5
PAG1F1G LOSES
PROPERTY SUIT
Roosevelt a statement of the action taken
against Japanese laborers by the Wait
ers' Union in this city.
I closed the cafe." said Mr. Helm, "to
avoid putting my waiters in an embar
rassing position. The trouble is alt about
our Japenese dishwasher. I told Walking
Delegate Humphrey that I would gladly
hire whites if he would find them. Last
night he told me he would' have to call
the men out."
THE 3IORMX& OREGON JAX, THURSDAY, MARCH 521, 1907.
Fails to Show Consecutive
Title in Forest Grove
Liquor Case.
COURT GRANTS A NONSUIT
Hecause University Is Vnahle to
Prove That Mrs. Miller Is Assign.
Judge McBricle Overrules the
Evidence of Liquor Selling.
HILLSBORO, March 23. (Special.)
In the suit of Pacific University of
Forest Grove to have the court de
clare tnc title to a valuable brick
hulldlng forfaited to the school. Judge
McBiide today decided that the plain
tiff had not proven that Mrs. Charles
Miller was an assign of the University,
and this prueticaliy decided the case
against the college. The University
must pay the costs of the suit and
Miller will remain In possession o
Tils property.
The University asked for a voluntary
nonsuit, which was opposed by the de
fense, Miller's attorneys asking that
the title be vested by court decree to
the defendant. Tha court, however,
admitted the nonsuit. The school also
asked for a nonsuit in a like case
against Charles Hines and C. G. Wag
ner, Involving another piece of prop
erty. Tho Miller case covers the fol
lowing propositions and conditions
and upon which the University loses:
Proceedings or Case.
Tualatin Academy and Pacific Uni
versity sued Mrs. Miller, the plaintiff
scekinfr to recover the land on account
of a condition in the deed from the
University to Milton Tuttle. This con
dition was. in substance, that If the
Rrantee. his heirs or assigns, should
keep for sale, and should sell, ardent
spirits to be used as a beverage, the
deed should be void and the premises
should revert to the University.
It was stipulated between the plain
tiff and the defendant that this land
was patented by the United States to
Harvey Clarke and conveyed by Har
vey Clarke and wife to the University.
The plaintiff then Introduced its deed
to Milton Tuttle containing the reser
vation, and a deed from Milton Tuttle
to Thomas Thompson. It then intro
duced a deed from Mary Jane Smith to
Wilson Bowlby, and a deed from Wil
son Bowlby to M. A. Mills. A break
occurred in the recorded chain of titlo
at this place, and then there was a
romplete chain of conveyances down
to the defendant.
Mrs. Miller Not an Assign.
The plaintiff then offered evidence
of sales of liquor on the premises. Some
of It was admitted, conditionally, in or
der to enable the witnesses to leave, but,
upon objection, this morning, the court
rilled that no further evidence could be
admitted and that the evidence of sales
of liquor heretofore offered should be
stricken out, unless the plaintiff . could
connect the defendant with their title,
or the title conveyed by them to Milton
Tuttle. In other words, it was ruled
that the sales must be made by the
grantee, his heirs or assigns, in order
to make void the title. As it was not
contended that Mrs. Miller was the
grantee or the heir. In order to forfeit
the title, it must be shown that she was
an assign of the plaintiff.
After an ineffectual attempt to supply
the gaps in the record of evidence of ' the
title, the plaintiff asked and was given
a non-suit.
Milton W. Smith, attorney for Pacific
University, in discussing the cases, said
tonight: "It was unfortunate for the
tinlversity and for our case that the rec
ord chain of title was broken. The Wag
ner case and the Beard case, which I
asked dismissed, are not matters of im
portance, as the drugstores are removed
from the property and the owners of the
real estate have promised that no more
liquor shall be sold on the premises. We
do not want the property of these peo
ple, but we want to see the sale of liquor
suppressed on the property formerly con
voyed by the university and containing
the restriction of the sale of liquors."
WATER QIESTIO.N THE ISSUE
Eugene Election Will Decide Munici
pal Ownership Controversy.
