i
rnTJRSDAY, DECEMBER 31, 1908.
- TnE MORXIXG OREGOMAIJ. '
ITALIAN COLONY
WEEPS Hi GIVES
Hastens to Collect Funds in
America for Suffering
Compatriots. -
RED CROSS TAKES CHARGE
.American and Italian Societies to
Co-operate Vat Number of
Italian Immigrants Are
From Stricken District.
NBT5V TORK. Dc. 30. Th new of th
earthquake in Southern Italy, with ita
appalling loss of life, received in the
everal Italian colonies in this city -with
ery evidence of keen "dlstresa. Of the
half million or more Italians here, fully
100,000 are from the stricken districts.
Thousands upon thousands have families',
relatives and friends in Calabria and
Sicily.
Many hastened to the office of the Ital
ian consul general or the various Ital
ian newspapers to have their worst fears
confirmed. New York City has two ex
tensive quarters given over to Italians
almost exclusively, besides many smaller
ones. The consul general after a con
ference with leadns Italians issued a call
for subscriptions.
Plans for Giving Aid.
The Italian Chamber of Commerce met
to-dav under the chairmanship . of its
president. Luiarl Solari. to consider plans
for raisins; money for the sufferers.
President Solari. in an address, said
that of the .OO.0O of the imports re
ceived here from Italy. J10.0uJ.0iO came
from the earthquake district. The dis
aster would be a hard blow to trade.
S:gnor Solari also said there was con
siderable immigration from Calabria and
Sicily In lfco. following the earthquake of
thai year. He said he expected another
exodus of the frightened people now. but
on a much larger scale.
Two Italian newspapers, the Bulletlno
rella Sera and the Trogresso. each
headed a subscription list started in
their columns by subscribing $500. Two
other Italian newspaper. L'Usaldo and
Telegrafo. advised their readers to send
contributions direct to the Red Cross,
explaining that the money would reach
its destination much quicker in that
way.
All of the Italian newspapers Issued
extra editions today, giving transla
tions of the cable dispatches brought to
this country to describe the horror.
Red Cross Offers Help.
The American National Red Cross, of
which President-elect Taft is the head,
has offered its services in co-operating
with the Italian Red Cross. The New
Tork state branch has today Issued a
call for Mid.
Mayor Desplanches, the Italian Am
bassador to the United States, is ex
pected to reach this city late tonight
from Montreal.
Though the regular Mediterranean
tourist season baa not yet started,
there doubtless were hundreds of
Americans in Calabria and Sicily, and
there are grave fears for their safety.
Captain Charles C. Fenger. formerly In
the Federal service here, and his wife
have been traveling in Italy, and ten
days ago word was received from them
that they were about to leave Rome
for Kegglo.
CALLS It ED CROSS TO GIVE AID
American Society W'il Collect Funds
in Every City.
WASHINGTON. Dec SO. The Amer
ican National Red Cross today sent out
telegraphic requests to all of Its
branches for relief funds to be ap
plied to the sufterers from the earth
quake in Southern Italy.
Remittances may be madfl either
"through the branches of the society or
directly to the American Red Cross,
"Washington. D. C.
There are no American naval vessels
In the vicinity of Southern Italy. The
fricorpion. a converted yacht, which is
at Constantinople. Is nearer the scene
of the disaster than any other Ameri
can naval vessel.
Roosevelt Expresses Sorrow.
President Roosevelt today sent the
following cable message to the King
of Italy:
With all my countrymen. I am appalled by
the dreadful calamity which has befallen
your country. I offer my slncerest sym
pathy. American National Red Crosa has
Issued appeals for contributions for suf
ferers and notified mtj that they will Im
mediately communicate with the Italian Red
Cross
lOC.L 'RELIEF IS STARTED
Italian BnMness Men of Portland
. Will Aid Fellow-Countrymen.
A number of prominent Italian business
men. realizing that the stricken people
of Sicily will be in sore need of financial
assistance, and that very promptly, met
Monday night for the purpose of raising
a relief fund. The meeting was enthusias
tic, and In a very few minutes over JltiOO
was pledged, and those who have the
work of raising the funds fully expect
that they will be able to send several
thousand dollars before many days.
The Italian business men and residents
of Portland were among the first to re
spond to the call for help when San
Franoisco was stricken by the earth
quake, and they feel sure that not only
the people of Portland, but tlfbse of the
state will respond to their call for aid
for those who were made homeless and
destttute In their far-off home country.
