THE
l-SlXxUKEGvaISt UOiliJKSDA.T, AUGUST 10, 1905.
IK LEVY Ml
MIGRATORY S
Present Law' by Supreme
Count Is Pronounced .
:i. Unconstitutional.
WHY ; STATUTE IS VOID
Inequality of Taxation "Would Be
Established Were the Law Car-
ried Into Execution, De
clares Highest Court.
The decision rendered by the Supreme
Court In the' action brought by Lake
County for" collection "of tax on a migra
tory flock of .sheep, therebj' testing the
constitutionality of the law passed at
the last session of the General Assembly
whereby It was provided that owners of
livestock should pay taxes In counties
In which they graze thoir animals for
such proportion of the year as the mi
gratory herds were so grazed, is of much
concern to ."ill persons engaged in the
livestock business and persons resident in
most counties In Oregon. It Is held that
the statute Is void. In sustaining the ac
tion of the Circuit Court of Lake County
from which the appeal was taken. The
decision Is based upon the 'Inequality of
taxation that would be established were
the law to be carried into execution. Pref
acing the review of the case with ex
cerpts, from the statute, the court In
cludes the following in its opinion:
This is an action by the county to recover
agzJnst the owner jupon an assessment of
his livestock, which lie was about to remove
Into another county, according to the rate
of levy of the previous year. In pursuance of
an act of the LegiBlattx'e Assembly, entitled
"An act to provide for the assessment and
taxation of livestock." etc.. It being alleged
that the defendant has Ho real property with
which tp secure the payment of such tax
Wolverton, C. J. . Plaintiff's cause; of ac
tion depends ejnlroly upon the proper con
struction of the -act under which it is in
stituted. Session Laws, Or., 105, p. 278.
Jn epitome, the act provides:
"Section 1. That all livestock kept, driven
or pastured In more than one county in the
state, during the year, shall be subject to
taxation in each of the counties In propor
tion to the time it is permitted to range
therein respectively.
"See. 2. That all livestock shall be as
sessed for taxation in the county in which
it Is found at the time fixed by law for as
sessment of' all properties In the state, such
counts to be known as Its home county; that
at the time of such assessment the owner
shall make and deliver to the Assessor a
written statement under oath, showing by
appropriate descr;ptlon the different kinds
of such livestock within the county belong
ing to him and giving the full time during
the current year that it has been or will
remain in such county; that "such livestock
and the owner thereof shall be liable to said
county tor the taxes thereon at the rate of
levy for all state, county and other purposes,
as other property is liable; and that the
owner thereof shall, unless sufficient real
estate ample to secure the same is liable
therefor, pay to the Assessor at the time of
such levy of assessment the whole amount
of said taxes for the full year at the rate
of the last preceding levy and take his re
ceipt therefor.
Sec, .3. That whenever .such Jlvestock is
rtmoved, kept tr pastured In another coun
ty than the home county, the owner thereof
shall, within 15 days from ,-lhe time of en
tering such county, notify the stock inspec
tor thereof that he has entered the county
with livestock, giving the date, description,
etc ; that he shall also make and deliver to
such inspector a written, statement under
oath similar in all respects, so far as prac
ticable, to tho statement required in the
home county, showing the full length of
time during the current year that such
stock has bcn and will remain In such
county, and that the taxes thereon for such
year have been fully paid In the home coun
ty, producing at the same time for inspection
the receipt for such tases. or if their pay
ment has been secured, the certificate show
ing the same, and such livestock and the
owner thereof shall be liable to said county
for the particular portion of the taxes there
on for the full length of time that the stock
has been or will remain within the said
county during the year, according to the last
preceding rate of levy In said county for all
county, state and other purposes, as other
property in said county Is liable; that said
owner shall, before any of such livestock
shall leave the county, pay said taxes to the
stock inspector of said county or shall secure
the payment of the same to the satisfaction
of the inspector and take his receipt or cer
tificate therefor.
