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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 21, 1914)
8 THE MORMNG OREGOXIATT. WEDNESDAY, OCTOBER 21, 1914. i 4 . WRONG MAH HELD" FOR FIRE, IS PLEA Defense Admits Blaze in Home of Max Albert Was Set, but v. Exonerates Owner. " I EXPOSURE IS PROMISED i Attorneys Spring Surprise by De claring Arson Is Sustained and Providing Alibi for Client. Jury Is Drawn. Counsel for Max Albert, who is on trial in Judge McGinn's .court on a charge.- of setting his Alberta home afire to defraud insurance companies, sprang a surprise yesterday when it admitted the fire which led to Albert's indictment was incendiary. ' In his opening statement Attorney E. B. Seabreok, who, with W. A. Car ter and A. H. Dibble, is defending Al bert, said the defense would admit the fire was set and would expose the guilty one before the trial is concluded. An alibi for Albert, the defense be lieves, will show that he could not have lighted the fire himself. Deputy District Attorneys Collier and Hammersly who are prosecuting Albert, evidently expected a denial that the fire was of incendiary origin, and produced & number of witnesses to show the blaze did not result from accident. The case made rapid prog ress yesterday, a jury being draen in two hours and a half, and several wit nesses were put on the stand by the state during the afternoon. Incendiary Clews Reported. - Attorney Collier, in his opening statement to the jury, said it would be shown beyond doubt that the fire was of incendiary origin. He said wit nesses would testify that a couch was found soaked with oil, that a. burning candle, set in a rubber overshoe con taining oil, was found in the house when the first persons entered after the fire alarm, that matches, rags and paper had been placed about the rooms so that three different candles set burning by the firebug would com municate their blazes to different parts of the house. Mr. Collier said it would be proved that Albert lived in another house be fore he moved to 848 Sumner street, the scene of the fire, and while there he tried to arrange with the owner -of the building to permit him to burn his furniture by an incendiary fire there, but could not come to terms. It will appear in the testimony, said Mr. Col lier, that Albert then told the bouse owner he would move to another loca tion and burn his furniture. Alibi Is Asaerted. A perfect alibi was set up for Al bert by Attorney Seabrook in his open ing statement for the defense. On the night of the fire, November 18, 1912, he said, a party was held at the home of friends of the Albert family, to cele brate the betrothal of the defendant's sister, and Max Albert left his store about 8 o'clock and went to the party, his family having preceded him, leav ing the Sumner-street home shortly be fore 6 o'clock. Upon their return home about 11 that night they found the place had been burned. John Auterson, who lived within 100 feet of the Albert residence at the time of the fire, told of conditions in the house when the fire was discovered. Auterson said he answered a neighbor hood alarm and climbed through a win dow and put out most of the fire with a garden hose before the fire depart ment arrived. He said he found a three-inch candle burning on the floor, surrounded by matches and other litter. The house was bare of clothing, gro ceries or other effects, there being a small amount of furniture only. I'lre Captain on Stand. V. C. Morrison, captain at the Al berta fire station, testified that he ar rived soon after the fire was discov ered and found in the house candles that appeared to have been extin guished shortly before, matches being piled around them. -There was but little furniture or other property in the place, he said, and the circum stances aroused his suspicions. He said it looked like the house had been set on fire. Walter Geren, special agent for Dis trict Attorney Evans, drew a diagram of the Albert premises, which was sub mitted to the jury for thoir informa tion. D. R. Atkinson, Oregon agent for the Northern Insurance Company, testified that when he visited the Albert prem iss a day or two after the fire he found a small sack of salt was the only article in the larder. A few old rags were found, but no