12
TIIE MORNING OREGONIAN. MONDAY, DECEMBER 10, 1906.
Full Text of
Supreme Court of Oregon Decides That the Late Amanda W .Reed Had Not
Pasadena, CaL
THE full text of the Supremo Court
decision in the Heed will case, one
result of which -was to assure the
founding: of the Reed Institute in Port
land, follows:
In the Supreme Court of the Btate of Ore
gon. In trie matter of the estate of Amanda W.
Reed, deceased.
Contest ot will and application for probate
thereof in solemn form.
Kmily Pickering. Sarah A. Robertson. Abi
gail Barter Wood, John H. Wood, W- H.
jh'axon, Helen Faxon passmore. Km ma Wood
Uralnard, Harry A. Wood, Corlnne Wood,
tstella H. Wood and Helen B. Wood, con
testants and appellants, a. Martin Winch,
executor of the last will and temament of
eaid Amanda W. Heed, proponent of said
will, and T. L. KHot. B. Bellinger, C. A.
Dolph and Martin Winch. us trustees of the
Heed Institute, appealing with said propo
nent on behalf of said will, contesteea and
respondents.
Appeal from the Circuit Court for Multno
mah County.
The Honorable A. I Frazor, J. B. Cleland
and M. C. George, Judges. .
James A. Gibson and William M. Gregory,
for appellants.
Joseph Simon, William P. Lord and Mar
tin I Piper, for respondents.
Bean, C J,
Affirmed.
Tnis is a contest over the probate in an
Oregon court of the will of Amanda W.
.. . h i r. . J r,.l In Mil-
1904.
Mrs. Reed was the widow of S. G. Reed,
deceased, a,nd died without children. Her will
was executed September 4. 1K1, in this stato
and recited that she resided at Portland. It
disposes of real and personal property of
more than a million and a quarter of dol
lars in value, almost all of which is in Ore
gon. Its probate is contested on the ground,
as claimed, that the court of primary juris
diction la the Superior Court of Ios Angeles
County, California, in which state the con
testants allege that the testatrix was domi
ciled at the time of her death.
Mr. and Mrs. Reed came to Oregon In
3S,"4. and remained here until IS'JiT, during
which time they accumulated the fortune
now In controversy. Mr. Reed's health failed
in ISttl, and at the Instance and upon the
advice of his physician, he went to Califor
nia to spend the Winter, hoping the change
would bencAt him. His health not improv
ing, he returned to Oregon in the Spring of
1S92, and then went to Europe to consult a
specialist. He returned from Europe in the
Fall and shortly thereafter ho and his wife
went to Pasadena, Cal., where the climate
was considered better suited to his health
and comfort than that of Oregon. They
boarded awhile at a hotel and then pur
chased residence property and removed their
household effects and personal belongings
from Portland to Pasadena, Mr. 'Reed's
health growing worse, he died in Pasadena
in J 805, and Mrs. Reed brought the body to
Portland where it was buried In Rlverview
Cemetery.
During his absence from Portland, Mr.
Heed made no material change in his but-i-ness
affairs, retained his residence property
and large holdings In lands and cit- prop
erty and his investments and securities In
this state, kpt his bank account and de
posits, his office and agent here to attend
to his business. He also retained his connec
tion as a director in several Oregon corpora
tions and his position as a member of the
water committee of Portland and his fra
ternal affiliations. He never voted in Cali
fornia, nor assumed any of the duties and
obligations of its citizenship. The taxes on
his personal property, except perhaps such
as he used for his immediate comfort and
convenience, were paid in Portland and not
In California. Save and except his bare resi
dence in ranttueuu, i ui uunii mj uv ten ici
of his affairs, and they remained unchanged ,
as to his business connection and civic obli
gations and duties. Mr. Reed left a will
devising and bequeathing all his property ex
cept some real estate in Massachusetts, to
Ills wife, and suggested therein that:
"Keeling as I do a deep interest in the fu
ture welfare and prosperity of the City of
Portland, Or., where I have spent my busi
ness life and accumulated the property I
possess, I would suggest to my wife that she
Gcvoie some portion or my esiaie to nenevo
lent objects or to the cultivation, 11 lustra
tion or development of the nne arts of said
City of Portland, or to some other suitable
purpose, which shall be of permanent value
and contribute to the beauty of the clcy and
to the intelligence, prosperity and happiness
of Its inhabitants."
Retained Interests in Oregon.
On November 18, 181.3, Mrs. Reed peti
tioned the Probate Court of Multnomah
County for administration upon the estate of
her husband, reciting and stating In such
petition that she was a resident of Port
land. She was appointed executrix and there
after settled up the estate. She returned to
California and for a time lived In the resi
dence formerly occupied by herself and hus
band. Some two or three years later she
Vtutlt a dwelling at Carmellta, Pasadena, on
property purchased by her husband and on
which he had contemplated building. She
continued to reside there until her death,
making frequent visits to Portland. She
niado no change in the management of the
business or the property, real or personal, to
which she succeeded, except to have her
husband's name removed from the office
door and hers placed therenn. She retained
her church connection in Portland and made
regular contributions for its support and to
its charities. She kept her' office, agent,
frank account and deposits there, except a
small amount from time to time to meet her
current expenses. Shu made no investments
In California out of her surplus proceeds,
but retained her property Interests and busi
ness of all kinds In Oregon, as had been
done by her husband. In numerous and sun
dry documents executed by her she declared
Sierself to be a resident of Oregon tempo
rarily residing in Posndena, and in her willr
whinh was several times changed and re
vised, ehe invariably made the same decla
ration of herself. Py the terms of her will,
after making bequests to divers persons
amounting to $230,000, and disposing of
eevcral small articles of personal property,
she devised and bequeathed the remainder of
her property for some 17 different charitable
and literary purposes, the recipients of her
bounty all being Portland institutions ex
cept three, and only one of them was in
Pasadena. The bulk of her property was
devoted to the founding and maintenance
at Portland "of an institution of learning,
having for its object the increase and diffu
sion of practical knowledge among the citi
zens of said City of Portland, and for the
promotion of literature, scienee'and art." to
be known as "The Reed Institute," in mem
ory of her husband. She appointed a resi
dent df Portland executor of her will, and
residents of that city trustees to carry out
Its objects.
The court below held that the legal domi
cll of Mrs. Reed was in Oregon at the time
of her death and her will was entitled to
probate here. From this decree the con
testants appeal.
vVaa Iter Domlcil in California?
