who "endeavored to
trace Mollneux's movements from his 15th
birthday to the time of his arrest. The
defense expended about $7o,000 In the first
trial, and It is estimated that the total
on both sides for the two hearings will
foot up nearly $500,000.
Big Reward for Embezzler.
NEW YORK, Nov. 12. A largo reward
has been offered on behalf of his gov
ernments by Austro-Hungarlan Consul
General Deszoefwy, of this city, for the
arrest of Victor rKesckemethy, who Is
charged with having left Budapest with
$117,000 in government funds, which he
was carrying to a bank.
Horn Sentenced to Be Hanged.
CHEYENNE, Wyq., Nov'. 12. In the
District Court this afternoon Judge Scott
denied the motion for a new trial for Tom
Horn, the cattlemen's detective, who was
convicted of the murder of Willie Nickel,
of Iron Mountain. Horn was sentenced
to be hanged January 9, 1903. He turned
ghaatlv white when sentence was pro
nounced. Shot by His Own Daughter.
BIG TIMBER, Mont, Nov. 12. Word
has been received here of the murder of
Guy Barton, at Arva'da, Wyo., by
Agatha Barton, his. daughter. , He was
shot and Instantly killed. The news was
brought by a special messenger on horse
back, a distance of 60 miles. Particulars
are lacking.
On Trial for Murder of Politician.
DES MOINES. Ia., Nov. 12. The trial of
Harry Levlch, charged with the murder
of Ike Finkelstein, a politician, began here
today. John Walker, Indicted' with
Levlch, will be given a separate trial after
the present case is disposed of.
GEORGE SMITH TO HANG
WIFE-MURDERER SENTENCED TO.
DIE DECEMBER 10.
Judge George Names the Penalty
Appeal to the Supreme Court
Will Be Taken.
George Smith, colored, who murdered
his white wife, Annie Smith, was sen
tenced to be hanged on December 19, by
Judge George yesterday. The execution,
however, may be stayed, as Charles A.
Petrajn, attorney for the prisoner, asked
and was granted 15 days time to pre
pare a bill of exceptions to be used in an
appeal to the Supreme Court
Neither Smith nor his counsel made any
statement to the court before sentence
was pronounced. There were few persons
In the courtroom, except jurors," attor
neys and Courthouse attaches, and the
whole affair was over; in five minutes.
Judge George remarked: "This Is the
time for passing sentence upon George
Smith. Has the defendant or his attor
ney anything to say?"
-Smith answered: "I have nothing to say
at this time. Your Honor."
"Have you anything to say, Mr. Fe
trath?" continued the court.
The attorney shook his head. .
"You have been charged with the hei
nous crime of having murdered your
wife," said Judge George, "you entered a
plea of not guilty, and a jury of your
countrymen returned a verdict of guilty.
The court tried to, and thinks it did' give
you a fair trial. It only -remains for the
court to pronounce sentence.
"You will be taken hence" by the Sheriff
of Multnomah County and confined In the
County Jail until the 19th day of Decem
ber, and on- that day you will be taken
thence by the Sheriff to the Jail enclo
sure, and hanged by the neck until you
are dead, and may the Father of us all
have mercy on your soul."
Smith acted coolly while hearing the
announcement of his doom, and after the
last word had been uttered by the Judge
he arose quickly from his seat and fol
lowed Deputy Sheriff Penumbra Kelly, to
the stairway leading to the County Jail.
While Attorney Petraln has taken the
steps preliminary to an appeal to the
higher court, he has not yet fully deter
mined that he will carry the case up.
HARRIS GETS NINE MONTHS.
Portland's Star Third Baseman Sen
tenced for Larceny.
William Harris, Portland's star third
baseman, charged with larceny of a pair
of pantaloons In the store of the Salen
Woolen Mills, about a month ago, pleaded
guilty to petit larceny yesterday, and was
sentenced by Judge George to nine
months' Imprisonment in the County Jail.
