TIPS OltEGON DAILY JOURNAL. PORTLAND, WEDNESDAY EVENING, MARCH 9. 1904.1 HOUSES THREATENED BY BLOCKED SEWER Rise of Tanner Creek and Undermines Exposition ;Bufljuig---Dynamite Used to Save Property As a result of the blocking; of the Tan . vvr creek sewer On Alder street,, the athletic-field 'of the Multnomah club la covered with a sea" of dark, muddy wa ' ter, which has reached a depth of from . four to seven feet, and is constantly ris ing. The exposition building: Is under - mined by a targe expanse of water which stretches under the entire build ing' and far down the street, Several Jtouses : in Alder street are Threatened with destruction, and drastic , measures will be taken by the city .authorities to prevent a further rise in the water. . The houses are along the : gulch, and the water threatens to cause the banks to give way at any time. Dynamite will be used to blow away -'the debns which has caused the stop page of the aewer, and U is hoped in this way to avert further danger. Late : this afternoon the city engineer will explode several charges of dynamite. ' The cause of the trouble is in Alder 'street near Lownsdals street.' ' Huge piles have been driven. Into the earth 'to support a footbridge which spana. a gulch at that point. The piles were driven in deep enough to break into the sewe and to cause its blockade. Since j DEMOCATC CAUCUS HELD THIS EVENING Only a few of the Democratic precinct committeemen havek notified the secre tary .of the county central committee, J. B.-Ryan, of the places where their re spective precinct caucuses will be held - tonight The hour of meeting is 8 o'clock. -The incomplete list of meeting places is aa follows: . rreclneta 1, 2, and 8, Artisans' hall, Savjer street "-v'V Precinct 7, 121 Twenty-third stfee. ' Precinct 11, 141 First street . Precinct 14, room 2, Mulkey .bulldlnff. Precinct 16, Lewis and Clark, Cigar factory, Tenth and Washington. Precinct 17, Ream's .cigar store, 148 Fifth street. NOT. HIS FORMER WIFE "l can't see that that Is anybody's business,' indignantly retorted Mrs. Hannah. Buch yesterday when F. W. Prasp, marriage , license clerk, inquired of August Buch" whether the. two were any rslatloni:. Buch . had applied for a license to wed Mrs, Biichv: Prasp suavely Informed the lady that the laws of Oregon do not permit first cousins to marry, and on account of the similarity-of names he thought it advis able to ask the , question. Somewhat ATTORNEY HAY : BE INVESTIGATED The grand Jury, It is reported. Is split Into factions oyer the gambling question. The- leader of those who are in favor of investigating with a view to indicting those conducting the games and the officials regarded as responsible for the law-breaking, it is said, is Charles W. flay, of Mt Tabor. :; Despite the protestation of officials who claim to be In a position to know whereof they speak, it Is regarded as a moral certainty that this grand Jury will look Into a number of alleged In stances in which the laws are being f ractureiZChlef among these Is the lax .ity claimed to prevail in the district 'attorney's office as regards the failure 'to . prosecute several persons against .'whom the state Is said to have had 'clear cases. , , , " The permission accorded minors by proprietors of a number of saloons to frequent their places may lead to a number of Indictments. This morning the Jury remained session for more than two hours, times the discussion was spirited. in At DENTAL BOARD ACTS AGAINST GOVERNOR 'The Dental Society of , Oregon is pre pared to resist the seating of Dr. R, J. Lincoln of La Grande as a member of the state dental board," declared Sec retary E. G. Clark of the society this afternoon. The executive committee of the association met at noon at the office of Dr. Clark and it was the unani mous decision of the board that Gov ernor Chamberlain's action in naming Dr. Lincoln in place of the choice of tha society Dr. Matthew J. Fenton be opposed. A committee, the member ship of which is not made known, was appointed to take charge of the af- .falr. ... "Members of the society believe that the statutes have been violated in the appointment of Dr. Lincoln," said the secretary, "and it Is the sense of the executive committee that the governor lias no m'ore right to go contrary to the law than has any one else." Dr. Clark admitted the members Vwere a little hot," and said the society Intends to enforce its desires, even If. the aid of the courts has to be asked. All members of the executive board were present today except Dr. Sturde vant of The Dalles. ' DXATH OTEBTAKES BXM. After an illness of but a few minutes, "Edward C, Warner of Montesano, Wash., died last night at the Good Samaritan hospital. He was taken ill at his room at the New Gtahd Central hotel yester day evening, and lived but 10 minutes after reaching, the hospital. Coroner J. V. Floley took charge of the body and of the dead man's belongings, and at once wired the postmaster at Montesano re garding friends and relative f Warner. (Vironer Flnley said that while death was sudden, ' there was no suspicious vlrcumatances connected with It War tier had packed Ms trunk and was ready to return to the Washington city when l athstopped his plans. - , SfftTAsI OBTTIsTO BBAST.