It is the plan of those who have the
work in hand of soliciting the money
for this purpose, to send the first money
off "at once. At the meeting Colonel
David M. Dunne. Collecter of Internal
Revenue, was named as treasurer, and it
Is the special wish that all those who
wish to contribute to the fund, send their
cash or checks to Colonel Dunne, to
Arata Bros., or to others named on
the committee, together with their
names. ' Just as soon as the money la
collected. Colonel Dunne will forward
the money to the Italian Minister of Fi
nance at Rome.
We are especially anxious." 6ald Mr.
Arata and Mr. Cordano last night, "to
send the first Installment to the Minister
of Finance at once, for it will be badly
needed. The section of the country visit
ed by the earthquake contains many poor
people, but like the sufferers of the San
Francisco disaster, the rich and poor are
suffering alike. The raising of this fund
for the unfortunate people of Sicily, we
hope, will be state wide. The appeal for
help is not only sent to Italians, but to
every person throughout the state that
can afford to contribute, no matter how
large or small the amount.'1
The local well-known Italian business
men, who will solicit funds for the suf
ferers, are Arata - Bros., John Cordano,
A. B. ' Ferrera, Sig. ChlararaontL Ca6iato
& Ragnlone, Charles Drogatls. Nat Cos
tano. G. B. Barbagielata. G. B. Boitano.
G. Samenza, Pennl & Garbarlno, Ferettl
Bros., Cherreghlno & Co., P. Lorati and
Nolli Co.
BURNS RECOVERS NERVE
Charges Police With Favoritism and
Offers to Fight Again.
LONDON. Dec. 30. Tommy Burns, who
was defeated at Sydney by Jack John
son for the heavyweight championship,
has cabled a London sporting paper as
follows:
"Johnson's seconds influenced the po
lice into stopping the contest. I was
Btrofig and always had a chance, as
Johnson waa tiring. I am willing to
fight Johnson again and can beat him."
CHALLENGES FOR JOHXSOX
FlUMmmoiis and Jack (Twin) Sul
livan Offer to Fight.
SYDNEY N. S.. Dec. . Bob
Fitxsimmons, ex-heavywelght champion,
and Jack (Twin) Sullivan have issued
challenges to Jack Johnson, the con
queror of Tommy Bums, for a fight for
the heavyweight title.
DONNELLY WEBS If) EAST
ROMANCE WAS CAUSE OF SEAT
TLE DIVORCE.
Tacoma Capitalist Takes Charlotte
Mllban for His Wife in
Long Island City.
NEW YORK. Dec. 30. Just why
C. Donnelly and Charlotte Milhan crossed
from the Pacific to the Atlantic coast to
wed wa not explained when the couple
presented themselves before Magistrate
Matthew J. Smith. In Long Island City
court yesterday. The bridegroom said he
lived in Tacoma, Wash.: the bride xave
her address as Seattle. Wash. They pre
sented a marriage license and asked to
have the knot tied without delay. Miss
Mira M. Fish, one of the probationary of
ficers, and Captain Petir K. Maguire,
complaint clerk, were witnesses.
Three weeks ago the same couple asked
Clerk Zimmerman for a marriage license.
According to 'he Clerk, Donnelly said
that It was his first marriage. His com
panion said she nad obtained a divorce
from her first husband, of Seattle. When
Informed tnat they would have to show
the divorce papers before obtaining a
Mcense, the, couple left.
They appeared again and presented the
necessary legal papers, which had been
forwarded from Seattle.
STOLE HIS WIFE IS CHARGE
Donnelly Was Sued by Former Hus
band of Woman He Weds.
TACOMA. Wash., Dec. 30. (Special.)
John C. Donnelly Is a former propri
etor of the Hotel Donnelly, and now a
large stockholder in the company oper
ating the hotel. He made a good deal
of money In real estate the last live
years, and owns several big buildings.
He was sued by the husband of Miss
Milban for alienating her affections,
and is supposed to have made a cash
settlement before the divorce.
POSSE GOES - IN PURSUIT
Seeks Brute Who Assailed Crippled
Child at Tenino.
CENTRAXJA, v7ash., Dec. 30. (Spe
cial.) Had the armed posse which
searched the woods last night about
Tenino found the assailant of Marie Hall,
a 7-year-old cripple girl, there would in
all likelihood have been a lynching. The
attack on the child was made within 30
yards of her home while she was re
turning from a neighbor's early in the
evening.
Her assailant escaped In the darkness.
The little girl described him as wearing
a slicker hat and coat. A man thus
dressed was arrested last night in
Chehalis and later released. No clew to
the assailant has been found. The child
la seriously injured.
HONOR RIZAL'S . MEMORY
Filipinos Celebrate Anniversary of
Patriot's Execution.
MANILA, Dec. 30. Rlxal day was im
pressively observed today in Manila In
honor of the memory of Dr. Jose Rlzal,
famous as the leader'of the Filipino in
dependence movement during the latter
years of the Spanish regime and who
was excuted by the Spaniards aa a
traitor bv being shot In the public square
on December 30. 1696.
