The Oregon daily journal. (Portland, Or.) 1902-1972, February 29, 1904, Page 4, Image 4

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    TIIK OHEGQN DAILY JOPKNAL, PORTLAND. il6KDAY EVENING, FEBBUAHY 20, 1904.
HOME BUYERS ARE
IN THE REVOLT
1 V'V.'i - " " i i i i i - . . 'v '::
Suit Filed Against C Guy Wakefield to Re-esta-.
. Wish Mortgage Wakefield Presents His
' Defense and Makes Promises.'
Alleging that a mortgage for $1,000
which it held against C. Guy Wakefield
and Christina. Wakefield, his wife, was
fraudulently canceled, the Order of
Fraternal Home Buyers filed suit
through Attorney George W. Joseph In
Ihe state circuit court this afternoon,
asking that the mortgage be re-established
and foreclosed. Wakefield was
formerly secretary and manager of the
; corporation and is now hound, over to
the federal grand Jury on the charge of
using the -mails for fraudulent pur
poses. : ' '- '
It Is stated in tfie complaint that on
, October s, 1902, Wakefield purchased
, lot I of block 1 In the Evans addition
to Alblha, a district of this city, from
Elle'r'i Piano House. This lot wan given
as security .on a mortgage for the loan
of $1,000 io Wakefield by the order on
July 1, 190$, and was recorded on July
22.
Ontil January 1. 1904, the complaint
writes, Wakefield had entire control of
i the property of the order, of which he
' wss secretary and manager, and lnflu-;
rnce over the president and other offi
cer, of the corporation. On July 28,
10J, it is alleged, in order to defraud
the corporation out of payment of the
Bote, he caused Ross Nicholas, at that
time lta president, to cancel the mort
gage, a satisfaction being entered on the
margin of the page upon which it was
recorded.
It is stated that the corporation has
never received payment of the note and
that both Wakefield and Nicholas, were
aware ef the fact. . Suit Is brought to
have fthV mortgage re-established and
foreclosed for the costs of the suit arrd
for an attorney's fee of $180.
C Guy Wakefield makes the follow
ing statement of the status of the Order
of Fraternal Home Buyers and his
plans for the future: f
Portland, Feb. 2. To the- Editor of
The Journal: 8o many comments have
been made on the troubles of the Order
of Fraternal Home Buyers, mostly un
favorable to the company as well as my
connection a with the company, that I
believe 4 fair-minded public will be In
terested in knowing just what it la al
about, and a plain statement of the
facta In the case,' as well as to what is
. to be done with the company, and how
the pTsopTerwiTT far e"Whmiava been dot
investors. - i am sure mat any state
ment from me will be subjected to con
siderable adverse criticism, but the
facts can be easily proven by the rec
ords of the company as well as by the
- testimony -of- manp person -who --will
verify my statements.
A Matter of Piffrires.
"Relative to the trial . Itself before
the postal authorities, I will say that
the one question to be settled there Is
whether we can take $40 of a man's
money, take out $10 of the $49 for ex
penaes. keep the money for 20 months
where it earns no interest and then re
pay the $40 with $2.11 interest 'Any-
- one can see that we can do this If al
lowed the two thing which: other fra-
- ternal orders depend on for an existence,
vis.: lapsatlon and a moderate amount
of new business. The lapsatlon re
quired to pay all claims when due
(which would never b necessary, as
but a small percentage' pf the people
would withdraw) would be 12.2 per cent,
which would equal one fourth of the
lapsatlon of the Metropolitan Life In
surance 'company for last year and one
third of the lapsatlon of the Modern
Woodmen for 1902. ' The new bualness
required would be 25.1 per cent of about
one fourth of the business done for the
first 20 months If secured the second 20
.months, would enable us to pay all
claims when due. Now please get the
facts and figure this out before con
demning It The figures will prove It
Some falsehoods. "
a "The statement that the money 'spent
in putting the company on lta feet came
out of the members and that there is no
equivalent in the hands of the trustees
In the form of mortgages such as there
would have been if the money had been
. loaned to other people besides my
friends, which has been made repeatedly,
is untrue and Intended to place me In
a false light before the public. That
money after it was loaned to my friends,
and the company had adequate security
for the amount loaned, was the property
of the party who gave the security, and
he had a peifect right to throw it into
the river If he wanted to do so. If I
secured the use of this money and spent
It in paying the expenses of the busi
ness securing the friend" in some way
for the private loan which was accep
table to them until the company could
pay its own expenses and I could pay
back to them the money loaned out of
my salary and dividends from the com
pany. I had a perfect right to do so,
and that is exactly what has been done.
