THE MORNING OREGON! AN, THURSDAY, SEPTEMBER 22, -1904;
ir
CHORUS FOR FAIR
W, H. Boyer Plans Musical
Festival.
MAKES PROPOSAL TO BOARD
If Plan Is Accepted Chorus of 50O
Singers Will Be Trained to Pre
sent the World's Greatest
Musical Works.
A musical festival ot from three to five
days' duration, to cost from 54500 to $5000,
and to take place at one of the buildings
of the Lrewis and Clark Exposition during
the continuance of that attraction, is one
of the possibilities of the ear future.
"William H. Boyer.the well-known choral
conductor, wrote a letter yesterday to
President H. Goode, of the Lewis and
Clark Corporation, outlining- a plan for
the proposed, musical festival. The chorus
of singers will consist of 500 voices select
ed from singers In this city, Eugene,
Salem, Albany and Corvallls.
It will be remembered that at one of
the recent meetings of the Willamette
Valley Choral Association It was decided
that the meeting of the association next
year should be held in this city during
the continuance of the Exposition. Mr.
Boyer now suggests that a three or five
days' musical festival be held here next
year, at which some of the greatest works
of the classic and modern schools will be
rendered by a choniB of from 400 to 500
voices, the Exposition management to
control the expenditure and receive all
profits, the direct management of the fes
tival to be under the control of the music
society. It might be possible to a"rrange
for an additional afternoon matinee con
cert. In estimating the cost of the concerts
at figures ranging from $4500 to $5000, Mr.
Boyer gives the cost of the work of prep
aration, such as training of choruses,
renting of halls for rehearsals, accom
panist, etc., at about $1S00; orchestra,
51400 to 51SO0, the latter depending on
what arrangements the Exposition peo
ple make with local musicians, and for
soloists 51200 to 51400. The cost of adver
tising is not included in these figures.
Most musical people who have been told
of the proposition agreo that a charge of
50 cents for each concert added to the
gate admission would make a profit for
the Exposition management. It is argued
that because of the members of the cho
rus coming from all parts of Oregon
their relatives and townspeople would find
an added attraction in the Exposition and
that this would mean increased gate re
ceipts. The scope of the Willamette Val
ley Choral Association might even be
widened to Include singers from other
Oregon towns, and also towns in Wash
ington. Mr. Boyer Is an experienced
chorul conductor, and in this branch of
the work he has been very successful in
this city for years.
OBJECT TO STEEL STRIPS.
East SIders Do Not Wish to Walk
In 'Straight and Narrow Path.
The floor plans of the new Morrison
bridge provide that the space occupied by
the double tracks of the City & Suburban
Railway Company will be fenced off by
steel strips six Inches high placed along
the rails of the outside track, and East
SIders are now kicking vigorously over
this appropriation of the whole of the cen
ter of the bridge by the railway company.
These steel strips will make it practically
impossible for teams to pass from one
side of the bridge to the other. The heavy
steel rails are now being laid along the
sills over the two completed Bpans. There
is a sentiment that these steel strips
should be eliminated and the public
given right to use the -whole of the bridge
floor. In case of a runaway or fire, when
it would be necessary for vehicles to pass
from one side of the bridge to the other,
with those steel strips along the outside
rails It could not be done. One of the men
who was particularly active in getting
the new bridge said yesterday morning
that the surface of the new bridge ought
to be made smooth, the same as that of
the Burnslde bridge.
What can be done now to get rid of the
obstructions along the outside rails is hard
to see. They were required by the street
railway company before it would consent
to give up Its franchise and accept the
new one. The company wanted high bar
ricades along Its tracks, but a compro
mise was effected on the basis of the steel
fenders. An agitation, however, is to be
started to get rid of them.
LOOP IS COMPLETED.
O. W. P. & R. Company Issue New
Schedule October 1.
The loop of the Oregon Water Power &
Railway Company by way of Sellwood
and Willsburg to Lents from the terminal
grounds south of Hawthorne avenue is
practically completed, and regular trains
will run over this branch October 1. Some
freight cars are now using it. The work
of ballasting the new track Is now going
forward. All the Oregon City cars, and
the freight and passenger cars for Esta
cada will use this line. The new line will
reduce the time to Oregon City very ma
terlally, the run being made over it in 45
minutes. Traffic for Sellwood and way
points will continue to be taken care of
by the Sellwood cars operated over the
present line on Milwaukie avenue.
A force of men yesterday completed a
double crossing for a single track on East
Water street across Hawthorne avenue
This single track will be extended along
East Water street northward, and the
street will be filled up to grade. Partial
fills have already been made on East
Water street from East Clay to East Mad
ison, wide enough to carry the single
track. Through the terminal grounds a
system of trackage has been finished on
new embankments.
HOT TIME IN ST. JOHNS.
Two Toughs FromLInnton Attack
and Beat M. Breight.
St. Johns was the scene of considerable
excitement Tuesday night, caused by two
toughs who came across the Willamette
River from Linnton to stir up the people
and incidentally do up Marshal C. R. Or
gan. They did not find Organ, but they
did find M. Breight, and they proceeded
to pummel him. They -were getting the
best of Breight, when the latter drew his
knife and commenced slashing right and
left, inflicting some slight wounds on his
two assailants, when they desisted from
their attacks.