Fifteen thousand Filipinos, with many
allegorical floats, marched through the
streets of the city and passed In review
before Governor Smith, prominent civil
officials and high military officers. Pa
triotic speeches were made in honor of
the martyrdom of Dr. Rlxal and bands
frequently rendered Aguinaldo's "Insur
recto," the natives each time doffing
their hats.
DISASTER IN COAL MINE
Four Men Dead, 25 Entombed In
Pocahontas District.
B LI" E FIELD. W. Va.. Dec. SO. Four
men are known to be dead and probably
5 more wero entombed as the result of
an explosion which occurred In the Lick
branch colliery, owned by the Pocahontas
Coal Company, the largest coal mining
concern in Southwestern Virginia yester
day afternoon. It Is not known exactly how
many men were in the mine at the time.
The men leave the mine after what Is
known as the "running" and many of
the 52 at work yesterday were not In the
mine when the explosion occurred. At 11
o'clock last night 18 6f the entombed men
had beefi taken out of the colliery alive.
Up to S o'clock last evening rescuing
parties have been unable to get Into the
shaft because of the Ire and smoke.
KILLED AS CLAIM-JUMPER
Nevada Prospector Shot and Lynch
ers on Murderer's Trail.
CHAFEY. Nev.. Dec. 30. Sol Hendra
was shot and killed yesterday while
attempting to-do assessment work on the
old Tullulah mine, two miles west of
this camp. It is said that two pros
pectors named Rooney and Clark, ac
companied by several others, ordered
young Hendra to leave the mine, as they
disputed its title. Hendra did not heed
the command and was shot.
A score of deputy sheriffs are on the
trail of the men and crowds of excited
miners who parade the streets threaten
to lynch the fugitives when caught.
OF
111 STRiGKEN CITY
First Shock Comes at Break
of Day and Spectacle
. Drives Men Mad.
TOWERS CRASH TO EARTH
Refugees From Messina Tell Ghast
ly Talcs of Destruction of Blocks
and of Aftermath of Flood
: and Death. '
CATANIA. Dec. 80 With the shrieks
of the Imprisoned victims crying for aid
as the falling walls crushed them down,
still ringing in his ears, a wounded sol
dier brought here from Messina has tolrt
In graphic words the following story of
the ruin In the stricken city:
. "The spectacle was terrifying beyond
words. Dante's Inferno gives you but a
faint Idea as to what happened yesterday
morning at Messina. The first shock
came before the sun had risen. It shook
the city to its very foundations. Imme
diately the houses began to crumble.
Those of us who were not killed at once
made our way over undulating floors to
the street. The ceilings were crashing
down through the rooms and stairs were
rendered unsafe. I fourid the streets
blocked by falling houses.
"Chimneys, bell towers, entire walls
have been thrown down. From every side
of me arose the screams and moanings of
the wounded. , The people were half mad
with excitement and fear. Most of them
had rushed out in their night clothes. In
a little while all were shivering under a
torrential downpour of rain. Everywhere
there were dead bodies, nude, disfigured
and mutilated. In the ruins I could see
arms and legs moving helplessly. From
every quarter came piteous appeals for
aid.
Tidal Ware AVhelms City.
"The portion of the town down near the
water was inundate by the tidal wave.
The water reached to the shoulders of
the fugitives and swept them away.
"The City Hall, the cathedral and the
barracks crumbled, and churches, other
public buildings and dwellings were liter
ally raxed. There were 200 customs agents
at the barracks; only 41 of them were
saved. At the railroad station only eight
out of 2S0 employes have been accounted
for."
Refugees are pouring In by trains,
steamers and automobiles. They are half
naked and stupefied with terror. Some
of them appear almost Insane from the
horrors through which they have gone.
In the beginning they could only babble:
"Messina Is devastated; the city has
been annihilated."
Little by little some Idea of the inde
scribable horror at Messina was obtained
from these unfortunates. They declare
that thousands' of demented survivors
are stilt wandering about the ruins of
the city.
A woman who escaped unhurt told of
her ' experience In the following lan
guage: "We were all sleeping In my house
when we were awakened by an awful
trembling which threw us out of our
beds. I thought that It was an earth
quake and called to the others to save
themselves, while I pushed a few clothes
Into a valise. The shocks continued,
seeming to grow stronger. The walls
cracked and my bureau slit in two and
then crashed to the floor, nearly crush
Ing me. My hands trembled so that I
could scarcely open the doors.
