THE MORNING OKEGON1AN, TUESDAY, APEIL 4, 1905.
' AGAINST TRUST LAW
Why Harriman Can't Recover
His N. P, Stock,
SUPREME COURT'S OPINION
Reasons Given for Refusing to In
terfere With Distribution of
Northern Securities Assets
Party to Illegal DeaI.
WASHINGTON', April 3. In the Su
preme Court of the Unltod'States today
the Chief Justice handed down the
opinion of the court In the case of Har
riman v.s The Northern Securities Com
pany, the decision which -was an
nounced several weeks ago. The mo
tion for the immediate issuance of the
mandate was denied, the date for issu
ance being- fixed for April 15.
After stating- the case at length, the
Chief Justice said:
In the present case complainants seek the
return of property delivered to the Securi
ties Company, pursuant to an executed con
tract of sale on the (round of th Illegality
of that contract, but the record discloses no
special considerations of equity, justice or
public policy which would Justify the courts
in relaxing the right of the rulo which bars
a recovery. The Circuit Court decrees and
the action of the Attorney-General of the
l'nltd States puts at rest any question that
the ratable distribution resolved on was in
violation of public policy, and it Is clear
enough that the delivery to complainants of
a majority of the total .Northern Pacific
Ftock and a ratable distribution of the re
maining assets to the other securities stock
holders would not only be in itself in
equitable, but -wouU directly contravene the
object of the Sherman law and the pur
poses of the. Government suit.
The Northern Pacific system, taken in con
nection with the Burlington system, is com
petitive -with the Union Pacific system, and
it seems obvious to us, the entire record con
sidered, that the decree sought by com
plainants would tend to smother that com
petition. The superior equities, as against complain
ants" present claim, of the many holders of
Securities shares, who purchased In reliance
on the belief that they thereby acquired a
ratable interest in all of the assets of the
Securities Company, arc too plain to be
ignored.
The illegal contract could not be made
legal by estoppel, but the ownership of the
assets, unaffected by a special Interest in
complainants, could be placed beyond dis
pute on their part by their conduct in hold
ing the Securities Company out to the world
as unconditional owner. And without rep
lrscntlng in detail what has been already
eel out it is plain that right of rescission
of the executed contract of November 18.
lPOi, even It rescission could have otherwise
been sustained, had been lost by acqulscence
and laches at the time this bill was filed.
"Since the transfer of that date Securities
ftock had passed into the hands of more
than 2300 holders, many of them In Great
Britain. France and other parts of Europe.
Nearly a year after the filing of the Govern
ment bill, 75,000 shares were sold for cash,
complainant Harriman concurring, some
months after Harriman and Pierce and the
Oregon Short Line Company pledged their
24.000 shares to the Equitable Trust Com
pany. Notwithstanding the decree of April
9. IflOS. they stood on their rights as share
holders, and it was not until after March 22,
1O04. when defendant's board of directors re
solved upon distribution that complainants
undertook to change an election also pro
nounced to be irrecoverable in itself, in view
of the rights of others.
We regard the contention that complain
ants are exempt from the doctrine in pari
delicto because the parties acted in good
ri!th and without intention to violate the
laws as without merit. TVith knowledge of
facts and of the statute, the parties turned
out to be mistaken In supposing - that the
statute would not be held applicable to the
facts. Neither can plead ignorance of the
law as against the other, and defendant se
cured no unfair advantage in retaining the
consideration voluntarily delivered for the
price agreed. "With full knowledge of that
intention, the proceedings of the two com
panies followed in November, 1001, and the
absolute and unconditional sale and pur
chase, as we hold the transaction to have
been. Wo find no evidence of any express
agreement that complainants should be en
titled to the new common stock, and it was
certainly not the natural Increase of the old
stock, but the result of the exercise of the
right of subscription. The purchase by the
Securities Company was on its own account
and not In trust, and cannot bo disturbed
because of illegal purpose at the clamor of
the parties In pari delicto. "And there ft
bore no offer of the restoration of the status
quo if that were practicable. Doubtless it
became the duty of the Securities Company
to end a situation that had been adjudged
unlawful and this could be effected by sale
and distribution In cash or by distribution
in kind and the latter method was adopted,
and wisely adopted, as we think, for the
forced sale of several hundred thousand
thares of stock would have manifestly in
volved disastrous results.
In fine, the title to these stocks has Inten
tionally been passed, the former owner or
part of them cannot reclaim the specific
shares and must be content with their rat
able proportion of the corporate assets.
Decree affirmed. Case remanded to Cir
cuit Court with a direction to dismiss the
bill.
