I ;., it TIIE OREGON DAILY JOTntNAI POKTLAND, PitlDAY EVENING, OCTOBEB 23. 1903. DIVERSE VIEWS OF cMNo-mm SPOKANE'S CHIEF; STEAMER ALCOA SAYS J. M. SOMHERS GAMBLING POLICY INDICTED TWO, IN A FIST 'FIGHT . EXPECTED (EPinmcADO m pnimv iHiiai It KXXBEB Or THI XIOIS i zarcrxz oiros uv pastkeb or X-ATTOJnEY-OEirEBAI. IUOI BVmy, SATS U WAS XX&-USED 8T tkb roues. . Thrown into n cell at the city prison . 'With 14 prisoners. Including one negro nd one chinaman. U an experience . . , which John M. 8omrar expects to '. make the basis of a damage suit. He consulted Attorney Thomas O'Day this morning. Sommers Is a former mem- . ber of the Indiana, state legislature and at former law partner of ex-Attorney Blackburn t Albany. Mr. Summers Is t ml present employed at the Povey fllnss works, corner of Sixth and Davis ' streets. : Mr. Sommers suld -it "I was walking lown Second stree Wednesday evening, when near the cor rwr of Main street a young lady, who had never seen before, came up to me and asked me where Columbia stree . was. I stopped ami told her that she Was going In the wrong direction and that the street was only about three blocks away. "While I was standing there direct Ing tha young lady a man, whom I had never seen before, came rushing up to me and said: What ara you doing here? lie struck me with terrific force over one of my eyes. I got up as soon as I could and after walking about 20 feet started to follow my assailant when he track; me another blow over the other rye felling me again. Interrupted 1b Vhoaiaf. "I got to my feet and thla time I followed the man to a restaurant on Second and Yamhill streets, where he nd the. woman I had tried to direct. ' went I then telephoned to the police Station and an officer came up and ar- , rested the man. 1 went to the station with the man and officer and then I was surprised when the captain told me that I had to put UP a 33S cash ball ."I didn't have the cash w.th me bo I thought that by chance I. could call u; Mr. Povey at the glass works and h would furnish the bond. " Everybody was out of the office at the time called up, so I asked permission to call VP Assistant District Attorney uttger aid or Phil Metchan. who was a mem ber of the state legislature when I was there. . "TU show you Fits.' said the officer Jn charge, and thinking perhaps that Mr.- Fltsgerald was upstairs, I willingly accompanied him to the outer apart- , rnent . Here I waa violently tnrown into a cell, wnie. .contained 14 as dirty and disreputable prisoners as I d ever , seen, among; them being a negro and a Chinaman. . "It was here (hat I remained walking the floor all night, away from my wife and family, who did not know where I -waa, -I: made repeated Inquiries during tha night and. until the next morning for a chance to telephone seme of my friends and each request was gruffly denied. "In the morning I was taken Into the court and as soon as Mr. Fltsgerald saw me I was allowed to go. he assuring the judge tnat I would be on hand when my assailant's case came up for hearing." -Sommers Is all right," said Mr. Po vey., The next morning rinursaayj i venturer to his. home to see why he didn't come to work. His wife replied that he had not been home all night and waa frightened as to what had be come of him. I then sent one of my men to the police station ana asxea them If they knew anything concerning the whereabouts of Mr. Sommers but they told him that they knew nothing." s , The Folic Story, "I did not know the man when he was brought in." said Captain Bailey who was in charge of the station when ' Sommers was arrested. ''He was some what under the Influence of liquor and Believing that the mauer was of pub- lie. Interest The Journal secured, so It unposi-d, a series of Interviews with majority of the council and the executive board on the subject of the policy pur rued bv Mayor Williams toward gamb ling. On publication of those supposed ntervlews last Wednesday every one was repudiated, Kvery councilman ana every member of the executive board who was quoted denied that ho had been Interviewed on the subject. The Journal aited In good faith In presenting the supposed statements, believing them to be genuine and relying on the cor rectness of the quotations written by the reporter who wrote the Interviews. IveamlnB' that they were not correct, It makes this presentation of facts. The poll of the council and the executive board here presented Is correct. The question asked Is this: "Do you arprove of the policy of licencing gambling adopted by Mayor Williams?" The replies oT the councllmen were as follows: Councilman John P. Sharkey I am heartily In nrrord with every feature of the mayor's policy; taje mayor has been In office more than one year and during that time has had ample opportunity to Inform himself thoroughly with the con dition of the city in all Its brunches, as he gives all his time to the management of Its affairs, and Is brought fact to face 1 with condition