clothing and but little furniture was in. evidence. He testified that there-was a much smaller quantity of furnishings than that set forth in Albert's claim of loss. He testified a policy of $1250 waa written on the Albert furnishings when the family lived at lllii East Twenty- fifth street North, and the policy was transferred when they moved to the Sumner-stree house. - This policy was . written in September, two months be : fore the fire. i ENSIGNS NAMED IN MILITIA ; Xary Department to Have States ; Send Men Through Canal. C. R. Peckins, boatswain's mate; C. A. Dyer, boatswain's mate, second- jrlass, and Stanley Young, chief yeo man, of the Oregon Naval Militia, have passed examinations as ensigns and will be appointed temporarily by Lieu tenant-Commander Blair, they being slated to undergo another examination early in 1915, and their success in that will determine whether they are to be given commissions. It is announced from 'Washington that a plan is under consideration to send the Naval Militia of the Eastern states through the canal in February when the international fleet moves to San Francisco. The general board of the Naval Militia ,1s in session there and Secretary of the Navy Daniels has asked for recommendations as to the trip and other matters having to do with increasing the efficiency of the citizen-sailors. Naturally the Oregon men are interested deeply in the pros pects of a canal trip if they are picked to help man the battleship Oregon. Xevts From Oregon Ports. ASTORIA. Or., Oct. 20. (Special.) The steamer Celilo shifted last night from Linnton to St. Helens to complete her cargo. The steam schooner Multnomah fin ished loading lumber at the Hammond mill today and shifted to St. Helens. The tank steamer Maverick and the steam schooners Daisy GaUsby and Yellowstone, which have been delayed for a couple of days, went to sea to day. The tank steamers William F. Her rin and Frank 11. Buck arrived today from California with cargoes of fuel oil for Portland. . , The steamers' Alvarado and Paraiso from San Francisco, via Coos Bay, with general cargo for Astoria and Port land, arrived this morning. The steam schooners Northland and Yosemite, with general cargo for As toria and Portland, arrived this morn ing from San Francisco. The British bark Invercoe left this morning for Portland, where she is under charter to load grain for Europe. N. J. Judah resigned his position to day as editor of the Astorian to assume his duties as inspector of the customs service. The American-Hawaiian steamer Montanan arrived from Portland to night and sailed for the Sound. The steamer Quinault arrived tonight from Portland and St. Helens with cargo for Southeastern Alaska and sailed later. The British ship Kirkcudbrightshire, grain laden for the United Kingdom, was shifted to the lower harbor today and will go to sea tomorrow. COOS BAY, Or., Oct. 20. (Special.) Rough and uncertain weather along; the Oregon coast is costing shippers and vessel-owners many thousands of dol lars, and conditions have been worse at Coos Bay than for several years. REPUBLICAN CANDIDATE FOR t .4 1 I ;Jk VHfr '""'; " . I . Dr. Janes Wlthycombe Discussing Livestock With Sherman Count; Citizens. . The accompanying picture reveals the' reason' for Dr. Withyeombe's popularity . with the farmers of Oregon. He meets them on their own ground, discusses 'their problems with them, knows their needs, and as Governor would be suited well to deal with them intelligently. Moreover, Dr. Withyeombe's geniality and his interest In the welfare of the farmer is not with him a political acquirement or an exigency of his candidacy for Governor. Those who have previously met him remark that he is the same, running for .office or otherwise. The photograph was taken at a. time when Dr. Wlthycombe was not a candidate for office and shows him discussing the fine points of livestock with Sherman County farmers. There are craft in port now with loads which have been delayed for eight days, others from five to - three, and today the Nann Smith completed loading and was unable to proceed to sea. The gasoline schooner Rustler has been loaded with provisions for Port Orford and Rogue River for the past ten days, and there is reported a short age of supplies in 'those