THE OREQOK DAILY JOURNAL, PORTLAND, MONDAY EVENING. MARCH 14, 1904,
ASK RECOMPENSE
FOR LATE ROOD
Property Owners - Who Suf f ered From Tanner
: Creek Flood .Believe City Is Liable and -Claims
Have Already Been Filed.
. Already the city of Portland has been
served with a notice that claims will be
made for all damage wrought to the
property on which the shaft la being
sunk back or the engine-house on Six
-teenth and Washington streets at the
scone of the break In the Tanner-creek
sewer. Frank Robertson, of the firm
t Corbett. Failing & Robertson, owner
of the property, served the written no
tires. "The city has clearly been negligent,"
' said Mr. Robertson, "and when I saw
; they were starting to sink a shaft on
mv property.--I- served notice, on ...the
city attorney, the mavor and the city
.engineer that I wanted the work stopped
Until a guarantee was given me that I
would be reimbursed for all damages."
"I was notified," Said City Attorney
.McNary, ''but of course the city has to
take some excess of authority in such
.cases, for something had to be done,
and done immediately. It would not
do to atop and ask all of the property
owners' what to do, for they would all
have some objection."
The Tanner creek sewer is one of the
largest and longest In the city. It was
completed in 1891 and is built of brick.
It carries all of the water from Canyon
.creek, a stream that flows down the
steep hills back of Willamette heights,
and which at times Alls with an immense
volume of water. When the sewer was
built it was started at an old tannery
over the Washington street hill back
of the heights, and from this it received
. Its name.
. "We have previously had trouble whh
PETTICOAT POLICE
;. . : ROUT A THIEF
Pursued by .a dosen, screaming women,
a man who snatched a fur boa from the
shoulders of Miss Stella Watkins, a
stenographer, at the city auditor's office,
ran madly down the street this, after
noon, and was : obliged to drop his
: plunder In order to escape. .
The Incident took place at 1 o'clock.
Miss Watkins was Just returning to the
city ball from luncheon and as she en
tered the building a man stepped from
the doorway and snatched her fur boa.
The thief ran and with a cry of "stop
Three suits growing out of the fight
, between the Mitchell and Simon factions
of the Republican party, air In the inter
est of the Simon faction, were heard be
fore Circuit Juge Sears this afternoon.
The first is a petition for an injunction
.to prevent prisoners from the county
jail, registered' recently, from voting at
the primaries. This .t petition - names
Sheriff Storey, Jailer Jackson, County
Clerk Fields, Judge Carey and "Jack"
Matthews as defendants. Judge Sears
said that the sheriff is the only defend
ant who has custody of the prisoners,
therefore the only person concerned
In-the case. In spite of objections by
Attorney Mays . for Judge Carey he'
- continued the case until tomorrow after
... noon at 2 o'clock. 3. C. Moser, for the
plaintiff, consenting.
. Argument was then taken up in two
exactly similar suits for writs of man
damus to compel the eounty clerk to
place on' the ballots Simon nominees
substituted for those withdrawn In two
precincts.
Judge Sears at S o'lock granted writs
, of mandamus In both' cases.-
Attorney J. C. Moreland appealed for
County Clerk Fields, Wallace McCaroant
: and a. C. Moser for the two plaintiffs. .
- W. H. Foster, Simon's nominee for
delegate In precinct SI, has resigned
from the ticket.
Despite his refusal to offer himself as
; an Independent Republican candidate at
: the primaries for the Republican county
convention. William Taylor's name was
appended to a ticket from precinct 42
with that of J. M-Kelty. On his writ
ten representation that the use of his
' name was unwarranted County Clerk
Fields canceled It Sydney Smyth's
name was placed on an Independent
ticket from precinct it after It had been
signed, lie declined to accept the nom-
: ination and his name was also canceled
by the county cleric
Because Fields refused to substitute
- the name of Charles A. Oeil In precinct
42 and II. L. Neville In precinct 49, ap
plication was made in the circuit court
this morning for a writ of mandate In
structing the, county clerk to place their
' names on the official ballot. An order
for Fields to appear In court at 2 o'clock
; this, afternoon and show cause why an
imperative writ of mandate should not
, issue was signed by Alfred FJ Sears, Jr.,
judge Of department 2,
In speaking of the unauthorized use
. . of his name as a Simon delegate. W. M.
Taylor said this morning: "l don't
knew who signed my name, but It was
doubtless done through a miaunderstand
, Ing. I don't think there was any bad
intention. I declined several times to
be a candidate, though they urged me
very strongly to run. All of these oeo-
ple concerned in getting up the petition
are menus or mine."
