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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 3, 1903)
10 THE MORNING OREGONIAN, FRIDAY, JULY 3, 1903. WONTBETIED DOWN Other Fuel Than Slabwood for Port of Portland. OMLY TAKES WHAT IT WANTS Clerk Stevens Hands ia His Reslaaa tiea Ellis G. HBKkcs' Hig-a Price tor St. Johns The opening and discussion of bids took up most of the time of the Port of Port land Commissioners at their special meeting- yesterday. The subjects considered were fuel, piling for the drydock site, printing of bonds and a new runner for the pump on the dredge Portland. The question of supplying -fuel for the .dredges was first taken up. Only one bid was received, that of E. H. Habighorst, who offered to supply slabwood at $1.65 a cord for one year, or $1.S0 for two years. The Banfleld-Veysey Fuel Company did not put in a bid, .Mr. Banfleld writing that he had made an arrangement formerly with Mr.' Habighorst to supply the latter with fuel, end did not care to offer an opposing bid. The Habighorst bid was accepted, the board giving it to be under stood that it would not bind itself to use any slabwood If a more suitable fuel could be found. "With regard to supplying piling for the drydock berth, Engineer Lockwood rec ommended that the bid of Robert Wake field of $39,872 be accepted as being the lowest, but Commissioner Thomas thought It best to let the matter go over until the question of the cite Is entirely settled. Only two bids were received for furnish ing a runner for the 20-lnch pump. Smith Brothers & "Watson bid 5492 and the Col umbia Engineering Works 390. There was such a wide range between the two bids that the board lost no time in accept ing the latter. Three printing firms sent in proposals for supplying bonds. Anderson & Dunl way offered to furnish 400 drydock bonds for $122.50 and 300 refunding bonds for $95. The Multnomah Printing Company bid $137.50 on the drydock bonds and $S0 on the refunding bonds. The figures of the C. H. Crocker Company were: Drydock bonds, $150; refunding bonds, $80. There was more or less talk about a combina tion among the printers, and the board thought it had found a way of stirring up competition, until Mr. Willis discovered that the total amount of the first two bids was the same. Mr. Thomas suggest ed that the matter of letting the contract be put Into the bands of a committee of one. and President Swigert promptly ap pointed him to the place. Captain Groves, superintendent of dredges, put In a requisition for a number of articles -needed on the two dredges and tender. Orders were given for the purchase of. 24 rubber sleeves, 2000 feet of wire cable and a cast-Iron elbow. Cap-v tain Groves was also authorized to calk the main deck of the John McCraken and .provide for better ventilation of the hold. A letter from D. C Bush,, a farmer at X&due, was read complaining of dam age done to his property by mooring the dredge Columbia there while working at the Slaughters bar. Mr. Bush thought $300 would satisfy him. Captain Groves, however, said the dredge was moored there with the consent and approval of Mr. Bush, and that settled it, in the eyes of the Commissioners. The O. R. & N. Co.s request for dredg ing In front of Its boneyard was referred to Mr. Willis to obtain an opinion on the rights of the Port of Portland In the mat ter. The resignation of E. T. C. Stevens, clerk of the board, was then laid before the Commissioners. Mr. Stevens has served in this capacity since the first com mission was in office, but it was under stood when the present board was organ ized that the new members would have the appointing of the clerk. On motion of Mr. Thomas, seconded by Mr. Drlscoll, the resignation was accepted, to take effect July 3L Mr. Thomas suggested that a successor to the clerk be elected, so he could have a month's time in which to learn the ropes. Mr. Willis vigorously opposed the Idea, thinking the new clerk should acquaint himself with' his duties and not be paid to learn them. No names were mentioned, but it is understood that the new clerk will be Daniel J. Maher, at present bookkeeper in Drlscoll & O'Don nell's. Mr. Willis, who had been delegated to see Ellis G. Hughes about the price want ed for 15 acres adjoining the drydock site, reported that Mr. Hughes asked $15,000 for the land. There was some disposition to call the matter off then and there, but It was finally decided to postpone action until the next meeting. Resolutions of sympathy with Engineer Lockwood on the death of his .wife were then adopted, and the board adjourned to meet again next Thursday. REJECTS THEIR, APPLICATION. Sailor BoardiBg-Honse Commission Refases Smith, and White License. "Mysterious" Billy Smith and W. H. White, through their attorney, W. T. Hume, yesterday appeared before the Sailor Boarding-House Commission and made application for a license to conduct a sailor boarding-house in this city. The Board decided that for the present no more licenses would be issued, and the application was rejected accordingly. Mr. Mears was not in attendance at the meeting, but notified the other -members of his approval of the decision to issue no more licenses at present. Mr. Hume made a very earnest plea for his clients. stating that they were as much entitled to a license as Sullivan & Grant, the parties now handling the business. He stated that the action of the Board in withholding a license gave the men who nad