Morning Oregonian. (Portland, Or.) 1861-1937, February 27, 1903, Page 10, Image 10

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THE MORNING OREO ONI ANj FttTDAT FEBRUARY 27, 1903,
WORK ON FAIR SITE
General Plans to Be Ready jn
Six Weeks.
SECOND ASSESSMENT ON STOCK
Special Committee Recommend Thnt
More Tlinn 20,000 Hones lie Plant
ed So Thnt Tliey May Bloom
at Exposition.
The Lewis and Clark Fair Js growing
fast. Tho general plan of the Exposition
will be outlined within six weeks. Visible
preparations have already begun on the
site at Willamette Heights.
"Wo are liard at work." said Superin
tendent Hubcr. yesterday. "Results will
begin to show fast now. The people
want to see progress and that's what they
will see right away."
The second payment on subscribed stock
Is due next Monday. It will be 23 per
cent of that stock. The total amount
due on this asscfrtnent Is fSS.90.2i Several
large payments have been made already,
among them being that of H. W. Corbett
of nstt). and that of the First National
Bank, of $1230. Last night JlS.Cu) had
been paid in on the second assessment.
Some people have sent In money who did
not pay on their flrst assessment.
The clearing of underbrush from the
Fair site goes forward. Men are now
slashing and grubbing on the high ground
at the southeast part of the site. On this
ground the permanent buildings will be
located and also the memorial building,
if the State Commission decide to erect
that structure on the Exposition grounds.
In this case that part of the Fair grounds
will probably be acquired by the city for
a park.
The Lewis and Clark monument will be
erected In City Park 'at the head of Park
avenue. The committee on fine arts de
cided to recommend that site to the ex
ecutive committee. Ion Lewis will make
the design for the column of the monu
ment, and has been directed to communi
cate with IV. A. McNeill or such other
artist or sculptor as he may elect. The
column of the monument will be sur
mounted by an emblematic, figure. Each
of the four faces of the monument will be
adorned respectively with the coats of
arms of Oregon. Washington, Idaho and
Montana, the four states whose territory
was Included In the "Oregon country." A
special ceremony will be made of the lay
ing of the base of the monument, which
President Roosevelt and the Governors of
the four states will attend. The cost of
the memorial -will not exceed $15,009.
Three and a half miles of fencing are to
inclose the Exposition grounds while the
work of construction Js In progress. The
fence is to be made of boards. 14 feet
high, and Is to prevent the Invasions of
the too-curious public The southern part
of Guild's Lake will be inclosed by the
fence, which will also close a part of the
St. Helen's road from Twenty-seventh to
Putnam .street to general travel. A tem
porary road must, therefore, be built from
Thurman to Twenty-eighth street to ac
commodate the traffic between the city
and Llnnton.
The temporary dam across the slough
connecting Guild's Lake with the "Wil
lamette will be maintained, as the need
of such a structure has been proven. The
dam does not prevent the vfatcr flowing
Into the lake during frcsh'ets. but the
water in the lake cannot escape when the
stage of the river has lowered.
Superintendent Hubcr has asked the
committee on agricuture for permission
to spend-SBO in planting trees on the Fair
grounds. He htw reported to the com
mittee that at Oswego 1003 trees and 100
honeysuckle vines may be 'secured. "The
trees are In good condition," says Mr.
Huber, "and comprise the following
epecies:
"Deciduous Cork, elm, Norway maple,
silver-leaf maple, white and yellow birch,
beech, poplar and mountain ash.
"Evergreen Lawson cypress. Norway
spruce, rettnospora and Juniper."
The following shrubs are available:
Syringa, ducia, lilac, spiria, boxwood and
honeysuckle.
The special committee appointed by the
committee on agriculture to recommend
varieties of roses to be grown at the Ex
position, has made its report. The report
recommends that 20.730 roses be planted.
Of these 750 should be standard, or tree
roses, 1000 specimen or show roses, 1000
climbers and 15,000 low-budded iwes. "We
recommend that 18,000 low-budded roses
be planted In masses and that varieties be
separated so as to give the best color
effect As soon as possible ground should
be set apart for roses and be thoroughly
fertilized and cultivated preparatory to
planting next October. As the Exposition
grounds are virgin soil and composed of
o very heavy clay, we especially recom
mend thnt the place for the growing of
roses be un3erla!d with suitable drainage
tiles for the purpose of removing quickly
excessive moisture. By proper drainage
and fertilization roses will grow with great
rapidity, especially If a competent rosarlan
is put In charge with full power to act
and with the proper number of assist
ants." Two-year-old low-budded roses can be
procured at a price not to exceed 10 cents
each, and tree roses at a price not over
jo cents each. After the Exposition the
bushes should be sold for a sum equal
to their cost The bushes should be or
dered Immediately so that they may be
ready for planting in October. The climb
ing roses should be planted without delay
Strong stock, such as the dog rose or
ManetU. or others which have many roots
and much sap. Is recommended for the
low-budded or low grafted varieties. The
committee advises that a rosarlan be ap
pointed at once and that the southwest
corner of the Exposition grounds be de
voted to rose culture.
The committee is composed of: W H.
Barnhart George Otten. George S. For
fiythe. F. D. Matthews and F. V. Holman.
The committee recommends the following
rose varieties: K
-... Number of
Xames. Rnfia
White and light-colored varieties-?
