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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Aug. 24, 1905)
i i GOOD EvnniiiG , " - JcvrdJ C cu!. tiiswsatx: eBBSaVasj-BBBSJ Fair .tonight and Friday north westerly winds, ' ; i. VOL. IV. NO, 147. PORTLAND, OREGON. THURSDAY EVEIUNQ, AUGUST 4, 1805 SIXTEEN PAGES. PRICE TWO CENTS. XSuZfRnZ. . WelA FOR PEACE 1 " ' 1 1 1 1 1 DEETII1II !EIT M 1 mm ' County Court I Find rSh ' Was Domiciled in Oregon and Mil ) . lion-Dollar Reed Institute Will Be Built OPINION SHORT AND ' . GOES STRAIGHT TO POINT Fully - Carrie Out .- Intent -Vol- Taa- t ; tatrix. Who Desired ': to Have Erected Great Educational Inatltn. don in Honor of Her Husband . WD1 to Stand. '-- 'A---V ,)Iri. Amanda W. Reed'a mllUon-dol-- lar bequest for tha eatabllshmsnt of tha Reed Institute in Portland wee austaineo. thia morning by- County Judge I R. Wabatar. ' .. . . Tha decision was adverse to the con tearing- relatives of the ; testatrix who are Becking to divert nearly $360,000 of the aetata from the purposes eat forth ; In the will and to divide It among them ' selvsa -..,... ... It waa asserted " by the contestants that Mrs. Reed at the tlma of her death had har domlcllo In Pasadena, Califor nia, and that in consequence, under the general rule that pereonal property icu .Iowa tie residence pf the owner, about YiSlf a' million' dollara of -personalty In '.Oregon muat be administered under the laws of California. Under thoaa la we tha 'amount that can ba, devised for be- , nevolent purpoaaa la restricted ' to one lrd of the eetate, eo that if the ooa- taatants could sustain thai nf contention ( nearly f S60.000 would be dlrertad from the Read tnatltute and divided am one - theee heirs. On the other hand, there la , 4 no euchreetrlctlon In the lawa of Ore t ton. ,Mif the personal property alt uata hare la to te administered eocora- . stltute will receive the endowment ln- , tended by 1U founder. .''. ;, , "OeeUiom ta Btief aa4 Vetnted. i rnnninnntrn the IrltBl an-rtfUm irr , whether- Mra. Reed'a legal domicile, at the time of bar death, waa Oregon or California- A maae of conflicting tae- tlmony on this point waa aubmlttad ,te - the county Judge when the matter oame rp laet May. In the laat years of. her i Ufa Mra. Reed a pant moot of the time in Pasadena, and whether aha regarded Paaadena or Portland aa her home waa 'the dlaputed queetlonv-- - -. Judge Webater's daclalon waa very ' brief and he merely gave his conclusion .without any review of. the testimony. '. Martin Winch, executor of the will, waa present with - bis attorneys, ex-Senator ; Joseph Simon. C A. Dolph and M. I ' Pipes. Tlfe eonteetanta were represented by W. M. Gregory. .Judge .Webster said: -... ' "In the matter of the will of the late Mrs, Amanda W. Reed the eaee la not by any means free from doubt, but af ter giving to It the best and most care ful conalderation that I am able I have concluded that, the legal domicile of Mra Reed at the time of her death wae In tble atata. -1 see no necessity for a . lengthy opinion or a review of the. tes timony. The decision of the court will be as Indicated, that Mra. Reed wae domiciled In this atata." ' W. H. Gregory of oounsel for the eon- teetanta , geva notice of an appeal and tbe case will be carried to the circuit - court. If the dectelon of .the couyity court should be euefalned In the circuit court a further appeal might be taken to the state supreme court. , . QaeaUom Was am the Haas lolls. ', Mrs. Reed's will waa probated In com mon ' form In 104. Subsequently the . California ' heirs and next of kin of the testatrix instituted a eonteet against the former probate of the will and ques tioned the Jurisdiction of the court In " probating It. However, at the hearing It was conceded by all parties that the only question to be determined was ths legal domicile of Mrs. Reed. The California heirs wanted the court to find that at the time of her death Mrs. Reed wae a resident of Pasadena, California, ' In order that personal property of the stats situate In Oregon might be drawn ander "the Jurisdiction of the "California-law. Because