- (Journal Special Her.rlce.) Constantinople. March 9J-i-Tha sultan t,ns derided to order two bruisers of the tlleat Improved type from Cramp. Roods -Multnomah Field the heavy rains have "swollen Tanner creek the water, unable to find an outlet, has backed into the-Multnomah club grounds and surrounding territory, v The water began to rise lata vester day afternooa Already it has reached a depth or from four to seven feet on the football field, and is constantly growing deeper. ; John Hanson, field keeper at the club, secured a skiff yes terday and succeeded in removing large quantities or qeons ..ana poles-" which threatened destruction to the grandstand and other buildings which surround the ampitheatre. ; The field presents an unusual picture. The water haa covered the small houses which border.it, and has almost com pletely submerged the one-story build ing used as dressing quarters by the athletes. The Chinese gardens to the north of the field have practically been aemoiisnea. t'p to this time little damage has been done to the club's property, but serious results are feared at any time. People who live in the threatened residences along Alder street have raised a vigorous complaint to the city authorities to pre vent thedestructlon of their homes. Precinct IS, room II, Mulkey building.-- .-, ', .- Preclnfct 19, 169 Sixteenth street Precinct 20, residence of C. EV 8. Wood, Ford and Main streets. ... Precinct IS and ,2, 282 Fourth street Precinct 29. 405 Sixth street ' Precinct 30, Hosehouse on Chapman street Precinct 32, Montag'i stove fotfndry, Hood street .Precinct S3, 738 Corbett itreetrc--Precinct 35, 1,002 Corbett street. Precinct. 47, 80 East Sixteenth, street North. Precinct 4$, til Holliday avenue. i. MERELY mollfled. Mrs. Buch said she 1s not re lated to the applicant for the license. ' "No," "added Buch, "we .were married once and divorced We have concluded to try it again." v , , A One of the questions provided for by law is that an applicant shall Inquire if the prospective brtde is over the age of 18. When this query was put Mrs. Buch blushed and. coyly admitted that she is past the legal barrier 6( age. The lady confessed to 84. She looks It SEATTLE f MM IS A ruatet sound firm has been awirilrJl the contract of suDDlylnsr 2.50r tons oi government oats for trananortatinu to Manila. Capt Jesse M. Baker, local disbursing quartermaster, received a wire to this effect from Washington this morning. W. W. Roblnsort of Seattle jfias been given the contract His bid was 126.24 a ton, says Captain Baker. ' Further than this information which came in a brief telegram,' he states that he knows noth ing about the matter. Had the contract been awarded to n Portland flrnvJtwas.the intention to snip tne oats on the British steamship Inverness, which has been chartered to carry 1,800.000 feet of lumber from this port to tne Philippines. The Inverness Is now about. due at Vancouver, "B. C, from Japan with a cargo of sugar. Im mediately arter discharging it she will proceed down the coast to Portland, and Is expected to arrive hers not later than the middle of the month. FLEET'S FATE IS STILL UNKNOWN (Journal Special Service.) London, March 9. Speculation at To. klo as to the location, of the Russian Vladivostok fleet indicates' the, renorted destruction lacks confirmation. It la thought only a portion of the Japanese fleet is at Vladivostok and the other di vision is cruising in search of the en emy. The Japanese are maklna an at tack at Dalny. ' , St. Petersburg reports the ehni nt the Japanese advance guard on the Talu and the capture of stores and ammuni tion and a number of prisoners. The Japanese detachment was cut out from the main body. The damaged battleship Retvlzan has been patched up and will go to the drydock. xoxEAvg tmxj. rxaxT. ' Seoul. March 9. A small party of Russians has selxed the Korean tele-i graph station at Toung Won today. It is reported that a fight has occurred be tween Koreans and Russians on the Ko rean side of the Tumen river. i BEF0BT8 PEBBIBT. t ' 1 ToklO, March 9 Japanese warships Tuesday evening Bombarded Fort Talicn Wan In Korea bay, later they proceeded to Port Arthur and bombarded the fort resses there.. . ' CXASKES rBEQUBHT, (Journal special ft-rvlcr.) Washington, D. C. March 9. Th commander of the gunboat Helena at Yinkow. reports this afternoon that an engagement has taken place at Kung Wang- Chang, and that the Japs landed at Tushan. - 'fctrSIXAN HEAT SEIZED. V (Journal Biclal RervUw. ) Nagasaki,-March 9. The Japanese government -today seized 2,100 barrels of meat on the steamer Coptic Just ar rived from' Bah Francisco. The meat was consigned to Port Arthur. ; OEA I BBBTOTTirCESJ TNBONB.'''