"To Increase the terror, a rain storm
accompanied by hail swept through the
broken windows. Finally, with my
brother and sister, I succeeded in
gaining the street, but soon lost them
in the mad race of terror-stricken peo
ple who surged onward uttering cries
of pain.
"During this terrible flight balconies,
chimneys and tiles showeerd down on
us frequently. I rushed toward the
waterfront, but there found the grand
promenade transformed into a muddy,
miry lake In which I slipped and often
fell. I learned afterward that I was
rescued senseless by a soldier and car
ried to a train."
The previous reports from the prov
inces that a number of villages were
ravaged have been confirmed. Seven
teen persons are dead at Riposto. The
town of Semlnara. in Calabria, Is said
to have been destroyed with the loss
of a hundred lives.
DUNBAR DECISION GIVEN
Text of Opinion Rendered by State
Suprehie Court.
SALEM. Or., Dec. 30. The full text
of the decision rendered by the Su
preme Court in the Dunbar case .fol
lows: '
This is a suit originally commenoed by
J. K. Sears, a taxpayer, on behalf of the
state, alleging- that between January 14.
JS9S. and January 14. 1907, defendant, as
Secretary of State, had received for the use
and benefit of the state a large amount of
money as fees for tiling various papers. Is
suing commissions and licenses, recording
documents and copying public records, which
money he had converted to his own use.
and asks that an accounting be taken of
the sums of money so received and for a
decree requiring defendant to pay such
sums to the state.
A demurrer to the complaint was sus
tained by the court for the reason that
Sears has not capacity to maintain the suit;
and thereupon, by amended complaint, the
state, at the relation of J. H. Mc.Vary. Dis
trict Attorney for tho Third Judicial Dis
trict, was substituted as plaintiff therein.
The answer of the defendant admits that he
was Secretary of State as alk-ged and that
the relator. J. H. McXary. Is District At
torney for the Third Judicial' District, as
alleged, but denies all other allegations of
the complaint.
t'pon the trial the lower court found that
defendant, as such Secretary of State, re
ceived the following sums:
For filing articles of incorpora
tion. . 144.50
For Issuing notarial commissions.. 17.1v00
For peeomlng trademarks 1,1'SS.CO
For copying laws and journals... 11,684.75
For Issuing appointments of com
missions of deeds 148.00
For issuing other commissions. . 814.00
For agents' certltlcates to fire in
surance companies 35,660.00
For Issuing licenses to life In
surance agents 3,759.00
For Issuing annual licenses to life
Insurance companies 21,488.18
For Issuing requisitions and war- -
rants of arrest 912.00
For registering titles in insurance
matters 380.00
For Issuing powers of attorney... 970.00
For Issuing certificates of author
ity to Insurance companies. . . . 105.00
For filing statements of mutual
fire insurance associations 290.00
Total $103,9:s.41
Judgment was rendered for the above
total in favor of the state, from .which
the defendant appeals.
Case Decided on Merits.
J. Eakln At the trial, the defendant, by
motion and demurrer, questioned the power
of the court to permit by an amended com
plaint a substitution of the state aa plain
tiff In place of Sears, and also the power
of a District Attorney of his own motion
to Institute a proceeding on behalf of the
state to recover a debt due to It. Th-e trial
court dented the motion and overruled the
demurrer, and th. defendant presses these
contentions here; but we find it unnecssary
1
unnnnn
nunnun
to consider them, as the case is disposed
U Ml ills lavor v. ii in. iii......
The foundation of plaintiff's right or re
covery, as disclosed by the complaint. Is
that these sums of money were collected
bv the Secretary! of State for the use and
benefit of the state, the contention of plain
tiff being that the constitution prescribes
a salarv for the Secretary of State and
fixes that as his whole compensation, and
that therefore, the statute which allows
to him certain fees and perquisites for work
done la unconstitutional and void. Article
13 of the constitution provides, among other
things. that ". . The Secretary of
State shall receive an annual salary of
$1500 . . (and) shall receive no fees
or perquisites whatever for the performance
of any duties . .".
It Is conceded that the fees received for
filing articles of incorporation, issuing com
missions to notaries, appointments of com
missioners of deeds, miscellaneous commis
sions, and requisitions and warrants of ar
rest were authorised by and all collected
under. Sec. 29i!3. B. A C. Como.. which is
Sec 11 of an act of the Legislative Assem
bly, entitled -An act to prescribe the fees
of certain officers and persons, passed Oc
tober 24, 1S64 tsvje Deady's Code. 1864. -p.
73-) Sec 1 of which provides. 'The follow
ing fees shall be allowed to the officers and
persons hereinafter named for tha services
herein specified. " Section 11 B & C. Comp.
