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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 6, 1904)
THE MORNING OBEGOKIAN, TUESDAY, DECEMBER 6 1904. CAN REFUSE PAPERS Oregonian Company Need Not Sell to Harlow, DECIDES SUPREME COURT Contract's Performance Will Not Be Enforced on One Party Unless on Both Appealable Decree is Defined. An tajuactfen t strain the breach of a parstMMl contract, or -one relating to pecwmal property, or a mandatory injwMtton 1 compel specific perform ance T such a contract, will not be rr&Btd when the recovers of damages at law would adequately redrew the impcndtag injury. Unless a erl ot oquHy can execute a contra ot both si den, it will scn erally not Interpose on behalf of either party. A. eree soUHng the substantial mtr iUi of a oeatrovorsy la appealable, tbowch aa accounting was also ordered. SALEM. Or.. Dec. 5. (Special.) The Sjpreme Court handed down decisions to day in two appealed cases, as follows: F. E. Harlow and I A. Harlow, appel lants, vs. Oregonian Publishing Company And H. I. Pittock, respondents, from Multnomah County, John B. Cleland, M. George and Alfred F. Sears, Jr., ,udges, affirmed; opinion by Justice Bean. This was a suit to enjoin a refusal to perform the provisions of a personal con tract. The contract which formed the bast f the controversy was executed In :s$l between H. L. Pittock and Myron M. Southworth, in which contract it was pro-i-lrd that Southworth should have the role right to carry and collect subscrip tions tor The Morning- Oregonian in all that portion of Portland south of Alder bfreet. It was also agreed that, in caso c'ihcr party considers separation neces sar. and both cannot agree upon a prop-c- method of doing so, each shall appoint a man to act for him, and If they cannot agree, they shall have power to call on a third roan, whose decision shall be bind .ng. This contract was transferred several times, finally coming into the hands of plaintiffs. This controversy arose in 1901 crr the question whether the contract applies only to that portion of the City cf Portland south of Alder street at the time the contract was executed, or whether it also applies to territory sub sequently added to the city. The defend ants having refused to deliver papers to plaintiffs for circulation outside of .the district to which it originally applied, this suit was brought to enjoin such refusal. The defendants then gave notice that they would deliver no more papers to plaintiffs for circulation in that portion of Portland south of Alder street, and a supplemental complaint was filed, asking that this re fusal be also enjoined. After trial, the t lrcult Court rendered a decision dismiss ing the suit, and plaintiffs appealed. The Supreme Court does not decide the question whether the Harlows have suc ceeded to the rights of Southworth under fie original contract, nor whether the contract embraces territory added to the iry since the contract wru executed. It 's heH that the plaintiffs cannot maintain this suit in equity for the reason that they have a full and complete remedy at law; also that they cannot have relief by injunction or specific performance, be cause the remedy is not mutual. The opinion says that by the terms of the contract the relationship between the parties could be terminated whenever cither, party considered a separation necessary- If the separation took place in me manner proviaea. me value or amount to be paid would be ascertained Tid determined by arbitrators. If not. tbr party guilts- of the breach would be liable in an action at law for damages, the same as for a breach of any other contract. "Whether the action of the de fendant in repudiating tho contract be deemed a separation within Its terms or a breach thereof the effect was to ter rainatc the contract, and tho only aues tion between the parties remaining for adjustment is the amount, if anv. to be paid by the defendants to the plaintiffs cn account of such separation or breach. That question is not cognizable by a court ci equity. "There is another objection to the enforcement of the contract in equity at the suit of the plaintiffs, and that is because the remedy is not mutual and defendants could not compel plain tiffs to perform. It is a fundamental mlc of equity that when, from the na ture of tho contract, it is incapable of being enforced against one party, that party is rendered equally incapable of enforcing It against the other, though its execution In the latter way might Jn ltseir be free from the difficulty at tending1 its execution in the former. Tnless a court of equity can execute the contract on both sides. It will sren crally not interpose in behalf of either party. The docrco of dismissal is aflrmed. Marquam vs. Oregon Company. a. .tiarqnara, respondent, vs. I nited States Mortgage & Trust Com pany. the Title Guarantee & Trust Company, the Oregon Trust Company and J. Th orb urn Ross, appellants, from .anutnomaii county, A. F. Sears. Jr. Judge, on motion to dismiss appeal motion denied; opinion by Chief Jus Uce Moore. This was a suit to redeem property from an execution sale, on the ground mat tno purchaser was plaintiff's trus tee. who had unlawfully caused the -Sheriffs deed therfefor to ""be executed 10 mc wregon company, wnicn. It alleged, 1b not an innocent purchaser. 