EUGENE. Or., March 70 (Special.)
The annual city election to be held Mon
day. April 1. for the purpose of choos
ing a Mayor and four Councilmcn and
a Recorder for the city promises to be
one of the most closely contested ever
held in Kugene. There are two tickets
In the field, which will be known as the
"municipal ownership" ticket and the
"citizens' " ticket. The candidates on
the former are pledged to secure for
the city an unquestionable water supply
and favor city ownership, of its water
tystem. The "citizens' " candidates are
not in favor of any change.
The only issue in the coming election
is municipal control of water utilities.
Eugene has never owned her water sup
ply, and has been able to do little to
ward controlling it. The coming con
test is a continuation of a fight waged
by the people during the last four years.
In the. more recent city elections oth
er issues, especially the saloon question,
have affected to some degree the strug
gle of the people for city ownership of
the water system, but this time candi
date's were chosen regardless of their
views on the liquor question. The sa
loon men. whose defeat In June was due
more to their participation in the last
city election than to any other one
tiling, will not likely take any part
this time
The candidates on the "municipal own
ership" ticket are for Mayor J. D. Mat
lock, an ex-Councilman: for Councilmen.
F. J. Berger. merchant: George Fisher,
real estate agent; Councilman A. T.
Garret: 1. X. Harbaugh. attorney. "Cit
izens' " candidates are: For Mayor, F.
W. Osborn. banker: ' Councilmcn, G. G.
Gross, real estate spent: F. X. McAl
lister, banker: W. Griffin, merchant: M.
Svewerud. real estate agent.
M. Svewerud has publicly announced
that, while he is on the citizens' ticket,
he is not a corporation man, and he fa
fora municipal ownership.
TAKES EMPLOYES INTO FIRM
Owner of Taconia Restaurant Es
capes Control of Vnion
TACOM A. Wash.. March 20. (Special.)
Rather than allow a strike. C. F. Helm
closed down his cafe last night. When
it Is reopened in about two days every
waiter and employe will be a stockholder
In the concern, and hence it will be an
open shop and no longer be subject to
the control of the union. More than
that, Hr. Helm has written to President
WHOLE CREW PROBABLY LOST
Dismantled Hulk of Bark Maelgwin
Passed on Pacific.
FORT TOWNSEND. Wash.. March IP.
(Special.) Captain Guering. master of the
British cargo steamship Midgard, lumber
laden, from Puget Sound for Port Pirie,
officially reports to the liydrographic of
fice here that on January 21 he passed
the dismantled hulk of the British bark
Maelgwin, Captain Thomas. 125 days out
from Pisco. South America, bound for
Australia.
The vessel was almost totally dis
mantled and tile absence of the ship's
boats from the davits indicated tha; she
was deserted by the crew. Signalling
failed to bring a response and trie jviki
gard proceeded, weather being too rough
to permit close approach for examina
tion. As no reports have been received
of the crew's arriving anywhere, it is
probable that the entire ship's comple
ment met death In the storm which
wrecked her.
The report spells the name Maelewin,
but no such vessel Is registered. The
Maelgwin is a craft pf 1235 tons owned
by R. Thomas & Co.,' London, and left
Pisco November 17 for Australia.
DESERTIONS ARE ALARMING
Officers Endeavoring to End Evil at
Walla Walla.
WALLA WALLA. Wash., March 20.
(Special.) Desertions are becoming
so frequent at Fort Walla Walla that
officers are getting- alarmed and be
lieve something ought to be done to
end the evil. Several desertions are
recorded during the past few days,
the most notorious among them be
ing that of John Norton, who, while
under arrest, mado a break for lib
erty yesterday iafternon under the
guns of his guards. He succeeded in
getting away without being Injured,
although a volley of shots were fired
at him from close range. He was
not caught until late last night, al
though' the entire garrison searched
lor him.
DITCH TO SERVE 70,000 ACRES
Survey Complete for Irrigation Pro
ject to Cost $50,000.