Mr. Breight does not know how badly
he cut the fellows, but thinks he hurt one
pretty severely. Breight was considerably
beaten about the face.
IS NEARLY ASPHYXIATED.
Plumber Overcome by Illuminating
Gas While Connecting Pipe.
R. Morrasi, who was employed in help
ing to make a gas connection In a room
on the ground floor of the Malarkey build
ing on East Burnslde street and Union
avenue, narrowly escaped losing his life
yesterday by asphyxiation from the es
caping gas. E. Blew, the foreman of the
Job, was partly overcome, but quickly re
covered. Morrasi lay unconscious for near
ly half aa hour befor he was revived, and
it was much longer before he recovered
entirely.
The gas main was tapped on the south'
side of East Burnslde street, and the pipe
had been laid under the sidewalk In front
of the Malarkey building. Morrasi went
under the sidewalk, where he was at work
with the pipe and where the gas was seep
ing out pretty strongly. "He had worked
but a short 'time when he suddenly
dropped forward. Foreman Blew, knowing
that there was danger, was watching him
closely, and quickly went under the side
walk and pulled Morrasi out Into the pure
air. An effort was made to get a physi
cian, but none was found, and Morrasi
was sent to the police station In the patrol
wagon, where he was revived. Morrasi
lives on the corner of Second and Salmon
streets.
TIPPED OFF THE RAIT).
Spotters Warned the Poker Games of
Sheriff's Coming.
"What, gambling here? See for yourself,
Sheriff."
Sure enough, there wasn't a poker game
running. But Sheriff Word, who started
out on another raid last evening, knew
well enougli that poker had been played
in a dozen places before he left the Coun
ty Jail about 8:30.
Keen-eyed "spotters" sauntering leisure
ly through the Plaza blocks during the
evening had seen the deputies assemble at
the County Jail. They had waited a few
moments to make sure, had watched the
posse sally forth to do the bidding of the
law and the Sheriff upon the poker games.
Then telephone bells had rung hurriedly.
Like a flash the poker games north and
south closed down. Tables were dis
mantled' and chairs piled up as though
"nothing doing" was to be the order for
many months to come. The poker rooms
were darkened, and in a few moments all
was In readiness for the raid.
The Sheriff came. Last Saturday night
when he raided three big houses he had
found poker games In full swing. Deal
ers players, cards and checks were all
there. But last evening all this parapher
nalia had been put away. Gradually it
dawned upon the minds of the Sheriff and
his deputies that the raid had been "piped
off." So Instead of returning to the Coun
ty Jail laden down with greenback bail,
they returned empty-handed.
A complete tour of the sporty section of
the city was made by Sheriff Word, ac
companied by Deputies Downey, Cordano,
Grus'si, Moreland and Parrott. A saloon
at Third and Taylor streets was the first
establishment visited. No poker. Then
the Maze Cafe, Third near Yamhill. Still
no poker. With a long swoop the puzzled
posse bore down upon the North End.
Burnslde street teemed with men' and
echoed with the strains of North End
music But at Erlckson's and at, Blazler's
saloons no poker games were In progress.
Testimony that they had been running In
disobedience of the Sheriff's orders as
issued last Saturday night availed naught,
for there were the darkened rooms, the
covered tables and the stacked chairs.
Back to the southern part of town,
along First street and a few side streets
went the minions of the law. As In the
Burnslde-street houses poker games had
been In progress but a short time before.
But again did the disappointed eyes of
the Sheriff meet closed doors, which when
opened disclosed the similitude of a
church during the annual house-cleaning.
So at 10 o'clock the posse returned boot
less. The "spotters," placed regularly in
the Plaza blocks as soon as the surprise
of the Saturday night raid was over, had
earned their wages at last.
GOING TO KLAMATH COUNTY.
Englishmen Sell Out Canadian Farms
and Seek New Fields.
H. H. Seymour Glldden. an EncHshmnn
who has been ranching in the Canadian
Northwest for nearly 10 years, passed
throuch Portland vesterdav on his -wav
to the Klamath Lake region. At the hotel
yesterday Mr. Glidden explained the rea
son wny ne nopea snortiy to maxe a home
in tne iana oi tne irqe.
"When first I went to the Northwest
Territories," he said, "land was very
cheap. For a few hundred dollars a man
could buy a section of prairie. For a few
thousand he could buy a county, and fur
ther north he could rent an empire for a
song for grazing purposes. Consequently
that part of Canada became a dumping
ground for young Britons whose families
did not wish to support them at home.
"Later on the railroads began to induce
American farmers from Minnesota, the
Dakotas and all that country to come In
and settle In Canada. The railroads want
ed to settle up the country and owning
Immense tracts of land they could afford
almost to give farms to the newcomers.
Finally all the good land in Manitoba
was gone and then the immigration lapped
over Into the Territories, as we call It
The good land there went next and then
prices began to go up. Today a man
with an improved wheat or cattle ranch
can sell it for a good price, five or ten
times what it was worth ten years ago.
"Accordingly I sold my ranch, so did a
few of my friends, and having read some
time ago of the undeveloped resources
of the Klamath Lake country in Oregon,
I am going down there to see It for my
self before the snow comes. If It looks
Inviting my two friends and myself, will
buy land down there and wait for it to
make us rich. We have got to go some
where." WAR MAP AND ATLAS.