The suit to enjoin Sheriff Storey,
Jailer Jackson and County Clerk Fields
from allowing inmates of the county Jail
to vote at tne primaries. Judge Carey
' and Jack Matthews being co-defendants,
Is also before the circuit court this af
, ternoon. A dosen of the county prison
ers were registered several wek ago
.' and this suit is brought by Harry E.
Estes, a Simon candidate for delegate
" from the courthoue precinct, to prevent
. them from voting. Frank P. Mavs and
J. C. Moreland represent the county
ciera anu juate v;arey. Air. Mays said
this morning:
MOROS AGAIN IN
FIERCE ATTACK
. (Jnnruel Ppaclal Servlct.)
Manila, March 14.-General Wood re.
ports that a Here attack was made on
a reconnoltering force east- of Cottabato
by a strong party of Moros, whose. po
sition was shelled. ; Tha rebels' out
works were taken. There were no'
Amertran casualties. ! .
- Wold's report makes no mention of
Moro losses, other than to say that
mui.li punishment was wnicted.
SIMON MEN WIN
MANDAMUS SUITS
the Tanner creek sewer, and It Is said
by Home that it is not built of the best
of material and is faulty In construc
tion." said Deputy City Engineer Shan
non. "It has been charged that In this
break the city engineer's department has
been negligent, but this is not true," said
City Engineer Elliott. "The dangerous
condition of the sewer was reported to
the office three weeks ago last Saturday
and a force of sewer men went out .at
once and did all that could bs done at
that time. The water was high and It
was impossible to get at the sewer until
the weather cleared."
The first break occurred three weeks
ago last Saturday. The last break oc
curred, with the results already known.
All ; of the city officials, Including
Mayor Williams and City Attorney Mc
Nary. deny that any blame attaches 'to
the city ,for the damage done by the
break and subsequent flood, but property
owners who have suffered take a differ
ent view.
The city engineer's department has not
yet solved the problem of how to repair
the Tanner creek sewer break. The
pile driver did not suffice to open the
newer, and late Saturday afternoon a
force of men began to sink a shaft for
the- purpose of reaching the break in the
sewer. A mass -of rock was encountered
late yesterday, and late today the men
had not been able to penetrate it. There
fore the water still stands over the Meld
and adjacent blocks, although it does not
rise any higher.
thief," the stenographer gave chase.
Several other women were passing at
the time. Each added her cry to that of
Miss Watkins and clutching her skirts
joined in the chase.
With one frightened look the running
man glanced at the rapidly increasing
number of his pursuers, and at length he
let go the boa and sprinted.
Out of breath, but triumphant. Miss
Watkins recovered her wrap and walked
slowly back to the heltf surrounded by
an Indignant group.
MILITIA TO FACE;
AN INSPECTION
Portland assumes a martial air today
which will : . continue throughout
thfl WPftk and until h WiJnui,
following. The shrill call of tha buglo
will mingle with tha hoarse commands
Of tha Officers in tnuatarlnor thA Natlnnnl
Guard of Oregon for an Inspection which
will begin promptly at 8 o'clock tonight
xuriug me pasi wees: memoers or tne
guard have been busily engaged In bur-
nlstline- Sabres and nnltahina- ITpar.Jnr.
gensens in anticipation of the event
apauiets are Deing DMgtuened and uni
forms are being pressed to enhance the
appearance Of the a-uard as muoh a a
possible,'.' .; ;. ,.,
- Beginning tonight, Lieut-Col. Frank
Taylor, Nineteenth - United States in
fantrywlU Inspect the militia of the
state. All the organisations and detach
ments of the service which are located
in Portland will be Inspected separately
and - minutely, by the regular army
officer. The troops will be examined
concerning tha manual of arms, in mil-
nary lacucs ana in an things which
pertain to military service, particularly
those' thlnffa which refer tn rllao1r.ll.,
and physical adaptability.
Bince February 26, Colonel Taylor has
been inspecting the troops of tha state.
On that date he reviewed Company I,
Third infantry, at Woodburn. From
that place he visited Salem. Albany,
Lebanon, Eugene. Roseburg, Ashland
and every other place where detach
ments of the National Guard are located.
During the present week he has visited
Baker City and The Dalles, where Com
panles B and A of tha Third Infant
are located.
LOCAL JOBBERS
A temporary organization of the
North Pacific Coast Jobbers' and Manu
facturers' association was effected at a
meeting Saturday night in the rooms of
the Oregon Wholesale Grocers' associa
tion In the Newmarket block, corner of
First and. Ankeny. streets. .
