24
THE SUNDAY OEEOONIAN, POETISM. XOVEMBEH IS, 1900.
IT IS A JUDICIAL ACT
Assessor's Work Cannot Be
Reviewed.
CITY'S MANDAMUS SUIT FAILS
Jndce Sears Rules That the Remedr
tor Assessment Lies "With
Equalization Board.
Th acta of the Assessor'in assessing
property Is Judicial, and his discretion In
that matter cannot he reviewed hy the
court.
Judge Sears eo held yesterday In the
mandamus proceedings of the City of
Portland against Assessor Greenleaf to
compel him to Increase the total assess
ment of city property from 530,000.000 to
$40,000,000. The court also decided that In
any event, "without regard to this point,
mandamus Is only appropriate where
there is no other remedy provided by
statute, but hero a man may go befdre
the County Board of Equalization, which
Is authorized to make corrections In er
roneous assessments.
According to the decision, the court has
authority only to review the action of
the Equalization Board in regard to as
eessments. City Attorney l-ong asked
leave to amend his petition, and stated
(that he will appeal to the Supreme Court.
Assessor Greenleaf received the decision
with an air of satisfaction and says he
will turn over the assessment roll to the
County Commissioners on Monday, on
-which day the County Board of Equaliza
tion, comprising the Assessor. County
Judge and Clerk of the County Court,
meets In the County Courtroom. ,
Judge Sears held the matter to bo one
that the court cannot reach by man
damus. He followed the decision of the
Oregon Supreme Court in the case of the
Oregon-Washington Mortgage & Savings
Sank vs. Thomas A. Jordan, as Sheriff. In
that case the Supreme Court held that
the Assessor In making valuations acts
judicially, and his assessments remain
final until reviewed by the Board of
Equalization. The Supreme Court said In
hat case that the plaintiff could have
appeared before the Board of Equaliza
tion and made a showing as would have
Induced that tribunal to make all neces
sary and proper corrections in the assess
ment of the property, and upon its re
fusal to do so the plaintiff could have
cued out a writ of review before the
court. This was plaintiff's remedy and
.the only remedy, and Judge Sears held
that the same rule was applicable in
this case.
Concerning the allegation in the petition
that the Assessor has omitted or left per
sonal property off the assessment roll to
the extent of $10,000,000 or ?12,000.0(W,
Judge Sears said that was a case where
the County Board of Equalization has
power to put It on the roll without any
notice to the owners at all. Three days
notice must be given by the board to
property-owners when the board desires
to raise values, but In other cases it may
proceed without notice at all.
The court said it found no authorities
which warranted such relief or proceed
ing as was asked by the city. There were
a few cases ordering an Assessor to put
property on the list where it was not
there, but these cases were In the minor
ity, and whoro such a course was pro
vided for by statute, or where there was
no other tribunal authorized to be ap
pealed to, such as the Board of Equaliza
tion. Judge Sears further said, in regard to
the matter: "There is no doubt that the
Assessor acts judicially. This has been
decided a number of times. It was con
tended that this case is taken out of the
rule by Bhowlng that the Assessor has
acted In such a manner that he has
abused his power, and that under the
circumstance? the courts have control
over him. In New York State, where
.property has beeen omitted altogether
from the list, the court can compel the
Assiwsox to put it on the list, but I have
been unable to find a remedy for such a
case as this, and the court could not take
action where the matter has already been
decided Judicially in this state. The court
would certainly not attempt to raise the
assessment without due notice to the
property-owjners, as the law holds that
such notice .must be given. Errors can
not be righted by mandate. An appeal In
this case must be taken to the Board of
Equalization."
The effect of an appeal by the city to
the Supreme Qcjurt 'remains to "bo seen.
As the matter notrfstands. It is np to tho
Board oC Equal lzntjftiy
The case was argued w.eek ago by
City Attorney Lonjasd by John H. Hall
for Assessor Greenleaf,
INDIAK WAR. VETERANS.
Their Descendants Are Wow" Fann
ing? an Orejpon Society.
