THE SUXDA.Y OREGOXIAX. PORTLAND. DECE3IBER 17, 1905.
TftX TITLE CONTEST
FOUR GREAT HOLIDAY SPECIALS
SENSIBLE GIFTS
FOR THE GENTLEMAN
Court Finds for Original Property-Owner.
HAD NO NOTICE OF .SALE
Innocent Purchaser Must Be Reim
bursed for Improvements and
Taxes Paid and Court Will
Assess the Sum.
A. L. Helman. who purchased a lot In
Mi.iinnm;,ii Addition from the Victor
Land Company for 0 and built a house
upon it at a cost of J1300. must surrender
the propery to John J. Kieffcr, the for
mer owner, according to a decision ren
i.rii hv j uri e. Gcorce yesterday. The
trouble Is that the Victor Land Company
hrtA onlv a. tax title to the property.
which it nought to make good by a suit
to quiet title. Judge George decided that
the tax deed was rot legal jn me nrm.
Dlaco and also that the suit to quiet title
wag of no effect because Klcffer never
received any notice of it- Klcffer, under
the decision or the court, must recora
nense Helman for the value of the 1m
jirovcments and taxes paid, and Judge
George will decide as to the amounts. .
Mii Klcffer has owned the property
tlnce 1890. He was away In Alaska for
six years and In 189? the property, winch
U deecrlbcd as lot 16. block 9. Multnomah
Addition was sold by the Chief of Police
to M. M. Bingham, a contractor, for $Si
for a delinquent stteet Improvement as
sessment. Mr. Bingham assigned his in
tcrest to the Victor Land Company, of
which H. X. Sxtt Is the principal officer.
On September 23. 1902. the land company
ued to ;ulet title, setting forth In the
comnlalnt filed that It was the owner of
the lot, and obtained a decree to that
effect. There was no personal service
upon Mr. Kieffcr, and when the wilt was
tried no evidence was submitted. Judge
George held that Mr. Klcffer could not
1 dlve?td of Wis title In this manner,
He must have received personal notice
of the suit or it must be shown lie knew
the suit was pending and neglected to
take any action to defend. The owner
was entitled to know that the suit was
brought contesting his title.
Judge George also held that when the
Victor Land Company because of Its tax
title, when it alleged In the suit to quiet
'Itle thai it was the owner of the prop
erty. was not the owner. Judge George
haa prelobely held that such an allega
tlon in a case of this kind Is constructive
fraud on the court, although the lnten
tlon may not be to deceive the court. The
holder of a tax title can either stand on
the tax title or divest the real owner
through proper legal process.
The court found that the tax deed was
not legal because the notice of the sale
of tho property for the delinquent street
assessment was not such a notice as the
law required should be given to the
owner.
Kleffer sued to recover the property re
cently through U. S. G. Marquam, attor
ney. Mr. Kieffcr will either have to buy
the house or pay the expense of moving
it off the lot. and recompense Helman for
the taxes paid. Mrs. Odlle F. Collins Is
Interested In the case because she hold
a mortgage against Helman for J1000.
Hotmail's redress Is agalntt the Victor
Iand Company. The case may be ap
pealed to the Supreme Court.
KAXKIX WINS HIS CASE.
Change From Higher to Lower Grado
in Civil Service Irregular.
The head of a department of the city
Kovernmcut cannot change an employe
rlo Is under the civil serx'Ice regula
tions from one grade to another with
out orders from the Civil Service Com
mission. Juoge Kiazcr rendered this
decision yesterday In the case of John
Kaiikin, who was a regular Inspector
In the ofllce of the City Engineer at a
monthly salary of $75. Rankin passed
a lvll service examination and was
appointed to the position which is de
scribed as a certain grade and class
number. On Marcn 1 last. City Engi
neer Wnnzer reduced Rankin to the
position of an Irregular inspector to
receive $2.50 a day for each Jay's work
when employed, and promoted Mr.