I want every one to understand this
fact: The money spent to put the com
pany on it feet came out of me.
security la Oood,
.' "The statement made repeatedly to the
effect that the security Is worthless is
false. Which is proven by the fact of
, there having been paid since the hearing
POSTMASTER ASKS
FOR MORE CARRIERS
"I will send forward today a request
for two new carriers," said Postmaster
F. A. Bancroft this morning, "to cover
the territory between Meade and
Thomas streets, in South Portland, and
that adjacent to Ockley Green and North
Albina. The petition for the proposed
new South Portland route lias the signa
tures of 121 head of families and shows
there are 88 blocks in that district with
no carrier. The one from Ockley Green
YOU CAN CHECK A
HAT AT CHURCH
1 A cheek room in church is an east
ern Innovation Just Introduced into Port
land at the First Chun h of Christ Sci
entist, which yesterday held its first ser
vices In the new quarters In the lower
hall of the Scottish Rite cathedral, Mor
rison and Lownsdale streets. The ex
periment was tried with success. Just
Inside the entrance to the building was
a room fitted for storing sway the um
(reiui. overcoat snd rubbers of those
attending th services.
William Reed, assisted by several
usher, was In chsrge of th room,
i As the peopt arrived dripping wet from
before the commissioner payments
amounting to $885, Or nearly 2S pay
ments on ttie $5,000 security put up to
the company by myself a'nl my friends.
Any one who still doubts this state
ment can tall at 64 Commercial street,
Portland. Or., and see for themselves the
value of one piece . of property mort
gaged now to the company for about
$2,500. That being the only encum
brance on the property, and the value
is about $3,000. , '
"Relative, now, to the disposition of
the business. I will say that this Is not
the first time that a fraternal order has
been involved In litigation, and I see no
reason whatever for a disbanding of
the company. The members will now
have' an opportunity to test the solidity
of the plan, and as we' have no death
losses, as other fraternal ordefs have,
we can calmly wait until tbe whole thing
is decided in the courts. , The few, bills
against the company, counting the bal
ance due on the furniture, would have
made a total of perhaps $350, and this
would have been promptly paid if I
could have secured the right to pay the
bills of the company, but as the manage
ment of the concern was in the hands of
others, a furniture company was allowed
to repossess a good share of the furni
ture and the offices were locked up
under an attachment for a Uttle printing
bill. This does not. however, occasion
any loss to the contract holders, as the
funds in the bank (the mortgages men
tioned 'above) cover 'all the money paid
into the home and reserve funds, thus
making them secure, and I do not think
that the present suit for the $180 cash
in the hands of the bank will hold wa
ter, as we have never had any right nor
have we ever used the home and re
serve funds to pay the expenses of the
company and I do not believe that the
court will permit this to be done.
Contract-Holders Will Hot lose,
"At any rate the money there In se
curities, counting one mortgage of $854,
not a matured contract but a loan from
the expense fund of the company, la
ample to cover all claims against th
company, and I, on the part of the com
pany, propose to see that every member
who performs his part of the contract
seoures the return the contract calls for
at the time mentioned In the contract.
1 "Regarding reorganisation, I will say
that I have talked the matter over with
a number of the contract-holders and
they are of the same opinion as myself,
that reorganisation is unnecessary, at
any rate at this time.
"There has been no fraud order Issued
against us, nor do I think there will be,
as the case could not possibly hold bo
fore a jury, where they would have to
prove that we could not do . what wc
guarantee we can do, which . Is abso
lutely impossible to prove. What w
agree to do is done every day, and on a
much larger scale by every insurance
company in existence, as well as every
fraternal order. To class us as a fraud
would mean that every fraternal order
In the United 'States could be put out
of business tomorrow If any one cared
to prosecute them; I make this state
ment on the best of authority.
'"We may after the regular stock
holders meeting next July divide our
membership into series of 100. Keep in
this series but 100 unmatured contracts
at all times. On this kind of a plan we
could mature the 100th man In -100
months, 76th man in 75 months, 60th
man in 60 months and so on. I suppose
some will laugh at this statement, but
figures are like facts, pretty stubborn
and I would be pleased to show the
figures on this to anyons who doubts
the statement. . However I am not
ready to go Into this subject deeply, ss
I feel that no change Is necessary. I
am, however, communicating with the
members regarding the advisability of
this kind of a change in our contracts
In order to get their views on the sub
ject so as to please the greatest ma
jority"; as on this plan the amounts re
ceived at muturlty would vary and a
change in the payments might be
deemed beneficial. ' If this change is
made with a membership of 700 in
seven different series of 100 each and we
make the supposition that every mem
ber stays with his contract and the firm
writes seven contracts a month, we
would mature seven contracts a month,
thus averaging the 100th man in 100
months. If a change is deemed exped
ient, the chances are that this will be
the nsture of the charfge.
"In conclusion let me say that so far
I am the only man that has been hurt
by the troubles of the company and
that I am the only person who stands
any chance of losing' any money; and
I do not think but that the public will
form the right conclusion when they
understand that I am the heaviest in
vestor in the company. I have put In
nearly $5,000, and I do not recollect of
another person who has put in to exceed
$260. I am not mourning over this, but
presuming that I have a reasonable
amount of intelligence I wbifld have
been a blithering tdlot to have made this
Investment If I did not know that the
proposition was an honest, legitimate
enterprise.
"C. GUT WAKEFIELD."
has the signatures of 367 heads of fam
ilies and Includes a large territory. 1
will do all I can to secure permission to
put on these two carriers at once, for
I feel that the' people In these districts
are, entitled to this service without fur
ther delay.
