, ..1 ... , - -V v THE- OREGON DAILY JOURNAL, PORTLAND,-" SATURDAY EVENING,--DECEMBER" 8, 1903." , . 4.-, OREfiOiyiOiL LlVJfeJ FOR POOR SOUS If Case r Cannot Maintain .Washington, It Cannot Be In -Brought Her. SUCH IS THE DECISION . ' i - OF CIRCUIT JUDGE SEARS U Rendered in Suit of Willam L. : Harnden Against the Oregon Raft tag Company for Five' Thousand , Dollars Damages. ' . ' V ; , .Where a rult ca'nnflt be maintained In -another rtate. It .cannot b brought In Oregon. Thia' wit the effect pt a decision by Judge Hears in the atata circuit court thl morning." Judge Bear- beltl also that the Interpretation of tho statutes . of Washington by the auprema court of ' that atata must be followed by the oourte of Oregon. The decision waa rendered la the autt i of William U. Harnden against the Ore . gon . Rafting company for $5,000 dam ages for the death of John 8. Stoddard. Harndn sued aa administrator of Stod dard's estate. Btoddard waa killed In Cowllta county, Washington, July 19, while employed by the rafting company ,. ' aa aa engineer." .' A law In Washington provides that no eult for damages for the death of any person can be brought except by the ' wmow or minor ; cnnaren ox ne on ,' ceased. The law' had been tested and upheld by .the Washington supreme court. No suit being possible In Wash ington, It waa commenced In this atata. Judge Sears decided this morning that the Oregon courts must follow tha Washington law where the -cause of ao - tton, arose In- the .latter eta to This la the 'first tint the question has .been raised In the local court, and an appeal ' will be taken to the auprema "court of this atate for a final decision. Attorney R. W. Wilbur appeared for : tho rafting company. Tha plaintiff was - - represented by -Attorney B.H.-ruber.- ENTIRE LINE (Continued from Page On a) and follows the Missouri and Jsff arson 'rivers td the east slope of the conti nental divide, near Whitehall. Between Whitehall and . Butta thla divide la crossed through Pipestone pass. Two nnelBr-.a-and-t.tg feet In length, and three steel trestles over deep ra vines, from 100 to HO feet In height, and frcra 400 to 100 feet In length, are distinctive features of this portion of tha line. . . . USE HARRIMAN TRACKS MUwankee Mystery Explained by Affi davit Auoaneemeat Made. The mystery of the Chicago, Mllwau . kaa St. Paul railway compena fail ure to purchase terralnala In Portland Is at last made plain by the semi-official announcement today definitely . lo cating the route to the Paolflo ocean. The main Una construction is definitely eel fled to Tacoma. From that point the Milwaukee will operate lta trains over . Harrlman tracks south to Portland and . north to Seattle. ., . Thla la the plan at tha present time, and la not likely to be changed unless there comes about a general compro mise agreement that would embrace tha operating Intereata of the Northern Pa cific, Great Northern, Union Paolflo and Southern Pacific railroads, in which vent the Milwaukee would alao be a factor. These statements are vouched for by one of the best-pouted railroad offtctala who la familiar with tha con struction and operating departments of tha Harrlman and Milwaukee railroads. Ha said: . .. "Mr. Earllng. president of the Mil waukee, la not a mere figurehead In tha directory of the Union Pacific, nor la Mr. Harrlman aolely ornamental la the BC Paul road's directory. They are al lied for a definite and Important pur pose, and that Is to control a fair share of the traffic, of tha Pacific northwest In 'competition with the Hill roads and zts Burlington.- Tha Milwaukee, by building to Ta coma, tape the heart of the Hill terri tory, geta deep-sea shipping connections, aad by cooperation with the Harrlman 11 nee at Portland geta every physical advantage of owning rails to Portland and Seattle. Its tralna can be operated aver the Southern Paclflo tracks be tween Portland and Seattle with all es sential freedom, under a trackage agree ment, and tha same expense of con struction will serve both companlaa for all practical purposes." ' This Information dispels all tha the r cries heretofore promulgated aa to tha " Milwaukee having purchased the lines of tha Oregon Water Power Railway company, and the talk of a bridge at Lady's Island, unless tha allied Har rlman lines should be nnable to effect A satisfactory arrangement with the Hill roada In regard to tha Vancouver bridge, ia which event the Harrlman