Gross to the position of a regular In
spector at a salary of $75 per month.
Rankin appealed to the Civil Service
Commissioners serving undex Mayor
Wi'llams. and receiving no redress re
sorted to the courts.
Mr. Rankin continued In employ as
an Irregular deputy until three months
ago. since which time he has been idle.
1'nder the decision of the court he will
demand the difference In salary be
tween what he earned at the rate of
$2.70 a day and $75 a month and pay
for the three months which he lost.
He will also ask to be restored to his
position as a regular.
Inferentlally Judge Frazer decided
that the Civil Service Commission
c-uld change a man from one kind of
work to another, oven lowering his
compensation so long as It did not
change him front the grade and class
to which he had been appointed. The
City Attorney may file another answer
and endeHvor to contest the matter
further.
"The decisions sustains the civil serv
ice so far as It goes." said Attorney
John F. Lopan. one of the counsel In
the case. "It decides that the head of a
department cannot change a man at
will. Whether the Civil Service Com
mission can change him or not Is an
other question. The court did not need
to pass on this question directly in
deciding this case, and though h.t
touched on It. I do not consider it a
decision on that .point."
At Christmas
Look in our windows and see the elegant display of fine
articles suitable for Christmas presents for gentlemen.
DRESSING GOWNS, BATH ROBES Priced $5.00
to 920.00.
HOUSE COATS Splendid selection. Priced $5.00 to
$15.00.
NECKWEAR The most gorgeous array ever shown in
the West. The right style, wide Four-in-Hands, two and
three-quarter and three-inch widths; English Squares,
Strings of latest fashion, wide ends. Priced 505 to
$3.50 a tie.
FINEST GLOVES fownes Dent's, also fine domestic
. makes. Gloves for street, for auto and for dress. Price
range $1.50 to $4.50 a pair.
FINE JERSEY SWEATERS Plain colors and choice
combinations fancy Sweaters. Priced $2.50 to $5.00.
REEFERS and FULL DRESS SHIELDS Fine quali
ties. Priced $2.00 to $5.00.
MEN'S FINE SUSPENDERS Silks, lisles and satins,
silver and gold plated buckles. Priced $1.00 to $5.00.
MEN'S HALF HOSE In latest designs, fancies and
plain, woolens, lisles, cottons and silks. Priced 25c to
$3.00 a pair.
MEN'S FINE NIGHT ROBES and PAJAMAS
Muslins, sateens, outings and imported silks. Price range
$1.00 to $5.00. Silks, $6.00 and $8.50.
FINE TRAVELING BAGS, SUIT AND HAT OASES
$5.00 to $20.00.
FINE CHESTERFIELD SUITS and OVERCOATS for
gentlemen. Priced $20.00 to $40.00.
Any article in men's wearing apparel of good quality
and right in price. Pleased to show you.
R. M. GRAY
269-271 MORRISON
JUST STYLE AND QUALITY
Jury will be made Monday morning, after
which the taking of evidence will be begun.
Suit Over Commission.
Judge Cleland yesterday heard the
evidence in th suit of James 11a gu I re
against Dr. Harry F. McKay .to recover
$.100 commission for arranging a set
tlement with Mrs. Margaret Simmons
In the matter xf the estate of Thomas
Gibbons, deceased. Dr. McKay was the
principal beneficiary under the will of
Thomas Gibbons, and Mrs. Simmons
was devised the Income of certain
property amounting to $33 a month.
Masjulrc testified that Dr. McKay was
wlhng to purchase the Interest of
Mrs. Simmons, and offered to pay
$2500. Maguire was to receive the dif
ference between 52500 and what he
could persuade Mrs. Simmons to take.
Dr. McKay testified that Maguire
never accomplished anything' and that
J C. Moreland effected a settlement
with Mrs. Simmons. She testified that
she received 52050 and Mr. Moreland
retained $460. The court took the case
under advisement.
