10
THE MOKNING OREGOlNIAN, 0:HUKSLJ2Ljf, JUlir 23, 15K3.
TO DELAY HUD
Portage Project, Meets
Obstacles.
AAILROADS WILL FIGHT
Government Must Be Induced
to Grant Right of Way.
CLR. IN THE OPPOSITION
hpKtil Casal Board Reports in Sep.
tembea Xe Decision, "Will Be
MafeJr the Secretary
af "War.
Snere ere two source of delay to The
XtaUee-Celllo portage road project:
Ttot Opposition of the railroads.
fieoono Opposition of the Government
to siring- riskt of way on Government
lAOd.
Indications are that the O. B. & N.
Co. -will flint the project toy refusing:
to grant riht of -way over O. K. & N.
land without condemnation suits.
Tbe "War Department Is uncertain
whether It has the rlgh to grant any
concession to the State Portage Boad
Co minis Ison without an act of Con
gress. If prompt assurances are given
that the state Is ready to start work
&t onoe. Secretary Root will determine
at onoe whether or not Congressional
sanction Is necessary before the state
can use Government lands. No ac
tion, however. Is probable until the re
port of the canal board Is made, which
will not be until September.
OREGONIAN NEWS BUREAU, "Wash
I inston. D. C July 22. Unless the Oregon
commission charged with the building or.
the state portage railroad around The
! Dalles-Celilo obstructions In the Colum
I Ma River vigorously renews its request
I for the right of way over a part of the
Government lands on the south bank of
the Columbia River it will probably be
HPVfral months before their request Is
finally acted upon by the War Depart
ment.
As the department now views it, there
Ms no unusual necessity for immediate
action on this request, and for two rea-
isons no action has yet been taken on
the application of the state through its
commission. The "War Department, after
conference with Major Langfltt, con
cluded that inasmuch as the special
Board of Engineers had decided to aban
don the Harts project and to substitute
therefor a plan for, a continuous canal,
lit would be unwise to grant to' the state
any privileges -which might be found la
ter on to conflict with the purposes of
the Government.
Delay Until September Certain.
Inasmuch as the Government had much
trouble In acquiring the old boat railway
I right of way. and it is probable that a
portion at least of this land may be re-
! quired for the contemplated canal, the de
partment decided to grant the state no
concession until It ascertained Just how
much of this right of way will be needed
for the canal. This cannot be known un
til the board reports, submitting Its plan
I of canal, and from present indications
this Teport will not be completed before
the first of September, and by some It is
i believed it may be a month or even two
months later. There Is no objection, In
I a moral sense at least, to allowing the
state to use such of the Government lands
as will not be demanded for the pro
posed canal. It was merely a question of
avoiding a conflict of interests between
I the state and Government, and the pre-
cautionary measures adopted naturally
resulted in deferring work on the state
project.
Must Congress Grant Authority!
The other consideration that induced
Ithe department to take no immediate ac-
Ition on the application" of the state was
the uncertainty of the officials as to the
I right of the Secretary to grant to the
state the privilege of using Government
lands for its portage road. By some it is
laintained that Congressional authority
)uld be necessary before the ' state
sould build on the Government right of
ray. Others maintain that the Secretary
lease the lands to the state "for tem
porary purposes" for a period not exceed-
lg five years. Here again enters the
xucstion whether or not the portage road
rould be properly classed as a temporary
rork. If Tiot, there is considerable doubt
rex the authority of the Secretary to en
ter into a lease without special authority
it Congress.
Bo far as the Engineers' Department ia
jncerned, its officers are anxious to
j.ve the state portage road built. Not
3 nly would it be of assistance to them la
ter In the construction of the canal, but
it would, afford immediate Tellef to the
smmerce of the Inland empire "whose ira-
lce they readily recognize, The only
loubt they have as to the propriety of
lowing the state to use the- Government
lands is on account of the possible con-
ict between the rights of way of the
jrtage road and the new ship canal.
ley think, however, that if such a con-
lct should be discovered it could be
ivcrted before the state actually under
3k the construction of its road, for the
it lands needed for the canal will be
iwn within a few months.
Eagri&eers Are Favorable.
The engineers are therefore favorable to
rating- immediately the request of the
state under a condition which will per
il of a change in the route of the port
je road, if a conflict should actually be
Jlscovered. If the state is ready to pro-
eed. under the act of the last Legislature
id awaits only the right of way, there
is every reason to believe that a strong
request for prompt action upon the pend-
Ing application would receive favorable
ndorsement from the Chief of Engineers
id would Immediately go to Secretary
at for bis action. Then if the Secre-
uy finds that he has authority to grant
the right of way, either outright or as a
he would undoubtedly act favor
bly. At any rate, semi-official assurance
given that if the state makes it plain
Ea the department that it is ready to go
to work and awaits only this authority
from the department, the case will be
disposed of without unnecessary delay.
and Secretary Root wJM finally determine
whether or not Congressional sanction Is
necessary before the state can use the
Government lands.
