18
; th3 wiCATiira '; j; ; ; j
Rain . and cooler ' tonight and ,'
"Wednesday; freth southerly breew. r ":
Ycirij OA- P '" :
' VOL. IV. NO. 77. : - ' ;
--s -"-.J,;,-.
At Soon i ear Two - Ship Join
Caribbean 8quadron Attack
v oh Castro's Commorco
UNITEd STATES GIVES
CONSENT TO BLOCKADE
rt
:.-V '-
Germany ' and : Great Britain f Not
- Aked, Although" Both Hare Liens
. 4 on Venezuelan ; Porta Deciaive
' Mova Announced by tha Great
Sepublie of Europe.
; - (Jnwul BMCtat hnkl.) ! ;
; Washlnaton, Jan. tl. Frno bH -
i ci4ed to piae elalv mor aaainst
- Vimtutlt to ravena the lnaults heaped
,, ' upuu Ml by t'imiKitt -caatrg anawtlT
v blockada tha Vmaiiwlm Cotlt It ia
' ,! learned that these ordera are now being
''X prepared at tha naval office fn Parte for
traneralealon to the "French ; squadron
. ? now In Caribbean waters. --.?-,
' The information ' comes 'from an 'nn
: 'V Questionable dlplomatio authority and la
, by the state department.' The blockade
: -will be eetabllahed with la ie days. a
' soon a the proper nnmber of -easels
-"''';' be assembled on the coast of Vene
i , suela. . Prance. ha . three warships now
:v f-wltbln e few days' sail of the coast and
j two more are about to be sent from Bu-
In maklna this move. Franco has Only
.. r; consulted, the. United Btatea. Althouaa
',0rmany and Great. Britain have been
v' Informed of the decision,' their permls-
' . ' slon to -blockade the- ports of the tur
"' bulent South American country has not
;'j '? been asked, nor -will It be, aithouah both
, ' ., these countries have'-levies' upon the
v; .f customs receipts of Venezuela.
Prance con Id era that '.her political
rlshU transcend the fiscal rights of
other nations and this viewIs supported
- , by ' the United States. with whom
. thoreuah understandlna aztsta, France
i ' having agreed to protect the integrity
,of the Monroe doctrine. The blockading
; - , will be done with the full consent of the
,' :. ! United Btatea and ; Franca may - land
. ' -, troops as a "supplemental remedy."
' m "The last newa . Had from Venesuela
was ta the effect that President Castro
.' jwaa rushing troops and ammunition to
tha seaports, to prepare for an attack,
and that a warlike spirit possessed the
' t . country. Whether Castro's 4lttla gon
1 ; ' boats will attempt an attack upon tha
powerful ships of Franca ia not known,
' ,', but It Is extremely questionable. . -
'. -V- The history of the present .difficulty
r between Venesuela and Franca dates!
back to the expulsion of at. Brun, the
representative of tha French Cable com
' .' v, pany at Caracas and Charge d Affaires
Taigny's protest against the', action.
; Caatro held that his position waa cor-
- ' rect, accused the cable .company of bav-
Ing aided in the Metos rebellion, and
declared their franchise ' forfeited. He
refused to trea further with tba French
.". f government . through M. Taigny.- ' - An
I open rutpure was . averted t through tha
. efforts of Minister Russell -Amar-7
'.""lea. ' ". i ...
' y . France's anger to tha repeated ln
suits heaped upon Frenchmen and her
' . representatives was shown by the send
' Ing of a warship squadron to Martinique.
' " Tha move ' had - no effect upon Castro,
who took occasion to still further widen
' ' tha breach by , refusing to permit M.
.j. Taigny. to land after he had boarded a
i veeael In the harbor to obtain hie In
V structlons. .. Although , technically this
- - was - not 'a i forcible - .expulsion, . It
i :, : amounted to an 'act . Of ' boatlllty and
; . a France retaliated ; r : expelling M.
v, . Maubourguret, the charge d'affaires of
' Venesuela, from French territory.
BULL GIVES BATTLE TO
W ( RAILROAD LOCOMOTIVE
,"' ...... ' y w. ?!.'..
TJobroal Special 8ervtot.)
