10
THE MOKNING OREGONIAN, WEHNESDAY, AUGUST 19, 1903.
ORDERS NEW TRIAL
Judge Bellinger Decides
Against Birdie McCarty.
$22,500 VERDICT SET ASIDE
Jury Acted bm It "Under Influence of
Puilen er Prejudice" Award of
D&ffiBgca Denounced as "Gro
ly Excessive."
Miss Birdie McCarty must make an
other attempt to recover damages from
James Heryford, stockralser and bank
er, of Lake County. The verdict of the
Jury for $22,505 in her favor rendered
about tiYO months ago was set aside
yesterday by Judge Bellinger, who, in
summing up the case, said:
"My conclusion Is that this verdict Is
bo grossly excessive as to Imply that
the Jury acted under the Influence of
passion or prejudice and that it should
be set aside. The motion to set aside
the verdict and for a new trial Is al
lowed." Miss McCarty Is a schoolteacher by
profession, and her home Is in Wayne,
Mich. She taught in a country school in
Lake County and there met Heryford.
a widower, with several children, who
was one of the directors of the school
district. The result of their acquaintance
was an engagement to marry, entered
into on December 25, 1900. Miss McCarty,
In her complaint, asking for $70,000 dam
ages, charges Heryford with having ac
complished her ruin, and then cruelly
refusing to keep his word to make her
his wife, humiliating her in the
eyes of her relatives and friends
whom she Informed of her future pros
pects in life. She alleged that Hery
ford Is worth $200,000, and consequently
well able to pay the sum of damages
demanded.
Heryford entered a general denial, and
also said that he offered to wed Miss
McCarty if she would come to Reno.
Nev., after she said he had thrown her
over. He contended that it was her
fault that the match was not consum
mated In due legal form. He denied that
his fortune amounts to 3200,000, or more
than 70,CM), with an indebtedness of
J2O.0O0.
Judge Bellinger, In his decision, re
views the case in an interesting manner
as follows:
The Jury found for the plaintiff and assessed
litr damages In the sum of $22,500.
Defendant mores for a new trial, because
of errors, which he claims were committed
by the court during the trial, and upon the
ground that the damages assessed are exces
sive, and appear to have been clven under the
Influence of paction or prejudice.
Plaintiff was at the tune of her engagement
to the defendant 30 years of age, and a school
teacher by occupation. Sho seems to have
taught school frequently not far from the
neighborhood where she llvel, and during one
Summer. In the State of Indiana, and at dif
ferent rerlods of her life rtt had worked In.
or had charge of, three or four different post
offlcM. The defendant was 40 years of age,
and was reputed to be worth $200,000. He was
a widower with children, out- of whom was an
Invalid. It was shown by the testimony of
an attorney who had special opportunities for
knowledge on the subject, that the defendant
was worth about $70,000. consisting of an in
terest In certain Hock ranches In Southeastern
Oregon, and that he was Indebted In the sum
of $20,000, secured by mortgage.
The verdict In S3 large a sum In such a case
Is unusual, and I believe It to be unprece
dented. The alleged seduction of the plaintiff was
the thing mainly relied upon to increase her
damages. It Is alleged to have taken place
some five weeks subsequent .to the promise of
marriage, and was, -therefore, not the con
sideration for the promise, although the rela
tions established by the promise may have been
an Inducement for an unlawful relation be
tween the parties. The defendant denies that
be seduced the plaintiff, or that he ever bad
any Improper relations with her. The affidavit
of the landlady of the hotel at Bly, where the
parties staed one night, contradicts the plain
tiff as to the defendant's conduct in engaging
a room at triat hotel. If this affidavit is true,
the plaintiff has attempted to place the de
fendant In a false light in order to corroborate
ber statement a to their relations at that
place If she hag done this In one part of her
testimony as to the alleged seduction, the
whole comes under suspicion. There Is no ex
planation of the fact that the claim of seduc
tion was not made by plaintiff, and was not
known to her attorneys, until a few days before
the trial of the cause. There Is nothing In the
letters rhat passed between the parties that
bints of such a thing; and while on the trial
It was sought to get such a meaning out of
the expressions on her part that "in the sight
of heaven they were married." yet these ex
pressions do not necssarily Imply Improper
relations between the parties, and were not
so understood by her attorneys, who probably
examined this correspondence beforehand, and
who were not advised, as already stated, of
this feature of the case until the ere of the
trial. In her letter written after the defend- '
ant had Informed her that he could not keep
bis promise to her, she recounts the wrongs'
done her by his faithlessness; but there Is
nothing said that Is Inconsistent with a per
fectly lawful relation between them. It would
reem that then. If ever, the wronged woman
wou.d have spoken; tbat If In her list of griev
ances anything was omitted. It would not have
been that grievance which Is the greatest a
woman can surfer at a man's hands. A. letter
by the plaintiff to- the deft ndant. written on
May 29. a few days before the trial, was of
fered In evidence, but was not admitted. It
was stated In open court, when this offer was
made, that the plaintiff In that letter advised
the defendant of her claim of seduction. The
significance of the omission from her letters
written at the" time of the breach of any ref
erence to ruch a charge Is Increased by this
letter of May 29. and by the fact that copies
of these letters were kept by plaintiff, prob
ably with a view to the use that is now made
or them. Her explanation of there copies Is, I
that they were originals which, owing to her
state of mind, wnre so written that sfee feared
the defendant could not read them; tbat she
therefore copied them and sent the copies.