George Hammond.i jointly indicted with
Harris for the crime, was tried and con
victed by a jury, and will have to go to
the penitentiary. Leniency was not ex
tended to Hammond as In .the case of
Harris, for the reason that Hammond was
convicted four years ago on a charge of
larceny qf a hat, and on account of his
youth was let off with a County Jail
sentence. The jury yesterday took com
passion on him, and recommended him to'
the mercy of the court, and he may con
sequently not receive as severe punfsh
ment as he might if there had been no
such recommendation. This, however, Is
a matter discretionary with the court.
The young men were arrested by Detec
tive Weiner, and gave him a lively chase,
jumping over three fences, and finally
hiding in a room in a saloon. The attor
ney for Hammond tried to Influence the
jury to return a verdict of simple larceny,
but this was opposed by Attorney Spen
cer, who represented the state.
SETTLED AN OLD SUIT.
Case of Incetta P. Beers vs. Hamlin
and Aylcsworth Ik Dismissed.
The suit of Lucetta P. Beers' against
Robert Hamlin and C. A. Aylsworth,
garnishee, which has been pending for
several years, was dismissed vby Judge
Sears yesterday on motion of Attorneys
Seton & Strahan, for the plaintiff, a set
tlement having been arrived at. Ham
lin Is, a storekeeper at Litourell, and In
189S was sued for damages by Mrs. Beers
for having struck her arid knocked her
down. She obtained a verdict for $500,
and previously Hamlin was fined $20 for
assault and battery In the East Side Jus
tice Court. He alleged that he did not
own the store, and to collect the judg
ment the plaintiff's attorneys garnished
shares of stock in the Larch Mountain
Investment Company. Aylsworth said he
owned the stock In question, and there
were two trials In the lower court to de
termine the matter, and the case was
appealed to the Supreme Court. The de
fendants lost, and had to pay the costs
of appeal, amounting to $115. The case
was finally settled for $400. Since the
litigation was begun, Charles Aylsworth.
a son of C. A. Aylsworth, married Mrs.
Beers.
JACKSON SEEKS RELIEF.
Neprro Detained as Witness lOG Days
In Jail Says He Is in Need.
Andrew Jackson, a negro, who was de
tained In the County Jail for 10G days as a
witness in the Gladissee murder case,
yesterday filed a petition In the County
Court asking for compensation. He states
that because of his Imprisonment he was
prevented from following his usual em
ployment, and Is without sufficient cloth
ing to keep him comfortable, has no
means, and Is sick and unable to work at
the present time.
Testimony In Stnckpolc Suit.
The taking of testimony in the case of
Mary A. Stackpole against the Northern
Pacific Railway Company was completed
In the United States District Court yes
terday. The last witnesses examined
were the ' conductor, porter and brake
man of the train on which Mrs. Stack
pole was a passenger, and on which she
alleged she was seriously injured by a
collision with a freight car. The conduc
tor and the other trainmen said they
suffered no Injury from the collision, and
they hardly noticed the jar. When all
the testimony was In Judge Bellinger
gave Instructions that the stenographic
notes.be extended and that then the final
arguments to the court be made. The ar
guments will probably be made Saturday
or the early part of next week.
Bnstccd Gets
In the suit of Richard Busteed, a cigar
salesman, against Kuhler & Stock, a Chi
cago firm, to recover $G3S for services per
formed and travelling expenses. Judge
Frazer yesterday rendered a decision In
favor of Busteed for $120 50. Busteed, In
his complaint, alleged that he was en
titled to 30 days' notice, or compensation
for the time, being $150 salary, and $240
expenses. He also asserted that there
was a balance due him for services. The
defendant entered a denial, and contested
the suit stubbornly. There were numer
ous contentions as to the facts, and at
the trial considerable evidence was Intro
duced on both sides.
County Court Twice a Week.
The County Commissioners' Court will
hereafter hold sessions In the courtroom
on Wednesday and Friday of each week.
There is a large amount of business to
transact each month, and it is thought
that two recular sessions a week will
serve to expedite matters. Persons hav
ing anything to present pertaining to
county affairs will be expected to attend
-the sessions of the court and be prepared
to proceed in a proper manner.
Wells Suit Settled.