Bean, C. J. This contest arises out of the
desire of a number or the heirs of Mrs. Reed
to divert and circumvent her manifest in
tention and desire as to the disposition of
her property by availing themselves of the
provisions of a statute of California which
makes void any devise or bequest for char
itable uses in excess of a certain proportion
ate share of the estate of the deceased 1
Kerr, Cyc. Code, section 1313. To accom
plish thU purpose they assert that Mrs.
Reed was domiciled In California and the
disposition of her property was subject to
its laws. The case, therefore, depends upon
the slnglo fact whether Mrs. Reed's domlcil
nt the time of her death was in Oregon or
In California. To make out their case, the
contestants are bound to establish either (1)
that Mr. Reed changed his domlcil and by
virtue of the marital relation, the domlcil
of Mrs. Reed, from Portland to Pasadena;
or (2) that, If his domlcil remained at Port
land unchanged, Mrs. Reed, after his death,
and when she became competent to choose
and acquire a new domlcil, changed her
domlcil from Portland to Pasadena.
Domicil Is difficult ot accurate definition
and the opinion has been expressed by many
Judges and writers that the term cannot
be successfully defined so as to embrace all
its phases. Mr. Justice Shaw say at "No ex
act definition can be given of domlcil; it de
pends upon no one fact or combination of
circumstances, but from the whole taken to
gether it must be determined in each par
ticular case." Thorndike vs. Boston, 1 Met.
-4-. Vice-Chancellor Kindersley observes:
"With respect to these questions of domlcil
'there is no precise definition of that word!
or any formula laid down by the application
of which to the facts of the case it Is pos
sible at once to say where the domicil may
be." Cockrell vs. Cockrell, 25 1 j. ch
N. S. 730. 731; S. C. 2 Jur. (N. S.) 72"!
Jjord Chancellor Hatherley declined to "add
to the many ineffectual attempts to define"
the t cr m : V1 ny v s U d ny , I.,. R. l Sc. &
?lv. App., 441, 44. Mr. Jacobs and Mr.
Dicey have both devoted many pages to a
discussion of domicil and they each point
out the variety of attempts to define it and
how futile -have been the efforts: Jacobs,
Pomicil, section 56. et seq.; Dicey, Conflict
of Laws. p. ' 70.
Domlcil, strictly speaking; Is the relation.
Decision in Reed Will Case
the law creates between an individual and
a particular place or country, and each case
Is dependent upon its on particular facts.
It is not in a legal sense synonymous with
residence. A person may have more than
one residence and more than one home. In
the ordinary acceptance of those terms, but
he can have only one domicil and the law
requires that for the purpose of the suc
cession of his property he be domiciled
somewhere.
The word "home" is undoubtedly the fun
damental Idea of domicil, though calling
a place home as a matter of fact may not
be and often Is not entitled to much weight:
Jacobs. Domlcil, section 72. To constitute
domicil there must be both the- fact of a
fixed habitation or abode In a particular
place and an Intention to remain there per
manently or indefinitely; or, as Mr. When
ton says: "There must be: (1) residence,
actual or Inchoate; (2) the nonexistence of
any intention to make a domlcil elswehere":
Wharton. Conflict of Laws, section 21.
Domicil. therefore. Is made up of resi
dence and Intention. Neither, finding
alone, is sufficient for the purpose.' Resi
dence is not enough, except as it is co-joined
with intent, which determines whether Its
character is permanent or temporary; and
clearly a mere intent cannot create a do
micil. Mr. Dicey says: "The domlcil of any
person Is, in general, the place or country
which Is in fact his permanent home, but it
in some cases the place or country which,
whether in fact his home or not, is deter
mined to be his home by a rule of law":
Dicey, Conflict of Laws. p. 79. This is con
sidered by Mr. Jacobs, with perhaps one
change, to be as nearly accurate a defini
tion as has been given: Jacobs, Domicil,
section I7.
But we need not pursue this branch of the
question further. We are not so much con
cerned at this time with the correct tech
nical definition of domlcil as we are with
the law regulating a change of domicil
when once acquired. It is shown by the
evidence and admitted by the contestants
that Mr. and Mrs. Keed were domiciled in
Oregon from to 1802 a period of near
ly 40 years and this domicil is presumed
to have continued until it is shown that a
new one was established. In intent and in
fact, by indicating and carrying into effect
an intention to abandon the Oregon domlcil
and to establish another in California.
One Domicil, and One Only.
Every person is assumed by the law to
have one domlcil and one only. And when
this is shown to exist, it is presumed to
continue until not only another , residence
and place of abode are acquired, but until,
there is an intention manifested and car
ried into execution of abandoning the orig
inal domicil and acquiring another by ac
tual residence; and the burden of proof Is
upon the party who asserts the change: 10
Am. & Eng. Enc. Law (2d ed.). 3b p. 14;
3 Cyc. 865; Caldwell vs. Pollak, 01 Ala. 353;
Dupuy vs. Wurtz, B3 N. Y. i5; Ennis et al.
vs. Smith et al., 14 How. 400, 423: Isham
vs. Gibbons, 1 Bradf. (N. T. Surr.) 60; Aik
man vs. Alkman. 3 Macq. 832, 877; Wanzer
Lamp Co. vs. Woods, 13 Ont. Pr. R. 611.
Now, the principal fact upon which the
contestants rely to show a change of domicil
was the removal of the Reeds from Portland
to Pasadena in 1S02, and the residence of
Mr. Reed there until his death three years
later and Mrs. Reed's residence thereafter
until her death In 1004. But rsidence alone
Is not sufficient for the purpose. Residence
and domicil are not interchangeable terms,
Domlcil embraces more than mere residence.
Residence denotes a place of abode, whether
temporary or permanent; while domicil de
notes a fixed and permanent home and need
not be the actual place of abode. It does
not depend upon mere naked residence, but
"Is the legal, the jurldiclal seat, of every
person the seat where he Is considered to
be in the eyes of the law, for obtain appli
cations of the law, whether he be corpo
really found there, or whether he be not
found there" : Jacobs, Domlcil, section 63.
This distinction is clearly recognized in the
authorities.
In Devron vs. Devron, 34 L. J. (N. J.),
Eq. 120, Vice-Chancellor Kindersley, who
has considered the subject of domicil In a
number of cases, says with much force: "For
example, the first act generally brought for
ward and, of course, which is brought for
ward and relied upon in this case, is length
of residence. Length of residence has In
many cases, both by English and by foreign
jurists, been considered a very Important in.
gredient In the question, and In other cases
it has been considered as of little impor
tance, that is ,as compared with and brought
into connection and contact with other cir
cumstances, of which evidence is given in
the case. I think, with regard to that point,
the true conclusion is this, not that any one
act or any one circumstance is necessarily
per ee of vast importance and other circum
stances of little importance, but it is a
question what is the relative Importance of
the different acts, whether some acts tend
ing one way are of greater weight than
those tending the other as to the animus
manendi or the animus revertendi or the
animus as to changing domicil."