The right-of-way question may delay
work on the Portage Railway between
The Dalles and Celilo. So far as those
owners of private lands affected by the
enterprise are concerned, it is believed
no trouble will be experienced by the
state In securing permission to construct
the proposed road. But trouble will be
made by the railroad Interests affected by
the railroad.
The - proposed plan of Engineer Ham
mond, which has been approved by the
State Commission, provides for crossing
Government land and also of encroaching
upon the right of way of the Oregon Rail
road & Navigation Company. These are
two points where the railroads -can make
trouble, and there is no doubt but that
they will avail themselves of the opportunity.
There has been no authoritative state
ment from O. R. & N. officials relative to
their action on the Portage Road. Of
ficials of that line will not speak of the
question for publication, and there is
every reason why they should be guarded
in their discussion of the enterprise.
It is generally understood, however, that
the O. R. & N. proposes to resist the at
tempt of the state to build the Portage
Road over a portion of the O. R. & N.
right of way. The O. R. & N. has been
held all along to be oppoeed to the new
line, and the action of that road in de
clining to give any information relative
to the boundaries of Us rights of way to
Engineer Hammond is indicative of the
future action of the road.. Moreover, rail
road men In position to know the situa
tion declare that the Harrlman interests
are determined to fight.
This will necessitate condemnation suits
to securethe right of way for the state's
road. The O. R. &. N. will resist the
suit on the ground that its construction
seriously Interferes with the operation of
trains and prevents betterments along the
lino where the state would crowd the O,
R. & N. Upon this pretext the railroad
could probably succeed In delaying con
struction work for some time and might
even make the costs run up above the
limit set by the last Legislature. If this
could be done, the company would have
gained something in a temporary defeat
of the project.
The influence of the company is likely
to be felt in a movement against the ap
plication of the Portage Road for per
mission to cross the Government property
along the proposed right of way. Influence
at Washington, exerted by the Harrlman
Interests might be sufficient to delay con
struction work for a time.
That the Portage Road la certain to
meet railroad opposition has already been
demonstrated. The effort to defeat the
project by invoking the referendum Illus
trated the opposition of the railroads. It
was regarded as an open secret at the
time that the railroads were back of this
movement and that it was put forward for
no other purpose than that of delaying
the proposition.
The Portage Road cannot be completed
and In operation before the middle of the
Coming Winter. This would be a great
relief to the gralngrowers of Eastern Ore
gon and Eastern Washington, and would
affect this season's crop. Incidentally It'
would, mean a reduction of railroad earn
ings within a comparatively short time.
Naturally the roads will endeavor to im
pede progress as much as they can.
BIG CROWD AT GLADSTONE
FIVE THOUSAND PEOPLE ATTEND
CHAUTAUQUA SESSIONS.
Robert J. Bardett Gives His Last
Lecture Champ Clark Come
Tomorrow.
GLADSTONE PARK, July 22? (Spe
cial.) Five thousand people attended the
Chautauqua exercises today and enjoyed
themselves. Mrs. Harriet Colburn Saun
derson had as spectators for her splendid
Greek tableaux and posturing tonight
one of the largest crowds that has gath
ered this season under the roof of the
big wigwam. Young ladles of the Chau
tauqua assembly represented the figures.
Mrs. Saunderson also gave several reci
tations In a style that was enthusiastical
ly applauded. Miss Edna Gates and Miss
Helen Goss rendered vocal solos.
The principal attraction of the after
noon in the wigwam was Rev. Dr. Robert
J. Burdctte's lecture on "Good Medicine."
More than 3000 people heard him, all the
benches being occupied and hundreds of
chairs -were brought into the aisles. The
lecture abounds in good stories and anec
dotes and greatly pleased tho audience,
as the speaker passed "from grave to
gay, from lively to serene." He said thero
Is plenty of sympathy for people In
East txth street. A physician was called
to attend her. Tuesday night he had
threatened td throw her trunk out of the
house and drive her away, but was pre
vented by her mother. Last night when
tho girl came home the brother struck her
a heavy blow in the face and would have
followed it up had he not been prevented
by his mother. A neighbor said the boy
would probably have killed her but for her
mother. Mrs. Patrick Is" a widow.
CHANCE FOR ALASKA TRADE
Portland Is Urjced to Get Its Share
of Baalacas.