Japanese war map In colors. Included In
map of the world, showing each of the
great nations and their possessions In
separate colors: submarine cables Includ
ing the line recently opened across the
Indian Ocean, from Africa to Australia,
and the new American and British lines
across the Pacific; the international date
line, and the distances between great
ports. Commercial maps of each of the
grand divisions, with railroads arid prin
cipal cities emphasized. Map of the Phil
ippine Islands, showing over 4000 mites of
cables and telegraph lines recently con
structed1 by the United States Govern
ment. Maps of Nicaragua and Panama
Canals, and the islands about to be ac
quired from Denmark. Index with popu
lation according to latest official enumer
ation, embracing United States census
of 1900; Germany, 1SO0; Great Britain,
1901; India, 190L etc Send postpaid to
any address for 12 cents in stamps. Ore
gonian Publishing Company. Port
land, Or.
Unlucky at Ducks, Lucky at Trout.
Very few ducks were secured by sports
men Monday. The only man seen -taking
a string home yesterday morning being
one who had been shooting out at Moore's
place in Columbia bottom. Most of those
who went out shot none at all and some
only two or three, while many have cut
out duck hunting until after the rains be
gin. A few plover or jack snipe were shot,
but shooting generally has not begun. Few
sportsmen, who went out for trout, have
reported catching any. Two men who
went up to the Clackamas at Estacada
were the most fortunate heard from. One
of them went down the stream and was
made happy by catching 21 fine trout, each
about 10 Inches in length. He was feeling
good when he got back to the train, but
his pleasure was a little spoiled when he
met his chum, who had 52 flne trout. All
of which he caught out of one pool which
he reached by half a mile's walk, and by
which he stayed till satisfied. Wonder be
ing expressed that the trout were able to
see & fly In the water on account of ths
smoke. It was learned that they could not
and so were very hungry and bit raven
ously at salmon roe. Using this bait may
not be sportsmanlike but when the trout
hunger for It they must be gratified.
BUSINESS ITEMS.
If Babr Is Cntttar Teeth.
3 eure and su that old and vell-trled remedy.
numiawm tsooiamg syrup, lor cciiaroa
tytMnt. It soothes the child, softens the rums,
UUyftUps4a, swtm wind collo aaA-cUrrfceea
NEW LAW DRAFTED
The State Irrigation Code Is
Completed.
WATER RIGHTS REGULATED
State Engineer and Board of Water
Commissioners Are to Have Su
pervision Over the Waters
of the State.
Some very radical changes In the Irri
gation laws of the "State of Oregon are
made In the draft of a state irrigation
code which the State Irrigation Commis
sion, In collaboration with Morris Bein,
of the United States Reclamation Service,
and John T. Whistler, In charge of the
surveys in Oregon, has prepared and
which will be presented to the Legisla
ture at the coming session for adoption.
At the last meeting of the Legislature
the State Irrigation Commission was cre
ated and the members were appointed
Frank W. Higgiiis.
by Governor Chamberlain, their first
duty 'being to draft a code on irrigation
to be adopted by the Legislature at the
next session. The commission has been
working on the matter alb Summer and
has now completed Its draft.
The new law vests the title In all un
appropriated water within the borders of
the state itself and creates the office of
State Engineer, who shall control all irri
gation matters. It also creates the Board
of Water Commissioners, divides the state
into water divisions and provides for the
election of one Water Commissioner from
each division, the number of such men
elected to comprise the Board of Water
Commissioners, of which the State En
gineer shall be president. All right and
title to the use of water by appropriation
or other method In the irrigable divisions
must bo obtained from the state through
the office of the State Engineer. The use
of water Is restricted, appropriations are
fixed at not to exceed one cubic foot of
water per second for each 70 acres to be
irrigated. The sum of $40,000 is appro
priated from the State Treasury for the
prosecution of the plans outlined in the
law and for the maintenance of the vari
ous offices created by the law, the main
one being that of State Engineer, who
shall receive a salary of $3000 per annum
and all expenses.
State Engineer's Powers.
According to the irrigation code the
State Engineer shall be appointed by the
Governor and confirmed by the Senate. He
shall hold office for the term of six years.
He must be a "technically qualified and
experienced hydraulic engineer," and will
have general supervision of the waters of
the state and of the measurement and ap
propriation of the same. As soon as the
bill becomes a law it will be the duty
of the State Engineer to make a personal
investigation of all the Irrigation under
takings in operation and In course of
construction, of all streams and water
supplies within the state, and to take the
actual measurement of all water in all
streams of the state, the amount appro
priated and the amount remaining unap
propriated, then, after having mapped,
listed and recorded all this Information,
he shall instruct the Attorney-General
to commence action in the name of the
state to obtain ownership of all unappro
priated waters Avithln the borders.
The State Engineer will have plenty of
work to keep him busy. He must main
tain a public office in the State Capital,
keep all the records of Irrigation mat
ters, inspect all proposed Irrigation un
dertakings and issue a permit before they
can bo commenced, give his attention to
the distribution of the waters- and attend
all the meetings of the Board of Water
Commissioners after he has made his reg
ular reports to 'the Governor. For this
he receives a salary of 53000 per annum
and all "necessary traveling expenses."