1 he trial resulted in a decree for plain tiff, establishing his right to redeem on paying certain sums, and ordering an c counting-. The defendants appealed rrom. tins decree and tho motion to dis miss- was entered on tho. ground that the decree sought to be reviewed is an interlocutory and not a final decree. The Supreme Court holds that this was a final docrce within the meaning of the statutes upon that subject. Tho court lays down the rule that where decree settles tho substantial merits of the case, but orders an account be tween the parties, it is, nevertheless, appealable. RAILROAD MUST PAY DAMAGES Supreme Court Holds Shippers Enti tied to Relief for Delay. WASHINGTON. Dec 5. In an opin .on by Justice Pcckham, the Supreme t'ourt of the United States today at f rmed the decision of the Circuit Court of Appeals for the second circuit in the case of the Northern Pacific Rail way Company against the Trading Company. The latter company brought he action to secure damages for delay in the transportation of pig lead from the United States to Japan during the Jupanoso-Chincse war. on account of which tho company failed to secure the !ngh price for load prevailing in Japan at the time. The Court of Appeals awarded the damages as claimed, but the railroad company resisted the ver diet or the ground that lead was con trab&nd of war, and its shipment pro hibited by a deputy collector atjthc port at Tacoma, Wash., whence Ihe shipment "was to have been made. The court refuses to accept this view. WOMEN TAKE A HAND. Speakers at Mass Meeting Tell of Op position Tickets' Origin. TILLAMOOK. Or., Dec 5. (Special.) The women of Tillamook City held a mass meeting at the Opera-House last night in the Interests of the citizens' law en forcement ticket, which was largely at tended. The saloon and gambling faction has nominated a ticket, indorsing part of the citizens' ticket. Mrs. Hays presided at the meeting, which was addressed by A. W. Severance, Mrs. Bi Handley. H. Botts, B. L. Eddy and FT R. Beals, who Is the nominee for Mayor on the citizens ticket. Most of the speakers were very personal in their remarks, and they declared that the opposition ticket, which is headed by George Cohn for Mayor, was put up in Hadley's saloon and over the gambling tables. They ridiculed the Idea that the ipposltion ticket was for the enforce ment of the law. PROHIBITS LIQUOR SALE. Tillamook County "Dry," According to Local Option Law. TILLAMOOK. Or., Dec 5. The County Court today made an order prohibiting the sale of intoxicating liquor In Tilla mook County under the local option law. TIDE DROWNS PHYSICIAN. Dr. R. H. Barber Dies During Long Ride on Call of Duty. GARDINER, Or., Dec 5. (Special.) It was learned today that Dr. R. II. Barber, one of the best known physicians in this region, met a strange death on the banks of the Sluslaw River. Dr. Barber, who was In charge of the hos pital, was called to a house 20 miles dis tant. He was Instructed to ride across a creek. The horse passed through the creek without the doctor knowing it. and when the horse paused on the bank of the Siuslaw, the physician, thinking it the creek, urged him on. The horse swam the river, nearly a mile wide, but Dr. Barber was almost paralyzed by the cold whe5L.be reached the shore. Walking over the wharf, he fell through a hole and was stunned by the fall upon the rocks. He lay unconscious under the dock until the tide came In and drowned him. The body has been recovered. Dr. Barber was Captain in the Second Oregon Regiment, and is well known in Portland. MAY EXTEND ROAD. Oregon Short Line Advises Boise Com pany to Make Move. BOISE. Idaho, Dec 5. (Special.) Today at the annual meeting of the Boise Ter minal Railway Company, a branch of the Short Line, the articles of incorporation were amended so as to authorize the con struction of the line now being built to the Barber lumber plant, five miles above this city. The amendment also author ized the extension of the line to the mouth of More Creek, 20 miles from the city. The latter feature is regarded as sig nificant. The action was taken under the direction of Parley L. Williams, general counsel for the Oregon Short Line, and It Is understood a right of way will be filed on at once. In view of the fact that there is much talk of a road being built from Denver to this place, and because would probably come down the river, this move is looked upon witfi much interest. It would give the Short Line a right of way through the canyon. MAKE IT CHEAP TO