10
THE MOENIHG OREGONIAN, WEDNESDAY, SEPTEMBER 23,
NOGAUSETO KICK
Report ofCommittee on
Bar Jetties.
DELAY IS NOT SERIOUS
Stone Up to Requirements of
Size and Quality.
DREDGE HAS BEEN RUSHED
Chamber of Commerce Agrees That
Delny Wn Unavoidable Twen--ty-Two
Fefct of Water
at Low Tide.
The Chamber of Commerce yesterday
decided that the extension of Columbia
bar jetty, while delayed, is going for
ward as rapidly as circumstances permit.
The Chamber arrived at this decision,
from the investigations of its standing
committee on navigation.
The report of the committee was adopted
by the trustees of the Chamber without
discussion. The trustees present were W.
J. Burns, L. A. X.ewis, W. H. Corbett,
Samuel Connell, A. F. Biles and Alfred
Tucker.
The navigation committee is composed
of George Taylor, E. T. "Williams, Alfred
Tucker, W. S. SIbson and W. D. "Wheel
wright. -Mr. Wheelwright is not in the
city, and did not participate in the in
vestigations of the committee.
"Our report," said Chairman Taylor
yesterday, "is the product of extensive
Inquiry and mature deliberation. We
made an impartial quest after facts and
we have set them forth as faithfully as
we could. As to the dredge matter, we
shall not report until we secure further
information."
Investigation "Was Thorough.
The committer spent a full week gather
ing information about the Jetty. Mr.
Taylor visited the Jetty about three weeks
ago, and thereby acquired close informa
tion about actual conditions. The whole
committee conferred with Major L.angfltt
and Assistant Engineer Hegardt, who put
the members in possession of the precise
facts.
The members are all practical shipping
men. They regret the delay for It means
as much to them as to anybody, but they
see no help for It. It took them no time
at all to see that the Government engin
eers and the stone contractors are doing
as well as they could be expected to do.
The report is as follows:
Report of Committee.
PORTLAKD. Or., Sept. 21. 1003. Chamber
3f Commerce, Portland, Or. Gentlemen: Your
navigation committee, to whom was referred
the questions of the present condition of the
bar and thjs standing of the improvements on
the Jetty, bejr to report as followa:
The Government Engineers informed us that
the latest official survey of the bar was made
In June, showlnir 22 feet at mean lower low
water. This has been confirmed unofficially.
The pilots, we believe, claim about a foot less
than this, which resulted, we understand, from
ihe different methods in measuring. In any
case, the depth of water la about a foot more
than last year.
Contract for the Jetty.
Tour committee called on Major Langfltt.
jif the United States Engineers, who most
courteously gave them the Information they
Asked for. The Korthwest Construction Com
pany, to whom the contract was awarded for
the rock to be provided for the Jetty, are con
siderably behind in their supply of the rock,
but by October 10, when their time expires for
the completion of the first contract, they will
be only about one month behind, or say, 50,000
tons, which could be very readily made up
within the" month, when they get the second
contract solng, and which 50,000 tons would
add only about 500 feet to the Jetty. The
contractors are now delivering from 1000 to
1200 tons per day, and expect in a week or
io to be delivering 2500 tons, or more, per
flayl L
The first contract calls for 150.000 tons of
rock of various sizes, which Is being supplied
from quarries just below Maygers, and the
second contract, mostly requiring larger rock,
will be furnished from Busby's. The Govern
ment Is keeping the Jetty Just far enough
ahead of the rock to protect It from storms
and the possibility of washing out; and the
Construction Company Is so far up to Its work'
that the jetty will have to be extended some
what to allow of the Government's receiving
the quantity of rock, as tendered by the Con
struction Company, before shutting down for
the "Winter. The time of commencement for
the delivering, of rock on the second contract
will not Be until the 10th of next October, but
Major Langfltt and his assistants say that the
delivery on this second contract will commence
this week.
Quality of the Rock.
There has been a great deal said in the pub
lie prints and by 'Irresponsible parties that
the quality of the rock Is very poor. Tour
committee is assured that the rock already fur
nished is entirely in accordance frith the
specifications as to size, which called for
pieces ranging from 25 to 1000 pounds, and
then on up to six or eight tons, all of which
requirements have been amply fulfilled. Mr.
Hegardt, the superintendent at Fort Stevens
and who took care of the former rock work
on the Jetty, states positively that the rock
furnished is of full' as good quality as it is
possible to get from any quarry In this neigh
borhood. Also, that the Construction Com
pany, In a great many instances, has delivered
larger rock than was called for.
Regarding the statement that rock dumped
over the jetty has disintegrated and broken up,
the statement is absurd, for it is a fact that
.positively no rock Is yet showing above the
water, nor near enough to the low water line
to allow of lt3 being seen except by a diver.