sections. Both the Umpqua River canneries have besn shut down for the past seven days. while thousands of dollars' worth of fish are passing up the river. The Tillamook, which put into Yaquina with the castaways, Sprague and Van Burger, is barbound and has cans for the. Umpqua industries, and the gas schooner Patsy is inside the Columbia bar with more cans. The weather is Btill stormy and the loss all around is piling up in heavy figures. The gas schooner Roamer, which plies between Coos Bay and the Siuslaw River, also is barbound at Florence, and it is probable the Flor- ence canneries will-be- obliged to put up with severe losses. The Kyle can nery, on the Siuslaw, had receipts of 7000 silversides last Thursday. The tug Gleaner, which makes weekly trips from Gardiner, failed to arrive last week. Soundings on the Coos Bay bar show the depth has steadily decreased since September 17, when there was 17.7 feet, and the soundings of October 8 showed but 17. All the advantage gained by the dredge Michie was swept away in two weeks. The Michie has worked but two shifts since the order came to resume work. The steamship Geo. W. Elder is due tomorrow from Portland and will probably cross in, as the advantage Is with vessels Incoming. FLORENCE, Or., Oct. 20. The gaso line schooner Roamer bound for Coos Bay was held up here for several days last week owing to stormy conditions outside. The lumber barge Laurence, owned by the Tidewater Mill Company, of Florence, with approximately 50,000 feet of lumber for San Francisco mar kets, also was barbound. Marconi Wireless .Reports. (All positions reported at 8 P. M., October . 20, unless otherwise designated.) Herrin. Gavlota for Linnton, anchored off Astoria. Stetson. Tacoma for Pan Francisco, 70 miles south of Cape Flattery. Leelanaw, San Francisco for Union Bay, 75 miles from Port Angeles. ' Ouecn. Seattle for Han Francisco, four miles south of Cape Flattery. Richmond. Richmond lor Seattle, 5SS miles from Seattle. Coronado, Aberdeen for San Francisco, 10 miles south of the Columbia River. Maverick. Portland for El Segundo, 110 miles south of the Columbia River. El Sexundo, Point Wells for Hichmond, off New Dungeness. ' Governor, Seattle for Sound ports," off Seattle. Lenard, southbound, off Pine Island. Alameda, southbound, due at Ketchikan at 10:.!0 P. M. Mariposa, northbound, off Pine Island. -Victoria, Seattle for Nome, 4SO miles west of Care Flattery. Northwestern, westbound, left Skagway 1 A. M , October 20. Enterprise, San Francisco for Honolulu, 1340 miles out, October 19, s P. M. Hyailes, Seattle for Honolulu, 1421 miles from Cape Flattery, October 19, S P. M. Bear. Portland for San Francisco, off Point Arena. Admiral Dewey. San Francisco for Seattle, 20 miles north of Point Reyes. Admiral Schley. Seattle for San Francisco, 194 miles north of 3an Francisco. Santa Clara. San Francisco for Port San Luis. 18 miles south of Pigeon Point. Lansing;. San Francisco -or Port Harford, 33 miles south of San Francisco. Topeka, San Francisco lor Eureitt, sz mnes north of Point Reyes. Colonel Drake. San Francisco for Seattle, 23 miles south ot Northwest Seal Rocks. Argyll. .Seattle for Oleum, 70 miles north of San Francisco. Kllburn. Eureka for San Francisco, 120 miles north of San Francisco. Arollne. San Pedro for San Francisco, 27 miles south of point Sur. Whittier, San Francisco for Port San Luis, GO miles south of San Francisco. Oleum, San Francisco for San Pedro, 31 miles south of Point Sur. Chatham, Essie Harbor for San Francisco, 176 miles north of San Francisco. Windher. Belllngham for, New Tork, 60 miles north of Cape Mendocino. Nome City. Everett for elan Francisco, off St. Georges Reef. Redondo. San Francisco for Coos Bay, eight miles north of Northwest Seal Rocks. Hanalel. Eureka tor pan Francisco, 36 miles south of Blunts Reef. Santa Maria. Honolulu for Port Harford. tt37 miles from- Port -Harford, October 19, 3 Fanta Rita. Port Harford tor Honolulu, 1513 miles from Port Harford, October 19, S P. M. Asuncion, San Dlstro for El Segundo, 20 miles from El Segundo. Columbia, Santa Barbara for San Fran cisco, five miles west of Santa Barbara, Damara. San Pedro for San Francisco, 28 miles west or San Pedro. Rose City, San Pedro for Pan Francisco, 30 miles east of Point Concepolon. Edgar H. Vance, San Francisco for New Tork. 919 miles south of San Francisco. Tides at Astoria Wednesday. High. Low. " 1:10 A. M 7.7 feet!7:55 A. M 2.1 feet 1:4 P. M 10.O feet :6 P. M. . 