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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 26, 1903)
10 THE MORNING OREGONIAN, THURSDAY, FEBRUARY 26, 1903. GREET A SENATOR Portland Citizens Honor Charles W. Fulton. HE SPEAKS FOR HARMONY Pledcrs inn Devotion to Mnltnomnb. Intercut 1'roniliirnt find IHkU Chiefs in Republican Party Congratulate the Astorluu. Senator-elect Charles W. Fulton was a much-honored man last night. Portland turned out to the Commercial Club recep tion to grasp the hand of the Clatsop gen tleman, to extend congratulations, to offer felicitations and to receive assurances that Portland's Interests were objects of the newly elected Senator's solicitude and esteem. "My gratitude for this grand reception is beyond my power to express," Slid Senator Fulton after the shower of felici tations had subsided. "Forget It? How could IT this testimonial of the good will of Portland. It is the beginning of a new era, an era of harmony among ourselves and of united effort by the interests of Oregmn to meet the competition which is crowding on 14s from without." "Than you will endeix-or to harmonize the interests in Multnoniah which have" "Yes. ilr; that's the end I propose to work for, and I trust I can convince the jeople of'portland that their interests will not suffer Worn my endeavor." "And you will do this before the next DrimarlesT" "Yes," responded Senator Fulton, "Just j as you nave uecu tw kuuu m miui before." 1VII1 Start Kant Today. This morning- Senator Fulton will start for Washington. He will po as fast asJ possible so as to reacn tne national cap ital before adjournment of Congress. His route will be by the O. It. & N. and Ore gon Short Line. "Unless there should be an exttra session of Congress." said the Senator, "I shall be back within six weeks." All the high chiefs of Portland were there last night. ' They thronged the rooms of the Commercial Club until tli-e sidesot the building appeared to bulge- out, and still the elevators, with groaning labor, kept hoisting up their loads of human freight. An orchestra was doing its best to pitch its strains above the buzz pf voices, but could scarcely be heard. For full two hours the Senator kept shaking hands. So many "were those hands the wonder was how the Senator could follow them to their owners, but he did so with wondrous ease. "Isn't this, glorious?" exclaimed one of the gentlemen enraptured by one of the most delightful handshakes he had ever felt. ''Isn't this glorious? It shows we all are one." Everything shone with uncommon luster. There were the eyes of the assembled pa triots which focused their beams upon the Senator-elect and were mirrored in the bright, glowing countenance of the gentle man in. whose honor the event was called. Then there were the gleams of wit. the flashes of happy good-will. and. last but not least, the sparkling punchbowl. The electric lights glowed as-they had never done before. The occasion was a rare one, indeed, such ns Portland has not seen for many a day. Seldom do the representative citizens of Portland come together rarely do they meet to pay such universal re spect to one person. It was .a testimonial of their forgiveness of spirit that they assembled in honor of the man whose election they have so long opposed. Senator Fulton embraced the opportu- nlty to assure the citizens of Portland that he would endeavor at all times to serve their Interests. In a speech which stirred his auditors to frequent applause ho declared that he would labor inces santly for Portland's commercial inter ests. He wanted to see Portland the "Queen City not only of the Northwest but of the Pacific Coast." The river high way of the Columbia should be improved as far Inland as it could be made to serve the Interests of commerce. Senator Fulton was Introduced by IL M. Cake, president of the Commercial Club. Senator Fulton spoke as follows: Senator Pulton's Speech. "Gentlemen, your president assured me that there would be no speech-making hero tonight. 