COLLECTION OF DUTY UPHELD
Supreme Court Defines Philippine
Tariff Law During Rebellion.
WASHINGTON. D. C, April 2.-Justkc
tHolmes. of the Supreme Court of the
"United States, today delivered the opin
ion of that court in the case of Henry
"W. Peabody & Co. and Warner Barnes
& Co. vs. the United State?, In opposition
to the contentions of the Government.
These suits were brought to recover du
ties from the firms on merchandise
shipped by them from New York to Ma
nila, between April 11. 1899. the date when
the ratifications of the treaty with Spain
were exchanged, and October 25, IDOL
The decision followed the lines of the
judgment of the court in the 14 diamond
rings case, in which it was held that after
the titles passed to the United States
there was nothing in. the Philippine In
surrection of sufficient gravity to give the
Islands the character of foreign coun
tries within the meaning of the tariff act.
Justice Holmes said:
The President's order was isued during the
war with Spain, nine months before the treaty
or peace was made. It was a measure taken
with reference to that war alone, and ntrt
with reference to the insurrection of the na
tive Inhabitants of the Philippines, which did
not happen until much later. The natural
-view would be that the order expired by its
own terms when the war with Spain wa at
an end. The order cays that "upon the occu
pation of any forts and places in tho Philip
pines by the forces of the United States the
duties shall be levied and collected as a mili
tary contribution."
Of course, this was not a power in blank for
a military occasion which might turn up in
the future-. It was a regulation for and dur
ing an existing war, referred to as definltely
as if it had been named.
The opinion reserves decisions of the
Court of Claims and of the District
Court fop the Southern District of New
York.
Shipowners Not to Blame.
WASHINGTON. April 3. In an opinion
by Justice Day, the Supreme Court of the
United States today reversed tho decis
ion of the Circuit Court of Appeals for
the Ninth Circuit In the case of Hack
fcld & Co. vs. the United States. - The
case- involved the construction of the law
holding shipowners responsible for neg
lect to return immigrants when requested
to do so. In this case the immigrants
wore Japanese who escaped from a locked
room on shipboard. The Government
took the position that the statute requires
the return of rejected Immigrants under
ail circumstances, and the Circuit Court
of Appeals took that view. The Supreme
Court, however, took the view in today's
opinion that shipowners arc required only
to exercise due diligence in such cases,
and failed to hold the shipowners respon
sible for the escape of the immigrants.
WATER IN GAS STOCK.
Revelations on How New York Trust
Works.
NEW YORK, April 3. Nearly 5,000.000.
000 of the 13,000.000.000 feet of gas supplied
to consumers In New York City by the
Consolidated Gas Company last year was
purchased from the New Amsterdam and
other gas companies at the rate of from
2S to 40 cents per thousand cubic feet.
This fact was brought ou today during
the examination of Benjamin A- White
ley, assistant secretary of the Consoli
dated Gas Company, before the legisla
tive committee which is inquiring into
the lighting conditions In this city. The
Consoldated Gas Company supplies gas
to consumers at $1 per thousand cubic
feet.
Robert A. Carter, secretary of the com
pany, who followed Mr. Whlteley on the
stand, was asked to explain what dispo
sition had been made of the $20,000,000
which was realized when the capital stock
of the company was Increased from 5S0,
000,000 to 5100,090,000. He replied that it
had been used for "constuction pur
poses." By referring to a statement which
had beon prepared for the committee,
however, Mr. Hughes found that nearly
$12,000,000 of this sum had been Invested
In corporated stock of the City of New
York at a low rato of Interest, while
the stockholders were being paid inter
est on the sum at the rate of 6 per cent.
Mr. Cartetr explained that this was done
because the company might need the
money at any time and wanted to have
it available. He did not know that it
would be wanted in three months, or even
in six months, however.
"Meantime you arc paying 6 per cent
on this $12,000,000 out of the profits of
the company and charging up those pay
ments as part of the expenses of gas
making?" said Mr. Hughes.
"Precisely," replied the witness.
The examination of Henry M. Edwards,
auuitor of the New York Edison Com
pany, developed the fact that, while the
actual value of the properties owned
by the Edison Company at the time of
consoimatlon with the Consolidated Gas
Company was approximately $19,500,000.
the company had outstanding stock and
bond Issues aggregating $64,000,000.
jjIOYEE SITES STATE OFFICERS
President of Miners Claims Damages
for Illegal Imprisonment.