At the time of the commencement of the
work the most absolute and positive instruc
tions were given to the superintendent at Fort
Stevens, that no rock was to be received which
Ud not come fully up to the requirements,
both as to quality and size of pieces, and from
the well-known reputation of Major Langntt
and that of his superintendent, Mr. Hegardt,
we are very safe In assuming that this has
been fully lived up to.
It will not be possible to continue the work
very much longer this Winter, which was
entirely expected by those who are familiar
with" the conditions at the mouth of the Co
lumbia River, as it would be most dangerous
to both life and property to attempt to con
tinue the work on the Jetty, five miles out at
eea during the "Winter months.
Major XAngfltt very kindly extended an Invi
tation to the committee or any members of
.the board of trustees, to take a trip to the
Jetty, when every Information would be given
them and the whole works shown, but this
was considered by the committee as hardly
necessary, especially as some of its members
tbave lately been out on the Jetty, and the
Information given by Major Langfitt confirms
what they saw, but it can be easily arranged
If desired.
Tour committee cornea to tho conclusion
and .hereby reports that although the North
west Construction Company Is somewhat be
hind In (Its delivery of rock on its first con
tract, the delay therefrom is not serious, and
has made no material difference in the work
that could have been done towards the exten
sion of the Jetty for this Winter, and that
everything that could - reasonably have been
expected has been done by the Government
officials and by the Northwest Construction
Company in prosecuting the work at the
mouth of the Columbia River.
Respectfully Tours,
GEORGE TAYLOR,
Chairman.
E. T. WILLIAMS.
W. S. SIBSON,
ALFRED TUCKER,
Navigation Committee.
"Work on. the Dredge.
It Is quite likely that the committee's
report on the dredge will be of the same
tenor as on the Jetty. From all that the
committee has learned, the building of
the dredge has been rushed as fast as has
been possible or has been convenient to
the Navy Department.
DEFENSE OF REFERENDUM
Briefs Submitted to Supreme Court
by Friends.
The "friends of the court" who will ar
gue to sustain the validity of the initiative
and referendum before the Supreme Court
have prepared two briefs. The first sub
mits that the declaration of emergency of
the Legislature, placing In immediate ef
fect the new Portland charter under the
Initiative and referendum was constitu
tional and valid. The second maintains
that the initiative and referendum- itself Is
constitutional and valid. Both submit that
the decision of the Circuit Court of Mult
nomah In Kadderly et al. vs. the City -of
Portland should be reversed.
The Circuit Court held that the ulti
mate decision as to whether a law Is nec
essary for the Immediate preservation of
the public peace, health or safety "can
not be controlled or affected by any reci
tals In the bill" to that effect. "The elab
orate provisions designed to afford the
electors an opportunity of approving or
rejecting measures adopted by the Legis
lative Assembly would prove of Httlo
value, were the construction adopted that
the Legislative Assembly possesses the
absolute power to decide in what cases
the referendum power may be exercised
by the people."
The first brief argues that the question
of emergency Is political and not Judicial
and is to be decided by the Legislature
in every case and not by the courts. It
sets forth also that the initiative and. ref
erendum does not apply to local laws.
The second brief submits that the
amendment is a valid part of the constitu
tion. It argues to three conclusions:
"First The Judicial department has no
Jurisdiction to pass upon the ratification
of any amendment to the constitution;
that power rests exclusively in the polit
ical department, composed of the legis
lative and executive departments of the
state government. The initiative and ref
erendum amendment Is a part of the con
stitution because It has been submitted to
the people by two consecutive Legislative
Assemblies and ratified by a majority of
the electors of Oregon.
"Second The amendment was legally
submitted and ratified under the legis
lative construction of Article XVII of the
constitution and under the well-settled
rules of law such legislative construction
is conclusive upon the court.
"Third Assuming that the court has
jurisdiction and that such legislative con
struction of Article XVII is erroneous, the
amendment was legally submitted and
ratified because no other amendment was
legally pending either before the Legislat
ive Assembly or before the people at the
time the initiative and referendum amend
ment was proposed."
The Circuit Court held the amendment
invalid because other amendments were
pending when Jt was proposed.
The first brief Is signed by Mayor Will
iams, J. B. Waldo, W. S. V'Ren, Senator
John H. Mitchell, J. C. Moreland, Gover
nor Chamberlain, Tllmon Ford, George
C. Brownell, C. E. S. Wood and J. N. Teal.
The second brief has the same signatures
except that of Mayor Williams, who feels
that his official position restrains him
from participating In the argument over
the initiative and referendum.
SOCIAL LIONS MURDER HIM
Prominent Pole Seijred and Poison
Injected Into His Forehead.
NEW YORK, Sept. 22. A case of mur
der by the Injection of poison by means
of ahypodermlc syringe is reported, says
a London dispatch to the Herald, by the
Moscow correspondent of the Dally Mall,
who writes that an unpleasant smell pro
ceeding from a wicker basket which ar
rived as luggage at the Brest railway
station in Moscow, and forwhich no
claimant appeared, caused an examina
tion to be made, when the body of a well-
dressed man was found. An examina
tion showeu that death had resulted
through the injection of poison under the
skin by means of a syringe. Inquiries
were instituted which proved that the
murdered man was a well-to-do land
owner named Martin Tomashesky. The
perpetrators of the crime have -been dis
covered. The chain of evidence Is so com
plete that they have admitted their guilt.