He may appoint a deputy to serve at a
salary of $1800 per annum, and he will
also have the additional sum of $2090 for
incidentals. He must' also keep track of
his fees, a schedule ot which this code
provides for the filing, issuing of permits,
and Inspections.
Board of Water Commissioners.
The Board of Water Commissioners Is
chosen by the voters. The new code does
not specify the number of divisions nor
their boundaries, but leaves that to the
Legislature. It does provide that each
Commissioner shall serve for a term of
four years, shall receive pay from the
State Treasurer at the rate of $10 per day
for every day actually devoted to the
duties of the office, but the Commission
ers are limited to 100 days each year. If
they work overtime they get no pay for
it. Each Water Commissioner shall, ac
cording to the. new code, have immediate
jurisdiction over the irrigation laws and
their application in the division from
which he was ejected. In cases of disa
greement the State Engineer shall decide,
and from his decision the defendant may
appeal to the State Commission, which
Is composed of all the Water Commis
sioners. Then It that decision, falls to
satisfy him he pan appeal to the Circuit
Court, provided he doea so within 30
days.
Each water division of the state shall
be divided into water districts and a
watermaster appointed for each water
district. The duties of the watermaster
will be to see to It that each man gets
his just share and no more of the fvater
used for Irrigation purposes, the water
masters to be paid a salary of $4 a day
from the county funds.
Code Is Explicit.
The code as relates to the use of the
water Is very explicit. It Intends to do
away with litigation over the use of
water where a prior right takes more
water than is needed for actual Irriga
tion to the detriment and perhaps exclu
sion of others who would like to use the
water. The State Engineer will first in
spect all the existing svstems and dfitnr-
mine whether or not they have approprl-
ated more water than they need. If they
have It will be taken from them. Then
all new appropriations must be made di
rect through the office of the State En
gineer. If a man wants to irrigate his
farm he must first notify the State En
gineer of this fact, stating about how
much water Is absolutely necessary and
all other particulars and pay the fees.
The State Engineer then investigates th
conditions and if satisfied grants a per
mit to this man to construct his ditch an
appropriate so much water. But if the
ditch Is not constructed within a given
time the rlsht of appropriation is with
drawn and another farmer may step in,
comply with the law and take the water.
The new code also does away with the
curtailing of water rights to a certain
district, shutting out lands lying below It.
Under the proposed law the man whose
lands He just below that of an irrigated
district may compel the owners of the
ditch to furnish him water provided he
pays them what the State Engineer or
courts shall determine to be a reasonable
storage or conveyance fee for the water
used. All Government undertakings are
protected to the exclusion of all others
whatsoever.
Tax on Irrigated Lands.
There will be an extra tax placed on
all irrigated lands for the maintenance
of the state system of irrigation officers,
and this tax shall be collected as any
other tax. Whenever the State Engineer
or his deputies may be called upon to In
spect -the construction of an irrigation
dam or system, according to the law, they
shall be paid by the owners at the rate of
J10 per day or whatever amount ia fixed
by the schedule of fees, and when this
REPUBLICAN NOMI
NEE FOR
GOVERNOR OF
NEW YORK
Frank W. Hlggins, nominated
for Governor of New York by the
Republicans, hea been Lieutenant
Governor for two years. He was
a member of the State Senate
from 1S03 to 1C02, and was chair
man of the finance committee ot
that body. He is wealthy, owning
a string of general stores in New
Tork and Pennsylvania, besides
mining and timber lands in Mich
igan, Wisconsin and Minnesota.
His home Is at Ole&n, Cattarau
gus County. He was bora at
Ruahford, Allegany County, N.
T., in 1S30, and was graduated
from the Rlvervlew Military
Academy, at Pougbkeepsio, In
1873, later taking a business
course. He began his business
career at Stanton. Mich., where
he opened a general store In 1S75.
He was married at Sparta, "Wis.,
in 1878, to Miss Kate C. Noble.
money is not paid upon demand it may
be recovered by action in court of law,
and the judgment will take precedence
of all mortgages or any other liens upon
the land. Every ditch must be fitted with
a measuring device and must be recorded
by the proper officials.
The law fixes penalties for violations or
infractions of any of its sections.
The new code was compiled by Hon. T.
G. Halley, of Pendleton, president of the
State Irrigation Commission; Hon. Mor
ris Bein, ot the United States Reclamation
Service, of Washington, D. C., and Hon.
John T. Whistler, In charge of the recla
mation work In Oregon. Copies of the
draft will be forwarded to tho various
members of the Legislature as soon as
printed In order that they may acquaint
themselves fully with the text of the law
before being asked to pass upon it at the
coming session.
TAXES ILLEGALLY CANCELED.
County Begins Suit for $523 Against
Fisher, Thorsen & Co.
Suit against Fisher, Thorsen & Co. to
cover $523 taxes on personal property for
the year 1837 was begun In the State Cir
cuit yesterday through District Attorney
Manning and Carey & Mays, attorneys.
Tho complaint recites that in 1901, W.
G. Stlmson, who was then a deputy In the
County-Clerk's office, colluding and con
spiring with other persons, whose names
are unknown, with Intent to defraud Mult
nomah County, .falsely represented to
Fisher, Thorsen & Co. that he had author
ity to compromise the tax. It is averred
that Stimson in pursuance of such fraudu
lent design, offered to compromise the tax
for $250, and that Fisher, Thorsen & Co.
paid $250 to Stlmson and hl3 co-conspirators.