. Sacramanto, Cel.. Jan. .J. An lnfurl
. ated bull gays battle to a rapidly mov
' 'i ing Southern Paclflo locomotive one mile
Z.eouthofBrJghtonJast. evening. Th
''Onslaught proved disastrous to both the
.bovine and the Iron monster, tha animal
losing Its life and the engine being dls--"abled.
-Another locomotives was awt
..'frnn this rlir to take tha Dasaenser
V V train to Stocktons- .........
When the fateful crasn occurrea mi
. , bull wss mortally wounded, but as It
v writhed In agony It bellowed defiantly
and struck out wtldly with Ha leka.
' One well-directed blow punctured the oil
tank and tha fuel soon escaped, leaving
. the locomotive helpless. . - .v -
CHINESE COMMISSION '&
. . REACHES WASHINGTON
' floaraal aeeUl garni.t '
'. Washington, Jan. ! J. Chinese com
missioners arrived in this city ' today
and were mat by Charles. Denby, chief
clerk of (he state department. - Denby
Is familiar with the Chinese language
and miatoma. The commlseloners were
quartered at tha Arlington hotel. They
veiled upon fcrr-ry of State Root this
a-rternnnn 4 v.. .1 the dapartmanta
V S7 TT r- ' A TTVv TT ' Tv TT ? TT ' TTTT T F77TT T TTT
mm
$ i ' ' ' ' ' ' ' v
.-; 'f : ' : '"
Calls Insurgsrrte In, ' .Conference
on .ths 8tatshood Bill and .
1 TJks Straight From ths
r -;8houldsri
TELLS THEM WHAT TO
i H EXPECT IF THWARTED
Minority Report Oppoainff 8tatehood
lof New Itttexko and Arisona Pre.
i aented and Fight Opena Tomorrow
'Republican Oppoaitios ( ' Joina
Democrats in Oppoainf Regulara,
(Jeamal Bpeetal Bervlee.)
' Washington, - D. C, Jan.' II. Preal
dent Roosevelt today received the Re
publican . Insurgents, headed 'by ' Rapre
snuuve Baticockr'ajagavs l them a
straight! talk on the statehood bill
which ha hopes will be. put through the
.house tomorrows Tha president did not
mines matters, and expressed in no un
certain terms his desires and veiled a
threat as to what might be expected if
Bi plana were sot carried oar or . were
thwarted by any members of his own
pasty,
Representative Hamilton, chairman of
the house committee on territories, sub
mitted' to th house, the report of the
oommlttea ' favoring - tha . admission of
Oklahoma ' and Indian -territory -aa see
state and Arlaona and New Mexico aa
another state, .The report of tha minor-
Hy opposing-statehood tot Arlaona and
Msw Mexico waa presented and tha fight
on the bill .opens tomorrow. .
Republican insurgents have joined
forces with the Democrats In Opposing
tha-RepubHoan regulars -who-raver ths
administration's pet measure. Both fac
tions .prof eas confidence in ultimata
victory. . -.,
Tba majority report eaye . that the
tha htate of Oklahoma may be admitted
as; soon as the constitution Is adopted.
The state of Arlaona may be admitted
not earlier than seven and a half and
not later than eleven. months after tba
approval of tha act."
Each state is divided Into two Judicial
districts. Oklahoma Is allowed five and
Arisona two members of the national
house. ' Proper provision is made for
nonaectarian. schools and tha teaching
af English. . Suffrage is. Well guarded.
A strong .antlpoly gamy .clauae 'Is In
cluded. . Tha new state are to assume
tha debts of the territories. . -4
The capital of Oklahoma Is fixed at
Outhrie and of Arisona at Santa Fs until
Ifli, when tha capitals may- be estab
lished by ..elections. A constitutional
convention, for Oklahoma Is required to
adopt the constitutional provision, mak
ing the prohibition law affective In In
dian Territory. " : ' -' 1
The oommlttea of the house 00 Inter
state oommeree has postponed the vote
on the rata bill. - ..... -
Secretary of the Navy Bonaparte has
sent ' the'. Braslllan ' rovarnmeat eon
dolencea on ths loss of the battleship
Aquldlban -which waa blown up in Rio
Janlere yesterday. -
HARNEY LAKE. LAND.
i' ( ... . .