That a greater portion of the Alaskan
business should come to Portland and the
Columbia River territory generally. In
stead of Puget Sound, wa3 pointed out in
a letter received yesterday by the secre
tary of the Chamber of-Commerce, from
J. J. Stokes, of Nome, Alaska. Mr. Stoke3
writes in part:
"During the year 1S02 the xecords'of the
Custom-House here show that there were
14.S06 tons of coal, 1.459.491 feet of lum
ber, exclusive of 1.000.000 feet brought down
from Port Clarence: C62 head of live
stock, 13,354 tons of general merchandise
sent up here, and a passenger traffic of
S723 arrivals and departures. The exports
cf gold dust and bullion for that season,
according to the record of the Northern
Commercial Company, was up to October
20, $4,232,118. They estimated that JSOO.OOO
more would be sent out by the end of
navigation. That which was taken out
by private individuals would approximate
ly reach $5,009,000. That amount represents
LAW IS SUSTAINED
Sailor Boarding-House Act Is
. Constitutional.
COURT HANDS DOWN OPINION
trouble and he took no stock in the old . tho production of four months mining.
license,- and that the action of the Board
was in conformity with the wishes of the
hipping interests.
BERT STACEY OUT OX BAIL.
MaiBtaias Ills Innocence and will
Appeal to Supreme Court.
Bert Stacey. under sentence of two
Lyears in the penitentiary for robbing E.
a. v-opvia.nu lost ueccmoer, was iciciiacu
on 51500 bonds yesterday pending an ap
peal to the Supreme Court, which will
be argued by his attorney, B. S. Pague.
Stacey worked for years as a piano sales
man for a San Francjsco company. He
positively asserts his innocence of the
charge on which he was convicted, and
his numerous friends believe his state
ment. Stacey is a married man.
State Commission Will Sbott Caae
Today "Why License Sheald Not
Be Issued toBllly Smith, and
Hnrry White.
The law providing for licensing sailor
boarding-houses passed at tho last session
of the Legislature Is constitutional.
Judge Sears handed down an opinion to
this effect yesterday In the suit of Harry
White and Billy Smith against S. M.
Mears, E. W. Wright and Herbert Hol-
man, comprising the Board of Commis
sioners for licensing sailor boarding
houses. The Board was ordered to appear and
show cause today at 2 o'clock why an
TWO COMPANIES MERGED.
Washington Railway fc Xarlgation
Company In Incorporated.
The Washington Railway fc Navigation
Company has been incorporated by the
Northern Pacific to take over the Wash
ington & Oregon and Portland, Vancouver
& iaklma Railroad Companies, which the
Northern Pacific organized a few years
ago to build new lines cn the north side
of the Columbia River. Railroad officials
contend the organization of the new com
pany Is simply an action taken for the
purpose of simplifying matters.
The contractors are still at work upon
the road the Northern Pacific is building
into Vancouver., This will be completed
by August 15, and then the Northern Pa
cific will have its line from Kalama into
Vancouver and 30 miles of road running
out of the latter town into -the timbered
districts back of Vancouver. The road is
being rushed to completion for the pur
pose of enabling the Weyerhaeuser Timber
Company to begin active operations.
With the exception of a continuation of
the timber lines constructed by the North
ern Pacific for the benefit of the Weyer
haeuser Company, none of the plans out
lined as follows by the articles of Incor
poration of the Washington Railway &
Navigation Company will be put into lm
mediate execution:
To build a line from Portland, crossing
the river near Vancouver, following the
north shore to Kalama, thence north
through Cowlitz, Lewis, Thurston, Pierce
and King Counties; to build a line from
Kalama west along the north side of the
Columbia to the Pacific Ocean: a line
from Vancouver northeasterly through
Clark, Skamania, Klickitat and Yakima
Counties to a junction with the Northern
Pacific at Yakima: to build & line up the
north bank of the Columbia from Van
couver, through Clark, Skamania and
Klickitat Counties, Joining the Northern
Pacific at or near Pasco.
FORCE OF AMENDMENTS.
Wisconsin Author's Carious View of
Rights Reserved to the State.
i
PROFESSOR S. P. LAXGLEY'S AIRSHIP READY FOR ITS'" FLIGHT. 1
QUANTICO, Va., July 18. The success of Professor Samuel Langley's Invention for aerial navigation will
be put to a practical test within a short time. With C. R. Manley and several assistants, he Is patiently wait
ing for favorable gweather conditions, and as soon as all Is ready the most interesting of all mechanical tests will
be made. With the professor are a number of scientists, who, are awaiting an opportunity to make observations
from their standpoint
All visitors are denied access to the aerial machine, and neither Professor Langley or Mr. Manley will
give out any details regarding the mysterious apparatus. The only thing made public is the firm conviction of
these gentlemen in the ultimate success of the airship.