Sec. 2923) provides:
"The fees of tlw Secretary of State shall
he as ftillows: For certifying and affixing
the seal of the state to any document or
paper. $2; for making copies of any record
or file each folio. 1 o?nts: for filing articles
of Incorporation. $2.50; for recording any
paper or document by law required to be re
corded by him. for each folio, 25 cents.
Fees Not State's Income.
Also the fees received by him aa Insurance
commissioner were exacted under a Leg
islative act entitled. "An act to license and
regulate Insurance business In the State
of Oregon." adopted February 25. 1887,
which, with amendments and additions
thereto, constitute sections .iuo-o.uo. ...
elusive. B. & C. Comp. Section 1 of the act
provides that "The Secretary of State shall
be ex-offldo Insurance commissioner of tins
state, and shall receive for his services as
such commissioner the compensation here
inafter provided therefor. .,v
The fees received for filing trade-marts
were exacted under B. C. Comp. Sec. 4615,
which provides: "A fee of 23.50 shall be paid
to the Secretary of State by the owner of
said trademark as pay for recording.
Assuming, without deciding, that the com
pensation provided for In these statutes is
fees and perquisites and within tha Inhi
bition of the constitution, then the Legis
lative acts authorizing them are clearly
void, to that extent, and cannot be con
strued aa authorizing the collection of them
for the use and benefit of the state. Xo
such intention on the part of the Legisla
ture is apparent: the right to exact such
few for the benefit of the Stat, or its title
Jo the monev so collected, must be estab
lished y Legislative authority. If the fees
cannot be exacted for the purpose prescribed
in the. statute then they can nor be .exacted
at al and if collected without authority
may be recovered by the person for whom
exacted if h Is not otherwise barred.
Mechem's Pub. Off. Sec. 284. and cases cited.
Right to Fee Depends on legislation.
In cases in which the manner of com
pensating officers ha. been changed from
tecs to a salary. It has been held that the
collection for -the use and benefit X the
state under legislative authority of the
fees theretofore provided as compensation
io the officer is not objectionable as being
i. special tax. but that It Is competent for
the Legislature, if it sees proper to exact
from persons especially benefited by the
Performance of an official service a reason
Sole compensation therefor, to be paid into
"he public treasury, to reimburse the pub
lic for the expense Incurred in providing
for. and maintaining such office: Conner
vs the Mavor, 2 Sanford N. T.) 355.
State ex rel. The Attorney-General va. Th.
Judges, 21 Ohio St. 1.
Both of these cases recognize that fees
allowed by law to an officer as compensa
tion for services rendered, are the property
It the officer, but that the Legislature may
compensate the officer by a salary and re
quire him to collect the fees for th. , us.
ind benefit of the public. To the same
effect is 23 Am. 4 Eng. Ency. Law 387. and
cases cited. But the state's right to such
fee, depends upon some legl.lativ. pro
vision exacting the same as compensation
to the state. This Is the provision of the
act of our Legislature Placing county offi
cers upon salaries (Laws 1808 p. 188). and
the act fixing the salary of state officer.
(Laws 1905 p. 133); but the unauthorized
exaction of fees by an officer cannot op
erate to give the state or tha county title
to the money so received. This was ex
pressly decided by thl. court In Howard vs.
Clatsop County, 41 Or. 140. construing sec
tion "U"7 B C. Comp. which was enacted
by tile Legislative Assembly In 1899 and
Provide, that the District Attorneys of the
leverarjudTclal districts shall receive sal
aries is full compensation for their eerv
f Section 20118 lb. provide, that tne,
shall receive no other lee. or compensation
of any kind.
gtute Ru No Right to Fee.
Bv Section 109S, B. & C. Comp., enacted
In I'STS. It is made the duty ,f the County
Clerk to collect from the plaintiff in every
divorce suit the sum of $10, which sum
shaH be paid to the District Attorney as
his fee in such suit. In Howard v. Clat
,' county supra, which Is an action to
recover from the county a f 10 District At
torney fee exacted in a divorce suit and
nald over to the county, the court, in con
struing section. 2827 and 2028. held that
they operate to repeal section 1008. o far
as it authorizes the collection of 110 as a
District Attorney fee In divorce cases, Mr.
Justice -VVolvertoo says:
The 210 fee required to be collected
from a private party under section 10.1
B C Comp. section 1098), being one to
which the District Attorney was entitled,
a. a perquisite for a duty performed by
him the act of 1899 putting him upon a
'ry and expressly denying to him any
further safary. fees. etc.. must be held to
supersede, and thereby to repeat, section
l(iT4 B & C Comp. section 1098) as to
sucn fees In Judicial districts other than
the Fourth, as the two provisions are
utterly inconsistent, one with the other,
and both cannot stand."