Xrtoheook Fiiiialsae to Svestora a Sstry
-c Three Xuadred Thomaand A ores,
""- (Waablaetea Snreas ef Tbe JoaraaL)
. Washington, Jan.'. St. Senator -Fulton
today obtained a promise from the
secretary - of the Interior that : lands
aggregating 100,000 ; acres-" previously
withdrawn from entry for use In ths
Harney, Lake irrigation enterprise shall
bo restored to publlo settlement and an
try. The reclamation service some time
ago decided that there was, not suffi
cient water available to make the Har
ney project feasible, and abandoned the
enterprise. The landa withdrawn for It,
however, were not restored to entry.
This will now be ntlUsed by a private
enterprise under' the provisions of the
Carey act. : ',
.- . . s .... ' - - ' . : ' ,, !'
v3 ' land law reform. ; :
Sraetle Chaagee to Be Baaeted i epeal
-TT: r tanie nmalm -;
J. ' (Joaraal Bpeelal gervlre.). ' -"V." . . '
Washington. D. C Jan. IS. It la con
sidered practical Hr eertem that land law
reforms of a drastic character will be
enacted by the present session of oon-
gress. - While It Is yet too early to pre
dict the exact extent of tha proposed
legislation,: It la considered that among
the measures will be the 'repeal of tha
timber and stone act and other meas
ures bearing on desert land, agricultural
land, homestead laws, graslng districts
and tha appraisal and sale of timber,
OLYMPIA CUT OUT.
1
Sagtaeers Beport 'Adversely , on Pro-
yaaad graagiag of Xarbor. '. '
- (narMl perlat Cerries.)
' Washington, D. C., Jan. II. The board
of review of engineers has reported, ad
versely on tha recommendation for' the
proposed Improvement for Olympla har
bor In Washington. 'The recommenda
tion from the district engineers favored
tbe expenditure of IS1.00 in dredging
Ce-tlnued . ea .Par .Iwe.2,
PORTLAND. OKI-CON. TUESDAY EVENING, ! JANUARY
1 .- . :ii x-. ,.11 I I . I 1 1 1 1 v . I ' XX III . f ' i I l II y . I XX I
Tha Shrine
GOULD VICTORIOUS "GUI G
flVEirilARIIILllfS
Wsstsm Pacific Granted
Tsr-
iminal Franchlss nt Oakland
i1 Ovsr .8: P. Land.
ciTY COUNCILMEN VOTE
FOR COMPETING ROAD
Octopus' Lawyers Vainly Plead for
I r Delay Contending That City Ha
No . Right to . Grant , RighU Over
Privately Owned. Land. 1 1 V t ' "
T" (Joaraal aperfal Bervke.V.' ' ' '
San Francisco, Jan. It. After a spir
ited light last night before tha commit
tee of the whole of Oakland oity council.
the Western Paclflo Railway, oompany
won its light-for franchises fog. a ter
minal crossing the land of the South
ern Pacific oompany north of tha Per-
alta jrtreet allp, and for the construction
ef wharves at . ths end of the. north
restraining wall of the estuary. ; ;
Lengthy arguments . were , made on
each aide of -the case. . The fight of
representatives- of the Southern Paclflo
was for delay. -It waa contended 4hat
no action could be taken until the West
ern Paclflo had fully, revealed Its plans
for crossing : First and Third streets,
as well as at the Peralta slip tracks.
It waa further contended that the coun
cil had no authority to grant, franchises,
across .property owned privately, and
that no action could bo taken until tha
subjeot had been thoroughly Investi
gated. - j. ,: , .
All tha eouhollmen expressed - thera
selves In favor of the competing rail
road.. By a vote of t to the motion
to postpone action on tha franchisee
waa defeated. -By a unanimous . vote
the franchises were then recommended
to passage. . i. .
t This action Is particularly important,
aa it marks the first victory for. Gould
over Harriman,ln. the present terminal
CORKER CAKuEDTOllATOES;
i;ffiiiLiEFTi:iiiTi
SyndicatrV Buys - Up- Pressni
, Supply and .Prlcss Jurrip f
jv i From Eight to Fifteen. yi
.'-i.'-'i-VT"
' (Jearaal Sperlal gervk,.)! :
Chlcagb, t Jan. II. Canned tomatoes
have for ' the first . tims been cornered
and there la no relief in sight -bntll the
July crop comes on tha market ' A eyn
dtoate including. Maryland, -Chicago, St
Louis and ' Indianapolis has secured II
per cent of' tba- present Supply and
prises hava-lumpsd t eewte-for- a-etie-pound
can to II tente In one week. It
Is said the price will rba trebled in an
other week.. ..' - . j.