Mr. Manley will be accorded the honor of handllnk the flying machine on the event of Its Initial flight. He.
as Professor Langley's first assistant, has been closely associated with his chief for a number of years, and
quite naturally has unbounded confidence In the Issue of the -first demonstration of the machine's qualities. The
first flight will be made over the water, following the course to be pursued by the machine will be a launch tow
ing a float, so as to be on hand when the atmospheric flyer plunges Into the water. From a houseboat, when all
is ready for the test, the big machine, moved by huge wings and rapidly, revolving propellers operated by
compact and powerful engines, is expected to rise, pursue an almost direct course and mount the air for about
15 minutes. Nothing additional will be given out until the experiment is made.
PORTLAND, July 22. (To the Editor:)
I find in a small manual on civil, govern
ment, by W. C. Hewitt, page 79, the fol
lowing language concerning the first ten
amendments to the United States Const!
tution:
"It should be carefully borne In mind
that the amendments generally relate to
the jurisdiction of the United States, and
not to the jurisdiction of several states.
So far as the amendments of the Constitu
tlon of the United States are concerned.
the various states might establish religion
and prohibit the free exercise thereof,
might quarter soldiers upon the people,
might make unreasonable searches and
seizures, and might require excessive bail
and Impose cruel and unusual punish
ments."
The second chapter of Article VI of the
Constitution reads as follows: "This Con
stitution, and the laws of the United
States which shall be made in pursuance
thereof, and all treaties made, or which
shall be made, under the authority of the
United States, shall be the supreme law
of the land; and the Judges In every state
shall be bound thereby, anything in tho
Constitution or laws of any state to the'
contrary notwithstanding."
Now I understand that an amendment
to the Constitution has as much force and
effect as though it was a part of the
original document
If one state could prohibit the free exer
cise of religion and inflict cruel and un
usual punishments, all might exercise the
tame right and what would have been
gained by putting such prohibition in the
Constitution?
The eighth amendment says: "Excessive
ball shall not be required, nor excessive
fines imposed, nor cruel and unusual pun
ishments inflicted."
This amendment was made the basis of
an appeal to the United States Supreme
Court by the attorneys for the first man
sentenced to be electrocuted in New York.
I cannot see how Mr. Hewitt can be
right; but as he is a professor in the Osh
kosh (Wis.) State Normal School, and the
author of the book from which I quote,
a text "book on civil rovernment of the
United States for common schools, he Is
supposed to know whereof he speaks. The
book is published by H. R. Pattengill of
Lansing, Mich. The matter is respectfully
referred to The Oregonian.
ARCH. THOMPSON".
poem, "Laugh and the world laughs with
you; Weep and you weep alone." Mr.
Burdette said: "It is worth nothing to
worry; anybody can worry. The only
way to stop worrying is to stop. There Is
not as much trouble In the world as there
ought to be so that we might be hap
pier.' Let laughter be part of your reli
gion. There are two days In the week in
which I won't worry. They are yesterday
and tomorrow. Make this your own rule.
I want you to remember this. It is my
whole philosophy. Learn to make the
sun shine on the north side of tne nouse
where it never shines. You can do it.
A merry heart doeth good like a medl-
slne."
Schiller's Lead for Pennant.
Several thousand people saw the ball
game in the afternoon between the Schil
ler and Chemawa teams. The Indians
failed to make their usual good .showing,
and the game was the Schiller's from the
first inning, though it furnished plenty
of amusement- The score: Schiller, 10
runs, 12 hits, 7 errors; Chemawa, 4 runs,
9 hits, S errors. Golns and Gaines were
the battery for the victors and Lucas and
Morris and Tebeau for the Chemawas.
The Schlllers now have a good lead In
the Chautauqua pennant race, having
won three straight games.
Chaolain W. S. Gilbert delivered a
clever and Interesting address nef ore the
Ministerial Association In the forenoon
his subject being "Sixteen." He illus
trated that that is the most impression
able age of youth. Rev. W. Plummer led
the meeting.
Rev. and Mrs. Burdette left tonight for
Los Angeles, Cal.
Exercises for Today.
Tomorrow will be "Recognition Day."
The graduating' exercises of the Chautau
qua class will take place, though they
may be somewhat curtailed owing to
the omission of the address on "The blm
ple Lite" by Rabbi Stephen S. Wise, who
was suddenly called East. Presentation
of diplomas to graduates of the Chautau
qua literary and scientific course will be
made by President W. P. Hawley of the
association in the afternoon.