Sec. 4. That as soon as any livestock has
been returned to its home county, or. If not
so returned, then before the expiration of
the year, the owner shall present the. receipt
cr receipts secured by him. showing what
parts of the year for whic,h taxes have been
paid in other counties tinder and In pursu
ance of the provisions of this act. and such
owner shall be entitled to receive from tho
treasury of the home county out of the
migratory stock fund that part of the
amount of taxes paid as the total periods of
time for which taxes have been paid in
other counties within the state as .shown by
the receipts therefor Is to the whole year.
"Sec. 5, And that all taxes that shall be
come due to any county under these pro
visions shall be a personal debt and demand
against the owner to whom the -property was
assessed and may be enforced by any proper
action in the name of the county in any
court of competent jurisdiction, and secured
by attachment or other provisional remedy,
and said taxes shall be a first lien upon the
livestock wherever found In the state, and a
lien upon all real estate belonging to any
owner of said livestock situated within the
county to which said taxes are due and pay
able, and said Hen shall only be discharged
by the actual payment of the taxes."
Ther.e is an obscurity attending this stat
ute, and it Is somewhat difficult to deter
mine just what it means. In section 2 it
prescribes, as will be noted, that such live
stock and tho owner thereof "shall be liable
to said (home) county for the taxes thereon
at the rate of levy for all state, county and
other purposes as other property is subject."
This seemingly refers to the rate of levy for
the same or current year that is applied to
other property, but. the succeeding clause is
not in harmony with such rendering. It re
quires the owner., Unless sufficient real es
tate, ample to secure the same, is liable
therefor, to pay the Assessor at the time of
such assessment, the whole amount of said
taxes for the full year at the rate of the
last preceding levy If. therefore, the own
er has no real property, he must pay the
taxes at the preceding year's rate of levy.
This latter idea Is again embodied in the
third section of the act, except that the pay
ment is required to be msde according to
the last preceding rtae of levy in the county
other than the home county. So. In section
5, all taxes that shall "become due to the
county under the preceding provisions of the
act are made & personal debt and demand
against the owner to whom the property Is
first assessed, which the county Is entitled
to enforce by action.
"While, then, we have the seeming condition
under the act that the owner is liable for
the taxes on his livestock at the rate of
levy applicable to other property. . yet, if he
has no realty, he is forced to pay according
to the preceding year's levy, and there Is
no method devised or provided by which he
may have the matter subsequently adjusted
or equalized.
Elma's New Town Hall.
ELMA, Wash., Aug. 9. (Special.) Elma
Is to have a new town hall with quarters
for the Are apparatus, a new concrete
jail, Council chambers with fireproof vault
for records, and rooms for firemen on
duty. The hulldlng will cost, when com
pleted, about $3000. .
Special Corners for Street Preachers
SEATTLE. Wash.. Aug. 9. (Special.)
Mayor Balllnger today Issued an order
to th Chief of Police restricting streets
corner speaking to the northeast corner
of -Pioneer Place and 'the corner of tho
alley hetween First and Second avenues
and University street. The Mayor's order
applies to. ltlnerant preaching -as -well as
the nightly speeches of Socialists and
others.
Mayor Balllnger declares In his sweep
ing order that Incendiary or anarchistic
speeches will not be tolerated under any
circumstances. '
NELSON HOTEL IS BURNED
Four Are Injured and One 3Iny
Die.
NELSON, B. C-. Aug. 9. Fire today de
stroyed the Grand View Hotel and re
sulted in the latal injury of one man,
the serious injury of another, and in
juries to two more. The Injured are:
Mario Chlparro. badly burned, fractured
thigh, not expected to live; Peter Bertlara.
badly burned; John Jsapau, fractured leg
and injured spine, both cases serious; Stanis
laus Mordroskl severely cut and bruised by
falling into broken glass.
A public Inquiry will probably be- held
as to the efficiency of the Are -department
-
ARREST PROMINENT r NEGROES
Suspected In Connection With. 3Iur
der of a Nejrress.
BAKERSFIELD. Cal.: Aug. 8. After
working since July 9 to clear up the mys
tery surrounding the murder of Mrs.