'Well, I suppose he knows I cannot make a speech and therefore he thinks that I shall not depart from the rule." Senator- Fulton then proceeded to dem onstrate that he could make a speech, nor did anybody take Him to task -for "de parting from the rule." "I do wish to say something tonight." he went on, ".and I wish I could say what I feel my gratitude for this grandrecep tlon. I know that the spirit of this occa sion is a desire to forward the Interests of our state. It is my purpose to devote my entire energy toward that end and I shall employ myself with all the vigor at ray command. "It Is an honor to bo elected to the highest legislative body In the world. In acceotlnc that honor I "know that I ac cept a grave responsibility. Over the pleasure of success in attaining that honor Is cast the shadow of that responsibility and of the doubt of my ability to dis charge the duties that devolve upon me. Our state requires much aid from Con gress. Our Industries and our resources require the attention of the Nation and to draw that aid and that attention I shall be earnest in effort and untiring In Industry. I intend to devote myself to representing not one locality of the state, but the whole state In every locality. Portland's Important roaltlon. "Portland is the commercial center of the Northwest. From it flows the heart blood of the commerce of this region. As we enhance the interests of Portland we riiall enhance the Interests of the entire Northwest. The products of Oregon must be brought to the markets of the world. To accomplish this we murt have the very best highways of commerce. Nature has given us a great water highway, but it re quires many Improvements to bring it to the best possible state of utility. For this appropriations are needed from Congress. I feel the Importance of Improvements from the mouth of the Columbia as far inland as that river can be made to serve the purposes- of'commerce. We must have the deepest possible entrance at the mouth of that river. If we don't have that. It la uselera to talk about other Improvements. After a deep entrance is secured the In terests of the entire stats, require that we have a deep channel up to Portland and even beyond Portland and that every ob struction to commerce be removed. Columbia County Has One Interest. "There Is no Just ground for rivalry be tween two or "more localities along the channel. The rivalry should not be be tween Portland and Astoria or any town on the Columbia. The only rivalry should bo that of Portland on the one hand, agalnot Puget Sound and San Francisco on the other. The entire Columbia River and every part of It should stand shoulder to shoulder. If we cannot do this we can not hope to bring the commerce which our resources require. "On the subject of Rn open river to the sea I am Just as sincere as any man here. I feel that Portland should not be burdened to maintain the channel to the a. Every effort should be made to re imburse Portland for what It has expended and to Influence Congress to take up that burden for the future. To this end my ffort will be directed. Of course I do not know what success I shall attain. I do not yet know the temper of Congress on this subject." Senator Fulton declared that he would do all in his power to urge' the construc tion of the lnteroctanlc canal. He thought the Nicaragua route .better than the Pana ma, "but Congress has decided for Pana ma and we must direct all our energies to complete the canal by that route. "I want your aid and advice at all times. ............ ' I 1 ' mm m 1.4 SENATOR-ELECT FULTON GREETS A. R. C. MACKENZIE AT THE COMMERCIAL CLUB RECEPTION. Williams was not prevented from solicit ing work-for a rival company, in any por tion of the city except the route he had covered Immediately previous, and could covr that territory after 00 days. Williams quit the employ of the Troy Laundry Company and at once obtained ai many of the old customers whom he had been serving as he could for the Ore gon Laundry Company. The Troy Laun dry Company sued to enforce the contract and for $50 damages. Williams did not defend the case, so Judge George, besides declaring the agreement binding, rendered Judgment against Williams for $M. The 60 days limit has long since expired. The Troy Laundry Company, however, desired to obtain. a decision on the question for use In the future, should another such ocjasicn arise. EAGLES CASSOT RECOVER. Sale of County Warrants by Treas urer Walte Legal. The Fraternal Order of Eagles cannot recover the county warrants sold by Charles S. Walte, when he was treasurer of the organization, to