It
THE MORNING OREGONIAN, THURSDAY, OCTOBER 1, 1908.
for the company have been securing ex
tensions of time in which to file a pe
tition for rehearing. In th regular or
der of things the petition would hava
been filed wtthln days after the de
cision, or on June 2. The laet request
was that the time be extended to No
vember 1 but the Supreme Court denied
the request and set, the time for filing
These pears were picked from trees on the property
of this company when two-thirds ripe. They
are less than actual size and the four weigh
more than 5 pounds. These are samples
. of the fertility of the soil in
WILL WIN IN END
there's a life in
come for the man
who owns a lO-acre
tract in the
at October IS.
After the petition haa been filed It
must be considered by the court and
finally pas.ed upon before it will be
known what the final result of the case
Is. When the last request for an ex
tension was made Attorney-General
Crawford objected, for be desire that
the case be ended before the Legislature
meets ao that there will be no room for
John Manning Engaged to
Fight for Recovery of
Property.
question as to the right of the state.
The decision of the court was that the
present owner of the locks holds the
same subject to all the conditions or tne
original grant, one condition being that
LEGAL WARRANT FOR HOPE
the company shall pay to the state 10
per cent of the net pronts or opera'
UMPQUA
tlon. Attorney-General Crawford brought
THUS in Ul
. . i'rpt-ji
ou
Attorney Declares HI Client's Cause
la Just In Equity and Sustained 4
by Law Third Trial of Salt
In Supreme Co art.
That P. A. Marquam will eventually win
Ms lone-contested suit for the recovery of
the Marquam building, is the belief of
John Manning-, formerly District Attorney.
He said last night that he has been em
ployed as MarquaaVe counsel, and is aa
soclated with W. D. Fen ton and E. B.
Watson. He Intimated that other action
additional to the notice of appeal, filed
In the Circuit Court. might be taken In
the ease, but declined to say at this time
what it will be. In answer to the ques
tion whether his employment aa attorney
for Marquam is not significant, and
whether it might lead to sensational de
velopments, he replied. "Well, I know
about all there Is to know about the Title
Guarantee & Trust Company."
This will make the third time that the
Marquam caae has been taken to the
Supreme Court. Suit against the United
States Mortgage A Trust Company, the
Title Guarantee & Trust Company, the
Oregon Company and J. Thorbum Roes
waa begun by Marquam the first time In
ISM. When an attempt was recently made
to reopen the case Judge Cleland decided
that Marquam had no cause for suit. The
appeal la from his decision. Should the
Supreme Court decide that Marquam has
a cause for suit, the case will probably
go to a Circuit' Court Jury.
In an interview with an Oregonlan re
porter, Mr. Manning said yesterday:
6a ye Marquam liaa Been Wronged.
"It la tru that I have been re
tained by Judge Marquam to as
sist In regaining his property, and
I am going to do my level best to
accomplish that end. 1 have been quite
familiar with thla rase from the begin
ning and ha,ve shared in the almost uni
versal belief of the members of my pro
fession, not only In this city, but through
out the state, that Judge Marquam has
been deeply wronged. And I have re
cently gone over the entire grounds, aa
you can see by these notes., only to find
my opinion confirmed and wonder at the
results so far.
"With aU due respect, t think the late
Judge Seara entertained the rtght view
of thla case and believe that It was
ahared la by his three associates on the
Circuit bench and that unless thla caae
shall prove an exception to the general
rule, the right must finally prevail,'
Judge Marquam will win out yet. This
la not a oase, as I see It, where natural
equity must yield to harsh rules of tech
nical law, as some suppose. Both natural
equity and technical law are on Judge
Marquam 'a aide. If I am not badly mis
taken, aa I think oan be demonstrated
to every man of ordinary Intelligence.
"The decision of the Supreme Court,
reversing that of Judge Seara, turned on
a single point. The vital question. In
view of the 6upreme Court, waa whether
the warranty deed and declarations of
trust constituted a mortgage or trust, in
the sense of the law. The court lava
down the proposition that an absolute
deed to a third party Intended to secure
the payment of the grantors debts. Is a
mortgage, and as the deed in this case
waa so Intended, concludes that it waa
a mortgage and not a trust, and, there
fore, not within the rule of eqult? which
prohibits a trustee from acquiring an
interest in the property placed in his
hands in trust without the owner's con
sent. See Marquam vs. Rosa, 47 Or.
374, 378.
Trust Deed Not Mortgage.