The special programme will open at 11
o'clock in the morning with an address
by Secretary H. W. Stone, of the Port
land Y, M. C. A. At 2 P. M. readings,
"Long Before I Knowed Who Santa
Claus Wuz," and "A Tale of Airly Days,"
by Mrs. Harriet Colburn Saunderson;
contralto solo, "The Sweetest Flower
That Blows," Miss Ruth Hoyt; readings,
"Cuddle Doon," and "Mavourneen," Mrs.
Saunderson; song cycle, "In a Persian
Garden." Mrs. Albert Sheldon. Mrs. Wal
ter Reed, J. N. Belcher and Dom Zan.
Later In the afternoon there will be a
baseball game between the Oregon City
team and the Vancouver Maroons. The
evening will be taken up with the enter
tainment of Karl Germalne, magician,
who comes highly recommended.
The Chautauqua Alumni Association
will have a meeting on the platform of
the wigwam immediately after the after
noon programme.
Champ Clark First Lecture.
The first lecture by Representative
Champ Clark, of Missouri, will be deliv
ered Friday nfternoon on the subject:
"Picturesque Public Men." He will lec
ture again Saturday night on "The United
States in the Twentieth Century.
Friday and Saturday with, Champ
Clark; Germalne. the Magician; Rev. J,
Whltcomb Brougher, of Tennessee, and
the flreworks Saturday night promise to
be the big days of the assembly.
The output this season will be nearly
double that of last year, If all the ditch
companies can get their ditches completed
In time to operate the latter part of this
season. The Winter mining was greatly
handicapped owing to lack of timber, and
many good properties had to close as
alternative writ of mandamus should not
issue. The case will then be set for hear
ing later, on the merits, when the question
will come up whether the Commlsioners
acted within the law and were Justified In
refusing White Bros, and Smith a license
early as the month of January. The out- , to conduct a sailor boarding-house.
Xo Cane ARaliiKt Railroad.
Judge Bellinger In the damage case of
Leroy S. Davidson against The Astoria &
Columbia River Railroad Company yes
terday granted a non-suit on the ground
that the company under the allegations
of the complaint was not liable for dam
ages.
Davidson fell Into a. hole on Slxtn street.
WHAT SHE ESCAPED
Delay Would Probably Have
Been Fata! In Miss Good
win's Case.
"My mother died of consumption Ave
years ago," said Miss Johannah Good
win, of Northbridge, Mass.,- "and I
thought I was going into the same dis
ease. I believe I would have done so
but for Dr. Williams' Pink Pills for Pale
People.
"My complexion had turned pale and
yellow, and I was ghastly looking-. 1
was so weak I could not dress myself
without sitting down to rest a few
times, and often when I walked a short
distance, or even stooped over, pains
shot through my back. I was short of
breath and "often dizzy, my food did
not digest properly, and my heart was
very irregular. There was a noise In
Astoria, which was on tne raiiroaa com- my head that nearly drove me crazy.
pany s ngia oil way. -nc aucu iu j w
look for next Winter is more promising.
as about 6.000,000 feet of timber is to be
brought in this Summer."
Mr. Stokes then gives a favorable re
port generally as to mining and other
business prospects, and goes on to say:
"To secure a good portion of this trade, I
thould suggest that a substantial company
be formed and incorporated under the
title of the Oregon Commercial Company,
The decision was concurred iir by Judges
Cleland and George, and concerning the
constitutional question the court said:
"After a careful examination of the
question we have concluded to resolve any
doubts existing concerning the validity of
this legislation in favor thereof. Believ
ing that any antagonism between a stat
embracing mercantile tmnsnortation and ute and the organic law must be obviously
mining. Run each branch under separate dear and unmistakable; that the existence
hands and on business methods. The jner- of such conflict Is not to be lightly ns-
cantlle branch could take care of carry- sumed; that every presumption and in-
ing general merchandise, coal, lumber, tendment favors the validity of the statute
hay, feed, mining tools and implements, in conformity with the theory of the om-
etc. Mining .operations should be pros- nisclence of the Legislature except where
pected only on such ground as has been its activities have been repressed by the
thoroughly prospected, to ascertain people themselves of the state or the
damages.
Bail Fixed at ?lO0O Ench.
The ball of Chick Houghton and Bob
Lucas, who are charged with robbing A.
Aplln on Sunday last, was fixed at 51000
each In the State Circuit court yesteraay.
Both men are still In the county Jail.
Estate of' David DaRlelsb.
The Inventory and appraisement of the
estate of David Dalglelsh, deceased, was
filed In the County Court yesterday.
showing property valued at $16,275.