The Indian "War eierans of Multno
mah Camp No. 2 held their annual meet
ing yesterday, in the City Hall, and elect
ed the following officers for tie ensuing
year: Captain, H. A. Hoag; first lieuten
ant, TV. H. Courtney; Becond lieutenant,
John Kelly; orderly sergeant, E. P. Gray;
treasurer, J. H. McMlllen; color-bearer,
P. Maloney; corporal of the guard, Will
iam Gardiner; musician, John Collins.
Captain Hoags annual report showed,
that five comrades had died since the last
annual meeting. These were J. M. Breck,
J. S. Rlnearson, J. B. Xnapp. T. K. "Will
iams and William Grooms. The camp is
at present caring for four veterans, who
are unable to care for themselves; also
for two widows. The wants of these de
pendents are very few, however, and only
provisions, medicine and clothing were
accepted. For these necessaries the sum
of $342 35 has been expended during the
fiscal year.
Captain Hoag urged a united demand
on the General Government for pensions
to assist the Indian fighters of DO years
ago in their old age. A pension bill, he
said, is now pending In Congress, and
pressure should be brought to bear on the
members of that body, so that the needed
relief might be afforded before inaugura
tion day.
A movement is on foot to organize a
Society of Children of Veterans, and tho
project Is receiving encouragement from
the senior organization, whose members
recognize that the original body must
soon pass away, as the veterans them
selves are now getting old. Mrs. E. Her
rlngton and Miss Tillle Cornelius were
present, and asked the co-operation of
the veterans, which was cheerfully ac
corded. The descendants of Indian Vet
erans who came to the Northwest prior
to I860, will be eligible, and It Is estimated
that there are several "hundred of these.
Including the youngest grandchildren.
The promoters of the new organization
will meet again at the residence oi JJr.
Cornelius, 348 Montgomery street, next
Friday evening, when all parties inter
ested are expected to be present.
The next regular meeting of Multno
mah Camp No. 2 will be held in the City
Hall, May 14, 190L
BEATEN BY A HACK-DRIVER
John Abbott, of Aurora, Victim of a
Crnel and Malicious Assault.
John Abbott, an old man from Aurora,
Or., was victimized and cruelly beaten
by a hackman last evening to such an
extent that he is now resting In St, Vin
cent's Hospital with a broken Jawbone.
Abbott arrived last evening on the South
ern Pacific and stepped Into a cab at the
Union station, asking to be driven to
a Third-street hotel. Supposing he had an
easy victim, the hackman drove him sev
eral miles over town and before the old
man alighted, demanded $2 50 as his fare.
Thla Abbott refused to pay and offered
him tU The hackman refused to take
this, and commeicd to berate and abuse
his victim, finally striking him in the
face with ji pair of brass knuckles,
breaking his Jawbone. He then left the
unfortunate man at 81xth and Davis
streets and drove away.
Abbott Immediately informed the po
lice of the vicious assault, but was unable
to name or Identify perfectly his as
sailant. He was then taken to the hos
pital for treatment.
CARDINAL NEWMAN.
Lecture on the Famons Prelate by
Father Smith, Paultst Order.
The lecture to be given at the Cathedral
tomorrow evening by Father Smith, of
the Paullsts, promises to be very largely
attended. The subject, "Cardinal New
man and the Oxford Movement," deals
with a very interesting bit of English
church history, as this great English
Catholic church movement was the cause
of Newman, Manning Wllberforoe and a
number of other Anglican ministers com
ing Into the Roman Catholic church. It
was on this occasion that Newman wrote
his beautiful hymn, "Lead, Kindly Light,"
Father Smith, who will deliver the lec
ture, Is one of the best pulpit orators in
the Catholic church, and has made a spe
cial study of this subject; as the founders
of the Paullst Order (Father Hecker and
his four associates) had been Anglican
clergymen, who became converts to the
Catholic church as an Immediate result
of the Oxford movement.
BETTER RAILS DEMANDED
ITOttTH FIRST STItEET XtAILWAT
MUST WAIT.
Application for Extension of Fran
chise Held for Fntnxe Action
Other Street Hatters.