Mary Va-n Dross, the negross who was
foully shot to death at her. home in this
city "on that date. Sheriff Kclley today
arrested three negroes and now has them
in Oje County Jail with charges of murder
hanging over them. The three suspects,
who are well-known members of the
negro colony here, are James Adams,
Mrs. Eliza Lopez, a prominent church
membor. and William Jackson, her son.
The Sheriff has given out very little
of the evidence that he has at hand, but
says that Jt is sufficient both in quan
tity and character to lead him to be
lieve that he has the guilty persons in
custody.
SEATTLE PRISON A FOUL PLACE
Mother Whcaton, Prison Evangelist
Exclaims at the Vermin.
SEATTLE. Wash., Aug. !. (Special.)
Mother Elizabeth R. Wheaton. the famous
prison evangelist, today visited the Seattle
City Jail. While Mother Wheaton did not
directly criticise the Jail" and Its manage
ment, an interview she gave out is sus
ceptible of the Interpretation that Mother
Wheaton has found few worse prisons.
She said:
"How I pity the poor women. I scarcely
see why they cannot be given beds to
sleep on. Certainly their environment
here In prison Is not an Inspiring one.
"And then the vermin! I almost be
lieve I might be excused forfeeling faint,
and' I am used to visiting aK sorts of
vile places, too, and places where it Is
not very safe for a woman to 'visit."
HIT ON HEAD BY PILEDRIVER
Workman at Point Richmond, Cal.,
Is Instantly Killed.
POINT RICHMOND, Cat. Aug. 9.
John Dunn, ascd 28, a resident of San
Francisco, was killed here today while at
work repairing a plledrlver on the Stand
ard Oil mole. Dunn was doing some re
pair work at the base of the big pile
driverthat Is at work- on the mole. The
heavy hammer was at the top" of the
frame and Dunn In somg -manner acci
dentally released the trigger "that holLthe
weight in place-
- The hammer descended swiftly, struck
Dunn fairly on the head and killed iilm
Instantly.
Circus PcrCprmcr 2s Injured.
- HELENA, Mont., Aug. 9. Tom Butler,
the bicycle rider with the Barnum &
Bailey circus, who Jumps the gap during
the performance, failed to do the trick
here tonight, and fell to the ground. He
was unconscious for half an hour. The
physicians first thought he was not se
riously Injured, but later they said they
feared he was internally injured and
would die. He left Helena shortly after
midnight with the circus. In charge of a
physician- v
Butler's wife loops the loop In an au
tomobile, and she followed with her turn
tonight Immediately after the accident to
her husband.
Hill Party Coming to the Fair.
SEATTLE, Wash., Aug. 9. (Special.)
Louis W. Hill, first vice-president of the
Great Northern, and a party of officials.
will be in Portland Wednesday to visit
the Lewis and Clark Exposition.
With Mr. Hill are: Ben Campbell.
fourth vice-president; W. W. Brougton.
freight traffic managor; F. E. Ward, gen
eral manager, all of the Great Northern,
and Darius Miller, first .vice-president of
the Burlington. The party is traveling
by special train and 1wIU return East
after the trip to Portland.
Buford Arrives From Manila.
SAN FRANCISCO. Aug. 9. The trans
port Buford, Captain Hall, arrived In port
today, 22 days from Manila. The steam
ship came direct from Nagasaki, carry
ing 117 cabin and 142 steerage passengers,
beside the troops who arc returning from
the Philippines. These consisted of the
17th Infantry, bound for Fort Mc
pherson, Ga., and the third squadron
of the 13th Cavalry, which is bound for
Fort Sill, Okla. Colonel Van Orsdale is
in command of the 17th Infantry.
Beaten for & "Spotter."
BAKERSFIELD, Cal.. Aug. 9. Ernest
Etter, a former police officer, who played
such a prominent part in the McKinney
battle In 1903, was suddenly attacked
early this morning by two men in the Del
Monte Cafe, and before bystanders could
interfere he had received serious injuries.
It appears that the men were employes
of the Santa Fe Company and believed
Etter to be a "spotter" workingMor the
company. Etter's assailants were ar
rested. Caught Robbing the Sick.