Stlmson thereafter, it is alleged, falsely
caused to be Interpolated in one of the
public records of the county, under the
date of May 22, 1900. the following ficti
tious, fraudulent entry:
"At this time It Is ordered by the board
(meaning County Commissioners) that the
assessment of Fisher, Thorson & Co. for
1897 be canceled."
It Is further alleged that the money re
ceived by Stlmson and his co-conspirators
was never delivered or accounted for to
the county or paid to the County Treas
urer, and on December 30, 1903, the County
Court made an order setting aside the
cancellation.
Fisher, Thorsen & Co. paid the money
to Stimson at their office, and say they
did so In good faith, thinking he had
authority to compromise the tax.
Good Fishing on the TrasJ.
Despite unfavorable weather fishermen
may still find good sport if they only
seek It In the right place. Dr. C. B. Stolte
has Just returned from an eight days'
fishing trip to the Trask River, Tillamook,
which he considers one of the great out
ings of his life. He experienced some
trouble in reaching his destination, but
when this was accomplished he had "got
there" with both feet. In going over the
mountains the road was found to be
blockaded near the summit by a tree six
feet in diameter which had fallen across
It, and the coach had to come to a halt.
A saw was produced and an effort made
to open a passage through the log, but
before this was accomplished the saw got
pinched and the jig was up. It was then
decided to unhitch the team and start
down the mountain to the Trask House,
the passengers to take turns at riding.
By the time they were reading to start
It was as dark as a stack of black cats.
As the road was steep and rough, the
pleasures of the trip and the condition of
the travelers when they reached the hotel,
with their livers jolted out of place, may
be imagined. They found good fishing,
for the first day Dr. Stolte caught 140
pounds of Jack trout (young Chinook sal
mon three to four pounds In weight), the
most delicious fish known. Equally good
sport was enjoyed during the rest of their
stay, but Just what amount of fish was
caught nono of the party can figure up.
Trout fishermen may keep up their cour
age, for there is still good sport in Ore
gon. Milwaukie Grange Fair.
Milwaukie Grange, Patrons of Hus
bandry, will hold Its annual fair Fri
day and Saturday, November 4 and 5.
Blue and red ribbon, denoting first and
second prizes, will be awarded all articles
on exhibit The baby show, which
will be held on Friday, will be made a
special feature. The prizes will be award
ed Saturday afternoon. November 5. and
that evening there will be an entertain
ment and dance. Regarding the incorpor
ation of the Grange, preparatory to erec
tion of a building, the articles have been
prepared, and will be read the first Sat
urday and adopted the third Saturday.
After this adoption the Grange will push
um collection ot a hall fund.
SUES HIS TWO PARTNERS
J. F. SHOREY, OF HASTY MESSEN
GER COMPANY, WANTS $1700.
Attorney for Jeff W. Hayes Tries to
Prove Attempt of Shorey to
Freeze Out Hayes.
In the hearing before Judge John B.
Cleland, sitting in Judge George's court,
there began yesterday morning the trial
of the case of John F. Shorey, a man
in full possession of all of his faculties,
against Jeff W. Hayes, a man totally
blind and unable to go about unassisted,
and H. K. Sargent, a local attorney.
Haye3 and Sargent are partners in the
Hasty Messenger Service, and Shorey's
complaint cites 40 distinct causes for ac
tion, wherein by these 40 causes he hopes
to recover something like $1700 from Mr.
Hayes and Attorney Sargent, who have
a $600 Investment In the messenger busi
ness. Aside from Shorey's own testimony,
which went to show that while he was
manager of the tnessenger service he busi
ness grew and prospered under his guid
ance, the bulk of the testimony, in a
measure, was in favor of the answer to
Shorey's complaint, made by Hayes at
torneys. What Attorney Dan Murphy
hopes to prove Is that Shorey, under guise
of friendship for Hayes and a pretext of
helping him establish the mesgenger serv
ico on a firm financial basis, was really
working to freeze Hayes out. From the
witnesses examined by Attorney Murphy
during the afternoon, It "was brought out
that Shorey had repeatedly explained, not
only to Attorney Sargent, Hayes busi
ness partner, but to Hayes' friends, that
he, Shorey, was assisting Hayes without
compensation. Yet one of the 40 causes
for action calls for $1000, which 'Shorey
alleges is due him for services performed
and $2000 which he declares he invested
in the company.
After Shorey had testified, Attorney
Murphy examined a long' list of witnesses,
most of thenr being business men who at
one time or another had bills either
against Hayes personally or against the
Hasty Messenger Service. In the course
of the examination of these witnesses It
was brought out that Shorey has made
a canvass of these creditors, paid the
amounts due and becomo the assignee.