!;"' " "Berlin," March 1 The czar has re nounced the succession to the ducal throne "of Oldenburg to which he is en titled In the event of the death of the nlea of ths present dynasty. SUCCESSFUL JOHN BARRETT IS AGAIN HONORED FBXBXSEirT mOOSZTZXiT 9XCZSEB to Apponrr pobtkaito mabt to BB MXB1ITZB TO IMTOBTAKT POST Or PAX AHA ABXXJTY XS BEWABDXD AT WASHINGTON. '(Washington Bureau of The Journal. Washington. D. C, March 9. Presi dent Roosevelt has decided to appoint Hon. John Barrett of Portland, Or., to be minister of Panama, vice Buchanan. Arthur Beaupre, now minister to Co lombia, will relieve Barrett who until today' appointment, was minister, to Argentine. Beupre will be succeeded by W. W. Russell, now In charge as minis ter to Panama ' , "Hon. John Barrett was-undoubtedly selected for the Panama post because of his ability," said Attorney Charles J, Schnabel, his most Intimate friend In this lty "Barrett and President Roose velt ana very good friends, and Barrett Is Just the stamp of man the president likes. He has never failed In any mis sion he has been sent on, and his great diplomatic ability, no doubt has brought about the sudden change in affairs. I presume that the position at this time is one of very delicate nature, and that the president wanted a man of peculiar ability to cope with the situation.- In John Barrett he has that man. ; . 'I know the appointment came unex pectedly to Mr. Barrett, for I' received letter from him' about two months ago, asking me to send his boxes of ca rina to Buenos Ayres, Argentine.: . If he had contemplated a change, ! am sure he would not have asked that the goods bs sent there. ";,','.'..- 'Mr Barrett was born In Vermont ana is 88 years of age. He came to Portland in 1880, and among other things did some newspaper work, - It was in 1894 that he received, most un expectedly,- the appofntment as minister to Slam, It was not at that time a very Important portfolio, but , Mr.- Barrett took advantage of his opportunity and made It far more Important than it had ever before been. While there he trav eled extensively through the far east studying . conditions commercially and the. habits of the people. He resigned that position in 1898. When the war with Spain broke out Mr. Barrett Was sent by Harper's maga zine as war correspondent, and be was in the Philippines a large part of the time with Admiral Dewey, and a part of. the time in various sections of the Islands. He traveled nearly a year for Harper's, after which he returned home. He returned by way of Europe,- and Is the first American having the dis tinction of addressing the house of commons, which he was invited to do." I 'In 1901 Mr. Barrett Was appointed commissioner-general to the Orient for the St Louts exposition. 'This position he occupied for about one "year, traversing China, Japan, Slam and other countries. He completed the. task one year ago, at which time he was ' ap pointed minister to Argentine." , MASTER BUILDERS ARE EMPHATIC TKEZB BEQTTESTS TOB OXANOBB BEaAJWXNO XJBTTXNO 07 OON- TXAOTB POB TAXSL , BTTriOtllOB NOT TET "A OLOIES XNOXDENT," TNJBT DECXABB XN A XiETTEK. The Master Builders' association re fuses xto accept as final the decision of the Lewis and Clark exposition com mittee with regard to .. the erecting of buildings for the fair. The builders do clare that there Is not time for local contractors to make bids, and in a let ter sent March 8 asked for an extension of time, requesting besides several other changes. To this letter Secretary Ollt ner of the commission replied that the preparation of and adoption of the plans snd specifications were a closed incident and Could not be changed. These two letters have been previously published by The Journal. n At a meeting of the Master Builders' association, held last evening, in room 231 Sherlock building, this letter, signed by President J. B. Bridges and Secretary O. W. Gordon, directed to Jefferson Myers, president, and the honorable members of the Lewis and Clark Cen tennlal exposition commission: "We, the officers and members of the Portland Master Builders' association of Portland. Or., feel compelled in the best -interests of fair and 'honorable business transaction to state to the pub lic through the medium of the press that we consider the position taken by the honorable fair commission one which cannot be harmonized with the theory that ths honorable committee desires to give, a fair and open opportunity to every responsible bidder to erect the fair buildings. - We cannot see, and we de Sire to. know what Is meant by the pro vision of their specification, that their building superintendent shall have power to compel a contractor to furnish or supply things which are not mentioned