The organization la composed of the
leading wholesalers of the northwest and
the principal business for It now Is to
secure better traffic rates from the rail
roads. It is one of the principal pur
poses of the organisation to oppose the
granting of terminal rates to Spokane
merchants, which they are now clammor
ing for.
"The organisation' says Edward Ehr
mann, of Mason, Ehrmann & Co., "has
been contemplated for some time. Of
late Spokane has been gutting all the
rates in her favor and we thought It
was the proper time to do something
for .ourselves. The organization is a
separate one from the Pacific 'Coast as
sociation which ha Its headquarters In
San Francisco."
Those in attendance were: From Port
land T. D. Honevman. of tli llinv.
man Hardware company; Mr. Smith, of
tne Marsiian-weus Hardware company;
A. V. Biles, of W. P. Fuller & Co.; A. L.
Lewis, of Allen & Lewis; Henry llahn,
of Wad hams & Co. ; E. Ehrman, of Ma
son, Ehrmann & Co.; 1. Lang, of Lang ft
Co.; A. and Frank Kerr, of Wadhams &
Kerr Bros., and W. A., Mears. From
Seattle -J. S. GoldHmtth, of Schwabacher
Bros., company; A. B, Burwell, of the
Seattle Hardware company; Mr. Boole,
of the Schwabacher Hardware company.
From Tacoma Mr. Messenger, of the
Hunt-Mottet company; F 8. Harmon, of
F. 8. Harmon ft Co., snd Mr. Hyde, of
the West Coast Grocery company.
roxm deb nr ztxFLoaxoif. " "i
- n (Journl Hpertai Rerrtct.) '
Oaklsnd. Cat., March 14. An explosion
took place this afternoon in the Sobranle
powder works. Four men are reported
killed and several pthers Injured.
OPPOSE
SPOKANE
JUDGE DISSECTS
A PRESS GHOST
X. X. PETES TEU CITY PMSS
dlUB WE1T JilBSfc IS Aid HOW
ZT CAST BEST BS ESCAPED TWB
SPEAXEB ZS RECEIVED IWTO THE
CLUB JJTTSB BIS ADOBESS. .
Forty newspaper men assembled at
the City Press club Saturday night and
listened to the paper by Judge Martin
L. Pipes on the law of libel. The ad
dress was followed by an impromptu en
tertainment of newspaper reminiscences,
singing and recitations. Refreshments
were served.
At the conclusion of the evenings
entertainment Judge Pipes was elected
to membership in the club. The speaker
was introduced by President John H.
Stevenson. His paper follows:
Gentlemen of the Press Club: When
I was a boy in the south I used to hear
of a "lie bill." This was understood
to be a signed retraction of a deroga
tory statement made concerning some
one - By what -process of reasoning the
unlnstructed mind came to give this
instrument Its name, I know not A
lie bill came to mean a retraction of a
falsehood.
But this was a mistake, both of ety
mology and law. The word libel has
etymologlcally nothing, to do with a
lie. It Is the diminutive of the word
liber, a book. Originally la law a libel
was not noee.isarlly false. The crimi
nal law against libel was aimed at pro
venting breaches of the peace, and the
truth or falsity of the matter was not
in issue. ' '
The procedure in case of a "He bill"
was simplicity itself. It began with
m exhibition of firearms, and the ver
dict was usually rendered by a coroper's
Jury. '
I picked up an old law book the other
day which contains one of the earliest
laws of libel known to men a doob
with which you are all doubtless unfa
miliar. It was first published "'exclu
sively" by a man named Moses, and
the law Itself Is written with a brevity
not copied by lawmakers of the presoht
day. It reads: "Thou shalt not bear
false witness against' thy - neighbor. .
That Includes both the law of libel and
slander. In modern times libel Is con
fined to bad things only that are ex
hibited by the graphic art, while slan
der consists of bad words spoken.
The Kola of a Bewspaper.
I am aware of your difficulties. Tou
are obliged, by the very nature of your
business ' to prjnt events as they hap
pen, and to print them witnout aeiay.
Most events are connected with the
doings of persons, and the most inter
esting news relates to tha ill doings of
persons. When you record tha convul
sions of nature you are safe, for you
cannot libel Mont Pelea or the Hepp-
ner flood, but most commonly you are
required to determine, at your pern,
whether some human transaction In
volves a bad action. In getting at the
truth, you are obliged to rely on tha
very common Inaccuracy of people who
pretend to know of the transaction. An
Inaccuracy In observing and In relating
what Is observed. You are also con
fronted with the usual source of men
dacity arising from interested motives.