CHARLOTTE WAS THE BRIDE
Father Connolly's Testimony in Col
lins Case Leaves No Doubt.
SAN FRANCISCO. Dec. 16.-Speclal.)-Father
M. D. Connolly was an unfortu
nate choice among witnesses for the de
fense In the Collins case this afternoon,
in onitA nf ihf fact that he was placed
on the stand by the defendant, he made It
clear that he hart no siiaaow oi aouoi
that he married G corse D. Collins and
Charlotte Newman, May 10. 1SS0.
The reverend father was in attendance
upon the court to tell whaf he knew, no
matter Vhlch side claimed him. It was
only reluctantly that Collins availed him
self of this opportunity and then asked
but a few questions, tending to show that
the priest could not Identify the woman
for whom he performed the ceremony
and had not seen her since the wedding.
When District Attorney Bylngton began
his cross-examination his every query was
met by a volley of objections from the
other side, and Hiram Johnson, who as
sisted him. was equally hindered. Every
vital point the defense seemed deter
mined to keep from the record. Never
theless. Father Connolly declared that he
required the license before a marriage:
that he must be familiar with the Chris
tian names of the parties, as he Is
obliged to pronounce them several times
during the ceremony, and that he had not
the slightest doubt that the records as
made out In his handwriting were correct.
"I believe 1 married George Collins to
Charlotte Newman. Judging from the rec
ords." solemnly assorted the priest.
HE LECTURES ON FUNGI
Professor A. 11. Swcctser Gives an
Illustrated Talk.
"What was pronounced one of the most
interesting lantern-slide talks on mush
rooms ever delivered In this city was
given before the Academy of Sciences at
its monthly meeting in the City Hall last
night by Professor X. R. Sweeuer. of the
State University.
The speaker entered into a careful an
alysis of the whole fungus family, dwell
ing with especial interest on the relations
of lower grades of the species thereto. In
this way the fungi of yeast, rust, smut,
cheese. Jelly and various other peculiar
mold formations of the vegetable kingdom
were taken up.
According to Professor Sweetser. the
toadstools with distinct cups on (he bot
tom were morally certain to be poisonous.
There was no actual test by which the
existence of toxlne matter could be deter
mined, and the only way to find out the
edible varieties was by familiarity with
the kinds that were known to be such.
The speaker did not know of any anti
dote for the poison after the ISth day, and
neither did Dr. Harry Lane, whom he
regarded as the greatest authority in Ore
gon on the species of toadstools.
It was announced that permanent head
quarters had been secured In the room
adjoining the County Treasurer's office,
wherein will be placed the library and
botanical collection, which will be acces
sible at all times to members.
TrlHl of Lauren Pease.
The trial of Lauren Pease for embexzle
ment of 51SO of funds of the St. Paul Fire
& Marine Insurance Company was begun
In the State Circuit Court yesterday, but
nothing was accomplished except the se
lection of the following Jury: H. E.
Noble, W, Cannadey. Charles Cleavel&nd.
J P. Itasmussen, M. Versteeg, Charles
Slgglln. J B. Davis. Charles Rlveara. L.
Barman, A. R. Dunham, W. Wheat ey, J.
C Stuart. The opening 44rc&ss to the
Denver Case Continued.
DENVER. Dec. 16. After the state
closed Its case today in the trial of
Leonard B. lmboden and James A. Hill,
charged with conspiracy to wreck the
Denver Savings Bank, the attorneys
for the defense asked for a continu
ance until Monday, which was granted.
Puts aad Calls Under New Name.
CHICAGO, Dec 16. A number of the
largest grain and commission houses In
the city today Informed their easterners
that after today they would refaee -to
deal la "Wes" aj "offers." Ever stce
the practice of dealing In "puts" and
"calls" has been prohibited by law, a
number of houses have been handling
"bids" and "offers." The dealings In
puts and calls probably will be trans
ferred to Milwaukee, and there was today
a decided increase In the prices of mem
berships In the Milwaukee Board of
Trade.