The circumstances under which the deed
was committed are of a highly sensational
character. Tomashesky had no occupa
tion, and resided at a hotel. He was pas
sionately fond of cardplaylng, and visited
a club every night, where he played for
heavy stakes, and was as a rule very for
tunate. On the day of the murder his
cousin called at the hotel and asked him
to come to his mother's house to play
cards with two other friends of the fam
ily. Then at -a. given signal he was seized,
his mouth covered so that he could not
cry for assistance, and the poison was
injected under the skin of the forehead.
The three men then watched the effects
of the poison for about half an hour, at
the same time taking his money from
his pockets, which they divided among
themselves.
After their victim died they placed the
body in a basket, and one of the men
tied a piece of cord tightly around the
throat to make sure, as he says, that there
could be no further trouble with the mur
dered man.
The perpetrators of the crime were con
fident that their social positions would
prevent any suspicion falling on them. It
was only after the strong chain of evi
dence had been completed that they con
fessed. DEMAND FOR BEER GROWS
BreTvers Find, However, That Great
er Economy Munt Prevail.
PHILADELPHIA. Sept. 22. At today's
session of the Convention of the United
States Master Brewers' Association, the
400 delegates formulated a plan whereby
stricter economy would be exercised about
breweries by employes, so that material
would not be wasted. The art of brewing
was also discussed in detail and some few
economical phases were brought out to
lessen the cost of production. It was
found by the reports of delegates from
nearly every part of the United States,
that the beer market was widening, and
that the consumption of It was steadily in
creasing, i
i The apprentice question, as taken up,
consisted mainly In devising plans where
by thoroughly capable young men could
be employed and taught how to brew beer
to a perfected state. The delegates also de
scribe the methods by which the brewing
industry would reach the acme of per
fectlon.
No mention was made at this session of
the question of the quality of beer. Un
officially, It was said that no complaint
outside of Philadelphia, had been made
of the ingredients of the beverage.
The convention adjourned after select
ing St Louis aa the next place of meeting.
The present officials will servo for another
year.
DO YOU WEAR. GLASSES?
Properly fitting glasses and MURINE
promote Eye comfort. Murine makes weak
Eyes strong. Druggists and opticians, or
Murine Eye Remedy Co.. Chicago.
WILL NOT RESIGN
Mrs, Riggs Will Ignore State
Commission's Demand.
IT CANNOT DICTATE TO HER
Superintendent of Florence Crltten
ton Home Says Only Board of Man
agers Can Make Her Resign
Board Is Divided.
Mrs. Biggs hurls defiance at the State
Commissioners of the Crlttenton Home.
Will she be ousted? Not she, and chal
lenges her enemies. Resignation, in her
view, would put her "under a cloud" and
that's what she can't and wdn't endure,
indeed she won't, so there's no use talk
ing about it.
Things are getting into a pretty fix,
that's a fact.
Mrs. Riggs, at Mrs. Breyman's house
the other day adverted to Governor
Chamberlain's letter as a "death blow,"
but after thinking It over all night she
decided not to surrender In passlveness
and nonresistance.
Here is Mrs. Riggs' defiance as pro
mulgated yesterday:
"The State Board of Commissioners
is not responsible for my appoint
ment as superintendent of the Flor
ence Crlttenton Refuge Home, and
consequently Its members have no author
ity to demand my resignation. The Com
missioners were named by Governor
Chamberlain to audit the expenditure of
JCOOO appropriated for the Home by the
Legislature, and further than performing
that duty they have nothing to say about
the mismanagement of the Home's affairs.
They have charged me with mismanage
ment and have asked me to resign. I re
fuse to resign. I do not expect the State
Commissioners to acquiesce In retaining
me as superintendent of the Home. The
only alternative, then, unless the local
managers request that I resign. Is for
the Commissioners to refuse to audit any
more bills incurred by the Home. I pro
pose that I shall be set right before the
world, because I would rather be right
than be superintendent.
"The State Commission has nothing to
say about what I shall do in the prem
ises. All It can do Is to refuse to audit
any bills that may be presented, or ac
quiesce In retaining me as superintendent
of the Home. I never expect the members
to acquiesce. The feeling exhibited at
yesterday's meeting was an evidence that
they have their minds made up fully to
oust me from office. But I have some-
thing to say about that, and the board
of local managers has something to say
about it."
If Mrs. Riggs were fighting the three
commissioners alone, she might hold the
fort, but a strong contingent of her own
board of managers is yoked up with the
commissioners and is pulling against her.
Even more than a majority of her own
board is thus lined up in opposition.