In getting your story, you hava no time
to verify or sift, satisfactorily, the
details that you gather. And that Is
why you are legally guilty of .libel
nearly every day of your troubled lives.
When you hava done the very best that
you can, you will constantly find per
sons who will not agree with you aoout
your statements. That In this difficult
duty you so usually coma forth un
scathed of life and limb and purse,
must be due to marvelous skill or In
vincible prowess.
Libel divides Itself Into two heads
it is a civil wrong, anfl it is a crime.
As a civil wrong the person injured has
his redress In an action for damages.
But a libelous publication is also
deemed , to be an offense against the
peace and dignity of the state; that
is, it Is a publlo-as well as a private
injury. Tha libel,- however, Is of; the
same nature in either case. It Is de
fined as a "malicious defamation ex
pressed by writing or printing, or by
signs, pictures, effigies or the like,
tending to blacken the memory of one
who is dead, or to Impeach the hon
esty, integrity, virtue or reputation, or
publish tha natural, or alleged defects.
of one who is alive, and thereby ex
pose him to public hatred, contempt,
ridicule or obloquy, or to cause him
to be shunned or avoided, or to Injure
him in his office, business or occupa
tion." '
Tou will have noticed that the defi
nition requires a malicious defama
tion, and from that you may conclude
that it Is a good defense to show that
the publication was not made from ill
will or a bad motive. But if yoa so
conclude, you will be making a griev
ous 'mistake. Tou are guilty of libel
when you print what Is llbeloualy un
true, though you may be ever so hon
est or have the purest rnotlve. Malice
In law does not Imply ill-will or a bad
motive. Itjonly implies a wrongful
Intent to do an act whoreby another
is or may be injured, without just
cause or excuse. The law calls this
Implied malice, and It requires no proof
other than the publication itself. There
is, however, a kind of malice that the
courts call express or actual malice,
and this requires proof of bad mo
tive. It is only material to be proved
where the plaintiff claims punltivo or
exemplary damages. Ordinarily a per
son Injured by the wrong oC another
is only entitled to be made wholo, to
be compensated for his Injury. Hut in
libel, as in some other cases, the
courts permit the injured person to
recover more than compensation as a
punishment to the wrongdoer, and to
deter others by his example, puni
tive damages are allowed In libel, as
in other cases of injury, only when
the wrongdoer has been actuated by
a wicked heart.
Tha Xoaest LibeL
The law that a libel published umler
an honest mistake of fact und from
good motives, yet subjects the pub
lisher to pay damages for the injury,
Is sometimes criticised by newspuper
men.
I do not think any law would be
valid that would deprive a man of his
full compensutlon for damage". to his
reputation more than for diimuijes to
his person or property. Indeed, the
courts hold, independent of this pro
vision, that reputation is a species of
property.
, Tou have noticed from the definition
that libel is not confined to writers.
The picture maker is within its provl
slons, . I am afraid if the caricaturist,
were called strictly to account to the
law, we should lose a very humorous
and significant feature of the modern
newspaper. t -.
j How we are ever to reconcile the le
gal right of every man to, be protected
from the ridicule of the caricaturist
with our universal enjoyment of the
discomfiture or his victim, I cannot tell
Practically, however, the humorous
caricaturist is Immune from the iudit
ments of the court, because the nubile
Is participle crlmlnis ' with him. We
all relish his crime too much to suffer
b.trn to be punished. ' ' .
What Words Are libelous,' "
- I cannot hop to give 'you accurately
BARBOUR ASKED TO
- PRESENT DEFENSE
Copies of - the ' charges preferred
against J. It- Barbour, the Immigration
inspector for this district, by Attor
neys Jam' Gleason and Charles F.
Lord ' have been returned from Wash
ington and the accused official called on
to prepare, his defense, Watchman
Charles Alisky was at the county clerk's
office Saturday afternoon and this morn
ing procuring certified copies of tha
official documents in connection with the
death of Jeung Sow, or Jeung Shuey,
DRYER WEATHER
IS COMING. MAYBE
"The time has arrived," remarked
District Forecaster Edward A. Beals of
the weather . bureau this morning, "to
expect a change In the weather in regard
to the heavy rainfall. Since the first
of the yeaj, with. the exception of two
days, wa have had showers in Portland,
I now believe we may expect fairer
weather. .