1.4 feet Motorcycles are becoming popular In the Philippinea, ... i LINER PARTLY SAFE Steamer Santa Catalina May Be Rebuilt, Says Expert. LOSS ABOUT 40 PER CENT Fire on Freighter Xow Smoldering and Cargo Investigation to Be Feasible Soon After ' Water Is Pumped Out of Craft. "Repairs can be made to the steamer Santa Catalina beyond any question, and I would say that at the outside she is not damaged 40 per cent, though it GOVERNOR UNDERSTANDS PROBLEMS OF OREGON FARMER has not been possible to make an ex amination," said Captain L. Veysey, surveyor for Lloyd's, last night, after having spent part of yesterday at Co lumbia City, where the fire aboard the vessel was rapidly being overcome. The nreboat David H. Campbell re- turned to Portland last night, the fire having been practically extinguished. Captain W. C. McNaught, surveyor for the San Francisco Board of Ma rine Underwriters, which has the cargo covered, was at the scene with Captain Veysey. Assuming that there will be no further trouble from fire today, it Is intended to arrange for pumping the vessel out, as there is an immense amount of water below. Ship to Be Towed Here. Considering that about E00 tons of fuel oil has. been consumed, that some of her cargo has been destroyed and a large Isnount of weight eliminated through the destruction of her house and where the 'tween decks were gut ted, it Is believed that she may be floated without resorting to dredging. The ship will be towed here to be cleared of all cargo that the survey may proceed to ascertain, the amount of damage and make recommendations as to repairs. The fire spread yesterday so that it gained a foothold In the strong, or specie room, where 60 barrels of whisky were carried as cargo. With such a quantity ot alcoholic fumes added to the flames it waa not easy tasy to master it but blankets and other materials were used about the door to make it tight and the com partment was flooded from above through a ventilator. Engines May Be All Right. The damage has been principally con fined to the refrigerator compartment, the shelter deck and No. 3 'tween deck, in addition to that in the engineroom and fireroom. Captain Rose, master of the vessel, said yesterday that he did not think the engines and other parts had been damaged beyond use and as everything was flooded it was not possible to get an idea of how much that department had suffered. With the exception of steel products, of which there is said to be close to 1200 tons, the cargo has been damaged by fire and water. The load totaled 2000 tons and about 800 tons is classed as badly damaged. United States Inspectors Edwards and Fuller began an investigation yes terday and will continue today. It la thought that Captain T,ose and the chief engineer of the ship will file re ports at once. Meanwhile the testi mony of important members of the crew will be obtained. SAILOR'S CAPTURE WORTH $50 Celestial From British Tramp Strath dene Ca'uses Action Against Ship. Any person apprehending Lo Nee, Ce lestial, late resident of Callao and more recently an able seaman aboard the British tramp Strathdene, will be en riched by the skipper of that carrier to the extent of 150. Lo Neg disap peared yesterday and the master of the steamer immediately notified Im migration Inspector J. H. Barbour, also announcing that he had posted a re ward. When the Strathdene waa at Callao she was short a sailor,, so the almond-eyed one was signed and evi dently he simply wished to change his place of residence. On the occasion of the visit here last month of the Strathord, of the same flag, the skipper graciously permitted five Chinese to go ashore and one is yet there. For that he was charged by Federal authorities with allowing the delinquent one his liberty ana was given a hearing. Bonds in thesum of 1000 were demanded and the court is waiting to hear arguments before deciding whether punishment Is to be imposed. TEXAN IS IJf CASAIi TODAY Montanan Sails for New York and Kebraskan Is Bound Here. On the reopening of the Panama Canal yesterday after it had been im