BUY. Walla Walla Merchants Fight for Rural Trade. WALLA WALLA, Wash., Dec 5. (Special.) The second chapter In the fight for the rural trade of Walla Walla and Umatilla counties was begun this morn ing when at the Instance of local mer chants the O. R. & N. Company decided to put on special trains from Pendleton on December 7, 21 and 23. Merchants here want to . capture the holiday trade of Weston, Milton and Athena, and will re bate to- all excursionists buying goods here about two-thirds of the cost of their tickets. They are enthusiastic and are already planning special holiday attrac tions and prlcea This move is in retalla tion of Pendleton's attempt last month to run regular excursions. NORTHWEST DEAD. C. O. T. Williams. OREGON CITY. Or.. Dec 5. -fSne cial.) C. O. T. Williams, who died at his home in this city Sunday after noon, was a native of Poolvllle. Md. where he was born April 4, 1S33. When a smau noy ne removed with his par ents to jviaryiano ana suosequently uvea in .Illinois, m 1S52 he joined s party of emigrants at Lexineton I1L and started across the nlatns. nernnn. any driving an ox team. In the Fall of tnat year the party, which included Dr. Cardwell. of Portland, reached Cal ifornia, where for a number of years Mr. Williams engaged in mining. He traveled oacK and forth between Cali fornia and Oretron for about t en v. re and finally located at Oregon City In iobi. wnere, with the exception of three years' residence at Portland, he lived continuously. Mr. Williams was prominent in tho business and public life of the commu nity in which he resided. In 1680 he was elected county Clerk, and was re turned to the office for the second term, At the expiration of this service li June. 1884. he was elected State Rorm tor. and served Clackamas rvmntv one term in that capacity. He after wards was elected City Recorder, and until within a few days preceding his death served as Clerk of the Oregon City SchOOl Board. In fraternal .'nlrrtf.c Mr. Williams associated prominently. ior more tnan 30 years he belonged to me uaaiciiows' lodge and was charter member of the loeni a o W. lodge. He is survived by a wife and three daughters, as follows: Mrs. J. M. Lawrence, Bend, Or.; Mrs. C. G. Miller, and- Miss "Veda Williams, both of this city. Dr. E. G. Pugsley. WALLA .WALLA, Wash., Dec 5. (Special.) Dr. E. G. Pugsley, who died In Tacoma last night, was a well-known man here. He came here In 1800, since which time he has led a retired life with his children, Mrs. C. N. McLean and Mrs Stanley Dean of this city. He was a sur geon In the Mexican and Civil Wars. He was born In New York S4 years ago. His body will arrive here tomorrow. Medical Society Officers. ASTORIA, Or.. Dec 5. (Special.) The Clatsop County Medical Society has elect ed the following officers to serve during the ensuing year: President. Alfred Kin ney; vice-president, J. A. Fulton: treas urer. O. B. Estes; secretary, H. L. Hen derson. Elks' Memorial Services. EUGENE, Or., Dec 5. (Special.) The annual memorial services of the Eugen Lodge. B. P. O. E., were held last night and were well attended by members of the order. Dr. D. A. Paine delivered the memorial address. Teachers' Life Diplomas. SALEM, Or Dec 5. (Special.) The State Board of Education granted state teachers papers today as follows: Life diplomas Anna D. Stecn, Owyhee: Lot tie E. Margon, Brownsville; J. B. Marsh Aurora. MONEY FOR INSANE Asylum's Superintendent Tells What It Needs. TO SEPARATE CONSUMPTIVES nmates Increased Nearly Ten Per Cent in Last Two Years, and Thirty Per Cent of Those Committed Were Cured. Recommendations of Superintendent of State Insane Asylum: That a branch .asylum be established at ame suitable place. That ftOO.OOO, belnc ?12 per month per capita, be appropriated for main tenance for the next two yeare. That a rw wins be constructed coatlnr $45,000. That a ward be constructed for the .criminal insane. That 5100.000 be appropriated for new buildings and improvements, Including a sanatorium? for consumptives. That the peveral counties be required to refund to the state the expense of caring for patients committed by reason of Infirm or aced condition, or through Intemperance or the opium habit. SALEM, Or., Dec 5. (Special.) The biennial report of Superintendent J. F. Calbreath, of the State Insane Asylum, shows that the population of that in stitution has grown from 1256 to 1373 in the past two years, and that since the number of patients Is reaching the maximum that can be cared for eco nomically in one institution, tho estab lishment of a branch asylum Is advis able. While nothing is said as to tho best location for such an institution. the Inference to be drawn from the re port is that It should' be located in Eastern Oregon, where patients can be taken to It with less expense and with less delay, and where' It will be moro convenient for relatives or friends to .Professor A. 1". ITersbner. Professor