WORK DONE IN IRRIGATION
Immense Amount or Construction
Done by Reclamation Service.
OREGONIAX NEWS BUREAU, Wash
ington. Dec. 16. A resume of the work
performed by the Reclamation Service to
date shows that 77 miles of main canal.
W miles of distributing system and 16$
miles of ditches have been constructed,
including dams, headworkr. etc. Tunnels
having a total length of three and one
half mll?s have been drlren. Including
mnro than mil nf th mil Rnnnltnn
tunnel. More than 250 miles of telephone J
lines have been Installed and are In oper
ation; 126 miles of wagon road, many
miles of which were cut out of solid rock
In almost inaccessible canyons. 1(7
bridge, and 50 office and other buildings
have been constructed.
The works above mentioned have called
for the excavation of SSO.CO) cubic yards
of rock and earth, the laying of 70.o
cubic yard- of concrete. 12.003 cubic
yards of riprap. 1S0.CW square feet of pav
ing: 150,00! linear feet of sheet piling and
10.0CO feet of bearing plies have been
driven. There have been purchased 130.
000 pounds of railroad Iron, 250.000 pounds
of structural steel, C00.OM pounds of cast
Iron. 1.750.103 feet of lumber, and 7S.0))
barrels of cement. The Government haa
erected a cement mill at a cost of more
than $100,050, which hap already turned
out 15.(09 barrels of cement, and Is now
furnishing about SCO barrels a day. The
pawmllls operated by Uncle Sam have
cut 2.SS0.OD0 feet of lumber from the Gov
ernment reserves.
Two Policemen Dismissed.
At a special meeting of the Municipal
Civil Service Commission yesterday morn
ing, the decisions of the police committee
of the Executive Board dismissing Patrol
men John A. Lee and Joseph M. Scallen
from the local police force, were sustained.
The two policemen had appealed their
cases to the Commissioners, with the re
sult Indicated.
Tax Sal Begins ZCcxt Week.
This wilt be the last week to pay 134
taxes prior to the delinquent sale by the
Sheriff, which will begin Tuesday. De
cember 26 and be continued until all the
property has been disposed -of.
Keep the liver and kidneys in order.
Hood's Sarsaparllla la the remedy to
regulate these orxans.
The Jar of
Coughing
Htmrati ,owst steadily applied,
break the hardest reck. CettgBisg,
day after day, jars aad tears the
threat and lungs until the healthy
tissues give way. Ayer's Cherry Pec-
teral steps the hard Cftughlag. Caa-
sult yo-ur decter freely about this.
"Acer's Cherry Teeterm! h a TtmtAj tktl
feetiMtalaaTerjfcMBe. I tevevtea threat
4U of it Jer fcua cegk oaMc, u4,I
Vbsv wlHkt a spteaaU m4MmKU. leu
Mt reoieaa K tee kijk$y. Xxzx .
Cmw, 2re Fx, Vw.
tw aMtwtel VcHM
f.e.ifr&.,
ALL
THIS
WEEK
Four value-giving holiday specials, offering splendid opportunities to
secure most appropriate and lasting holiday gifts. In these specials are
combined variety and extremely special values, thus offering at this festive'
season some most attractive and economical suggestions for gift-giving. On
any of these specials we will not take any mail, telephone or C. 0. D. orders,
and we positively will make no exchanges.
ALL
THIS
WEEK
13 OFF ON
ALL SIZES
SPECIAL SALE
GENUINE
KIENTAIr
CARPET
DEPT.
SECOND
F L O OR
A worthy Christmas inducement in this great sale of truly beautiful Oriental Rugs. In all the richness of Oriental design and
colorings, we assert that these are some of the best selected and most perfectly woven rugs ever exhibited in the Northwest.