But these originals -show fir themselves; they
are well and plainly written. A few untm- :
portant words are crossed out of them, the '
inference being that. In making the second
draft, these words were omitted, and that
thereafter the two drafts were carefully cem
pard and the words orolued In the second
crossed out In the first, so that the retained
original should be an exact copy of the letter
int There Is no oopy of any antecedent let
ter Moreover, these letters were registered.
and the registry receipts are attached. She
explains this by Haying1 that theretofore la their
correspondenec something had been said to the
effect that he did not get all of her letters; but
she -wrote at least two letters after this and
It seems not to have occurred to her to register
these. The suspicion In which her uncorrobo
rated testimony Is involved as to this feature
of the cose Is Increased by the fact, of more
or lew significance, that while the alleged Im
proper relations are said to have been main
tained tor some weeks In a room over one
occupied by a man and bis wife, with an
eight-foot ceillnc. in an unpt&stered bouse,
where, according to her own testimony, the
noise could be raslly heard by the occupants
of the room below, not a breath of scandal or
suspicion was created as to the relation or
the parties, although the other occupants of
the house testify that the occurrences nar
rated by the plaintiff could not have taken
place without some knowledge on their part to
excite suspicion of what was going en.
It is the province of the Jury to decide
whether the plaintiff has told the truth. The
Inquiry which the court makes Is not to as
certain whether they have erred or not In
that behalf, but whether there has been error
ao flarrant as to Imply that they have aetd
under the Influence of pas? Ion or prejudice, a
verdict not exceptional In character, upon
doubtful tacts, should not be disturbed; but
an exceptional verdict against the weight of
the evidence cannot be allowed to stand. The
Judsment rendered upon a verdict Is the Judg.
rre- c f the court, and the respect which is
due to the verdict Cot not require the court
in any case to enter an unjust Judgment..
The law is, that an offer of marriage by a
defendant In a case ct this kind, made after
the action Is begun, if made in good faith, may
be considered by the Jury in mitigation of
damages. Kelly vs. F.enfro, t Alabama, 325;
Kurtr vs. Frank, 70 lad-. 40. The cases are
not In accord as to this. One case. S perry vs.
Estate of Moore (Supreme Court of Michigan),
4 Northwestern Rep. 676, holds tbat such an
offer is notrodmlsslble in mitigation of cam
ages. The reasoning of the court Is. that the
principle, which would permit such evidence
in any case, would admit It in a case where
a mac, respectable, virtuous, of wealth,, etc.,
sbould subsequent to his breach enter on a
life of debauchery, and then, when sued, offer
marrlase. when any woman of respectability
would shrink from his polluted touch. The
criticism to be made upon this reasoning Is
that It assumes that the Jury must give the
same consideration to the subsequent offer In
all cases. It Is sl question for the Jury In the
particular case as to what allowance, if any.
should be made because of the offer. In all
cases the effect of the offer depends upon the
advantages offered. If the subsequent offer
Is In all respects as adrastageous as the first
offer, there is no reason why the plaintiff
should reject It for its equivalent In money.
Public policy la better served with the com
promise of marriage than with sensational liti
gation, tbat spreads before the public, eager
to listen, the secrets of a courtship and the
unsavory details of a reduction; and when
It is - manifest that the Jury has refused to
give consideration to an offer In such a case,
the verdict should. In the Interest of private
Justice and public morals, be set aside. The
weight of authority and the better reasoning
support the rule stated. "When the defendant
received a ccyy of tfcc original complaint in
this case, containing the allegation tbat the
plaintiff was still ready and willing to marry
the defendant, the latter wrote her the follow
ing letter:
"Lakevlew. Or.. Sept. 13. 1O02. Miss Birdie
McCarty Dear Birdie: I was surprised when
an officer today served me with a copy of your
complaint for breach of promise of marriage;
I did not believe that you would sue me for
money, because you to often said you loved
me for myself, and I believed you, and still
believe that you sued me not through your
own desire, but by Uv advice of others. You
know that I have liked you for your Interest
and sympathy In me, and admired you for your
education and ability. Tou know, too, had
It not been for my greet trouble, caused by the
sickness of my son. Archie, who required my
constant attention during the last twelve
months, and as a cause of such sickness be Is
now totally blind in both eyes, and still unable
to help himself In any way. Had It not been
for all this I should nave gone to you and
kept my promise; but surely you would not
wish me to be so selflnh, cruel and unfatherly
as to leave my own child dying on a sick bed
and go East in order to get married. You.
womanlike, can understand my feelings In this
matter better than I can explain them.
"I wish you to feel that I am quite willing
to marry you. Could I leave my son now, 1
should go and tell you this in person rather
than by letter, but as you promised to meet
me in Reno to be married their (there), I now
request that you do so as soon as convenient,
and notify me by wire the probable day that
you will be in Reno, and I shall meet you
their (there), and we will be married. I en
close a difcft on New York for two hundred
dollars to pay for your expenses to Reno, and
after we are rsarrled we shall purchase such
things as you think necessary to furnish our
house.