Here's how the women divide:
For Mrs. Rljrcs
Against Mrs. Riggs
Mrs. H. H. Crosier
Mrs. M. E. Hoxter
Mrs. A. J. Hamilton
Mrs. Frank Hacheney
Mrs. Riggs
Mrs. S. M. Kern
Mrs. L. J. Amos
Mrs. R. T. Rankin
Mrs. Hamilton Meade
Mrs. J. C. Moreland
Miss F. A. Hayden
Mrs. H. J. Shane
Mrs. Agnes McGowan
Mrs. H. C. Albee and Mrs. S. E. Foster
are also members of the board, but sel
dom go to Its meetings. Their allegiance
is in doubt, but it Is claimed by the antl
Rlggs faction. But how they will line up
makes little difference because nine of tho
15 members have made common cause
against Mrs. Riggs.
These nine can bring tremendous pres
sure to bear on Mrs. Riggs without a
doubt, but can they force her to resign?
Probably not from the presidency of tho
board of managers, for she was elected to
that office last April and her tenure is to
last until a year from that time. As to
the office of superintendent, that's differ
ent, perhaps, but if It Isn't Mrs. Riggs
can hold on. But she would bring calam
ity to the Home, because her retention
will shut off its sustenance.
The women will look up their constitu
tion and by-laws about superintendent.
The name of that office was originally a
euphemism for matron, for when Mrs.
Riggs moved over town three years ago
"matron was not good enough. This is
why Mrs. Brown out at the Home is
"matron" and Mrs. Riggs in Macleay
building Is "superintendent," and some
body else out at the Home is "house
keeper." Mrs. Riggs' refusal to resign, if lone
continued, will get tho Home into a peck
of trouble. The commissioners will shut
off on the supplies of money. The Homo
thus thrown on its own resources, will
be put to severe straits. It will not be
able to pay running-expenses. Its matron
and its housekeeper will not get their
salaries, nor will Mrs. Riggs get her ?50
a month nor her office rent nor her tele
phone rent. The girls who go to and from
the Home will not have money for car
fare, nor will the butcher and the baker
get their bills paid.
Mrs. Riggs may hope to stave off all
this by getting out a mandamus to conv.
pel the commissioners to pay over the
monthly $250. But Governor Chamber
lain does not think this outome likely, be
cause the law gives the commissioners
full discretion In the disbursement of the
state fund.
His Excellency has counseled the com
missioners, should Mrs. Riggs keep up
her fight, to .notify all creditors of the
Home .that their board will not be re
sponsible for further debts.
Mrs. Riggs Is not so thriftless as not
to have saved a penny for a rainy day.
At least this Is what is told of her m
gossiping circles. She owns some prop
erty and Is not entirely dependent on her
salary In the Home.
RELIGION NOT CONCERNED
Hostility to the Mayor Attributed to
Purely Economic Grounds.
PORTLAND. Sept. 22. (To the Editor.)
That portion of your opening editorial
in Monday's issue which refers to Mayor
Williams administration merits some no
tice, and I trust you will pardon my
taking Issue with you on one or two
points.
The city's material progress Is the re
sult of conditions as far removed from
the Mayor's reach as the antipodes. If
her cleanliness is unparelleled in her his
tory, then she has had a filthy past; and
as for problems being grappled with as
fast as they arise, why taking a single
instance has so long time been allowed
to elapse in having the space between
the car tracks on Third street repaired?
Chiefly, however, would I draw atten
tion to the Mayor's attitude to the
gambling question. I think you do him
an Injustice in stating that he has
changed his opinion a3 to the eradlcabillty
of vice. Don't you mean that he has
changed his policy instead of his opin
ion? This is the purport at any rate of
his own statements to citizens who have
waited on him regarding the .question.
Moreover, according to his own state
ments, he has changed his policy not
because of any altered view on his part
as to the degrading effect of the vice,
and the possibility of enforcing the law
against it but because of pressure
brought to bear upon him. As to wheth
er this fact is proof of incorruptibility
of purpose and high motive, let those
who read Judge.
Yon say that the disapprobation which
his course meets from somo of the best
citizens Is with them not a question of
results In government, but one of relig
ious convictions. In this you are fun
damentally wrong, as he Is also In the
attitude he takes to the protests being
made. It Is not a. question of religious
views at all, except In so far as regard
for law underlies and permeates all re
ligion. Those who are behind this move
ment base their attitude and action solely
on the fact that Mayor Williams has de
liberately taken upon himself to elect that
not only shall the law of the state and the
provisions of tho city charter be Ignored,
but that he will pursue a course In direct
antagonism to them.. This is the rock
upon which the opposition fs based, and
no argument In the world can overturn it.
The fact that he is a lawyer of such long
experience makes his action all the moro
damnable, and if his policy Is persisted in
he will wreck himself ;and his adminis
tration, because he is running against one
of the fixed economic laws which ruth
lessly govern society, notwithstanding all
the attempts of men to evade them. He
Is rapidly falling to a lower place in the
public estimate, and the cause of this is
entirely his illogical and utterly unjusti
fiable attitude on this one subject. Tours,
A BUSINESS MAN.