SEATTLE. Wash.. Aug. 9. (Special.)
William Herrlck was caught Sunday
morning robbing patients in tho Provi
dence Hospital. It was his second offense
of that kind and he walked into a trap
prepared for him. Tills morning Herrlck
pleaded guilty to a charge of burglary,
and Judge Albertson sentenced him to 12
years at hard labor Jn the state peniten
tiary. - Rattlesnake Kills q Boy.
SAN BERNARDINO, Cal., Aug. 9.
Cecil, tho 10-year-old son of C. W. Sharp
less, of Whlttler, today "was bitten on his
hand by ' a rattlesnake at his father's
apiary, '16 miles from. San Bernardino.
The child was brought to San Bernardino
Hospital, but died in great agony at 7:30
this evening.
M. P. F. T. B.
That means MelUn's Food for the
Baby. There Is plenty of Mellin's Food
for the baby, and there are lots of babies
for Mellin's Food. In the Mellin's Food
Exhibit at tho Portland Exposition there
are hundreds of portraits of real Mel
lin's Food babies. They are ALL Mel
lin's Food babies, but there are thou
sands of Mellin's Food babies whose por
traits are not. shown we used all. the
space the managers would give us. Visit
the Mellin's Food Exhibit In the Agricul
tural Bldg. and see the pictures.
RERDY FORHEYBURPf
Administration Will Meet Sen
ator's Attack
ON IDAHO FOREST RESERVE
Plnchot Will Join Ireuc-Wlth Him
in Committee Hcyburn Makes
Enemies by Attack on News
papers and Not Mixing.
OREGONIAN NEWS BUREAU, Wash
ington. Aug. ".If Senator Heyburn car
ries out his threat to take his forest
reserve fight onto the floor of the United
States Senate, he will find the adminis
tration ready to meot him. And there Is
no reason to believe that, when he
emerges from his promised conflict, he
will be well aware that he has had a
tussle.
Ncvor since the Roosevelt forestry pol
icy has been formulated - has it been
assailed on the floors of Congress; not
in late years has there been any vicious
criticism of that policy, save that by
Senator Heyburn in Idaho. Western Sen
ators, with the exception of Mr. Hey
burn, have come to agree with the Presi
dent on the main principles of his new
policy, and are upholding the forestry
administration on all' essential points.
Ton. years ago there was a very different
sentiment In Congress, but the old for
estry policy was very different and far
less practical than that in force today.
Warm Contest Assured.
It Is Impossible to tell In what way
Mr. Heyburn intends to wage war on the
administration. He will probably Intro
duce a resolution demanding the annul
ment of proclamations recently signed
creating new forest reserves In Idaho,
and censuring the administration for Its
method of creating reserves over the
protest of public men in the state inter
ested. Or he may introduce a bill for
this purpose. Whatever method he pur
sues, he will accompany the introduction
of his legislation by what he deems
appropriate remarks, likely to bo quite
warm and unfriendly to the President
and the entire administration.
But before the Heyburn Wll or resolu
tion can be considered by the Senate,
it must.be considered and reported by a
committee, probably the committee on
Public Lands. Unfortunately for Mr.
Hcyburn. he Is not a member of this
committee and can merely appear before
it In the capacity of a witness. But In
due fairness to the administration, which
is assailed, the committee will also give
hearings to Glfford Plnchot. head of the
Forestry Bureau, and the President's
personal representative on matters of
this character.
There will come the clash. There Mr.
Heyburn's statements will 'be met by
counter statements presenting the Gov
ernment's sice. The committee will not
only hear Mr. Heyburn's protests, but
it will hear the reason why the Govern
ment created the reserves, and enough
is known now to Insure the production of
a vast amount of documentary evidence
to disprove the claims of Mr. Heyburn.
Heyburn Attacked Newspapers.
Furthor interest will be lent the hear
ing by the probable appearance of Sen
ator Dubois, who In this contest Is cham
pioning the cause of the President. Du
bois and Heyburn have locked horns In
this controversy, and Dubois, though a
Democrat, has come out victor and has
the double satisfaction of having the
hearty support of the President in his
fight on his Republican colleagues.