The extension of a franchise for street
car tracks along North First street was
the subject of considerable deliberation by
the street committee of the City Council
yesterday afternoon, and the petition ofl
xno vjty as ouDuroan najiway m regiuu
to it was tabled for further Investigation.
Several days ago the company began
tearing up the Belgian pavement on First
street north of Couch street, with a view
to laying street-car tracks from Burnside
street to Flanders, but the City Engineer
was not satisfied with the 56-pound rails
about to be put down, so the work has
been temporarily discontinued. Mf. Chase
Insists that the new rails shall not be
less than 7 Inches high, so as to permit
of blocking up close to the rail, and as
the company cannot get these new rails
for several months, and their franchise
runs out January 5, 1901, an extension
of six months was asked for.
Mr. Chase, in addressing the commit
tee on the subject, said thatthe present
old-style rails are too low to admit of
substantial paving alongside them, and
In consequence such streets as First are
the scenes of a great deal of vehicle
smashing, the ruts alongside the rails
being so deep that wagons cannot turn
out to admit the passage of a street-car
without damage to the wheels or axles.
"The Railway Commissioners of the State
of New Tork have recently approved of
the deep-set rails," he said, "and so those
from seven to nine inches, weighing 70
to 90 pounds to the yard, will hereafter
be laid. The company's franchise pro
vides that the rails to be laid shall meet
the approval of the Board of Public
Works. Heretofore the Council, not real
izing the Importance of the deep-set rail,
has only Insisted that the rails to be put
down should be of the proper metal. The
portion of the city through which the com
pany proposes to lay these rails Is In a
densely populated business locality, where
the streets are subjected to a great deal
of wear and tear from heavy team traffic
I therefore shall have to Insist on the
deep-set rails being laid Instead of the
old five-Inch rails."
Other Business.
The petition of the Oregon Packing
Company for a franchise- to run a rail
road switch on East Ninth street was
again laid over for further consideration.
Tho petition of the Columbia Real Es
tate Company to Improve Peninsular ave
nue from Russell street to Pippin was
granted, and the City Engineer directed
to prepare estimates, also the petition to
Improve Kearney street between Fif
teenth and Sixteenth; also Improvement
of Kerby street from Shaver to Beach.
The petition of the Pacific Coast Biscuit
Company for the Improvement of Davis
street from Tenth to Twelfth was not
granted, as half tho property-owners of
abutting property were not represented.
The petition of the same company for
Improving Eleventh street from Couch to
Everett failed for the same reason; also
the petition to Improve Garfield avenue
from Shaver to Beach street was refused
likewise.
A petition from the Board of Police
Commissioners to have the trees along
the line of the police telephone wires
trimmed and pruned was placed on file.
The committee did not think it had power
to act on the matter.
country. Ho is vice-president and a char
ter member of the Mazamas,"and 'when
speaking of mountains talks from his
heart about the things which he loves.
Several years have been spent collecting
the views which wijl be shown, and every
one is a gem. This same lecture was
given before the Appalachian Club, of
Boston, and awakened the most Intense
enthusiasm.
LOCATED IN PORTLAND.
A Most Successful Optician "Will
'Practice His Profession Here.
Dr. A. T. Roberts, a widely-known op
tician, of 24 years' experience in the
profession, has located In Portland. He
has opened optical parlors, rooms 16, 17
and 18, in the Multnomah building, cor
ner of Fifth and Morrison streets.
Dr. Roberts has had a most unusual
and successful career. During the past
10 years he has fitted over 25.000 patients,
and, out ot this large total, has been
called upon to refit in only about 50 In
stances. Tljero was a reason for this
great and successful practice. All Dr.
Roberts' work is based upon this idea
the theory that if the eye is properly
fitted the first time, there is no necessity
for change, except in case of old-age
glasses. His success has been due to the
fact that he knows how to make the
first fitting a perfect one.
Dr. Roberts attributes many nervous
diseases to the brain strains necessary
to compel perfect vision through an im
perfect eye, and proves his theory a
fact by showing many remarkablo testi
monials from persons cured of diseases
supposed to have no connection with the
eye, through having this strain removed
by wearing scientifically-fitted glasses.