A. F. Hershncr, elected president of the Multnomah County Teachers' Association, is principal ot the Greshara public and high school. He was formerly principal of the Cor Tall Is public school before belnjr elected to the Grcsham school. He has already taken hich rank among the educators of this county, and his election as pres ident of the association will add strength to that organization. visit patients confined in the asylum. The superintendent says that by the time a branch asylum can be prepared, the population of the present Institu tion will reach 1700. The report makes no reference to the constitutional pro vision that all state institutions shall be located at the capital. Thirty per cent of the number of pa tients admitted to the asylum have been discharged either as cured or much improved. The number of deaths is 13 per cent of the number of ad missions, and tuberculosis was tho cause of 21 per cent of the deaths. Be cause of the prevalence of this disease, the superintendent recornmends the construction of two suitable buildings, costing $2500 each, for victims of this disease. Expenses Per Capita. The superintendent says that the per capita expense of maintenance has been $9.98 per month during the last two years, but this did not Include the ex pense for lighting, improvements and repairs, cost of returning patients to their homes, or the expenditures for library and amusements. It is proposed In the future to have all of these in cluded in the maintenance fund, so that the per capita expense will be a more correct showing of the actual and the aggregate expense of conducting1 the institution. "Estimating the current expense per patient to be the same for the next two years as the term just closed, the probable per capita cost, with the above items Included, will be at least $12 per month. Appropriations asked for permanent improvements are as follows: Vhat Asylum Needs. Building and furnishing new wlng....$ 45,000 Finishing and furnishing quarantine building 1.500 Five new lavatories at $3250 each 16,250 Constructing blacksmith shop 450 Hose cart bouse, asylum farm.......... 350 Two cottagen for consumptives......... 5.000 New cottage for physician 2.500 New heating ysern for cottages........ 3,000 Painting bulldlngn and cottages $ 10,000 Compartments for criminal insane.... 7.500 Cementing walls of asylum buljdlng.. 5.000 Modem steam cookers for farm ' fHX) Finishing Ward 23 1.650 Total $100,000 The statistical report shows the fol lowing movement of insane asylum population: v Males. Females. Total. In asylum October 1. lf02. KSO 370 1256 Admitted during term.... 508 273 841 Escapes returned 40 2 51 Under treatment ...1457 651 2148 Discharged recovered .... 115 47 IBS Discharged much Improved 46 4rt W2 Discharged Improved .... 25 28 53 Discharged not Improved.- 43 13 56 District Alaska Insane... 3S 5 43 Died 206 , S 282 Escaped 75 2 Totals 548 22; Remaining Sept. 30. 1004. 049 42J 775 1373 In transmitting the superintendents report to the Legislature, the Board 'of Trustees suggests that there is no rea son why the state should alone bear the expense of caring for those patients wno are committed to the asylum be cause they nre aged or infirm, and It is recommended that a law be enacted re quiring the several counties to pay to the state the cost of caring for these patients. Where Inmates Come From. The superintendents report shows that the patients now In the asylum were committed from the following counties: Baker 58, Benton 23, Clackamas 65, Clatsop 69, Columbia 21, Coos 35, Crook 17, Curry 3, Douglas 48, Gilliam 16, Grant 15, Harney 9, Jackson 37, Joseph ine 23, Klamath 8, Lake 9, Lane 60. Linn 54, Lincoln 4. Malheur 6, Marion 125, Morrow 12, Multnomah 397, Polk 17, Sherman 2, Tillamook 7, Umatilla 59, Union 36, Wallowa 8, Wasco 53. Wash ington 44, Wheeler 4, Yamhill 28; total 1373. BRIDGE LINKS "STATES. New Structure Across Snake River at Weiser. WEISER. Idaho, Dec 5. (Special.) The exercises at the opening- of the big bridge across the Snake River at this place were somewhat marred today by the nonarrlval of Governor Morrison, of Idaho, and Governor Chamberlain, of Oregon, who telegraphed at the eleventh hour they, were unable to attend. The splendid structure links the two states, and it was considered benefiting that the executives of the two states should participate in its opening. At 2 P. M. a crowd of nearly 2000 people, pre ceded by the Weiser Band, repaired to the bridge, where they listened to a short address by Mayor Van Sicklln, of Weiser, and witnessed E. M. Barton; one of the bridge commissioners, and one of the leading spirits In bringing the great en terprise to a successful issue, drive the last spike In the structure. A number of members of the Legisla ture who worked for the passage of the bill appropriating $15,000 for its construc tion were invited guests, and were ban queted by the