Aside from several vicious attacks made
hy Mr. Heyburn. personality has not been
injected into the controversy. The Sen
ator, however, has deemed it proper to
assail the veracity of newspapers print
ing the facts of the case and, because they
recorded his defeat, have charged that
their reports have been "Inspired." The
truth is. the facts In all their nakedness
have been presented in plain words; Mr.
Heyburn happened to be on the wrong
side of the issue, and could not expect
to be held up to public gaze as a con
quering hero. He chose his own part,
and he played the act of the vanquished.
It Is probable there will be further
Injection of unpleasant personalities into
the Senate hearings next Winter but
these incidents will only serve to" en
lighten the proceedings, and will afford
amusement to . Sonators net especially
Interested In the controversy.
Heyburn Is Too Haughty.
There is little prospect that the com
mittee will recommend the Heyburn reso
lution or bill to the favorable consider
ation of the Senate. The Senate Committee
on Public Lands Is not antagonistic to
the President. The Republican members
are all fair-minded men. and all are on
the most friendly terms with the Presi
dent. Mr. Dubois Is a minority member;
Mr. Newlands, of Nevada, is another,
and a staunch supporter of the forestry
administration; the remaining Democrats,
all Southerners, are men without bias.
Unlike some new Senators. Mr. Hey
burn has not devoted his 'first two years
in Congress to "mixing." He does not
make friends readily; he has rather a
haughtly manner, holds himself aloof and
Is decidedly distant with his colleagues,
a fact much commented upon In Wash
ington. Because of this fact, Mr. Hey
burn will experience some difficult' in
inducing his fellow-Senators to rally to
his support in his fight with the admin
istration. Were he a "Jolly good fellow,"
he might make a presentable showing
both In the committee and In the Senate,
for Senators have a way of helping their
friends out In times of great stress.
But that is not to be in this case. Mr.
Heyburn must play practically a lone
hand: it will be Hcyburn vs. Roosevelt,
and such a contest Is bound to be one
sided. MAX PBACHT'S GRIEVANCE
Falsely Accused of Being Knocked
Out by Sun in Washington.
OREGONIAN NEWS BUREAU. Wash
ington. Aug. 7. Max Pracht, of Oregon,
has a grievance. Two weeks ago the
genial Max. In a hurry to get to his desk
In the Treasury. Department, started on
a run for a passing streetcar. Something
happened. Max doesn't know what; there
was a commotion, the car system was
blocked for 23 minutes, and, when Max
regained consciousness he was being ten
derly, fondled by a physician in a corner
drugstore. Max was carted off to the
hospital, and for two weeks lay stowed
away, in a three "by six bed, receiving
careful attention frofi the best physicians
and oculists on the staff. Now he has
recovered everything but his good looks,
and there is promise that they too will
return.
At the time ail this happened Washing
ton was being crowded with heat pros
trations, and in some way the hospital
physicians announced that Max had suf
fered from sunstroke, but was on the
road to recovers'. So Max was advertised
as among those knocked out by Old SoL
What hurts Max Is to awaken and find
that his case was erroneously presented
to the Oregon public He boasts that he
was never knocked out by the sun. but
thinks It no disgrace to be knocked out
and more or less mutilated by a 20th cen
tury trolley-car. However, except for a
badly bruised countenance and an eye
"filled with blood." Max Is 'good as new
again, and has gone back to work for
Uncle Sam.
CLEARED J3F PERJURY.
Commissioner Convinced That No
Deception Was Intended.
SAN FRANCISCO. Aug. 9. United
States Commissioner Heacock today gave
his decision In the case of Paul Rapp
mundt and Ernest Groealer. and dis
charged the defendants. Rappmundt and
(Groessler had been charged with perjury
in obtaining naturalization papers for
Rappmundt from Judge Graham's de
partment of the Superior Court. The
evidence showed it was six years after,
coming to this country that Rappmundt
made hl3 application, and one year
of that period had been spent by him
on a cruise.