"Tha rainy season lasts until about
July . Bach month during tha spring
the periods between the rain storms
grow longer. Usually we have,more rain
in February than In March, and more
AFTER MANY
BECOMES A CITIZEN
A -ft A 1 1 1 1 rv Im Vt 1 AAMf'V saKjflsllf
14 years, M. J. Walsh, president and
treasurer of the M. J. Walsh company,
engaged In business at 843 Washing
ton street, concluded that be would
all the words that are actionable. Gen
erally, all words that clearly Impute to
another the commission of a crime are
libelous. But by many authorities the
Imputed crime must involve moral tur
pitude or subject the person to an Infa
mous punishment,
But it is not necessary that tha words
used shall impute a crime to -make
them libelous, as is tha case In slander.
To picture one as an ass, to apply the
fable of the frozen snake, to refer to a
woman whose name is "Hoss" as a filly,
to - designate tine as Jo-Jo, to impute
beastliness, as "swine," "skunk," "snail,"
have been held actionable. To exag
erate a woman's age has once subjected
the writer of an obituary notice to an
action where he wrote that the woman
departed this life in the 05th year of
her age, when she was in fact not dead,
the sting being not in the false assertion
of her death, but in making her out con
siderably older than she was.
It is a drop of comfort to you that it
is libelous for one to Impute to you the
publication of a libel.
B"o Bedzess Sot Dead.
To blacken the memory of one who Is
dead la libelous, but for it there is no
civil remedy, for the action is one which
dies with tha person. But it is the
ground of a criminal charge.
There are certain privileged communi
cations whtyh do not subject tha author
to prosecution, civil or criminal. ;
. Privileged C ommnnloatjoBS. ,
. Among communications absolutely
privileged are. the proceedings of the
legislature, and of the courts, acta of
state and of military and naval author
ity. Fair criticism of public officers or can
didates for office, being of public con
cern. Is allowed, provided the facts
stated are true and the opinion is hon
est. . ,
It is Judicially settled that this lia
bility of newspapers is not inconsistent
with the liberty of the press. That
liberty must be understood to mean the
right of every one, whether a publisher
or 'not, to freely print what he pleases
without the license or censorship .of the
government
The proprietor is civilly responsible
for what appears in it It Is held In this
state that he is liable criminally also,
even though the injurious publication
was made without his knowledge or con
sent, unless he can show that he was
not guilty of negligence in permitting
the publication. I venture to question
the soundness or Justness of this rule.
The statute of this state concerning libel
requires an "Intent to defame." How
can a man have an intent to defame
when he did not know of the defama
tion? - .. Truth a Good Plea.
The newspaper publisher may always
plead the truth of the matter in his
justification, and if he succeeds in es
tablishing it to the satisfaction of the
Jury, he comes clear.
In practice, the law of libel is much
stricter in its terms than in Its enforce
ment. The publio regards the press as
an institution preservative of public in
terests. It Is therefore an instinct of
self-preservation that cherishes Its in
dependence. It Is in its relation to the government
and Its officers that the greatest ' con
flict has arisen concerning the law of
libel. There is nothing so fatal In a free
country to corruption In high places and
to the unwarranted encroachments of
power as a free press. Hence there
have been efforts to curtain or hamper
this freedom by libel laws directed
against the critics of the publio officers.
In this country in an early day an
effort was made to repress criticism of
the officers . of the government by the
alien and sedition laws, which made it a
crime to make such criticism. At least
one conviction was had under this law,
but It, raised such a storm of popular
protest that It was soon repealed, and
no such law has since ventured to show
its head. .
I think no libel law, however lenient
to the publisher, is near so much a
safeguard to the genuine-Interests of
the press as an enlightened and generous
public opinion. If a free press makes a
free people, It Is no less true that a
free people make a free press. It Is
the greatest function of the .newspaper
to conserve to each Individual his rem
edy for wrong done him, whether from
libel or otherwise, for a free people
fosters a free press, as a free press
fosters a free people.
CALL FOR FEED
FOR ARMY HORSES
The United States quartermasters at
Seattle, Portland and Sun Francisco have
been authorized ttf send out proposals
for bids on 2,382 tons of hay and 2,548
tons of oats for shipment to Manila; the
hay and oats to be of the best quality,
SAW DOMXITOAHS AOAIH FXQBT. .
(Journal Kpretat Hrrtlt. ;.".':?.;
Washington, V. C, March U4.Miu
ister PowelU at San, Domingo, report
another engagement, between 'the - government-
forces and insurgents at Ma
koris. The government was victorious,
but the insurgent leaders escaped..
whose demise occurred at the county
Jail. -
In tha complaints sent to Washington
by Lord and Gleason It was declared that
Sow, or Shuey, waa'arrested without dua
process of law and held at the county
jail without a charge being; filed against
him or without his being taken before
the United States commissioner. This
unusual procedure, according to the al
legation, caused tha prisoner to become
so excited that he -died of, heart disease.