or every obstacle, and he alone is the best Judge of what Is the best policy to pursue. If the preachers and newspapers who have assailed his policy would pay as mucn aiirnuun iu their own affairs as they do to those Of the mayor's We might have better news papers, and as for the preachers, well, they could not be much worse. Fred T. Merrlll-"lf that ' Is the best way they can figure it out. It Is the best way to do. The present method of fines is my original plan, over which there waa such a fuss made at first, but Anally adopted. Hut I would get 60 per cent more out of the fines than Is now se cured; not that I wpuld make tha penal ties heavier, but I would And more to fine." C. E. Rumelln "I decline to be Inter viewed on the subject." . ' , A. D. fiherrett "Nothing to say. A. F. Flegel "I am absolutely opposed to the mayor's policy toward the gam blers. I am unqaullfledly opposed to it and always have been." Matthias Foeller "I have nothing to say. B. D. Slglcr "Enough has been said on that nubject already." Councllmen Zimmerman and Bentley are out of the city and will not return for two or three weeks. Councilman Cardwell Is too 111 trf be Interviewed. This Is what meinbets of the executive honrd snld: Whitney I,. Boise"! have nothing to say today." II. W. Ooddard "I prefer not to make any statement at present." It. I.. (Jllsan "I have perfect confidence In the mayor's Judgment and believe that If let alone he will work matters out sat isfactorily." Slg. fllchel "The people know my posi tion. It Is not necessary for me to make any statement. " E. M. Curtis "I would rather not state my views." H. C. Wortman "I would rather not talk of the matter." George H. Howell "No, sir. I do not. and my position In the matter Is well known. I consider the administration of Chief Hunt a failure." William Flledner "I have no statement to make regarding the question." Gen. Beebe is absent from the city. (Journal Special Service.) Spokane, Wash., Oct 23. Chief of Po lice Woydt and Thomas Golden, a fruit wrcnrisBrCT wiz.z. answxb to tbb OBABOB Or MXTBDEBIWO rOUOB- XAW MiATT, ABO j. a caoonrsj r AOXS BIX ZBJOTJH OHABOES peddler, fought In the office of Mayor I n a - a , rOUS nrrOXXATZOarS XIXiXSI). iw .vi cut nau at noon toaay over upiaen s rignt , to peddle figs on Riverside and Spraauo avenues. Chief Wevdt Insisted nn nfA,ln K nnlu Frank Wlnnlshut, an Indian, has. been that neddiera keen nrr th. , tnr. indicted by the federal grand Jury for Uughfarea. and Golden alleged that the nits oiirHuu mum vi iuuiuci ing ciaih i enter told htm ft wniiM h. all rlvht . an niuian, mim uin ui n run tils wagoa if he did not peddle figa. Bprings reservation. Pelatt was a The chief then said imuxn lUii Th policeman, and the . alleged crime ' was utter retalllated In kind and the chief commitiea on JUiy s, iu. ine inaici-i struck the peddler. ment was returned to the district court Mayor Boyd. City Commissioners tnis morning, out me prisoner wia.not Weymouth and Root and other apecta tors interfered, and the mayor 9rdered MORRISON BRIDGE SOON STARTED BXZCUTXTB BO ABO WHIIS TO AWABD THB OOBTBAOT AS SOOB as roirata ABO WIU ax roa BIOS riVABS ABB ADOPTED ABO rotfa stabs win as vszo. could not say much about hlmBelf. I could not find out who he was so as to satisfy myself that he would be In court to testify the next morning. "It is a rule of the department that complaining witnesses must either be locked up or give bail for their appear ance. If It Is right to lock a person up 1 It Is proper that the appearance of the complaining witness should be assured. Of course -where we know the witness and are sure he will apear we, do not re quire any security. . .v "Mr, Sommers said he had no money ' for ball and said he would stay .it out, whereupon we. held him over night Officers . Siover and Gassett, the later . acting as Jailor, were at the station at . . the time. I permitted Sommers to use ' the telephone and he certainly haM am- . pie -. opportunity to notify hla friends He tried to get Povey at his office but failed and then attempted to reach him at his house but could .not. Then he ' said he wanted to send word to Assist ant City Attorney Fitzgerald. "Last night Mr. Povey called me up and asked why I had not permitted Sommers to telephone. I told him I bad but Povey would, not take my word mo I told him I would not talk further with him." - ' Sommers denied today that he had . 