And Lord Chelmsford says in Moorhouse
vs. Lord, 10 H. L. C. 272: "In a question
of change of domicil the attention must not
be too closely confined to the nature and
character of the residence by which the new
domlcil is supposed to have been acquired.
It may possibly be of such a description as
to show an intention to abandon the former
domlcil; but that intention must be clearly
and unequivocally proved."
So also in Gilman vs. Gllman, 52 Me. 165,
the court says: "A person may have two
places of " residence, for purposes of busi
ness or pleasure. But, In regard to the suc
cession of his property, as he must have a
domlcil somewhere, so he can have only one.
It is not very uncommon for wealthy mer
chants to have two dwelling-houses, one in
the city and another in the country, or in
two different cities, residing in each a part
of -the year. In such cases, looking at the
domestic establishment merely, it might be
difficult to determine whether the domicil
was in one place or the other. ... if
any general rule can be applied to such
cases, we think It is this: That the domicil
of origin, or1 the previous domicil, shall pre
vail. This la in accordance with the gen
eral doctrine, that the forum origines re
mains until a new one Is acquired. And this
would generally be in harmony with the
other circumstances of each case." 1
And again, in Tipton vs. Tipton, 87 Ky.
245, it is said: "There is a broad distinction
between a legal and actual residence. A
legal residence (domicile) cannot, in the
nature of things, coexist in the same per
son in two states or countries. He must
have a legal residence somewhere. He can
not be a cosmopolitan. The succession of
movable property, whether testamentary or
in case of Intestacy, except as regulated by
statute, the jurisdiction of the probate of
wills, the right to vote, the liability to
poll tax and to military duty, and other
things, all depend upon the party's legal
residence or domicil. For these purposes he
must have a legal residence. The law will,
from facts and circumstances, fix a legal
residence for him, unless he voluntarily fixes
it himself. His legal residence consists of
fact and intention; both must concur; and
when his legal residence is once fixed it re
quires both fact and intention to change It.
As contradistinguished from his legal resi
dence, he may have an actual residence in
another state or country. He may abide in
the latter without surrendering his legal
residence In the former, provided he so in
tends. His legal residence, for the pur
poses above Indicated, may be merely ideal,
but his actual residence must be substan
tive. He may not actually abide at his le
gal residence at nil, but his actual residence
must be his abiding place."
So In Long vs. Ryan, 30 Grat. 718, the
court says: "There Is, however, a wide
distinction between domicile and residence
recognized by the most approved authori
ties everywhere. Domicile Is defined to be
a residence at a particular place, accom
panied with positive or presumptive proof
of an intention to remain there for an un
limited time. To constitute a domicile, two
things must concur: First, residence: second,
the intention to remain there. Domicile,
therefore, means more than residence. A
man may be a resident of a particular lo
cality without having his domicile there
He can have but one domicile at one and
the same time, at least for the same pur
pose, although he may have several resi
dences." Residence Is Not Domlcil.
And again, in Stout vs. Leonard, 37 N.
J., L. 492, it is said: "Residence is not
domicil, though domicil is the legal con
ception of residence. Domicil Is residence
combined with intention. It has been well
defined to be a residence at a particular
place, accompanied with positive or pre
sumptive proof of an intention to remain
there for an unlimited time. A man can
have but one domlcil for one and the same
purpose at any one time, though he may
have numerous places of residence. His
place of residence may be, and most gen
erally is, his place of domlcil, but It obvi
ously is not by any means necessarily so,
for no length of rsidence without the in
tention of remaining will constitute domi
cil." Other decisions might be referred to to
the same effect, but these are sufficient to
how Ux distinction between residence and
Acquired Permanent Residence in
domlcil, and that mere change of residence
is not of itself proof ot a change of domicil
unless accompanied by an intention, ex
pressed or implied, to abandon the old doml -cil'and
acquire a new one. Within the prin
ciple of law declared In the decisions, a per
son may reside for pleasure or health in one
place without forfeiting or surrendering his
domicil or legal residence in another, if he
so Intends. It Is not residence alone, but
It Is the Intention of the person, expressed
or Implied from the facts in evidence, con
joined with residence, that determines do
micil. Every person sul juris and capable
of controlling his personal movements may
change his domlcil at pleasure, but a change
of domicil involves intention as the domi
nant factor.
To Change One's Domlcil.
To constitute a change of domlcil, three
things are essential: First, residence In an
other place; second, an Intention t aban
don the old domicil, and third, an intention
of acquiring a new one, or, as some writers
express it, there must be an animus non
revertendi and an animus manendi, or ani
mus et factum: Berry vs. Wilcox, 48 Am.
St. Rep. 706; Hayes vs. Hayes, 74 111. 312,
811; .lopp vs. Wood, 34 L. J. (X. S.) Eq.
212; Moorhouse vs. Lord, 10 H. L. C. 272.
The factum is the transfer of the bodily
presence and the animus Is the intention of
residing permanently or for an Indefinite
period. A change of domicil, therefore, In
volves a question of fact and intent. The
fact Is easily proved, because it is shown
by the mere transfer of the bodily pres
ence from the old to the new place of
abode, but the Intent with which the change
is made is to be determined from the char
acter of the residence. Its object and pur
pose, in connection with, the other evidence
In the case. Residence in a particular place
is a fact obvious to the senses and cannot
beeasily mistaken, but Its value in fixing
domlcil is unimportant unless accompanied
with an intent of remaining permanently
or indefinitely, or, as it is sometimes said,
with no present intent of removing there
from. Residence alone, however long con
tinued, will not effect a change of domlcil.
On this point the authorities speak with
practically one voice.
In Jopp vs. Wood, 4 DeG. J. & S. CIO, Tur
ner, L. J., says: "Though the residence may
be decisive as to the factum. It cannot when
looked at with reference to the animus, be
regarded otherwise than as an equivocal act.
The mere fact of a man residing in a place
different from that In which he had been be
fore domiciled, even though his residence
there may be long and continuous, does not
of necessity show that he has elected that
place as his permanent and abiding home.
He may have taken up and continued his
residence therein for some special purpose,
or he may have elected to make the place
his temporary home."
And Mr. Justice Rapallo says, in Dupuy vs.