From none of the witnesses examined,
however, could Attorney Murphy get an
admission that Shorey, when he bought
up these unpaid bills, had stated to any
of the creditors that he was paying the
bills for himself Instead as agent of the
company. After a great deal of ques
tioning. Attorney Murphy drew from At
torney Sargent a partial admission that
be and Shorey had discussed what might
be termed an agreement. Mr. Sargent
stated that owing to the fact that he
was friendly to both parties in the suit,
he was anxious to escape connection with
the suit. Ho said that while he owned
a third interest in the business, he had
never received a cent on his investment,
and that on several occasions, while
Shorey was acting in the capacity as man
ager, he had attempted to get some sort
of a financial statement from Shorey,
but was unable to do so. Mr. Murphy
sprung his. surprise on Sargent when he
asked him if It was not the fact that
Shorey had agreed to take up his note of
$b00, the amount of his Investment in the
company, and thereby release him from
any cost. In case there should be a ver
dict for Shorey. Sargent admitted that he
had held such a conversation with Shorey,
but that after Shorey had consulted his
attorney, Shorey had stated It would not
be necessary to have an agreement, but
that he, Shorey, would take up the note,
which, It seems, Shorey did.
Late in tho, afternoon Hayes was led
to the stand, and at the time of adjourn
ment had not finished his direct testi
mony. Mr. Hayes recited the history of
his dealings with Shoroy. It was while
trying to sell a half lntorest In the com
pany to a friend In the East that Shorey's
name was mentioned by this friend to
Hay.e3 as a possible partner. Hayes re
lated how Shorey was admitted Into his
confidence and his business and stated
that until Shorey brought action against
him and closed him out he did not know
he owed Shorey more than $150, which
was a personal loan Shorey had made to
him. Hayes explained to tho jury that
when he became suspicious that Shorey
was plunging the company In debt, he re
peatedly called upon him for a state
ment, but could never get him to make
one. Being blind, ho said that he could
not examine the books himself and was
dependent upon what Shorey told him
about the condition of his business. He
also told the jury of employing an ex
pert accountant vand swore that Shorey
blocked tho progress of the accountant
at every turn. When the statement of
u.e expert was finally mado, Hayes testi
fied that it showed tho company's debt
amounted to a little over $300. Hayes
also said that he never had a chance to
examine the books of the company, and
that when Shorey left the service he
carried the books with him. These books
wero offered as evidence by A. F. Flegel,
attorney for Shorey.
DAMAGE SUIT ON TRIAL.
Conflicting Testimony Which Is for
and Against Alvin Knapp.
Conflicting testimony was given yester
day in the suit of Alvin Knapp against
the Oregon Water Power & Railway Com
pany. Albert Harrington, Gus Lesh and
other witnesses testifying for Knapp said
the conductor shoved hlra forcibly off the
car, and that they did not hear Knapp
using profane language.
J. Kavanaugh and other witnesses for
the defense testified that the conductor
did not use any force in putting Knapp
off the car. B. C. Jackaway testified that
Knapp was assisted on the car by another
man, who signified his intention of taking
him to his home at Oregon City. Both
were decidedly under the Influence of in
toxicants. Knapp more than his compan
ion. Knapp did not want to go to Oregon
City, and argued the matter with his
companion, Conrad Howallett, In a loud
tone of voice, using considerable profane
language. Tho witness said he was so
much annoyed that he went from tho rear
platform to the front platform. There
wero women in the car. The trial will be
concluded today.
DEEDS PROPERTY TO TRUSTEE
John R. Fisher Settles Suit Brought
Against Him by His Father.
John R. Fisher, whose father, Peter
Fisher, 84 years old, sued him to have a
deed to two lots and a house In Sellwood
canceled, has made an amicable settle
ment of the case. Yesterday he executed
a deed In trust to Jay Upton, clerk in
Judge Webster's office. Mr. Upton is to
hold the property for the benefit of Peter
Fisher and his wife.
In his suit against his son Fisher al
leged that he had been promised a home
for hlmselt and his wife during their old
ago on condition that they bequeath the
two lots to their son In their will. The
consideration was $900, but no part of it
had been pald Their eon presented for
their signatures what they supposed to
be a will, but which was really a deed,
and as neither could read any other lan
guage than German, they signed it. They
went to live with their son and his wife,
but as life was made disagreeable for
them they returned to their old home.
They asked that their son be compelled
to return the property to them.
George W. Allen, attorney for John R.
Fisher, says that the deed to the two lots
was based on a note for $900, the consider
ation named In the deed. Tho son had
JLpaid $650 on tho note, and his wife had
HOTEL
!Fifth-id-WMhiigttm Streets
EUROPEAN PLAN .
XiMsWIjmc fetlaa. raae4e WUX Hotel.
at. JT. SATiat. Pres.
St. Charles Hate
CO. -(INCORPORATED.)
PgONT AND MORRISON STgBBTS
PORTLAND, ORBGCfJ
Eerepcaa Pica Keems fiOc ta $1.90
Firat-CIass. Reataaraat la Craaocttea
paid $780 more. Actually $2500 in cash had
been paid out, not counting small sums
which the son had paid out and of which
he had kept no account. Mr. Allen said
the son was perfectly willing to re
deed the property to the old people, but
as for himself, as an attorney, he did not
wish an unrestrained tltlo given. The son
was perfectly willing to take the old
people back and keep them for the rest
of their lives without pay.
Mr. Allen's protest against an unre
strained title set Judge Webster to think
ing, and it developed that there were
some relatives who would have liked to
get possession of the two lots. Both Mr.
Allen and Judge Webster were agreeable
to the appointment of a trustee, and they
selected Mr. "Upton as the man best fitted
for tho place.
