10 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