All those Interested, whether because of
Imperfect vision, or some so-called chronic
nerve trouble, should call and have a
talk with the doctor. He will put the
human eye before you In a light entirely
different from that In which you have
held It heretofore. He wlU have some
Interesting articles on the eye and its
connections with the nervous system in
these columns later.
DR. ROLAND D. GRANT.
Tfevr Lecture on "Wrinkles, Cracks
and Erosions" This Week,
Dr. Roland D. Grant will lecture in the
First Baptist Church of this city Wednes
day evening on "Wrinkles, Cracks and
Erosions." The lecture Is given under the
auspices oi the Maxarnas, and Is the best
lecture of tho many delivered by Dr.
Grant, who has spent several years lec
turing throughout the East on the won
derful beauty and grandeur of mountains
and natural scenery of the Pacific North
west, A large number of magnificent
views will be thrown upon the screen,
and the audience will be taken through
the wilderness of mountains and canyons
while the doctor eloquently portrays how
they were formed and what they are. The
scenery of this Coast Is unsurpassed even
In Switzerland, and it is the purpose of
the Mazamas to let the world know it.
No better Instrument could be secured
to accomplish this object than Dr. Grant,
who needs no introduction to a Portland
audience. As a fascinating speaker he
has few equals, and has proven himself
one of the most popular lecturers In the
Popular oyster dishes.
Mr. E. S. Cole, an oyster cook who has
had experience In California and other
places. Is making himself famous among
tho oyster lovers In this city, many of
whom come from down town to the Port
land Oyster Parlors, 549 Morrison street,
whore Mr. Cole has been for the past
two weeks. His fries 'catch everybody,
while ills oyster loaf, Spanish, is a reve
lation. With carefully selected deep-water-
oysters superior to any on the mar
ket, nothing but the best table butter
used In cooking, a cook who takes pride
In his ability to please, every dish served
is at least equal to any similar dish
served elsewhere. The preparation of
every order and the Btock used Is under
the critical eye of the customer. Besides
oysters In all styles, clam chowder, hot
tamalles, sodas, etc, may be had. Par
lors open till 1 A. M.
Limited Application.
The action of the Woodstock school dis
trict in voting to admit pupils from the
Portland district and also from another
small territory southeast is not unllm-
H. E. EDWARDS
185-187-189 and 191 First St
.
H. E. EDWARDS
185-187-189 and 191 First St
f
H. E. EDWARDS
185-187-189 and 191 First St
We are .showlty? a fine lino of buffota
in quartered oak, golden finish; a large
line to select from. Prices from
$17.50 to $50
--
A good, heavy iron bed, white enamel
finish. In three-quarter or double size,
$3.50
Wa carry a very complete line, in
cluding brass and half brass.
Just received, a car-cf solid cak bedroom
suits; golden finish. We can sell you a
suit
With a 20x24 French Beveled -mirror, tt or
$18.00
With-a 24x30 French Beveled-ralrror, fora
$22.00
With a 24x30 French Beveled r shaped
mirror, same as cut, for
$25.00
Special Thl3 heavy oak extension table,
made of kiln-dried oak, in a beautiful
golden finish; four-Inch spiral legs, fitted
with castors; size of top, 42x42 Inches; ex
tends six feet- Price, $9.00; for this week
$7.85
80S. Obk of ttut
best sideboards
ever offered atfil
the price. It is
made nf nnlr
with golden oak
finish, 14 x 24
glass, set In
elaborate ly
oarved pattern
oacK, with two
double
Ifli
wWBwwnraPiSitf
-V lk-'1 Kr
sholvM TTT-yir
, ., ..,,
upported by or- "- ... "
namental pedes- ;V7TC$3'
Inches at base,
with serpentine
pattern, aouDle
top, and Is sup
plied with three
largo front
drawers, half
swell; one front
drawer, lined; cast brass handles,
knobs and escutcheons, and complete!
with castors.
$16.65
' This handsome heater, made of W.