Wurtz, 53 N. Y. 556, 561: "One leading rule
is that for the purpose of succession every
person must have a domicil somewhere, and
can have but one domicil. and that the
domicil of origin Is presumed to continue
until a new one is acquired. ... To
effect a change of domlcil for the purpose
of succession there must , be not only a
change of residence, but an intention to
abandon the former domicil, and acquire an
other as the sole domicil. There must be
both residence in the alleged adopted dom
lcil and an intention to adopt such place of
residence as the sole domicil. Residence
alone has no effect per se. though it may
he most Important, as a ground from which
to infer intention. Length of residence will
not alone effect the change. Intention alone
will not do It, but the two taken together
do constitute a change of domicil."
The animus or intent Is, therefore, as es
sential to a change of domicil as the fact of
residence. To lose a domlcil when once ac
quired, there must be an intention to do so.
A mere change of the place of abode, how
ever long continued, Is not sufficient, unless
the proper animus or Intention is present.
This intention, it Is true, rnay be inferred
from circumstances, and the residence may
be of such a character and accompanied by
such indices of a permanent home that the
law will apply to the facts a result con
trary to the actual intention of the party.
Thus one cannot make a permanent fixed
commercial residence with all the surround
ings of a permanent home In one' place and
a domlcil In another by a mere mental act.
But a residence for mere pleasure or health
is not regarded as of any great weight in
determining the question of a chance of
domicil, for In such case It is just as likely
that the party Intends to retain as to aban
don his present domicil. The books abound
in cases where absences for 20. 30 and even
40 years effect no change of domicil: White
vs. Brown, 1 Wall. C. C. 217; Re Domingo
Capdevlelle, 10 Jur. 1135; Jopp vs. Wood, 4
DsG. J. & S. 616; Hodgson vs. Beauchesne,
12 B. O. 2S5; Cruger vs. Phelps, 21 N. Y.
Misc. 52. And Sir John Dodson says. In
Bremer vs. Freeman, lO Moore, P. C, 306:
"A person may live 50 years In a place and
not acquire a domicil, for he may have had
all the time an intention to return to his
own country." And Mr, Jacobs says: "Resi
dence of itself, although decisive of the
factum necessary for a change of domicil.
is decisive of nothing further, and even when
long continued, although per se evidence of
intention, will not supply its place. ...
Intention must concur wit hfart, and must
clearly appear. On the one hand the short
est residence is suiTlclent If the requisite
animus be present, and on the other the
k longest will not suffice if It be absent.". Ja
cobs, Domicil, g 136.
Reed's Pasadena Residence.
The residence of Mr. and Mrs. Reed at
Pasadena admittedly was for health and
pleasure and not business. It was. therefore,
not of that permanent commercial or busi
ness character which will in law constitute
a change of domicil regardless of the Inten
tion of the parties. Nor was It of such a
character as will overcome the presumption
that their former domlcil at Portland con
tinued. We must, therefore, look to the evi
dence to ascertain whether in fact they In
tended to abandon their Portland domlcil
and acquire a new one in California, and in
doing so it is important to bear in mind
their situation at the time of their removal,
the causes which prompted It, Its purpose
and the place to which they removed.
Mr. Reed was in falling health and had
been compelled to cease active participa
tion in his business affairs. It was necessary,
as he thought, and as he was advised by
his physicians, to seek a more congenial
climate than that of Oregon. For this pur
pose he visited California, and after exam
ining several places or localities, finally se
lected Pasadena, which, as one of the wit
nesses testified, is "a health resort." A large
part of its population "come there and away
again': : "two-thirds of It was temporary."
"The temporary class is composed largely
of people who come in search of health." To
this character of a location Mr. and Mrs.
Reed moved, because its climatic condi
tions and general surroundings would, it was
thought, conduce to their personal comfort
and the improvement of Mr. Reed's health.
They did not make any investments In Pasa
dena except such as seemed to them neces
sary for their comfort and pleasure. Mr.
Reed did not dispose of his Portland prop
erty or make any change in his business
affairs. He retained his office and bank ac
count in Portland and his entire conduct
negatives an intention to abandon his Port
land domlcil or to acquire another. Mr.
Reed's health did not improve and he died
In 1805, devising and bequeathing his prop
erty to his wife. Mrs. Reed continued to re
side In Pasadena as before without making
any chance in her business affairs or indi
cating In any way a purpose to change her
domlcil. She continued her church connec
tions In Portland, making regular contribu
tions for its support and to its charities. She
described herself in numerous documents
and In her will as a resident of Portland
temporarily residing at Pasadena, and the
very terms of the will itself indicate that
she considered Portland as her home and
entitled to receive her charitable bequests.
The acts of Mr. and Mrs. Reed, and the un
disputed facts surrounding and characteriz
ing their removal from Portland to Califor
nia, and their subsequent residence in Pas
adena, show to our minds quite clearly that
they at all times deemed and considered
their residence there as temporary rather
than permanent, and that Portland was
their legal domicil. The decided weight of
the testimony as to their purposes as de
clared by them Is to the same effect.
Mr. Dolph's Testimony-.
C. A. Jolph, who was the legal and 'con
fidential advisor of Mrs. Reed after the
death of her husband, and who perhaps
had a belter opportunity to know her real
intention than any other witness in the case,
testified that he had numerous conversations
with Mrs. Reed regarding the place of her
permanent residence and that on every oc
casion when the subject came up she in
evitably gave It as . Portland, and by her
instructions she had been so described in
the different wills that he had prepared for
her; that when he came to prepare the
petition for the probate of Mr. Reed's will
In November, 1S95, he inquired of Mrs. Reed
as to her permanent residence, because she
was to verify the petition, and he knew Mr.
Reed had been away from Portland a good
deal lor several years prior to his death, and
at that time Mrs. Reed told him distinctly
that Portland was their permanent resi
dence and that "they had always claimed
Portland as t heir home ; that the matter
had been incidentally discussed with rela
tion to the removal or change of residence
of Captains Thompson and Ainsworth. Mr.
Heed had spoken of that, and stated that
their permanent home was in Oregon"; that
he frequently visited Mrs. Reed at Pasa
dena professionally at her request, and on
several occasions suggested that it might
be better for her to consult some resident
lawyer, and offered to recommend some one
for that purpose, but that she invariably
replied: "I don't wish to do that. It Is so
hard to make people here understand that
I do not belong here. My interests, what
I have, my affections' I would not be sure
that she said my home but that was the
significance of it, was in Oregon and not In
California"; that he had many conversa
tions with her with regard to the disposition
cn the part of the people of Pasadena to
induce her to aid in publlo charities and
enterprises and that on more than one oc
casion she told him that "they - did not
understand that she was not interested in
those things, not belonging to them, or not
belonging there, but In Oregon. She put
California, or Pasadena, and Portland, Or.,
in juxtaposition a good many times and prin
cipally in urging her objection to having an
advisor there, and transferring a portion of
her business there, and It came up in re
gard to her bank account, as to having a
bank acconnt or an office there, she always
answered that her office was here and her
business was here and her affections were
here"; that she always spoke of Oregon as
her home, and so far as her Intentions were
concerned he never had a suspicion that It
was claimed by anybody that Portland was
not her permanent home; that every expres
sion of hers to him, whether drawn out for
the purpose of obtaining information from
a legal standpoint or in a social way, was
to that effect.