one a monopoly of the traffic, and lor that reason he believed the law was unconstitutional; but he had no desire to test It If he could get his "clients into business by any other method. The qualifications of the applicants were not considered by the Board, and they were rejected simply because the ex perience of the past has shown that the fewer people there are in the business the better it is for the shins. No com plaints have been heard since the new law went Into effect, and until some trouble comes up the Board will prob ably decline to issue any more licenses. This la the dull season in shipping and the advantages and disadvantages of the new law cannot be fully recognized until there is more activity along the front. CENTENNIAL COMES FOR WHEAT. Steamer Will Carry Tito Thensan i-OHii to &an .Francisco. People on the water front were taken by surprise yesterday when it was an nounced that the steamer Centennial had arrived at Astoria from Seattle. The Centennial was one of the first of this season's fleet to reach Nome, and It was supposed she would continue in that busi ness ior the rest of the Summer. She is cumins nere io joaa a cargo or wneat ior San Francisco, and It is understood will take down about 2000 tons. Kerr, Glfford & Co. are the charterers. The Centen nial is an- old-timer and has sees much service on this Coast. She was prominent during the Klondike rush and since then has Jobbed around, getting a share of the Alaska business each Summer. She haa undergone several changes of name. being formely known as the Delta and later as the Takasago M&ru. The movement of wheat to California just now is as good as the foreign move ment. The steamer South Portland, which- sailed from Astoria for San Pedro last night, carried out 1100 tons of wheat loaded here by the Gordon Company. COMES BACK CRIPPLED. Steamer Portland Fays the Penalty for Racing Tkreaa-k the Ice. SEATTLE. July 1 In an unsuccessful effort to drive herself through the Ice floes of Behrlng Sea in time to beat the other vessels of the fleet to Nome, and thus earn - the honor of being the first arrival of the season, the steamer Port land suffered a severe injury to her hull forward, and is now returning to Seat tle In a crippled condition. Just how se rious the injury Is cannot be learned, and will probably not be known here un til she returns, which she should do within a day or two. Will Discontinue Snbsldy. X.ONDON, July 2. During the discus sion of the navy estimates in the House of Commons today Mr. Arnold-Forstler, Secretary of the Admiralty, announced that the Admiralty did not Intend to re new the existing subsidies for merchant ships whlcn may be used In time of war, and -that notice should be given until April next that the contracts would ter minate a year from that date. Many ships of the International Mercantile Company will be affected by this deci sion. Italian Steamer Greasa. MARSEILLES, July 2. The Italian steamer Venezuela, from Genoa, ground ed In a fog today off Painter Island, nine miles southwest of here. Her 70 passen gers have been landed and tugs have gone to the assistance of the steamer. Marine "Notes. The British ship Saxon, "with a full general cargo from Antwerp, will arrive up today. The barkentlne Chehalls has cleared for San Francisco with 800,000 feet of lumber, loaded at the North Pacific mill. The steamer Hassalo has been repaired, after her collision with the Astoria wharf, and will go on her regular run tonight. The steamship Eva made a good run down the river. She left hero at 7 yes terday morning, reached Astoria at 3 In the afternoon and left out at E:t5. The British ship Rhuddlan Castle ar rived at Astoria In ballast from San Francisco yesterday. She made the run up the Coast In 16 days. The ship is chartered by T. M. Stevens & Co. to load wheat for Algoa Bay. Domestic and Forclg-a Port. isrrmTA. Julv 2. Arrived down at 6 A M. Barkentlne Quickstep. Left up at 7 A M. British chip Saxon. Arrived at 10:30 A. M. British ship Rhuddlan Castle, from Ban Fran cisco. Balled at 10:30 Steamer Elmore and steamer Vosburtr for Tillamook. Arrived down at 3 P. M. German steamer Eva. Ar rived at 3 P. H. and left up at 6 Steamer Centennial, from Seattle. Sailed at o:so a. M. Steamer Geo. W. Elder, for Baa Fran icn rvniMtian of the bar at S P. H.. emootb: -wind, northwest: weather, cloudy. Sailed at 5:45 P. M. Steamer Eva, tor ran Anaur; steamer South Portland, for Port Los Angeles. San Francisco. July 2. Sailed at noon Steamer Columbia, for Portland. Arrived steamer "W. H. Krugrer, from Dutch Harbor; vhnnnpr Orient from WHl&na Harbor. Sailed RMn TicniftmJn 5 Packard, for Port Town- seed; steamer Chlco. for Bandonj bark Charm er, for Port Townsend; steamer Eaitn, ior Seattle; steamer Concord, for Seattle. New York. July 2. Sailed La Savole, for Havre: Deutschland, for Hamburg; Bar- barorsa, for Bremen. Glasgow. July 2. Arrived Anchorta, rrom New York. T.lnnvwl Arrltfftd Julv 1. Majestic. ftOm New York; Frlesland, from Philadelphia; Ken sington, from Montreal. Glasgow Arrived Julr 1. Sarmatlan, from Boston. Naples, July 2. Arrived Koenlren Albert, from New York, for Genoa. Tacoma, July 2. Arrived Steamer Montarax, from San Francisco. Sailed Steamer Macki naw, for San Francisco. Marseilles Arrived July 1. Pale Ling;, rrom Portland, Or., via Hon? Konr, etc, for Liver pool. Tiinn Julv ?. Arrived Lancas:crlan. from Boston. Sailed SeraphU from Hamburg, for Seattle. Seattle