This letter comes to us anonymously,
with no marks of Its authenticity, respon
sibility or origin. As a rule a correspond
ent signing "himself "Business Man" never
was in business, just as the propertyless
always sign "Taxpayer." We give It
space, however, out of a desire to be fair
to the Mayor's opponents, with this dis
claimer of the responsibility whidh might
properly attach to an anonymous letter.
'
MARKET COAST LUMBER.
President Sticlcney Will Create One
at Omaha.
In a speech delivered at an Omaha ban
quet President A. B. Stlckney, of the Chi
cago Great Western Railway, showed that
it is to be the policy of his road to en
courage the shipment of Pacific Coast
lumber products into the territory the
Great Western taps.
Ay' significant feature was that Presi
dent Stlckney urged the Omaha people to
prepare to make Omaha a great market
center for the lumber and shingles of the
Pacific Northwest. He urged that the
pineries of Michigan, Wisconsin and Min
nesota were practically depleted and that
the Middle West would have to depend
upon the Pacific Northwest for Its lum
ber and shingles.
The Chicago Great Western has recent
ly purchased extensive acreage near Min
neapolis and St. Paul for the purpose of
giving that road an opportunity to put in
great storage yards. Mr. Stlckney de
clares he anticipates a growth of the lum
ber traffic from the Pacific Northwest
which will make these yards absolutely
necessary. Something of the same char
acter is anticipated at Omaha.
The Interest shown by Mr. Stlckney in
the Omaha lumber market may mean that
the lumbermen of the Northwest have
gained a valuable ally. Pacific Northwest
lumbermen have been fighting for several
years to obtain rail rates that would en
able them to compete successfully in the
Missouri River territory against the yel
low pine manufacturers of the Southern
States. The railroads have not granted
the rates lumbermen believe are neces
sary. Mr. Stlckney's prediction is that the
Missouri River country will have to de
pend largely upon the Pacific Northwest
for its future lumber supply and he would
make Omaha a distributing center. If
he lends his influence to aid the lumber
men, it is possible that some further con
cessions may be made by the transconti
nental lines.
The Omaha has just completed Its line
Into Omaha, The road now has a line
from Omaha into St. Paul and another
reaching Chicago. The Great Western's
St. Paul line Is 25 miles shorten than any
other route, but its Chicago line does not
enjoy a similar advantage.
An Interesting" discrepancy Is shown in
a new folder just Issued by the Great
Western. The new Omaha line Is shown
very prominently on a detail map of the
system. On the two covers the familiar
maple-leaf design that has characterized
the Great Western's advertising for years
is shown. On the maple leaf the Omaha
line is hung up at Fort Dodge and appar
ently one would have to walk Into the
Nebraska metropolis if he patronized the
Stlckney route. The oversight In not cor
recting the maple leaf has crea'ted some
comment in railroad circles.
Xew Mileaa-e Book Soon In Effect.
CHICAGO. Sept. 22. It has been decided
at a meeting of passenger traffic officials
that the new 2000-mile Interchangeable
books will go into effect November 1.
The new book will be good on all trains
and no question will be raised as to
whether the person presenting it Is the
purchaser or not.
It was announced officially that the fol
lowing lines had entered the new Bureau
and would accept the book on their trains:
Chicago & Alton, Chicago & Northwest
ern; Chicago. Burlington & Quincy; Burl
ington Lines in Missouri: Chicago, Great
Western; Chicago. Milwaukee & St. Paul;
Chicago, St. Paul. Minneapolis & Omaha;
part of the Great Northern; part of the
Northern Pacific; Quincy, Omaha z Kan
sas City, and Wisconsin Central.
Officials of the roads represented In the
new mileage bureau say that all West
ern lines, with the possible exception of
the Rock Island, will Join the bureau as
soon as "it Is in operation.
Record for Earnings of Xevr Haven.
NEW YORK. Sept. 22. It is stated by
the Herald that the annual report shortly
to be submitted to the board of directors
of the New York. New Haven & Hart
ford Railway will show the largest gross
earnings In the company's history. The
total gross Is given as 547,296,000, an in
crease of $3,775,000. Net earnings were
$13,045,000. an increase of $1,094,000, and the
surplus, after charges have been deducted,
for the year amounts to $5,827,000, an In
crease of $L14S,000.
COURSES IN ENGINEERING
Important Addition to Studies at Co
lumbia University.
The introduction of courses In civil en
gineering, mechanical engineering and
electrical engineering accounts consider
ably for this year's Increased attendance
at Columbia University. Until these
courses were opened at University Park,
Portland was without, home facilities for
these branches of college work.