Ths 1101 pack of tomatoes amounted
to 1.000.000 casss. each containing two
doaan three-pound cans, v This Is 1,000,
000 -cases short -of - the' output of "the
prevlus year. , Of this, supply 1,110,000
eases went to Canada and the west.
' Futuresalee Immediately ate -up tbe
1. 000,000 esses that were left The ya-
dloate grabbed up 1.1SO.0OO eases,' leav
ing 150.000 cases to osafy the publlo
demand of 1,000,000 cases a month.
California and tbe , south sra already
ahrpplng fresh tomatoes but do not stop
the gap except for a day or two at t
time. .. '.-,, . .y ' V V ' '
W1M aad Senew lm
1noraal SpMtal ftarvkw.)
Washington, D. C Jan. SI. Sens tors
Piatt and Depew were both In their
seats when the. senats convened s
tsrday. ' Both were congratulated v 'on
their af pearanos at hais( la (ood t
si Joaa.
TIE FA TOY " SAYS LEE TO
ciiurifrciiifiiiTOi'iiiiODiiY
rt Means Happy Cood Luck to You and Your Family and ths
. . Spirit of Your AncestorsRlval Tongs Forget Differ- ' !
' snces During New
...
' 'Tluiig Ne Fa Toy said the' Second
street merchant, attired in rich and
gaudy raiment, to his slant-eyed and
less pretentious brother as bs emerged
from his tenement, thla morning. .
i "Oung Ne Fa Toy," replied the other,
kow-towing, his narrow eyes gleaming
with pleasure. ', .,,
Should you visit Second street during
ths eoming fortnight and have a gaily
garbed Mongolian-stop before you, bow
repeatedly, all tha while shaking hands
with himself and murmuring In his not
unmelodlous lingo,' "Gung No Fa Toy1
do not--bar alarmed or offended he la
honoring you with ths friendly-greeting
of tha aeaaon. '. v -i...
If he oould speak as yon do, he would
be telling Ton, "Happy good luck to you:
may you be prosperous; may your hon
orable family be prosperous, . and may
the spirits of your ancestors rest con
tent"' , .. ; .'..-,;:.. ; .
It Is the salutation that all Chinamen
will exchange aa they pass through the
streets during the coming two week. . It
Is spoken from doorways and windows.
Enmities and Jealousies of rival tongs
have bean -forgotten. It la the season
oft good wUL - The greeting Is also' sent
on ellps of red paper by mall or mee-
senger red Is ths festival color and
la. repeated when neighbors call upon
each other.' . . - . . - ' '' " ' '
The eommotlon and good will and
heathen smiles in Second street are in
oalsbratlon of the' advent of the new
year, tha thirty-second yesr of the Em
peror Kwong Sua The new year began
today and -the celebration of the event
will continue .for two weeks. " ' "
For 10 days the Chinese have bean
preparing '. for, the ' event . Pigs have
GREAT MASS LIEETIIIG WILL EHSS
i . .-. ' ' ' a . : '''-:.''.''::''..,,..'
APPROVAL OF
Scores of People Call on Dr. Lane and Thank Him for Open Let
ter Explaining Msthods of-Richards Place- Mayor Says ;
Hs Asked Council to
Publlo Indignation ever the
in which the Richards establishment is
reported to be conducted, has been se
aroused that people V of all classes are
clamoring for a publlo meeting where
they eaa denounce the place, and all
placed known to have unsavory repute
tlons, yet-which pose aa respectable
hotela and rooming-houses to entrap the
unwary. .-i.. ... .ji,.