"But the proposition is too broad. It
is not universally true that an absolute
deed of property to secure the payment
of the grantor's debts la only a mortgage,
and the grantee in possession under It,
a mere mortgagee in possession, and not
a trustee. If the deed is given to se
cure the payment of the grantor's debts,
by himself, snd that is all there la of It,
it Is certainly a mortgage, and not a
trust, aa every lawyer will concede. But
If the deed la riven to secure the pay
ment of the grantor's debts by the
grantee, out of the property, or Its In
come, or by any use therefrom. It is not
a mortgage, but a trust, aa every lawyer
knows. Ttje test is whether the deed is
given to secure the performance of the
grantor s personal obligation to pay hia
debts by himself, or to secure tlielr pay
ment by the grantee hy means of the
property Included In the deed. In the
first case It Is a mortgage and In the
second a trust deed. Tiiis distinction Is
established by every decision on the sub
ject and In none more clearly than by
that In the rase of Lndd vs. Johnson. 32
Or. 19&. rendered by Mr. Justice Bean.
"Judge Marquam's rase belongs to the
last elasa. The warranty deed and decla
rations of trust show that his debts were
to be paid by the Title Guarantee A Trust
Company, out of the Income and if neces
sary out of the 'properties and the pro
cede whlrh may arise therefrom, etther
from rents. Issues and profits or from
sales.' as recited In the supplementary
declarations and agreement of trust of
November IT. 1S9S. which converts such
"proceeds' into a trust fund" and the
property into 'trust properties' for the
payment of these debta.
Judge Bellinger' Opinion.
"The pleadings ss well as evidence show
that Judge Marquam had no means left
to pay anything on these debts was not
expected to pay anything, and never
asked to do so. He was 'all In' so far
as financial means or credit were con
cerned. The late Judge Bellinger directly
decided that this deed and declarations of
trust. In this Instance, constituted a trust
and not a mortgage, in Title Guarantee A
Trust Company vs. Northern Counties
Trust. 73 Fed. Rep. 931, and the Supreme
Court cited this decision with approval
in the rasa of I.dd va. Johnson. 33 Or.
1M. which waa almost an Identical case.
"But I think I have said enough to ex
plain my position. Judge Marquam has
clearly the right to present these questions
to the Supreme Court a pain In his present
suit and I cannot help feeling hopeful
of the result"
PLAYING HARD FOR DELAY
Portland General Dislikes to Give
fp Prof I is From Locks.
SALEM. Or.. Tt- . (Special .) The
Portland General Electric Company,
which owns the lock at Oregon City. Is
evidently playing hard tor delay in the
suit brought by the state aitalnst the
company to determine the rixht of the
state to a share of the p rents of the
locks. The case was decided by the Su
preme Court last May against the com
pany. Ever sine then the attorneys
suit for an accounting aa to these profits.
Supreme Court Cases Set,
SALEM. Or., Sept. 80. (Special.) Clerk
T r Unrftlnnif nf lhA ftunrnmn Court-
has set casea for trial in that court aa
follows:
October IS, 2 P. M.. Clark vs. Boosey.
October 14. 10 A. M.. Davis vs. Cham
berlain; I P. M., Webb vs. Helnta.
October 15, 10 A. M-, Coffey vs. Smith,
three cases; t P. M.. Coqullla Milling as
Manufacturing Company vs. Johnson.
NEED FUNDS FOH CAMPAIGN
DEMOCRATS SLOW IS OPEXIXG
PURSES FOR BRYAS.
Chairman Thomas, However, Says
He Is Pleased Because Some Re
publicans Are Subscribing.
Raising money for the Multnomah
County Democracy Is not the easiest task
on earth, according to Chairman George
H. Thomas. Whether the Multnomah
County Democrats are broke or Just a lit
tle bit skittish about delivering their
money. Mr. Thomas Is not prepared to
say. Nevertheless, he eays he is quite
happy over the results shown so far, be
cause most of the dollars that are finding
their way Into the treasury are from Re
publican votera.
"If we had $1500." said Mr. Thomas
yesterday, "we could' carry the county
like breaking sticks. I am not discour
aged, even If the largest subscrlpuons
thus far nave been only 126. and there
have been only a few of these. We are
picking up a dollar here and a dollar
there, and 1 would only be too glad to
print the names of those who subscribed,
but a great many of them are Repub
licans and refuse to make public their
donations or be known other than aa
'cash.' "
Mr. Thomas takes the subscription of
Republican money as a hopeful sign, in
fact he is so Joyful over the fact that
when one of the wealthiest Democrats, a
man who Is credited with having "all
kinds of money," donated only i2b and re
fused to have his name inscribed along
side of the donation. A wit around Dem
ocratic headquarters said the man had
two reasons for not wanting his name
mentioned. One was that he waa too
modest and the other that he did not
want his brethren to know Just how lit
tle he gave.