CliO
Glolre Lyonnalse sa
Kalserln Augusta Victoria "" ooo
Marie Van Houtte 2S0
Margaret Dickson " sn
Mervellle do Lyon "III!" ffiO
Souvenir de President Carnot 230
Viscountess Folkestone so
White Maman Cocbet iov
Tellow variety
Sunset
Pink and carmine varieties
Anna de DIesbach , rn
Baroness Rothschild
Belle Slebrecht ,
Caro'lne Testout 5000
Improved Rainbow '250
La France - 3 om
Mile. Engenle Verdier 230
Maman Cochet ....... 500
Mrsv John Lalne' 600
Papa Guntler 230
Paul Ntyron 230
Ulrlch Brunner joq
Dark red and crimson varieties
Fisher Holmes 200
General Jacqueminot 200
Gruss an Teplltz 250
Liberty 200
Marechal Valllant .. 200
Prince Camllle de Rohan 200
Xavlcr Ollbo 600
Total .18,000
Roses to be selected by superintendent of
grounds or foreman of rose exhibit
Bushes. Standard or tree roses TOO
Climbing roses 1,000
Specimen roses , 1,000
Lost Her Hnibnnd. '
Because her husband left home yester
day morning in the quest of work and
did not return. Mrs. J. W. Bowers is afraid
he has met with foul play. About 11
o'clock last night she came to the police
station and asked for assistance In search
ing for him. She says that he Is a man
who does not drink and has no bad habits.
He has never stayed away from home In
this manner before, and she is very much
afraid that he Is being "kept away against
his wilt Mr. and Mrs. Bowers recently
came to Portland from North Yamhill.
They were engaged In farming In that
community, and the husband said that he
was willing to take any kind of work that
came his way. When he left home he told
his wife that he was to meet a man with
whom he had been talking about work,
but did not say who Jt was or where the
meeting was to take place.
BARBER PAYS A FINE.
Joe Iteldel Unci No License nml
Talked Too Much in Court.
For not aylng his delinquent license.
Joe Iteldel. a barber, was forced to leave
his business for two afternoons -while he
attended the Police Courjt submit to a
stem rebuke from Municipal Judge Hogue,
listen to an open accusation of ungentle
manly conduct from License Inspector
McEachern. and finally to pay a fine of
53. He was arrested for running a bar
ber shop without a license, and If he had
submitted without complaint his license
fee was probably all that would have been
demanded from him. When he tried to
vindicate himself, however, and throw
his troubles upon the shoulders of the
Petty officials he got himself Into no end
of trouble.
"Guilty or not guilty?" asked Deputy
City Attorney Fitzgerald.
"I don't know what I am guilty of,"
was the prompt response.
"He pleads 'not guilty.'" said tho at
torney. "Ready for trial V
"Wait a minute." cried the defendant
"If you are going to to" the case. I want
to plead guilty. I want to make a state
ment flrst I am a business man. I have
property- here. It would be an easy thing
to attach my property If I did not pay my
license. Why am I Jerked before this
court as a criminal? It Is an outrage. I
was given no notice "
At this Juncture the speaker had waxed
so eloquent that the Judge decided enough
had been said. "No notice needed," Inter
rupted the Judge. "Talk about something
else."
"I did not know that it was my duty to
hunt them up to pay my license." he con
tinued, but by this time Deputy City At
torney Fitzgerald was rolled.
"I am surprised." said he. "that there
is a man here who does not know of this
matter, when it has been aired in the pa
pers so extensively. It Is ridiculous for
a man to plead Ignorance In a matter
like this." With every word that was
said It was apparent that the barber was
becoming more and more displeased.
Mr. McEachern was called upon to make
a statement and said that the barber had
abused his employes In a very ungentle
manly manner, and rehearsed the reasons
for arresting him.
"But I had no notice," interrupted the
barber again.
"Shut up!" shouted the Judge. "I told
you you didn't need a notice."
"But I thought they had to let me know
that my license was due."
"Well, they don't" answered the Judge,
"and after this you had better look them
up every quarter."
"But "
"Shut up!" shouted the Judge.'
"I have a right "
"Sit down there and keep still!" roared
the Judge, Jumping to his feet and wav
ing his hand Indignantly. "Do you know
.any reason why this man should escape
without a fine?" he then asked the City
Attorney. As no one but the defendant
himself ventured an answer, and he was
promptly silenced by the court the fine
was fixed at JS.
STEEL FOUNDER DEAD.
Ferdinand Protimnn, Who Has Rela
tive in Portland, Die In the East.
Ferdinand Protzman, brother of Eugene
C, Frank C and Miss Isabel Protzman,
of this city, died recently at his home In
Allegheny. Pa. after an Illness of several
months. The Pittsburg papers speak in
highest terms of Mr. Protzman, who was
the founder of the tlnplate Industry in the
United States. He was held In high es
teem by the' Iron and steel manufacturers
of Pennsylvania, because of his wide in
formation on matters regarding the met
allurgical industries, his fertility of Ideas
and generosity In maklngsugesUons.
When a youth. Mr. Protzman began the
study of law In the office of Oliver P. Mor
ton, Governor of Indiana. In Pittsburg,
In co-operation with Martin Van Buren
Cowan, he founded a printing establish
ment and began the publication of the
Iron World, which was afterward merged
Into the American Manufacturer, under
which name It is still published.