DENVER. April 3.-John H. Murphy, as
attorney for Charles H. Mover, president
of the Western Federation of Miners, filed
a complaint today In the United States
Court against James H. Peabody, ex-Governor
of Colorado; Sherman Bell, ex-Adju
tant-General, and Captain Mulkeley Wells
(now Adjutant-General)) who was mili
tary commander in Tolluridc, while that
city was knder martial law, alleging that
Moyer was subjected to hardships, humi
liations and disgrace by the defendants
without probafile cause and also without
legal process. He was also deprived, the
complaint reads, of having a public and
speedy trial by an impartial jury in the
district in which the offense is alleged to
have been committed. The confinement.
It Is alleged, greatly impaired the plain
tiff's health.
The complaint asserts that the defend
ants were guilty of malice and that they
should be imprisoned according to law.
Moyer was held as a military prisoner.
Damages In the sum of $100,000 are de
manded from each of the defendants.
TE0LLEY CAR THE STRONGER
.Knocks Out Automobile and Injures
Prominent Pittsburgers.
PHILADELPHIA. April 3. Three prom
inent residents of Pittsburg were severely
cut and bruised and & well known manu
facturer of this city was dangerously hurt
when an automobile. In which the party
was riding, collided with a street car.
The party consisted of Charles S. Frlsh
muth, president of the Homer Brass Com
pany of this city; Archibald N. McCrea,
president of the Union Spring Manufac
turing Company of Pittsburg; James Mc
Crea, vice-president of the Pennsylvania
Coal Company: W. B. Shoen, of the Shoen
Steel Wheel Company of Pittsburg, and
L. G. Wood, manager of the banking firm
of Mellon & Co., Pittsburg. The four men
were taken to the hospital.
Mr. Frlsmuth was Injured internally
and sustained a serious concussion of the
brain. He was still unconscious at a late
hour. Mr. McCrea has a deep wound in
the scalp. Mr. Shoen was cut and bruised
about the head and Mr. Wood was
bruised. The chaffeur escaped uninjured.
The trolley car was not damaged.
COUNCIL OF CHURCH CALLED
Porcurator Agres With Bishops That
Reform Is Needed.
ST. PETERSBURG. April 3. The
Holy Synod has yielded to the request
preferred at the recent meeting of the
three Metropdlitaus and a number of
bishops that the church requost the
Emperor, to summon In the Spring
from all Russui "a council of the
church" for the purpose of revising tho
management of the church and restor
ing the Patriarchlate of Russia.
Senator Sablor, the aide of Procurator-General
Pobedonostzcff, declares
that the Procurator-Gcnoral Is also
convinced of the necessity for greater
freedom of the church and says he will
not oppose the proposed change.
Sub-Station at Chamber of Commerce
Arrangements have been completed by
Postmaster Minto for the establishment
of substation No. 3 in the Chamber of
Commerce building and this office will
probably be In operation by May 15.
This station will take the place of that
made vacant by the resignation of Wodd
ard, Clarko & Co. some time ago and will
be one of the most important substations.
New Appointment for Grunsky.
WASHINGTON. April 3.-C. B. Grunsky.
who last Saturday tendered his resigna
tion as one of the lethmian Canal Com
missioners, has been appointed a consult
ing engineer in the Reclamation Service.
Secretary and Mrs. Hay at Genoa.
GENOA, April 3. The White Star Line
steamer Cretic, with Secretary of State
and Mrs. Hay on board arrived here to
day from Naples. Mr. Hay's health Is In
a satisfactory condition.
Doubles New -York Mayor's Term.
ALBANY. N. Y.. April S.-The Assembly
tonight unanimously passed the bill mak
ing the term of office of the Mayor of New
lork four years Instead of two.
STAR BREWERY SOLD
Deal Made With Transfer of
Shares of Stock,
FREIWALD MADE CHAIRMAN
Officers of the Newly Formed Cor
poration Are Elected 'and In
stalled for Northern Brewing
Company as Owner.
. The report coming from Cleveland, Ohio,
a few weeks ago that a large syndicate
had been formed for the purpose of pur
chasing the breweries of Portland has
been partially confirmed, with the taking
over of the Star Brewery.
Several 'days ago a party of Cleveland
capitalists arrived Mn this city for the
purpose of Investigation, and as a result
definite plans were outlined yesterday for
the purchase of a part .of the stock of
President Gustav Freiwald. of the Star
Brewery, by the newly-formed corpora
tion. The transfer of stock took place
yesterday and the newly-elected, officers
were installed last night at a special
meeting. They are: Gustav Freiwald,
chairman of the board of directors and
ex-officlo president of the company; Ad
am Mueller, vice-president and general
manager; C A. Paul Dachsel, treasurer;
Allen R. Smart, of Cleveland, secretary;
C. T. Steward, assistant secretary and
.treasurer.