It was announced yesterday at head
quarters that John H. Stevenson, ex
Deputy District Attorney and formerly a
newspaper man. would stump Eastern
Oregon for Bryan. Mr. Stevenson will
go into the sage brush country and be
one of the Bryan spellbinders.
WANT PAY FOR CAMP
Washington X. G. May Sue to ob
tain Pay Said to Be Due.
SEATTLE, Sept. 30. Unless the state
pays the members of the National Guard,
of Washington, officers and enlisted men,
what la due them for the last encampment
at American Lake, mandamus proceedings
will be brought by Corporal Reevea Ayl
more, attorney for Company B, Third Ar
tillery, against General Otla Hamilton and
the courts will be asked to order a thor
ough investigation of the moneys set apart
for the state military fund. .
Under the laws of the state the enlisted
men are entitled to 31.50 per diem during
the camp, corporals 11.75, sergeants 32,
and enlisted officers pay according to
length of service.
TOM REYNOLDS TRANSFERRED
Comes to Portland After Long
Wells Fargo Service.
Saltm Statesman.
After being a resident of this city
off and pa since 1857, and for the last
18 yean 'agent for the Wells Fargo
Express Company in the local offices,
"Uncle" Tom Reynolds has received a
transfer to the Portland office and it
is said there goes with It a well-deserved
Increase in salary.
Mr. Reynolds Is one of the most well
known citizens of Salem. In 1857 he
arrived in Salem after serving a year
as Army messenger at The Dalles. He
Immediately took a position with the
Statesman. At that time A. Bush was
editor. It was here he learned the
printing trade, temporarily deserting It
for another year in the Army in lSbi.
After leaving the Army he spent sev
eral months on The Oregonlan, work
ing as a printer, but was appointed
Deputy Sheriff under J. J. Murphy In
186$ and returned to Salem.
He was attracted to the express busi
ness after serving efficiently as a
peace officer, and determined to grow
up with the rorporation, ao he started
working as express driver in Portland;
was later transferred as a messenger
on the West Side road and then to the
Southern Pacific through thla city. For
over ten years he retained that posi
tion and then was given the agency
of the local offices.
Not only ts Mr. Reynolds widely
known throughout Oregon, but he haa
a reputation among railroad men
which is far reaching. O. J. Gould will
take up the duties so long rarried on
by Mr. Reynolds. The latter will be
under General Agent H. Beckwith in
Portland.
1
Excavating Proves Fatal.
SSATTLE. &pt. 30. John Orsinl. an
Italian laborer. 50 years old. and his son,
Dominica, ti years old. were caught un
der ten tons of earth in a collapsing ex
cavation wall at Third and Madison
thia morning and the old man died on
the way to a hospital. The son escaped
with severe bruises. This Is the eighth
death of a similar rharacter In the
city during the past six months.
MADISON BRIDGE IS SHAKY
No More Cars With Trailers to Be
Run Over Structure.
Beginning this morning no more cars
wlta trailers will be run across the Madison-street
bridge. An order to this ef-
MMmK !a j
!$pN --mem
LEI
WHAT IT MEANS TO YOU
The purchase of 10 acres of this land now, before the price goes
soaring, at our low price of $150 per acre, easy terms, means a life
income of from $4000 to $5000 a year to you when the trees we will
set out this Fall come into bearing. Buy and pay for your tract now
and live in luxury the balance of your days. It means home, fortune
and independence for you. NOT A SINGLE ACRE OF THIS LAND
WILL BE OBTAINABLE FOR $150 per acre after this week.
w.
COUPON
C Harding Land Co.,
80 Fourth St.
Please tell me all about
your ROSEBURO HOME OR
CHARD TRACTS and Inform
me how I can Join your party
of 10 people,' leaving Satur
day, AT NO EXPENSE
TO ME.
Name.
Address
The Roseburg Home Or
chard Tracts are located
in the Umpqna Valley, the
richest, earliest and most
productive valley in the
State of Oregon. The
scenic environment is
magnificent and the cli
mate is unexcelled any
where. Rainfall only 35
inches per year and irri
gation unknown. Kruit
raised here commands a
premium in every market.