Scorae of people, both men and worn- I
en,, have .visited Mayor lne the past
two days and have congratulated., nira
on his open letter ' published ' Sunday
morning, wherein he exposed ths real
situation at tha Richards place. Fath-
era and mothers have thanked him for
the stand ha has taken against Immoral
places, v Even girls whd have been sent
on a downward pathway In so-called ho
tela, have written . letters to ' him. ex
pressing their- heartfelt - gratitude - for
his manifestations of friendship to those
who have been wronged, and Ma deter
mination to rid the city of the resorts.
Wanted ' Uoenae Barokea. ' Y
' Mayor Lane reiterated his statement
contained In his open letter thst he hsd
asked the city council to revoke the
liquor license for ths Richards cafe
without ejucreas. ' , - ;'
- "Shortly after I took my seat as
msyor.'said he, "the rounrllmen held a
meeting to discuss the box ' ordinance
queatlon at which X waa present At
that time I brought the matter of the
IU-.J k'-UA k &t a4 .toll
23, -1906. FOURTEEN PAGES.
Li-'
HgsMetoLdk
' Interior of a Chinese
Year's MeymsJcing,,;tt''-";vk.:
been roastlngl .beavy - vans and drays
have Unloaded giant bundles of fire
works la Second street Celestial muai
eisns have tuned their harps, cymbals
have been burnished, the bands are busy.
With firecrackers, Incense, muslo and
all sorts of good things to eat China
town today - began the celebration of
Us new year. -: : .
- Yeaterday, the day before New Tear,
all the houses in Second' street were
clesned thoroughly from roof to base
ment Tha rule la Inexorable and ap
plies to roofs, to beds, to erevicea, to
every part of tha house or store or tene
ment occupied by orientals. Business
Is' suspended for three' days -following
New Year's day. - , . , , .-.,,.
Aliatocrstle Chinatown began to make
Its. annual call today.' Only during this
festival season does Chinese swelldom
recognise the existence of Its Inferiors,
Calling cards of red paper, bearing tha
eighature of the visitor, era left when
ever a call Is made The hoet and hostess-offer
-their cards of red paper
m exchange, v . L
i Should an unmarried Chinaman. eaQ
upon a married one, he most leave
money for hie friend's wife. She gives
him her card.. Tha money ho gives her
Is wrapped In red paper. . When he en
ters the home of his friend both kow-tow.
The women kow-tows also. Then, while
her husband and his friend are wishing
each other well, and Inquiring after the
spirits of their ancestors, ths woman
silently departs, Presently she returns
with four cups of tea. The caller, the
host and the hostess each drlng a cup.
The remaining cup is placed behind tha
door for the ., spirit of the guest's
father. , . .. . .. - ', .,. .
TalAYOR'S STAND
; Revoke License. V
'Ssr6
them that the license
voked.": - '.
should
be re-
Tfca attention of the' eouncllmen has
also been brought to the Richards cafe
from other sources and several times
the place waa the subject of discusatoa
at meetings of ths liquor license com
mittee. Although the councilman were
fully -aware of tha trafflo being carried
on at tba place, they merely winked at
it and made no effort to rid the city of
the resort.
wiB-s'tina,:--'---'
Ths committee - consisting ' ef Dr.
Stephen 8. Wlse.Tl D. Wagnon and
Mrs. Millie R. Trumbull, appointed by
the People's Forum Sunday night to In.
veatlgate tha charges against tha re
sort, made by Mayor Lane, and to eall
a publlo Indignation meeting to arouse
sentlmentagainat permitting the place
to continue in business,- will meet to
night. At this meeting It will be da
elded when and where the Indignation
meeting will be held. The report af the
investigating committee will be -made
and affldavlta produoed eubscrlbed to by
girls who have been the unfortunate
victims of wins and man In ths Richards
hotel. A lsrga ' auditorium will be
chosen In which to hold tha meeting, as
ft is expected that an immense throng
of people will be In attendanoe. " -Mayor
Lane today aald - he favored
establishing a restricted district in
which such placea as the Richards hotel,
the Qlrard rooming-house and all places
' Continued ea fJ Zi
:.PRICE , TWO
TABU
v
Tong Lodge Room. ,
OEEPSnOUJDELAYS
Deepest Fall for Mors Than
. ' Twenty Years In Eastern
'""'.V Part of Stats. u. YXy
SUM PTER VALLEY AND ' 'l
O. R. etc N. ARE SUFFERERS
Six Feef fs Depth of White Mantle
-via Mountaina Near .Anatin and
Telocaset Eugene and Klamath
Report Exceaaiv"FaIL i vV' i
T" tSoedat DUMteh s Ths Jeemal.t
Baker City, Or Jan. II. now on the
Sumptar Valley roadbed la aix feet deep
in. tha mountalaa near - Austin,, ths
terminal of the line, necessitating three
engines yestsrday. The train due at
Austin at 11:10 o'olock yeaterday morn
ing did not reach there nntil lata in tha
evening, arriving at Baker City on Ita
return trip a even hours late. The enow
la so heavy that ahovels cannot keep It
off the track. '.