"In my report .for the fiscal year end
ing June 80 I will ask that this office
be allowed 15 carriers and 10 clerks.
We will not know about this until July."
the heavy rain, they were relieved of
their umbrellas and overcoats and were
given a brass check to identify their
property.
While the owners were quietly enjoy
ing the services the umbrellas and coats
were. drying. At the close of the ser
vice a full force of ushers passed out
the articles checked as fast as If they
had done nothing else all their lives.
A practical test of the efficacy of the
arrangement was that there were nearly
400 people present at the morning ser
vice jresterdsy snd not one, lost an um
brella or coat .or suffered any unneces
ssry delay. ,
WHAT MITCHELL
REGIME SAVES
PASTY MAHAGEBS OITE PTGUBES
TO SHOW 'THE SAVINGS ACCOM
PLISHED IW " COTWTT ADMINIS
TRATION SINCE THE EXITJOP SX
MONS TACTION.
Under the direction of the manag
ing -conrmittw-of- "the-M ithel 1- Republi
can organization, 'a statement has been
prepared illustrative of the cost of the
county government In each year for the
past eight years. The purpose of this
compilation Is to disprove the assertion
of the Simon Republicans that the af
fairs of the county wero more econom
ically administered when they were In
power than since the .control passed into
the hands of the Mitchell faction.
The statement, which is expected to
carry much weight with the taxpayers
Of the county, is as follows:
laving Under Mitchell Begime.
'From January 1. 1903. to December
31, 1902, ' the present administration
saved the county (as compared with the
var 186 to 1902. Inclusive) the sum
of $81,303.41. Had the Simon adminis
tration administered the affairs of the
county on the same basis they would
have cut down their expenditures dur
ing the years above mentioned bou,
427.28. anil the county today would havs
been out of debt
Annual Expenditures from 1896 to 1903.
1896 Amount expended ....$366,882.40
1897 Amount expended 867,19.4J
1S98 Amount expended .... 886,047. 67
igoo Amount expended .... 868,865.48
1900 Amount expended .... 483,112.97
1901 Amount expenaeo uiiiii.n
1902 Amount expended .... 412, 262. ii
1903 Amount expended .... 294,887.00
"Expenditures for the year 1903 '(the
first full year that the present adminis
tration has been in control) show a de
crease, compared with expenditures In
1902. of $117,376.58, and a decrease com
pared with the average annual expendi
tures from, 1896 to 1903, inclusive, oi
$84,891.67.
Soma Figures.
"Semi-annual expenditures from Jan
uary 1, to June 30, 1896 tq 1903, inclu
sive: 1896 Amount expended ....$173,307.01
1897 Amount expended .... 180,974.09
1898 Amount expended .... 175.555.7S
1899 Amount expended .... 181,976.13
1900 Amount expended .... zso.a&i.zs
1901 Amount expended .... 147.670.48
1902 Amount expended .... 184.684.5S
1903 Amount expended 139,088.52
"Expenditures from January 1 to June
30, 1903, show a decrease, compared with
the same period in 1902, of $45,546.06,
and a decrease compared with the aver
age semi-annual expenditures for the
same months from 1896 to 1902, inclu
sive, of $43,778.53.
. "8emi-annual expenditures from July
1 to December 31, 1895. to 1903, Inclu
sive:
1898 Amount expended ....$167,093.22
1896 Amount expended .... 183,525.39
1897 Amount expended .... 186,645.84
1898 Amount expanded ..... 210,491.89
1899 Amount expended .... 186,889.33
1900 Amount expended .... 197,161.69
1901 Amount expended .... 186.039.70
1902 Amount expended .... 228.740.36
1903 Amount expended 155,798.48
"Expenditures from July 1, 1903, to
December SI, 1903, show a decrease com
pared with the same period In 1902 of
$72,941.88, and a decrease compared with
the average semi-annual expenditures
5or the same months from 189ft to 102,
Inclusive, of $37,624.88.
'The figures for 1902 are for the first
six months of the present administra
tion and include about $65,000 worth of
Indebtedness incurred by the eld re
gime, which we were compelled to pay,
so that in reality our expenses for this
period amounted to but $163,740.36.
Where the Money Goes.
The increased tax levy of the year has
been a frequent ttieme of discussion
during the campaign, and in commenting
upon it one of the members of the Mitch
ell managing committee said:
"There has been some effort by the
Simon Republicans to gain votes by us
ing the fact that the current tax levy Is
40 mills, whereas It was but It mills last
year. In answer to this the managing
committee of the Republican organisa
tion has caused a table to be prepared
comparing the tax levy of last year
with that of this year for the purpose of
showing that the increase Is not due to
any Increase of expenditure or of tax
levy for which the present administra
tion of the county or city is responsible,
but was due to the fact that the stat
has increased its levy 2 1-2 mills on ac
count of the appropriations made by
the legislature for the Lewis and Clark
fair and the Celllo canal, to the Increase
of the Port of Portland tax to take care
of the sinking fund for the bonded In
debtedness of the Portland drydock, and
to the Increase of 2 mills for new school
houses in school district No. 1. This
comparison Is as follows:
1902 1903 Inc. Dec.