The great assortment of different sizes and designs, of which no two are alike, and the liberal discount which we are making
during this week are items which afford opportunities in the way of artistic and almost everlasting gifts. These rugs are part of
a special importation for both our Portland and Spokane stores.
We quote here a few of the sizes and designs combined in this sale:
18-inch by 34-inch Anatolian Rugs, tegular value $7.50; dis
counted, SPECIAL $5.00
43-inch by 60-inch Shirvan Rug, regular value 20.00; dis
counted, SPECIAL $13.35
41-inch by 65-inch Daghestan Rug, regular value 22.50; dis
counted, SPECIAL .... S15.00
34-inch by 72-inch Daghestan Rug, regular value 26.50; dis
counted, SPECIAL 517.65
36-inch by 78-inch Daghestan Rug, regular value 30.00; dis
counted, SPECIAL V $20.00
39-inch by 80-inch Daghestan Rug, regular value 35.00; dis
counted, SPECIAL $23.35
41-inch by 78-inch Antique Daghestan Rug, regular value 40.00;
discounted, SPECIAL $26.65
312-foot by 10-foot Persian Rug, regular price 50.00 $33.35
NOW ON DISPLAY IN OUR WINDOW
SPECIAL SALE OF
HANDSOME ROCKERS
One of the' best specials we have ever offered. A splendid Christmas offer.
These rockers, in selected golden oak and mahogany, richly polished, combine
not only comfort and finish, but are, in design, strictly up-to-date. They have
high backs and spring seats, the seats being upholstered in high-grade
leather. What more appropriate piece than this for gift-giving. These rock
ers sell regularly for $13.25 ; during this week we have placed
them' on special sale for p7.DU
See These Chairs in One of Our Windows
IN OUR DRAPERY DEPARTMENT
SPECIAL SALE SOFA PILLOWS
Another special which we have prepared for this week. A great variety of pretty
and artistic Sofa Pillows in every color and combination of colors imaginable. Some
of these are made of genuine Oriental hand-worked covers, displaying something apart
from the ordinary sofa pillow styles. Others made up of high-grade and wearable
silks, such as moire and tapestry. Many in handsome shades of velours. A number
in Roman stripes and leather, pyro-etched. A glance over these prices is convincing
of the special values. See the Window Display.
$1.50 Sofa Pillows 85c
$2.25 Sofa Pillows..- $1.10
2.75 Sofa Pillows 1 . .$1.35
3.25 Sofa Pillows $1.65
3.50 Sofa Pillows $1.85
4.50 Sofa Pillows $2.50
5.00 Sofa Pillows $2.65
6.50 Sofa Pillows $3.50
9.00 Sofa Pillows $4.75
12.00 Sofa Pillows .$7.25
NO -DELIVERY ON THIS SPECIAL EXCEPT WITH OTHER PURCHASES
SPECIAL SALE WRITING-DESKS
A piece of furniture both useful and indispensable in the home, which has during
the holiday season always been popular for gift-giving. We have selected some of
our best designs, ranging through various prices, and marked them with a view of dis-
This Desk Special $5.25
posing of many of the remaining samples,
ished throughout.
Desk in golden oak, regularly sells for
7.00; SPECIAL $5.25
Desk in mahogany finish, regularly sells
for 8.00; SPECIAL $5.75
Desk in golden oak, regularly sells for
9.50; SPECIAL $6.50
Desk is mahogany, regularly sells fcr
12.00; SPECIAL $S.0O
These are all well appointed and well fin-
Desk in birdseye maple, regularly sells
for 14.00; SPECIAL $9.00
Desk in mahogany, regularly sells for
15.50; SPECIAL $10.50
Desk in birdseye maple regularly sells
for 16.50; SPECIAL $11.75
Desk in mahogany, regularly sells for
29.00; SPECIAL $14.00
Store Open
Evenings
During This
Week
Store Open
Evenings
During This
Week