citizens. This evening an Immense crowd are gathered at the opera-house, where addresses were made by leading citizens, and a dance is In prog ress. The Weiser bridge Is the only wagon bridge between Lewiston and American Falls, a distance of more than 500 miles. It Is a free bridge. It brings a large and growing community on the Oregon side of the river into direct com munication with this city. Following is a summarized description of the bridge: Length, nearly 900 feet; five steel spans of 140 feet each; approach on Oregon side, 160 feet; on Idaho side, 30 feet; five concrete spans In river, built from bedrock; four steel tube abutment piers filled with concrete; floor laid with 2"-Inch Oregon plank; roadway, IS feet wide, to allow passing of two hay wak ons; 24 feet above Government low-water mark; over 600 yards of concrete used In construction of piers; built by American Bridge Company; cost, $35,500; State of Idaho appropriated $15,000; Malheur Coun ty, $1000; remainder ot cost of structure contributed by citizens of Weiser and ranchmen; completed December 1. Makaweli Heard From. SAN FRANCISCO, Dec 5. News was received here today that the barkentlne Makaweli, Captain Nellscn, arrived today at Mazatlan, her destination, after a long passage of 35 days from Tacoma with a cargo of coal. Her arrival removes hor from the list of vessels that might have been wrecked on the. Vancouver Isl and coast early in November. ETTN FORCES BANK TO CLOSE Buffalo Institution Is in State Official. Hands of BUFFALO, Dec 5. The German Bank, of Buffalo, was closed today by State Superintendent of Banking Kil burn, because of a run which began with the opening of the doors and continued to grow in volume as the day advanced. A big crowd of excited depositors gathered in front of the German Bank seeking information .Officers were placed at the door and J no ot. was allowed to enter. All this excitement had the inevitable result of sending nervous depositors hurry ing to the German American Bank. Soon after the announcement was made that the German Bank had closed the Buffalo Clearing-House Association issued a statement that it would stand by the German American Bank, and meet all demands made on it. It was also announced that President Emery and two of the directors of the Ger man American Bank had resigned, and that their places had been taken by three Buffalo men. These two an nouncements had a reassuring1 effect and several large deposits which had been, withdrawn were again -placed In the bank. Small depositors, however. continued to draw out their money and at 3 o'clock nearly 100 people were In line before the cashier's window. All of them were paid before the bank closed for the day. The German Bank was placed In . charge of George S Leonard, of the State Banking Depart mcnt. Superintendent Kllburn is of the opinion that the German Bank will not resume business. In regard to the bank's assets he said: "I can tell more about that after our examination completed. There is $650,000 In paper of Arthur Appleyard. I do not know how much can be realized upon this at once. Mr. Appleyard is a promoter, and I am told he is worth $1,500,000 He recently paid over to the German American Bank $100,000 on short no tlce. A great deal of their money la out on what might be designated as slow loans.. The deposits amount to between $5,000,000 and $5,000,000, About $3,000,000 of that sum represents business that should have been done with a savings bank rather than a dis count bank. It being1 the accounts of small depositors." $500,000 Sent to San Francisco. NEW YORK. Dec 5. Four local banks subtreasury today transferred by telegraph $500,000 to San Francisco and $200,000 to New Orleans. HAKES PLEA FOE UNITY. Gompens 'Addresses Delegates of th ChlcagdVederation. of Labor. CHICAGO. Dec. 5. In an earnest ad dress, President Samuel Gompers, ot the American Federation of Labor, yesterday pleaded with the delegates to the Chicago Federation for unity. Before the meet ing ended, plans were announced the ex ecution of which will lead to the restora tion to the Chicago Federation of its charter, which was revoked November 1. According to these plans, the steam fitters and the Franklin Union of Press Feeders are to withdraw from the Fed eration. The executive council of the American Federation will try to reconcile tlie rival organizations on a basis calcu lated to give permanent peace. Gompers lauded the American Federa tion. The reasons for its success are to be found, he said. In the large measure of Independence enjoyed by the various unions constituting the National body, together with the discipline enforced by the latter. Thus, he pointed out. the strength of the separate organizations Is increased, and at the same time their harmonious co-operation is insured. Always Keep Chamberlain's Cough Remedy ia the House. "We would not be without Chamber lain's Cough Remedy. It Is kept