Arrived Julr 1. Steamer Humboldt, froc Skagway; steamer George Loomls, from San Francisco. Arrived July 2 Steamer Bertha, from Valdes; steamer St. Paul, rrom Nome: steamer James Dollar, from Nome; steamer Roanoke, from Nome; steamer Far allon. from. Skagway. Sailed Steamer Cen tennial, for Portland. WHITE HORSE A HOODOO T. A. Garner Says He Paid ior One He Didn't Get. After selling a white horse to T. A. Garner for $20, M. Hechtman took horee, money and all. At least this is the story of Garner and he has entered suit In Justice Reld's court to replevin the horse. Hechtman has a shrewd eye for busi ness. Garner has an eye for business, but he could not compete with his adversary In a horse trade. Hechtman was leading the horse, when he was met by Garner, who at once offered to buy. "I will sell him for $20," said Hechtman, whereupon, according to testimony of witnesses that will appear for Garner, the money was paid over, and he started to lead the horse away. "Hold on," cried the seller, as he real ized that he had got the worst of the bargain. I was only In fun. I will not sell the horse for that price." "But the sale is done," said the fortu nate purchaser. "You have the money and I have the horse eo what can you do about It?" This was not to the satisfaction of the .owner of the white animal, and the two were soon engaged In a bitter quarrel as to the ethics of horse trading. An offi cer of the law happened along about that time, and declared that he would settle the. dispute. "Come "with me to the police station," said the officer, "and we will have It set tled. "We wjll find out to whom the horse belongs." The two were led to the station, and the matter laid before the captain on watch. "He never paid me a cent,"" argued Hecht man. "I paid him $20," said the man who had purchased the horee. "I came directly to the station with the officer," said the accused. "I have not been out of hl3 sight since the bargain was made. Now you can search me and see If I have $20 about my person." This seemed fair, and the search was made, but no $20 was revealed, and the captain decided that there was something wrong and that Hechtman still owned the horee. Garner was not hatisfled with the justice dispensed to him and will make a try for his rights In the Justice Court. "I have good witnesses that saw me pay over the money," said he, "and I have a ngnt to the horse." i LISTEN TO THE BAND. Programme Which. Will Be Ren dered at Plaxa Tonight. Tonight at 8 o'clock Brown's Park band will render the following pro gramme in we .fiaza mock: March, "Hall to the Spirit of Lib erty Sousa Waltz, "Artist's Life" Strausa Overture, "Semlramlde" Rceslni .rairoi, American Meacham Medley of popular songs ...O'Hare .neiaxauon oi ten minutes. National anthem. "America" - (a) Summer Idyll, "Hiawatha" Moret (b) March Comlque, "Eppler's Whlsk- . era" , Hacker Scenes from "The Burgomaster... .Lueders Characteristic, "Pan-American". ..Herbert xwo-step a ia Japanese, "Three Little Maids" TTsfriM Doxologv, "Star-Spangled Banner" .... (jnariee Li. ttrown, Conductor. Oregon Kidney Teaejiralnatea all impar ities. It la a perfect Hiring? medicine. TEN YEARS OF HUSTLING PENN MUTUAL AGENTS OBSERVE ANNIVERSARY. Celebration Is Close With. Beat Ride Vr the Columbia River .and Banquet. About 30 agents of the Penn Mutual Life Insurance" Company gathered at the Hotel Portland last night and closed the celebration of the tenth anniversary of 'the establishment ot the North. Pacific department, with an elaborate banquet. This celebration, which lasted for two days, was attended by all the agents In Oregon, Washington and Idaho. Sher man & Harmon, the general agents in this city, are In charge of the whole de partment, which has been in their hands since it was opened on July 1, 1S93. The agents, accompanied by their wives, took a boat ride on the Columbia River yes terday, going up as far as Cascade Locks. At the festal board last night, J. W. Mathena, executive -manager of the de partment, officiated as toastmaster, some of the speakers being G. K. Johnson, A. D. Berger, of Lakevlew; Professor H. L. Boardman, of McMlnnvllle; W. A. Campbell. Profesor W. A. Brlstow, of Pendleton; George A. Brown and Arthur Keetclr. Dr. Henry Waldo Coe, medical referee, was absent in North Dakota, but sent the following response to - the toast, "Sherman & Harmon, General Agents and Their Field," which was read to the ban queters by C. W. Gould: The occasion of the nresit mrvm Ant on In which Messrs. Sherman and Harmon have mv most heartfelt congratulations, and this sen timent I wish to extend to cover every faith ful ofneer and employe who has had to do with this field, whether In tne office at Phil adelphia, here In Portlanc. or s:tuated any where In the field of this North Pacific De partment of the Penn Mutual Life Insurance At a moment like this, it ! mrmittw! to be personal In our remark, fn- thr ie seldom ever any harm done when the mem bers or a ramlly get together In saying some thing nice about each other, and we may, therefore, be pardoned at this time for . pressing pleasant things about the heads of this branch of the great family. Messrs. Sher man and Harmon, managers In this .region of the old company In which we all have such & vital Interest. To meet In concourse with those who hold faith in the old Quaker company Is to Join with those who are the verr salt of the earth! AVe have numerous good life Insurance