A. H. Maegley. E. H. Prescott and Theodore Kruse. The amount of the warrants wa3 about $1200. It. G. Morrow, an assignee for the Eagles, sued to enjoin the county from paying the warrants held by Maegley and the others on the ground that Walte had no authority to dispose of them. The court held that the defendants purchased the warrants in good faith, thinking Walte had power to sell for the Eagles. They thought they were obtaining a good title. If the warrant-buyers purchased In good faith, the Eagles, rather than the innocent purchasers, should suffer. The court further found that Walte was a defaulter, but the money he secured from the sale of the warrants went Into the account of the Eagles In the Mer chants' National Bank, deposited In the name of Walte as trustee, and the Eagles got the benefit of It. or at least part of It. The Eagles appropriated the balance after Walte became a defaulter and died. or. as Judge George remarked, "took his own life." In conclusion. Judge George said If Walte had a right to buy county war rants, he had a right to sell, and ' the order should be estopped from setting up a claim of ownership. A decree was ren dered In favor of the holders of the warrants. TWO NEW FERRIES Portland Can Have Them by Voting "Yes." SPECIAL ELECTION IN JUNE Turned Doirn Three Applicants. The controversy between Thomas Gar ner, Axele Schwartz and J. P. FInley for appointment as administrator of the es tate of Peter Benson, deceased, was set tled by Judge Webster yesterday, who turned all of the applicants 'down and appointed Arthur Wilson, Consul of Swe den and Norway. Benson was a Scandi navian, and left relatives In that-country. The court therefore thought the Consul was a good man for the position of ad ministrator and to communicate with the relatives, who do not understand the Eng lish language. 'I if. 31. cake; president of commercial club. t eball be only- too well pleased to re ceive suggestions from you Individually and from .your commercial organizations. I shall be guided by your wishen as to your commercial Interests. I feel that We are getting closer together. I feel that our hearts are beginning to beat as one. We have one common desire to have a greater Oregon and by having "a greater Oregon to have a greater Portland. I want 'to see Portland the queen city not only of the Northwest, but of the Pacific Coast. It seems to. me that by united and well directed effort there can be no-limit to Portland' possibilities.. Gentlemen, I thank you again for this reception and I trust this will not be the last time we shall meet." Senator Fulton's remarks were received with loud .applause. AmoLR Those Present. A full list of the persons who attended would be Impossible. Among the gentle men who attended were: F. L Dunbar. Secretary of State. J. R. Whitney. State Printer. J. H. Ackerman, State Superintendent of niDiic instruction. L. T. Harris, Speaker of the House. A. C. Jennings, Chief Clerk of the House. S. L. Moorhead, Chief Clerk of the Sen-sto- Dr. J. F. Calbreath. Superintendent of the Insane Asylum. The following members of the Legisla ture: T. B. Kay. Frank Davey. Squire Far- rar, E. M. Crolsan, of Marion; J. N. Wil liamson, of Crook; Herbert Holman, J. E. Hunt. F. P. Mays, A. C. Smith. C W. Nottingham, A. A. Bailey, W. W. Bonks. 6. B. Cobb. IL J. Fisher. John Gill. C. W. Hodson, W. R. Hudson, J. S. Hutchinson, W. N. Jones, Dan J. Malarkey, Sanderson Reed, of Multnomah; J. M. Shelley, of Lane;, J. M. Hansorough, of Douglas; G. L. Hawkins, of Polk; C W. Carnahan. of Clatsop. Among other persons present were: Ben jamin L Cohen. W. D. Fenton. George Taylor, D. M. Dunne, A. B. Croasman. J. O. Hanthorn, M. C George. H. W. Hogue, C F. Beebe, John McCraken, A. H. Devers, IL W. Scott. W. B. Chase. "M. C Ban field. H. L. Pittock. E. M. Bran nick, R. Livingstone. F. EL Beach. T. N. Strong, John H. Hall, W. F. Matthews, C. H. Carey. W- M. Cake. W. L. Boise, C. E. McDonell. Phil Metschan. Al P. Tlfft, Colonel James Jackson, F. M. War ren. O. F. Paxton, George "W. Hpyt, F. W. Leadbetter. E. W. Spencer, L. L. Hawkins, H. D. Bamsdetl, A. A. Courteney, W. E. Coman, F. T. Merrill. Mayor George "H. Williams. A. E. Oebhardt, R. W. Mitchell, General O. Summers, C 3. Owen. W. H. Chapln, B. S. Pague, James Laldlaw, W. M. Ladd. T. B. Wilcox. R. L. Gllsan. Al exander Kerr, Ed Ehrman, R. R. Dunlway and many others of Portland; Judge Free land; of Heppner; Captain O. C Apple gate, of Klamath; Wesley' Smith and L. F. Cavanaugh. of Turner; J. H. Aitkin, of Huntington: Dr. J. A. -Fulton. F. L. Parker. T. A. Stokes, S. Schmidt, Herman Wise. F. A. Fisher. D. H. Welch, J. T. Ross, of Astoria: A. M. Crawford, Attorney-General -of Oregon:, Arthur Conklln. of Grant's Pass; M. 