The damage suit of Mary C. Wells
against the City & Suburban Rallway
, Company, set for trial In the State Cir
cuit Court yesterday, was dismissed, the
case having been settled. Mrs. Wells in
her complaint set forth that as she was
alighting from a Third-street car the car
was'suddenly started, causing her to fall
and to sustain severe injuries. This the
company denied. The case was tried sev
eral months ago, and the Jury disagreed.
Decision by Judge Cleland.
Ttlfltrn Clolonrl will vanAar' a r?r!Qf rm
this morning in the case of Hume & Hall
vs. Multnomah County, on the merits.
Court Notes.
Rachel L. Ray was appointed In the
County Court yesterday administratrix of
the estate of her brother. John Dewltt
Ray, deceased. He was a resident of Illi
nois, and left property in Multnomah
County valued at $25,000. The heirs are
Ceola Marie, Thomas Lloyd and Ora Lou
ise Ray, all residing in Belvldere, 111.
O. B. Nelson filed an attachment suit
yesterday in the State Circuit Court
against W. W. Gibbs, to recover $955 due
on a judgment obtained against Gibbs In
the Superior Court forStevens County,
Washington. The property attached con
sists of the east half of lots 1 and 2,
block 167, Caruthers' Addition.
REFORM FINANCES AT ONCE
Vice-Governor Wright Discusses the
. Philippine Situation.
SAN FRANCISCO. Nov. 12. Vice-Governor
Luke E. Wright, of the Philippines,
speaking of financial affairs in the islands.
said in an interview that the money
market is continually fluctuating.
"A bill to afford the necessary relief
was presented to Congress, but not
passed." said he. "I think that for the
"benefit of the commerce the matter should
again be taken up at the next session of
Congress. It has been suggested that
a Filipino dollar of silver should be In
troduced In the islands. This dollar
should be worth actually 50 cents of our
gold money. I think such a coin would
remedy the present financial situation.
Such a monetary system would be simi
lar to the one now In use In Japan."
"It has been- suggested that a limited
number of Chinese say 100.000 be allowed
to land In the Philippines. Dq you think
their presence would relieve the present
labor shortage?" was asked.
"I would not like to see the doors
thrown open to the Chinese. Skilled labor,
yes, if limited, would certainly prove ben
eficial. Some of the Chinese are very
clever, and they would be able to teach
the Filipinos many of the Industries."
Governor Wright, accompanied by his
wife, expects to leave for the East Thurs
day night.
WELCOMED BY NEW MEXICO '
Senate Territorial Committee Is
Royally Greeted at Stations.
EAST LAS VEGAS. N. M., Nov. 12. A
large number of citizens, headed by a
brass band, turned out this morning to
meet the United States Senate committee
on territories, which, on Its official trip
to the territories asking admission into
statehood, entered New Mexico" at 8
o'clock this morning, and made its first
stop at Raton. From the territorial line
to Las Vegas, where the committee took
up Its first official hearing. Immediately
after Its arrival, It was greeted at each
station by enthusiastic delegations of citi
zens, school children and territorial of
ficials. Who were clamorous for a speech
from Senator Beverldge, chairman of the
coirunittee, who, however, uniformly de
clined to say anything. R. S. Rodey, the
territorial delegate; John Baker, of Al
buquerque, and others boarded the train
en route.
After a meeting on the train the com
mittee announced that It would have to
refuse all offers of entertainment, which
would Interfere with Its work. From Las
Vegas the committee will go to Santa Fe.
Inislde Pinna of Ax and Tool Trust.
NEW YORK, Nov. 12. Further details
In regard to the proposed ax and tool
combination which will be known a3 the
International Ax & Tool Company, show, I
according to the Journal of Commerce, :
that the authorization of securities Is '
$42,000,000, of which the following are to f
be Issued: $17,000,000 5 per cent bonds, i
54.000,000 7 per cent preferred stock, and j
$12,000,000 common stock. Twenty-seven j
companies are represented In the deal,
two plants, located at Evansvllle and
SMALL DOSE.