Judge Webster interested himself in the
matter because Peter Fisher applied to the
County Court for assistance, and said his
son had taken his property away from
him and would not provide for his wants.
CHINESE GAMBLERS ACQUITTED
Jury Disregards Instructions of Cir
cuit Judge Frazer.
Notwithstanding the Instructions of
Judge Frazer in a gambling caBe tried be
fore him, in which four Chinese were the
defendants, the jury returned a verdict of
not guilty. Judge Frazer told the mem
bers of the jury the statute makes It the
especial duty of the Sheriff to arrest per
sons who violate the gambling laws, and
that the jurors should not let their opin
ions as to whether gambling was right or
wrong influence their verdict, but should
rely solely upon the evidence. The men
were accused of playing chuck-a-luck, a
dice game. The Jury by its verdict evi
dently meant that It does not consider
me evidence suincient. mis maKes out or
five persons tried only one conviction.
HIS GOOD NAME INJURED.
Lee Foo, a Chinese, Sues G. Wood for
$2500 Damages.
Lee Foo, a Chinese, who says G. Wood,
an expressman, wrongfully sued him In
Justice Reld's court in July last to recover
money, yesterday through his attorney,
Charles F. Lord, filed suit in tho State
Circuit Court against Wood for $2500 dam
ages. The complaint recites that the ac
tion in the Justice Court was brought ma
liciously and for the sole purpose of vex
ing and annoying Lee Foo, and to injure
his good name and credit. Tho case was
dismissed in the lower court, but Lee Foo
says it cost him $150 to defend the case.
Rules Out Chinese Testimony.
Because United States Commissioner
McKee will not admit as evidence the first
statements made by a Chinese after his
arrest for being illegally In the country,
Dong Sam was yesterday morning dis
charged from custody. He had been ar
rested by Chinese Inspector Barbour, to
whom he stated that he was a Chinese
born laborer and had been landed after
dark at Astoria by another Chinese, Leong
Tip, to whom he paid $50 for the passage
from a steamer to tho wharf and forged
certificates which would entitle him to re
main here. Commissioner McKee ruled
against the statement made following ar
rest being introduced as evidence, though
Inspector Barbour declared Dong Sam had
freely made the statement.
Denies Laundry Is a Nuisance.
Wing Chung, who operates a laundry
on Sixth street, between Main and Madi
son, which Charles E. Runyon Is seeking
to have removed" through the aid of the
courts, yesterday filed an answer to Run
yon's suit in which he denies that the
laundry Is a nuisance. Hp says there are
no unneceaaary, unhealthy or noxious
odors emanating from It, and no more
smoke and steam than required. Wing
Chung also alleges that he has to make
a livelihood running the laundry, which
was thore before Runyon purchased the
adjoining property and built his row of
flats.
Wants Names and Place.
Henry S. Green, whose wife. Frances F.
Green, in a suit for divorce has com
plained that ho has falsely accused her of
being untrue to him In the presence of
neighbors and friends, has filed a motion
by his attorney, J. C. Moreland, asking
that she make her complaint more defi
nite and certain, and give the names of
the persons before whom he made these
remarks. Mrs. Green says her husband
is Jealous of her. They were married in
Portland in June, 1903.
Voters Register.
There were nine new registrations in the
County Clerk's office yesterday, and seven
changes of residence of electors. Follow
ing the direct primary law, the political
party to which each applicant belongs is
noted on the registration card. The work
yesterday showed 10 Republicans, two
Democrats, two Socialists and one Prohi
bitionist.
Taxes Soon Delinquent,
Taxes for 1903 will bo delinquent on Oc
tober S, and after that time a penalty
will attach and the property will be ad-
vrtised and sold. Delinquent taxes will
bear 12 per cent interest, dating back to
the first Monday In April. There Is still
considerable money due on the roll.
Estate of H. A. Smith.
W. N. Jones and A. F. Flpcei vfni-
tors of the estate of H. A. Smith, da-
ceased, filed a report In the County Court
yesterday showing $31,651 receipts, prin
cipally from the sale of timber lands, and
si,dit aisDursed. Claims amounting to
$266 were disallowed, and there are $1555
claims still to pay.
Likes Another Man Better.
Fred W. Seheurpr nvers tVint Vile TL-fn
Anna Scheurer, has persisted in telling
him that she Hkp.q annfhor mnn ioftnr
than she does him, and calls him names.
uua Eueu ner ior a divorce on the
PERKINS
PORTLAND, OREGON
O. a. Harris, Seav a& Tea-
STHE
SMOND HOTEL
PrBt aad McvrriMB Streets
PORTLAND' - OREQON
TOEB 'BUB TO ARD TROUT ALT, TRAXH3.
. Kti-EuTopefta pa, Co, ffci $140. V-M,
2.00 Pr day. BjbU room la coaaaenca.
ground of cruel treatment. He alleges
also that she has threatened to take his
life. They were married in Butteville
in 1S9S.
Acts as Her Own Attorney.
Isabella Rowley, who acts as her own
attorney, yesterday filed suit In the State
Circuit Court against tho "United States
Mining Securities & Trust Company to
recover $1047. She says A. Rowley ad
vanced this amount of money to the cor
poration at divers times, which was used
to pay for goods and labor, and which has
not been repaid.
Articles of Incorporation.