'been drinking. , t ' ' -n Sommers appeared as complaining wit ness against - F. Dennison, who was charged with drunkenness and also with assault and battery. For striking Som . : mere he ' was fined )1S, while on the other charge the case was continued un--til tomorrow. The principal feature of the session of the executive board this afternoon s the acceptance of the plans and specifications for the Morrison street bridge and Instructions to the city audi tor to advertise for bids. The cost of the structure is limited to the appro priation of $400,000, provided by the last legislature. At the meeting of the special commit tee yesterday afternoon City Engineer Elliott presented a set of drawings and plans for the proposed bridge. The new bridge will be feet wider than the present one. The draw will be 60 feet longer than the old span and will be arranged to lie with the current when open, at a slight angle with the spans, allowing a better passageway for traffic. It has been decided to publish the advertisements for 30 days, st the ex piration of which time the bids will be opened and the contract awarded. The desire of the officials is to hasten the work as much as possible. The general dimensions of the new bridge are about as follows: Length, 1,200 feet; roadway, 36 feet between trusses; two seven-foot walks for pedes trians; approaches to the bridge will be the same width as the adjoining street There are to be four spans, with the draw span. Instead of the five used in constructing the old bridge. The plans provide for 107 feet of clear space on each '.side Of the draw. The time limit allowed for the con struction of the bridge is one year from date of award of bid. Streetcar traffic is not to be Interrupted for more than SO days. COUNTY WINS AN. IMPORTANT CASE JTTBT BETUBBI TXBOIOT TOB COUHTT XB OA8B AGAXBST PHOT EafXXBB ABO OTBE&S TOB OAM AOB OOBB MOKBISOB BBJOOB BT BTEAKEB ALBtOBO BBABOX. ROASTED BY JUDGE FOR SCALDING DOG GILROY WILL NOT ? LEAVE JAIL CHUMS ' Not satisfied with an easy job as . "truBty" about the police utatlon, John Gliroy, serving 20 days for vagrancy, escaped several days ago, .but he re turned to his old haunts and was ar rested by Patrolman John Goltz this morning.. OUroy is a youth of 18 who bears a bad reputation with the poll.ee, He was con victed October 5 of vagrancy and' Judge ." Hogue ordered him to spend a month in confinement B.eca use of his youth the j Officers did. not send him out to work . with the chain gang;. but kept him abouj, ":ihA tataHnn rt lpln rl..fln tin. s Several -days ago Gilroy was sent to the patrol wagon stable to help Driver i Gruber repair some saddles. The officer took him to a harness shop at First and . Pine streets and "while the 'officer was . ' setting a bill in the office Gilroy -slipped , out of the front door. The. matter was . kept quiet and the officers made no ef ' . fort to find the fugitive, they believing H would be a good thing If he left the elty, ' Hut Gilroy returned to his former i haunts in the North End and when Pa- - troiman Golts found ; him on; Burn.side street he arrested him.' Now Gilroy, who - Jtas still two weeks to srve, will do time . with the chain gang on the streets. (Journal Special Service.) Spokane, Oct. 23. Emil Johnson, a large, fat man. who conducts the lunch counter In the Metropole building. Howard street near Front avenue, was fined 125 and costs by Justice Hlnkle this afternoon for having cruelly scalded a black spaniel dog belonging to Eugene Aitken, who runs the Snowshoe saloon three doors away. "I scalded the dog because he barked at the door and hung around," explained the lethargic Mr, "Johnsoni as ' If this absolved him from all blame. The dog, although scalded three days ago, was in court as evidence and still showed the effects of the agony It has suffered. The court expressed the belief that he could not conceive of more barbarous cruelty than that which had been dis played byJohnson. -H TACOHA DOES NOT WANT PRIZE FIGHT The Jury In the case of Multnomah County against the Willamette & Co lumbia River . Towing company. Pilot Emkins, the Pacific Export Lumber com pany and William Mltchelk former cap tain of the towing steamer Vulcan, re turned a verdict Mils morning In favor of the county. The Jury was out from 11:45 a. m. yesterday until 10 a. m. today. This morning the Jurymen were brought into the court room that they might ask Judge Sears certain ques tions regarding his charge. One mem ber, who Is said to have been holding against the others, asked the court if they could find Capt. Anderson of the steamer Almond Branch guilty. He waa promptly told that they could not do so, Judge 8ears Saying, "You ' cant bring In a verdict against him any more than you can against the king of England." The suit was for. IS.C72.82, and was brought in order to recover the costs of repairing the Morrison-street bridge, af ter It had been bumped Into by the British steamer Almond Branch, Feb ruary 19. 