8. planished steel; Inside lining nearly
to top cover; handsome cast top and
logs; nickel trimming, and handsome
urn on top cover; center screw draft
and re-enforced cast-iron bottom.
Price.
$6.00
lted. It simply applies to the pupils who
reside Just across the line, and who were
accommodated In the school In the Evan
gsllcal Cnurch. There are reasons why
tills was done, which was mainly to help
out some neighbors. It does not Include
any others not specially mentioned than
these pupils, and It Is not expected that i
the Woodstock school will fill up from '
the outside.
YOUR FORTUNE FREE. (
By the use of O. B. P., Oregon's great
est remedy. Guaranteed, tested and true.
U jssssm
Choice.,..
Our Specialty
This Is an Illustration of our latest
style of sealskin Jacket. Our well
known exclusive facilities for procuring
sealskins in the raw state make com
petition Impossible. We are the ec
knowledged leaders for stylish furs.
Our garments are always distinguish
able for their superior quality and un
rivaled workmanship, and Its excellence
of fit and finish.
This season's catalogue of stylish
furs mailed free on application.
H .ILiebes S- Company
SS) U I J3L rUI IJK.ta&tttJJe'
t M288 Morriscm St.
v
Jnb.P. PlagTemarm
HANAGtH
OVERCOATS
A large line of Blue and Black Kerseys,
Oxford Grays and (Meltons, Just received
this week, to be retailed at
,$15.00 and $16.50
Handsomely Tailored
The material In these garments Is manu
factured by our own mills, thereby assur
ing you of a saving of 25 per cent. .
SALEM WOOLEN MILLS STORE
C. T. ROBERTS, Mgr.
85 THIRD STREET
ANTI-RUST, UMBRELLA FRAME
We are the inventor and only manufacturer of an anti - rust umbrella
frame, the only frame suitable for this wet climate. Jt pays to have an
umbrella recovered. If you have a good frame it will pay you. We will
reduce all frames recovered on our anti-rust patent FREE OF CHARGE,
and your umbrella will last three times as long as any umbrella on the
market. We do all kinds of umbrella repairing and recovering. We
make all of our cover goods. Wo carry the largest assortment In um
brellas, parasols and handles in the city.
Pbon Grant 270. JQHN ALLESMIA, Splt'oXe?"'
SALE
a IPMTI If?
We have purchased the entire stock of Furniture,
Carpets and Stoves formerly owned by the Standard
Furniture Company, at 166 and 168 First street, be
tween Morrison and Yamhill streets. We secured
these goods at a groat discount, and will proceed to
close out the same immediately, at such low prices
that this firm will secure popularity at one bound
not only in Portland, but throughout the length and
breadth of Oregon. Starting in business now-a-days,
it' is necessary to do something sensational to attract
the public, and bargains in every line while this stock
lasts will be our method of reaching the people. We
have ordered a new stock from the leading manu
facturers of the East, which will arrive from day to
day and this great sacrifice sale will last until the
present stock is closed out
Read
M
this a
if you want bar
gains in Furni
ture, Carpets
and Stoves.
THE STOCK
is new and attractive, and Includes all grades of Car
petssuch as Tapestry, Brussels, Axminsters, Velvets;
also a full line of Ingrains and Mattings. The Furniture
was ' originally purchased from well-known Eastern
manufacturers, and consists of handsome Sideboards,
Buffets, Combination Bookcases, Ladies' Desks, Cen
ter Tables, Parlor Furniture, etc., etc.
In future we will handle only the best products
of reliable Eastern manufacturers, and it will be
our aim to lead instead of follow competitors.
We are sole agents for the celebrated Charter Oak
Stoves and Steel Ranges, which have held undisputed
lead in the United States for the past 52 years. Call
at once and look at these goods, secure our prices and
be convinced of the absolute truth of our statements.
The stock contains numerous articles suitable for
Christmas presents, and all Holiday purchases will bo
held until delivery is required. .
Taubenheimer & Schmeer Carpet a
166-168 HRST STREET
lid
furniture Co.
Between Morrison and