Fruits are not only two
weeks earlier, but the ap
ples and pears develop a
higher color and possess a
more delicious flavor than
in any other section of the
Northwest. Soil is a sandy
loam, and is all river "bot
tom land. Drainage per
fect. Pure water and an
abundance for domestic
use.- Less wind than any
part of the world. Tropi
cal fruits of every kind
save citrus. Originally
known as Garden Valley..
HOW WE DO IT
TVe offer this land at $150 per acre, upon the easiest kind of terms.
We will set it all out to trees this Fall at actual cost. We will attend
to the development of the orchard, if you wish, for three years.
Meanwhile, ... will set out such vegetables as will net the largest
pronts between the trees. This will be at our expense. We will
cultivate the soil, plant and harvest the product, sell it for you and
turn over one-half the net pronts to you. WE WILL TAKE 10
PEOPLE DOWN TO THE PROPERTY SATURDAY. Will you got
W. C. HARDING LAND COMPANY, INC.
Board of Trade Building-Ground Floor main -
80 Fourth Street
feet was Issued yesterday by the County
Commissioners. .
"We are afraid the old bridge will not
stand such heavy traffic aa has been
going over It all Summer," said Judge
Webster last night, "and for that reason
have felt that the order was necessary."
The Estacada cars, which on Sundays
sometimes run In fouj-car trains, will
be the most seriously affected. The or
der will also affect the heavily-loaded
Mount Scott trains and those of the
Oregon City line. As the Oaks has now-
closed for the season, the cars on that
line will not be affected.
Disappears, but Is Ftound.
ALBANY. Or., Sept. 30. (Special.)
Leaving; a note stating- that she would
never return and that it would be use
less to search for her, Mrs. W. T. An
derson disappeared from her home In
East Albany early this morning. Her
absence occasioned considerable alarm
until she was found about 10:30 o ciocK
four miles north of Albany, having
walked that distance. Mrs. Anderson
left a six-months old baby and other
small children at the house. Her mind
seems to be in a normal condition but
she will give no reason for her action.
Butte. Mont. What apparently was the
tall of a comet, very distant, was witnessed
In the heavens of this city from about
o'clock until 10:30 Wednesday, when clouds
obscured further observation. The streak
showed no vibrations. The phenomenon
waa al ao obaerveq in aaissouia.
t. . SSl-,- " . I
I I
-til rja; .iu , . ' :C5& i - xi it
:; . j r .a.:;.. - .r'SSS" $r. r ft
:; i iTi'jyz' I w K Ul Mv ' 4 a
I :i-r. ; -J -I i' i . I u ' iir I
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I L ,t , .i V ii Mi ft' i.n i i i1jS-. . i,, h.iv.awwaaj i
OREGON VETERANS Vf MATT! LA CELEBRATE ANNIVERSARY OF RRTVAL OF THE SECOND OHEGOW
REGIMENT IN PHILIPPINES.
The above photograph wa. received yesterday by Colonel Charles E. MeDonell. Under the Picture the
following Is printed: "test we forget.' Those of ua who are left celebratins; at Manila. PI, on June SO
Vrrfvil of Second Oregon I'nited States Volunteer Infantry, at Cavite, P. I, on June 30 1908 the arrival
of theSecond Oregon United States Volunteer Infantry, at Cavite, P. L. onJune 30. 1898. The six mus
keteers lTyears after landing are (readme from left to right) : Top row-Captain J. Frank Case, Chief
Engineer Sewer and Water Works Construction oj Manila, P. L: First Lieutenant George i N Wolfe, Dlree
Vor of insular Prisons, Manila, P. I.; First Ueutenant Albert J- Braree, manager of the Philippine Planta
fon X Commercial Co, at Mas hate. P. I. Lower row-captain H. L. Heath
Pine Plantation Commercial Co, and agent for the Tubbs Cordage Co, of San Francisca and the Portland
Cordage Co.. of Portland. Or, and Seattle. Wash.; Major Philip G. Eastwick, manager International Bank
ing Corporation, at Manila. P. I.; Captain Elmer O. Worrlck. owner and manager of the Morene Hemp Es
tate Co, of Dalt. Province of Ambos Camarises. P. L
SAYS IT MUST MAKE GOOD
PRESIDENT CAMPBELL TELLS
OF UNIVERSITY'S DUTY.
Outlines Expenditure of Recently
Acquired Appropriation Before
Large Assembly.