1901. The steamer was in tow of the Vulcan at the time of the acci dent and both vessels were In charge of Capt. Emkins. The Almond Branch was chartered by the Pacific Export Lumber company. Attorney Ralph R. Duniway conducted the case for the county, and this morn ing's verdict Is regarded as a great vic tory for him and for the taxpayers of this county. He will move that the sum which has been allowed be In creased to three times the original cost of the repairs. Mr. Duniway has been kept busy this afternoon receiving the congratulations of his friends. The defense, which was represented by W. M. Cake. C. E. S. Wood and J. Couch Flanders, attempted to prove that the cause of the accident was that the orders given by Pilot Emkins were re versed by commands given to the en glneers of the Almond Branch by Capt Anderson of that vessel. It Is reported that the case will - be appealed to the supreme court. be arraigned before Monday. An Indictment was also found against J. C. Cogglns of Eugene, who Is ac cused of altering three postal money orderd and of uttering them. The In dlctment Is returned In six counts. Cog gins also was not arraigned, but will' be soon. ' The case of Winnlshut Is ono.lnvolv Ing a rather fine point as to whether or not he Intended to kill Pelatt, the kill- Ink beiiig not denied'. He waa on horse back at the time, and was striking at someone ahead, as he was about to be arrested. It will be claimed that he accidentally struck Pelatt with his knife, as he drew up to straighten In his saddle, tho weapon entering Pelatt's mouth and the victim bleeding to death. The government will allege Intentional killing, and strive to convict for mur der. Coffins' Case, Cogglns is accused of erasing the name, "Win. stool" ana tne worus ou cents" from a money order Issued In Palb Alto, Cal., and writing In substitu tion "Wm. Btroad" and "$35:" of erasing Wm. M. Stroad" and "50 cents" from another order and substituting "Tplmles Trover" and "336; of erasing "W m. Stool" ind "50 cents' the trouble to cease on penalty of clear Ing; the room. Golden Is a one-eyed man and has amassed wealth a a peddler. He retained Danson Huneke, one of the biggest law firms In the city, and says he will have the chief arrested this evening for assault and. will carry the matter to the city council, demanding Woydt's suspension on the ground that he has violated his oath aa a' peace of- ncer. :. , , - : ,; , , ; Chief Woydt came Into police court this, evening to plead guilty to assault. out rerusea to aiscuss the matter. XBTBBT10B TO BATB XZB BJBAOT TOM SA TXZS KOBTB b'aBO OTPBA1AMBA Will, TAXB OUT 13,000 TOBB Or BXOV OK TatXXSj BE XT TBI. J ." This evening'- the steamship ""ai. . oa,r under charter to the Portland-As!-. atlo company will arrive In ;. port '' dm crmnciaco, ' one ! Com ing In ballast and soon after her arrival The affair has created a hi aonaatinn I will be ready to begin taklns on tirm because of the chiefs dictatorial man-J0P Japan and China. A big shipment ner and recent raids made on gambling I ct nour and other freight Is awaiting nouses ana au-mgni resorts in the ten- I ur a l" Aiona hock. derloln. YOUR EYE ON MUCILAGE PEDDLER NATIONAL'S HARD LUCK CONTINUES (Journal Special Service.) Tacoma, Oct. 23. Mayor Louis D. Campbell today Instructed Chief 'of Po Ike William Fackier to prevent the prize fight tonight at the Tacoma theatre between Rufe Turner of Seattle and Jack McClelland of Pittsburg. The same match was called oft last Friday In Seat tie by an, order of the prosecuting attor ney s office. y W. C. T. U. HOLDS ANNUAL ELECTION (Journal Special Service.) Salem. Oct, 23. The W, C. T. U, tte convention elected the following officers today: Prebldent Mrs. Helen Harford of Newberg. Vice-PrKldiit-'-Mrs. Eva Wheeler 'Of Cottage Grove. wt'' Corresponding Secretary Mrs. Henri etta Brown of Albany. Recording Secretary Mrs, S. M. Kern of; Portland. . . - Treasurer Mr. Shane of Portland. ABBS UTTXJ, ZB JAXL. ' " . Journal Special Service.) New York. Oct 23. Sam Parks is still bt a cell today unable to get !S,090 ball on his last charge of perjury.; JIe a a be Is down and out, J " ' ZBSVBABCB AOTABCES. (Journal Special Service.) London, Oct. 23. Lloyds' insurance rates to , the far East have been' ad vanced 100 per cent since v yesterday to cover risks If war be declared betwe Russia and Japan with the. next three months- - The case of Peter Hobklrk against the Portland National Baseball club, J J. Grim, C. Emmet Drake. W. H. Lucas and the Hawthorne estate was on trial before Judge George today. Hobklrk sues to foreclose a mechanic's lien on the buildings ot the former Portland National club grounds. He alleges that he made a contract to erect certain build ings for the club, for which he was to receive 33,900. This work is said to have been com pleted April 16 last. Later he made other building improvements on the grounds which made the tdtal amount clue him reach the sum of $4,150 Of this amount, Hobklrk states that he only received 32,00.0. He filed a lien on the buildings, etc.. July -3, and an other five days Inter. - It Is charged by the attorneys for the club and the Hawthorne estate, W. L, Boise and John T. McKee, that the lien was filed over 60 days after the work was com pleted, and Is therefore void. -Hobklrk Is represented by Senator Simon. COMING TO CLAIM SUICIDE SON'S BODY Coroner Finley this, morning received a telegram from Capt. James Thompson, master of the iritish Bhip Euphrosyne, now lying at San Francisco, stating that he had left for Portland to claim the body of his nephew, John Thompson, who shot himself through the head at Willamette Heights Monday night The young man left San Francisco several weeks aco. Koine to Vancouver. B. C. Later he came here and to his friends appeared in the best of spirits. DEPARTMENT THOUGHT HOWZE EXONERATED ' Washington. D. C, Oct. 2S.