James Patterson, a resident of Pasadena,
who became acquainted with and frequently
visited the Reeds after their removal to
that city, testified that Mr. Reed was re
garded as a temporary resident and that he
came to Pasadena for his health; that after
Mr. Reed's death Mrs. Reed frequently re
ferred to Oregon as her home and that on
one occasion ho suggested to her that she
had lived In Pasadena long enough to be
come a Californlan, and she replied:
"Oh, no; I will never become a Califor
nlan; Oregcn is my home. I was raised
there and grew up with the country."
Miss Stevens, who was the maid of Mrs.
Reed from January, 1900, to October, 1902,
testified that Mrs. Reed always spoke of
Portland as her home, and when they were
planning to make visits to Oregon, as they
frequently did, Mrs. Reed would say: "Well,
we are gokig home this Summer"; that in
April, 1004, she told witness that her phy
rician thought that the climate at Pasa
dena did not agree with her and that it
might be necessary for her to . make a
change, and she said, "If so, I will go back
to my home' In Portland."
Never Called Pasadena Home.
Mrs. Martin Winch, who was regarded
practically as a daughter by Mrs. Reed, and
with whom she talked frankly and freely,
testified that the Reeds werft to California
on account of Mr. Reed's health; that after
Mr. Reed's death she (witness) was with
Mrs. Reud practically all the time up to her
death, except during the Summers of 1900
and 1903; that witness always understood
that Mrs. Reed's permanent home was In
Portland and never thought anything else;
that Mrs. Reed always kept up her dues in
the Ladies' Relief Society and in the Uni
tarian Church, of which she remained a
member, and when solicited to contribute to
Pasadena charities, she would say: "That
is not my church. My church is In Port
land. I give to my church just as I always
did"; that Mrs. Reed loved Carmellta dearly,
but always spoke of it as Carmellta, and wit
ness never heard her refer to it as home;
that witness never heard her in any shape
cr manner say that Pasadena was her home
for the rest of her life or all the time, bui
often heard her refer to Portland as her
home; that she often talked about California
and Oregon people, and witness had fre
quently heard her say that the people of
Pasadena did not seem to understand why
eho would not (.ake the same interest in their
charities and social affairs as rhc did In
Portland, but she said: "That 1 do not do.
Fortland is my home. That is where I am
Interested, and what I want to do I want to
do there"; that when people would come to
her In Pasadena and solicit contributions she
would say: "Why, I have no business here.
My business, my office is in Portland and
my business agent is there"; and that so far
as witness knew Portland is the place she
always spoke of as her permanent home.
Mr. Martin Winch, a nephew of Mrs. Reed
and her confidential agent and business man
ager, and that of her husband during the
latter part of his life, and who consequently
was familiar with her intentions, testified
that he always looked upon Mrs. Reed's res
idence in California as temporary and
thought that she regarded It the same; that
he never heard anything to the contrary and
never supposed that she had any permanent
residence but Portland.
The. contestants have the testimony of
numerous witnesses as to alleged declara
tions made by Mrs. Reed concerning her
honte and some letters written by her to
relatives and friends. In many of these let
ters Mrs. Reed expresses her appreciation of
the climate at Pasadena, its flowers and
fruits, and In some of them refers to Car
mellta as home, but ther is nothing in any
of them to indicate that she used the word
home in any ether sense than as referring to
a temporary residence. It Is not necessary
to cite authorities or enter Into an argument
to show that the word home is very fre
quently used with reference to a place other
than the legal and permanent domicile, but
it would be quite natural for Mrs. Reed, who
manifestly enjoys her beautiful residence in
Pasadena, to refer to it as her home In a
casual conversation and in friendly letters.
The oral testimony consists principally of
the evidence of interested witnesses, who
undertake to relate statements alleged to
have been made by both Mr. and Mrs. Reed
to the effect that they never intended to re
turn to Portland to live; that Pasadena
was their home and that they expected to
live there during thi remainder of their lives.
It is not necessary to prolong the opinion
by referring to this evidence In detail. We
miavv irim il wim cure. nie declarations, or
most of them, are claimed to have been
made many years ago and in the course of
casual conversation or in answer to ques
tions and are entitled to but little weleht
Such testimony Is admissible in cases of this
character, but It is considered by courts as
of the lowest species of evidence, especially
wnen, as in tnis case, it encounters conflict
lng declarations. Such expressions or
declarations are so much Influenced by the
circumstances under which and the person
to whom they are made, and -the state of
the temper at the time, that they cannot be.
Bu.it: i iciieu upon w nen tney conflict with
each other, or are Inconsistent with the ac
tions and conduct of the parties.
In Morehouse v. Lord, supra. Lord Chelms
ford, in referring to similar evidence, sald:
"There are proved on this occasion, as there
usually are in such .cases, written and oral
declarations which conflict with each oiier.
I lay no great stress, as your lordships prob
ably would not Incline to do, upon casual ex
pressions of preference for one country over
another at different periods. The feelings
at the moment may dictate them, or the
changing circumstances of life; even a
change of weather, the difference between a
bright and gloomy day. may make all the
difference in the expression of attachment
to one place or to another: but I dn inv
very considerable stress upon declarations
made to parties to whom he would be likely
to reveal his Intentions, those declarations
not being casual and occasional, but re-
jj en i rum nmo 10 iime, ana evincing a
strong determination to carry into effect the
objects which he states."
Weight of Oral Testimony. '
And Mr. Jacobs, In speaking of the weight
to be given to the oral declarations of a
party, says: "The time, occasion and man
ner of making them, their reasonableness
and consistency with themselves and with
the TJther proven facts In the case, the pres
ence or absence of the suspicion of sinister
purpose in making them, the character and
temper of the person, as well as (if they are
oral the length of time which has elapsed
between the time of their alleged utterance
and the time when they are testified to.
etc., enter materially into the estimation of
their value. If they are not Inconsistent
with the acts, and are faithfully reported,
they often serve to turn the scale; but it is
otherwise, if they are contradicted by the
acts and general conduct of the person mak
ing them. The peevish outburst of a person
of irascible temper, or the careless expres
sion of one whose habits are unstable and
whose purposes "are vacillating, are entitled
to less weight than the deliberate utterances
of a person of known firmness of character.