In March than in April. May Is fairer,
than March and June has mora clear
days than Ma.y." '
The Willamette river Is rapidly fall
ing and; the, forecaster declares . that
the freshet is, 'no longer a subject for
discussion. The" river this morning was
13.S feet, which is a fall of 0.8 of a
foot alnca Sunday morning.
Storms are predicted at the mouth of
the river and along tha coast, but so
far no reports of serious disturbances
hava ' been v received. Tha rainfall
throughout the northwest, during tha
past 14 hours, has been copious. '
YEARS
Ilka to become a citizen, He went to
tha county clerk's office and took out
his first papers this morning. Mr.
Walsh la one of tha best-known busi
ness men in the city.
IS IN SEATTLE
WVXTS8 THAT SEB ZS WTUZBCr TO
S2ZTD BACK: XAX4T TKB MOVET
KB CABBXED OPP. AHD RATS
SHE IS HOW JAOVS ABUSE
STOBY SEHXED.
Mrs. Rosina Mantello, who ran away
from her home In this city a week ago
last Sunday, leaving her lS-months'-eld
babe, has written that she Is now living
In Seattle all alone, and that if she Is
wanted here she will return. She said
that she did not take I486 of her hus
band's savings, but that she only took
3400, a part of which aha loaned to va
rious friends.
Mrs. Mantello left home in company
with two boarders at her residence,
Frank and Joseph Pateatlo, on the night
of March 6, 1804. The same evening
Mantello said that bis gold, which
amounted to I486, also ' disappeared.
The latter was reported to the police,
and Detective Hartman was detailed
on the case. It was learned that the
runaway trio kept in hiding in Portland
oil the day following the runaway,
leaving the city that night in a cab for
Llruiton, where they took the north
bound train. i .
Joseph Morak, who has charge of the
case for Mantello, said this morning
that Mrs. Mantello had written that
the- reason she left home was because
her husband abused her. : ,
'This we know la not true," said
Morak. "He had alwaya worked hard
for the support of his family, and
seemed to do everything in his power
to please his wlfer - She says that she
will return to Portland If I want her.
She also stated that she was -willing to
refund ha,lf of the money she carried
away.".,'' -
. The husband of the runaway woman
spent a. day In Seattle last week look
ing for his wife, but was unable to lo
cate either her or the men with whom
she eloped, "
COURT KNOCKS OUT
NORTHERN SECURITIES
(Continued from Page One.)
combination to restrain the movement
of that commerce. I know of no round
principle of law which would deny to an
Investment company, or to any tank, or
to any individual, the right to -acquire I
a majority of the stock In two curnis4-j
lag railroads. Those who contend that
the Sherman act covers the case lose
sight of the distinction between owner
ship of property engaged In Interstate
commerce and a combination of those
who own these instrumentalities to re
strain the free movement of such com
merce. j
"If the decision when read prevents
combination between connecting roads
under lease or other contracts, It Is far
reaching and may dismember many sys
tems that are composed of leased lines
owned by separate corporations. If the
court limits the effect of the decision to
roads parallel to each other and In a
sense competitive I do not see that it
will have much practical effect."
ASK MANY THOUSANDS
FOR IMPROVEMENTS
1 ' ' -,w.
1 (Special Dtipatch to The JoaruL)
Washington, March 14 Senator Ful
ton today proposed amendments to the
sundry civil bill appropriating 3500,000
for Improvements to Tillamook bay,
3250,000 for Improving Yaqulna bay,
8100,000 for work at the mouth of the
Sluslaw river.. ;
Senator Mitchell Introduced an amend
ment to the Indian bill appropriating
318,000 for an assembly hall at the Che
ma wa Indian school.
BUSINESS LOT IS
VALUABLE PROPERTY
The lot at the northwest corner of
Ninth and Davis streets was sold to
day bv Thomaa Walon In ffVMdman
brothers for 316,000. The lot Is 100x160.
reet ana contains five dwelling homes.
The purchaser will erect a business block
on the lot.-1 The property has not changed
hands prior to this sale for .24 years. ,
. QUBEW SOWAOEB'S PTTBEBAXt.
Seoul, March 14. The funeral of the
queen 'dowager,, who died in January,
was held today, presenting a most weitM
eoene.-. The procession was two miles
long, and 100 pallbearers walked be
side the bier. Throughout the city the
scene was made more somber by fu
nereal decorations and draping.