com panies, but some are better than others, and there are many people who say that the Penn Mutual Is the best of all. It Is said that the life Insurance companies have agreed not to make any mere comparisons, but that will not prevent policyholders from expressing their views. We can certainly say that there Is no company better than the Penn Mutual and hurt me reelings of no one. The world Is full of good life Insurance agents, both general, special and local, but twor men who are cleaner, brighter, more active and honorable than Messrs. Sherman and Harmon cannot be found. inougn we nunt this whole world over. A man s calling should be estimated bv the good which It does lis patrons. I would bo untrue to my own profession If I should fall, in this connection, to say that medicine stands first In usefulness to the race among the pro fessions, but following It closely I place tho aiocatioh or profession of the llfo Insurance agent. It may not look well, so aulcklr fol lowing this laudation of medicine as a useful calling, to say that one of our duties Is found In the house of the dead Immediately following we Dest worlc that we sometimes are able to give. Death comes, however, and every source of solace Is welcomed by the doctor who Is ex plaining to his disappointed constituency that tne win or God cannot be overcome, or he probably would have saved his patient, and at tention is called to the splendid policy of life Insurance which now becomes payable. I am sure that my own experience In ths days when I was In general practice Is quite In line with the experience of every other phy sician, in having noted that the most consoling feature la the home of the dead father Is that he died possessing a policy. How often have we heard It said that "Will iam was a thoughtful man: he looked Into the future and knowing that ready money might be needed at the time of his death, had taken a goodly amount of life Insurance, which now saves his property and leaves his poor widow and children well provided for." Or again. yvnat a rar-seelng man John was to Drovlde for his family by such- a splendid policy I" As an examiner, I have known In a great majority of these cases which have come under my own observation that It was neither Will iam's thoughtfulness nor John's foresight which led them to Insure, but It was the tire lets and persistent efforts of some life Insur ance agent after weeks and months of effort which finally led these men Into taking the& policies, because William and John had be come tired of a contest which otherwise ap peared both desperate and unending. After having once taken their policies and experi encing the relief which comes to any one who. leeis nis responsioiiity ror tne care or a fam ily, and who begins to lean upon his Insur ance policy for what It will bring In time of distress, these men, viewing the subject from within tht fold, bad been glad, and deserved great credit for having kept up their payments, but without the persistent efforts of these life insurance agents, these policies would never In many cases have been taken out, nor would their Insurance, as days went on, have been increased. . Although his name was never men tioned at the funeral and no thought was ever given him when the estate was being settled, the real Samaritan who was binding up the family wounds In time of trouble was be who In an earlier day had crowded tho first policy of life Insurance upon the' now deceased, who doubtless then thought himself to be a hunted victim. Havtnr witnessed both ends of this tragic comedy; having seen the unwilling candidate led Into the examiner's office, because he was unable to escape, and having noted the splen did outcome In later years when death came, has led me to the belief which I have al ready expressed, that the calling of the life Insurance agent should be placed very high on the calendar of honor; and I am glad at this time to have been allotted a place In these festive moments, amidst a class, and such a large number of these people who are spread ing the gospel of life Insurance throughout the 'world. Conservative methods conserva tively stated, have always been characteristic of the Penn Mutual. Leaving to others. If they may desire It, the bombastic methods of the boomer, the dispassionate assurances of what It has done and will do, has gathered Into the Penn Mutual household a pollcyboldlng constituency of conservative Insurance Invest ors not easily shaken by the weird dreams of opposition or torn loose by the passing finan cial storms of the Individual or of the coun try, and I feel It a great honor to be asso ciated with the class of men who make up the patrons or this company. The wonderful growth of the business of Sherman and Har mon, carrying on their books over $8,000,000 of Insurance In force, which makes theirs the largest life Insurance agency In Portland, is an unanswerable argument that straightforward business methods and the plain statements of an honorable company can attain success even under very unfavorable local circum stances. I remember distinctly when these gentle men opened the Penn Mutual agency In this city. At the time they came Into this coun try the exploiting of new enterprises, the plac ing of new agencies and the establishment of new business plans were extremely difficult. The people here are conservative to a fault and -were even more cautious ten years ago than today, and every