Mills. Mills. Mills. Mills.
State . . 5. 7.5 2.5
State 8chool. . .6 5
County 6.7 6.4 ... .8
Road ........ 2.1 2.1
Library 2 .2 ;.
Port of Port'd. 1.5 2.8 1.3 ....
City of Port'd, 9 5 .r
Flreboat, city,, J. 5 1.5
School tax No. 1 4.6 6.6 2
.16.
40.
6.08 1.08
"Did It ever occur to you." said Judge
Carey, in commenting upon these fig
ures, "that out of the total levy of 40
mills only about one-fifth of the amount
goes to the county for general and road
purposes, and that this is practically the
only revenue the county has?"
"Did It ever occur to you," continued
the committeeman, "that out of the total
levy of 40 mills only about one-fifth of
the amount goes to the county for' gen
eral and road purposes, and that this
Is practically the only revenue the
county hast
"It is true that for 1901 the tax
levy was even less than for 1902, but
that Is due to the fact that the Simon
administration made the levy just be
fore the election- pf 1902. and purposely
made it far below the actual amount rer
quired to pay the expenses of the city
and county governments, with the result
that the present administration was left
with a legacy of debt, accumulated dur
ing the year, because the tax levy was
too small to pay running expenses."
Manlolpal Improvements.
Although the present city administra
tion Is not directly involved In this cam
paign, for no city officers will be elected
until next year, yet it has been the sub
ject of frequent attack. Mitchell Repub
licans insist that these attacks are un
warranted,' and the same member of the
managing committee previously quoted
made the following statement upon this
subject;
"When the present Republican admin
istration took charge of city affairs, the
streets, sidewalks and bridges were gen
erally in a demoralized condition. Many
bridges were unsafe, having become de
cayed and out of repair, and it was nec
essary to close them xip. The work of
rebuilding these bridges has been car
ried on as rapidly as possible, end al
ready over IS bridges have .been re
constructed, and other Important bridges
will be built during the next three
months. Old' asphalt and. wood block"
pavements on the main business streets
of the city, aggregating about 3 1-2
1 miles, all entirely out of repair when
this administration took charge, havs
""u enner renewed or repaired.
"The extent and vnhiA rr ata. 4n
provements made during the year 1903
exceea inose or any other year In the
history7 of the city, there being a total of
miles , -Of : streets lmnrovpil anrl
60.3 miles of cement sidewalk laid, at a
cost or ii,io,uuv, and iz.7 miles of sew-
rs constructed at a cost of $142,000.
. The following table shown in Wnti
the length of the ; different kinds of
pavement ana siaewaixs laid during
p77'?Z ttrstVVprlTlB 1903.-
" pavement ,buv -J 4'4
wiu HBuumi pave., repair a, la.suu z.vt
Stone block pavement ..... 1,700 0.32
Old wood block pavement, . -
repiacea ... ............. 3,035 , 0.87
Bituminous- macadam- pave- .
mem .................. .!,; . .
Muculan nivnnanl ..:...!( Ill fi 09
Gravel pavement .........32,880 .6.1$
finnic rnndwav ' .... s van . . nsn
Elevated roadway .'2,338 ': '0.42
v SBhCTu uauwdT safc.a s.flOO ' V.I A
Graded streets, unpaved, ,.59.830 11.33
Total ,i . 4 ... ... ... f 29.83
''. Sidewalks. . Vw'--'-.:'"''
' Lineal Feet. Miles.
Wood '. t ................ 2.6ia 16.52
Cement . ,. $18,381 60.30
Total . . '......... 76.82
"The present city administration has
also substituted are. for Incandescent
lights throughout the city without addi
tional expense to the taxpayers; it has
constructed the flreboat; it has nearly
completed the new Sell wood and Alblna
ferries: it has begun the construction
of the Morrison street bridge; it has re
vised the franchlr.es held by the street
railways so that the city will now derive
a very considerable revenue from them.
although they were paying nothing for
the valuable "privileges which they en
joyed: it has put in force the civil serv
ice reform as provided in the .new city;
charter; it Is about to inaugurate A paid
fire department; and generally it has
given the people a more effective ad
ministration of city affairs than has
been given by any previous administra
tion in 'the history of Portland."
RUSSIAN GENERAL IN
FEAR AT PORT ARLHUR
- (Continued from Page One.)
influenced many leading ' bankers with
the result .that Russian securities have
become steady.
TO ITOEM POET AETHTTH,
Japanese Said to He Beady for Des
perate Attempt on Marea 1.
(Journil Special Berrlce.)
St. Petersburg, Feb. 29. A telegram
from Tiao Yang, Manchuria, states that
foreigners living at Ylnkow sssert that
the Japanese have been instructed to
storm .Port Arthur and capture It at
any cost on March 1.
AMXEIOAWS MAY LEAVE. 7
(Journal Special Servlre.)