--The offi cers report that the Investigation of the charges against Major Howie for cruelty to Filipinos preferred by General Miles was received at the "war depart ment, but was- not made public but it is understood Ulowxe was exonerated.' and substituting "Wm. M. Stroad" and "125," and of uttering, or passing, these three orders. The alteration of the orders are each one cdunt. and the utter ance of each constitute each one coun making six in all. Witnesses in the Cogglns case were A. J. Tolmle. John Hampton, R. E. Eastland and A. R. Butler, and in We murder cane were J. E. Kirk, James Hennlng, John Anderson and Jerry HolllquiUa, interpreter. Whisky to Indians. Four Informations were filed also. against Allen Bnrnhart for Introducing whisky on the ITmatilla reservation on July 7, 1903, and disposing of it to In dians; against A. p.. on, for Belling whisky to Simon Whitman and Shet-to-mow nl-as, Indians, on May 2, 1903: against Jack Gebhart for selling to Chariie Trumps, an Indian; against Al bert Barnhart for introducing whisky on the Umatilla reservation and selling it to Indians. Clyde Lloyd was under fire before the Unltod States grand Jury yesterday. He was on the witness stand for the govern ment In the hearing of charges of land fraud and conspirary against Horace McKlnley, Marie Ware and S. A. D. Puter. He is reported to have said that he had dealings with Puter. and had found him honest and reliable. He had had trouble with Horace McKlnley, a matter of difference on account of a lawsuit. McKlnley had sued Lloyd, Lloyd's father and Willis Gilbert of Ashland, Wis., for 310,500 as his share of certain commissions. The suit still is, bending. It was begun several months ago. "After or before the beginning of pro- ceedlngs against McKlnley In this case we are now interested in?" Is th ques tion said to have been put. "Before this case was begun," was the reply. A Profound Sensation. It was the second big sensation of the hearing. The first sensation was the testimony of Edwin Hobson of Eugene, that he knew that several persons In Eugene were acquainted with Robert Simpson, the man alleged by Lloyd in his affidavit to be fictitious. According to a Portland lawyer, the questions of the motive of Lloyd and the existence of Simpson constitute the whole case. If the defense can estab lish, to the satisfaction of the Jury, that Lloyd had a motive In making the charges, and then prove that Simpson really exists.- It will be strongly forti fied against attack. Simpson the Central rigiire. Lloyd was called on to explain the presence . of his name on the deed whereby Robert Simpson (one of the six men alleged by Clyde Lloyd to be fictitious) conveyed land to Edwin Hob son. It is understood that he said that he affixed it without seeing Simpson, depending upon the word of McKlnley that it was all right. Lloyd made the original affidavit that Simpson and the five others were not real men, but myths born of the imagin ation of McKlnley, whose names were forged to the papers signed by the per sons accused In the process of locating and proving up on their claims. Today it was understood that testi mony was introduced to prove that Simpson really . exists and - onoe - visited Eugene. It was even reported that Clyde Lloyd introduced Robert Simpson In Eugene. Xnew Blmpson Personally. There was some sort of sensation this morning, the exact nature of which it is difficult to establish, beyond' that it is believed that E. J. Fraser. an'lmmlera tion agent for Southern" Oregon towns, a resident of Eujrene, substantiated the previous statement of Edwin Hobson that Robert Simpson was known to have been In Eugene, and was known personally to several persons there, Fraser stated, according to the report, that he himself met .Simpson, was In troduced to i Simpson.' by-Clyde Lloyd, and negotiated with htm a deal for the naleof the identical quarter section of timber land which Simpson conveyed to Kdwiir Hobson after " receiving the patent therefor. Fraser is reported to have said that oiners in jtiugene are acquainted wun Simpson, and it; is rumored that some of those other persons will be sub poenaed before the grand Jury to testify on this point. This being the case. It will be lm possible to complete the case today. and it is quite1 certain that it will go over until tomorrow, and perhaps until next week, The case of . T. A. Wood, accused xf pension irregularities, occupied part of the time today. ' Many witnesses were present and of them a large number were taken Into the grand Jury room. Most of the witnesses appeared to be