'A. Baker, of McMlhh ville. , The reception committee was composed of the following: H. W. Scott, - W. M. Ladd, Charles F. Beebe, W. W. Mann. R. Livingstone, C A. Dolph, H. M. Cake, Whitney L. Boise, John Hall, R. L. Durham. S. H. G ruber. . Edward Ehrman. F. E. Beach. A. IL Devers, ID. M. Dunne, Alexander Kerr. Charles H. Carey. BACK TO COUNTY COURT JLI1GE GUOnCF. DENILS APPEAL OP CHRISTINE ENGER. Decision of Supreme Court Haiku Her Effort to Prove She Is Heir to f Wilson Estate. Following the decision of the Supreme Court In the McCann case. Judge George yesterday dismissed the suit of Christine Enger asking that she be declared to be the sole heir and entitled to the posses sion of the setate of Henry Wilson,- de ceased, for want of Jurisdiction. The administration of the Wilson estate was still pending In the Probate Court when an order was entered in the State Circuit Court escheating the property to the State of Oregon. This order, as part of the decision rendered by Judge' George yesterday, was set aside as null and void. Mrs. Enger, after the property had been ewsheated, sued for It and the Jury de cided against her. Her attorneys filed a motion for' a new trial, but the decision Just delivered does away with all these proceedings and the case goes back to the County Cour, where Mrs. Enger can fight it out. Part of the decision of the Supreme Court referred to by Judge George Is as follows: "Where the Probate Court has acquired Jurisdiction for administration purposes, under our statutes, of property of an In testate dying without heirs,' no proceeding can be entertained In the Circuit Court under the esche'at law of 1887, which can Interfere therewith." Judge George rendered a long decision, and among other things said: "In this case it therefore follows that as all the property Involved In the Henry Wilson estate Is in and ever has been In tho bands of the County Court, pending ad ministration, this court had no Jurisdic tion. "The direction of this court to turn the property over to the state was void for want of Jurisdiction, and binds nothing." Decisions Today. Judge Cleland will announce decisions this morning in the following cases: State of Oregon vs. G. Castronuovo; mo tion for new trial. William Mnckenzle vs. Joseph Boyd: on the merits. Nottingham & Co. vs. Morris Pollav: on the merits. . John M. Cress vs. M. B. Rankin; petition to correct record. Pacific Mill Company vs. Inman. Poulsen & Co.; motion for order to show cause. Dlroree for Sirs. C. M. Davis. A divorce was granted by Judge George yesterday to Katherlne May Davis from C. May Davis, because of cruel treatment. Testimony in the case was taken about a week ago, and the court decided that Mrs. Davis made out a good case against her husband. At the trial Davis told the Judge "he did not want a decree of divorce pronounced, and said he would be a noble husband and father yet, but the court did not seem to pay any attention to "his promises. Harry "White's Trial Set. The trial of Harry White, the sailor boarding-house man. who Is Jointly charged with William Smith and James White with kidnaping a rallor. was" set for March 11 by Judge Sears yesterday. The trials of the other two will follow. Dan J. Malarkey appeared as attorney for the three men. If Projects Are Ratified $.