While there is to be no change in the
active management of the brewery. It is
proposed to Increase largely the capacity
of the plant and to add new machinery.
The new company will be known as tho
Northern Brewing Company, and accord
ing to the Ideas expressed by the pro
moters, was organized for the purpose
of relieving Mr. Freiwald of a. part of his
holdings as president of the company and
to allow a few of the employes to obtain
an Interest In the concern.
Another of the objects of the promoters
was to secure more capital to handle tho
constantly growing business of the brew
ery and to have sufficient money to make
the necessary Improvements about the
plant.
There is to be no change in the active
management of the concern except that
the president expects to take a trip to
Europe within a few months and desires
to be relieved of a portion of the responsi
bilities. Last night the newly elected officers
were the hosts at a banquet in a local
restaurant, where speeches were made by
the Eastern capitalists that have pur
chased an Interest In the brewery, as well
as by the resident stockholders.
W. B. Whiting, of the legal firm of
Squire, Sanders & Dempsey, of Clove
land. Is the legal adviser of the new cor
poration. He has been In Portland for
the past week. He Is the attorney for
the Chicago. Rock Island & Pacific Rail
road and beside his Interest In the brew
cry proposition, takes an active Interest
In the railroad situation upon the Pacific
Coast. While he refuses to be Inter
viewed upon the subject, it is understood
that he has another object In visiting
this section than that of assisting in the
formation of a brewing syndicate.
CANDIDATES FILE APPLICATIONS
What Those Who Would Rule the
City Promise.
The crop of candidates for party nomi
nations as recorded yesterday in the City
Auditor's office follows:
For Mayor. W. B. Glafke. Republican;
for Municipal Judge, Gustav Anderson;
for Councilman-at-Large, H. A. Heppner,
Republican; for Councilman, Fifth Ward,
Edward H. Cahalln. Republican; for Coun
cilman, Seventh Ward, William F. Mer
rlman. "I pledge myself." says Mr. Glafke in
his petition, "to give the City of Portland
a clean, business administration on what
is called the Roosevelt plan, 'fear or favor
to none: justice to all.'
"Laws pertaining to gambling and other
vice?, as well as all others, will be en
forced. The Police Department will be
compelled to enforce all ordinances. The
Fire and the Street Departments will be
made as efficient ae possible.
"I will not pledge myself to any faction
or set of men. This leaves me free to
carry out a policy that will be for the
best interest of all."
Gustav Anderson, who desires to bo Mu
nicipal Judge, says: "If I am nominated
and elected 1 will, during my term of
office, advocate the following principle:
'Hew to the line: let tho chips fall where
they may. "
H. A. Heppner, who aspires to be Coun-ciman-at-large.
declare that he will dis
charge his duty "honestly in the Interest
of the taxpayers."
William F. Merriman. who desires to be
Councilman for the Seventh Ward. If nom
inated and elected "will during my term of
office labor to secure an economical ad
ministration of city business. I shall care
fully attend to the interests of the city
and of the ward. I shall favor a liberal
policy In Improvements, but not euch as
will confiscate property."
Edward H. Cahalln. who wishes to be
Councilman for the Fifth Ward, "will
during my term of office advocate honesty,
economy and purity in city affairs: beyond
this I make no pledges.
"I am opposed to what Is known as an
open town and to the Idea' that vice ought
to be licensed, encouraged or tolerated for
the reason that It benefits buslnesa or for
any other reason."
Will Sanction the Fair Games.
In reply to the request of Chairman
H. W. Kerrigan for the sanction of the
American Athletic Union for the Ex
position sports, Herbert Hauser has
wired:
' Upon receipt of advices from Mc
Millan. our commissioner, we will grant
Lor. is and Clark games.'
From lh' It apj.turs ths-.l the matter
will have to go through tne regular
channel, and now Chairman Kerrigan
will make application to George Mc
Millan, the Oregon commissioner of
the A. A. U., for the sanction. It was
thought at first that application could
be made direct to Hauser.
Arrangements are rapidly being
made for the games and work on the
grounds will soon begin.
Objects to Second Right of Way.
George W. Force, who has been sued
"to compel him to grant "a. right-of-way
privilege across his land to tho Portland,
Vancouver & St. Johns Railroad Com
pany, says the old Vancouver line already
has a track across his farm. He alleges
that the Portland. Vancouver & St. Johns
Railroad Company Is in reality the Port
land Consolidated Railway Company or
ganized to do what the latter company
cannot do. that is, to obtain a second
right of way over his land. The Consoli
dated Company is the successor in Inter
est to the right of way and lines of the
original Vancouver Company.