In the specifications or shown In ttra plans. . ' "A thing so' patently one-sided cannot bs excused on any grounds; It suggests things which we care not to express, yet cennot , as citizens submit to without protest In a publlo enterprise. It cer tainly opens the way to most outrageous aDue.es. we cannot see that such a course ,1a fair treatment to the home builders, many of whom have supported the fair enterprise with their money. Need of More Time. "Another request which was turned down was the one to extend the length of - time allowed the contractors . for figuring the. buildings, and also opening the bids, on each building on different dates so that only. one. building would be 1st at a -time. , After the honorable committee' and their architects spend a year getting up plans, 'they expect a contractor to make up and place a re sponsible bid, In 24 hours. No comment is necessary to show the absurdity of this, but why must this be so? The an swer of the honorable commission states no reason why their arrangements may not now bs altered and rectified, except that the committee has met, and 'the matter Is " a closed incident". We predict that the resulting abases will not be a closed incident for a long while to.' come." jy .. SEAMEN'S UNION IS 19 YEARS OLD Air along the coast last night the Seamen's union celebrated ths nineteenth anniversary of ths organisation. The Portland branch observed the event with appropriate exercises., There-were fully iw peopiejn attendance, many. of whom were ladles. Music and speech ma Win were ths order of, tha evening. BOOST FOR .THE MITCHELL WING EaronriEBS' . poxjtxoax. . ox.tra XAXES IJTDOBSIMXNT JUDOS . OAxxrr . ' mnin , . wrrx : hzs rOBOES, BUT KKOV MEN ABSENT HSAXST SEKOCBATXO CX.VB. A big boost-jwas given to ths Mitchell wing of the1 Republican party Monday night by the - engineers' political club. By a close vote It decided to support those who term themselves the "reg ulars," and they afterwards made It unanimous by all agreeing to support the Mitchell . faction. . Judge Carey was present and- made an address, and it Is claimed that he contributed very ma terially toward framing up the action of the organisation. Although Invited, none of the Simon men were In attend ance. ' ..p '-'-A The engineers' political club was ort ganlsed on February 8 for the sole pur pose, -as the , name Implies,-to take a prominent part in the approaching cam paign. At present it is composed wholly of marine and stationary engineers, and its estimated membership ls S50, The firemen, coal- passers and oilers have also been Invited to Join in ihe move ment, ana it is claimed that within a very short time the club will be 1,200 strong. One of the chief objects which the organization hopes to attain by enter ing the political arena is to secure an engineers' state license law. The legis lation will be wholly for the benefit of the stationery men,- as theilcensing'of the mariners is already regulated by a united States law. But the two classes have Joined forces to secure a state li cense taw, asserting that such leglsla lion will not only be In the interest of the ; engineers themselves, but will be the means of saving life and. property, By compelling an applicant, for a po siuoii oi this character to secure a 11 cense .from a state board appointed for the purpose, they argue. It will be the means xf doing away with incompetency. rand for that reason many disasters will oe averted, it will have the effect, they believe, of bringing the work up to a high standard of efficiency. After Assistance. In order to gain their ends, so sav the members, they decided that the most practical method which suggested It self was to secure the assistance of one or the other of the old political parties. In return for a promise to work for' the proposed license law they decided to hand over their Votes. . Several of the more Important politicians were Invited to meet them, and submit a proposition, but aside from the Mitchell men no one responded. . There was some displeasure exnrei at the action which the club took Mon day night, and some who are In close touch with th organization doubtful as o whether or not all the engineers will hang together In the mat ter. Many ' of them are nronounpari Democrats and others have been strong louowers or tne Simon wing, and it is said to highly probable that there will be a little trace Jumping done before election day arrives. , , ' Hearst Ssmooratlo Club. ' J. W. Shrader. business a rent of the Carpenters' union. Is authority for the statement that there will b a Hur.i Democratic club organized at Portland within the next two weeks He says a movement is now under way to form such a club. - , ; "I am afraid." said Mr. Shrader, "that Mr. Hearst will be nominated for presi dent I do not like to see it for the rea son that another panic is about due, and when that time again comes