UNIVERSITY OF OREGON. Eugene,
Or, Sept. 30. (Special.) President Camp
bell addressed the students this morn
ing in Villard Hall at the regular as
sembly hour. He outlined briefly the
disbursement of the recently secured ap
propriation. Forty-six acres of land were
purchased this Summer to provide for
the expansion of the University. The
library, "the heart of the institution,"
as President Campbell called It, came in
for a good share of the money. He men
tioned the large Increase In the working
force, the growth of the correspondence
department, the changes In the faculty,
the new buildings, and dwelt at length
on the marvelous growth in the regis
tration, which at present is close to the
609 mark, or about 100 more than this
time last year.
"The necessity of making good our
promises is a very serious responsibility."
said President Campbell. "The state
gave us the appropriation and "making
good' should be the keynote of the
year's work."
He emphasized the need of well-trained
men in all activities and especially point
ed out the seriousness of the first year's
college work and the need of a capacity
for sustained effort and regularity In
habits.
Miss Morgan, of the music department,
rendered a piano solo. The attendance
was probably the largest at any opening
assembly in the history of the institu
tion. The first regular meeting of the
student body occurs next Wednesday.
Technical Point to Be Decided.
Upon the question of whether or not
the Presidential election Is a general
election hangs the placing of the
Mount Scott annexation question on
the ballot at the election next month.
Judge Gantenbeln. of the Circuit Court.
Issued an alternative writ of man
damus yesterday directing- County
Clerk Fields to place the question on
the ballot, or show cause Friday morn
ing why he should not. Deputy Dis
trict Attorney Thad W. Vreeland will
represent Mr.- Fields when he appeara
In court Friday. O. N. Ford filed the
petition for the writ. Charles Stout
and George F. Martin will represent
him.
September Work of Juvenile Court.
During September 27 children were
taken before the Juvenile Court. 20
being boys and seven girls. Three
were taken before Judge Gantenbeln
for burglary, four for larceny, one for
smoking cigarettes and two for vag
rancy. . Five were incorrigible and one
was guilty of destroying property. It
was found necessary to send two to the
Oregon State Reform School, two to the
Boys' and Girls' Aid Society and three
to the Frazer Detention Home. One
was remanded to the Circuit Court and
13 were placed on probation. Warning
was given to three, their cases being
dismissed and three other cases were
dismissed for want of evidence. The
ages of the children ware as follows:
Ten years and under, ; 11 to 13 years,
4; 14 to 15 years, 6; 18 years, S; 17
vears. 3. The nine children who are
classed as dependent were brought ln-
to court because of family troubles.
carelessness and Indolence. Letters ofi
warning were sent during the month
to 22, and 17 cases were Investigated!
but not brought Into court.
GRANGE FAIR A SUCCESS-
Admission Included Dinner and'
Yankton Was Very Busy.
ST. HELENS, Or., Sept. 30 (Special.)
The fair held at Yankton, four mllesl
from St. Helens, today, was the first ex
hibit of agricultural products and stock
In the history of Columbia County. It
was manaeed end financed by the local
grange of the Patrons of Husbandry and
was a revnarkahle success in every par-;
ticular. The exhibits in every line were
excellent and the display of the horti
cultural products was worthy of especial
commendation.
A novel feature of the fair was that:
the admission price Included dinner, and
the resources of the community were
taxed to feed the throng of nearly 400
who gathered at the tables. All pre
miums were paid in full as soon as the
awards were made. In addition to the
hall display, there was a fine showing
of stock and poultry. The success
of the venture will probably lead to
the organization of a fair association to)
conduct an annual county fair at soma
convenient point.
BLACK DRESS GOODS.
Black dress goods and silks on sale to-'
day at wholesale prices. The most com-
plete stock of high-grade fabrics in the
city. McAllcn & McDonnell, Third and
Morrison.
Owls. Again In Difficulties. .
DEiA 1 A A-XV, crcasi.. wv.- . "
former srand secretary of the Grandl
Nest or owis, tnis morning orouRnt buh
i i a .Aeit rvturt ncnlnut t hat or
ganization for J1466.69, alleged to be due
for services. Members of the Owls say
this action aX law i me tuiummuun
of the aeries of financial troubles wliich
i v.-4- (ha iT-rlAr linfji itn- fnrerttion
IlUVrj Utcv u mo v " - -j
and that It may sound the death knell of
the brotherhood.
NEED A NEW SUIT?
Want it Tailor Made?
For less than ready-made?
Bead this afternoon's papers.
COLUMBIA WOOLEN MILLS CO.