This year only students entitled to
freshman standing are admitted to theso
courses. Those who begin this term will
be advanced rapidly until graduation,
four years hence. The young men of
Portland who are unable to leave their
homes during the school year are welcom
ing the opportunity to take up these
standard courses so convenient to- their
homes.
Freshman work is also Introduced III
classics, English, general science, history
and economics, finance and commerce in
addition to the engineering courses above
mentioned. These courses are open to
high school graduates and all applicants
who have attained a corresponding grade
In reputable preparatory schools. The
academic courses at Columbia University
are attended by a large number of stu
dents who are doing their preparatory
work for these collegiate courses. The ex
pansion of the school in this respect is
looked upon as a principal cause for the
large increase in attendance this year.
The indications are that this Increase' will
reach 0 per cent, as it has now passed,
the 57 per cent mark.
Chamberlain's Colic, Cholera and
Diarrhoea Remedy.
The uniform success of this preparation
in the relief and cure of bowel complaints
has brought it into almost universal use.
It never falls and when reduced with
water and sweetened . Is pleasant to take.
It is equally valuable for children and
adults. For sale by all druggists
CHIEF WITNESS MISSING
TRIAL OF ACCUSED INCENDIARY
SUDDENLY STOPS.
Joseph. Slagee SecHres Release and
Goes Hopplclcing District At
torney Threatens a'Sarprlae.
Tne trial of Samuel Wolfe, a tailor, on
a charge of arson, set for yesterday, wa3
Indefinitely postponed by Judge George,
on motion of District Attorney John Man
ning, because Joe Magee, the principal
witness for the prosecution, has disap
peared. Magee was held in the County
Jail for some time to insure his appear
ance at the trial, but he finally succeeded
In getting on the right side of the officers
of the law, and promised that. If they
would only trust him with his liberty, he
would be on hand when wanted, but he
failed to keep his word, and Sheriff Storey
is searching for him, armed with a bench
warrant.
Wolfe is accused jointly with George
Hanlon of setting fire to a dwelling-house
at 321 East Eleven th street, on the even
ing of July 4, for the purpose of obtain
ing insurance which he carried on his
household furniture. The building was
owned by George Wagner and Herman
Elleinian, and part of It was occupied by
Hanlon and his wife. Mrs. Wolfe and
Mrs. Hanlon were not at home when the
fire broke out, and their husbands were
said to be out of the city at the time.
The theory of the prosecution, is that, if
Wolfe did not apply the match himself, he
caused it to be done, and this fact was
to have been proved by Magee. '
Wolfe's trial was set for yesterday, and
that of Hanlon was to follow. The de
fendants, who were at liberty on bonds,
were in attendance when court convened,
surrounded by friends and witnesses, and
represented by able counsel. F. P. Mays
appeared as attorney for Hanlon, and W.
T. Hame for Wolfe.
After three jurors had been called, and
the clerk was proceeding to read the
names of other Jurors from the list, Mr.
Manning came walking hurriedly Into the
courtroom, and, after raising his hand to
stop further proceedings, addressed Judge
Gfeorge, saying it was necessary to ask
for a continuance of the trial until the
beginning of October, and requesting the
issuance of a bench warrant, for the miss
ing vsltness, Joe Magee.
"He was allowed to go to the hopflelds,"
said Mr. Manning, "to pick hops. He re
turned, but left for parts unknown Mon
day iiight. He can testify to a letter he
received from Wolfe at Seattle, In which
he is told to be careful what he-says, and
that the Insurance will soon be paid."
The District Attorney, with a suspicious
glance at Wolfe, said Magee had been in
fluenced to run away, and that he wanted
a bench warrant Issued, and desired to
have him located and arrested. It was
necessary to make an example of wit
nesses who absent themselves in this man
ner. Mr. Hume, attorney for Wolfe, vigor
ously objected to any postponement of the
trial. He stated that they had all the
witnesses for the defense present, and
had brought witnesses from Albany and
Salem, and a continuance under the cir
cumstances was not proper. Counsel said
he was tired of hearing about witnesses
disappearing. The same thing happened
when the case of "Chick" Houghton was
called for trial on Monday. Aplund, the
man he was said to have robbed at
Rohbi's Park, had gone away.
"I have practiced law in Portland for
20 years," said Mr. Hume, "and I have
never, as District Attorney or otherwise,
been accused of tampering with witnesses.
I never have anything to do with a wit
ness on the other side; I don't care to
know anything about them whatsoever.
The District Attorney let Magee go him
self. He had him in Jail; why didn't he
keep him there? The order of the court
was that Magee should be held In jail or
be released on bonds, and yet he permitted
him to go to the hopfields. There Is noth
ing In the records to show that he was
released from the jail, and it appears to
me that Magee ran away because he was
afraid to testify."
"Don't make any grandstand play like
that before the jury," retorted Mr. Man
ning; "If you do. I'll read a letter found
upon Magee, Wolfe's co-conspirator, that
will shock both you and the Jurors."
"If you have got a play like that, make
it," declared Hume. "The court will
throw the letter out as soon as it is read.