-,0,000 Will Be Spent on Alblna Ilont and 815,000 on Sell wood Ferry. Citizens of Portland on June 1 will vote whether to authorize an additional frea ferry at Alblna and a free ferry at Sell wood. If a majority of them mark their ballots "Yes." the Executive Board will sell J3O.C0O worth of bonds for the Albina ferry and the Council will appropriate $15,000 from the revenue of the city for a ferry at Seilwood. The new law for an "additional ferry" at Albina make3 no mention of the ferry now running. Whether the "additional ferry" and the present ferry will run a't the same time is a question apparently yet to be decided. The Albina people say that one ferry does not sufficiently ac commodate the traffic, and that they need two. The "additional ferry" will be much larger than the present ferry, and there fore will not be operated at certain times in the Winter when the river current Is very strong. The smaller ferry will then Le used. This Is one of the reasons why the Alblna people did not wish the old ferry to go to Seilwood. Citizens of Seilwood limited their appro priation to $15,000 because they believed a ferry could be built at that price, propelled by gasoline. A steam ferry would be very expensive, and Seilwood feared it would be voted down. An outline of the Alblna ferry act Is as follows: The ferry Is to be "forever free to all pedestrians and all classes of vehicles and traffic except railways and street rail ways." ne Executive Board Is to have the power to issue $30,000 in bonds, and "to enter into any and all contracts necessary to provide and establish said ferry." The board shall also have the "right and au thority to appropriate and condemn to the use of the public any and all property nec essary to carry out the provisions of this act, and the said property may be entered upon, examined, surveyed and selected in the mode prescribed by the statutes of this state for the appropriation of lands for railway purposes." The bonds are to be of the denomination of $500, are to run 30 years, are to bear 4 per cent Interest, and are to be sold to the highest bidder. All unexpended money "shall be paid Into the general fund of the city." The board Is authorized to "employ such agents, workmen and laborers and serv ants, at such compensation as it may deem necessary, for tne accomplishment of the purposes of this act, and discharge the same when deemed proper." After having established the ferry the board shall deliver it to the county, which shall maintain It according to law. The question whether to build the "addi tional ferry" will be voted upon at a spe cial election to be held June L SUES DETECTIVE DAY, Edward Qulnn "Wants' 92500 for One' llullet Wound. Edward Qulnn filed suit yesterday against Detective Joseph Day In tho State Circuit Court for $200 damages for shoot ing him with a revolver several days ago. Qulnn was' suspected 'of having stolen a sealskin sacque In Thompson's restaurant. Petective Day and Policeman Carpenter were waiting In front of a pawn shop for Qulnn to come along, intending to arrest him. Qulnn ran when he saw the officers, and they fired several shots at him. He Is now In the hospital, suffering from a wound, which is not serious. STEMLER TO SUPPLY FACTS, t Must Shoir Amount of Money Paid to Tontine Company. In the suit of H. E. Stemler against the Tontine Strings Association, asking for the distribution of KO0O among contract holders. Judge George yesterday decided that the plaintiff must furnish the num ber of certificates on which money was paid. The Tontine Savings Association was put out. of business" by the Superior Court in Minneapolis and a receiver was ap pointed. The agent in this territory was John F. Olson, and he hid JtOOO on hand, which was deposited In the Merchants' National Bank In Portland. The receiver In Minneapolis wants to get hold of this money, and put It Into the general fund. Stemler says It should be distributed here among the persons who paid IL Judge George did not pass upon this ques tion, but In order that it may be ascer tained Just how things stand, decided that Stemler shall make a return show ing the number of certificates and amounts on which certificate-holders made piyments to Olson on which he did not make returns to the company at Min neapolis, while he was acting as the Northwest representative. FRED FRITZ LOSES HIS SUIT. Had No Cnne Anlnut Dnlldlns;, Loan . Investment Company. The suit of Fred Fritz against the Wash ington National Building, Loan & Invest ment Company, to recover about $1900 for stock In the concern, was dismissed yes terday by Judge George for want of equity. Tne original Investment was made by Fritz ten years ago The court decided thnt the case was stale: that there was r.o proof that Fritz had been deceived by the agents of the company, and that the mlsiepresentations which he said were made to him were not material. The court further