So, too, expressions in. conversations are of
less value than repeated declarations made
to proper persons, or declarations in the
usual course ot business. Mere declarations
that a person prefers a residence in one
country to another, it has. been said, will
not be regarded by a court, except in a
nicely balanced case." Jacobs, DomiciL sec
tion 455.
Within the rules thus laid down, the dec
larations and statements made by Mrs. Reed
to the witnesses for the proponents are mani
festly entitled to more weight than thoae made
to the witnesses for contestants, Mrs. Reed's
relation to them was euch as made them
proper persons In whom to confide, and with
whom to converse frankly with regard to her
affairs, and to whom she would be likely to
reveal her intentions. Mr. Dolph was her
legal advisor and a friend of long standing,
a man to whom she would naturally disclose
her real purpose and Intent, and especially sc
when It was necessary for him to be Informed
in regard to that matter In order to advise her
intelligently and safely In her business affairs.
Mrs. Winch was to her as a daughter, with
whom she talked freely and frankly. Mr.
Winch waa her nephew and business agent.
and would certainly have known of any intent
on her part or that of her husband to change
their domicil from Portland to California, and
yet he testified that he never knew or heard
of any contemplated change. Mr. Patterson
was a friend, and Miss Stevens was her maid.
These witnesses were all In positions to know
more of Mrs. Reed's intent and purpose than
other witnesses in the case. They are all dis
interested, without any object to gain or pur
pose to advance by exaggeration or distorting
the truth. Indeed. Mr. Winch, who Is a
nephew of Mrs. Reed, and one of the legatees
In the will, would find his interest largely
increased if the contestants could succeed.
Decree Is Affirmed.
The time, occasion and manner of making
the declarations to these witnesses, the fact
that such declarations were frequently repeat
ed and always consistent with each other and
with the solemn declarations made by her in
her several wills and written instruments.
strongly corroborate the Inference as to- resi
dence to be drawn from Mrs. Reed's acts and
conduct. They were not expressions let drop
in mere casual conversations or contained In
friendly letters, but. as eaid by Chase, J., in
Cruger vs. Phelps. 47 N. Y. Supp. 61: "Were
made when there waa no controversy, and
cover such a long period of time as to preclude
the idea of their being made with reference
to property rights, and they were so deliber
ately and frequently made as to preclude the
Idea of carelessness or inadvertence." They
are circumstances which, with the deliberate
acts of Mrs. Reed, Indicate clearly that her
intention was to retain her domicile In Port
land, and to dispose of her property according
to the laws of this state, and the showing
made by the contestants is not tmch as to re
quire a court to defeat her expressed desires
as to the devolution of her property by hold
ing that her domicil was not where she sup
posed and Intended It to be.
The decree Is affirmed.
BEATEN BY THE INDIANS
The Dalles Football Gladiators Meet
Defeat at Cliemawa.
Manager S-tubllns and The Dalles foot
ball team spent yesterday in this city.
They were on their way home to-'The
Dalles from Cliemawa, where they met
the Indians in a game Saturday. The
Dalles men were well pleased with the
treatment, they received at Chemawa, but
were disappointed at not being able to
defeat the Red men. Immdiately after
the commencement of the frame McUby,
The Dalles' speedy fullback, circled the
Indian end and got away on a clear
held, but tripped on the 20-yard line
owing to the heavy mud. The Hrst half
was played in the Indians' territory and
the second in The Dalles'. Big Rube
Sanders, Smith and White Bear saved
the day for the Indians.
A return game will be played Xew
Year's day in The Dalles. While here
Manager Stubllng made arrangements
with Multnomah for a game here .Christ
mas with the club's second team. While
the Multnomah seconds will have an
advantage in weight of about 15 pounds
to the man, they will do well to score
on the speedy aggregation from Kastern
Oregon.
Owens and Ttarter, of Willamette, acted
as officials at Chemawa and were satis
factory to both sides. Kerron Boyd and
McArthur will be the officials for the
'Christmas game.
BILLIARD MATCH THIS WEEK
Tliirly-seven Entries Listed in Big
Multnomah Club Tournament.
The annual handicap billiard tourna
ment of the Multnomah Amateur Athle
tic Club will begin this week. The" list
of entries numbers 37, the players being
divided into six classes, according to the
decision of the billiard committee, which
was announced last evening.
Each player in a class will play with
every other contestant in his class in
the preliminaries, and the one losing the
fewest number o games will be the
winner of his class and qualify for the
finals, which will be begun after the
preliminaries are decided. The winner of
the finals will be awarded a handsome
gold medal. The second prize is a hand
some cue.
Following are the entries and official
handicaps:
First class (100 points) C. H. Grltzmach
er. So: C. B. Holman. S3; M. S. Mulford. 80;
William B. Strceter. 1O0; 'William S. Walter,
SO: R. W. Wittschon. tll.
Second class t7. points) William B.
Fechlielmer, 70; C. L. Gilliland, E. B. Mor
gan. A. W. Morris, A. C. Peel, Lansing Stout.
Third class (70 points) P. K. Brigham,
CO; S. .T. Harder. 70; Hnry Jennings, 63;
f!corge McMillan, 05; H. E. riummer, CO; K.
It. Warriner, 70.
Fourth class I .",n points! I,. W. Baker, A.
" PROUD AND GLAD "
Because Mother Looked So Well After
QuUtluR Coffee.
An Ohio woman was almost distracted
with coffea dyspepsia and heart trouble.
Like thousands of others, the drug in
coffee caffeine was slowly but steadily
undermining her nervous system and in
terfering" with natural digestion of food.
"For 30 years," she writes, "I have
used coffee. Have always been sickly
had heart trouble and dyspepsia with
ulcers in stomach and mouth so bad
sometimes I was almost distracted and
could hardly eat a thing for a week.
"I could not sleep for nervousness, and
when I would lie down at night I'd
belch up coffee and my heart would
trouble me. At last, when I would want
to drink coffee it would gag me. It was
like poison to me. I was thin only
weighed 125 pounds, when I quit coffee
and began to use Postum.
"From the first day that belching and
burning in my ' stomach stopped. The
Postum went down so easy and pleasant.
I could sleep as soundly as anyone and,
after the first month, whenever I met any
friends they would ask me what was
making me so fleshy and look so well.
"Sometimes, before I could answer
quick enough, one of the children or my
husband would say, 'Why that is what
Postum is doing for her' they were all
so proud and glad.
"When I recommend it to anyone I
always tell them to follow directions in
making Postum. as it is not good to taste
if weak, but fine when it is boiled long
enough to get the flavor and rich brown
color." Name given by Postum Co., Bat
tle Creek, Mich. Read the little book,
"The Road to Wellville," in packages.