. .. , i .i ,,nnn the face nf tha
Ana It was nm .
complaint plaintiff wa. entitled to recover
"UThe"act of 1808 (Law. 1S98 p. 8), which
fixe, a salary for the District Attorney of
the Fourth Judicial District, and which
anoiie. only to Multnomah bounty, pro
vides by section 8 thereof, which is section
3(T0 B i C. Comp.. that the fees now
established by law shall continue to be the
established fees and shall be collected for
the use of Multnomah County. In State,
re" vs Moore. 87 Or. 630, it 1. held In
effect "that the right to the 210 District
Attorney fee. In divorce case, in Multnomah
county by virtue of the above provisions
inured to th. benefit of the county. The
effect of these two decisions Is that th.
Clerk has no authority to exact the fee for
the benefit of the county unless It had been
expressly authorized, and when wrong
fully collected, the county acquired no
right or title to It: but that it was the
nrouerty of the person from whom It had
been exacted. And this principle applies
equally to the statute authorizing the ex
action of fees by the Secretary of State.
If the fees are illegally exacted they are
the property of the person from whom col
lected and the state has no right thereto.
Compensation for Expenses.
The onlv other item of fees sued for re
lates to the compensation allowed to th.
Secretary of State for copying laws and
resolutions for the u.e of th. Stale
Printer The Legislature, at each session,
bv resolution, directed the Secretary of
State to furnish to the State Printer within
SO days after its adjournment true and
correct copies of the law. and resolutions
adopted at that session, and that the com
pensation for making such transcript, should
he as prescribed by law for like services
In other cases. There Is nothing in this
record Indicating that th. amount, al
lowed by the resolution, were not expended
In the preparation of the law. and resolu
tions as required. B. C. Comp.. Me
llon 2390 provides:
"The Secretary of Stat, shall be em
powered to employ and appoint clerks to
aid in the performance of the duties of
his office; provided, that the expenditure
of moneys for the pay of such clerks shall
not exceed the appropriation of the legis
lative assembly therefor, and that such
clerks shall be paid out of the state treas
ury as other officers are paid."
The allowance provided by the resolution
above referred to is not as personal com
pensation to the Secretary of State for
personal services, to be rendered by him.
hut Is to pay the expense of having such
records transcribed. A salary is personal
compensation provided to be paid to the
officer for his own services and does not
prevent an allowance for clerk hire: Th
People V. Adams, 85 111.. App. 283; Bri.co.
v. Clark County. 95 111.. 309.
A similar provision was made by the
last Legislature to meet the expense of
like work by the present Secretary of State,
who is serving under a salary law which
took effect January 1, 1907.
We conclude that the state has no right
or title to the fees and perquisites ex
acted by the defendant under the statute,
herein referred to, nor is the defendant ac
countable to the state therefor in thl.
ult. Therefore, th. decree 1. reversed and
the suit dismissed.
Storm Ties Up Traffic
WINNIPEG, Manitoba, Dec. 30. A
severe snow storm in the Rocky Moun
tains west of Lnggan on the Canadian
Pacific carried away a section of track
and tied up traffic tonight.
EUGENE C. PROTZMAN, Manager.
Protzman
146 FIFTH STREET
Men's Shoes Exclusively
SOLE DISTRIBUTERS FOR PORTLAND OF
UNITED WORKINGMEN'S B. & S. MFG. CO,
CO-Ol'EnATIVK ESTABLISHED 1867
- SOLE) TJISTRIBUTKHS OF THE CELEBRATED OUO SHOES.
THE BEST SHOE MAKERS IN THE UNITED STATES
Portland, Ore., Dec. 5, 08
It is with the greatest pleasure that I am able to announce to
my friends my return to active business life. As is. well known
my brother Frank and I, during our twenty-five years in the shoe
business, were the introducers into this market of the best of
the leading makes of the country. Now as manager of the Protz-man-Campbell
Shoe Co., I am able to say that we Offer to the
Portland people a line of men's footwear, complete in every par
ticular which are for style, fit and workmanship the equal of
any; and as for durability of weaf we will guarantee everv pair
to outwear anything, of like weight of .stock, made in the
United States.
Not only has every pair been made to order expressly for us,
but in addition to that fact, every sole and every upper ha s, been
the selected, choicest cuts from the highest grades of stock. The
'best of the best. Yours,
f PRO T ZMAN-CAMPBELL SHOE CO.,
Eugene C. Protzman, Mgr.
GLUfl-PUYSWIHHER
Arrangement Decided On for
Thanksgiving Games.
COLLEGE GAME EARLIER
Plan Is to Have Victor in Oregon
Agricultural College-University of
Oregon Game Play Multnomah
Here Thanksgiving Day.