All . west-bound passenger trans on
tha Cv R. eV'N. Una baa been de!ayedfor
several hours for two days on aooount
of the heavy snows which have fallen
east of here. Testerday No. 1 was held
several hours at Telocaset In the
eaat of Union. . '...,
Snows have been deeper in this eeo-
tlon of tha country and east of here in
Baker county than for 10 years, past
There la . but ' ' flva feet of enow at
rmmm. on. tha summit of the Blue
mountains sna in. mnmuinr nui
on the Telocaset hill Is a new problem
on ths mountaina.- Ths rotary snowplow
has been over ths road. 'also tha Hanger
hag been run eastward, from Lav Orande
to clear the tracks. . ,
-" STORMS ON COAST. ; .,
tonne ef Vnasaal eoeilty FrevaOlnf
(Joaraal Special Bervlea.) ' ' ' '
San Francisco. Jan. IS. Storms of
unusual severity are prevailing through
out the mlddleweat and reports are mlesi
Ing from many stationa. Ths psst to
hours 'have -been marked by a fall in
temperature In the middle states and -on
the Pacific slope. A depreeelon of some
depth overlies British Columbia and
Washington. Ram 1 or 1 snow naa oaen
general from northern California ' east
tof alberta In 'the northwest- provinces.
Uifcfcttled weather Is expected in Cali
fornia north of Tehachapl - tonight and
tomorrow. ' Storm signals have been dis
played off the Paclflo coast. -" : . 4 .
MINERS REJOICE. :
(Special Dlepetea to The Joaraal.) ,
Eugene, Or.. Jan. It. J. P. Anderson.
foreman . at the Great Northern . mine,
la down 'from the Blue river district
and reports that tha snow was eight
feet deep at the Great Northern, .Inter
fwing , considerably with tha .operation
of tha quarts mill.' On tha divide the
anew -was-about 1 0 -feet-deep--when
Anderson eame out. The miners are
glad to see so much enow, se It Insures
plenty of water In the streams nexJ
summer. - v v f - - , , -
sMnrr ma a riaaik . '-
" " taperlal DWpaea e Tse Jearaal.)
t Klamath Fails, Or.,: Jan.. 21. The
greatest snow in sin years has fatlen
here. Malls proceed on horseback when
stages stick In the enow. The roof of
Charles - Wilson's :. storege-houee - ool
lapeed under - the enow and Albert
Kubee,- a barber, who ' was passing,
pauaed a moment, was . struck on the
bead and three deep scalp wounds made,
requiring li stitches. He is reported
reeling well thla morning. '
; ' tlafvoovt f-
(Jo ".1 f 1
St' reteri ,.
vrk sq r
' ' , 1 1 :
r
0 GOmiOS:
CENTS. EJJn'J
11U14 ta c .
TlJT
MBS
in.
it
Demand Damages for rAllegsd
Abrogation of Contract Which
ii ths .Orsgonlan Kept for .-J.-...
r: Forty Years. , J ;; f ,
BARGAIN GAVE THEM
:.. I.
; SOUTH PORTLAND FIELD
r
They Received Heavy Commission oa
AU Papers Sold in. That Field
Now Say Newspaper Broke Con
and Refused to Arbitrate w
Agreed.. - -.)"
r'AW:J
Forty thousand 'dollars is' demanded
from tha Oregonlan Publlahlng oompany
and H. L. Plttockr In a- suit filed yeater-
dag afternoon In the circuit court aa
damMeeLjforibreWttJfCorttrsjrA-;-.