DAILY CITY STATISTICS.
Carriage Licenses.
William Keeley Ketchum. 32; Wasco County;
Lena Caroline Warneck, 32.
Arthur It. Dorn. 2S: Leo Forsyth. 24.
D. O. Benson, 21; Sylvia Melvln, 18.
BVn French Holt, 30; Anna. Louise TH-
ton, 36.
Sam Castello, 44: Agnes aiuir, -jj.
Building Permits.
Martin Gray. Thirty-second, between Taylor
and Salmon, two-story dwelling. $1200.
Cate & Towell. Holly, between tasi six
teenth and Poplar, two-atory dwelllnp. $2700.
Cate & Powell, East Main, between fcast
Fourteenth and East Flfteentn, two-siory-dwelllngr.
?31C0.
C Applegren, Broadway and Williams ave
nue, two-story dwelling. $1000.
P. W. Stewart, East Sixteenth and Belmont,
repalrb, $300.
J. N. Dolph estate. Fifth and Jefferson, three
story building; $12,000.
W. T. Emery. East Thirty-eighth and tost
Main, two-story dwelling, $1500.
Mrs. Ada M. Church, -Overton, between
Twenty-third and Twenty-fourth, two-tory
dwelling, $5000.
Deaths.
July 20. Clara M. Fitch, 50 years, 27 Grand
avenue. Brighfs disease.
July 20, Delia B. Lamberson, 81 years. The
Brown, old age.
Births.
July 12. girl, to the wife of Harry L. Keats.
Portland Heights.
July 11, boy, to thfc wife of August F.
Schick, 440 East Ash.
July 11. boy, to the wife of Joseph Sagal,
670 Second.
Ileal Estate Transfers.
W. K, Bishop and wife to Alex Mulr,
lot 11. block 5, Willamette Heights Ad-,
dltion l-20
William Klaetsch and wife to Henry L.
Krender. lot 2, block 115, Woodstock. 1
Sheriff, for Isaac Meyer et al.. to
Thomas H. Smith, block 16, Tolman
Tract t300
Edw. F. Murphy to W. H. Camly. lot
.1. Arleta Park 1
I. L. and J. E. McCoy to Western
Land Irrigation Lumber & Fuel Com
pany, lots 13 to 23. block 8; lot 10 to
15,-block 3. Montlcello Addition 1
E. and Lena E. Cannon to Northwest
Electric Engineering Company. lot T,
Frultvale; lots 1 to 4. block G. Oak
dale: lots 4 and 5, block 203. East
VnrtXanA ' 7.50
Isaac Swett and wife to M. Segal, north
25 feet of lot 7, block 112. Portland.. 2,00
Scottish-American Investment Company,
Ltd., to F. D. Warner. lot 5, block 7,
Willamette Heights Addition 1
E. S. Brubaker and wir to J. E.
Lewton. north 100 feet of lot 2: lots
16. 17 and 18, block 2. Mount Tabor
Central Tract 1.500
C. E. and M. Stewart to F. A. Knapp.
1 acre, sections 17 and 18, T. 1 S..
R. 2 E 250
Silas Dickson to Lena E. Cannon, lot
T. Frultvale :,lots 1 to 4, block 0, Oak
dale; lots 4 and 3. block 20. East Port
land 3,850
ould hold my hands tight over my
ears, but still it would not stop, and
sometimes I could hardly see. I grew
thinner and weaker, and was afraid
and nearly certain I was going to die.
"One day a friend advised me to try
Dr. Williams' Pink Pills, and I did so.
They helped me before one box was
used up, and in less than two months I
was well and strong1 again, entirely
cured."
The disease from which Miss Goodwin
suffered was anaemia, or "bloodless
ness," and is caused by an actual de
ficiency of the blood and a watery and
depraved state of that fluid. It is char
acterized by a pallid complexion, pale
Hps, dull eyes, tongue and gums blood
less, shortness of breath on slight ex
ertion, especially upon going upstairs,
palpitation of the heart, feeling of im
pending death, weakness, loss of appe
tite and ambition. If left to Itself, It la
apt to result in decline and death.
The one remedy that has proved It
self a specific for anaemia is Dr. Will
iams' Pink Pills for Pale People. These
pills have a double action, on the blood
and on the nerves. This is the secret of
Dr. Williams discovery, and is the
cause of the wonderful cures in several
cases . of locomotor ataxia, partial
paralysis, St. Vitus' dance, sciatica,
neuralgia, rheumatism, nervous head
ache, after-effects of the grip, palpita
tion of the heart, pale and sallow com
plexions and all forms of weakness,
either In male or female. Dr. Williams'
Pink Pills for Pale People are sold at all
druggists, or will be sent direct from
Dr. Williams Medicine Co., Schenec
tady, N. Y., postpaid, on receipt of
price, fifty cents per box; six boxes for
two dollars and a half.