the California law restricts tne s mount of property that can be devised to benevolent purposes, the result of the contention would be that the California . halra would be entitled, to , a . large amount of property that would other wise go to the trustees Of the Reed In stitute la Portland. By the will the residuum of the estate, after the payment of a number of spe cific legacies, was to' be devoted to the creation and maintenance of a great In stitution of learning In Portland, to be called the Reed institute In memory of Mrs, Reed's husband, Simeon O. Reed, who died eome years ago.: Carries Oat Mrs. "meed's tntem. The decision of Judge Webster find ing that Mrs. Reed was . domiciled In Portland has ths effect tor retain wlthTn the Jurisdiction of ths county court all of the property in Oregon that la sub ject to be devoted to the purpoeea de scribed In tha will. . . The decision- fully earrlee out .the la- lens 01 aire, nmu H h.i " l.., will mrA testament, whereas a con trary ruling would havs defeated ber purpose. The conclusion of the county judge wae received with great aatlefae tlon by Martin Winch, executor of the ' will, and by hie counsel. They feel confident that the decision wUl be sus tained on appeal. ' laveetlgeAtmr Xnearmoe. . t ; i-' ' Jmrsal Special Berries.) New York, Aug. 14. The legislative committee to' inveetigata Insurance companies' met today and began ite In quiry. The committee went to the of fice of C R. Huhw.na. consulted with him end also with Joseph H. Chests, whom It is propeeel to hire as oounsel. ''''' ' . - : t : ' - - Mrt. aAjnu(U tuGGiiRriiisirTO Old Mammy Testifies , That Major Struck Wife; Pulled Her ; - Hair and Tore Clothing Off. ; MAJOR WAS VERY FOND ; ' OF FILIPINO SERVANT Rvtbera Denies Charges Against Him f and Says That Midnight Visit Was Caused ' by , Illness of One of the Taggatt aChildren. ' ,. X'- 'v"t " - (Jearaal Speslal Barries.) ' Wooeter. Aug. S4.-The deposition of Miss Anna Berry waa read In. the Tag gart eaae this morning and deecrlbed Taggart as "irritable and peevish." .Miss Berry's father. Ex-Congreaatnan, now Judge, Berry, teetlfled by -deposition that: ..J- , "Major Taggart - waa fond of liquor. but X never sew him .drunk. I enter tained Mrs. Taggart at my home In Newport. Kentucky. She alwaya eon. ducted herself ae a lady of refinement." Mrs. Tacgart la expected to testify on Saturday.- Mrs. Emma Iytle, for nine rears-nnrse-or cook, in the Taggart household, testified that" much liquor was kept In the house, though not much, she said, at Manila, out declared rthat the captain drank ' lots of It in the tropica v ,-.- . ' rneadly WrU Servaat. Mrs. LrtlS la a tVDlcal M anntharn "Mimmr," . She Bald that in Manila Taggart waafcross with his wife. She thought It was on account of the Fili pino servant . Augustlna. The major jua-uana wsrs vsry Intimate. ' She saw them sit very close together In. the n"y- one never eaw Mrs. , Taggart rm or anaoas at nignt. Mra-Taggart came horn late ones with Lieutenant Forteaque. - The-major -rrabbed her and ehouted bad words at her, struck her, pulled her hair and tore her clothes off." The major wae harsh many other times, Bythars trea Testlmomy. .. cp,uln D- w- Rrthera who waa men. tloned as coreapondant. but the charges against him wars dismissed by the court, testified this afternoon. Hs said that hs never witnessed Impropriety on the part of Mrs. Taggart Hs explained hie late visit to Mrs. Taggart. - "I had been at ths Taggart house with other callera earlier In ths night. Ons of ths children became ill. The other callers went home. I went to the hos pital snd got medicine for. the boy Hor"1 JJrt. major's brother, saw ua there. ' CASE OF YELLOW FEVfeR ' . : FOUND IN MICHIGAN (Joeraal Specie! Berries.) . . Detroit, Aug. . A case of yellow fever waa today discovered In Ottawa county, near Grand Rap I da. Godfrey Llmburg, - a lineman, who left New Orleans a week tto. la the natfant ' " Jsastgwaa May Seelgm. . " . (Jearaal Bpaelal games.) Washington, Aug. It. It la reported that' Frank' T. Bargent. ' commissioner of Immigration, will realm on account of hie opposition to changing tbe rulee to sdmlt Chinese exempt classes aa de sired, by. tbe president. t . . ii i i . ... ' j " i "Ta ': ' ' W, Reed. (fflU)SS Oliver's Warehouse and Its En- tire Contents Destroyed by Flames This Morning;. 