I want to see a Republican at ths head of affairs. It will then be convincing proof to-my many friends on the other side of the political fence that Democratic adminis trations do not always cause panics. There Is certainly one coming at no dis tant day." , r William Horan, a -prominent member of the Painters' union, says that union men will undoubtedly Indorse candidates for the legislature who are known to be In sympathy with the labor movement Asked If he had any particular candidate In view ha replied: "No, but I have understood that some of ths union men are talking very seri ously of trying to nominate Grant Mc Donald, secretary of ths Federated Trades counclLlr ST. PATRICK'S DAY IN PORTLAND The celebration of St Patrick's day In Portland will Include two services en the night of March 18, one service In the morning and one at night March) 17, and bids fair to be a memorable event St Mary's hall at Williams avenue snd Stanton street. Alblna. has been se lected as ths placs for holding one of tne two entertainments of March 18. The program for the evening is not yet obtainable, but will Include the usual Irish patriotic songs and recitations. The chairman of the evening will be Judge M. O. Munly. Attorney J. H, Murphy has been selected to deliver the speech of the occasion, and his subject win oe t ne uenius or a Race." The other entertainment of March 18 will be held in St Lawrence church, at Third and Sherman streets. Devotional songs will precede a lecture to bs given oy xne ev. .rather Carroll, c. S. B on "Ireland's CathollcltyHer Glory." On St. Patrick's morning solemn high mass will occur at St Patrick's church, at Sixteenth and Savler streets. -The expectation Is that Archbishop Christie win omciate at this service. The An cient Order of Hibernians will attend in a body, and delegations from "ths Young Men's Institute, Irish. League, Knights of Columbus snd the Catholic f oresters will be present The, crowning event of tha riav will be the entertainment at ths Empire the- atre, in which some of the best talent In the city will appear. Governor George n. unamDenam ana Mayor George H Williams have been Invited, and will speak, but ths subjects are not yet Known. ' -1, : : At the Empire entertainment Mrs Rose Bloch Bauer, Mrs.; Walter Reed. cathieen Lawier, Nicholas Zan and J. B Belcher will take part It Is expected that this entertainment will be one of the most enjoyable, events of 'the year. It will be given fsr the benefit of St. Patrick's church, uhder the auspices of the' Ancient Order' of Hibernians.: . i Met? a try has been selected as speaker of the evening. - J. S. BACON GETS WARREN POSTOFf ICE (WiKhingtna Bureau' ef The Journal.) Waahingion,, .March 9. James 8. Ba con has been appointed postmmter at Warren, Or. - . . - FRAUD AND OPENLY CHARGED Insurance Case in Superior Court Turns Into : a Sensation of Unusual Interests-Startling -77 Answer to Aliesina's Clajm. " : In its answer . to the. suit Instituted by John Allesina, the umbrella merchant, the Fire Association of Philadelphia ac cuses him of fraud and perjury. This and a number cf other interesting alle gations are contained In the document filed 'this morning in the state circuit court by the company's attorneys, Veazte Freeman. AUeslna's store, at 288 - Washington street was destroyed by fire last April. He carried insurance in seven compa nies. Being unable to agree on the damage the various companies and Al lesina agreed on appraisers and an um pire, but their decision was repudiated by the companies. Recently Allesina secured a verdict In the state circuit court for the , full amount from the Liverpool, London & Globe .Insurance conjpany. By previous agreement all the companies but the Fire Association of Philadelphia were bound by this Judgment In its answer lbs association 'declares that the actual rash value of the stock carried byAlleslnat oh .'January-1..490S. did not exceed, 17,109.28, snd that his actual loss by ths .fire did not exceed 15,465.86. much iess than the amount of his Insurance. The appraisers fixed the loss at $13,662.28. It is represented, that Allesina falsely asserted his stock to be worth f rjftm $17,000 to $18,000. The association fur ther claims' that the policy was nullified by the umbrella man permitting his RIVER AT PORTLAND The river Is slowly rising at Portland and, the weather bureau states that It will reach a stage of 14.1 feet tomorrow and 15 feet by Friday. Unless there are -continuous rains in the meantime it is not expected to get much higher than that, which, however, will be sufficient to bring it over the lower dock at the foot of Ash street, It will lack about a foot of -getting over the other docks. A report to the' weather bureau this morning states that the Snake river at HEAT TRUST TO BE INVESTIGATED (Washington Bureau of The Journal.) Washington, March 9. An Investiga tion of the meat trust