Mabel and Thomas Kerr to Peter Kerr
et al., tract 8. Abernethy Heights 1
A. A. and L. J. Chapman to Cochran
Bros., lota 10 and 20. block 104, Uni
versity Park - 2,600
A. A. and L. J. Chapman to Cochran
Bros, lot 21. block 104, University
Park .. A I
Title Guarantee & Trust Company to
Frank T. Woodward, lots 6 and 7.
and south half lota 8 and 9. block 15,
Hanson'a Second Addition to East
Portland 825
C. Owens et al. to Hugh W. Owens, lot
12. block 2. West Portland 1
S. M. and V. P. Lancefleld to Joseph
Berrer. lots 30 and 31, block 1. Stan
ley 1
x Pasaenjrers From Europe.
NEW YORK, July 22. Among the pas
sengers who arrived today on the Oceanic,
from Liverpool, were Bishop S. C. Brey
force, J. P. Morgan, Jr., W. K. Vander
bllt, Jr.. and wife, and R. F. and H. L.
Doherty, the English tennis players. Mr.
Vanderbllt appeared to be In excellent
health and showed no marks of the In
juries he sustained In France recently
by the explosion of a gasoline tank of
one of the automobiles.
Indictment at Jackson.
JACKSON. Ky.. July 22. The grand
Jury, after Indicting Gardner Plummer
for attempted bribery, and Edward
Tharpe and Joseph Crawford for burning
Ewen's Hotel, Is continuing its session.
whether tho placers contains gold In suf
ficient quantity to warrant the working,
as a safe business venture. As regards
transportation, to make It a success It is
necessary to get a good boat fast, and
with good accommodations. The steamer
nation in their respective charters. And,
recognizing the force of those judicial ut
terances of our own Supreme Court, which
require certainty beyond a reasonable
doubt of the unconstitutionality of an act
before giving utterance to such opinion.
Columbia would be a likely vessel, as she we have reached a determination to give
Is the fastest, and would be able to carry
more than her quota of passenger busi
ness. In the Fall -she would catch the
better element that might be tempted to
make Investments from your city. The
steamer Oregon has the record trip, and
this statute that effect which seems to
have been contemplated by those who con
structed It, and which certainly accords
with correct commercial and ethical considerations."
The White brothers and Smith were re-
East Side Barglarles.
An attempt was made to force an en
trance into the saloon in the Heller build
ing on Hawthorne avenue Tuesday night.
A start was made toward chiseling out
the pane of glass In the front door, but
It Is supposed that the burglar must have
been frightened away while at work.
It was found yesterday morning that an
entrance had been effected into the East
Side Fuel Company's office at 434 Belmont
street, some time during Tuesday night.
The telephone cash box was opened and
all the money was taken. The keys to
the safe were found and taken. No money
was kept In the safe. The burglar ran
sacked the premises thoroughly.
StrackrHis Sister.
Last night at about 10 o'clock Amy Pat
rick was struck on the nose by her broth
er. William Patrick, at their home on
East Davis street. Just back of the Win
Jeter's block, toetweea Grand avenue and
as a result the agent here informs me that Uxe4 a license hv the f!nrr!m1sdnner nn-
all her tonnage has been engaged ahead less theyftcould furnish an Indorsement
for the entire season. I would further from tuC heading firms in Portland inter
suggest that it WOUld be a gOOd Invest- , ,n HP(n.W!,tAr -nlnn1nir nrlnnlnnl nf
ment to have the, Chamber of Commerce h, h are Balfourt Gutnrle '& Co., Kerr
send up a representative here, to look Into n,, - f. nnH Th(.rt(,rtr, w wnJ
the matter. I feel confident that he will
find facts to bear out the truth of my
statements. I hope in the near future
that I will see some of the merchandise
stencilled Portland, Or., Instead of Seat
tle, Wash."
Commercial slate roofing, etc., was the
subject of a letter to the Chamber of
Commerce from John L. Rlggs, Merlin.
Josephine County. . Mr. Riggs says: "I
exhibited good samples of surface slate
from here at the Industrial Exposition in
Portland in 1S92, and no doubt some of
these samples are In your city yet. I
of the Portland Flouring Mills. They are
said to charter nearly all of the deep
water craft leaving this port. A recom
mendation of these business houses or one
satisfactory to the Boardlng-House Com
mission was not forthcoming, and the li
cense was not issued.