Mr. Protzman . built quite a number of
steel works In thriving Industrial towns
and assisted 1 nestabllshlng the Norwalk
Steel & Iron Company, at Norwalk, O.,
and a large steel-rail plant near Clearfield,
Pa. Mr. Protzman and his family had
planned to move to Norwalk In the near
future, and expected to visit Portland
this Summer.
WILL DISCUSS "WAGE SCALE
Committee From Slaater Painters
and the Union Will Confer.
To discuss the wage scale of the Paint
ers' Union a committee of seven from the
Painters' Association will confer with a
committee from the union this evening.
The committee from the association was
appointed yesterday, and sent a commu
nication arranging for a conference to
the meeting of the Painters' Union last
evening. The union, after a debate, de
cided to meet the members of the asso
ciation on neutral ground, and a commit
tee was appointed for that purpose.
Though the association has officially no
tified the union that It will not allow the
scale, several members hare let It become
known that they would quietly give tho
higher wages asked for on April 1, the
time appointed for the scale to go into
effect The master painters declare that
If the union docs not back down a gen
eral lockout will be made by the asso
ciation on March 1. Several of the con
tractors who 'have not yet admitted they
would grant the new scale say they will
not Join In a lockout as they consider
such a step an Injustice to the men.
LIFE OF CITY STREETS.
Executive Board and Council Com
mittee Discusses Subject.
The life of the various kinds of street
pavement was thoroughly discussed at the
meeting last evening of the special com
mittee of the members of the Executive
Board and the Council appointed by the
Mayor for that purpose. The term of
years the city would guarantee' the life of
the different pavements was fixed in the
report of the committee, though the fig
ures of the committee may be altered In
the Council when the report comes before
that body.
That each street might be Investigated
when new pavements were suggested, the
committee passed a motion recommending
that the Mayor appoint a permanent coro
jnlttee of two members each from the
Council and the Executive Board, who. to
gether with the City Engineer, are to
make the Investigations.
Sam Bulbars Arrested.
Chief of Police Hunt last night received
a telegram from Missoula. Mont, stating
that Sam Bashara had been arrested on a
complaint from Portland. Bashara is
charged here with grand larceny. George
Antone. who has a store at Third and Ev
erett Is the complaining witness. The
robber came to Portland with the Jabour
Carnlval Company. He Is charged with
breaking Into Antone's store and stealing
a number of valuable articles.
PLEASED BY VETO
Mine-Owners Glad the Mining
Bureau Is Knocked Out.
SAY IT WAS A BAD MEASURE
Inspection Provision Wan Obnoxious
County J ml Re Webster Takes
Issue With Governor nn Veto
of nondlnn Act.
Governor Chamberlain's veto to the
"mining bill" pleases mlneowners. They
have been solng after the bill almost to a
man. The part of the proposed law which
excited their enmity was that relating to
inspection of mines.
"Wc have no more need of a mine In
spector than I have of a fifth wheel for
my wagon," remarked a mint-owner yes
terday. "California has ten times as
much mining as Oregon, but docs not
need nn Inspector. Washington has an In
spector of coal mines, but not of gold or
silver mines. Montana had an Inspector
but kicked him out Idaho has nn Inspect
or but will soon dl3po3c of him the same
way."
If the bill had provided simply for a
mining bureau it would have found little
or no opposition. Everybody admits that
Oregon needs a bureau to collect Informa
tion about mines and mining and mineral
resources. Such a bureau would attract
Investors and would protect them against
"wildcat" schemes.
"But the idea." said a mlncowner. "of
having a man with a stiff collar go around
and poke his nose Into the business of n
mine is a great mistake. He'd be kicked
out and down the dump: he would for a
fact."
Some persons, while opposed to the bill
for Its Inspection provisions, regret to
seo It kicked out, because the "bureau
and the J20.000 appropriation will die with
It
Another complaint was that the "board
cf govcrnorb" would have had the power
not only of making rules and regula
tions for management of mines, but of
punishing persons who did not obey those
regulations.
"The bill." wrote an attorney of Baker
City, "would place In the governing board
authority, that the Czar of Russia might
envy. It is not at all consonant with the
spirit of American institutions. It is a
stunner to the average lawyer."
Another objection was that the bill put
no limit to the number of men whom the
board might employ or the amount of
money the board might expend. The ene
mies of' the bill alleged further that It
was rushed through both houses of the
Legislature without proper consideration
of its provisions and that Senatqrial poli
tics entered Into Its passage. TTiis bill,
said a petition to the Governor, "will
greatly retard the development of our
mining Industries and will prove a great
hindrance to Investment of foreign capital
in the mining Industries of this state."
"The bill was an outrage." said J. H
Flsk last night "It was railroaded
through the Legislature at such speed
that few members knew what they were
voting for. The Senatorial question was
mixed up in It. too. Senator Booth at
first was opposed to the bill, but when he
saw defeat was likely to lose a vote for
Fulton, he swerved around for the meas
ure." "
The Chamber of Commerce addressed
the following communication to Governor
George E. Chamberlain yesterday morn
ing: "Portland Chamber of Commerce re
spectfully urges veto of Senate, bill 237.
as It will retard and not assist the de
velopment of the mineral resources of the
state. R. LIVINGSTONE,
"President Chamber of Commerce."
The principal objection to the bill Is a
provision for the establishment of a State
Mining Board, also an Inspector of mines.
This, the Chamber thinks, would only
serve to retard development of mining
properties, as well as keep outside capi
tal from Investing In this state.