on hand continually in our home." says W. W. Kearney, editor of the Independent, Lowry City. Mo. That Is just what everv family should do. When kept at hand ready for Instant use. then a cold may be checked In the outset and cured In much less time than after It has become set tled in the system. This remedy Is also without a peer for croup in children, and will prevent the attack when given as soon as the child becomes hoarse, or even after the croupy cough appears, which can only be done when the remedy Is kept at hand. It has won. Its great popularity and extensive sale by Its re markable cures of colds and croup, and can always be depended upon. For sale by all druggists. MAY ADD TO DEBTS Seattle Faces Demand for . City Improvements. ALL OPPOSED BUT NEW JAIL Site for City Hall, and Adequate Building, Prison and Lighting Plant Extensions to Be Voted On. SEATTLE, Wash.. Dec 5. (Special.) With a debt of $3,500,000 In bonds and out standing warrants already against the city, Seattle will tomorrow vote on prop ositions to add an additional $1,075,000 in bonded Indebtedness. The charge will be against the city on account of municipal expenses. Just as are the bonds and war rants' amounting to $5,500,000. Th'ls total does not take Into account the millions Involved In the local Improvement Indebt edness charged against certain small dis tricts, the sum owed on account of the Seattle school district and Seattle's share of the King County Indebtedness. It Is merely the charge that has been accumu lated against the credit of the city proper. t A new City Hall, a site for a City Hall. a new jail and municipal lighting plant extensions are covered In the Issues to be submitted Tuesday. Aside from the new jail all are being bitterly oppwd. It Is an open question whether the light ing bonds would be valid It voted by the people this week. The Council failed to begin the publication of the notice of the election at tho time the law specifies It should begin. Whether the Council knew, as Is charged, that the advertisement would Invalidate the election or not Is Immaterial If the courts hold, ag Is ex pected, that the municipal lighting bonds are not good. Of course that question will never get Into the courts if the proposition Is defeated. The lighting interests of Seattle are cur iously elated over tho failure of this measure to be properly advertised. The Seattle Electric Company. Snoqualmie Falls Power Company and the Diamond Ice Company have electric lighting fran chises in Seattle. A combination of two gas corporations puts- the gas business ot Seattle in tho hands of one company. Heretofore prices have been high and the project of extending the municipal light ing plant so as to enable the city to be come an active competitor for lighting business has been extremely popular. But the lighting companies promise a reduc tion of rates at the beginning of the year. If all the .needed concessions are granted tho necessity for belated advertising of the lighting bonds Is not so easily ap parent, and the claim that a mistake was made can be accepted. The people in the past have enthusiastically favored the lighting plant extensions, but It Is only within recent weeks that the plant was completed so as to allow the power to be brought Into the city. Those who have visited Seattle know what the present City Hall resembles. It Is a curiously shaped and inefficient wooden building occupying a prominent corner in the down-town district. Officials are cramped for room and the City Hall site is not adequate for a new buildln were one authorized. That Is the reason that not only does the Council submit proposal that new City Hall bonds be floated but that a loan for tho purpose of buying a site be negotiated. That the ja'l issue will carry Is gen erally believed. The present City Jail Is a worm-eaten structure out of which criminals break almost as often as the love of liberty prompts them. Moreover, it Is a filthy hole. In the rainy season one can go down into the basement or lower corridor of the jail and find water standing on the cement flooring. Apart from the plight of the prisoners, the po lice themselves lack facilities for admin istering the laws. If the jail bonds are authorized and a new site is selected, there would be made available a new part of the Clty Hall that could be rebuilt and occupied by the city officials. This would do away with, the pressing need for the expendl ture of more than $500,000 on a new struc ture. That Is the point that Is being made by the opponents of the bond issue. The Council has asked that $175,000 be authorized for a new jail; $150,000 for City Hall site; $500,000 for a new City Hall, and $250,000 for the extension of the municipal lighting bonds. This, as shown would add a total of $l,073,OnO to the pres ent outstanding Indebtedness ot the city on account of municipal administration Under the law the city Is presumed to begin the creation of a sinking fund for the redemption of outstanding bonds seven years before they fall due. This should have been done in the case of 1SD0. 