Is desired by Representative Martin of South Dakota, and .he has succeeded In 'obtaining a favorable report on his bill calling upon the secretary of commerce and. labor to Investigate the cause of low prices of beef cattle in the United States since July 1, 1903, and the unusually large margin between ths price of beef cat tle and the selling price of fresh beef. The purpose of this Inquiry will be to determine whether these conditions have resulted from any contract, or combi nation, or trust or conspiracy In re straint of trade. ' In favorably reporting this bill the committee on interstate commerce says that the last three years have been years of great prosperity in the United States. Ths growers and feeders -of livestock have shared In this general prosperity until the first part of 1903. Beginning at that time, the committee states, the market for beef steers has gradually declined, until in December last- the prices were lower than at any time in five years, and that it is difficult to ac count for this condition In the beef mar ket by- natural causes alone and these conditions have -entailed heavy- losses upon cattlemen in the range country and elsewhere and profits practically disap peared last year. , If this bill now passes the house and also the senate. Secretary Cortelyou, of the department of commerce and labor, will take charge of the Investigation under authority conferred in the act creating his department, and it will be the first important Investigation under taken by him. SAYS HUSBAND Casper Kuffler was sentenced by Mu nicipal Judge Hogue this morning to psy a fine of $50 and to- spend the next 80 days In ths city Jail for having hit bis wife In the eys with a saucer. The assault was committed last Saturday at ths Kuffler's horns Jn Sunnyslds. When on the witness stand Mrs. Kuf fler told a tale of suffering that has lasted for many years. "He has beat me hundreds of times, and often has said that he was going to kill me," said Mrs. Barbara Kuffler. "Many a time hs has picked up ths potato masher and bit ms over ths head with it, but I was afraid to tell on hint because hs said he would kill me." OUv Kuffler, their 13-year-old daugh ter, stated that the father had beaten her mother many times. Kuffler said that his wife had refused to 000k break. fast and that he' had worked all day without anything to eat, 'When I came noma to supper sns oegan maatng a row and I threw some souerkraut in her face," said ths old man. COUNTRY EDITOR FOR GOVERNOR (Journal Special Bertlce.) . I Wichita, March . 9. The Republican stats convention' met and organized this morning.- This sfternoon Edward II. Hoch, a country editor of Marion, was named for governor. President Roose velt for president was endorsed In the platform. v , . Thomas Murdock, who selected Hoch, was stricken blind during the night; TABU AWhrr BCLL. ;( Journal Special Service.) Washington, March 9. The ", senate passed the army approprlatlnn blll today without material modifications. THREATENED HER PERJURY stock to be incumbered by a chattel mortgage, in direct violation of Its terms. ' - , , . In one paragraph of the answer is found the statement that F. J.. Alex Mayer, local agent of the company, "had good grounds and reasonable causa for believing that said Inventory of January 1, 1903, was not a, genuine inventory, but was false and' fabricated, and that said sworn statement and said exam mation under oath, so far ar-the same related to the value of ths stock snd the amount of the loss,' were false, and that plaintiff knew said facts, and had in the negotiations with defendants and in the proceedings before the appraisers en deavored, by the means hereinabove re cited, to impose upon the defendant cor poration a claim greatly In excess of his lawful right to reimburse for his loss." The final 'paragraph of the . answer makes a direct charge of perjury and fraud- against Allesina. . Its text is as follows: v "That In and by the policy of Insur ance .Issued by the defendant corpora tion to the plalntlffr-which Is the policy of Insurance mentioned In the complaint it Is provided that said policy shall be void in case of any :.r fraud or ' false swearing by the Insured touching any matter relating to said insurance or the subject thereof whether before or after a loss, and the aforesaid acts snd con duct of plaintiff constituted fraud and false swearing In fact and within ' the meaning of saiT provision." . STEADILY RISING Weiser, Idaho, has risen 8 feet at that point within the past two days. It now stands at 11.8 feet at Weiser and 11.1 feet at Lewlston. Forecast Official Beals says this Is unusually high water for. the Snake so early In the season, but. he does not apprehend that-there will be any damage done of any con sequences ai a result The Columbia Is also high, .and for this reason the Wll lamette will remain at a higher, stage longer than