Washington, Feb. 29. Minister Allen
at Seoul cables to the state department
that-.ln .pursuance with . arrangements
with the Japanese minister, a returning
Japanese transport will bring Amer
icans from Ping Yang. The Americans
at Seoul and vicinity had already been
sent to the Philippines. Allen says that
Russian scouts, on reaching Ping Yang
Sunday noon were pursued by the Jap
anese. KOBE AH OPPZOIAU P&EEXNO.
(Journal Special Servlae.)
Chefoo. Feb. 29. A Liad Yang dis
patch states that the reported detach
ments of mounted Cossacks marching
south, commanded by General Mlscht
schenko. Is expected to arrive at Ishlo
Yang- today. Korean officials are flee
ing and informing the Japanese of the
approach of the Russians. Snowstorms
prevail.
&OS8 OP VESSELS OOHPZBME9.
(Journal Special Service.)
St. Petersburg, Feb. 29. The news
agency prints a Port Arthur dispatch
confirming the report that a Japanese
destroyer was blown up and another
sunk In the recent fighting. The wreck
of the latter has washed ashore.
JAPANESE ATTACK TBAHSPOBT.
(Journal Special Service.)
Tokio, Feb. 29. The report of an
attack by four Japanese torpedo boats
on the Russian torpedo transport Amur
at Port Arthur yesterday has been re
ceived here. The result of the action
Is unknown.
FIVE HUNDRED ARMED
MEN GUARD POLLS
(Journal Special Service.)
Des Moines. Feb. 29. With 600 armed
citizens standing guard at the voting
places of the Seventh district Republi
can primary election opened this morn
ing, Judge Prouty contesting with Rep
resentative Hull. The repeating of fraud
charges are plentiful and it is feared
that a physical clash may result before
night. Prouty apparently controls the
machinery. The 600 armed men are di
vided into two factions, and sworn as
specials.
BRIDGES AND BOOTH
ARE NOMINATED
(Wanhlnt-ton Bureau of The Journal.)
Washington, D. C, Feb. 29. Nomina
tions were made today of J. T. Bridges
and 3.- H. Booth, land officers at Rose-
burg. Senator Fulton will endeavor to
secure their confirmation today if an ex
ecutlve session Is held. J
COUNTY BAR PAYS
TRIBUTE TO M'GINN
The funeral of the late Charles Mc
Glnn, Jr., was held at 10 o'clock this
morning from the Catholic cathedral,
at Sixteenth and Davis streets. A sol
emn requiem mass for the repose of the
soul of the dead was celebrated by Arch'
bishop Christie. The burial was In
Rivervlew cemetery. The church was
garbed In sombre cloth of mourning
snd the altar and chanoel were decorated
with flowers.
Out of respect to the memory of Mc
Glnn the state court took an adjourn
ment this morning after the day book
was cleared. In th procession to 'the
cemetery Attorney John M. Gearln aoted
as grand marshal for ths Multnomah
County Bar association.
A HOTEL PXBB.
(Journal Special Service,)
Helena, Mont, Feb, 39. Firs orig
inating in the dining room of the Park
hotel at Livingston this morning de
stroyed th entire postofTIcs block, en
tailing a loss, of $100,000, with insur
ance $60,000. There were no casual
ties, but, several narrow escapes.
REITERATES HIS
FORMER
CHARGES
ATTOEHBT HZXOH PILES AJTSWEB
TO DAMAGE STTIT OP JOHH
J DITOHETTBH AHD ATPXBMS THAT
h,POEMEBlCEBOBSJrBBHB0S
AJTD XXVOOEHTLT MADE.
In his answer to the suit for damages
Jnth.,mout-.X5AjlODJbjrouht..by
Attorney John Dltchburn, filed last Sat
urday afternoon in the state circuit
court, Attorney Lewis Nixon reiterates
the charges made before the grievance
committee of the Oregon Bar associa
tion. He virtually accuses Dltchburn
of embezzling $206.88 belonging to John
M. A. Forbusch.
After denying the allegations con
tained In Dltchburn complaint, Nixon
set up the plea of Justification for his
acts. The facts, as alleged in the am
swer, are as follows: :-
John M. A. Forbusch was the owner
of a certificate of deposit if) the Port
land Savings bank on July 6 1899, Its
face value being $4,000. For the pur
pose of raising- money on this certificate
Forbusch placed it in Dltchburn' s hands,
who. acting as trustee and attorney for
Forbusch procured on the security of
inei cenincate ana paia 1110.
During the time the certificate was in
Ditchburn'S hands dividends were paid
amounting to $421.86. Of this amount
Dltchburn paid Forbusch $216.60, leav
ing a remainder of $205.86 to be ac
counted for. .
Nixon further alleges that when the
matter was placed In his hands by For
busch he made an investigation, as the
result of which a statement was de
manded of Dltchburn. It is said Dltch
burn refused to make such a statement.
The document says that Nixon, in view
of the alleged refusal of Dltchburn to
make a statement of the transaction,
was led to bellev that he was guilty
of conduct unbecoming a member of the
bar, and that he advised Forbusch to
petition the grievance committee of the
Oregon Bar association to recommend
his disbarment for unprofessional con
duct. Accordingly proceedings were in
stituted before that body, Nixon appear
ing as attorney for the petitioner.