held that Fritz did not show that anything was done by the defendants prejudicial to his interest, and that the stock he received was just as gooa as cthT stcck of the same class, and the evidence was that it was of the class of stock which the officers of the company I preferred to hold. The sum total of the de:lslon was that there was no equity in th-5 case. The company has offered Fritz a settlement to the extent of about, $900, which. It Is contended, is all that Is com. ing to him as the result of his Invest ment. Fritt may appeal the case to the Su preme Court. SOT CONTEST TO BE OUSTED. Archbishop Orth Flies n Contest In Richnrdson Estate. Archbishop Bertrand Orth yesterday filed a petition In the County Court by his attorney. Mark O'Neill, asking for the removal of James R. Stoddard as admin istrator of the estate of Eleanor Richard son, deceased. Mr Orth was the executor of the will, and lr the residuary legatee. Mr. Stod- 1 dard was appointed some time ago on a petition stating that Mr. Orth Is now a i resident of British Columbia. This Is f true, but Archbishop Orth says he never received any notice concerning Stoddard's ; petition, and he desires a hearing. I The estate Is valued at about HOOO. but there will not De mucn ten alter tne claims have been paid. Julia C. Richard son has filed a claim for $7000. This was previously decided against her in the Su preme Court in another proceeding. W. T. WILLIAMS TO FAY-f30. Troy Laundry Gets iVamnjccs From Man Who Violated Contract. The contract entered into by W. T. Williams with the Troy Laundry Com pany, not to solicit orders on the route .which he was covering as driver until the expiration of 00 days after leaving the employ of the company, was sustained by Judge George yesterday. The' court said the contract was lawful j and was a reasonable business restraint- Court Sotes. Maud Darling was appointed In the County Court yesterday administratrix of the estate of her husband. Homer Dar ling, deceased, valued at $2S0O. There Is a'so $3000 Insurance, which goes to a son, Charles. Bertha E. Martin yesterday commenced suit In the State Circuit Court for-a di vorce from W. E. Martin, an Astoria saloonkeeper, because of cruel treatment. She says ,he threatened to kill her. and that she left him seven months ago. She .asks for the legal custody of their child. They were married in McMlnnvlIle In 1S93. The maiden name of the plaintiff was Dancer. Tlmm Must Pay Wife 20 Monthly. Judge George yesterday ordered Chris Tlmm to pay $3) per month for the sup port of his wife, Edith Tlmm. and their child, until the further order of the court. Mrs. Tlmm In her complaint asked for $40 per month, but at the time "the evidence In the case was submitted her attorney stated that $30 would be sufficient, but the court decided to cut the sum sued for In half. Mrs. Tlmm did not ask for a divorce, but only maintenance. She ad mitted at the trial that she did not desire to live with Tlmm. who Is her second husband. New Irrigation Enterprise, Articles of incorporation of the Portland Irrigation Company were filed yesterday by Robert W. Galloway, C. A. Ball and E. J. Ball; capital stock, $100,000. The object Is to conduct a reclamation enter prise In the vicinity of Paisley, Lake County. Little Damage to Citrus Fruits. LOS ANGELES, Cal.. Feb. I3.-G. A. Pariyns, general freight and passenger agent of the Southern Pacific Company, has returned from a trip through the citrus fruit belt and reports little dam age done by the recent cold snap. NEW PRESIDENT STEVENS INSTITUTE OF TECHNOLOGY ALEXANDER C. HUMPHREYS, WELL-KNOWS ENGINEER. Alexander C Humphreys, wbonas Just been lnauturaUd as president of the Steven' Institute of Tcchnoloey, of Hoboken. N. J.. obtained Ms early education at th ochool. attending- lectures when polble. and Anally enrolling and graduat ing In 1881 with hlKhest honors. He devoted himself to building and Improving gas plants, acting for a time as engineer of a prominent company, and later aa superintendent of construction. In 1890 Mr. Humphreys Installed In London trie first water-gas apparatus. He became associated with Glasgow, and established tbe arm of Humphreys 1 GlaEow, with offices In England and America. He la planning tbe erection of a large dormitory for the accommodation of students at Steven.