The Chamber of Commerce favors the
establishment of a state museum, where
Information regarding the mineral wealth
of the state would be available, but con
eiders the mining interests of Oregon are
as yet too young to be subjected to the
provisions of this bill.
County Judge Webster does not think
Governor Chamberlain was on tenable
ground In vetoing the Legislative bill
which authorized the County Court of
Multnomah to refund the indebtedness of
the county. "Personally I am not con
cerned by the veto," said Judge Webster
yesterday, "but officially I am sure the
act would have been well for the county."
Judge Webster was averse to express
ing an opinion in the matter, but when
closely questioned he uttered the forego
ing sentiment "The .act would certainly
have saved money to the county," he
added.
"As much as $10,000 a year?" was
asked.
"Perhaps not so 'much as that but the
saving would havd been worth while. It
might have amounted to J6004 or JSOOO or
more a year."
The Judge did not see that the Gov
ernor's argument was tenable In any of
Its points. The Governor put his nega
tive to the bill chiefly for three reasons:
That tho proposed Issuance of bonds
would be unconstitutional In the face of
the provision in the organic law of the
state limiting the Indebtedness of each
county to $3000; that the act would "en
tall much endless litigation": and that to
exempt the bonds from taxation as the
act proposed to do would not be proper.
"The Supreme Court of Oregon," sold
Judge Webster, "has 'already decided that
an Indebtedness of a county in excess of
$3000 is not unconstitutional when It has
been Incurred In performing functions that
are required by law."
The speaker said that as Circuit Judge
of the First Judicial District he had de
cided that the $3000 limitation did apply
In a dispute at law between Grant and
Lake Counties, but that the Supreme
Court had reversed him on the ground
heretofore mentioned.
"Might not a county constitutionally go
beyond the $3000 limit Judge Webster
was asked, "when absolutely necessary
to do so In order to maintain the effec
tiveness of the county government?1'
The' Judge replied that a county might
perhaps be 'upheld In doing this, but
added: "The whole question is largely a
matter of opinion. The courts are proper
places to settle the question."
The Judge did not see how the refund
ing bill would have "entailed much use
less litigation." The security of the bonds
would be the same as that of the pres
ent warrants. If the bonds would .have
been Invalid, the present warrants are In
valid. But everybody has confidence in
the warrants and so it would have been
with the bonds. If there would have been
any risk, that risk would have been "up
to" the purchasers, and they would have
assumed It voluntarily. Since the re
funding question has been mooted In the
newspapers. Inquiries have come from out
side Investors, indicating that the bonds
would have been taken up readily.
The present warrants are exempt from
taxation; hence, there would be nothing
anomalous or inequitable in exempting the
bonds. "So far as I know," remarked.
Judge Webster, "county warrants are
not taxed anywhere in the state. I was
going to say that they never had been
taxed, but perhaps this Is too sweeping an
1 assertion. Therefore I shall say that I
never heard or their being taxed."
If the refunding act had been success
ful in Multnomah, other counties would
undoubtedly have asked the Legislature
for a similar law. The Indebtedness of
Multnomah amounts to about $320,000 and
draws 6 per cent Interest The refunding
bonds would have drawn not over 1 per
cent Interest and would have run five
years.
"If Governor Chamberlain really wanted
something to veto." exclaimed a vehem
ent lawyer yesterday, "why didn't he
veto that County Auditor bill?"
The Inquirer was not a constitutional
lawyer no lawyer presumes to be that
but he was Just a common ordinary at
torney. "I know who drew up that law," re
sumed the gentleman. "It was Joe TeaL
Now, that law Is going to get the county
Into a peck of trouble soon or late. It
gives the Auditor the arbitrary power of
holding up any claim whatever against
thq county. Unless It meets his sanctified
approval the claimant must either forego
the pleasure of collecting or resort to liti
gation. Suppose a much-used bridge were
to be washed out ono of these nights.
Suppose the County Court ordered the
bridge replaced. Suppose the cost of re
storing the bridge amounted to $300. Sup
pose further that the Auditor had a
grudge against the contractor and wished
to work It out. He might keep that poor
contractor from getting the $500 until the
court ordered payment Or. suppose the
Auditor and the County Court were at
loggerheads. What a pretty kettle of fish
we might find ourselves In then? This
law will yet put the county In the situa
tion of being unable to pay unless sued,
no matter how willing It may be to pay."
The constitutionality or the act is a
serious question. The constitution re
quires that county business shall be trans
acted by the County Board or County
Court But the new law places In the
hands of the Auditor a veto on that busi
ness If the Auditor desires to exercise the
power. Such exercise of power would be
unconstitutional.
Governor Chamberlain was induced to
veto the "straight" ticket bill by petition
of about a score of prominent citizens of
Portland. These citizens were headed by
John Gill. "The bill was a valuable par
tisan measure." said Mr. Gill yesterday,
"but a wretched partisan shirt""
The bill provided that candidates should
be grouped by party Instead of being
thrown together on the ballot In alpha
betical order under the designation of
each office. By making one mark an
elector might have voted a straight party
ticket
"This bill." remarked Mr. Gill, "would
have destroyed the effectiveness of the
Australian ballot system. It would have
encouraged candidates to go on a ticket
who could not bear the tscrutlny of the
present system."
TEXT OF HOUSE BILL 3C3.
These ClnlniH Are Defeated by Gov.
crnor'a Action.