"There's a reason."
E. Herrigan. C. I Monson, Otto Ott, J. R.
Rogers, M. Ross.
Fitth class (SO points) R. P. Knight. W.
J. Lyons, Sam May. Ed Morris, O. L. Spen
cer, Irving Stearna.
Sixth class (40 points) L. F. Buck. E. D.
Barrett, Thomas Cleland. G. Eastham. H. T.
Hudson, S. C Moore. Roy Wennerberg.
PERSONALMENTION.
NEW YORK, Dec. 9. (Special.)
Northwestern people registered today
as follows:
From Portland.: Imperial, J. A. Fun
ger; Normandie, H. W. Kingeter; Alber
marle, H. W. Scott; St. Dennis, F. D.
Fuller. From Spokane: Imperial, B. C.
Kingsbury; Bartholdl. W. H. Lucas.
From Coos Bay. Or., Hoffman, H.
Loggie. From Burns. Or.: Grand, G. W.
Clevenger. From Seattle: Manhattan,
A. S. Nicolson, L. M. Rice, Seville, F. C.
Jackson and wife; Prince George. H.
T. Granger and wife; Holland, W. J.
Gearin; Imperial, H. Packard, V. K.
Morris; H. H. Gafteny, H. E. McCarty.
H. H. Joeh; Astor. H. T. Granger and
wife.
CHICAGO, Dec. 9. (Special.) Oregoni
ans registered today as follows:
From Portland W. C. Barker. Mrs. C.
C. Barker, Ada Barker, Alice Barker, at
the Auditorium; F. A. Cummings, at the
BrevorL
Fell Off Train and Broke Arms.
OREGON CITY, Or., Dec. 9. (Spe
cial.) A transient workman who to
day applied at the paper mills for em
ployment reported to officers this morn
ing that his partner, while they were
stealing a ride to the city on the south
bound California Overland, fell from
the train near this city last night and
sustained a fracture of both arms.
Sheriff Beattie and Chief of Police
Burns today visited the scene of the
accident and found the man's hat and a
roll of blankets, but no further evi
dences of the Injured man. who is re
ported to have retraced his steps to
Portland, where he has friends, for
medical aid. The injured man's asso
ciate was unable to give his compan
ion's name.
Head Crushed by Broken Cable.
ABERDEEN, Wash.. Dec. 9. (Spe
cialsJohn Olson aged 21, was killed
and Ludwig Ludwigson seriously in
jured in Coats' camp Saturday evening.
The men were operating a donkey en
gine, which got away from them, and
the cable snapping, hit Olson in the
head, crushing his skull. Ludwlg was
injured in the shoulder and chest.
VICTOR MANGANESE STEEL
BANK SAFE
fc-.a-jg-jiillii'.
M i ', -::'"'.-;'" f-'S 1 .-if.
1 i miii nT
GLASS 4PRUDHOMMECO., AGTS.
PORTLAND, OREGON
TRAVELERS' CI IDE.
Tinr rinn
STrfiSNv 1 1 ill L UiU
OV V r r Tnntir
1 I
O DADIi a fvin
Iepart. ArriTfc
Yellowstone Park-Kansas
City-lit. Louis Special for
C h e h a 1 1 k. Centralia.
Olympia, Gray's Har
bor, South Bend, Ta
coma, Seattle, Spokane,
Lewiston, Butte, Bil
lings, Denver, Omana,
Kansas City, St. Louis
and Southwest 8:30 am 4:30pm
North Coast Limited, elec
tric lighted, for Tacoma,
Beattie. Spokane, Butte,
M inneapolls, St. Paul
and the east 2:00 pm 7:00 am
Pugct Sound Limited for
Clare mont, Chehalis.
Centralla, Tacoma and
Seattle only 4:30pm 10:35 pra
Twin City Express for Ta
coma, Seattle, Spokane,
Helena, Butte, St. Paul,
Minneapolis, Lincoln,
Omaha, tit. Joseph, 8t.
Louis, Kansas City,
without change of cars.
Direct connections for
all points East and
Southeast 11:43 pm J:50 Pm
A. D. Charlton. Assistant General Passen
ger Agent. 255 Morris a, at., corner Third,
Portland, Or.
Astoria and Columbia
River Railroad Co.
Leaves.
UNION DEPOT.
Arrives.
Dally
8:00 A. M.
Vor Maygcrs. Rainier,
Clatskanle. Weatport,
Clifton, Astoria. War
renton, Klavel. Ham
mond, Fort Stevens,
Gearnart Park, Sea
side, Astoria and Sea
shora. Express Dally.
Astoria Express.
Dally.
Sally.
11:53 A.M.
1:00 P. M.
9:50 P. M.
C. A. STEWART. J. c. MAYO,
Coram'l Agt.. 248 Alder at G. F. & P. A.
Phona Main 006.
SanFrancisco & Portland S.S.Co.
From Ainu worth Dock.' Portland, at 8 P. AL
Coeta Rica Dec. 12, 2'Z. Jan. 1, etc.
S. S. Columbia Dtr. Ji. 7; Jan. 6, etc.
From tipper tit., San Francisco, at 11 A. M.
S. S. Columbia Dec. 13, 23, Jan. 2, etc
S. S. CoKta Hk'a Dec. J 8, 28; Jan. 7, etc.
Only direct passenger steamers operating
between Portland and San Francisco.
JAS. H. DBWSON, Agent,
Phone Main 20S. 248 Washington st.
Columbia River Scenery
REO V LA TOR LINE STEAMERS.
Dally service between Portland and The
Dalles, except Sunday, leaving Portland at
7 A. M., arriving about 5 P. M., carrying
freight and pabMengere. fcplendid accommo
dations for ou tilts and livestock.
Dock foot of Alder it., Portland: foot of
Court at., Th Dalles. Phon Main 914,
Portland.
IV1LLAMETTE RIVER ROUTE
For Corvallls, Albany, Independence, Salem.
Steamer "POMONA" leaves 6:45 A. M..
Tuesday, Thursday and Saturday.
For Salem and way landings Steamer
"OREGON A' leaves 6:45 A. M.. Mondays.
Wednesdays and Fridays.
OKtOON CITY TRANSPORTATION CO,
Foot Taylor Street.
PORTLAND-ASTORIA ROUTE,
Fast Steamer Telegraph
Makes round trip dally (except Sun
day). Leaves Portland 7 A. M. Leaves
Astoria 2:30 P. M.
LanUlua; Alder-Street Dock.
I'lioue Slain 5K3.
TRAVELERS' GUIDE.
EAST via
SOUTH
UNION DEPOT. Arrives.
llally
11:30 P. M.