Harlow and Is. - A. Harlow, are - the
plaintiffs. The' suit is tha outgrowth, -
and sequel of an unaueoesaful effort on
their part to, compel the defendants to
observe and carry out tha terms of tho
circulation contract which ' forms tha
beats of tba litigation. William D. Pen- '
ton, R. A. Letter and E. 8. J. McAllater
appear as attorneys for the plaintiff a In
the present proceedings.
- Mora than 40 years ago H. L. Plttock.
then tha proprietor of the Orsgonlan.
eold the- right ta deliver and receive
eubsorlpflona for tho paper In all the
territory south of Aider street. It was
agreed - that tha paper ahould pay a
heavy eommlasloh on all new sub
scriptions, amounting to one third of .
tba amount received,, and that In add!- ,
tlon a compensation of II H ceata per i
week ahould be paid for each paper do-.
Uvered to aubaorlbera, within the terri
tory covered by the contract. ' Aa years
went by the- contract grew mora and
mora Irksome to ths owners of tha Ore
gonlan. The bounds rlea of tha oity
were gradually extending and tha Bum-
r ' of aubecribers - la the - territory
covered by tho contract, waa Increasing. '
Flva years sgro the Oregonlan Publlah
lng oompany determined to put an sad
to tha arrangement and tha then owners
of the contract plaintiffs In tha pres
ent suit, wsra curtly Informed that the
contract was abrogated. ' , ,'
Sonny Salt Vot proper Remedy. -
A suit In equltr wse instituted to
compel performance of the .contract.
Three Judgee of the circuit court, alt
ting en banc, decided that tha com plain-
ante had no remedy In equity, and that
their only redress waa a suit at law to
recover damages. It being an estab
lished rule that equity courts do not
interfere where there is a sufficient rem
edy st law. . Thla decision waa upheld)
by- tbe supreme court and tbe result
waa tho ault filed yesterday afternoon.
Ths' plain tiffs are now seeking that com
pensation In damages which thst can
not obtain by compelling enforcement
of the contract,
For many years John. Hsrlow. ac
cording to tba recitals of ths com
plaint, carried the Oregonlan In that
territory lying south of Alder street.
In the city of Portland. The contract
under whloh he waa working gave him
tha exclusive right to carry tba paper
and collect subscriptions hs tha terrl- -
tory described as 'nil that portion . ef '
the city lying aouth of Alder street."
It was not until nearly 40 years after
the execution of tha contract that the
owners of tha Oregonlan announced that
thla language was Intended to cover
only territory embraced within the city
limits, aa they stood when tho contract
was made . K
: Sim Mention of Claim. -During
all thla time both, the pub-
Ushers of tha paper and the successive
holdere of the contrast had assumed '
that aa the city grew -And Ita boundaries
expanded - tha territory covered by tha '
contract waa ' correspondingly increased.
The contract contained a provision that
If at any time that ' parties thereto
deemed It, advisable to terminate the -arrangement
there should bo an arbitra
tion to determine their reepectlve rights,
and tho compensation to be paid the
Injured party.- It was not, until 1001
that tha ; holders of the : eontraet re
ceived, the first, notice of the tntentln
on tbe part of tho oompany to curtn.l
the' territory within whloh the contrant
was to be operative, and a few mo
later. It waa abrogated altogether
out a suggestion oa the part of tae C
gonian at arbltraUea. v r-r-.-
. Tha contract under which John IT -
low worked for so msny yeara was rr-
April 11, 1S(4. between Heary L. 1 -took,
proprietor Of the Oreglan
Myron II. Soutbwerth. For ... I
worth waa to have "the sole r
privilege to- carry papers and',
subscriptions in alt that portion
city south of Alder street." It.n
tract stated that Southworth was t
allowed , one third of the sub
price as m -eornmlaekm,. and it
stated that he should have t e '
transfer tho contrsU I'll -!..
15, to W. O. r .... I i
Rapplngton; 'Auxt 1'. I
sold his Internet to C. ,
October 11. 1 , f
1S8 4, T
t