MRS. ft. filANTELLO
OJ'ifBcDe Samni ;i Vj:
Has Pyspepsia
Stuart's Dyspepsia Tablets Are a Positive
, and Permanent Cure for the
National Disease
' As a people we eat too much and the
wrong kind of food. Because It tastes
good we crowd the stomach with rich,
unnutrltious food and drink. We over
tax the digestive apparatus to such an
extent that it . refuses to perform its
duty and a conglomerate mass of half
chewed, undigested materiel lies In the
stomach until it rots, causing tha, for
mation of acids, gases and ptomaines
which produce - the painful condition
which ge know as dyspepsia, .
For business men, ofAce men and
Clerks, and in fact every one engagea in
sedentary or indoor occupations, grains,
milk and vegetables, with a moderate
meat allowance, are much more health
ful than a heavy meat diet ,
Only men engaged in severe Outdoor
manual labor can live on a heavy meat
diet and continue in health.
It is a well-established truth that
nine-tenths of all diseases originate
with a breaking down of the digestion. A
weak stomach weakens and Impover
ishes the system, making It easy for
disease to gain a foothold.
EXCLUDE LANDS
FROM RESERVES
OKZEP POBESTEB PIJTCHOT OZTXI
OUT SSOIBZOsT ZTAMZBCr WITH-
DBAWAXS PBOM BX.TTB KOTTB
TAJB POBEST BX8TBI0T AX.OHCt
XJJTB OP PBOPOSED BAXtWAT.
j
(Special Diipttch te Tha Journal.)
Washington, D. C, March 14. Chief
Forester Hon. Gifford Plnchot has de
cided that the following lands, included
within the withdrawals for the1 proposed
Blue Mountain forest reserve, shall be
excluded from such reserve in fixing the
final boundaries of the same:
All of sections 21, 22, 25, 2(, 27, 88,
S3. 34, 35 and 36 in township 10 south,
range 36 east; also all of township 11
south, range 85 east; also sections 13,
14. 84, 35 and 36, township 11 south,
range 34 east; also sections 1, 2 and 12,
township 12 south, range 23 east, Wil
lamette Meridian, jt " ,'
Mr. Plnchot further states In his com
munication, which Is addressed to Sen
ator Mitchell, that the remaining lands
in township 11 south, range 85H east,
and in township 12 south,, range Si and
85H east are practically all held by the
federal government, and ' are . covered
with merchantable . timber and . well
suited for the purposes of a forest re
serve,. " . ,'.;'..'':.
Mr. Plnchot makes a further state
ment as follows: "I wish to emphasize
very strongly the fact that In case this
reserve is created, the merchantable
timber will be sold upon application, and
that the policy of the government will
be to encourage in every way the gen
eral development of the region." ' ,
. Tha lands Withdrawn from the reser
ve ttorr lie along the proposed lino Of
railway from Sumpter to Burns. t
APPROPRIATIONS .
FOR EXPOSITION
(Journal Special Service.)
e Washington, D. C March 14.
4 Commissioner Mclsaac says he ,
e has assurances that . Massachu-
, sett and, New York will appro-
: prlate 325,000 each for the Lewis
4 and Clark exposition, and that
these states and" New Jersey,
' Rhode Island, and probably Mary-
land, will remove their St. Louts
exhibits to Portland Immediately 4
after the close of the Louisiana
Purchase exposition. .
-
1 Nobody need fear consumption, kid
ney disease, liver trouble or a weak
heart and nervous system as long as
the digestion is good and ths stomach .
able to assimilate plenty of wholesome
fOOd.. .-V..' -..-' i- if
Thousands have some form of stom- .
ach trouble and do not know it. They
ascribe the headache, the languor, ner
vousness. Insomnia, palpitation, consti
pation and similar symptoms to some
other cause than the true one. . Get
your digestion on the , right track and
the heart trouble, lung trouble,, liver
dinease and nervous debility will rap
Idly disappear.-..;?!....;: .:' ,i- -j.
Nothing It more certain than that the
use of so-called tonics, stimulants and ,
medicines, which depend upon alcohol
for their effect. Is injurious to health in
the long run. -.-v -.':? .i- ! i-.v:i'i,
'Many liquid patent medicines derive
their . effect entirely . from the alcohol
they contain. '
Alcdhol and medicines containing it .
are temporary stimulants and not in ,
any sense a true tonic. In fact, it ll
doubtful If any medicine or drug is a
real tonic . - ..
A It rue tonic Is something which will
renew, - replenish, build up. the .ex
hausted nervous system ' and wasted
tissues of the body; something that will
enrich the blood and endow It with the
proper proportions of red - and white
corpuscles which prevent or destroy
disease germs.. . This is what a real
tonfo should do, and no drug or alco
holic atlmulant will do It
The only true tonic in Nature is
wholesome food thoroughly digested.