7 PORTLAND MERCHANTS " AMONG HEAVY LOSERS A Luckel, King ft Cake Soap Company, Mason,' Erhman ft ' Co,' Allen ft r'Lawis and- W.. A Meara Have r Stocks Destroyed. t ,,. ' , , f (Bpaelal Dispatch The JearaaL) Ls. Grande. Or-. Aug. 14. At an early hour this morning, fir totally deetroyed A. V. Oliver's warehouse and 1U enUre contents. ' Mr. Oliver - ls distributing agent for , the . following wholesale houses, who had largs stocas or goous stored for distribution: f- T, ' ' LtQckel. King at uae soap oorapsn. Mason. Ehrman Co, Allen Lewis and W. A. Meara of Portland, also the Cud ahy Packing company of South Omaha, Nebraska. Oliver's loss Is estimated at 11.000, with insurance of 14.100. The combined lose of wholesale nouses Is estimated at HO.ueO, supposed to be fully cover by-Insurance, r O. r. Cooled re or . tnie ' piaee jtaa. plaster and cement stored to ths value of il.lOO.i with no Insurance: ' Several persons had household goods stored end lost alL- The value of this class 7 of property destroyed, is not 1 known.. . r The origin or tne urs jiiuiwihwii. Ofarohsat xanrs sTJiswetf., .(Joarasl Special Serrlea.! . Sacramento, Aug.' 14. 8. J. Jackaon, aged 71, a prominent merchant, snd pioneer, hanged himself In tne basement of- his -store- this morning. -r Necause Is aaslgned. J", .1 ' 1" ' ' ' SEWER SCANDAL IS Again the Tanner creek sewer and the malodorous scandal connected therewith have been brought before ths publlo In an attempt to get -the city to pay for extraa on the conduit. ' At the meeting of the city council yesterday, a a ordi nance was Introduced by Councilman Mastere, by request, providing for the payment of tl.oeo to the United States Fidelity Gusratity empany, bonds men for R. M. Rlner Son. contractors, who were forced by the city to recon struct ths drain under the direction of City Engineer Wenser. , The- ordinance was Introduced only after- an Ineffectual request had been made to City Engineer Wanser to recom mend the payment 0f the money, which ls seUt to be for backfilling the big tube, which was not called for In the plana and specifications under which the con trect was originally let. . After the eewer wae found to be jto defectively constructed as to bs ttnsafs ths city demanded that ths United States Fidelity s Guaranty company, the bondsmen of the contractors, furnish ths money to rebuild the sewer or do ths work-Itself under tbe direction of the city,, engineer. - Before it consented, '. Idaho's Capital Gets the Irriga - tionists, Denver, Chicago , and Spokane With- v ' f drawing. ATTACK IS MADE ON v CONGRESS' SECRETARY GovernorPardee Named for elec tion and Resolutions Offered Ask 1. ing Oovernment Aid and Informing . World That This Body. Is Distinct From NationaIMoclati6n.; .'- Boise will be the next masting place of the National Irrigation congress; the choloe was mads at this morning's busi ness session. Denver was In ths fight until Just before the vote was taken. Neither the resolutions nor ths noml natlona for officers were disposed of this morning, and at 1:60 o'clock the congress met to consider these Impor tant, matters. . It Is probable that over some of the reeolutlone and the nomina tion, for secretary debate and contests will arise, and that the afternoon es sion may not result in definite action. - Ths paper of James J. Hill, preeldent of the Northern Paclfle and allied lines, eras read this morning by C W. Eber 11ns of San Franclaco; ths subject was Irrigation, and attracted much in' tereet. -. - .-, - A disagreement in ths nominations committee brought on ths contest over tha next meeting place early in tha fore noon session. The nominating apeeches wars limited to five minutes; telegrams were- -read from commercial organism tlons In Chicago, Spokane and Bismarck. iorui uaaoia, rn.ua isenver ana xmjis were presented by eloquent orators. ' P. C Gourd r spoke for ths Colorado city and Judge J. H. Richards and J. H. mreniKwaoraep Boise ta Chose. Then It. X. Booney of .the Denver Times) epsnklag fee ths Dew club, seconded the . nomination of hla city. - Mr. Booney caused ..prolonged laughter when he asserted that ths ell mate of Denver-was ths finest in ths world.