The suit against Force asks for a strip
of land 30 feet.
Pontoon and Float for Launches.
A special meeting of the commerce,
landing and wharves committee of the
City Council was held yesterday. Tho
object of the meeting was tb-t:onsIder
applications for a public landing pon-
toon at the foot of Stark street, wnere
launches and boats running between
the city and the Exposition grounds, as
well as the boats of the Government
vessels could hind.
After some discussion It was decided
to recommend the construction of a
pontoon at a cost of $200 by tne city,
measuring 12x24 feet and a movable
approach with guard rails 12 feet wide
leading from the street level to the
pontoon. The streets will be ordered
cleaned and put in good repair for the
traffic that Is expected In that (locality
when the new float is built.
Preparations in All Sections for
Thorough Exhibit.
At the Lewis and Clark Exposition
the Throop Institute at Pasadena, the
Lick School and the State Technical In
stitute at San Luis Obispo, leaders in
industrial work, will have attractive
displays. The old exhibit will be reno
vated and strengthened.
- Los Angeles will add materially to
its display. Deputy Superintendent J.
B. Monlux has charge of. it. The
written work of pupils, good and bad,
essential to show results and the value
of the system, -will be added as a fea
ture. Installation begins in May.
Robert Furlong, of San Francisco, in
charge of the educational exhibit of the
State of California at the Portland Fair
is in Los Angeles, In consultation with
Deputy Commissioner Wiggins, Pro
fessor Foshay and J. B. Monlux, of the
city schools, and Superintendent Kepel.
of the county schools. He stated that
Pasadena would make a fine showing
at the Fair, and that the state would
be well represented. Los Angeles Her
ald. Santa Ana has in her midst a little
family, which Is possessed of decided
musical talent. It consists of C L.
Butterfield and his four children, Dor
othy, aged 7; Marlon, 10 years old; Ber
nlce, 15, and Beatrice, 17. Mr. Butter
field's failing health caused him to give
up his business for a time and take a
trip by wagon. Portland. Or., and the
big Fair has been decided upon as the
destination of the little family. That
the trip may also be profitable finan
cially. Mr. Butterfield has efficiently
trained his girls so that thoy now form
an orchestra. Little Dorothy plays the
violin, seconding for her sister, Beat
rice; Miss Marion plays the cornet and
Mr. Butterfield the slide trombone. A
tiny piano weighing but 200 pounds has
been provided for the trip and Is pre
sided over by Miss Bernlce. 15 years of
age. Santa Ana Blade.
Secretary Frank Wiggins, of tho
Chamber of Commerce, left Los Angeles
Saturday for San Francisco, to attend a
meeting of the California Commission
to the Lewis and Clark Exposition, of
which he is a member. He will go
from there to Portland to Inspect the
new California building before return
ing. DISFIGURING SIGN DESTROYED
Falrview Citizens Pleased, but Offer
No Explanations.
Was the cigar loaded, or has the
spirit of civic pride pervaded Fair
view? Ask the suburbanites and the
only answer is the bland smile of Inno
cence and protestations of Ignorance,
but yet the fact remains that the huge
sign at FalrvJev.- advertising a well
known cigar v.'as destroyed iiast night.
Some, while disclaiming all knowledge,
hesitatingly confess tbat from the re
port of the explosion it looked as if
some dynamite had got mixed up with
the painted cigar.
This sign Is performing its allotted
work in the midst of trials that mi gut
discourage even a sandwich man. Ik
the first place it is not looked upon
with favor by the Falrvlewites, in fact
It Is abhorred, and many mean things
have been said about It. Standing near
the Hunter Hotel its prominence it is
said gains for it more attention from
the viewers on the passing trains than
Is given tlie town Itself. It Is even fell
that with Its immense size it blots out
the town altogether, and were It not
but for stray glimpses to be gotten
around its edges the people on the
trains would have to depend upon the
time tables for any knowledge of the
existence of a town there.
A short time ago on a dark, dark
night, for reasons which the board
can't, because it won't, tell, it suddenly
fell to th.e ground and in pieces. Feel
ing tnat it had not yet accomplished
its full duty in the world its sponsors
pulled it together and set It on its
feet again.' But now the worst has
happened, the cigar was loaded, some
thing of -which the sponsors were in all
probability totally unaware.
ELLIOTT'S CASE IS CONTINUED
District Attorney Asks for a Post
ponement, Which Is Granted.