"Hoping that you will come quickly to Reno
so that we can be married at once, and I shall
try hard by kindness and affection to atone
for any Injury or neglect of the past.
"J. D. HERTFORD."
This letter offered the plaintiff all the ad
vantages and Inducements of the original prom
ise, for which money damages are sought In
this action. It Is not claimed that the de
fendant has less wealth, or Is less virtuous
and respectable than he was at the time of
the breach. All the advantages that the mar
riage then promised her she could have bad
by accepting the offer of September, 1902.
The reparation for her seduction. If there was
seduction, would ha-e been as complete then
as If the first promise bad been kept, and
would have been Infinitely more complete than
any reparation that can be made In money.
There Is nothing to Impeach the defendant's
good faith In the subsequent offer, unless the
bteach of bis promise has that effect, and this
1b plaintiffs contention. The defendant's
breach is urged as evidence that his subsequent
offer was not In good faith. But if the breach
has that effect, then, of course, the offer of
marriage made after suit cannot In any case
be considered In mitigation of damages, and
the rule would be abrogated by the conditions,
which give rise to It. Futhermore, the plain
tiff was willing to come to Reno and marry
the defendant in December two months after
he had notified her that he could not keep his
promise to her she was willing- to trust him
then, and she would have been willing to
marry' him at the time he made his offer after
the suit was begun, so she testified. If he had
come to her home for that purpose; and she
would have married him, so she stated In her
testimony, at the time she came to Portland
to attend this trial, if he would have secured
her financially.
The letters In which the defendant stated
that be had changed his mind and that he bad
ceased to love the plaintiff, show that a very
great affliction had overtaken him In the blind
ness of bis boy. In the first of these letters
be says tbat "Archie Is sick again." and bos
been so for two week. ia the following letter
he sayB that "Archie Is blind; hasn't seen
anything for two weeks, and the doctor 6ays
he may be that way always." In the mean
time the blind boy was being cSred tor by his
grandmother and the defendant. The plaintiff
was conscious of the fact that defendant's
change of feeling toward her had been In
fluenced. If not cause!, by the calamity that
had overtaken his boy. In her answer to the
letter which stated that be bad changed his
mind, she says: "I know Archie's sickness
causes you to worry," and' she offers to help
take care of the Invalid. In his letter to her
of December 28. 1001, In answer to a letter of
hers of the 13th of that month, he reminds
her that she had said she "never could lire
here at Iakevlew only a little while at a
time," and he gives this as a reason tor think
ing that the marriage bad better nor take
place. In this letter he again refers to the
sick boy, "who can't e yet, and cannot help
himself very much."
It Is not at all surprising tbat the feelings
of this man, then 47 years old. with his hope
lessly blind boy requiring constant care, should
change In respect to marriage, and that he
could conclude not to marry a woman who
could not be content to live where he was
compelled to maintain- his home, "only a little
while at a tlme." There was no hope for him
In such a marriage of the companionship that
belongs to the married state, and It seems
doubtful, from her statements to the defendant
and from her testimony, whether there was
expectation or desire for It on ber part. These
conditions do not Justify his breach, but they
relieve his conduct of the imputation of bad
faith. The letter containing his subsequent
offer Is creditable to both parties. It shows
a high regard for plaintiff and a determination
on defendant's part to be a good husband to
ber. There is no redress tbat a court of law
can give to a woman in her situation that
equals what was here offered It seems In
credible that she should have preferred to
make merchandise of her good name, hitherto
unsullied, by proclaiming her unchastity in
order to increase the sum of money she ex
pected at the hands of a Jury.
My conclusion Is that this verdict is so
grossly excessive as to Imply that the Jury
acted under, the Influence of passion or preju
dice, and that it should be set aside. The mo
tion, to set aside the verdict and for a new
trial is allowed.
"WILL OF CAPTAIN LAMSOV.
II In Property Is Left In Equal Shares
to His Children.
The will of Captain Roswell H. Lam
son, deceased, way filed for probate In the
County Court yesterday. The petition ac
companying the will states that the prop
erty in Multnomah County is valued at
over $5000, and that there Is also real
property In Tamhlll County. An esti
mated value of the whole estate Is not
given, and there is a clause in the will
which provides that the executors. It. W.
Montague and R. B. Lamson. are not re
quired to file an Inventory and appraise-
ment or tne property in tne rrooate i
Court, but under the new law taxing leg
acies this will have to be done.
The will, to which three codicil? are at
tached, is dated February 21. 1S50. and
leaves the property to the children, Ros
well B. and Helen Lamson, in equal
shares. The Instrument states that pend
ing the distribution of the estate the edu
cation of Helen Lamson is to be liberally
provided for. She is to receive an allow
ance of $1S per year, and the executors
are authorized to Increase the amount if
found necessary. At the time of her mar
riage she is to receive an additional $1000.
Codicil No. 1 changes the will to the
extent that the executors are to act as
trustees of the share of Helen Lamson
until she reaches the age of 35 years, and
at that time to surrender the property to
her absolutely, if In their judgment she
has the business capacity to safely man
age the same. In the meantime, she is to
receive from the trustees all the Income
of her part of the property.