- - Mr. Nasi of Iowa seconded the nomi nation -of Boise.- r r - Otla Benton of Kansas seconded Den ver. , . Ex-Governor T. .Br Prtnee rf Vm Mexico 1 spoke briefly In favor of Den ver, arguing that the congress had met in the extreme west; that two con gresses hsld In successive years in ths same section -would -doom-the second congress to defeat.. General William of Bismarck with drew that city and threw ths vote of North, Dakota to Boise. ' - Mr. Jones of Oklahoma accused ex Governor Prince of ateallng his speech. and seconded Denver. B. I Smith of Oregon brought forth a storm or applause when hs declared that Idsho "Is ths peerless daughter of Oregon," and seconded the nomination Of Boise. John Henry Smith of Salt Lake cham pioned Boise. - Spokane withdrew In favor of Boise, Wisconsin seconded Boise and the con gress was ready to vote. - . Denver withdrew and Boise waa de clared the unanlmoue choloe; F. C Gowdy- made the announcement and moved : that - the fourteenth congress meet In Boise. Me then Invited the dele gates to attend tbe Immigration con gress In pOsnver In January. . ' Tick Ore aoretaryahlp. , ' ' The nominations committee by George B. Baratow of Texas, chairman, and B. P. Lyntp of California, secretary, re ported ths following nominations for tbe coming year: .. ' Governor George C1 Pardee of California,-preeldent; tk W, Shurtltff of Utah, first vlce-preatdent; J. H. Stephana of Texas, second vlna-preeldent 1, I Smith of Oregotvthlrd vlce-presldentTlCT B. Maxon of Nevada, secretary. Fred J. Kleael of Utah submitted a minority - report in' which he advocated the election of a secretary living In the town.. where the next .conxresa is.to-.be held, and therefore he naked ths post ponement of ths election of a secretary until the next meeting place had been de cided on. ' ...j - -i (Continued on Page Two.) to do the work a conference waa held by the Portland representatives of the bonding companyCity -Attorney Mc Nary and City Engineer Wanser. ' The bonding company desired to know If ths elty engineer would allow the pay for extras as had W. C Elliott, who had bean-forced to resign from the office ol city engineer because of his alleged negligence in not forcing the contractors to properly construct the drain. The city engineer eald hs would bs willing to allow for the extras providing they wars legitimate. ' , f "After I had gone Into the sewer and found that msny of tbs extraa for which the elty had been charged were not there I changed my mind. said City Engineer Wanser today. Tor in stance, charge wae mede for elx man holes at 30 apiece, while the contract called for four. Several of the man holee had not 'been built more tbaa m few.' feet high, and In fact were not manholes at all. - Then there were not so many rest of new sewer built as Were charged "lor. - Tf course, the plane and specifica tions did not call for back-filling ths drain, and technically, the contractors . s ' ' - -X '' W I r '"' ' - -' ', a 1 1 - jj v. : - ' ' ' -r r. .::. -..f.:. .-.-.4 V: , s . - . ' V , ' ' y V , . , ' -, 1 r-t r.--:, .- : - "' - : - . - 1 .r ' f'K .' ! - staa- ' Srv-aeC--. MARK OF BEAST IS UPON THEr.l ALL Sinister Hands of Railroad Trust Shown in Stories Regarding Panama Canal. , . WOULD DIVERT PUBUC I FROM RATE AGITATION Whenever Papers Are Vigorous in Demanding Oovernment '- Regula tion of Traffic Tales of Scandal in Isthmus Arc Circulated. . Y (Joaraal Special Berries.) '-. Washington, Aug. 14. Friends of the Penama canal believe tbey have discov ered tbe sinister hands of the railroads In tbe constant "knocking" of ths news papers sgalnst the canal project and the commission. . Washing-ton papers have gone to- the extent of declaring there is graft in Panama and that a sweeping Investigation ahould bs made by con gress. Ths canal - people - strenuously