When the case of ex-City Engineer
William C. Elliott was called for trial
yesterday morning in the State Circuit
Court. District Attorney Manning sprung
a surprise by asking that the trial be
postponed until the state can gather more
evidence. Mr. Manning asked for a con
tinuance until the May term of court, and
subsequently agreed to an indefinite post
ponement, which means that the trial can
be set any time. The attorneys for El
liott. W. A. Cleland and Ed Mcndenhull.
did not offer any objection, and Judge
George granted the motion.
Mr. Manning afterward stated to a re
porter that he desired to have some sur
veys made of the Tanner-Creek sewer to
be used as testimony. A story is also
current that Maurice Rclnstein, an Im
portant witness for the prosecution, is
out of the city, and that his attendance
Is much desired.
Others assert that the reason for the
continuance was that the District Attor
ney was afraid the Elliott trial would
result in his acquittal and that such an
outcome of the case would lessen the
chances or the conviction of R. M. and
E. W. Rlner..J. M. Cay wood and Henry
Chandler, who are aIo under indictment
for attempting to obtain money under
false pretenses In connection with the
i anner-Creek sewer contract. These per
sons allege that the District Attorney
feel more sure of convicting some of
the others and wants the Elliott case to
go over until the other trials have been
finished.
The case against R. M. Rlncr Is set for
trial Thursday.
All goes well when the baby
is well. Keep the. baby well by
giving him Mellin's "Food, it will
nourish him, make him grow strong
and keep him happy. We are sure
of it; try . it. Ask the mothers of
Mellin's Food children. Send for our
free book about Mellin's Food.
Melll&'c Fs4 Is tie ONLY Jafaaa'
Foai, walch receive tke Graai Prize,
the aifcet awari ef tke Loalsl&aa Par
chase Ezyesitiea. St. Leaij, 1904. Sift
er tkam a geli aedal.
MELLIN'S FOOD CO., BOSTON, MASS.
ON NEW BASIS NOW
Columbia Stock Company Is
Reorganized.
THREE WEEKS' ENGAGEMENT
High-Class Plays Will Be Given, and
Most of the Actors Will Re
Main, With Miss Coun
- tiss, Leading Lady.
Negotiations were . completed yesterday
whereby most of the members of the Co
lumbia Theater Stock Company will again
work under a reorganized basis. Rehear
sals will begin today In the first play se
lected for the new venture, an English
melodrama, "Woman Against Woman,"
and the first performance will take place
at the Sunday matinee.
When It was stated last week that the
Columbia Theater Stock Company was to
be disbanded because it didn't pay, many
of the regular patrons who had bought
tickets for tho house once a week and
sometimes oftener, called or telephoned to
Manager A. H. Ballard asking If some
arrangement could not be made whereby
the stock company could still bo kept
to finish the season. Some patrons even
offered to take a certain percentage of
tickets a week, rather than lose their
favorites. These pleas led to a new deal
being made, and the company Is now re
organized for a Spring season of three
weeks, and perhaps longer. Summer sal
aries are now beginning to be paid to
theatrical people all over the country at
this season, and consequently Summer
salaries will bo paid to the new Columbia
..ieater Stock Company. So, If the stock
company Is ever to pay, the time Is sure
ly at hand. It Is stated that high-grade
plays will be presented at the Columbia
under Mr. Ballard's management In the
future, as In the past, and that a strong
bid will be made for patronage.
Cathrlne Countess will be leading
woman and Donald Bowles leading man.
and the remainder of the company will
be, with one or two new names to be
added: Blanche Douglas, Lauretta Al
len. Roy Bernard. Fay Wallace. William
Bernard. William Dills, George Bloom-
quest and C. W. Yorke.
George B. Berell has already been en
gaged as stage director of the EmDlre
Stock Company. Scott Scaton left last
night for California.
Christian Endeavor Social.
A Christian Endeavor social was held
at the residence of Rev. W. T. Scott,
Falrview, last Friday night. Some 30 or
40 young people made tho evening live
ly with games and music until nearly
11 o'clock. Ice cream and cake were
then served.
No New Trial for Tucker.
CAMBRIDGE. Mass.. April 3. The mo
tion for a new trial for Charles L. Tuck
er, convicted of the murder of Mabel
Page, was denied In a decision reached
today by Judges Sherman and Sheldon,
who presided at the trial.
A COKFIDEJiTIAL CHAT.