House Bill 363 made the following ap
propriations: For the payment to W. A. Storey of
amount of Judgment rendered In re
Stato vs. W. A. Storey In the Circuit
Court Multnomah County $ 20.00
rcyment to Thomas O'Day and L. 11.
Tarptey of the amount of Judgment
rendered In re State vs. J. S. Coop
er, administrator, et at. In the Cir
cuit Court. Multnomah County, Au
gust 13, 1(102 SOCIO
Tayinent to Thomas CTDay of the
costs In re State vs. I'ennoyer et at 15.00
Payment of the claim of Alex Orme
fo. expenses incurred In pursuit of
Francis Fltch, a fugitive from Jus
tice ; 112.00
rarmfnt of the claim of H. O. Mc
Carthy for expenses Incurred In
pursuit of Edgar A. Cooke, a fugi
tive from Justice 60.00
Payment of the claim of II. S. Moody
for expenses incurred in pursuit of
Edgar Gelsr, a fugitive from Jus
tice 23.05
Payment of the claim of F. L. Wash
burn for expenses Incurred as State
Biologist 0.05
Payment of the claim of Oeonce F.
Redgers for balance due for-binding
done for State Hoard of Agriculture
In years 1001 and 1903 57.20
Payment of claim of IJofer Bros, for
publishing summons In re State vs.
W. A. Daly, administrator 21.00
Repayment to Charles S. Moore of
money advanced for legal opinion
and advice upon the construction of
the Caref arid land grant 130.00
rarment of claim of Jacob Leidenger.
Jr.. for services as substitute guard
at the Oregon State Penitentiary,
in September. 1001 9.33
Payment of the claim of Thomas
l!rovn for services aa superintend
ent of Salmon River hatchery dur
ing months of June, July and Au-
gust 1S08 1SO.0O
Payment of claim of A. C Jennings
for services on committee to revise
the Journal of the House of Repre
sentatives of the Twenty-nrst Legis
lative Asrcmbly 4S.00
Payment of claim of F. A. Turner for
services on committee to revise the
Journal of the House of Representa
tives of the Twenty-first Legislative
Assembly 70.00
Purchase of lands around and about
the state monument at Ciiampoeg
and Improvement etc. thereof 500.00
Payment of expenses of general re
pairs. Improvements, etc.. of the
buildings and grounds of ths State
Board of Agriculture, to be expend
ed under the direction of the State
Board of Agriculture 5,000.00
Purchase of water pipe and payment
of the necessary expenses of laying,
connecting and Installing same to
and throughout the grounds and
buildings of the State Hoard of Ag
riculture, to be expended under di
rection of the State Board of Agri
culture v 5,000.00
Payment of claim of M. C Starr, cov
ering moneys expended by him In
defending the title to certain lands
sold him by the State Land Board. 340.00
Payment of claims of various coun
ties of the State of Oregon for two
thirds of the amount of the total
sum of county warrants Issued In
payment of scalp bounties, for
which appropriation made by Twenty-first
Legislative Assembly was In
sufficient, said claims having been
Incurred during the years 1001 and
1002 1 3J.TDS.C0
Payment of claim of F. W. Dlllard
for reward for arrest of Frank Law
rence Smith for robbing a person on
a railroad train. February 15. 1898.
near Rofeb-jrc. Or., said reward
being authorized by section 23S6 of
Bellinger and Cotton's Annotated
Codes and Statutes of Oregon 300.00
For payment of sundry claims for
services rendered and expenses In
curred In cursult of Harry Tracy
and David Merrill, convicts who es
caped from the Oregon State Peni
tentiary, June 0. 1903 1.0S3.71
Purchase by physician at the Oregon
State Penitentiary of an artificial
limb for J. Frank Ingram, or so
much of itald sum as may be neces
sary ., 100.OO
Section 2 appropriate $14,500 for an executive
mansion at Salem (the Cooke bouse).
Sec. 3. That the State Treasurer be and he
is hereby authorized and directed to credit on
the note of M. C Starr the sum of 1r.1t? ac
crued Interest, pending litigation concerning
the state's title to mortgaged property securing
said note.
Sec. 4. The State Land Board is hereby au
thorized and directed to refund to W. H.
Waldxon. from the common school principal
fund, the sum of $98. being the amount paid
by him for state lands which have been re
conveyed to the state.
The total amount In $82,013.
Would Xot Move On.
Because he refused to move on. Will
Edleman, a candyseller, was last night
arrested bv Pnllimn VT- rf or- f w -
leased upon handing over as ball all of
ins casn, wmcn amounted to ?4. The offi
cer says that the candysellers give them
no end of trouble by standing In front of
the theaters when a crowd Is coming In
or going out Their trays take up as
much room ns two people, and the street
Is alreadv rmxrrfAH Tha nm i.t
told Edleman to move on. but he talked
Daac in a way that the policeman did
not like. Only ,one course seemed open
to the peacemaker, and that was to take
the dispenser of sweets In charge and
make him answer to the court for his
headstrong ways.
Temple Beth, Israel.
Dr. Stenhen K VI. -in .
evenlne nn Slmnllrlfv t T.ittti-i. in
Dally Living, With Special Relerence to
Pastor Wagner's Plea ror The Simple
Life." Services begin at 8 o'clock and
stransrers am slirnva uri-nTT, Unn t
F. Caples will give on informal "talk" to
me pupns 01 tae religious school, Sunday
morning at 11:30 o'clock.