widows of deceased veterans of the In dian wars. "Guaranteed to give satisfaction until used." It's only a little sentence and. it may sound funny,' but If you see It printed in an inconspicuous place on a bottle of mucilage,. Just hand the bottle back to the peddler who Is trying to sell It to you and say "Not any today." V good many unsuspecting housewives of Portland, however, have not taken the trouble to examine the label In time. It Is said, and as a result are minus a little money and plus some valuable experience. V smooth-talking man Is the sales man, lie pretends to sell a brand of mucilage made tn New York. To make a sale he gives a practical demonstra tion of the value of his preparation. He from aiother order says It will cement crockery, and can The Algoa la accredited with bin wi . .... ... . - " mniir in aver came up the Columbia river. She 'has a net reg istered tonnage of 4,197, but Is capable of storing in her expansive holds 10,000 tone. On December 13, 1897,' she car ried from Portland. 10.112 Ions- tons mt wheat" - ' : , ... ... The Steamer la 416 feet long, 5 feet acrosp ber beam and haa a depth of hold Of 21.4 feet She belongs in Liver. be used to mend anything. His usual I P00'- and was built at. Sunderland in test is to glue . two pieces of paper to-M'- 8h is fitted up with electrlo gether with mucilage from a bottle 11"hte. and Is modern In every partlcu which he carries. The pieces of paper Her skipper la Captain F. O. Hans are stuck together so tight that In try- tor- Ir-g to force them apart one tears them. Tn Poplar Branch and Lime Branch That usually fetches the housewife, who ar among, the other large steamers la always wanting to mend some chipped wh)cl1 nave visited Portland tn recent trifle about the house.. - Tha uiumin year. The former has a net res-later offers his wares for IS centa a bottle, I ' 8-7' ton-and the latter J, 4 8 tdns. two bottles for a quarter. I . The Indraaamba has discharged all After he is gone and the purchaser ?'L .wW?rtSr,w,t U now wa,tln' h. rHii.... ... ..... ..I a berth to be made vacant for her at won t flue anything. It is said that the i?,Jn1"" .bef?.r n5v,n cross the river salesman uses a bottle of tha aenuin " "ul preparation and sells bottles similar in appearance but widely different in con tents. He can t be prosecuted if he is caught, for there is the label: "Guaranteed to give satisfaction UNTIL used." . . dTEST NEW LAW OF DEPORTATION VICTORIA OATTTZSB ABO I.0UI8B Z.ZA BLABS A BTBOZTQ fXOXT AOAXBST TBB ATTEMPT OT ZB- SPBOTOB BSTZU TO SZrOBT TBXX TO FBABCB. WI3COBSIB TBAOEEBS MUST. (Journal Special Service.) ' Sheboygan, Wis., Oct 23. The North eastern Wisconsin Teachers' assocta tion began its annual meeting here to day with a full attendance of members from the entire section covered by the association, A two-days'.i program has been arranged which, calls fai papers, addresses and . discussions covering a wide range of educational topics. The petitioners in the deportation cases won the first point today, in estab llshing to the satisfaction of the court and the United States attorney that there was no statute prior to the act of March, 1903, prohibiting a woman of immoral character from coming into the United States', unless she were im ported. No further action was taken than to hear a statement from the district at torney to the effect that he had searched the statutes and found that the conten tion of ' the defense on this point was true. Judge Bellinger postponed the case, with consent of the counsel' on both sides, to 10 o'clock Monday morning. The caaVs arising' out of the order for the deportation of two French women In Portland, Victoria Gautler and Louise Lea, were up again this afternoon. When the case came up at 2 o'clock the task of the court was to settle the questions as to whether or not Victoria Gautler, who arrived at New York from France in November, 1902, was subject to any statute prohibiting any foreign woman from coming to this country to ply an Immoral vocation; whether or not the prohibition of the entranoe Into this country of such a person had been made Illegal only by the passage or the act of March 3, 1903. subsequent to the arrival of Miss -Gautler, which, being the case. Miss Gautler could not be kept from this country, .unless she had been Imported, the former statute being clear upon that point; and whether or not Miss Lea, who arrived in August, 1903, after the passage or the act, was subject to deportation, even though she was admittedly -of the character. Indi cated by the inspector, if she had sue ceeded In gaining an entrance, and was no longer an Immigrant. The case of Miss Gautler as presented by the defense rested upon the law prin ciple: that no statute can be made re troactive, and that. Miss Gautler hav ing come prior to the passage of the 1903 act, she was not subject to its provisions-so . far as concerned the issue involved in this case. ( As to Miss Lea's case, while it was admitted ' that she was of the character claimed by Inspector Estell, and that she came after the passage of the 1903 act, the question arose as to whether or not the . 