Commissioner Heacock said that he was
convinced that Rappmundt had not In
tended to deceive the court, that his
absence for a year was in the nature
of his employment as a seafaring man
and that he had intended to claim the
United States as his residence.
Immediately upon being released Rapp
mundt was rearrested by United States
Secret Service Detective Taylor, upon a
charge of fraudulently procuring a cer
tificate of naturalization. Upon Rapp
mundt filing a petition In the Superior
Court asking to have his certificate of
naturalization cancelled. Detective Taylor
released him from, custody.
DEPUTIES PAID THEIR CHIEFS
Spokane County Clerk and Treasurer
Are Indicted for Bribery.
SPOKANE. Wash.. Aug. 9. Indictments
were returned late this afternoon by the
grand Jury;, which is in session, against
the following:
Robert Koontz. County Clerk, for brib
er In accepting contributions from his
deputies; EL K. Erwin, County Treasurer,
briber, the same offense as Koontz.
The grand Jury also severely censured
the County Commissioners for alleged
careless business methods. Koontz and
Erwln el upthe defense, when called be
fore the Jury, that their deputies were
voluntarily contributing small sums
monthly to defray the expenses of their
chiefs in the last election campaign.
Umatilla PJoneer Very 111.
PENDLETON, Or., Aug. 9. Special.)
John B. Owens, a prominent stockman of
Bear Creek, is lying at the point of death
as the result of a paralytic stroke. He is
one of the pioneer settlers of Umatilla
County.
William Flowers a Bankrupt.
ABERDEEN, Wnh.. Aug. 9. (Special.)
William A. Flowers has filed In the
United States Court a voluntary petition
in bankruptcy. His liabilities are 5W00
and his assets $533. He is in the bicycle
trade.
Marks Indicate FoulPIay.
VANCOUVER. B. C. Aug. 9. The dead
body of Gus Olsen. a ranchman, of Lad
ner. was found In Challuckthan Slough,
with some of the clothing cut off. and
with marks indicating foul play. An In
vestigation Is being made.
NEITHER ASKS ALIMONY.
Taggarti? Admit-They Aro Fighting
Only Question of Divorce
WOOSTER. O.. Aug. 9. Though Captain
Taggart's attorney. James Sterling, was
not able to appear, according to a state
ment to the court by Dr. J. D. Beer,
the Taggart divorce case was resumed this
morning. Mr. Sterling appeared soon af
terwards and occupied a chair at Cap
tain Taggart's table. looking quit ill.
The first testimony was a deposition
by Captain William B. Folwell, Eighteenth
Infantry. Fort Leavenworth. This set
forth that Taggart was perfectly sober
the night of June 3). 1908. which was the
night of the separation.
Then, when Mr. Wertz. for Captain
Taggart. offered the signed statement
of Charles H. Hulbard. of Chicago. Mrs.
Taggart's business agent, the alimony
question was mentioned for the first time.
Mr. Sralser. for the defonse, assumed
that Taggart might ask for alimony,
because the agent's statement of her
property was Introduced. Mr. S miser
argued that Mrs. Taggart could not be
expected to pay th Captain alimony, as
it was not specifically mentioned In the
pleadings. ,
"This lady, as we will show," he said,
"has an Independent Income to which
Captain Taggart never contributed a dol
lar." "We do not want any alimony," re
torted Mr. Wertz, "but there have been
cases In Ohio where the husband has been
granted a decree for his wife's conduct,
in which the wife was given alimony."
"If yo'u get a divorce, we shall not
ask for alimony." declared Mr. Smlscr.
The court made a note of these declara
tions, setUlng the alimony problem. Then
the agent's statement was read.
The testimony of Thomas Mereday,
Captain Taggart's Philippine body ser
vant, given at this morning's session,
was the most sensational yet brought
out and was generally unfavorable to
Mrs. Taggart.
REPORT ON BENNINGTON
Court of Inquiry Will Soon Complete
It Memorial to Dead.
SAN DIEGO, CaL. Aug. 9. The Ben
nlnetnn rniirt o f inautry today, again
engaged In listening to a reading of
the testimony that has been heard up
to the present time and in authenti
cating documents. It Is expected that
the report of the board will bp made
in a day or two.