NO GUARDIAN FOR HER
CASE OF IICLDA M'COY, ALLEGED
SPENDTHRIFT, SETTLED.
Her Slater, Who Asked Court to Pre
vent Waste of Money on Yontb
ful Lover, Is Pacified.
The petition of Lois Stacher to have a
guardian appointed for her sister, Hulda
McCoy, whom she charged with being a
spendthrift, was set for hearing in" the
County Court yesterday morning, but was
continued by mutual consent
Mrs. McCoy was present In the court
room at the appointed hour, accompanied
by Attorney S. n. Harrington. Mrs.
Stacher was represented by District At
torney John Manning. George W. McCoy,
the rormer husband of Hulda McCoy, was
also In attendance, but William Shaver,
the young man upon whom Mrs. McCoy
Is said to have beep wasting her money,
was conspicuous by his absence:
The attorneys consulted with each
other concerning the case and afterwards
Informed Judge Webster 'that they would
endeavor to reach a settlement outside of
court. With this understanding an order
of Indefinite postponement of the hearing
was made by Judge Webster. Mrs. McCoy
is 41 years old. and Is the mother of five
children. One son is in Colorado and the
father has the custody of the others, ex
cept the youngest child, S years of age.
who lives with his mother. Mr. and Mrs.
McCoy have lived In Portland for a long
time and are well known.
SAYS HE WILL WIX.
Attorney Think 11 Multnomnh Connty
Will Be Awardccl Damages.
R. R. Dunlway, who has taken up the
cause or this county ror damages done tc
the Morrison-street bridge by the steam
ship Almond Branch, two years ago, says
he has a clear case.
"The present County Court in to be com
mended." said Mr. Dunlway yesterday,
"and the taxpayers are to be congratulat
ed, because the county has at last com
menced suit to recover the money the
county spent two years ago In repairing
the damage done the Morftson-street
bridge by tho careless navigation or the
big steamship Almond Branch. The bridge
Is lawfully In the river and Is erected In
accordance with the law. Is not an ob
struction to navigation. This Is demon
strated by the thousands of vessels, great
and small, that have nuccessfully passed
through the draw at all times or the
year and at all stages of the water with
out Injuring the bridge or vessels. Ves
sels Or) large as the Almond Branch have
passed and can pass through said bridge
at all times In safety, by simply observing
the ordinary precautions used In navigat
ing rivers. If the bridge waa not erected
according to law, the Government would
have removed It years ago. The cause of
the Almond Branch wrecking MorrLson
street bridge wae simply that the parties
Interested undertook to tow the large
vessel through the draw with a little
ton-boat, when the experience of rivermen
had demonstrated that two large towboats
should be Ured, and that with them the
passage could be made with case and
safety. It Is because of the groes care
lessness, negligence and parsimony of
thece, parties In charge of the vessel that
the bridge was damaged and the county
sueo these people to recover the damage
because of this negligence. It Is Idle ror
Mr. Poulsen, ex-County Commissioner
Mack and British Consul Laldlaw to com
plain In the press that Morrlcton-strcet
bridge is an obstruction to commerce.
when It was erected and maintained under
the law, and that the suit will Injure the
Port or Portland, because the racts show
that the largest vessels have and can sare
ty navigate our river through the bridges.
If they will exercise ordinary care. Care
less navigation la and should be rebuked
by requiring the negligent parties to mv
for the damage they cause. There Is no
good reason why the county should not be
reimbursed ror what It has lost through
the carelessness and negligence of nllot
towboat company and charterer or the
ship. The County Court has done well
by the port and taxpayers In bringing the
sun., xne suit win protect our bridges
and not harm our commerce."
The damages to the bridge cost th
county about $3600. The Oregon law pro-
wues uin any person in the control or
any steamboat or other water crart who
shall Intentionally or negligently conduct
or navigate the same so as to destroy or
injure me property of another, shall be
liable, with his employer,' In treble dam
ages for the property to Injured or de
stroyed. The suit has been ' brought
against the charterers of the Almond
Branch and the pilot and captain and
owners of the steamboat which had her in
tow. The suit was filed on the last day
allowed by the statute of limitations.
TO RECEIVE SENTENCE.
CastronoTO, Convicted of 3Ianalaugh
ter, Will Appeal From Verdict.
G. Ccstronovo, who killed Joseph Gug
Ilelmo. a saloonkeeper, last Christmas
Eve, will be sentenced on Saturday by
Judge Cleland. Castrcnovo was convicted
or manslaughter, the penalty for which Is
from one to 15 years.
Judse Cleland yesterday denied the mo
tion for a new trial, which was argued
about ten days ago. Several reasons were
advanced In support or the motion. One
was that the court erred In Instructing the
Jury that a verdict or either manslaughter,
murder in the second degree or murder in
the first degree could be rendered. Defend
ant's counsel argued that the evidence
supported nothing greater than a man
slaughter verdict It was either that or
acquittal, and it was urged that the Jury,
having received instructions as to the two
moro serious degrees of homicide, com
promised on manslaughter. The defend
nnt's attorney also argued that the In
structions prejudiced the jury, as the
court held out the Impression that Castro
novo was guilty of one of the three de
grees of murder. Another point made at
the time or the argument was that Dis
trict Attorney Manning asked questions
tending to show that Castronovo had a
bad record In' British Columbia, which
were Improper; and that a relative or
Gugliclmo acted as Interpreter.