MEDFORD. Or., March 20. (Spe
cial.) The Sterling Mining Company
has completed a survey for a 21-mi'.e
ditch from the summit of the Jackson
ville Mountain to the little Applegate
River. The work, which will cost
about $50,000. will connect the Squaw
Lake water system with the company's
Rogue River valley irrigating system.
It will furnish sufficient water for
7O00 acres of orchard land. The
work is to be let by contract and is to
be completed by March 1, 1908.
MANGLED BY BLAST IN STUMP
Canby Farmer Receives Injuries
Thut Will Probably Be Fatal.
CANBY, Or., March 20. While blast
ing stumps for a neighbor this after
noon O. Anderson, a Canby farmer, was
caught by an explosion of powder and
horribly mangled. .Anderson got too
netfr ' one-'of the blasts. thinking the
fuse had gone out, when the discharge
occurred. H Is' now unconscious and
it is thought he will not live till morn
ing. '
NEW BANK EXAMINER CHOSEN
John Steel, of Portland, Selected bj
Commission.
SALEM. Or.. March 20. (Special.)
James Steele, of Portland, has been ap
pointed State Bank Examiner. He is a
brother of State Treasurer Steele and
was one of the founders of the First
- iiftiirrti"iiMiTfi - - - :vif - i:t','
JAMES STEELE, NEW
National Bank at Portland in 18K8. and
later was connected with the Merchants
National Bank of that city. Nearly his
entire life has been spent in the bank
ing business. The appointment was made
at the meeting of Governor Chamberlain.
Secretary of State Benson and State
Treasurer Steele, comprising the Board
of Bank Commlsioners. The position car
ries with It an annual salary of $2000 and
traveling expenses. The inspection occurs
at any time deemed advisable, and the
trips are not announced in advance.
Arson Leads to Insanity.
ALBANY. Or., March &. (Special.) As
a result of his recent attempt to set fire
to the barn of his neighbor, ex-Sheriff
M. C. Gaines, near Scio. Ed Young isi to
tally insane and was today taken to a
private sanitarium in Portland for treat
ment. Young has for some time been
failing mentally, and while suffering from
one of his periodical aberrations of mind
attempted to bum his neighbor's barn.
When It was ascertained after official in
vestigation that Young was the incendi
ary, knowledge of the fact preyed upon
hiB mind until he became, totally unbalanced.
v " H " I
A wholesome cream of .tartar
baking powder Makes the finest,
lightest, best flavored biscuit, hot
breads, cake and pastry.
Royal Baking Powder is free
from alum and phosphatic acids
ROYAL BAKINO POWDER CO., NEW YORK.
BUTTE STRIKE LOST
Printers Will Submit to Terms
of Publishers.
RESULT APPEARS CERTAIN
After Long Fight It Is Probable
That Union Will Capitulate and
That the Newspapers Will Soon
Resume Publication.
BUTTE, March a. Nothing of a. defi
nite nature has developed in the newspa
per situation, though it Is admitted by
some of the members of the Typographi
cal Union that the printers have lost
their fight with the publishers and that
they have been ordered by the Interna
tional Typographical Union to return to
work on the terms demanded by the pub
lishers. The printers were in session during thi3
afternoon, and after a long discussion ad
journment was taken ' until tomorrow
night. At that time, John Baker, dis
trict organizer, sent here by President
Lynch of the International Typographical
Union, will give out a statement. It
seems practically settled that the print
ers are to return to work at the old scale
in effect prior to May 13, 1906.
It is probable that the newspapers will
resume publication early next week, or
as soon as the necessary operating forces
can be gotten together.
COOPER WILL DRILL GIRLS
Appointed to Lead Company at
Jamestown Exposition.
SALEM, Or., March 20. (Special.)
Governor Chamberlain has appointed J.
C. Cooper, of McMinnville, to represent
Oregon at the Jamestown Exposition as
special commissioner and manager of the
Girls Drill Company, which will be com
posed of young ladies selected through
out the state, who have expressed their
wish to participate in the festivities of
the fair. To that end they are organiz
ing themselves into a drill company,
with Mr. Cooper at their head.