passable for the past few days ' be cause of a slide at Culebra Cut. the American-Hawaiian line arranged for the steamer Texan, westbound from New York, to pass to the Pacific to day. A telegram to C. D. Kennedy, Portland agent, notified him yester day that ships waiting on this side would continue their eastward course between today and Friday. The liner Montanan sailed from Port land at 10:30 o'clock yesterday ria Puget Sound and San Francisco, car rying a straight New York cargo from here of 600 tons, of which 660 'tons were prunes and trie remainder canned goods and miscellaneous freight.! The liner Nebraskan gained the river early yesterday and was In port last evening. She sails for New York and Boston Sunday. The vessel Is bringing 543 tons of general cargo. The liner Kentuckian is scheduled to arrive Sunday and sails Tuesday and the Honolulan comes November 6. depart ing; November and is followed No vember 14 by. the Iowan, which sails November 18, the same day the Ot kotan arrives, and the latter gets away November 22. GALE DIES BUT TIDE HIGH Vessels at Astoria Go to Sea .When Storm Blows Itself Out. ASTORIA. Or.. Oct. 20 (Special.) The southerly gale that has been raging along the Coast for several days ap pears to have blown itself out. The seas outside are smooth comparatively, and all waiting; crafts were able to proceed to sea. The barometer, which dropped to a low notch on Sunday, is still going up, indicating good weather, although the electrical storm during last night is said by some to mean un settled weather conditions for at least 10 days. - The highest tide of the season thus far occurred at 1:04 this afternoon, when it registered 10.1 feet.- Fortu- nately the gale had subsided or the water might have risen .considerably higher. Aside from the flooding of a few cellars no damage was done. ATLANTIC DCE XEXT WEEK Pacific Also Eji Koute to Portland After Paget Sound Stop. More engine trouble is said to have developed aboard the new steamer At lantic, now at San Francisco on her way to Portland as the vanguard of the Boston-Pacific line. Her arrival has been postponed again until Monday. The Atlantic being new it is said her machinery was hot thoroughly adjusted and developments on the run through tne canal resulted in changes being de termined that are now under way. The Pacific, her sister ship, is also en route, but goes to Puget Sound first. Cargo is being assembled for the Atlan tic and she will have flour, canned goods, lumber, hopa ana other Eastern shipments from - here with enough ireigni irom tjainornia Harbors to give her a capacity load. By the time the second ship has reached this side the company, will be more thoroughly or ganized and steps taken to Increase the fleet with vessels from the- Emery line, of Boston, which Is backing the new enterprise. Sale of Jetty Bonds Urged. FLORENCE. Or., Oct. 20. (Special.) A meeting of the commissioners of the Fort of Siuslaw was held here Sat urday and a large delegation of local business men attended to urge that the commission sell the recent issue of bonds to the amount of 1 100.000, and place the money in the hands ot the Government engineers "In order that work on the Jetty may go forward with out delay. This issue of bonds was ordered some months ago by the Dort commission but was delayed in the hope that the rivers and harbors bill would be passed containing an appropriation for this work. CHAMBERLAIN AT SALEM SENATOR ADDRESSES 1300 PERSONS AT OPJiUA-HOLSE. Wilson's Administration Is Defended, Tariff Step Is Praised and West t and Smith Are Upheld. SALEM, Or.. Oct. 20. (Special.) Lauding Dr. C. J. Smith. Governor West and the Wilson Administration, and defending his record in the United States Senate, George E. Chamberlain Democratic candidate for re-election, addressed about 1200 persons in the Grand Opera-house here tonight. The Senator spoke for more than two hours. The speech was virtually the same one Mr. Chamberlain has been making since his return to Oregon. He said the Wilson Administration had passed more constructive legislation than any possibly since the time of Washing ton. The reduction of the tariff waa especially praiseworthy, he said. The speaker declared all parties had for some time been pledged to a revision