Codicil No. 2 makes a charge against
Roswell B. lamson of $4000 which he has
already received from his father, and
codicil No. 3 provides for a yearly allow
ance of $200 a year to Mrs. Dora M. Ev
erett, a sister of Captain Lamson, resid
ing in Tacoma. There are contingent
legacies in favor of Henry TV. and Ed
ward F. Lamson, brothers of the testator,
and Mrs. Dora M. Everett in the event of
the death of both of the children.
Captain Lamson's records and papers
relating to his public service are be
queathed to his son, and watches and
Jewelry of his wife to Helen Lamson, An
allowance of J1SO0 per year is also pro
vided fer Roswell B. Lamson until the
estate Is distributed.
SAYS HE IS DISABLED.
Fred Qaent Soes Eastern & West
era Company for ?3000.
Suit to .recover $3000 damages for per
sonal injuries has been filed in the State
Circuit Court by Fred Quent against the
Eastern & "Western Lumber Company.
Quent in his complaint sets forth that on
March 12, 1903. he was in the employ of
the company operating a swinging cut-off
saw. A part of the mechanism of the
saw was a rope, which Quent says was
worn and defective. The rope parted and
allowed the saw to swing and strike him.
cutting a long, deep gash on his right
breast and side. He alleges that he was
laid up for several weeks, and says he
is permanently disabled.
Articles of Incorporation.
Incorporation articles were filed In the
County Clerk's office yesterday by Thomas
Sharpp, A. E. Gebhardt and R, "W. Mitch
ell, of the Deschutes Fine Wool Company;
capital stock. $20,000. The objects an
nounced are to raise sheep, hogs, cattle
and horses, and to do a general livestock
business, with especial reference to sheep.
AID FOR STRIKING MINERS
Federation "Will KtabllsU Three
Stores In Cripple Creek District.
DENVER, Aug. IS. A special to the
News from Victor. Colo., says the Miners'
Union officials announced tonight that
three general supply stores will be estab
lished at once by the union for the benefit
of the striking miners of the Cripple Creek
district. They will bo at Victor, Cripple
Creek and Goldfleld. Goods will be sold at
cost, and credit will be given the men
until such time as they are able to pay.
The necessary funds have been furnished
"by the Western Federation of Miners. The
move Is the result of the recent action of
the Merchants' Association of the dis
trict In discontinuing all credit business.
AO LIMIT OX STRIKE TAX.
National Building Trades Conncll
Repealn Ten-"VeeU Clnuse.
DENVER, Aug. 18. Tho sixth annual
convention of the National Building
Trades Council of America adjourned sine
die this afternoon after electing the fol
lowing officers for the ensuing term:
J. H. Maloney, president, Chicago, first
vice-president of the International Broth-
erhood of Electricians; H. W. Stelnblss.
general secretary, of St, Louis, father of
the National Building Trades Council, and
its general secretary since the organiza
tion. Six vice-presidents were elected.
Sioux City, la., was selected as the next
place of meeting. An amendment to the
constitution was adopted removing the
right of the executive board to levy on
affiliated internationals and naltonais for
strike benefits, but It gives the board the
right to levy assessments of 5 cents per
week upon all affiliated locals. It also
removes the 10 weeks' limitation of strike
assessment, and makes the levy unlimited
as to time. It also puts the conduct and
disbursement of the strike fund In the
hands of tho general secretary-treasurer
of tho National Building Trades Council.
COST OF LIVING IS INCREASING.
Many Chlcairo Employer Advance
3Ien' AVngen In Like Ratio.
CHICAGO, Aug. 18. After receiving a re
port from the corps of experts concerning
the price of commodities in districts where
the organized worklngroen of the city live,
the Employers' Association has discovered
that the cost of living has increased 15
per cent during the last five years, and
has decided that wages should be in
creased In like ratio. In many cases the
increase already has been granted; In fu
ture cases this will be the basis of wage
raises.
For more than a decade the employers
throughout the country have been trying
to find an equitable standard by which
wages may be adjusted, and the Chicago
association intends to test the solution It
has found. Whether the labor or
ganizations will accept It, the employers
Intend to put it Into effect at once.
BifC Papcrmaker' Strike Ends.
HOLYOKE, Mass.. Aug. IS. Tho big
strike of the Holyoke papermakers, which
has been on since June 15. came to an
end tonight, when" Eagle Lodge, of the
International Brotherhood of Papermak
ers, voted to return to work Thursday
morning and declare the strike off. While
the 3300 operatives originally . affected had
been reduced by secessions to the mills. It
Is conservatively figured that over 3500
men and women will be affected by this
vote.
The Millwrights' Union took similar ac
tion tonight, and will return to work with
the papermakers.
BADLY HURT IN RACE.
Frnnk Kramer and Tvro Other Pro
fessionals Collide.
PROVIDENCE, R. L. Aug. IS. In a
championship ten-mile race of professional
riders at the Coliseum tonight, Frank
Kramer was badly hurt in a spill with
King and John BedelL Iver Lawson won.
Root second, McFarland third and Fenn
fourth; time. 23:53 1-5. Kramer was
stunned by being thrown, acalnst a post
and received several cuts and bruises, but
his injuries are not regarded as dangerous.
Railroad Men Are Promoted.