"It's perfect nonsense, Bessie, for you to
talk of being laid on'the shelf. Why, it all
depends on yourself. Forget your worries,
your aches and ailments ; do as I did, take
plenty of out-of-door air, cultivate happi
ness by not allowing your mind to dwell
on the'trifles and the worries of life. I sent
thirty-one cents in stamps to Dr. R. V.
Pierce, of Buffalo, N. Y., tor his ' Common
Sense Medical Adviser,' and found it con
tained much useful information about the
care of my health, about physiology, anat
omy, and everything a woman should know.
I then decided to write Dr. Pierce and tell
him all about my ailrnenti. I received
such a nice, carefully considered and con
fidential letter, in reply, giving me advice
abont my diet, exercise and all. Thla
advice is free to everyone and I wonderyou
don't write him at once. It didn't take me
many months to regain my good looks.
Ever since I was fifteen I have suffered
untold agonies periodically but now I am
free from. pain, worry and bad temper. Oc
casionally 1 took Dr. Pierce's Pleasant
Pellets this for the complexion, and to
utimulate the liver. Then I took Dr.
Pierce's Favorite Prescription three times
a day for those womanly weaknesses
I tola you abont. That's my secret of
beauty. It's the easiest thing in the world
to be" happy and keep one's good looks.
Look at the .thousands of women who have
been made well by Dr. Pierce's Favorite
Prescription; look how they keep their
good looks. Dr. Pierce offers $500 reward
for any case of Lencorrhea, Female Weak
ness, Prolapsus, or Falling of Womb which
he cannot cure. All he aska is a fair and
reasonable trial of his means of cure."
New York Dental Parlors
OPEN DAY AND NIGHT
From 8:30 A. M.
Until 10:00 P. M.
Our specialists o world renown will treat
nil who come with the courtesy and care
that the New York Dentists are so well
known by. We do not try to compete with
cheap dental work, but do all kinds of flrst
class work at about half that charged by
others. All operations are guaranteed pain
less. You can have your teeth out In the
luorninff and go home with your NEW
TEETH "that rtt" the same day.
All work guaranteed, with a protected
guarantee for 10 years.
TEETH EXTRACTED AND FILLED AB
li: ilOK T 1'AIX. by our late
fclentlnc method:) applied tu the gums. No
sleep-producing agents or cocpine.
These are the only dental 'parlors In
1'ortland having PATENTED APPLIANCES
and Ingredients to extract, fill and . apply
gold crowns and porcelain crowns undetect
able from natural teeth. All work done by
GRADUATED DENTISTS of from 12 to 20
j ears' experience, and each department In
charge of a specialist. Give us a call, and
you will find us to do exactly as we adver
tise. We will tell you in advance exactly
what your work will cost by a FREE EX
AMINATION.
SET TEETH S5.00
.it.'. VS So.00
GOLD FILLINGS $1.00
SILVER FILLINGS 50c
NO PLATES
New York Dental Parlors
Hours: 8:.1U A. M. !o 10 P. M.: Sundays and
holidays. S;S0 to ml P. il.
MAIN OFPICE:
Fourth and Morrison Streets, Portland, Or.
A JUDGE'
Mrs. Carrie King, Darlington, Mo.,
writes:-
"I have suffered for years with bil
iousness and kidney and liver trouble.
'If I ennsht n Uttlr rold, tlir pain
were Increaftcd and Ijafknche it nil heart
ache were of frequent occurrence.
"However. Peruna cured me 12 bot
tles made me a healthy -woman."
i&fcgeteblePreparalionforAs
similating ttePoodandBeg da
ting th2 Stomachs andBowels of
Promotes Digestion.Cheerfur
nessandRestContains neither
Opium3forphine nor"Miiiral
liOT NAR c o tic .
Jtetpc cfOIdllrSiMUELFITCillR
j4lx.Sr.ina.
Caihsd Juger
A perfect Remedy forConsfipa
Tion , Sour Stomach.Dianiioea
Worms .Convulsions .Feverish-
aness and Loss OF SLEEP.
Tac Simile Signature 0?
xew'yohk.
EXACT COFV OF WHAB2ER.
Swill
42
--Z-&-.
i- 's
til (
IN A 1
We guarantee a cure in every case wo undertake or Marge no lee. consulta
tion free. Letters confidential, lnatruc tlve BOOK FOR MEN mailed free la plain
wrapper. ,A.
Wo cure the worst cases of piles In tw u or three treatments, without operation.
Cure guaranteed.
i: ou cannot call at office, write for a uestlon blank. Home treatment successful.
vJfHctr hours, a to 6 and 7 to i Sund a' 4 and holidavs. 10 to 12.