of the tariff downward, and the Wil son Administration would have been recreant to its trust if It had not passed such a bill. "Watchful waiting was praised by Senator Chamberlain. He said that if that policy had not been pursued leg less and armless men would be coming home in this country now, as in Eu rope, for wives, sisters and mothers to support. The Senator said he. Governor West and Dr. Smith had been considerably Vilified during this campaign. Declaring that but for duty inter posing he would have returned to Ore gon oftener to be with his friends, he added: "You know I am a gregarious kind of person. I like to be with my friends."- He declared once he waa positive he would be returned to the Senate. "There are but two men In this race, observed the Senator; "I won't name them, but you know who they are." ' Senator Chamberlain spoke this aft ernoon at Silverton, Mount Angel and Woodburn. Chamberlain Heard at Silverton. SILVERTON. Or.. Oct. 20. (Special.) Senator George E. Chamberlain, who was scheduled to appear in this city Tuesday, arrived this morning and was met by a delegation of business men. He had intended only to visit during his short stay, but was prevailed upon to give a short talk, which he did. About 150 people assembled in a few momenta to listen to his remarks: SPECIAL ACT IS VOIDED srPREXB COURT THROWS OUT SI IT TO RECOVER 106,000 ACRES. Justice Harnett Holds Charles Altchul Should Start Action Where Lasd la Located. - SALEM, Or., Oct. 20. (Special.) The Supreme Court today. Justice Burnett writing the opinion, reversed the decree favorable to the plaintiff and ordered the suit dismissed in the case of Charles Altchul against the state to quiet title to 106. Out) acres of land in Linn and Crook counties. - . It waa held that the act passed by the last Legislature , authorizing AltchuL who alleged that he was suc cessor in interest of the Corvallis A Yaqulna Road Company, is a special law and not constitutional. Congress In 186 passed an act grant ing to the state certain lands to aid in building a military road from Albany to the eastern border of the state. The Oregon Legislature in the same year granted to the Corvallis & Yaquina Road Company the lands in considera tion of -it building the road. Altchul averred in his complaint that the United States issued 23 patents conveying the realty comprised in the patents to the grantee of the state. but that through a clerical error the first patent was Issued to the state "for the use and benefit of the Willamette Valley & Cascade Mountain Military Road Company and its assigns." Justice Burnett holds that inasmuch as the property - Is situated in Linn and Crook counties, the Legislature had no right to fix the venue for litigation in Multnomah County. Other opinions today were as fol lows: George M. Cook et al.. appellants, against City of Portland et al. ; appeal from Mult nomah County, Invalidating; assessment of Karl street, reverseo. Joseph L.. Lapp, appellant, against City of Marshueld: appealed from Coos County, enjoin street assessments, modified. ( lacKamas southern Kallroad Company What Not long ago the IT. S. Gov't made some experiments to determine the poisoning qualities of caffeine (the drug in coffee). Twenty-seven healthy cats w ere given an average dose of 5 4-5 grains of caffeine about as much of the drug as is contained in 2 cups of coffee. What do you suppose happened? The Cats All Died! See Gov't Bulletin No. ,148, Bureau of Chemistry. Of course, they were only cats. But there are plenty of people who dose themselves with enough caffeine every day to kill a cat and Cripple a Man, not at one blow, but by little blows repeated daily. Of course some systems are strong enough to stand all kinds of abuse, but most systems are not. And when a man or woman observes a growing nerv pusness or sleeplessness, heart trouble, stomach, bowel or eye disturbance, it is time toquit coffee and turn to a real food-drink, free from, the coffee drug, "caffeine." It is easy .to shift from coffee to for in POSTUM one gets a delicious drink with the true nourishment of whole wheat, from which it is made. Postum is roasted (like coffee) with a bit of wholesome molasses, looks like coffee and has a delightful flavour resembling Old Dutch