SAN FRANCISCO. Aug. IS. Three pro
motions were announced today from the
executive offlca of the Southern Pacific
Company, the most important being that
of B. A, Worthlngton. who has been
transferred from superintendent of the
Coast division and assigned to duty in the
office of assistant to the president. Julius
Kruttschnltt. J. C. Wilder, who has been
for some time assistant to Superintendent
Palmer, of the Oakland division, succeeds
Mr. AVorthlngton at the Fourth and Town
send streets depot as superintendent, and
A. W. Baker, now at the Oakland mole,
will drop into Mr. Wilder' position.
Topeka Also Reports Relief.
TOPEKA. Kan.. Aug. 18. The high
water in the Kansas River is receding
tonight. At Manhattan the river has
fallen three feet since last night. Lower
water is also reported from Wamego and
other places up stream.
DO TOU "WEAR. GLASSES t
Properly fitting glasses and MURINE
promote Eye comfort. Murine makes .weak
Eyes strong. Druggists and opticians, or
Murine Eye Remedy Co- Chicago.
Oregon Kidney Tea Is prepared without
alcohol, which Is Injurious in kidney and blad
der diseases.
MAY RAISE RENTAL
County. Now Gets S150 for
Morrison-Street Bridge.
OLD FRANCHISE MAY GIVE MORE
According: to Terms of Agreement
City & Sabarbaa May Be Forced
to Par 20 Per Cent of the
Bridge Earnings.
The Board of County Commissioners
will require the City & Suburban Railway
to exhibit accounts of tho company's
earnings and disbursements. The com
pany will be obliged to comply by the
terms of its franchise on Morrison-street
bridge. The exhibit will be Interesting,
because it will probably induce the county
to exact more than $150 monthly rental for
the use of the bridge.
About one year hence the new bridge
will "be finished and the company will
have to pay 3 cents per crossing, or $12,000
minimum a year, to run Its cars over the
structure. But the county has the
power to Increase the rental under the old
franchise, and this Is what It Is about to
do.
Tn llnti nf 4 Yin 1SA vantal tlu Annttr
has the right at any time to collect 20
ppr cent. 01 tne company s net. earnings
on the structure. This right is stipulated
In the contract which gave the company
a lease to the bridge for a period of 20
years from July 1, 1S33.
The railway bound itself in that con
tract to keep af all times during the con
tinuance of the lease "strict and accurate
accounts,' which shall at all seasonable
times be open to the inspection and ex
amination of said Bridge Committee,
County Court or other officer, agency or
tribunal having charge and management
of said bridge." Such accounts must
show the monthly receipts of all the com
pany's lines and of the lines operated on
the bridge: also the total expenses of op
eration and the amount of Interest on the
bonded Indebtedness of the company.
Company Evades Inquiry.
Several times the county authorities
have endeavored to persuade the com
pany to yield a report of Us earnings
and expenses. Each time they have been
put off by some excuse or other from
the urbane Manager Swlgert: Four or
five months ago County Auditor Brandes
paid Mr. Swlgert a little visit. The genial
manager hemmed and hawed and Mr.
Brandes didn't get what he wanted. Last
Juno the County Court sent a letter to
Mr. Swlgert, asking for the desired favor.
The response said that the auditor was
out of the city and would not return
save In two or three weeks. The company
would cheerfully comply with the request
on the auditor's return. Hoping this was
satisfactory, Mr. Swlgert remained yours
truly, etc.
This morning the County Board will
look Into the matter. There is good rea
son to believe that the county can col
lect much more than $150 a month from
the companj. Opinions vary as to the
amount that could b5 secured. One man
who until recently has been closely con
nected with street railway affairs In this
city, and who has made a close study of
tho City & Suburban's business, ventures
the opinion that the contract, if enforced,
would bring to the county $1000 Instead of
$150 a month. This estimate is based on
the 1100 trips dally which the company
makes over the bridge.
Until recently the 20 per cent stipulation
in the contract was In oblivion. Even Mr.
Swlgert had forgotten it- "I don't know
of any such provision In the franchise,"
he remarked to a county official after
somebody had brought it to light
County authorities believe that the com
pany would surely fight the new law re
quiring If to pay 3 cents a crossing, or
$12,000 minimum per year, were It not for
the existing contract. The railway has
opposed the new law as It could, and has
even called the terms of the new fran
chise extortionate. However, It Is cqm
Ing around to all the requirements fixed
by the Legislature and the city.
Bridge Rental Mar Incrense.
When the franchise was let by the
Bridge Committee eight years ago, $150 a
month was probably considered the equiv
alent of 20 per cent of the net earnings.
But since that time street-car traffic has
become very much greater, and still the
company pays the old rental Officials of
the company have said that the low
rental was one of the factors in the sell
ing price of the bridge, which the City &
Suburban really owned. But by the terms
of the franchise this allegation does not
sjjem to accord with fact.
If the 20 per cent collection would not
bring in $150 a month to the city, county
Officials WOUld like to knnir if on ,
company will probably give the desIredJ
nuuuiiiuuii cneenuuy. uut u the 20 per
cent would bring In more than $150 a
month, the county authorities would like
to know that also.
Terms of the Agreement.
The agreement whereby the City & Sub
bft,nwa1 t0 Pa,150 a month contained
tne following proviso:
Provided, that If said party of the first
part, or said bridge committee, or said
County Court, or other officer, board.