DR. W. NORTON DAV5S & CO.
oQices In Van-Noy Hotel. 52& Third 'sl.
cor. Piae. Portland. Or.
"Ld Blood poison,
potent v uiuiougjiij ..rcu. lauure. mre guHranieeu.
'iOLNG Ilfc.iN troubled with night emissions, dreams, exhausting drains,
basnfulncs. .iver&ion to societ, wniuh deprivo you of your niaitnood. UNFIT
lOi; FOR BUSINESS Oil 3lAKltL.GK.
MIDHI.IO-AGICD who from excesses and strains nave lost their
MANI.V POWER.
BLOOU
Gieet, Stricture,
nev :md Liver 1
nniTGS. Oalsirrh and rheumatism CURED.
Dr. "Walker's methods are regular and sclentillc He uses no patent nos
trum or ready-made preparations, but cures the disease by thorough ntedk-al
treatment. His New Pamphlet on Private Diseases sent tree to all men w.o de
scribe their trouble. PATIlSN'l'S eure-1 at home. Terms reasonable. All letters
answered in plain envelope. Consultation tree and sacredly confidential. Call
on or address.
DR. WALKER, 181 First Street, Corner Yamhill, Portland, Or
PAlftI m THE
BACK AND SIDE
uickly Cured by a Short
Course of Pe-ru-na,
MRS. MINNIE E. McALIJSTER,
wife of Judge McAllister, writes
from 1217 West 33d street. Minneapo
lis. MiniK. as follows:
-I suffered for jfiirx with n pain In
the small of my hack and rljsht lde. It
Interfered often with my domestic anil
nodal duties anil I never supposed that
I would he eu red, as the doctor's med
icine did not neein So help me any.
Fortunately u member of our order
advised me to try Peruna. ami gave it
such high praise that I decided to trv
it. Although I started In with little
faith, I felt so much better In a week
that I felt encouraged.
"I took it faithfully for seven weeks
and am happy indeed to be able to say
tnat I am entirely cured.
Word fall to expreM my Kmtitude.
Perfect health once more Is the best
thing: I could wish for. and thank ta
I'cruntt. I enjoy that now."
Pain in the back, or on the right side.
How often a physician hears thig
complaint!
Over and over we hear women say:
'T have a pain in the small of my back.
1 have a pain In my right side. iueC-below
the ribs."
Tnese symptoms indicate pelvic or
abdominal catarrh.
Tney indicate that tho bowels are not
acting properly that the liver la out
of order that tho pelvic organ aro
congested.
Pelvic catarrh that is the name for
It.
Pemnn cure pelvic catarrh, wlieS
all of thee symptom disappear.
The catarrh muy be all in the ab
dominal organs, when it wouKl be
properly called abdominal catarrh.
At any rate, it is one of those cast9
of internal catarrh, which can bt
re-.icned only by a course of treatment
with Peruna.
Wo have on file thousands of testi
monials similar to the above. It is im
possible here to give our renders more
laan one or two specimens of the num
ber of grateful and commendatory let
ters Dr. Ilartmau Is constantly receiv
ing in behalf of his famous calami
remedy, Peruna.
For Infants and Children.
The Kind You Have
loughl
THCCtNTAUfl COMPAfir, MCWYOBKCrTY.
We treat successfully all private ner
rous and chronic diseases at men. also
blood, stomach, heart, liver, kidney and
throat troubles. We cure SYPHILIS
(without mercury) to stay cured forever.
In 20 to 60 days. We remove STRIC
TURE, without operation or oaln. In U
days.
We stop drains, the result of self-abuss.
Immediately. We can restore the sexual
vigor of any man under 50 by means of
local treatment peculiar to ourselves.
We Cure Gonorrhoea
in a Week
The doctors ot this institute sre alt
-ecular graduates, nave naa many years'
experience, have been known in Portland
or 15 years, have a reputation 10 main
tain, and will undertake no case unleaj
certain cure can be effected.
I Bears the
a ' Use
mj For Over
ryySjj
I Thirty Years
WEI
K
Twenty Years of Success
In the treatment of enronic diseases, such as liver,
kidney, and stoma. n disorders, constipation, diar
rhoea, dropsicai swellings, Bright's disease, etc
Kidney and Urinary
Complaints, painfui, difficult, 1 too frequent, milky or
bloody urine, unnatural discharges sieedily cured.
Diseases of the Rectum
Such as piles, lunula. Assure, ulceration, mucous and
bloody discharges, cured without the knife, puin or
confinement.
Diseases of Men
gleet, stricture, unnatural losses, im
I