1903 act provides a method of deportation, or, in other words, whether the- statute may be made operative in reference to a person who has gained an entrance to this country, and Is no longer a newly arrived Immigrant. There was no dispute that, were she In the ship at the port, Bhe could be ex cluded and must be carried back at the expense of the ship that brought -her. or iof -the Person, If any, who" brought her here as a procurer. The defense urged that Miss Lea is here, is not a, newly arrivted immigrant and therefore does noPwame under the provisions of a law that lJWejvefl reg ulation of officials in handling immi grants. . f EAST DRIVING CLAIMS A VICTIM TBOJtAl - WXAXXB ZBOOXXS OOWB TJBOBB TBB BOOTS OT A TABaUSBV XOBftS ABO IBJTJBBO , TBB OBXYZB. WAS SPZXSZBa TOB A OOOTOB. Thomas Whalen. an old . and well. known resident of. Portland. 1 was knocked down by a horse at Seventh and Washington streets this morning and seriously hurt The driver, B. Innes, a farmer living I loading yesterday afternoon. on the Cornell road, was arrested h Patrolman Slg My res and charged with reckless driving. He waa released on 15 ball. Mr. Whalen showed bis forgiv ing spirit by saying; to Innes: ir I dont feel any worse tomorrow than I do today I may let you off if you pay my doctor's bill." The victim of . the accident ears he was crossing the street when Innes came along at a high rate of speed. The horse struck Mr. Whalen, knock ing him to the pavement While the buggy wheels did not pass over him. the horse struck him in the side and stepped on his hand, tearing off a finger nail. Dr. Sternberg attended the In- age. It is the Intention to have her ready to put to sea by October IS. The Algoa will probably sail a couple of daya later. Both, vessels will have J3.000 tons of flour aboard, besides a large quantity of other freight. The Algoa la a fast steamer, and they are expected to reach Yokohama at about the aame time. Several grain vessels completed their cargoes yesterday. Among them were the Grand Duchess Olga, which loaded at the Irving dock, the German steamship Elba at the Oceanic, and the Dunslaw at the Portland flouring mills. The letter's cargo consists of 10.720 bushels of wheat and 8,430 barrels of flour, hav ing a total valuation of 884,(81. Fig ores from the other vessels are not yet obtainable. Considerable activity is also notice able among the lumber fleet The ship Two Brothers got away from St Helena yesterday after a stay In the river of ' about four months. She took on part of her cargo at Vancouver, but went aground and several weeks elapsed be fore she could be rotten out into deep water. She then went over to St' Hel ens and finished loading. The vessel baa on board 775,000 feet of lumber, and Is drawing 81 feet ef water. ' The schooner Andy Mahoney finished Her csr- go consisted of about 750,000 feet, and her destination Is San Francisco. Inman-Poulsen A Co. are the shippers. &CABXBB BOTZS. Astoria, Oct 22. Arrived at 11:30 a. m., achooner James A. Garfield, from San Francisco. Arrived down at 2 p. m British bark Australia. ' Left up at t p. m., steamer Alliance. Left up at 4 p. m., steamer, Haydn Brown. ... St Helens, Oct. 21. Passed at 4:10 p. tn., steamer Columbia, at 7:85 p.,m., steamer Alliance. Ran Frnctco. Oct. -It. fl&1w1 Jured man and anticipated no serious schooner Marconi, for Columbia river, results, unless the Internal Injure- proves Astoria. Oct 83. Condition of the bar worse than It is now Believed to be. at 8 a. m.. smooth: wind south: weather When placed under arrest Innes told cloudy, of having a very sick wife at home and Arrived at :4S and left up at 10 a. m.. said he was coming to the city for a British steamer Algoa, from San Fran doctor, the story touched Mr. Whalen's clsco. heart and he said that he might not pusn tne case. Arrived at 9 a. m., steamer Homer, from Alaska. San Francisco, Oct 28. Arrived at 8 a. m., ateamer George W. Elder, from Portland. , COMMISSIONERS SAY A BANK IS UNFAFE NEW APPOINTMENTS AMI PFTIPFMFNT?. rTrtn'rtinl finaoln! tSAe-vlA " If 4 All sVil Aflstfi 1 A Sacramento. Oct. 23. The board of bank commissioners' report to the gov ernor decided that the International I The following appointments under Bank and Truat company of America civil service rules have been confirmed waa an unsafe corporation to continue by the executive board: to transact business and the commission Police E. L. Crate and H. C. Wilson, will take control of the property and ef- patrolmen. fects in accordance with the law. The Fire Department George Baldwin, bank recently closed its doors in San driver engine company No. 3; H. Hem Francisco. It Is a branch of a Mexican nre. enrlnear: Georara L. Stewart, ra. bank. BOY FALLS UNDER ALBANY STREET CAR MANY CLAIMS HANG ON ONE DECISION