deny this and intimate that tha trans- eowUnewtal reads bays a lobby, already t work trying to discredit ths canal en terpriae. It Is significant thst whenever east ern aewspapere are especially vigorous (Continued on Page Eleven.) : REVIVED could not be forced to put it In. but com mon sense would lead anybody to know that the eewer ehould have been back filled, and It waa dons by ths bondsmen unuer my directions. . "When It came to a settlement It wsa found that the. bondsmen were out about tl.OOO-after taking over all the war rants. They desired me to allow for extras, but I refused to do so. They claimed that the back-fill Ing was not called for In the plana and specifica tions, and put In a claim to the city for 1 1.000. the amount they are out, ' al though the back-filling coat much more than that , "The claim has been In my office for some time, but I refused to approve snd recommend It for payment. I con sented to say," however, that tha back filling coat at least 1 1.000. They have now cauaed the ordinance to be Intro duced eaklng for the payment of that amount to them." -r The claim has attracted considerable attention, and ite payment may be pro tested by the taxpayers on ths ground that the bonding company was. under obligations to put the sewer in good condition, according to the terms of Its Ii GUIDE DON GETS BIG FORTUHE Heirs of Late Steel ' King Allan Wood Give Widow a Quarter of Large Estate. , FROM CHORUS CIRL.TO MISTRESS OF MILLIONS Developed iThat Iron -Magnate For T merly Loved Mother of Actress ; Who Jilted Him to Elope With An- other Many Years Ago.- - '(Joaraal Special service.) , ... j New 1 ore. Aug. " 1 4. Golrtle Mohr Wood ths former variety actress who recently became the bride and ls now ths widow of Allan W. Wood, ths Pitts burg steel magnate, yesterday accepted tbe offer made by the children of ber husband by his first marriage to settle upon her one fourth of the entire eetate which is valued at from 110.000,000 to tli.000.t00. ' Mrs.-. Wood demanded one third. j-Uml- estate ae the widow's dOwer. then compromised when ths chil dren, to avoid ths notoriety of a lawsuit, offered to concede one fourth-,. ' In dividing the estate. Wood provided that his wlfs should" recet-re-equal por tion with the eight children or one ninth of the eetate, and if she did not accept this without a contest she ehould lose alL - By the agreement now reached the will Is outlined. , . .j' " . a touch of romance Is added to the marriage of ths sged millionaire ' and the former chorus girl by the. discovery that Allan Wood, while a atudent at Al lentown, Pennsylvania, In ltd, waa en raged to ' marry the mother ' of Miss Mohr, who was st that time the belle of the little Pennsylvania town, and who jilted Wood end eloped with Theodore Mohr, father of the girl whom Wood married at the beginning of the present year. ' . , Called See Kls Xerrlnr Wife. In the will the testator refers to the former actresa ae hla 'loving wife." The reason for hla cutting her off with a ninth (hare in the eetate waa said to be that ha regarded her In the light of one of his own children. - trader the lawa of New-York, where the will waa drawn. ' the widow la sntttled to one third of the eetate. Tbe story of ths rise of Ooldle Mohr from a tit a week chorus girl st Weber Field's to the mistress of million reeds like a romance. From the day that the pretty show girl became Mrs. Wood e ?- 1 f a oil I'.fe aa If she bad V- w 1. c'i. frlee-, the t !tt live! i , ' f President. Hopeful of Outcom;g Continues His Labors Throujh " Meyer; With Emperor i -, .. Nicholas. ; -.r';;'::V DELEGATES ENJOYIKQ, DAY OF RECREATION Though ,Witte States Latest Terms -Submitted by Japanese Will Ba Ee . fuseUand No Tribute Paid, Gen " erally Conceded That They Can' Bo Accepted as Base for Negotiations. 