The directors of the Multnomah Ama
teur Athletic Club Tuesday night adopted
a resolution which Is expected to solve
the vexing problem of whether Oregon
Agricultural College or the . University
of Oregon shall be the club's opponent
on next Thanksgiving day.
The resolution is In the nature of a
compromise, and provides that the Mult
nomah Club play the winner of the an
nual Oregon Agricultural College-University
of Oregon game on Multnomah Field,
Instead of singling out either institu
tion. ' . -
At the end of the present season the
three-year agreement between the clut
and the University of Oregon ended, and
the Oregon Agricultural College became
an applicant for the Thanksgiving date
with the clubmen. The directors be
lieved they were entitled to considera
tion, but the University of Oregon re
fused positively to alternate with O. A.
C. in their games on that day, and de
manded a oontinuance of the old arrange
ment. According to the decision last night
Oregon and Corvallls will be asked to
play their annual game about three
weeks before Thanksgiving day and the
winning team will be pitted against the
club here on the holiday date, while the
losing club can arrange a game with
the University of Washington.
In club circles this is looked upon as
the best solution of the problem, for the
Multnomah Club desires to continue the
friendly relations now extant. The club
men think such an arrangement cannot
be turned down by either Institution.
unless it Is thought the intercollegiate
game comes too early in the Beason. The
college players, however, commence
training for football early In September,
and the early November date, It Is con
tended, should find them as well fitted
for their annual struggle rs' any other.
President George TV. McMillan, of the
Multnomah Club, stated last night he
believed the new arrangement would be
agreeable to the representatives of the
two colleges and that he hoped each would
vote favorably when the proposition Is
formally submitted to them.
BLIZZARD HITS BRITAIN
TWO DAYS' SXOW STORM STOPS
RAILROAD TRAFFIC.
Trains Snowed Up In Scotland, Peo
ple Frozeu to Death London
Under Snowy Mantle.
LONDON, uec. 30. The whole of the
United Kingdom is in the grip of a bliz
zard of exceptional violence, especially
In Scotland and the North of Ireland.
It has raged for the last 48 hours, ac
companied by a very low temperature
and a driving wind that has completely
disorganized the northern railway service
and caused suspension of all street traf
fic. Many towns are isolated and a number
of accidents and deaths from exposure
have been reported. There also have
been several shipping casualties, but, for
tunately, these were not attended by
serious loss of life.
London Is covered with a mantle of
snow several Inches in depth, while
in Scotland and the North of Wales
snowdrifts have blocked roadways and
railways. The cross-channel passenger
service and the telegraph and telephone
lines in all directions have been suspend
ed. All outdoor labor has ceased.
The Scottish express, bound for Lon
don, is snowed up 18 miles from Aber
deen and -the passengers were forced to
spend the night there on board. The
London express for Aberdeen also has a
similar experience.
REFUGEES REACH PALERMO
All Tell of Frightful Experiences
inEnrthquake Zone.
PALERMO, tJec. 30. The British
steamer Edro came in here this after
- Campbell Shoe
noon from Messina. She had on board
16 wounded, including Alfred J. Og
ston, the British Consul at Messina.
Mrs.'Ogston lost her life, but the Con
sul's daughter waa saved. Mr. Ogston
described the destruction of Messina as
"frightful beyond words and exceed
ing In horror the wildest flights of the
imagination."
One of the trains that came In here
from Messina this afternoon brought
the widow of the Chief of Police of
that city and her son. Both seemed
crazed with grief. They made frantic
but unsuccessful efforts to save the
life of the husband and father and
other children. The clothes of the
widow and her son are literally In
rags.
The reported death of Deputy Nlch
olo Fulcl and his wife has been con
firmed. .
Ludovice Fulci, who is a Deputy, re
fuses to abandon the wreckage of his
brother's home. He is there now work
ing with bleeding hands, and half dead
with fatigue, determined to remain
until he finds the" body of his brother.
FORESEES CHANGE IX COAST
Austrian Scientist Thinks Sea Will
Overwhelm Land.
VIENNA, Dec. 30. Professor Edward
Suess, the celebrated geologist, says he
believes the earthquake in Sicily was not
due to volcanic eruptions, but to the sub
sidence of the earth's crust, and that it
Is likely to be followed, by a volcanic
movement. Should this settling down
of the earth's crust continue, says Pro
fessor Suess, the granite hills of Scylla
and a great portion of the Pelitoritan
Mountain will be submerged by the sea.
THE FIRST REAL MUSTANGS
Bred From Horses Brought Here by
Early Spaniards.
McClure's.