?J?!!al S asency having the charge
c ! and management of said bridge
shall at any time elect, they shall have
and are hereby given, the right to take
and receive, and the said party of the
second part, its successors and assigns
hereby agrees to pav as rental and com
pensation for the use of said bridge rail
way tracks and wires. Instead of said
fixed monthly rental of $150, a sum per
month equal to 20 per centum of the net
earnlnjrs during such month, of all' the
lines of railway belonging to and. oper
ated by said party of the second part. Its
successors and assigns, the cars of which
are run over said bridge: and said 20 per
centum shall be ascertained and deter
mlnea as follows:
The said party of the second part shall
and hereby covenant and agree, at all
times during the continuance of this lease
KeP, st5ct and accurate accounts, which
snail at all seasonable times, be open to
.i.c.iuiiuu una examinanon of said
part of Jie first part or said bridge
committee. County Court or other officer
agency or tribunal having charge and
management of said bridge, showing the
total monthly receipts of all the railways
then owned and operated by said party of
the second part, its successors and as
signs, showing also the total monthly re
ceipts of the lines the cars of which are
run over said bridge, and showing also
the total expenses of operating and main
taining all of the railways of the said
party of the second part. Its successors
and assigns, and the amount of Interest
upon ihe bonded indebtedness of said par
ty of the second part, its successors and
assigns, and. In order to determine what
sum shall constitute 20 per centum of the
net earnings of the lines the cars of which
are in across said bridge, there shall be
added together the total expense of oper
ating and maintaining all of the railways
of the said party of the second part, its
successors and assigns, for each month
toretber with the Interest accruing during
such month upon its bonded indebtedness
and the total of said sums shall be de
ducted from the groas receipts of said
party of the second part, its successors
and assigns, for such month, thus ascer
taining the total net earnings of the en
tire railways of said party of the second
part. Its successors and assigns, for such
month. It shall then be computed what
percentage of the gross earnings of said
entire railways said earnings amount to
and the net earnings of the lines of rail
way the cars of which are operated-over
said bridge shall be taken and considered
to be a like percentage of the gross re
ceipts of said lines of railway, the cars of
which are run over said bridge, and 20
per centum of such net earnings so as
certained of the said lines of railway the
cars of wnlch are run over said bridge
shall be paid each month to the party of
the first part or to said bridge committee.
or to said County Court, or other officer,
agency, board or tribunal having the
charge, management and control of said
bridge and shall be paid monthly in like
manner and at the same time as above
provided for tho payment of said monthly
rental of $150.
It shall at all times be optional with
the said party of the first part or said
bridge committee. County Court, or other
officer, board or tribunal having the
charge, management and control of said
bridge, to take and receive as rental for
the use of said bridge by the party of
the second part, its successors and as
signs as aforesaid, either the said fixed sum
of $150 per month or 20 per centum of the
net earnings, to be ascertained as above
provided, of ihe lines of railway of the
said party of the second parr, its successors
and assigns, the cars of which are ran
over said bridge.
EAGLES PLAN GREAT TIME
National Convention Banquet Will
Be Attended by Roosevelt.
NEW YORK, Aug. IS. The annual Na
tional Convention of the Fraternal Order
of Eagles will be held at Tammany Hall
the first five days of next month. It will
be attended by representatives of lodges in
every state in the Union. On the first
day general business will be transacted
and officers elected; the grand parade will
take place on the second day; on the third
day there will be a banquet, and on the
fourth and fifth- days the visitors will be
shown about town. President Roosevelt,
who is an honorary member of the Cow
boy Lodge at Cheyenne. Wyo., will be in
vited to attend the banquet.
MAKING READY FOR MINING MEN.
Deadvrood "Will Entertain Prominent
People at Annual Congress.
DEADWOOD. S. D., Aug. 13. Prepara
tions for the American Mining Congress,
which Is to 'convene in this city and Lead
September 7, arc progressing rapidly. The
various bureaus are busily engaged In
correspondence, and the Indications are
that the session will be a record-breaker.
Director George E. Roberts, of the mint,
will have on Important paper on '.he pro
gramme. Word to this effect has just
been received.
Secretary Shaw has engaged his rooms,
coming as the personal representative and
at the personal request of President
Roosevelt. It Is certain now that the
question of a mining department In the
Cabinet will come up for exhaustive dis
cussion, and It Is believed that Important
action on this matter will be taken.
Among the Governors of states who
have already secured rooms are James H.
Peabody, of Colorado; S. R. Van Sant, of
Minnesota: John T. Morrison, of Idaho,
and Charles K. Hertied, of South Dakota.
They wJU head delegations from their re
spective states.
Wire pulling has already begun for the
session of 1901, El Paso. Tex., Omaha and
Arizona and New Mexico are already In
tho field. The last two have combined
their forces In favor of Arizona.
The greatest collection of precious min
erals ever exhibited will be nere. This
will Include the individual collection of
the Homestake mine, the greatest gold
producer of the world; the collections of
the Black Hills, Colorado, California and
Idaho, besides smaller collections from
other gold and silver-producing states.
Idaho is preparing what Is believed to be
the greatest and most complete single col
lection ever made.
Scottish Clans Begin Session.