PLEASANT
1 jM
I I I ML m
44 F
O R. C
The Kcady-to-Serve Cereal
brings business profit
through good
digestion.
Sweet, crisp flaHes of wheat i
and malt.
For tho Man Who Works.
"For the man who works it has no
equal. I gained eight pounds ia two
months. I nevet. tire of eating 'Force.'
"Cms. T.Looax."
I
m
"The heart
Giveth grace to every
art"
Longfellow
It is the heart of
Gorham
Silver
namely, the beauty
which permeates it,
that distinguishes it
above ordinary silver
ware and gives it a
grace which is univers
ally attractive. Apart
from its beauty, its
sterling quality, guar
anteed by the trade
mark, and'its moderate
price are distinguishing
features.
New Albany, Ind., having been added to
the original list.
According to the promoters, the com
pany will control 95 per cent of the pro
duction in the United States and Canada
of axes, adzes, hatchets, hammers, picks,
mattocks, sickles, hickory handles, and
similar products, and grindstone quarries,
and will manufacture sufficient crucible
and open-hearth steel for the needs oi
the various plants.
MACKAY'S BODY ARRIVES
Remains of Famous Financier Xow
Rest in Family Vault.
NEW YORK. Nov. 12. Resting in a
mortuary chapel, a large room between
decks having been fitted for that tempo
rary use, the body of John W. Mackay
arrived today on the White Star Linei
Oceanic from Liverpool. Mrs. Mackay
and her daughter, the .Princess Colonna,
were passengers on the same steamer.
The body of Mr. Mackay was taken from
the steamer and immediately conveyed tc
Greenwood cemetery. Brooklyn, where it
was placed In a vault beside the remains
of J. W. Mackay, Jr.
Marconi Telejrraph Company.
TORONTO, Ont.. Nov. 12. The Marconi
Wireless Telegraph Company of Canada,
Ltd.. with an authorized capital of $5,0C0,
000, has been incorporated by the Provin
cial Secretary. The Incorporators are:
Willard Reed Green, of New Jersey; J.
W. Greenshlelds, Montreal; Walter Bar
wick, Henry C. Osborne and John Payne,
of Toronto. This is the parent Marconi
organization in Canada.
Receiver for Insurance Company.
CHICAGO, Nov. 12. Philip X. MacGuIra
was today appointed receiver for the as
sets of the Marquette Life Insurance
Company, upon a petition filed by State
Insurance Superintendent Yates, who de
clared that the company was insolvent.
An Injunction also was secured restrain
ing the officials of the concern from pro
ceeding with Its business.
Orjcnnlze to Fiprht Cisnr Trust.
NEW YORK. Nov. 12. Permanent or
ganization has been effected by the inde
pendent cigar and tobacco dealers, for
the purpose of fighting the combination
stores recently opened throughout the
city. Four hundred members were en
rolled. Recommendations were presenteu
for the division of the city Into distnlcts
for the purpose of better earning on tha
fight.
f3 HL1" ?3jy3 ESB?v s.
gg Aii 1 1
STRONGLY RECOfvlFVsED
DR. BULL'S COUGH SYRUP for all affections of
the throat and bronchial tubes. James L. Burdett,
one of the best known humorists. 233 West 12Gtli St.,
New York City, says: "I have taken
's Cough
Syrup
exclusively for live years and find it not only pre
vents hoarseness, but keeps niafree from coughs and
colds. I heartily recommend it to anyone who
speaks or sings, or who is troubled with sore throat,
coughs, tonailitis or bronchitis."
AVOID CHEAP SUBSTITUTES.
ASK FOR THE OLD RELIABLE " DR.
BULL'S COUGH SYRUP." SEE THAT '
YOU GET IT; also see that the "BULL'S
HEAD" is on the package. It has stood .
the test, for fifty years. Large bottles at all f
druggists, 2o cents.
TO TAKE. ALWAYS CURES
Jim Dumps at work so fiercely
jawed
That e'en the office boy was
awed.
The force, at loss to see the
boss
So out of sorts, was also cross.
Now sunshine fills the force
with vim,
I For " Force " has rallied
" Sunny Jim."
99 1
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