new man was then Viewed with either Indifference or suspicion. Having my own office In the same building, I had an opportunity ct witnessing the fact that there was plenty of trouble for our neWcomer. .Sherman and Harmon had no easy task 'befor them. The Penn Mutual was not well known on this coast, and these gentlemen were strang ers in a strange land. - The other agents bad not been holding their breath awaiting their arrival, and the public had not sent out an appeal of suffering be cause the Penn Mutuahad not been doing bus iness here. The agencies already established did not know the character of the men who had joined their fortunes with the coast and ths general public was unaware of what it was losing through the absence of work In this reflon for the Penn Mutual. Matters started on rather slowly. A painful period of education had to be gone through, and. to make matters worse, a panic appeared, which most of us remember. Several newer agencies closed dowa and the agent, like an Arab, foled his tent and la some cases even departed i'uring the shades of night for older and better-known fields. Sherman and Harmon not only settled with their specials and paid their other bills at their new home and In the office of the company, but also remained In the field and worked day and night In 'the diffi cult task which they had undertaken regard lees of hew unpromising the passing months appeared. I bad krown the Penn Mutual well years be fore, having begun examining for them nearly a quarter of a century ago. I knew the meth ods of the company and the class of agents they employed. I knew the difficulties to be en countered on the North Pacific Coast, and X felt certain that not only -was the Penn Mutual a. company pre-eminently fitted for the con servative tendencies of the people here, but as soon St I had become thoroughly acquainted with them, I knew that Sherman and Harmon were the very men to put the company In touch with our people. Being chief examiner and referee, I was brought dully In contact with these gentlemen, and became Intimately acquainted with them, and at this moment I take same credit to my self, for having foreseen and declared to these gentlemen the fortuitous events of these later days and the present prosperous condition of their agency, which In the earlier times I de clared to them and ofttlmes reiterated. I felt that their success was a certainty and that In spite of the discouraging features Incident to this field, and the better opposition on the part of certain rivals, old and new, that they would, by the conservative course which they were pursuing. In due time, make their agency one of the most popular In this whole country. At this time, therefore. I feel lice reminding these gentlemen that there are still prophets In the land and suggest to you all that If you have any prophecies at this time which you wish to have declared. If you will bring them to us, we will treat them fatny. I have ever been an easy mark to the life Insurance agent, and when I die. there will be some ! the William and, John talk over my remains, but of a dozen policies which I have, tome, thank fortune, paid up, tha three policies which I hold In the Penn and the $15,000 which they represent stand at the very head of the list. Al though X have for some years been obliged, on account of pressure of other work, to de cline to make further examinations for the com pany, one of the moot pleasant spots In my memory of a former general practice Is the recollection of the harmonious relations en joyed and the personal consideration and moral support which I received In my own work from the medical department of the home office and the loyal support of Jocal medical men In the field. I cannot close without expressing my belief that the character of the medical men In the home office Is one of the most valuable assets of the company, and I congratulate The medical examiners of this field, most of whom, as referee. I have had the honor of endorsing for appointment to the company, upon being associated with men of the breadth of mind and character as such as arc found In their superiors In the Philadelphia office of this' company. I congratulate the company upon the grand worlc this agency has done In the past ten years, and the officers from the home office who are present at this meeting can carry back the news as to the class ot men In the field who, are the- bone and sinew ot this general agency. -2 congratulate the local and special agents who are so fortunately connected with this company, whfch' In the life ot over half a century has never done a dishonorable thing. I congratulate Charles W. "Sherman - and Edward L. Harmon upon the events which have developed out of trials and tribulations through business foresight and by dauntless energy and tireless efforts, to the present moment of triumph for them, a degree of triumph which better than anything elesmarks the caliber of these men, and adds luster to the fame of the company which they have so wisely served. As the festivities neared their close H. L. Slzer. the Seattle general agent, in a neat speech on behalf of the assembled agents; presented Messrs. Sherman and Harmon with a handsome loving cup of sterling' Hilver with the following Inscrip tion: "Presented to Sherman and Harmon, general agents, by the agents of North Pacific Department of Penn Mutual Life Insurance Company, Portland, Or., July 2, 1S03." BATTLE