CLEVELAND, O., Aug. 18. The twenty
first convention of the Order of Scottish
Clans of the United States and Canada
began here today and will continue until
Friday night. The order meets biennially.
Delegates are present from every state in
the Union, and from as far away as Hall
fax. It Is expected that some amend
ments will be made to the constitution
and by-laws.
DENY ESTATE IS WASTED
Executors of Will of II. B. Plant
Answer Snlt to Oust Them.
NEW HAVEN. Conn., Aug. IS. The ex
ecutors of the will of the late Henry
Bradley Plant today filed In the Probate
Court their answer to the application of
Charles T. Hoadley and Horace G, Hoad
ley, of Waterbury. for the removal of the
executors. The Hoadleys, who are mak
ing a legal fight for recognition as col
lateral heirs of the Plant estate, which
Is said to amount to about $20,000,000, al
lege the executors were wasting the es
tate, and that the probating of the will
was wrongfully removed from the juris
diction of the Connecticut courts to New
York.
In their reply the executors, who are
Morton F. Plant and Margaret J. Plant,
son and widow of the late millionaire, and
George E. PlUey, declare that the appli
cants have no pecuniary Interest In the
estate except as annuitants under the
will, and that the application Is not
brought In good faith. They move that
the petition be dismissed. A hearing will
'be held later.
EXTEND SYSTEM.
French Institution "Will Exchange
Pupil Teachers With Colombia.
PARIS, Aug. 18. It Is proposed to ex
tend to primary education the system of
exchange of pupils which now exists be
tween Columbia Unlerslty and the edu
cational authorities here. The scheme,
which has been officially approved, pro
vides for sending every year one of the
best pupil teachers of the Ecolo Normals
Primarie at Auteull to the New Paltz
school. New York, which will reclproca
bly send a pupil teacher to AuteulL
TRAIN ORDERS MISREAD.
Rear-End Collision ResnltM in In
juries to Three Men.
PATERSON, Utah. Aug. 18. A rear-end
collision occurred on the Union Pacific
near here today, injuring Louise Lason. of
Omaha; Thomas Kennedy, of Kansas City,
and a fireman, name not known.
The collision was the result of a misun
derstanding of orders, the eastbound fast
mall crashing Into the caboose of a freight
train. Two hundred feet of track was torn
up and traffic delayed several hours.
RUMOR HAS QUAY DEAD.
Pennsylvania Senator, However, Is
in Ills Usual Good Health.
PITTSBURG, Aug. 18. Senator M. S.
Quay arrived In Pittsburg today on his
way to his home at Beaver, from South
ampton, L. I. Early today a sensational
report was circulated that the senator
had died suddenly on the train while en
route to this city. It is not known how
the false report started, as Mr. Quay was
in his usual health.
NO LONGER MOLEST KING
Visitors at Mnrlenbnd Spring Obey
Orders of Bnrgomniter.
NEW YORK, Aug. IS. An urgent re
quest by the Burgomaster of Marienbad
to visitors not to molest King Edward ap
pears to have produced the desired effect,
says a Times dispatch from Vienna, by
way of London. His Majesty has made
several short excursions, and has ordered
a motor car for the purpose of making
longer ones.
MORE MEN IN WATER SUIT
Kansas Now Snes Irrigation Com
panies as Well as Colorado.
WASHINGTON, Aug. IS The amended
bill of the State of Kansas, m the case
instituted by that state against the State
of Colorado to restrain the latter state In
the use of the water of theArkansasRlver
for Irrigation purposes, was filed today in
the United States Supreme Court. The
I Seeing is Believing Cjl
X It is hard to beuere an Evaporated Creara can 9IHMMHIHRHIH&
SB make so many delicicus dishes until you try it
B yourself. When you do, be sure you get jH
I Economy Brand &s&J!S3 I
P J herewith. It is a guarantee
Evaporated Cream 1
9 k9. eaTT constant consistency. It delights the cock and ticldes the palate. sSSt
SMHBsV i- slre yoa see tae a? h&cl on the can before you buy. Hj
m9BSHs It a the cap of merit the sign of honest goods. M
HELVETIA MILK CONDENSING CO., I
amended bill makes 17 of the leading Irri
gation companies which secure water
from the Arkansas River parties to the
suit, whereas in the original bill the State
of Colorado was the only defendant.
It Is alleged that the entire flow of water
In the Arkansas has been appropriated by
Colorado and by corporations organized
under the authority of that state.
FOR DEFYING CASTRO.
Merchants at dudad Bolivar Refase
to Recog-nlie Venezuelan Decree.
PORT OF SPAINTTrlnldad, Aug. IS.
Authentic Information was received this
morning announcing the imprisonment of
French, German and Italian' merchants' at
Cludad Bolivar, Venezuela, which port
was recently recaptured from the rebels
by President Castro's troops, for refus
ing President Castro's demand for the
payment of taxes already paid to the de
facto government. President Castro de
mands the payment of arrears for the
period of occupation of Cludad Bolivar by
the revolutionary government. The
amount demanded exceeds $65,000. The
merchants refuse to recognize President
Castro's decree abolishing Cludad Bolivar
as a port of entry, and decline to ship
goods via Carupano.