Portland and San
Francinco Express
stops only at most
Important station
between Portland
and San Francie
co for all points
East and South.
OVERLAND EX
PRESS TRAINS
for all local
points south, Sac
r a m e n t o. San
Franctaco and
points East and
South.
Morning: train
connects at
Weodburn daily
except Sunday
with ML Angel
and SUverton lo
cal. Cottars Grova
passenger con
nects at "Wood
bum and Albany
dally except
Sunday with
trains to and
from Albany.
Lebanon and
Id
branch points.
Corvallls passen
ger. Sheridan passen
ger. Forest Grove
passenger.
Dally
11:30 P. M.
7:45 P. M.
7:25 A. M
8:30 A. M.
5:30 P. JI.
4:15 P. M.
11:00 A.M.
7:30 A. M.
4:10 P. M.
15:20 P. M.
tll:00 A. M.
5:50 P. M.
10:20 A. 5.
52:50 P. M
SS:00 A. M.
Diiy- DaVy except Sunday.
fORTUNU-OSWEGo SUBURBAN
SERVICE AND YAMHILL,
DIVISION
Depot. Foot of Jefferson Street.
Leave Portland dally for Oswego at 7:4
A. M. ; 12:50. 2:0.1, 3:30. 5:20. 6:2T.. 7:45. 10:10,
11:30 P. M.. Dally except Sunday. 5:30.
6:30. 8:40. 10:25 A. M. Sunday only. 9 A. M.
Returning from Oswcko. arrive Portland,
dally, 8:35 A. M., 1:55. 3:05. 6:10. 6:15. 7:35.
:55. 11:10 P. M.; 12:25 A. M. Dally except
Sunday. 6:25. 7:25. 8.35. 9:35. 11:45 A. M. Sun
day only, 10 A. M.
Leave from rame depot for Dallas and In
termediate points daily. 7:30 A. M. and 4:IS
P. M. Arrive Portland. 10:15 A. M. and
6:25 P. M.
The Independence-Monmouth Motor Llna
operates dally to Monmouth and Airlle, con
necting with S. P. Co.', trains at Dallas and
Independence.
First-class fare from Portland to Sacra
mento and San Francisco. $20; berth, $3.
Second-class lare. $15; second-class berth.
2.50.
Tickets to Eastern points and Kuroper
also Japan. China. Honolulu and Australia.
CITY TICKET OFFICE. Corner Third and
Washington Sts. Fhone Main 712.
C. W. STl.NUEK, Wil. M'.MI RKAY.
City Ticket Agent. Gen. Pass. Agt.
STRAINS TO THE EAST DAILY
Through Pullman standards and tourist
sleeping cars dally to Omaha. Chicago. Spo
kane; tourist sleeping car dally to Kansas
City. Reclining chair cars (seats free) t
the East dally.
flit OiQEGOU
UNION DEPOT. Leaves. Arrives.
ch icaooortld:
SPECIAL for the 0:30 A.M. 7:30 P.M.
East via Huntington. Dally. Dally.
7:00 p. M. 8:00 A. M?
SPOKANE FLYER. Dally. Dally.
For Eastern "Washington. "Walla Walla,
Lewiston. Coeur d'Alene and Great North-
A.TLANT1C EXPRESS 8:15 P.M. D:.10A. M.
for the East via pally. Dally.
Huntington.
PORTLAND - BIGOS 8:15 A.M. 5:45 P.M.
LOCAL for all loral
points between Biggs
and Portland. m
RI V KB SC1IE l CLE.
FOR ASTORIA and 8:00 P. M. 5:00 P.M.
way polnt.s, connecting Dally Dally
with steamer for II- except except
waco and North Sunday. Sunday.
Beach stestmer Saturday
Hassalo. Ash st. dock. 10:00 P.M
FOR DAYTON. Ore- 7 ;oo amTI 5:30 P. M.
gon City and Yamhill Dii!y Dally
River points. Ash-sU exc?pt except
dock (water per.) Sunday. Sunday.
For Lewiston. Idaho, and way points
from Riparla. Wash. Leave P.lparia 5:40 A.
M.. or upon arrival train No. 4. daily except
Saturday. Arrlv. Riparla 4 P. M. dally ex
cept Friday.
Ticket Office, Third and Washington.
Telephone Milln 712. C W. Slinger. Clly
Ticket Agt.s W'm. McMurray, (ien. l'aa, Agt.
THE COMFORTABLE WAY.
; TWO OVERLAND TRAINS DAItf
THE OrtlENTAr. LIMITED
The fast Mall
ml VTA REATTT.R CiT? SPOWAVH!
Ii Dally.
PORTLAND
Timo ichfMiul.
Dally.
Arrive.
Leave
To and from Sdo-
8:30am!kane. tit. raul. Min
neapolis, Duiwth and
11:45 pm'Ali points Kast Via
Seattle.
7:00 am ;
0:50 pm
To and from St.
Ip a u 1, Minneapolis,
t ;00 pm jiuiuth and all
Points East Via
I Spokane.
S;00 am
Orrat Northern Steamship Co.
aiHnj? from tfeattle for Japan
and Clilna ports and Manila, carry
ing passenRrs and freight.
S. S. Minnesota, Jnnuarj 9.
h. S. Dakota, February 17.
NIPPON VtSKN KAISHA.
(Japan Mall Steamship Co.)
F. S. KAOA MARU will ball fmm
Prattle about December 21 for
Japan and China ports, caxryinfi
pas-tnfiers and freight.
For tickets, rates, berfh reserva
tions, etc., cnM on or address
XI. DK KSON. C P. & T. A
123 Third at- Portland, Or.
Phone Main 68U.
Steamer Chas. R. Spencer
Leaves Oak-street dock every Monday.
Wednesday and Friday at 7 A. M. for THfl
DALLES AND STATE PORTAGE.
Returning, arrives rortland. Tuesday,
Thursday and Saturday at 3 P. M. Low
rates and excellent eervlce.
Phone Main 2060.
SOCTHEASTERX ALASKA
KOUTE.
From Seattle at 9 P. M.
for Ketchikan. Juneau.
Skagway. White Horse.
Dawson and Fairbanks.
S. S. Humboldt, Decem
ber 11 21. 0 A. M.
S. 8. Cottaso City vla
Sitka), December S, 19.
Upper Coluiia RWsr
FOR SAN FKANCISCO DIRECT.
From Benttle at 8 A. M. Umatilla, De
cember 1, 1. al; City of Pucbla, December
U, 21: Spokane, December 11, 2(1.
l'ortiund Office. 248 Manhington St.
Main 221).
C. II. DUNANN. G. P. A.. San Francisco,