The first horses of the Western plains
were probably brought there by the
Spaniards. In 1545, almost 50 years be
fore Jamestown was settled, Coronado.
the Spanish captain, was roaming about
the plains of New Mexico; and he tells of
the dogs used by the Indians to haul their
plunder on lodge poles, indicating that
they had no horses at that date.
In 1716 the Spanish again worked their
way eastward across the plains, and their
letters tell of the astonishment of the
Indians at seeing the horses they had
with them. The expedition was constant
ly losing horses, and there Is little doubt
that the first droves of Western horses
originated from these strays.
In the early days upon the plains they
were as great a pest to travelers as they
are today. Woe be unto the luckless
camper who allowed a band of wild
horses to get close enough to his gentle
horses, turned out for the night, to sweep
them on. It was almost useless to fol
low, for the call of the wild comes to the
gentlest of horses when he Is thrown with
a band of his kind that have been born
and raised free of all restraint. It Is a
well-known fact that the hardest one to
"cut out," the leader of them all In a
mad race across tha prairie, Is the old,
gentle, well-broken Baildle or work horse,
once he B"-ts a taste of such freedom.
DECISION PLEASES DUNBAR
Ex-Secretary Says He Took Fees
After Knowing It Was Right.
ASTORIA, Or., Dec. 30. (Special.)-Ex-Secretary
of State F. I. Dunbar, whsn
notified today that the Supreme Court
had decided the "fee" case in his lavor,
said: "Of course the decision comes as
a welcome piece of news to me, but I
have always been confident of the result,
as some of the best legal talent in the
state advised me that I was lawfully en
titled to the fees, and I would certainly
never have taken them under any other
consideration.
"The most unpleasant feature of the
whole case was some unnecessary per
sonalities that crept in. These hurt mo
most severely at the time, but, now that
the affair is ended, I shall overlook and
forget them."
PRIZE FIGHT PREVENTED
Principals and Club Manager Ar
rested in Bellingham.
BELLINGHAM, Wash., Dec. 30. Kirk
Fletcher and Eddie Cole, manager of the
Bellingham Athletic Club, and six prize
fighters, charged with conspiracy to bring
about prize fighting, were arrested here
last night oy a Deputy Sheriff just as the
Bellingham Club's smoker was com
mencing. ELMHURST
I r-ra f-K S-W ' V f Lit J r J
Company
HOSPITABLE
HILARITY
Entertain your friends at
Seaside New Year's Eve. Tha
last A. & C. R. R. R. train of
the year leaves Union Depot
6 P. M., Dec. 31st, and runs
through to Clatsop Beach.
SPECIAL
NEW YEAR'S
DINNER
AT ,
M00RE HOTEL
Tickets and Parlor Car
Reservations
At 122 Third St., and at Third
and Morrison Streets.
Strength
after illness can be built up
rapidly with LIEBIG Com
pany's Extract of Beef. .
It gives tone, energy and vi
tality. The most concentrated form
of beef goodness, every parti
cle of food value.
Buy
LilBIG
Company's Extract oi Bed
Genuine has
blue signature
of J. v. J-iebie :
If yon cannot obtain It from your proeer or
drueirlpt. Bnd us his name and 60a and we will
nond vou a two-ounce jar and a H pK w
Book bv Mrs. Rorer. Aidrws. Corneille DfcTid
& Co., 1 Hudson St, New York.
A Skin of Bsamy is a Joy Fcreyer
DR. T. FELIX GOCRAUD'S ORIENTAL
CREAM OR MAGICAL BEAUTIFIES
Removes Tmi. Pimples,
t' rc rk I eti. Moth Ptche
Bub, and Ml in Dlstaset,
and every blcmixb
on beauty, and itf
fiw detection. It
has stood the tert
of 6 yparn, and
Is no harmlets wa
tastHt tohesuivlt
It properly mace.
Accept no counter
feit of similar
name. T)t. L. A.
f-avre said to a
dj of the ban'
ton va pat lent . :
" A yon ladiea
will ue them,
I recommend
'GonrnndV CreiiT as the least hsrraful of all tha
tikin preparations." Fr dale by all drui ana rancy
Goods Dealers In the United State, Canada and Surope.
rHD.T.KOPItlKSf Props 37 Great Jcnes Street. Mew Toi
Women a Specialty
Y!. tff TV. - .AT..Unnon a K. Chan
I Chinese Medical Company.
ff with wonderful herbs and
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Eb jfl hve failed. Sure cure female.
chronic, private diseases, nerv
Mrjo 0 V 0UKM ousness, blood pjison, rheuina
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harmless. No operation. Honest treatment.
Examination for ladies by Mrs. S. K. than,
TIIK CHINK.SK MEDICINE CO..
226!& Morrison &t.t bet. First and teecolid.