About 15 of the young ladies will ride
- - 'iiiii?r;rnirHiTi'fflMrrri
t
STATE BANK EXAMINE!?.
horses and execute various cowboy
maneuvers. A reaueeit has been marfe
through Senators Wright. Caldwell and
Haines, and Representative John Jones
of Polk, and others to President Roose
velt, to allow the fair horsewomen to act
us his escort at the Exposition. Gov
ernor Chamberlain tifis approved the
plan, and has written the citizens of Mc
Minnville that they have his co-operation
and best wishes in the movement.
Declares She Supported Husband.
OREGOX CITY, -Or., March 20. (Spe
cial.) Ida J. Thursey has filed a suit
in the Circuit Court against J. Thur
sey for a decree of divorce. They were
married at Oconto, Wis., October 5,
1SP9. Mrs. Thursey alleges that fier
husband drinks to excess and has
failed to provide for her, and that she
was obliged to spend her own earnings
for his support. She left him Febru
ary 19, 1906.
Fund to Exploit Hoquiam.
HOQUIAM, Wash.. March 20. (Special.)
At a meeting of the Commercial Club
Monight it was decided to raise a fund
s-1 - J
for the advertising of this city, and Sec
retary A. C. Girard will have the work
in charge. The club will also entertain
Major Chittenden, of Seattle, during his
visit to this place. Secretary Chrissey,
of the Aberdeen Chamber of Commerce.
gave the club members an address on
the benefits derived from advertising.
MILITIA FOR COAST DEFENSE
Washington Guard . Will Practice at
Puget Sound Ports.
OLYMPIA, Wash., March 20. (Special.)
In July next the militia of the State
of Washington will be established in the
coast defense posts of Forts Worden,
Casey and Flagler, at the entrance to
Puget Sound, and for a week or ten days
will do duty there as coast artillerymen,
learning to man the defenses as an
auxiliary force to the regular Army.
There will be no field maneuvers at
American Lake this year. Instead the
instruction in artillery work at the coast
defense points will take its place. All
expenses will be borne by the Federal
Government. This is the substance of a
letter which Governor Mead today re
ceived from Robert Shaw Oliver, Assist
ant Secretary of War.
Fiour of the 11 companies of infantry
contained in the state organization will
be stationed at Fort Worden, near Port
Townsend: three at Fort Casey, opposite
thereto, and four at Fort Flagler, the
third point of the triangle commanding
the entrance to the sound. While noth
ing Is said about the troop of cavalry,
the signal corps and the medical corps
of the State Guard, it is presumed they
will be used in imaginary defense of the
land side of the coast forts against possi
ble assault of small landing parties, and
that they will constitute what is termed
"coast artillery supports.
ANGEL FOR TACOMA BASEBALL
Dugdale Asserts That H. M. Prince
Will Finance Team.
SEATTLE. Wash.. March 20. (Spe
cial.) David Edward Dugdale asserts
that he and W. H. Lucas have found an
angel for the Tacoma baseball team.
Henry M. Prince, a former Seattle
cigar dealer, who now runs a big place
in Tacoma, will be. president of the
club, and Mike Lynch will be permitted
to bring the men he has under contract
into town. George Shreeder, whom
the Tacoma fans refused to recognize
as the baseball magnate of the burg,
wilt put his money into Prince's organ
ization, but he will not be prominently
known in the management.
Dugdale declares that he has put life
into the listless baseball public of Ta
coma and that the game will flourish
there this year. Dugdale went over to
Tacoma to pull the game through after
Lucas and the Tacoma boosters had
fallen down. It devolved upon Dug
dale to protect Taconia, as the fans of
Seattle regarded the proposal to sub
stitute Bellingham as a joke.
PROTESTS ARREST OF HUSBAND
Seattle Woman Would Cure Insanity
by Christian Science.