Every particle of nervous energy, eveiy
minute muscle, liber and drop of blood
is created daily from the food we di
gest. -.;'-. - '. t
The mere eating of .food has little to
do with the repair of, waste tissue, but
the perfect digestion of the food eaten
has everything to do with It.
The reason so few people have per
fect 'digestion is because from wrong
habits of living the stomach has grad
ually lost the power to secrete the gas
tric Juice, peptones and acids In suffi
cient quantity. .
To cure Indigestion and stomach trou
bles it is necessary to take after men In
some harmless preparation which will
supply the natural peptone . and dias
tase which every weak stomach lacks,
and probably the best preparation of
this character Is Stuart's Dyspepsia
Tablets, which may be found in every
drug store and which contain in pleas
ant palatable form the wholesome pep
tone and diastase which Nature re
quires for prompt digestion.
One or two of these excellent Tablets
taken after meals will prevent souring,
fermentation and acidity and Insure
complete digestion and assimilation,.
Stuart's Dyspepsia Tablets are as
equally valuable for little children as
for adults, as they contain nothing
harmful or stimulating, but only th
natural digestives.
One of . Stuart's Dyspepsia Tablets
will digest 1,800 grains of meat eggs or
other wholesome food, and they are In .
every sense a genuine tonic, because
they bring about in the only natural
way a restorative of nerve power, a
building up of lost tissue and appetite.
In the only way it can be done by the
digestion and assimilation of whplu
some food.
The root of the matter la this, the di
gestive elements contained In Stuart's
Dyspepsia Tablets will digest the food,
five tne ovesworked stomach a chance
o recuperate, and the nerves and whole .
system receive the nourishment which
can only come from ' food; stimulants
and nerve tonics never give real
strength, they give a fictitious strength,
invariably followed by reaction. Every
drop .of blood, every nerve and tissue,
is manufactured from our dally food,
and if you can Insure its prompt action
and complete digestion by the regular
use of so good and wholesome a remedy
as Stuart's Dyspepsia Tablets, you will
have no need of nerve tonics and sani
tariums. - Although Stuart's Dyspepsia .Tablets
have been in the market only 'a few
rears, yet probably every druggist in
he tTnited States, Canada and Great
Britain.- now- sells them and considers -them
the most popular and successful of
any preparation for stomach trouble.
COUNCIL SPLITS
OVER JAIL SITE
1.1
bomb patob zzTSTAXunra jaix. nr
CItT BCAXXr-OTSEBS OPPOSE THE
KO YB--4. P. PZiEOEZi SO Vt PAYOB
A JAXL POB HOBOES WITH HOMB
OOKPOBTS.
"If there Is room In the city hall for
the police station and city jail, I favor
placing the departments there, provid
ing there are no other serious reasons
why It should not be there," said Coun
cilman L. Zimmerman. "I favored the
selling of the old site at Second and
Oak, and the building of a new jail
elsewhere, but if the city hall project
can be worked, well and good. I would
favor a committee of the council to In
vestigate the matter-thoroughly, that it
may be ascertained definitely whether the
plan is feasible." ?
It Is probable a resolution will be In
troduced Into the council at its meeting
Thursday asking for an Investigation
of the plan proposed by Councilman A.
K. Bentley to Install the police depart
ment In the city hall. If there is no
committee at present that should tako
charge of the matter, it is probable that
the resolution will ask for the Immedi
ate appointment of one by the mayor.
"I 'am opposed to. the' move,"1; said
Councilman A. F. FlegeK "I favor fitting
up the present Jail so that' it could be
kept clean by the use of water. I do hot
favor fixing up a place with alf the com
forts of a home for the hoboes.";
"I think- the plan la not good." said
Councilman Fred T. Merrill. ;.'The city
hall was not built for It. I' thnk the
old . jail should be made good for 10
years to come." . ,
BUSINESS LEADERS
CONSIDER TARIFFS
A meeting of local business men to
discuss freight rate matters was held
this afternoon. "The meeting," said W.
A. Mears, "Is of a private nature, and
Is held for the purpose of discussing
future action. We haye no especial
matters under discussion. The meeting
is hot that of any special organisation."
trirwEXiOOMB vxsitob.
Mrs. Louise West swore out a war
rsnt In "the municipal court this Inorn
ing for the arrest of Joseph Bad lira,
whom she charged with larceny. Mrs.
West said that last Saturday Badura,
who is said to live at 22 Grand avenue,
broke into her room,, No. 2 Burkhart
building, and stole 15.00. . , '
1