Th a-. flagship Chicago and the Ben
nington will leave here for Mare Is
land Saturday evening. On Saturday
morning a memorial service will be
held in Isis Theater in remembrance
of the Bennington dead, and In the aft
ernoon the officers and men of the Chi
cago and the Bennington will pay a
visit to Fort Rosecrans and the mili
tary cemetery.
The remaining Injured sailors in the
hospital are doing well. Ensign Camp
bell of the Chicago will be In charge
of the Bennington until she is taken
away.
Ten more of the bodies burled on
Point Loma will be exhumed Friday
and sent to relatives in tho East.
At a meeting of the board of control
of tho Bennington Memorial Associa
tion today, an advisory board contain
ing the names of citizens prominent In
tho state and Nation was selected. The
names include President Roosevelt.
Secretary Bonaparte. ex-Secretary
Morton, the National commanders of
the G. A. R. and Spanish War Veterans,
the president of the T. M. C A., Miss
Helen Gould, Admirals Goodrich and
McCalla, Governor Pardee, Senators
Perkins and Flint and the eight Con
gressmen from this state.
There were 6CSO Chinese. Inhabitants or New
Tor, according to the list censur. but the
popular Musuito Is that the actual number
en.
DEMANDS DF CAIN
Wu Ting Fang Gives Opinion
on Exclusion Law.
RIGHTS OF UPPER CLASSES
China Wants Same Treatment for
Them as Other Aliens and Ad
mission of Coolies to Ha-
wail, Not United States.
PEKIN. Aug. 9. Wu Ting Fang. ex
Chinese Minister at Washington, and now
vice-president of. the Chinese Board of
Foreign Affairs, interviewed in regard to
the proposed treaty with the United
States. safd that the expiring conven
tion was unsatisfactory from a Chinese
standpoint, hence the board desired re
vision. The Chinese government agreed
to the exclusion of coolies from Ihe
United Statos, this point presented no
difficulty, but the existing regulations
pressed hardly on other classes- For
instance, merchants. travelers. etc..
while nominally admissible to the
United States, are forced to undergo an
examination which possibly Is necessary,
but which was generally rendered very
objectionable, on account of the manner
of enforcement of the regulations.
Wu Thing Fang said that China urged
as the main points of her contention that
the better class of Chinese be treated on
an equal footing with other aliens, given
the right to retain counsel, the right to
appeal If necessary: and the admission
of coolies to Hawaii, which he regarded
as most important.
DIPLOMACY AND BUSINESS.
Both Involved In "Sale of Hankow
Bbad to China.
NEW YORK. Aug. 3. Speculation
concerning the future control of tho
fankow & Canton Railway and the
concessions for furthbr construction,
now owned by the China-American De
velopment Company, were set at rest
yesterday by the positive v statement
made in well-Informed quarters, ac
cording to the Herald, that J. P. Mor
gan & Co. are continuing their nego
tiations for the sale of properties and
concessions to the Chinese. It was
learned further that the offers for the
control qf the China-American Develop
ment Company made by various Eu
ropean syndicates are not being con
sidered by the Morgan firm. From a fi
nancial point of view, several of these
offers are understood to have been very
tempting.
If the attitude of the various Chi
nese jgovernments had been different,
the Herald continues, and more in har
mony with the spirit In which the con
cessions were granted, it might have
been pdsslble to sell the control to Eu
ropean bidders. At the present time,
however, the negotiations for'the sale
of the property have become closely In
tertwined with diplomacy. While a
large banking profit will likely be sac
rificed by the sale of the concessions
and railroad to the Chinese. It Is as
serted that the majority Interest is
acting with a view to. promoting, bet"
ter and more cordial relations between'
this country and China than now exist
and at the same time eliminate some
of the friction..
Delay In completing the sale to the
Chinese Is stated to be due to the dif
ficulty in determining Just which of
the provincial "governments, or it may
be the imperial government, Is the cor
rect and proper quarter with which to
deal. Precautions safeguarding tho
transfer of the concession and the pay
ment therefore necessitate a great deal
of time and attention.