It otherwise would. , CONQUER PAPA AFTER MONTHS (Journal Special Service.) Walla Walla, Wash.. March 9. After 72 days', confinement In the county Jail here awaiting trial in the superior "court on a statutory charge, Edward Lewis Tracy spent last night in the enjoyment of freedom, all , ths charges r against turn having been dismissed. Had he and Laura Naylor of Athena had their own way about the matter, their marriage would have been con' summated many months ago, and there would never have been any grounds for the accusation which - was brought But Laura Naylot was under age, and her father, I O. Naylor, a rancher of Athens, an Oregon town about 10 mile south of here, refused to give his con sent to the marriage. v Then, It Is claimed, and It has never been denied by either of the young peo ple, they took matters Into their own hsnds, ths girl left her home, and ths two lived at a lodging house In this city as man and wife. When the father heard this, he was enraged, and preferred statutory charges sgainst Tracy, Miss Naylor remained faithful and even went so far as to start proceedings in ths Oregon courts accusing her father of Improper rela tions with herself. ; These charges were never pressed, however, and the father has never been arrested. Trscy's esse, which was to have come up st the last session of the superior court nere, was continued, because he did not procure an attorney until a few days before the trial, though he had been In custody some weeks. , Meanwhile efforts were put forth to hsvs the father consent to the marriage of his daughter, out they were for a long time unsuc cessful. It was claimed by many that me couple were merely trying to post pone matters until the girl should at tain ths age of IS this June, when they would b married.' v ,.. , .- Last Monday ths attorney for ths prisoner was successful in gaining from the irate father his consent to the mar riage of his daughter, and a promiss to withdraw all proceedings against Trscy, snd aa a result ths young people were married yesterday before Judge Brents, and-the case was dismissed; During his long imprisonment Tracy has been faithfully awaited on by his present bride, and onco every day,-often two or . three times, did she visit him in JalL !.. " , AS a result of ths consent of the father all proceedings against him will bs withdrawn also, this being the strons-. et argument, it Is said, by which Tracy's aiiumey was a Die to wring from him nis sigmture to the document necesssry to the happiness of ths young people. BANKER'S SON A ' MERE SPENDTHRIFT (San Franclaco Bureau of The Journal.): San Francisco, March 9. Pretty and stylishly dressed, Mrs. Mary I. Dow testified before Judge Graham that her husband had her little boy for so long that shs had lost all trace of him save to know that he had remarried sines hs had left her. . Though her husband. Clarence M. Dow. is the son of a Den ver banker, at no time . during their married life of 10 years had he con tributed one cent to the support of her self or child, having squandered what sums of money he accumulated Judge Oraham ordered a decree of divorce is sued. . ; ; : , xm xovob or tn. bxouokzb. The I. B. C. club of the 8econd Bap tist church will give a stag party this evening, in honor of Dr. J. Whlteomb Brougher, the new pastor of the- First Baptist church. The following Is the progrsm: . 1 . , Instrumental solo, J. F. Bamford; Con cert . phonograph numbe'rs; comic solo. Prof. Mike DeVpung; address, Rev.. J. Whlteomb' Brougher; . selection, jelub quartet ' . . . .. . .. ,. .... .. After ths binijuet theri w(ll bs tQe.etB by some of; ths dub members. NOT PROtMPT IN PAYING TAXES XZBATB . OH TAXES CEASES OK MAXOH 15 AB9 SO 7AB ODTLY $&, 000 XAS BEEX PAXD THE TOTAZi TAXATZOB XS 13,000,000-BECEXPTS ISSUES' TO DATE 8,500, ' The Indications are that the number of property owners obtaining rebates on taxes by'prompt payment this year will be far fewer than last year. ..Figures, in possession of David F. Drydcn, ths chief deputy . clerk' in the tax collec tor's office, show that up to noon today only about $550,000 has been paid on the rolls, the total amount of taxation being 12,000,000. " March 1 Is the date on whictvthe re bate ceases. Several large taxpayers are" expected to settle their accounts at tha office fn the next six days, and it is probable this amount will be trebled by the time tha rebate ceases. -.. . -. "A comparison of receipts for this year and last shows the difference in the amount of payment;" said Chief Clerk Dryden. "Up to March 16 last year 17, 000 receipts for tax payments had been issued. The rolls this year have-bsen open since Februsry 1 and only 8,800 receipts have been Issued up to this time. This means that to aggregate as large an -amount as that on which a re bate was given last year about ,600' payments wll have, to be made in the next few days.". ' ' ' " The amount of taxes paid this morn ing was a little more than $47,000. This make a total of $550,000 in round num bers of taxes collected up to noon to day. -.t- ',.'