In an argument on demurrer in the case of Caroline Schroeder, who has brought suit against Multnomah county for 12,000 for injuries received In the Morrison street bridge accident last July, Schuyler C, Spencer, attorney for several claimants, said that he knew of 23 suits that would be filed if tb court decided the county to be liable, - Other attorneys have said that at least 80 cases would be filed in the event that the court decides that the bridge is a road.. Mr. Spencer said in his argument that in case the county failed to keep the bridges across .the river in proper re pair It was liable in case of an-acci dent. The statute provides that the duty of operating, repairing and caring for the bridges be Imposed Upon the county. The attorney also said that by the pass ing of this law t&e bridges became a part of the" county t roads. Deputy District Attorney A, C. Spen cer and. Charles H. Carey, who appeared for. the defense, laid that the. bridge was not a legI county road. nor. a part of one. Mr. Carey cited the fact that the last legislature passed an act 'au thorizing -the city,-who owns the bridge, to remove the structure and build a new one,: The mere fact that the bridge was turned over to ther county court did not makeLjlt-a-county-roadVatated ttre at torney, and be cited decisions on that point ; -!'.. ' i Albany. Or.. Oct 28. Stowell. the 12-year-old son' of Fred Dawson, a prominent druggist fell under the Al bany street car last night and had his right foot crushed at the ankle necessi tating amrmtafinn HaIaw tha Irn.. Tk. boy is a bright young fellow and very w- Klngsley. extra man; Raymond Hoff, popular with all. He was superintend- exr ma ' . .1 oirtrci Cleaning AscyBf itnum j Ullll Sohler and Joseph Oberle, laborers. lief engineer and master mechanic; T. C. Smith, engineer; H. Hyde, extra man; E. Oliver, extra man; C. Havenden, extra man; Emil Harr, extra man. Street Cleaning Department Joseph Oberle, Frank McDonald and Richard Ray, laborers. The following retirements have, been accepted: Police Department H. Austin, patrol man. Fire Department James McGraw, driver - engine No. 8; J. D. Perry, en gineer company No. 1; George-L. Stew art, engineer; G. Montague, extra man; ent of The Journal carrier service. VICTIMS OF FIRE LIE IN ONE GRAVE The funeral of Charles M. Patterson and his wife, Mrs. Helen- Patterson, me viotims or tne nre in East Wash- BIG REWARD FOR A BOY'S RECOVERY (Journal Special Service.) Norton, Va., Oct 33. Two thousand lngton street last Saturday night took men Joined the search for Wents . to- place this morning from ' St Francis' I day. The reward has been Increased to church . on East Oak street I 350,000. The parents are still hoping The procession left Dunning and Cam- that their son will be restored. plon s undertaking establishment at 8:80 o'clock and proceeded to the church,! Iteaoises Local Stacks. wham a - larn ' nrtwA t Han Francisco. Oct. 3.-10:40 a. m.I-, friends waa nraaant Tha naVto I 1 ' Bid. Aiktd. r - -- , . . . , x Dtrft cbvts water .,. a tures of the aged couple who met such spring Valley Water .............. w a tragic ena arter a .life filled with b" Francisco-Gas Bieetne reverses, called forth the sympathy of I S!ant.fy S ' tnanv imrnalntinxM Th. ...n.A. .... I ."i0". rOWOer ,.4.,..,.... j - . wn 1 -Hawaiian sugar delivered by Rev. Father Black, ' who Hr-nokee Bug-ar .. SDOke kindly of the aired DeoDla who KUlaaaa Sugar .... were pursued so relentlessly by fate, M.'f 'r.e"?." mv. ,v ... ' I Oi-emet Sugar ........ rwmi av uu va. vi jr cam- I Jauhau Hnir ,. etery, ' Alaska Packers' While there have, been rumors of In cendiarism regarding the fire, the facts were not sufficient to warrant Coroher Finley in holding a it Inquest -. .... OSVsj - ::::::::::::: u 46 40 Tt 8T S a e Ae a a a 32 S3 I5tt ie 100 .Stooeinta, Shipment sad Clearances. Chicago, Oct 33 Tha primary receipts sbowi pr Ago. Today. Is. BURKE, IDAHO, HAS A FATAL CONFLAGRATION Buabeh ........1,041,000 49,UUU Bnshcla. 1,888,000 410,000 Spokane, Wash., Oct. 23. A lire at I Burke, Idaho, . last night consumed the Miners' Home lodging .house and burned I anasiie: No. John Snyder and M. P. Freeman, lodgers. Wheat- .....i'.. Corn .......... Tha ahlDments Wheat 8T4.0W 801.000 I Corn .................... 4T4.O00 408,000 Tne clearances wart! wneai, sis.iwio nnaneia; flour ei.OOO bamli : enrn. 832.000 baabela: o. 68.000 bushels... Wheat and Dour cansi 483,000 bushels. . J : - - 1- ' Chicago Cash Wheat, Chicago, 'Oct 83. The Mh wheat f markit at soon was:. No. S red, MgMc: No. red. a nara , winter, mxqww. Ho. tai to death. Mrs. Brand, the; proprietress. I S hard winter, T(3Oe Ho. 1 Nfc-thrn spring, Freeman, lods-era. : rern spring, ozmbjc; ao. j were so badly burned that they may! die. 8i-or- seven-mal dwellings were destroyed. The. monetary damage Is small : .... pring, 7Ti81c. Liversool Cotton Close. ' Urtrpool. Oct 33. Cotton r!oe4 3 points lower tba yesttrday's cloea. to t i I