Asphalt Company Protests.
WASHINGTON. Aug. 10. The State
Department was Informed today that the
New York & Bermudez Asphalt Company
had lodged with the Venezuelan govern
ment a protest against the recent deci
sion of the court against that company.
The protest will be made a part of. the
Tecords in the case, which is now under
investigation.
Change of Railroad Officials.
ST. PAUL. -Minn.. Aug. S.-A. C Stohr.
general freight agent of the Chicago
Great Western Railway, tendered his res
ination, to take effect today, and It wa3
at once accepted, and W. B. Plnckney,
assistant-general freight agent, named as
his successor.
Conference on Immigration.
NEW YORK. Aug. 9. Tho Governors of
2S states have so far accepted the Invita
tion of the National Civic Federation to
appoint delegates to attend the National
Conference on Immigration, to be held
In this city December 6 and 7.
No woman can look beautiful without
Rood health. A woman's good health,
depends on those organs peculiarly femi
nine, and which so often become disor
dered, causing misery and dracglng-down
pain. Nature's laws are perfect, health
endures If yon obey them, bst disease
follows disobedience. The distressing
complaints of women are often brought
about by catching cold at a critical
period, breathing foul Indoors air and
long hours of work and nervous tension.
Go straight to Nature for the cure to
the forest. Dr. Pierce's Favorite Pre
scription is Xature'8 cure for the dis
tressing complaints of women. Prof.
Sing, M. D., in his American Dispensa
tory, says of Black Cohosh or Black
Snake-root "our early American In
dians set a high value on this root in
diseases of women. It surpassed by
no other drug, in conyestfve coruHtionx
of the parts where then are dragging
paint and tendemc."
Lady's Slipper root Is a "nerre stimulant
and tonic, improving both circulation and
nutrition of tho nerve centers favoring
sleep and cheerful condition of the mind;
of service in mental depression, nervous
headache, Irregularities of women with
despondency." Prof. King". Besides the
above ingredients there are Golden Sea,
Unicorn and Blue Cohosh roots in Dr.
Pierce's Favorite Prescription.
Dr. Pierce's Common Sense Medical
Adviser will be sent free, paper-bound, for
31 one-cent stamps, or cloth-bound for 31
stamps. Over 1000 pages and Illustrated.
Address Dr. B. V. Pierce, Buffalo, K. Y.
Dr. Pierco's Pleasant Pellets shoakl bo
Tssed with "Favorite Prescription wkee
csrsr a axatlr is required.
RHEUMATISM
Rheumatism does more than anv other dis
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its effects on the system that those afflicted with it find themselves utterly
unable to enjoy bodily comfort or any of the pleasures of life. Some are
bound hand and foot and suffer constantly with excruciating- pains, swollen,
stiff joints and muscles, and
often distorted," crooked I had been troubled with Rheumatism for two
limbs, while others have hd, under the treatment of physi-
intervals nf frnm Htirino- cxan?' and tned everything recommended to
Si . ' "I"1? me bnt 311 to n 7 e and elbow joints
.which they live m constant so stiff that I could not use them. I was ua
f ear and dread of the next able to do my household work, and was truly in a
attack, when, at the least ex- pitiable condition. S. S. S. cured me after using
posureto damp weather, or it for awhile, and I unhesitatingly give it the
slight irregularity of any credit it so much deserves,
kind, the disease will return. Sta A E Liverpool, O. Mrs. M. A. Dkckhr.
The causexf Rheumatism is a sour, acid condition of the blood, produced
by food lying undigested in the stomach, poor bowel action, weak kidnej-s
and ageneral sluggish condition of the system. External aoDlications. such
as liniments, oils, plasters, etc., do riot
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THE XXTH CENTURY
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What is CASTORIA
Castoria Is a harmless suhstitute for Castor Oil, Pare
goric, Drops and Soothing Syrups. It is Pleasant. It
contains neither Opium, Morphine nor other Narcotic
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reach the cause and can only give tem
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