SEATTLE, Wash.. March 20. (Spe
cial.) Over the protests of his wife,
who believed a cure could be worked
through Christian Science, M. Elliott,
a farmer living near Adelaide, has
been brought into the city to be tried
for Insanity. Elliott became violently
Insane yesterday and his wife wanted
protection, but by the time the officers
arrived the man had quieted and Mrs.
Elliott Insisted that the Christian Sci
entists had worked a cure. She re
fused to prosecute him and the Sher
iff's men had to return.
Later Elliott became violent again
and this morning Hans Hagen swore
out a complaint charging him with in
sanity. The neighbors declare that
Elliott has been Insane for several
years, but both he and his wife are
Christian Scientists and the influence
of that sect has protected him.
CARPENTERS MAY STRIKE.
Deadlock Between Union and Con
tractors at North Yakima.
NORTH YAKIMA, Wash.. March 20.
(Special.) With, the Oarpenters' Union
demanding $4 a day for eight hours' work
and the Contractors Association deter
mined to pay no more than $3.50. the pos
sibilities of a. strike were heightened
here 'today. A. L. Johnson, the president
of the local union, says that the men
also demand the closed shop, a conces
sion that the contractors are unwilling
to grant.
There are about 300 union carpenters
in the city, most of them being employed
at the present time. The working day
of the employes was decreased the first
of the month from nine to eight hours.
TWO SKELETONS INEARTHED
Gruesome Find Points to Murder
and Suicide.
NORTH YAKIMA, Wash., March 20.
(Special.) Workmen engaged in blasting
near Selah this morning unearthed the
skeletons of two bodies, evidently those
of a man and woman. The possibilities
of a murder and suicide are suggested
by the positions of the bodies and the
seclusion of the burying-place.
The Coroner is of the opinion that they
have not been buried many months, as
the remains, after the open exposure to
the elementa, are in a fair state of pres
ervation. So far as can be learned, there
has been no disappearance reported that
might account for the bodies.
A. G. King Taken East.
SEATTLE, Wash., March 20. (Spe
cial.) A. G. King, of Kent, ex-Deputy
For
Juvenile Apparel now on display in our
handsome, spacious
JUVENILE DEPARTMENT
The most complete stock and most com
fortable shopping place in Portland.
BASEBALLS AND BATS FREE
with all Boys' Suits
i
LADIES' and MISSES' MAN -TAILORED
COATS and DRESSES
1907 MODELS Now ready.
County Clerk of Multnomah County,
whose wife refused to allow a Deputy
United States Marshal to serve a sub
poena on him Friday as a witness in
the Binger Hermann case at Washing
ton, was taken East today by Deputy
United States Marshal Carbtree. Mrs.
King protested against his going, on
the ground that she had no money for
living expenses. The Marshal's office
here solved that problem and King
started East-
Mead Approves Four Bills.
OLYMPIA, Wash., March 20. (Spe
cial.) Governor Mead approved the
following bills:
S. B. 90, amending section 715 of Bel
linger's Code relating to the organiza
tion, classification. Incorporation and
government of municipal corporations.
H. B. 232, relating to the taking of
food fishes.
H. B. 17, relating to the formation
Stunning Easter
You must have your spring
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The Eton is the chic Spring
suit this year, and we have
f-JX J . iff .
I V
Eastertide
Leading Clothier
and management of road districts and
the appointment of road supervisors.
H. B. 349. providing for the annexa
tion to cities of the first-class of un
incorporated territory contiguous
thereto and providing a method there
for. Three Cars Slide Down Hill.
WALLA WALLA, Wash., March 20.
(Special.) Washington & Columbia
River train No. 2, from Dayton, was
partially wrecked between Dixie and
Eastman at 5 o'clock this afternoon.
The baggage car. one box car and a
passenger coach left the rails, turned
over and slid down a steep hill. Apart
from a few bruises none of the 25 pas
sengers received any Injuries.
Boy Fails From Trestle.
ABERDEEN. Wash., March 20. (Spe
cial.) Arthur Anderson, 10 years old, the
son of a well-known resident, fell 40 feet
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