It Is reported that President Castro has
threatened to annihilate the commerce
and expel the foreign community of
Guayana, on the Orinoco. The native and
German firms at Caracas appear to be
seeking to control the entire Orinoco im
port trade. There is no money In the
Orinoco country and the distress Is very
great. AH the American river boats and
interests up the Orinoco are at a stand
still, being unable to move In consequence
of President Castro's determination to de
stroy the trans-shipment trade In Ameri
can and European goods in the Trinidad
and the Orinoco River country.
ARBITRATORS ARE XAMED. "
Cxnr Selects Men to Act In Venezue
lan Case at The Hcruc.
WASHINGTON, Aug. 18. Mr. Riddle,
the American Charge at St. Petersburg,
has cabjed the State Department that
Mouravleff, the Russian Minister of Jus
tice, Hardy, the Swiss Minister to Paris,
and Professor Matzf, of the University of
Copenhagen, -have been named by the
Czar of Russia as arbitrators at The
Hague, of the cases between Venezuela
and the blockading powers.
The three arbitrators named by the
Czar are members of the International
Court of Arbitration at The Hague.
GREAT ROMAN DISCOVERY
Base of Famous Statue of Emperor Is
Struck by Workmen.
ROME, Aug. 18. A most important dis
covery was made today during excava
tions in the Roman Forum, consisting of
the base of the celebrated equestrian
A MAGAZINE ' OF CLEVER FICTION
I SEPTEMBER OUT TO-DAY 15c. I
I 1 "PcTtf381 Twty-row Stories,!
I iVV A. Essays and Poems . . I
I EVERY STORT COMPLETE!
15he BLUE MOONl
I By LUCIA AJCP ESTHER. CHAMBERLAIN 1
Till the End of Time, Cosmo Hamilton
Dance Mxsic, JtiHexi Gordon
The Blind Madonna, Harold MacGratii
The Cruise offfie Dora. Sosseti,
JosepiV C Lincoln
The Jimerican Husband, Gertrude Atl&erton
First Lave, J. J. Bell
The Lonesome Jpad, O. Henry
Dick, Tom and Harry E. Nesbit
Ji Cottage in Matsushima, Onoto Wetanna
And Others
This number
Prizes to readers
is, they contain n o corn an ingredient that
cheapens the cost of brewing and injures the
quality of the beer. The mark of purity
The "A" and the EAGLE
identifies the products of the
Anheuser-Busch Brewing Ass n
RTTTWT?7QT?"P "&S of Bottled Beers."
JD.U U W S:sX$M. S3.790.300 bottles sold in 1902.
Orders promptly ailed 'by
S. A. AEA.TA & CO., Wholesale Dealers, Portland, Oregon.
statue of the Roman Emperor Domitlan,
Which is of the greatest Interest in deter
mining the topography of the Forum dur
ing the fifth century of the empire.
The base stands five feet below the pres
ent level of the Forum. It is 40 feet long,
20 feet wide and over 10 feet high. On the
top are three blocks of stone, showing
where the feet of the horse stood. The
fourth block is lacking. Indicating that
the right forefoot of the horse .was raised.
The distance between the blocks is so
great that It Is calculated that the statue
was six times life size.
WOMAN HANGS HERSELF
Port Antreles Womun Commits Sui
cide While Insane.
PORT ANGELES. Wash., Aug. 13.
(Speclal.)-Early this morning, during the
temporary absence of her husband at his
barn, Mrs. David Mossman committed
suicide by hanging herself to a beam In
her bedroom in their residence In this
city, using a twisted sheet for a rope
She was undoubtedly mentally deranged.
Steer Derails a Train.
HORSE CREEK. Wyo.. Aug. IS. Con
ductor M. J. Sullivan, of northbound Col
orado & Southern freight train, was killed
five miles north of here this morning, and
Brakeman Selbert was badly injured. The
train ran into a steer. Two cars were de
railed, on one of which Sullivan and Sel
bert were riding, and they were thrown
under the train.
Policeman Shot Making an Arrest
CHICAGO. Aug. 13. Policeman Joseph
Hunkler was shot and fatally wounded
early this morning by Walter Gleason.
whom he had arrested for creating a
disturbance on the street. Immediately
after shooting Hunkler Gleason shot
himself near the heart. Inflicting a wound
that will cause his death In a short time.
Fire on Militiamen at Scene of Itlot.
DANVILLE, 111., Aug. IS. Much excite
ment was caused here late tonight when
one of three young men fired shots At
Guards PIfer and Perkins, members of
one of the militia companies that have
been on duty at Danville since the re
cent riots. Neither of the guards was In
jured, and they did not return the fire.
Alfred Wheeler, Pioneers.
SAN FRANCISCO, Aug. 13. Alfred
Wheeler, a pioneer of California, and. for
nearly 54 years an attorney-at-Iow, in San
Francisco, died to-day at the Waldeck
Sanitarium at the advanced age of SI
years.
Minister Drops Dead.
WARSAW, Ind., Aug. IS. While prepar
ing for early devotional services at the
Winona Bible Conference, today, the Rev.
E. I. Davles, pastor of the Presbyterian
Church of Tecumseh, Neb., dropped dead
of heart failure.
a of $4,000.0 1
Barley-Malt
Best Hops
No Corn
One reason for the
superiority of the
Anheuser-Busch brews