What you ought to do Is to find the wit
ness. Your whole army of policemen and
Deputy Sheriffs ought to be able to get
him."
"I'll read portions of the evidence Ma
gee gave me," answered the District At
torney. '"Wolfe said it was easy to make
$50, and Magee he knew wanted money,
but did not like to do the work. Magee
knew Wolfe wanted to set fire to the
house. Wolfe had talked to another man
about It and to his partners."
Concerning the witnesses for the de
fense from Albany and Salem, Mr. Man
ning said: "They will simply say Wolfe
was in those cities at the time of the
fire. It Is reasonable to suppose that an
Incendiary would not be at home when
his house is burning. As to Magee, I
have Just received a note stating he is
hidiug In the city."
Mr. Hume read authorities to show that,
under the facts presented, the court was
not Justified in granting a continuance.
Judge George, however, decided to refer
the case to Judge Cleland, the presiding
Judee, to be reset for trial at some future
date, and allowed the application for a
bench warrant.
MANIA FOR SAVING MONEY.
Winters' Complaint Afjninst His
Wife ns Ground for Divorce.
George A. L. Winters, an electric line
man, says his wife. Bertha E. Winters,
desires to accumulate property at any sac
rifice, and In furtherance of her desire
contracts, debts which she does not pay
and which he Is unable to liquidate, much
to his annoyance. Winters has filed suit
in the State Circuit Court for a divorce.
They have been living at East Forty
first and East Main streets in a comfort
ably furnished house. Winters alleges, that
his better half. In order to save money,
rented the dwelling-house and moved into
the cowshed which, he avers. Is unfit for
human habitatl6n and unhealthy. He
charges that she neglects her household
duties, leaving the dishes unwashed for
days, and conducts herself In such a man
ner as to forfeit the respe6t of her nelgn
bors. Winters recites further In his complaint
that soon after MatUn V. Leasla had shoe
and killed his father-in-law, Drews, Mrs.
Winters obtained a revolver, which she
has since kept in the house, and has re
marked more than once that Drews got
what he deserved. Winters asserts that
the defendant possesses an ungovernable
temper and he is afraid of her. The
parties were married In August, 1900, and
tjte name of Mrs. Winters before marriago
wus Bohle.
Says Her Husband Is Cruel.
Belle Munson has sued Manuel Munson
for a divorce because of cruel treatment
and failure to provide, and she asks that
her former name, Nutt, be restored. The
litigants were married In Grant's Pass,
November 27, 1900. Mrs. Munson alleges
that her husband made a practice of
abusing and beating her and falsely ac
cused her of unchastlty. She says he
did not supply her with the necessities
of life, and she was forced to leave him
and go to her sister for assistance and
shelter.
Saves a Deputy's Salary.
Since the Board of County Commission
ers dispensed with the services of Deputy
Sheriff Adklns, who worked exclusively
in Justice Reld's Court, assisting Con-
stable Jackson, legal papers are sent by
the Constable to the Sheriff to be served,
when he has more work than he can do.
Adklns was discharged in order to save
the salary paid to him, $75 a monthJThe.
servlco of papers from the Justice Court
.direct from the Sheriff's office does not en
tall .any extra expense on the county, be
cause there are a number of deputies In
the, office, and the additional Justice Court
work can readily be divided among the lot
without entailing much extra duty on
each man.
COUNTY PRISONER INSANE.
Jailer Makes Chnrfre Against Man
Who Robs Churches.
County Jailer Jackson yesterday filed a
complaint in the County Court charging
John. C. Fabriclus, a prisoner in his cus
tody, with insanity. Mr. Jackson states
that the man has been having fits, and af
ter watching him closely for some time
he has reached the conclusion that he Is
mentally unbalanced. Fabriclus is ac
cused of stealing a magic lantern from
C. L. Hanson, valued at $60. . He is an
old offender and an ex-convict. His spe
cialty is robbing churches. Like Martin
Allen, the epileptic, he is probably crim
inally Insane, especially on the subject
of appropriating bibles, prayer-books,
church organs and things of that sort.
Lnnd Compnny Incorporated.
Articles of incorporation of the Arleta
Land Company were filed in the County
Clerk's office yesterday by T. L. Potter
F. L. Potter. H. L. Chapin and L M.
Chapln; capital stock, $1000.
ASSSAIL HIS NEGRO POLICY
Think Washington Puts Too -Much
Stress on Education.
NEW YORK, Sept. 22. Booker T. Wash
ington and his methods have been criti
cised by the local Presbytery In Its week
ly meeting, says a dispatch from Phila
delphia. The question was brought up
through the report of the Freedmen's com
mittee, of which the Rev. J. Calvin Meade
Is chairman.
The report gave credit to Washington's
influence for the increase of interest in the
board. It deplored "the animal trait in
the negro, which is so prominent," tind
continued: "Yet it is to be questioned
whether we should not balance the brutal
assault on womanhood with the subtle
power of seduction In which the white
man of social standingis an adept."