Java, but is entirely free from the coffee drug, caf feine, or any other drug or harmful substance. Postum comes in two forms: Regular Postum, which must be boiled.' Instant Postum soluble form made in the cup instantly with hot water. Grocers sell both kinds and the cost per cup is about the same. "There's a Reason" for POSTUM against John H. Vick. appellant: appealed from Clackamas . County, to recover isoney sutecrlbee for stock, revvrsetl. J. C. Rofeertson afrainst L. B. Frey. ap pellant; appealed from Marlon Connty, to recover dam(ci lor fraud and deoeit. af firmed. - Edward L. Matthews ssatnst Travelers" Insurance Company, appellant, appealed from Multnoman county, to resww on aociaent policy, reversed. Martha Houston aralnat Orpha Oretner, appellant: appealed from Linn County, to annul deed, modified. Calestro Martini. amellant. aralnst Ore gon-Washington Railroad Navigation Com. pan y ; appealed from Multnoman county, damages for personal Injuries, affirxneoL. Milton W. Seaman against Merchants Na tional Bank, appellant; appealed from Mult, nomah County, suit for money, reversed. In matter of determination of relatlvs rlchts of various claimants to waters of Willow Creek and tributaries, decrees ot Malheur Clreult Court modified. Marine Xotes. Cables to the Merchants' Exchange yesterday included one of the arrival at Ipswich of the German bark Ossa, which was taken as a prise by the British naval forces and escorted Into Dunkirk, from where she moved to Falmouth and finally to Ipswich, where she ended her voyage Saturday. Found guilty of "carelessness and negligence, because of the manner In which he navigated the Wlllapa Harbor bar as master of the steamer Solano, which struck there recently. Captain John Lundstedt had his license sus pended for a period of SO days yester day by United . States Inspectors Ed wards and Fuller. Arrangements were made yesterday to shift the tramp South Pacific from Montgomery dock to the bunkers so she could take on 75 tons of coal and return to Montgomery in time to re sume loading wheat this morning. At the headquarters of the Seven teenth Lighthouse District it was re ported yesterday that the outside gas buoy, marking the north side of the channel across the bar, was relighted yesterday, also the Clatsop Spit gas buoy. Both were reported out Monday. Unless weather conditions are decid edly unfavorable the flagship Beaver. Of the "Big Three" fleet, is to be lifted on the public drydock today for clean ing and painting. Happened to the i, - 7 J ) ) PRIZE COURT AWAITED STATE DEPARTMENT DELAYS TION IN TANKKH'S CASK. AC- V ease I Formerly Ovrarcl by Gernul Sabaldlary of Staadarel Oil Now tm Virtually Sasae llaada. WASHINGTON. Oct- 0. Information was submitted to the State Department by the Treasury Department today showing that there was no actual change of ownership Involved in the transfer .from German to American registry of the tank steamship Brin- dilia. which has been captured by a British cruiser and towed into Hall fax. The Brindilla. formerly the City of Washington, belonged to the Relter- mann line, of Hamburg, a subsidiary of the Standard Oil Company, which cor poration after the European war be gan took over the vessel and put her under the American flair. These facts were called to the atten tion of Sir Cecil Spring-Rice, the Brit ish Ambassador, when he called at the State Department In connection with the case. Later it was said at the embassy that no action could be taken pending -a decision by the prize court at Halifax. It was recalled, however, that several Standard OH steamers had changed their registry from German to American with the knowledge and sym pathy of the British Consuls in whose districts the change occurred. From the facts so fax presented State Depart ment officials see no warrant for the condemnation of the ship by a prize court, though they are not disposed to question the propriety of the seizure of the ship in order that her status might be developed. , It is expected that the Department will await the proceedings of the prize court, taking no action unless it ap pears there Is likely to be a denial of justice or in the course of the trial some Issue arises regarded as vital and affecting the sovereignty of the United States. Gats?