1S91 and 1S92 bonds, but the Council either overlooked it or paid no attention to the law's mandate. The city Is now short something like $700,000 that should be in the sinking fund, held to take up outstanding Indebtedness when it falls due. When it tvas discovered that the sink Ing fund had been forgotten, the city inquired of the bondholders whether they would permit refunding when the bonds should be paid off. That was agreed to and the city is now pledged to the policy of refunding $4,200,000 of the total Indebt edness, leaving it to be met at some fu ture and indefinite date. The $4,200,000 represents tho bonded in debtedness hanging over the city at the present time. In addition, there are $1,09,000 of water warrants outstanding. These are an obligation against the mu nlcipal water system, and represent what is left of an original Issue of $1.2o0.000. Then there are $140,000 of outstanding warrants representing Judgments that ' have been obtained against the city and for which warrants were Issued. Another FOR TWENTY YEARS Not an Unusual Instance. "I used Pyramid Pile Cure and have not had any trouble since. I have been a sufferer with piles for 20 years. I think It is the best remedy on earth for piles Hoping this may help others to use this remedy," Mrs. J. D. Teller. R. F. D. 20, Soarta. Mich. It is a singular fact that although many women suffer from piles, or hemorrhoids, they frequently do not have proper treat ment because of a delicacy women have In mentioning such a subject. Especially Is this the cases with those who have no husband or brother In whom they can confide: and a physician Is seldom con suited until the pain and agony Incident to piles becomes unbearable. Thousands of women have suffered even longer than did Mrs. Teller, alway experiencing slight or temporary relief. If any, from tho various remedies used and finally settling down to the convic tion that a cure in their cases was 1m possible.- Pyramid Pile Cure has come as a boon to all such, aa it seldom, ever falls to effect a permanent cure. It is sold by druggists for 50 cents a pack age, or will bo mailed by the makers to any address, upon receipt ot price. Abso lute secrecy Is guaranteed, and no name Is ever used without the consent of the writer. It Is suggested that those Interested write to Pyramid Drug Co.. Marshall Mich., for their little book describing the causes and - cure ot piles, as it is sent free for the asking. $75,090 of judgments and other .Indebted ness is not represented by warrants. During the coming year the City Coun cil has decided that $2,033,346 must be expended to carry on municipal affairs. Of this amount only $991,000 is to be raised by general taxation. There Is J550.CCO in fixed Income and some $197,200 in the treasury at the present time. The Income of the city Is, of course, merely given In round figures, but it is esti mated to be practically sufficient to meet the estimated expenditures ot the year. To do this a tax levy of 14 mills in the old limits and of 13 mills in the new was fixed by the City Council. It is more or less familiarity with these figures that makes the bond election next week decidedly interesting and arouses interest among taxpayers generally. There may not be much of a vote next 4, Tuesdav. but the heavy property-owners will be out, voting one way or the other. TRAIN'S FATAL SPEED. Charles Waring Killed With Team at Street Crossing. CHEHALIS. Wash.. Dec 5. (Special.) Charges Waring, while driving a team owned by Harry West, was run over by the cars at the Prindle-strcct crossing this morning and fatally injured, having his skull fractured and right leg cut off. Owing to the rattle .of the wagon, War ing did, not hear the train approaching until it was upon him. His team had not et crossed the track, and he tried to turn off instead of going straight ahead. Both horses were killed, and the wagon demonllshed. The train was a heavy southbound freight with an engine behind and was running through town at 30 miles an hour. Oregon. Mormons Meet. LA GRANDE. Or.. Dec 5. (Special.) The quarterly conference of the Union stake of the Mormon Church, which In cludes all of Eastern Oregon and some parts of Idaho, closed last night after two days meeting In this city, in which the general condition of the Sunday schools, societies, etc.. were discussed The attendance was greater than at any time at the conferences heretofore, and prominent leaders of the Salt Lake church were here. A choir of 40 voices under the direction of Professor Edwards, of Baker City, was hero for the occa sion. It was decided at this conference that the Immense tabernacle which is being erected in La Grande should be completed next Summer and be ready for use early next Fall. Sold