It is averred by Nixon that he acted
in good faith, that hi action was with
out malice, and that his conduct in the
premises was . privileged. Accordingly
he asks for a judgment against Ditch
burn and that the latter be assessed
the costs of suit
ON FAIR NOTES
In defense of the suit filed against
him by the Lewis and Clark corporation
to collect payment on 10 " shares of
Lewis and Clark fair, stock, Louis Salo
mon, a real estate dealer, declares that
he agreed to take but five shares of
stock and stands ready to pay for this
amount
"When Roundtree and Henry cam to
me to subscribe for stock In the cor
poration I put down my name' for 10
shares of the par value of $10 each,
agreeing to pay for them In four in
stallments of $26 each. After subscrib
ing, however, I discovered that a num
ber of persons more able to buy shares
than I had not purchased as much. I so
Informed Roundtree snd Henry and said
I did not feel able to take more- than
five shares. They said this would be
perfectly satisfactory, but requested me
to leave my name on the list as sub
scribing for 10 shares, to aid in secur
ing subscriptions. I did so. but when
the first assessment became due it was
for $26, and I protested to Henry Reed,
secretary of the corporation. He took
the matter before the directors and
later wrote me that I would have to pay
for the 10 shares. That was about a
year ago. When the second payment be
came due I saw Henry and be reiterated
his statement that he was willing; for
me to withdraw five- shares. I have
paid none of the assessments, and the
thtrd is now due. I stand willing to
pay for five, but not for 10 shares." -
Oammans & Malarkey, counsel for the
corporation, have also Instituted suit
against J. B. Nye, a saloon man; Peter
Schmeer, an east side grocer; J. A. Sears
and W. 8. Morrill, saloon men. The
complaints allege that the defendants
subscribed for 10 shares each, on No
vember 26, 1901. The first assess
ment became due March 1, 1903, the
second on October 1, 1903.
AMERICAN TROOPS
ENGAGE THE MOROS
(Journal Special ftervlee.)
Washington, D. C. Feb. 29. General
Wade, commanding the division of the
Philippines, cables this morning as fol
low: "Wood reports an engagement at
Jolo on February 14, Major Scott, com
manding the third squadron. Fourteenth
cavalry, and a single gun of the Eight
eenth battery field artillery, against a
remnant of the Hassans Moros. Scott
attacked the Colta and took It after
lively fighting. The firing was twice
stopped to give the Moros a chance to
surrender, but they declined. All the
dead were captured. Friendly Battos
assisted the troops. The cable not work
tng accounts for delay In news. Th
loss: Wounded, Lieutenant West, thigh,
serious: Private Hulburt, Troop I, right
side; Private Htnderer, Troop I, shoul
der; Private White, battery, knee; Pri
vate Oallaway, Troop M, right arm;
Private Cox, battery, shoulder; Private
Haniran, Troop K, thigh."
PRAISE FOR DOING
NO WORK AT ALL
(Waahington Burets of Th Journal.)
Washington, Feb, 29. Postmaster
General Payne, who denounced the Tul
loch charges, which precipitated tho
poatofllce scandal investigation, as "hot
air," "stump speeches," "mere talk"
and "glittering generalities," and called
Mr. Tullooh a "windbag," and who has
ridiculed the efforts of those really In
terested In bringing the department
criminals to Justice, Is rfbw In receipt rf
a fulsome letter of praise from Presi
dent Roosevelt.
President Roosevelt congratulates Mr.
Payne cordially; the man who gave no
apparent evidence of any desire to un
cover corruption In the pontofflce but
gave to George W. Beavers when he left
the department a letter praising him In
the highest terms, although It was
known at ths time that Beavers was ac
cused of the gravest acts. Now, after
a year of hard work and a few actual
convictions have been procured ths pres
ident congrstulstes Mr. Payne In a let'
ter which appears to Imply that the
duty of th postmaster-general has been
don andthat there is no necessity for
further, work, v ,y ,i
WOULD
RECOVER
REVENGE SAID
TO BE MOTIVE
P. T. PETS ABBESTED POB AT
TEMPTED BUBHTHO , OP POET
. liAJTO MIKES ZS ALLEGED TO
y HAVE SWOB BBTEHOX TpW XV
JUBT SVSTAIHE9. ,
In the person of F, F. Frye, arrested
Py. "th? .Seattle police last Baturday.oo.A
telegraphio order from District Attor
ney Manning, the local authorities be
lieve they have the man who. on the
night of February 14, attempted to fire
the Portland Flouring mills and ' kill
Charles Berbethea, the night watchman.
While no complaint has yet been filed
in the state circuit court, information
was obtained at the courthouse this
morning that ths arrest had been made
on a police court warrant, and that a de
tective left here for,: Seattle last Satur
day night. , If the prisoner consents to
return he sill reach here in custody of
the officer this evening. . Otherwise, re
quisition papers will have to be ob
tained at Salem and signed by the gov
ernor of Washington before Frye can be
brought back for trial.