Judge Cleland held that the trial was as
ralr as trials generally are and that the
rights of Castronovo were not Infringed
upon in anyway.
ATTORNEYS WIN FEE.
About the Only Loser Seems to Be
the Dead Man.
Judge Webster yesterday allowed the
claim of Attorneys Newton McCoy and
T. J. Cleeton against ths estate of Silas
Bennett, deceased, for $505. Bennett fell
through the Corbett-strcet bridge and was
killed. The Council to avoid a damage
suit effected a compromise for $2000. The
attorneys had an agreement with R, P.
Graham, the administrator or the estate,
lo be paid one-third or whatever amount
they succeeded In recovering, and this Is
the claim allowed by the County Court
Bennett's widow did not grieve over her
loss very long, but married another man
and moved away rrom Portland. The bal
ance of the money in the hands of the ad
ministrator will be distributed among the
legal heirs, which Includes the former
wife and her children.
HE WOULD NOT STOP.
Deputy Sheriffs Make Montague Halt
and Nosr He Sues for Damages,
Testimony was taken by Judge Cleland
yesterday In the suit of Attorney R. W.
Montague ajralr.st ex-Sheriff William Fra
iler for $1000 damages.
Last Summer Bicycle Tax Collectors L.
C Weir and D. D. Jackson stopped Mon
tague on Division street to ascertain If
he had a tag. Mr. Weir seized the bicycle
which (Montague was riding, and the ef
fect of the sudden halt was to throw Mon
tague violently to the ground. He testi
fied that he struck on his shoulder, and
was seriously Injured. Frailer was Sheriff
at the time and Is sued as the responsible
party, because Weir and Jackson had Dep
uty Sheriff's commissions-. Frailer says
Weir and Jackson were under orders from
the County Court, and that he cannot be
held liable ror their actions. The men
testified that Montague was thrown off
his wheel because he did not stop when
signalled to do so." Judge Cleland took
the motion under advisement
Did Not Stay Loner.
Thomas Hoffman has sued Emma Hoff
man for a divorce In the State Circuit
Court because of desertion. He states in
his complaint that they were married on
February 2S. 1K99. and that on December
15 following she left him, remaining away
five months. She then returned promising
to be a good wife, but soon became cross
and crabbed, deserting him again on June
26, 1X0. Honman says he endeavored to
make things pleasant for her, but all to
no purpose.
Court .Votes.
James Morris has sued Bessie V. Morris
for a divorce in the State Circuit Court
because of desertion.
Suit for a divorce ha3 been filed by
Fanny M. McFoeters against William Mc
Feetcrs, because of desertion- beginning
in June. 1501. They were married In IKS.
Charles Landreau. who stole an over
coat and umbrella from Hector Moumal,
pleaded guilty to simple larceny yesterday
and was sentenced to 13 days In the Coun
ty Jail.
. The Olympla Brewing Company has
filed suit against T. Barnes and the Col
umbia Ice & Fuel Company to recover
$331 balance due lor Ice sold and deliv
ered between November, 1901, and April
1902.
George Reynold was arraigned before
Judge Sears yesterday on a charge of
stealing two coats rrom Clarence L. Wil
liams. B. S. Pague was appointed at
torney to defend the prisoner who had no
money to employ counsel.
The Sheriff yesterday served papers in
n divorce suit filed In Clackamas County
by Carrie Copley against Thomas R. Cop
ley. Mrs. Copley In her complaint states
that while she was lying sick In her
mother's home, her husband abandoned
her. They were married three years ago.
NO CRY FOR REFERENDUM
Xlnety-Day -Period Will Expire on
Mny SI.
The SO-day period within which peti
tions may be filed with the Secretary or
State for rererendum on any enactment of
tho Legislature, will expire May 21. Th'ls.
far there has been no visible movement
to demind a referendum. Should a ref
erendum be demanded It is not unlikely
that the validity of the initiative and
referendum will be tested In the courts.
The constitutionality of that amendment
is seriously In question because the
amendment was proposed In the Legisla
ture of 1599, when other amendments were
pending.
However, suggestions have been heard
since the Legislature adjourned thit the
Initiative and referendum might be em
ployed. "What's the use of having that
amendment" asked a man yesterday, "if
we are afraid that we'll get It knocked
out by using It?"
The act which has been most threat
ened by the rererendum Is the Lewis and
Clark appropriation. Less than 410 elec
tors, by signing a petition, may require
a referendum. The hostility against that
I appropriation comes largely from persons
wno ocneve me legislature aiu not enact
sufficient legislation for taxation of cor
porations. Mmy or these persons cite
that had the Harris or Davey bill passed
for taxation or Intangible property ot
corporations, they would not oppose tho
appropriation. They say the $300,000 was
advocated by the people on condition that
corporations bear a larger share ot taxa
tion. The Legislature did, however, enact bills
to impose greater taxes' on corporations.
Ono of these was the Eddy bill for a
graded tax on corporations according to
capitalization. This law will raise not
less than $100,000 per yeir. Another bill
which was enacted was that or Malarkey
for taxation or legacies and Inheritances.
There has been some talk or reviving
either the Harris' or the Davey bill by
the initiative. A measure may be sub
mitted to the people. Independently or the
Legislature, on petition or about "000 elec
tors. To become a Inw such a measure
must receive a majority or the votes cast
BIG BRICK BUILDING.