. -fr-V--r: Clerk Dryden states that those who send In checks in payment of taxes need not worry about not receiving receipts immediately, as the staff at the col lector's office is overworked. The re ceipts will be forthcoming ss soon as possible. Those who wish to pay only half the amount or their taxes are ad vised to wait until next week, as they will then be betters able to reach ths . counters, ' t - " K. J. I IMPORTANT CASE (Journal Special Service.) Spokane, Wash., March 9. Kennedy J. Hanley has won his suit against the Empire State-Idaho Mining and Devel opment company, and Is entitled to re cover ths full value of one eighth of all the ores taken from the Skookum mine without paying for any part of, the cost of- minrhg and transportation, a decision for $260,241.8$ being given tor Mr. Hanley.-' a w : . Chief Justice Fuller Monday settled the sensational case against the Emplr State company. In which Mr. Hanley ac cused Sweeny and Clark of getting pop- session of the property by fraud, exclud ing Hanley from the property snd with misrepresentation of the property at the time of the Intended purchase. Justice Fuller denied the writ of certiorari to review ths whole case, made by the Em pire Stats company, and refused to re open .the case. . , -,. Ths case is one of the most widely known of the legal battles that have been fought in the northwest. The fight has been bitterly waged by the attor- t neys on both sides. At the first seres of trials In this case, ths decision of tho court of appeals awarded Hanley an eighth Interest In the proceeds of all the ore taken out of ths Skookum claim by the Empire Stats company; that com pany to have no deduction .for the cost of work, so long as Hanley was excluded from ths property, but the deduction to bs allowed after he was allowed ad mission. Tha master allowed Hanley $280.- 241.83. holding that Hanley was entitled to all the oroceeda so lona ss he was ex cluded from the property, Jwhlch th master found to be from ths period or production down to Februsry 15, 1902. An. exception to the master's report was ' ruled upon by united States Circuit Judge Beatty. who held that Hanley was entitled to the gross value 'of ths ores taken out up to the time the suit was brought .and to the net values after that time, regardless of exclusion. Both sides, sppealed the case to the circuit court1 of appeals. ,;; Ths Emplrs Stats company claimed that Hanley was not entitled to any thing, as the company claimed the ore apexed . outside of the Skookum - claim . and on a claim owned by the-Empire State company. At the least the Em pire Stats company' held it was entitled to deduct ths coat of working. Hsnley said, ha .was entitled to the full amount, without deducting working expenses. The court of appeals sus tained Hanley. Ths Emplrs Stats com pan? ftien mads an application for a , writ of certiorari to review the entire case.. -. - .-;. ;.-; ,:t -- WHAT VOLUNTEERS HAVE BEEN DOING During 1908 the Volunteers of Amer UNLET WINS ica, according to statements msds by ... ths commander, Balllngton Booth, ' In . ths mission work, attracted -1,077,965 persons to ths Sunday and week 'day services Inside, and over 2,600,000 to , the : open air meetings. In his report the commander says: : ;..! tit Not - including some of ths returns there hsvs been over 400 women cared for and over 8,000 beds been provided for young women in the homes of mercy. " ' '. ' '. There have been 479 children re ceived into, and cared forr In the Chil dren's homes, and 3,400 children have been helped with clothing: The Volun teer officers snd workers- have visited and aided 29,084 families during 1 ths year in and around ths poorer sections of ths large cities where they labor. No less than-M0, 6W people-were lodged durlig - the . year in : the homes and Institutions for working Snd desti tute men and women, not counting ths many hundreds sheltered during th floods in St Louis, Kansas City and Other centers. - ; - "There were 275,42$ persons fed -with substantial msals at a nominal cost In these institutions, and 81,900 persons were given temporary ' relief and food.., Over 4.000 quarts of fresh milk wero donated principally to sick children. ' "Over 14.000 prisoners living re formed lives, have been enrolled In the Volunteer Prison leagua during six years. We are In touch by correspond- ence and meetings . with 28,000 . men within ths walls." , , -C; 1 vr 1 v 5 PASS XrriBCr BXX.&. V V ; (Waiblngtoq Bureau of Th Journal.) v ' Washington, D, C March J. . Ths serfatw--today passed the Philippine ship- . ping bill. , - OOLX.IBB DIES NABOB: 86.. (Journal Special BrrvlntJ r. New tfork, March 8. The execution ; ff Oenrge Collins has been postponed lo March 28. . -