' The Information against Frye charges
Mm with assault with a deadly weapon
with Intent to commit murder. He was
formerly in the employ of the milling
company, and not long ago received an
Injury temporarily incapacitating him
for work. It -is said he was paid money
by the company, but did not receive as
large an amount as he demanded and
threatened he would "get even" with the
concern. r
The attempt to burn the milling prop
erty occurred on the night of February
14. . The incendiary was detected bend
ing over a pile of kindling when dis
covered by Watchman Berbethea. On
seeing he was detected he started to
run and shot at' Berbethea while fleeing.
The bullet struck a large watchman's
clock worn on Berbethea s breast, and
the shock knocked him down. The flro
bug, who wore a mask, then made good
his escape. '
It ,is stated that Frye answers ths de
scription of the man detected in tho
attempt to burn the mills. Several ef
forts to burn the property had been
made previously.
BUSY THIEF WILL
REST FOR A TIME
Thomas Moore, a negro, has confessed
to several daring burglaries committed
in Portland during the last three weeks.
This morning in the municipal court.
Moore waived examination and was held
for trial by the grand jury in the sum of
$1,600 ball. Moore was arrested about
3:30 yesterday morning by Patrolman
Hart and Jones as he was trying to
run up a stairway at Second and Burn
side street.
The police department was informed
last Friday morning that a negro had
robbed a house at 388 Water street from
there; going to the Depot saloon, at the
foot of Jefferson street From the sa
loon the thief went to a scow owned by
W. Cotton, who discovered the negro,
and took a shot at him but missed.. , In
running away. Moors lost a light col
ored hat, which was found by Cotton
and given to the police.
Sam Masourovsky, 371 Front street
last Tuesday discovered a burglar In his
room. The stranger was in the act of
going through Masourovsky's trousers
when the owner was awakened. The
stranger fled, and escaped three bullets
that were sent after him.
Patrolmen Hart and Jones saw a hat
less negro, early Friday morning, drip
ping with water, standing near a north
end saloon. They asked the man how
he got wet, and were informed that he
had been held up and then ducked In
the river. They told him to report the
robbery at police headquarters but th
hatless stranger never, made a report
When the description of the negro
who had been seen on the scow was read
to the watch, the patrolmen -at once
came to the conclusion that the man
they had seen a few hours before was
the robber. After keeping a sharp look
out for him. he was seen early Sunday
morning. The negro discovered the offi
cers at the same time, and started, to
run, but Hart "drew his revolver and
ths negro halted. After handcuffing
him, he was taken to the city jail.
ASKED FOR FEE
BUT GOT A KICK
Saying that he had been assaulted in
the Canadian Employment agency, 247
Burnslde street, while asking E. P. Me
Croskey, the manager, to return a $2.60
fee, J. K. fibovin this morning swore
out a warrant for the arrest of Mo
Croskey on the charge of assault and
battery.
Shovln stated that on February 23 be
went to the , Canadian Employment
agency and asked for a job. He states
that he was told that upon the payment
of a $2.60 fee he' would be given a job
as hook tender at a logging camp, the
position to pay $3 a day. He paid the
fee and started for the woods.
"Had I known that I was to be sent
to the Mt. Hood Lumbar company's
camp I would not havs even started,"
stated Shovln. -When I reached ths
camp I was Informed that they had all
the hook tenders they needed, but would
put me to work as a swamper at $3 a
day. I refused this and returned, to
Portland.
. "I went down to the agency to tell
them how I had been treated and to ask
them, to return the $2.60, as I did not
get the job they had promised me. I
was thrown bodily out of the place.- I
Went to see a .lawyer about ths matter,
and he succeeded In getting the money."
WOULD END LIFE
QF PRIVATION
Despondent because he had, lost , th
savings of many years, Frank McMahan
attempted suicide early this morning at
his room at 21$ Third street by drink
ing carbolic acid.. McMahan was part
owner in th Plasa saloon when it failed,
and It Is said that he lost over $6,000,
all ths money he had. on the deal. Mc
Mahan was taken to ths Good Samaritan
hospital, and although h has been un
conscious all day, it is thought that he
may recover. v . . .
Disturbed by th groan and cries
coming from McMahan room, a lodger,
who was sleeping In the next apartment,
broke into, the room and found, him.
The attempted suicide wss at once re
ported to Captain of Police Bsiley. who
sent thi patrol wagon with, Driver
leases. Station Officer Llllls and Patrol
man Taylor' to th actna, . , -
TWO DAYS VERE
VERY NEARLY DRY
XT OHX.T XAXHEB 97 DATS XH PEE
BUABT, . DESPITE POPTTLAB BB--LIEP
TkO THE COHTBABT SOME
TEABS THE MOHTX HAS BBEH
WETTEB.
Contrary to the general belief it rained
only 27 days during the month,' which Is
Jusfdf awing "o a close. On the first
and second days of the month there was
not sufficient precipitation for the wea
ther bureau to take notice of, and on
the third and seventeenth there was but
a trace. , During the . balance ,of . tho
month, there was .01 or more of an Inch
of rainfall every twenty-four hours, and
as fate woultg, bave, It was-, usually
more. .