In their complaint Smith and White set
form that they are respectable and com
petent, to carry on the business of a sailor
boarding-house, and have "been engaged in
doing so; that they presented to the
Board satisfactory evidence of their re-
sank a prospect pit ten feet deep, and I spectablllty. competency, and of the suit-
that Is all the prospecting done to de- abieness oi tneir accommoaauons, ana oi
velop these beds. My failure was owing fered to execute a bond, etc., and that the
to lack of financial assistance, not owing Boardlng-House Commissioners arbitrarily
to any deficit of the grade of slate. I do
not own a foot of slate land, and I have
nothing to sell, but would 'Ike. Oregonlans
to take an interest in their undeveloped
resources."
declined to grant the license
The court, after reviewing the conten
tions of the plaintiffs In full, said:
"All of these facts are admitted by the
defendants by virtue of their demurrer;
An invitation was received to attend tho ' and more, the counsel for the Board ex-
14th session of the Trans-Mississippi Com- pressly admitted In open court that Smith
merciai congress to De neia at beattie ; and Vrhlte would have a remedy by man
August 1S-2L The president of the congress
Is John H. Klrby, of Texas, and the sec.
retary Is A. F. Francis, of Cripple Creek,
Colo. An Invitation has a'so been re
ceived to attertd the sessions of the sixth
annual session of the American Mining
Congress, to be held at Deadwood and
Lead, S. D.. September 7-12. J. H. Rich
ards, of Boise, Id,aho. is president of the
congress, and Colonel John T. Grayson,
of this city. Is one of the members of the
executive committee.
CAR JUMPS THE TRACK.
Moaats the Side-rrallc Xfter Teariag
TbroBgk a Woodpile.
Leaving the track near Twenty-third
and Flanders streets last night a Washington-street
car described a graceful
curve of about 30 feet, and after tear
ing through a woodpile by the sidewalk,
stopped with the front wheels well upon
the walk.
There were but two passengers aboard
and no one was Injured. A young woman,
whose name could not be learned was
quite frightened and expressed much
concern when she discovered that the car
was going almost straight away from
home. Dr. Sellwood was the only other
passenger aboard.
Conductor Wemple and Motorman
jump the track. They were going at a
good speed down the Twenty-third-street
grade, when the car left its course, and
the riding became very rough from that
time. The wrecking crew soon appeared
on the scene and within half an hour
I had the, car back on the track and into
tho barn.
damus against any arbitrary action,
though his definition of those words seems
to imply direct fraud or misconduct tanta
mount to fraud, or willful In Its nature.
"The term 'arbitrary Is defined as des
potlc, absolute In power, bound by no
law or rule: tyrannical, capricious. And
if denying this license without giving a
reason for such action, has not the Board
acted, or at least has not "the court the
right to assume, that it has- acted as it
bound by no law or rule, capriciously.
tyrannically, without entering Into a con
slderatlon of wihether its predominating
motives accord with good faith or not?"
After citing a number of authorities.
Judge Sears continued:
"Taking the admissions of counsel, to
gether with these interpretations of the
force of language employed in framing
such concession, It Is apparent the court
roust hold the action of the Board of Com
mlssloners to be arbitrary in character.
. . . They cannot refuse a license to one
who 'has brought himself within the plain
requirements of the statute without as
signing any reason therefor. ... A
remedy by mandamus Is the proper as well
as the adequate corrective.
"This is our opinion as to the .proper
remedy for the plaintiffs in the case, un
der the admitted facts and law governing
the subject-matter of the Issues arising
between the parties. Under the pleadings
Fones had charge of the car and -say
that they do not know what made it prar decision Is at the most only an ad
visory one, but we hereby Indicate our
willingness to Issue a peremptory man
damus upon the filing of papers making.
a showing appropriate to these views."
Attorney Henry E. McGinn informed the
court that he would be able to present
facts showing clearly that the. Commis
ftLn-nara warn fully Juatlfiea. In denying tha
C GROUND
CHOCOLATE
luinjinnnii
UIIIKAKULLLIJ
jp stress of the intense modern life
Sfihlitz Means
The best materials the best that money can buy.
A brewery as clean as your kitchen; the utensils as clean.
,The coolingdone in filtered air, ina plate glass room.
The beer aged for months, until thoroughly fermented, so
it will not cause biliousness.
The beer filtered, then sterilized in the bottle.
You're-always welcome to the brewery for the owners ait
proud of it. Phono Qresron 635 Main,
. , . J. Silvestone,
Ana the size of it proves that cos chamber of commerce
people know the worth of - Bid?.. Porttand
Ash
feriht
Brrmtry
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