ON THE FOURTH Mimic Warfare Will Be Waged for DeBt:it -of. Hesnner SuAerer, The sham baUle to be given on the af ternoon of July 4 at Irvington track for the benefit of the Heppricr sufferers will be characterixed by the participation of some of the best military strategists in the Northwest. In all respects save that of wounding and killing the enemy, the af fair will be Identical with a scene from a military campaign. The regulars from Vancouver Barracks, fresh from the Phil ippine Islands, will lend whatever of real ism appears to be lacking, for they have just been through a hard-fought campaign and will move, throughout the maneuvers, with the same degree of earnestness that characterized their operations against the Filipino Insurgents. The National Guards men, many of them enjoying the advan tage of military experience, will carry out a programme that cannot fall to bo of interest. The sham battle given by the Spunlsh Amerlcan War Veterans a few weeks ago was attended by several thousand persons who greatly enjoyed the exhibition of tho fighting men. There is something fasci nating about the maneuvers of troops that attracts attention and keeps the spectator keyed up to a high pitch of excitement. It Is probably due to this fact that past? exhibitions of this character havo been so well attended. Tho committee in charge of the Fourth of July affair believes that tho stoiy of the Spanish-American War Veterans.' success will be repeated at Irv ington track. The Ladles' Auxiliary to tho Spanish American. War Veterans' organization will serve refreshments and a light lunch eon at the grounds on the Fourth, and those who become hungry will be provided with one of the beet short luncheons that could be served in the city. The sham battle committee met last evening and concluded arrangements for the entertainment. It has been promised that there will be adequate police protec tion to Insure the success of the efforts to keep the crowd off the tracks and to allow the troops room enough to maneuver. In addition those who take seats in the grandstand will be protected from a rush of other spectators to points of vantage. For tnat matter, though, there Is not a single position In the paddock that does not give a clear view of the entire field. The advantage of a grandstand seat Is that through the entire programme, which will continue during the afternoon, one can witness the events without wearying. REFUSES TO PAY NEW TAX Former Portland Paator Galas No toriety In Great Britain. LONDON, July 2. The first foreigners to Join the "passive resistance" movement against the educational act are two American taxpayers, living at Wlmbleton, the Rev. R. W. Farquhar, formerly pas tor of a church in Portland, Or., and B. P. Gaston, w;ho at one time lived in Chi cago. They have both refused to pay the education rate, and consequently their household goods will be seized 'and sold at auction to satisfy claims for a few shill ings. (Rev. R. W. Farquhar was pastor of the Hassalo-Street Congregational Church of Portland three, years ago. He came di rectly to this city from Scotland and-on leaving the church here returned to his native country. Some months after he was made pastor of the church at Wlmbleton.) Petition in Bankruptcy. A petition in bankruptcy was filed' in the United States District Court yester day by L. D. Daniel, a paperhanger .and dealer In wall paper and paints at Dallas. The' liabilities amount to 1667, and the assets 5445, of which property to the amount of $50, consisting of tools and. ap pliances of the trade, Is claimed as ex empt. Don't Lie Awake Nlgrkts. Horsford's Acid Phosphate taken just before retiring aulets the nerves, nourishes the body and Induces refreshing sleep. It supplies the needed brain and nerve food. CHILD CAUSES STRIFE STRUGGLE OF MOTHER. AND GRAND MOTHER FOR POSSESSION. Helen Steele, 4 Year Old, Is the Bone of Contention la a Lesral Conflict. Little Helen Steele, 4 years old, was brought before Judge Cleland yesterday afternoon ty her grandmother, Mrs. N. V. Steele, In response to a habeas corpus petition filed by the mother of the child, Mrs. Nellie Bowman. The" mother seeks to obtain possession of Helen, whom she asserts was unlawfully taken away from her last Summer. A. F. Flegel appeared as attorney for Mrs. Steele, and as a return to the habeas corpus writ submitted an order of the County Court of Clatsop County entered on August 13, 1902, appointing Mrs. N. V. Steele guardian of the child and requiring her to give a bond in the sum of $500. The order also states that the mother is unfit to have the custody of the child. . Oscar Steele, the father of Helen. Is dead, ana the mother, who Is now Mrs. Bowman, has recently been married again. The child Is the beneficiary un der an Insurance policy amounting to $1500, and an allowance of $10 per month Is made for her support. Mrs. Bowman had placed Helen In the keeping of her mother, Mrs. M. Eberman, at Seaside. Dan R. Murphy, attorney for Mrs. Bow man, after listening to the return made by Attorney Flegel, said: "Under this showing it appears that the mother of the child was never, served with any no tice of the proceeding in the Clatsop County Court. The mother Is the nat ural guardian of the child, and has a right to it unless she has had her day in court, and it has been taken from her for some good cause. She Is entitled to possession until there has-been a show ing made that "she Is not a proper per son. This Is a surprise to us; it Is like a thunder-clap out of a clear sky. Mrs. Bowman has been a resident of Clatsop County, except a little while when she was In Tillamook working. This is the first we even knew of the proceedings In the Clatsop County CourU The court cannot appoint a guardian unless a cita tion has been issued to the parent to appear and show cause why the child should not be taken from her. I desire time to bring witnesses here and try this question out. How the county court In Clatsop County undertook to appoint a guardian without notifying the mother I can't Imagine. The court had no Juris diction We want time to controvert these cfiarges and show the true state of facts." Mr. Murphy asked time until Tuesday. Attorney Flegel was of the opinion the case had been disposed of by the court in Clatsop County and cannot be opened up. Mr. Murphy wanter to know if some one could take his child from him in this way without notifying him. Mr. Flegel' said a continuance until Tuesday was too short. If he had to try the case out he would have to send away for depositions, as he did not want to go to the expense of bringing witnesses here. The attorney afterwards said he thought the case could be disposed of by a legal argument, and Judge Cleland continued the matter until Tuesday. . BOTHERED BY VIBRATIONS. Saloon-Keeper Snea C. W. Boost lor Damages. The eult of George J. Sebecki, a saloon-keeper, to havo his landlord, C. W. Boost, who operates a wireworks over head, restrained from running machinery which causes the building to vibrate and using hammers and other tools which make a great noise, was heard by Judge Frazer yesterday. The premises are located at the north east corner of Third and Flanders streets, and wero sold several months ago by George W. Marshall to Boost. Se becki has a lease of the saloon. Hia complaint is that the noise disturbs his patrons; that the vibrations have caused shades on gas fixtures to fall, and that he is annoyed in other ways. He wants it all stopped, and also demands $500 damages. Quite a number of witnesses were ex amined upon both sides. David Williams, one of Sebeckl's wit nesses, eald the vibrations caused by the machinery bothered people playing pool. He said he saw one pool game "where a ball had stopped near the edge of the pocket, and Just as one of tho -players was about to taks a shot at it there was a vibration and the ball rolled Into the pocket, giving the other player the game. The witness volunteered the statement that If people were playing pool at the Portland Hotel they wouldn't stand It if vibrations caused balls to move on the table In such a manner. On cross examination Williams returned to the original proposition that in the Se becki saloon the ball rolled Into, the pocket without having been touched by the cue, and said a man did not want to play pool In a building that shook. Mr. Morrow endeavored to elicit from the witness that the . players walking around the table on the floor might have caused a slight tremble of the table. Witnesses for Boost testified that the noise was not excessive, and that the' vibrations were slight. They were un able to see that Sebeckl's business was In any manner Interfered with, or Injured. Testimony was given that the barroom was frequently full of people drinking. Boost testified that he had moved some of his machinery to accommodate his tenant, where the noise would be less, placed his punching machines on heavy timbers, etc. He said the saloon-keeper's business was not fnjured. He also testi fied that he has $21,000 Invested In the place. Judge Frazer will visit the scene GREAT AM BATTLE BY Third Regiment and Battery A, 0. N. 0. I ARTILLERY DRILL by Batteries, Field Artillery, Si?;-. U. S. Army. CONCERT by the famous Nineteenth U. S. Infantry- Band. i BENEFIT HEPPNER I IRVINGTON RACE TRACK, JULY 4 ! Commencing 1 P. M. I Coffee and Refreshments Will Be Served on the Grounds by the T arlioe' A nvllia tmt Qnonieh-lmartnnn Wan and make an Investigation before ren dering a decision. IS SAVING MONEY. ainltnoraab. Cotmty'w Receipt In crease and Expenses Diminish. County Clerk Fields has prepared a statement covering a period of one year, showing that as a result of the consolida tion of the offices of Clerk of the County Court, Clerk of the Circuit Court and Re corder of Conveyances, coupled with a careful economical acnnlnlstratlon of af falrei, a saving of $12,440 for the year has been accomplished. Mr. Fleld3 has sub mitted a detailed statement of the figures to the County Court, a copy of which Is as follows: . Receipts. 1201-02 Circuit Court $ S.330.35 County Court 5,751.30 Recorder 11,151.92-525,233.57 Increase 1303-03 Per Ct. Circuit Dept $ 8;S64.55 7 County Dept 7,738.85 33 Recording Dept 12,565.00 12 Totals $29,166.40 15 Making an increase for the past year over the year previous of..$ 3,932.83 Add to this the decrease in dis bursements 18.05S.84 Net gain and saving to the county for the year ; $21,991.67 DUburnement. 1901- 02 Salaries $43,528.90 Supplies' 3,018.97 Total i $46,5-17.87 1902- 03 Salaries : $25,159.05 Supplies .-. 3,329.93 Total 1. .