Up .to 10 o'clock the total preclpit
tatlon for the month amounted to just
11 inches, which Is just about five .
Inches more than the usual average for
February.' By midnight it is expected
that the total will be increased by about
one-half an Inch. '
The only February which exceeded the
present one in the number of rainy days
was In 1872. Then it rained 28 days
during the month, but as it was leap
year, there was on day when ' it did
not rain. This is also leap Tear, but
whether' that fact has anything to : do
with the large number' of rainy days,
there is no one around the weather
bureau who is prepared to state posi
tively. At all seasons, some believe,
Cupid's queer capers cause angels' to
weep, and this added to the rain makes
a difference. ' '
. : While ther was a lot of rain In Feb
ruary this year, it Is not a record
breaker by any means, ss the follow
ing table . complied . from the records
will Show:
Year.' ' - '-, '"Inches.
1872 i.' .........12.13
1878 ., 12.1
1878 ...13.22
1881 ........i,.13:36
There wss a light fall of snow in the
foothills surrounding Portland last nlglA
and at the highest points some of it
Is still visible. On Puget sound there
were also light flurries of snow. The
weather has moderated somewhat and
rain is general throughout the valley.
Concerning high water the weather bu
reau gives out the following report:
The river this morning reached a
stage of 12.6 feet, which is a rise of
0.1 of a foot since yesterday morning.
At Albany the river fell 1.6 feet since
yesterday morning, the stage now being
16.2 feet. Although the Willamette
river is everywhere bank full, there is
no flood crest at up stream points to
swell the lower river, and the weather
is too cold for the snow in ths foothills
to melt, therefore at Portland it will
not go more than a foot higher during
the next two or three days.
PLANS ACCEPTED
BY COMMISSION
. The plans and specifications for the
Lewis and Clark fair buildings, as sub
mitted by the corporation, were ac
cepted by th state commission at Its
meeting; Saturday afternoon. The. first
advertisements appeared Sunday, The
time for opening the bids is March 19.
Frank Williams, a member , of the
commission', was ' selected as assistant
superintendent of the Oregon mineral
exhibit at St Louts.
Charles Galloway was appointed as
sistant superintendent of the agricultu
ral exhibit and Ley ton Wisdom assistant
superintendent of the horticultural ex
hibit both at St Louis. Miss Ethel G.
Wehrung, daughter of General Superin
tendent Wchrung, was elected as his
stenographer and as custodian of the
Oregon building at a salary of $76.00
a month,
Th buildings for which bids are asked
snd the architects' estimated cost are:
Festival halt $45,000; States building,
$75,000; Liberal Arts. $46,000; Forestry,
$20,000; Bridge, $30,000; Public Comfort
Police and Fire Departments, $20,000,
and Public Shelter, $20,000.
MAN WHO LOSES
A real Dr. Jekyl and Mr. Hyde is
Earl Hood, who was before 'Municipal
Judge Hogu'e this morning on the charge
of trespassing. Hood was found In th
basement of the Brooklyn schoolhouse
last night by Patrolman Isaacson. He
had a large bundle of matches in his
pocket and had gons over ths building
piecing matches on' th desks.
While on the witness stsnd this morn
ing. Hood told several different stories
about th same thing. He was able to
remember things that would not bear
on the case of the Brooklyn school, but
whenever ssked about his being
there he stated that he was
his other self then and could
Patrolman Isaacson ststed 'that when
he asked him his business there, th
stranger replied "My name is Mr. Stev
ens; I came in to see how my daughter
was getting along In school'
Hood told the officer that the Janitor,
W. A. Ogllbee, had let him in. Tak
ing his prisoner to . the home of the
janitor, the officer learned that he had
not been admitted by Mr. Ogllbee,.
Attorney Adams asked the man if he
did not remember the night of the Park
school fire. "Yes sir, I was stopping on
an old scow with a Mrs. Fulton,, nesr
Fulton at that time. I watched the Are
and then went to bed. It was about 8
o'clock In the evening , when I retired
after watching th fire." The Are took
place at 11 o'clock at night.
Dr. Allen Gilbert had been treating
Hood for some time, and it Is said -that
he, is under hypnotlo influences.' - '
FRANK GRAYSON IS
SON OF FIRST WIFE
'"''- (Journal Special Service.)
Cincinnati, O.r Feb. 2.--Frank Gray
son is the son of John Temple Orayson
by his first wife. He does not know
Mrs. Grayson of Portland.
; Mrs. John T. Grayson has no, knowl
edge of Frank T, Grayson of Cincinnati
who, eastern dispatohes said, , was ap
pointed administrator of Colonel Gray
son's estate. Inquiry in Cincinnati was
answered by the ; dispatch here put ,
llshed. '
The big ' German bark Magdalene
cleared' this afternoon for Queenstown
for orders with JfO,840. bushels of wheat
vslued at $128,000. This makes the only
grsln cargo being despatched - by the
Portland Grain company. '
n SELF
NIGHTLY
v '':;". '7-:7; 71 .'77'. ."'
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