Incorporation articles of I. B. McBride
& Co. were filed In tho County Clerk's
office yesterday by D. B. McBride, Charle3
B. Turlay and R. G. Morrow; capital
stock. $25,000. The objects are to buy and
sell goods.
Petition in Bankruptcy.
C. C. Matlock, a merchant of Eugene,
yesterday filed a petition in bankruptcy
In the United States District Court. His
liabilities are shown by the schedule to
be $11,159 and his assets. $4819.
Court Notes.
Josle Brlnkorhoft has sued Multnomah
County to quiet title to certain lots In
block 161. Couch Addition, against which
the county has a tax claim.
Walter G. Holcombe, who alleges that
his wife, Emily Holcombe, .deserted him
more than a year ago, has commenced suit
against her In the State Circuit Courtfor
a divorce. They were married at St. Paul
In 1899, and have one child, who Is with its
mother.
Conveying Memorial to Roosevelt.
LONDON, Sept. 21. E. D. Morel, sec
retary ot the Congo Reform Association,
sailed for New York from Liverpool to
day on the White Star steamer Baltic,
with the double purpose of presenting a
memorial to President Roosevelt, urging
him to join In an International move
ment for bringing about a change in the
conditions of the Congo Independent
State, and to participate in tho discus
sion of this question at the Boston peace
congress.
Montreal Fire Causes $530,000.
MONTREAL. Sept. 21. The buildings of
tho Canada Hardware Company, the cen
tral agency which Is the Canadian branch
of the London Thread Trust at Chaput
flls & Co., one of the largest wholesale
grocery and liquor houses In Canada, wero
burned today. Loss $530,000, partly cov
ered by Insurance.
DAILY METEOROLOGICAL REPORT.
PORTLAND, Sept. 21. Maximum tempera
ture. 63 dep.; minimum, SO. River reading at
11 A. M., 2.2 feet; change In paat 24 hours,
rise 0.2 foot. Total precipitation, 5 P. II. to
5 P. M.. .06 inch; total since September 1.
1904, .06 Inch; normal. 1.02; deficiency. .00.
.Total sunshine September 20. 1004. 4 hours and
12 minutes; possible. 12 hours and 18 minutes.
Barometer (reduced to sea level), at 5 P. 31.,
29.80.
PACIFIC COAST WEATHER.
" Wind. 2
a a 2. S- 5.
STATION. c o 2 vZ.
3 ZzL ?
3 3: ; :
Baker City 17210.001 NB
Btemarck eo 0.00(12; SB
BoIho !800.00 NW
Eureka 6O0.00 S SV
Hftena TOiO.Olt 6bW
Kamloops. B. C (flS 0.00l6 SB
North Head !S0 T !18bD
Pocatello 7SiO.O0 14SB
Portland 163:0.06 ;S
Rod Bluff 180! T 10) SB
Rosburtr I640.n0 SN
Sacramento 74O.0012'SW
Salt Lake City 78 O.OOf 6 S
San Francleco 6t0. 00:14 V
Spokane ICOi T I 'NE3
Seattle 58 T ,S
Tatoosh Island !54lO.0Oil4jS
Walla Watla 17410.001 E
Cloudy
Clear
Cloudy
Cloudy
Cloudy
Cloudy
Cloudy
Cloudy
Cloudy
Pt. cloudy
Cloudy
Clear
Cloudy
Clcar
Cloudy
Kaln
Cloudy
Cloudy
4
Light. T trace.
WEATHER CONDITIONS.
The pressure has fallen generally In tho
Rocky Mountain and the Pacific Coast States
during tho last 24 houre. and a disturbance of
moderate energy is now central over Western
British Columbia. Thla storm center marks
the advent of the rainy season in the Pacific
Northwest. Light Showers havo occurred today
In the Willamette Valley and In scattered por
tions of Washington, but elsewhere no rain of
consequence Is reported. It Is cloudy this even
ing In this district, and showers are Indicated
In Oregon. .Washington and Idaho Thursday,
with but little change in temperature.
Southeast Btorm warnings were ordered dis
played at the mouth of the Columbia River at
2:30 this afternoon, and extended to eeaports
along the Strait of Juan de Fuca, at 5 P. 31.
WEATHER FORECASTS.
Forecasts made at Portland at 8 P. M. for 28
hours ending at midnight, September 22:
Portland and vicinity ShowerB; brisk south
to west winds.
Western Oregon Showers; brisk foutherly
winds, probably becoming high along coast.
Western Washington Showers; brisk south
erly winds, becoming high along coast and on
tho Strait of Fuca.
Eastern Oregon. Eastern Washington and
Northern Idaho Showers.
Southern Idalto Showers and cooler.
A. B. WOLLABBR.
' Acting District Forecaster.
JiEff TODAY.
FOR SALE OR EXCHANGE FOR DAJRT
or stock ranch, good fuel business, city. B
49. Orcgonlan.
CHOICE RESIDENCE PROPERTT.
The modern 7-room house. No. 738 Irvlnjr
St., can be bought at a reasonable price;
part cash, bal. at 6 per cent. Is In the best
residence district, convenient to both car
lines. For prices and terms see Geo. 2L
Strong. 103 Second st.
LOUSS li. BOLL
PIANO STUDIO. 342 WASHttfGTON ST.
g(udttata hould call carlyA Ffiw hours WW