1 - (Jonraat Ipadal Sarrtoa.1 St Petersburg. Aug. 1 (Bulletin) The foreign office announces the out look for; peace Is brighter. Ambassa dor Meyer is making daily visits to con sult the cxar. ; : v :V. ' V ' . ' (Journal Specie! Barries.) Washington, Aug.. 14. Bulletln) Ambassador -. Meyer's report of hie three-hours' conference with :. the csar has been forwarded to tbs president. The state-department- thie- morning au thor! red the following: "Meyer has been acting under . instructions direct from . the president in the manipulation of the St. Petersburg end of tbe effort to bring about peace at the Portsmouth confer- arice." ; ,; .... ';, . .. - " IJooniisT apeclal Sarvlee.1 Portsmouth. ..Aug.. Jt.-r-The Japanese and Russian envoys are resting today. Witt and Rosen, In beautiful weather, went In an automobile to Magnolia, tbe summer home of : the Russian ambas sador. The Japanese remained at taeir hotel today and go tomorrow to Man cheater.. New Hsmpshlre, to visit the factories which Komura Is anxious to m. It la aenerallv conceded that the latest ' e'r'ma suBmlttM W TM JapHTWee" can be accepted i by Russia as a basis for negotiations. -esailu of Tokio, In answer to an inquiry, has received a cablegram from hla paper to the effect that Japan will not view with rave an- modification of the peace de- Unands that Include the sale of part of Sakhalin, or' the waiving or the claim for reimbursement of war expenses. ' - Japan ass Tlew'ef eaeev--; -The reply says: ' "Sakhalin Is a vital necessity to the Japanese people and , cannot be divided. Forty-nve years ago Russia DroDOsed to divide the island. japan would not consent declaring the whole belonged to Japan.' The pro posed Indemnity of f 1,000.000,000 would not meet the cost or the war. i ao not like the attitude of the Russians. If - Russia maintains her present attitude it la doubtful If there will bs peace. We muat fight for lasting peace.". The Shimbun is the organ of Count Okuma, former prime minister, and tbe expression Is regarded, ss Okuma's. Both Russian and Japanese envoys sent long messages to their-sjeepective governments today and it la expected -that the final reply, which will definitely . settle the question of war or peace will be received before ths peace plenipoten tiaries meet again on Saturday, when-. Mr. Witts will place In writing hla reply to ths Japanese compromise proposition. Unless Emperor Nicholas yields before Saturday the end le likely Jto come on that day. president Zs'Mopefal. -- President Roosevelt hss not lost hope. Through Ambassador - Meyer, who ht again cloaeted with the emperor today, a new compromise proposal la said to be in process of formation upon which a final appeal for peace will bs made to both belligerents. ' Mr. Witts has rejected the eompro mlat proposition offered yesterday by Baron Komura for Japan providing for the withdrawal of article nine providing for tha payment by Russia of ths" cost of the war to Japan on condition that Russia would accept article five) pro- . vldlng a cession of Sakhalin so modi fled ss to Include an arrangement for the repurchase by Russia of ths north ern part of the island by 1,100,000.000 yen. . In addition Japan offered to with draw entirely articles II and IX provld-. Ing for the eurrender of the Interned warships and limitation of Russia's sea power in the far east 'ins proposal mad by Japan was- a compromise sug gested by . President Roosevelt , Witts explained that the modlflcatlone proposed . wss merely a - chsnge In phraseology and that the Japanese had merely - eubmttted the old propositions in a new form and that Russia could not accept a payment of war tribute un der name or. device and asked Bamn Komura. to withdraw all demands for tribute. " :', , atassta's Official Ststeaesii In- an official statement Issued by the Russian envoys it la stated that the compromise suggested yesterday la In all essentials identical with the pre poaal already rejected by the Riisaliin plenipotentiaries, although the word I r la- seductively misleading- The ei n- -nation, of the two clauses ""P"!"' that the dlarmed warealpa be band over td Japan and e naval atren on the Paclfle be restricted la a to be devoid of importance, as t e i armed ships are Ruta by rlgf t. . the limitation f u-'a a naval ..,un.a. is men mi . . All that the new ! Jolp tbe ouestlon or . of a eh r""" ' 1 war f ' ' me 1 " for k ' - 1 ' of"' ' i - 1 ' '