Half Interest in Ranch. LA GRANDE, Or., Dec 5. (Special.) An important real estate deal has been perfected at Elgin, 33 miles from here. H. Towner has sold one-half Interest In me property tuiowa as xiinaman e -town-er's Indian Creek farm to J. L. Hlndman the consideration for the half-interest In the land and livestock being $90,000. This farm Is about two miles from Elgin, and contains 1160 acres, and Is one of the best agricultural properties In Union County. Inspect Road to Beach. HOQUIAM, Wash.. Dec 5. (Special.) A special car with F. R. Levy, assistant to the president of the Northern Pacific Railroad; H. J. Horn, general manager; E. J. Plerson. chief engineer; A. E. Law, assistant general superintendent, and T. H. Crosswell, division engineer, came In this morning at 11 o'clock to Inspect the road between here and the beach. They will return to Tacoma tomorrow morning. Claim-Jumpers Busy. GRANT'S PASS, Or.. Dec. 5. Claim- Jumpers continue to do their work in the Sucker Creek district. A claim owned by Sheriff Lewis, of this city, has recently been Jumped, and as the claim Is valued quite highly by the Sheriff and has had two years assess- IIXNEVER EQUALED PsY OTHERS. PU0DrAe TO SUIT ALL JThey act like Exercise. I jWly e Bowels H Doctors of the St. Louis Dispensary SPECIALISTS IN DISEASES OF MEN VARICOCELE, HYDROCELE practice in Portland prove that our methods of treat ment are safe and certain. iTfae Master Specialist Call at our offices or write, and if we find that you of Portlaad. who cure cannot be cured we will IVOT accept your money sea oaly. who yjfDEU ANY CONDITIONS; and if we find you are patients personally. curable we will guarantee a SAFK AND POSITIVE Established l&ZO. CURE in the shortest possible time, without injurious after effects. Our charges will be as low as possible for conscientious, killful and successful service Consult us before consenting to any surirical nroceduro upon Important blood vessels and organs. SPECIAL HOME TREATMENT. If you cannot call write us. Always in close ten 2-cent stamps for reply. OFFICE HOURS! S A. 91. to S,P. 31.; SUNDAYS 10 to 2 ONLY. THIS DR. KESSXKR. St. Louis Sea.3"" Dispensary Cor. Second and Yamhill Streets, Portland, Or. I Correct GloihesJorMen A spruceness of dress is also very proper and becoming at your age; as the negligence of it implies an indifference about pleasing, which does not become a young fellow. Lord Chesterfield io his son. Be spry in your duty; spruce in your dress. Wear raiment bear ing this label MAKER5 MEW 7RK I Q Equal to fine cuilom-made in all but price. Q The makers guarantee, and ours, with every garment. J We are Exclusive Agents in this city. BUFFUM & PENDLETON 31 1 Mormon Sl, opp. the Post-OfScs ment work done upon it, Mr. Lewis is anything1 but pleased over the usur pation of his rights and left yesterday to discuss the matter at close range with the Intruder. Electricity at Springfield. EUGENE, Or., Dec 5. Springfield, where Is located the big plant of the Lane County Electric Company, which furnishes lights for Eugene and the Booth-Kelly Company's big sawmill, was lighted by electricity for the first time Saturday night. The city has contracted for quito a number of street lights, and many of the business houses and residences have discarded kerosene for electricity. Office Now Third Class. K A LAMA, Wash., Dec. 5. (Special.).) W. H. Imus, Postmaster, received notice thl3 morning from the Postofiice Depart ment that on January 1 the Kalama of fice would be raised to the third class. The office cancelled stamps to the amount of $252 during the quarter ending Sep tember 30. 1S04, which was the lowest quarter during the year. Ordered to Puget Sound Navy-Yard. OREGONIAN NEWS BUREAU, .Wash ington. Dec. 5. Naval Constructor J. D. Beurett was today detached from the Bu reau of Construction and Repair In the Navy Department at Washington and will proceed to Puget Sound navy-yard for duty as head of the department ot con struction and repairs of that yard. Drown In Log Boom. SPOKANE, Wash., Dec. 5. The bodies of Percy Harris and Kenneth Wiiley were found under the logs In Lake Coeur d'Alene, at Cameron's Ferry, Idaho, this morning. The boys, who were about 8 yeara old. were last seen about 4 P. M. Sunday. They had been playing about the logs. Do not purge or weaken the bowels, but act especially on the liver and bile. A perfect liver corrector. Carter's Little Liver Pills. NERVOUS DEBILITY BLOOD POISON, RUPTURE, KID NEY AND URINARY DISEASES and all diseases and weaknesses ot men, due to in neritance. naolis, excesses, or tne result ul speciuc diseases. Every man who Is afflicted owes it to himself and his posterity to get cured safely and positively, with out leaving any bllgnt or weakness in his system. We make no misleading- statements or unbusiness like propositions to tue altlicted in order to secure thp.ir natronaire. The many years of our successful