Jennings & Co. Will Erect a Two.
Story Structure on Washington.
The small frame structure at the
southeast corner of Seventh and Wash
ington streets will soon be entirely re
modeled according to the plans of Jen
nings & Co.. who have leased the prop
erty for five years. A two-story brick
building Is to be erected on Seventh
street, taking the place of a two-story
house now on thb ground.
The corner, which Includes 100x100 feet
of ground, was leased under a $43,000 bond
and Is soon to present a new appearance.
The tenants will receive notice to vacate
and the contract for the alterations will
be let in a few days. The buildings will
not be torn down, but are to be raised and
built further back Into the block. The
brick structure Is to cover 40x100 feet and
will race Seventh street Small stores
will occupy most or the space on both
streets: while a saloon or cigar store
will probably be put into the corner.
Clerk of Tollce Court Holibed.
Not .bold enough to attempt to hold up
an officer on his beat, robbers last night
came as near to this bold act as they
dared, and selected Fred Olsen. Clerk of
the Police Court as their victim. They
did not even hold him up, but they en
tered his house while he was gone to the
theater and stole several valuable arti
cles. His wife's watch, a valuable badge
and about $5 in money was missed, and
there was abundant evidence at hand to
show that burglars had been In the house.
Dr. Curry an Author.
PORTLAND. Feb. 26. To the Editor.)
Tour kindly review in today's paper or
Dr. J. L. M. Curry, who died recently at
Ashevllle, N, C, Is scarcely completa
without mentioning the books which he
wrote. He was the author or a history
or parliamentary government In Spain,
which discharges In some measure our
Woman's
Nature
Mother's Friend, by its penetrating and soothing properties,
allays nausea, nervousness, and all unpleasant feelings, and
so prepares tne system ior tne
ordeal that she passes through
the event safely and with but
little suffering, as numbers
have testified and said, "it is
worth its weight in gold." $1.00 per
bottle of druggists. Book containing
valuable information mailed free.
THE BRADflELD REGULATOR CO., Atlanta, Co.
BLOOD HUMOURS
Skin Humours, Scalp Humours,
Hair Humours,
Wfieifisr Simple Scrofulous or
Hereditary
Speedily Cured by Guticura
Soap, Ointment and Pills,
When All Other Remedies and
Best Physicians Fail.
COMPLETE TREATMENT, $1.00.
In the treatment of torturing, disflg
uring, Itching, scaly, crusted, pimply,
blotchy and scrofulous humours of tho
sTdn, scalp and blood, with loss of hair,
Cutlcura Soap, Ointment and Pills have
been wonderfully successful. Even
the most obstinate of constitutional hu
mours, such as bad blood, scrofula, in
herited and contagious humours, with
loss of hair, glandular swellings, ulcer
ous patches m the throat and mouth,
sore eye, copper-colored blotches, as
well as boils, carbuncles, scurvy, sties,
ulcers and sores arising from an Im
pure or impoverished condition of tho
blood, yield to the Cutlcura Treatment,
when all other remedies and methods
fail.
And greater still, if possible, is tho
wonderful record of cures of torturing,
disfiguring humours among infants and
children. The suffering which Cutl
cura Soap and Ointment have alleviated
among the young, and the comfort
they have afforded worn-out and wor
ried parents, have led to their adoption
In countless homes as priceless cura
tives for the skin and blood. Infantilo
and birth humours, milk crust, scall
head, eczema, rashes and every form of
Itching, scaly, pimply skin and scalp
humours, with loss of hair, of infancy
and childhood, arc speedily, perma
nently and economically cured when
all other remedies suitable for children,
and even the best phvsicians, fail.
debt to that country for De Tocqulvllle's
"Democracy In America." and a book
dealing with his connection with the Con
federate government as Congressman and
soldier. This litter publication I find In
the Portland Public Library.
Dr. Curry was also agent for the Pea
body educational fund, and established
many schools In the larger towns In the
South'. During his residence at Madrid
he obtained from the Spanish government
some valuable concessions for American
commerce. L. A. C.
Honor Memory of Altrnm S. Ilcvrlft.
NEW YORK. Feb. 26. That the ambi
tion of many wealthy friends of Abram
S. Hewitt to honor his memory has taken
shape was disclosed today by Mayor Low
when he announced that J. P. Morgan
had subscribed $25,000. William E. Dodga
$13,000 and Andrew Carnegie $50,000 to a
fund or $500,000 to be known as the "Abram
S. Hewitt endowment or the Cooper
Union."
BUSINESS ITEMS.
If Baby la Cntttnir Teeth,
Be sure and use that old and well-tried remedy.
Mrs. Wlnslow's Soothlns Syrup, for children
teething". It soothes the child, softens the turns,
allays all pain, cures wind colic and diarrhoea.
: Enjoyment
j Half
I Lost
When you do not see and know
about the points of interest
when traveling. That's why
.we have conductors on our
through, personally conducted
Pullman tourist sleeping car
excursions to St. Louis and
Memphis to tell you about
them. Entire trip without
change of car. For particulars
ask
C. W. STINGER,
City Ticket Agent
O. It & Co.
J Third Portland.
a and Washington
9 Streets.
Is to love children, and no
home can be completely
happy without them, yet the
ordeal through which the ex
pectant mother must pass usually is
so full of suffering, danger and fear
that she looks forward to the critical
hour with aoDrehension and drearl-
Mother's
Friend