It urged the churches to "ripe above
prejudice and devote all energies toward
dealing with the negro problem," and de
plored any mob violence.
Immediately after the reading. Dr.
James A. Warden, superintendent of Sab
bath schools and missionary work, said:
"I seriously question the methods of
Booker T. Washington in educating the
negro. He is giving exaggerated Impor
tance to industrial education and subor
dinating the education of the spiritual and
religious influences. Booker T. Washing
ton was In a pulpit In this city recently,
and throughout his sermon .spoke on
horseshoeing and carpentering, not once
mentioning Christ. I believe that the Pres
bytery should choose their own leaders
for the higher education of the negro.
"I question whether the popularity of
Booker T. Washington helps the Freed
men, but It does help Washington and the
Tuskegee Institute."
Ansets of Concern to Go at Auction.
NEW YORK, Sept. 22. Notice of thein
tention of the syndicate which underwrote
the loan of $5,050,000 to the Consolidated
Lake Superior Company to sell at auction
the assets of the company held by them as
collateral for the loan was today ent by
Speyer & Co. to the officers of the com
pany. The details of the sale have not yet
been made public.
Gambler Cnnficlil Files Demnrrer.
BINGHAMTON.N. Y., Sept. 22. The de
murrer Jn the case of Richard Canfleld.
the alleged gambling-house keeper of New
York, was filed in the Supreme Court here
today. The argument will .be mode before
Justice Sewell next Monday. .
Cnptnln Korff Has Rheumatism.
ASTORIA, Sept. 22. (Special.) Captain
Korff, master of the British bark Aus
tralia, now lying at the quarantine sta
tion, was brought to the hospital here
last evening to- be treated for an attack
of rheumatism.
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Abbey's Salt of Fruits give the
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clears the complexion, and imparts
a glow of health to the cheeks.
Pimples disappear like frost before
the sun. If the bowels are kept in
perfect working- order, the system
cannot absorb this poison.
Every bottle is sold with an abso
lute guarantee that there is nothing
else so good for the stomach and
bowels as Abbey's Salt of Fruits
a most pleasant tasting tonic laxa
tive. At bedtime and in the morning
take two teaspoonsful of Abbey's
Effervescent Salt in a tumbler of
water not cold, there will be no
reactionary or bad after effects.
Abbey's Salt does not depress the
heart.
It is indorsed by the leading phy
sicians, and sold by the druggists in
all parts of the civilized world, 25c,
50c and $1.00 per bottle. Guaran
teed free from opiates and drug
stimulants. If you are not using
it send for a trial bottle free today.
Address the Abbey Effervescent
Salt Company, Ltd., 9 Murray
'Streetj New York City; 144 Queen
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HAND
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FOR TOILET AND BATH
It makes the toilet something to bo
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ft glownd exhilaration which no com
mon soap can equal, -imparting th
vigor and life sensation of a mildTurk
Jgfi bath. All Grocers and Dmgists,
Tobacco Heart
may be cured. Don't neglect vour
symptoms. Dr. Miles' Heart Cure
is a great heart and blood tonic about
which you will learn a great deal and also
about heart trouble by sending postal for
free book on diseases of the heart and
nerves.
DR. MILES MEDICAIi CO., Elkhart, Ind.
SKIN-TORTURED
And Tired, Fretted
Mothers
Find Comfort in Guticura Soap
and Ointment
When All Other Remedies and
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Instant relief and . refreshing sleet
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emollient skla cures, to be followed in
severe cases by mild doses of Cuticura
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est, most speedy, permanent and eco
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scaly, crusted and pimply skin and scalp
.humours, with loss of hair, of infanta
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sure to succeed when all other remedies
and the best physicians fail.
The agonizing Itching and burning
of the skin, as in eczema; the friphtful
scaling, as in psoriasis; the loss of hair
and crusting of the Stalp. as in scalled
head; the facial disfigurement, as in
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parents, as in milk crust, tetter and
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form
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250U. ALDER STREET O
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NATURE SPARES
The Stricken Ro.ie From Grief.
AVhat a fortunate provision of nature
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who seek her aid. In the years gone by
falling hair and grayness have cast n
gloom over the live3 of thousands of
young women, but thanks to the investi
gations of scientists the true cause of
hair destruction Is now known to be a
germ or parasite that burrows into the
hair follicles. Newbro's Hcrpieide abso
lutely destroys this germ, thus permit
ting the hair to grow as nature Intended.
Sold by leading druggists. Send 10 cents
in stamrs for sample to The HerpiciJa
Co.. Detroit. Mich.
CURE PRIMARY, SECONDARY OR TERTIARY
r-v? 9 3 s 2 tea - -
In 20 ;o 40 days without tne use ot potash
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Send for free book-
STATE MEDICAL INSTITUTE
701 FIRST AVE. SEATTLE. WASH.
la interested and tlmuM know
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