$28,489.03 Decrease $18,058.84 COUNTY TO HOLD SALE. Property Bid In for Taxes jto Be Put Tip at Anctlon Monday, Beginning next Monday morning, the county will sell property which it has heretofore bid in at tax sales. County Clerk Fields has with the assistance of a force of clerks brought the taxes against all of the property up to, date, so it can be seen at a glance the full amount and costs due upon each piece. It Is ex pected to realize at the sale the full sum due on each parcel, and if this Is not done, the bid probably will not be ac cepted. The law provides that the prop erty shall be sold to the highest bidder, but the county is not compelled to accept any bid offered, and may refuse insuffi cient bids. There is some cheap suburb an property that may not be worth the amount of taxes and costs against it. This I3 a matter the County Court will consider, and decide what- to do In such cases. The full amount of taxes due on the property to be offered for sale has not yet been footed up, but it Is thought it will be at Hast $100,000. NO APPEAL CAN BE TAKEN. Justice Conrt Supreme In Forcible Entry and Deliver Canen. Judge Cleland yesterday rendered a decision that the plaintiff In a forcible entry and detainer case cannot appeal from a Judgment given In a Justice Court. This opinion was expressed In the case of Catherine O'Farrell against Mary A. Wllhelm to recover possession of certain real property. Mrs. O'Farrell lost In the lower court and must abide by the re sult In the past some of this class of cases have been appealed and heard In the State Circuit Court, but an examination of the statute shows that it provides only for an appeal by the defendant under the following conditions: "If Judgment be rendered against the A vSuggestion for Torday Shredded Whole Wheat Biscuit is a perfect food because it per fectly BISCUIT batter on top. Put in buttered pan in hot oven about three minutes. Re move with pancake turner to warm plate. Use as toast for scrambled or poached eggs. SoM by &u grocer3m The Natural Food Co., Niagara Falls, N.Y. FLOOD SUFFERERS Genera! Admission, 25c. defendant for the restitution of the real property, no appeal shall be taken by him until he shall, In addition to the un dertaking required on appeal, give an undertaking of twice the rental value of the property, etc." The general statute on tho subject of appeals from Justice Courts provides: "Either party may appeal from a Judg ment glen in a Justice Court In a civil action where the amount in controversy is not less than $10, or for the recovery ot personal property of the value of not less than $10." There Is no money or personal property Involved in a forcible entry and detainer case, and Judge Cleland, considering both statutes, expressed doubt If either party to such a case has the right of appeal. In territorial days an appeal from any Judgment of a Justice's Court could be taken. Forcible entry and detainer cases were originally exclusively within the jurisdiction of the County Court, and the statute was afterwards changed, assign ing them to the Justice's Courts. Roy B. Pratt Released. District Attorney Manning yesterday returned not a true bill in the case of Roy B. Pratt, charged with stealing $5 from Tena Gurald. Just before this ac tion was taken a petition for a writ ot habeas corpus setting forth that Pratt was unlawfully restrained of his liberty and demanding his release was filed. It was stated In the petition that the orig inal charge against Pratt was simple lar ceny, which was dismissed In the Munici pal Court after an. examination, and that Judge Hogue Immediately afterwards, on the same Information, held Pratt to answer on a felony charge. It was al leged In the habeas corpus petition that the latter action was Illegal. The ha beas ctfrpus proceeding was set for hear ing before Judge Cleland In the after noon, but was dismissed when Pratt's at torney ascertained that the District' At torney had released the man from Jail. Decision Favors City. In the "suit of A. A. Kadderly and many others against the City of Portland, to restrain the Council from making a reas sessment of property for the Improvement of East Burnslde street, a decision fa vorable to the city was rendered In the State Circuit Court yesterday, but an at tempt to obtain relief for the plaintiffs by some other legal step may yet be taken by their attorney, R. Dunlway. This is the case In which the initiative and ref erendum act was placed on the shelf. Decisions Today. Judge George will decide the following cases this morning: Carrie Howe, executrix, vs. I. E. Kern; suit for specific performance. Ray Debuhr vs. N. M. Davis et al.: suit to foreclose Mechanic's Hen. Leslie G. Merrill vs. Fred Metzger; mo tion for new trial. David Dublver vs. City & Suburban Railroad Company; motion for new trial. McQunde Gets Five Years. James McQuade, convicted of robbing E. A. Copeland on December 24 last, was sentenced by Judge George yesterday to five years In the penitentiary. Charles A. Johnson pleaded guilty In the State Circuit Court yesterday to stealing some brass casting belonging to John Kiernan, and was sentenced to ten days In the County Jail. CARD OF THANKS. To all the kind friends at Heppner and Portland who so kindly helped us in the time of our sorrow, In the sad death of our beloved husband and father, we extend our heartfelt thanks. MRS. JOHN STEIN AND CHILDREN. nourishes the whole body. If you want a clear complex- ion, Dngnt eyes, steady nerves and perfect digestion, acquire "The Shredded Wheat Habit." Poached or Scrambled Eggs on Shredded Whole Wheat Biscuit Moisten the Biscuit slightly with cold water. Place small bits of Send for "Vital 1 I Question" 1 Cook Book I Free J