companies. In conjunction with the Milwaukee, ..would undoubtedly construct their own bridge, pobably at Ladles' Island, as tha Trout dale extension from SL Johns tape the Columbia liver to great advan - tags at that point, and there la a feas ible route northward via Hocklneon and Proebstel for the proposedNPortland-Se-attla line of the Harrlman companies. ' STOMACH 4 FITTERS .The Bitters is especially valuable-at -this season-of the year. It builds you up so that you' need not fear attacks of Chills and Colds. . It also cures Indigestion, Dyspepsia, Sour - Risings, Poor Appetite, . Sleepless ness. Biliousness, Costive ness, Female Ills, Malaria or General Debility. ' Try it i m PREP SCHOOL BOY BUNKOES ASSOCIAtrCHAIilTIES- Curtis Moody Has Fun In Hack and Charges Bill to j; Benefactors. After being given abe for tha night by the associated charities, Curtis Moody. IT yea re old. loo ft naa in hack and told tho driver to collect from the charities' office. Moody was reported missing yester day by Dr. Hill, principal of the Hill Military academy. , The boy ahould have returned from Seattle, where he had irone to visit hts father. . Thursday a boy giving ma name aa Curtis Moody appeared at tha enemies- office. He told a pathetlo tale of being robbed on his way, down from Seattle, where, sura enough, he had gone to aee his father.' He wanted the associated charities to pay for a telegram to his mother in the east, who would sand him moro money. . , ". Ho waa taken to a hotel and the mes aage sent east. The next morning a hack driver came In with a bill. Moody, Instead of retiring at the hotel, had gone out for a high old time and had marched from a saloon Into the hack. By this time It wss learned that Dr. Hill waa aeeklng a boy named Moody, so ha waa telephoned to at once. Moody waa taken to the academy, hie good time over for a while. FROM FARTHEST NORTH Snapshot of Lieutenant Robert B. Peary, the Arctic explorer, takeh on hia return from hia trip farthest . north. . ' .. " PARENTS DRUNK AND THEIR CHILDREN NEGLECTED Juvenile Court Offioials Find Dis tressing State of Affairs on the Peninsula, ' With the father and mother helplessly drunk, three children, hungry and neg lected, were found by 8. V. White and Miss J. B. Gray of the Juvenile court In a home on the peninsula yesterday aft ornoon. A neighbor who asserted that the children were habitually neglected while their parenta Went on protracted apreea reported the matter to the Juvenile eourt officers. The two oldest children are twlna, I years old. The youngest la but S months old. The children were placed by the offlcera in tha baby home. Aa eoon as tlis parenta have recovered from their Intoxication they will be brought before the court to answer to charge of neglecting their children. People living near tha couple stated that they often went away to drink. leaving tha children alone. BISHOP SEYMOUR OF SPRINGFIELD DEAD (looml DeUl gervlre.l - Springfield, 111., Dec. I. Bishop Sey mour died at :60 thla morning, aged 77. He had been very feeble a long time and for two weeka had been thought to bo dying. George Franklin Seymour waa bora in New Tork In 129. He graduated from Columbia In HBO and completed a theological course In 1854. He was or dained deacon In 1SI4 and priest In 1S65. Among the notable accomplishments of his career were the founding of-Bt. Stephen' college, at Annandale on the Hudson, and the writing of a number of learned treatises on ecclesiastical sub jects. He waa tha first Protestant Eplsoopal. bishop of Springfield and waa conaecrated In 1879. DR. ANDREW MORRISSEY TO SPEAK AT ST. MARY'S DrTAhdrsw 6rrTssey7CaV' wITT give the sermon tomorrow at tha 10;J o'clock high masa In St. Mary's church, Alblna. Dr. Morrlssey is at present provlnclnal of the Holy Croaa fathers, and for the past II years waa president of Notre panic university, Indiana, The university has the reputation this. year of being tha largeet boarding school for young men In the world, having nearly 1,000 atudenta living within the univer sity grounds. Tha subjects of Dr. Mor rtssey's sermon tomorrow t will be "Higher Education, Its Meaning and Its Neceeslty." . ! nani.sns rumMiiiMeil APsolm A ivKbleSme baking powler. Makes the iroesV lightest, test flavored biscuit, hot- breads, Aluni and alum-phosphate powders are injurious. Do not use them. Examine the tabeU KOVAL KAKIN KUWOM CO-, NSW VOSK. BOM PERSISTENTLY TRIES TO SEE I.1L1E. GOUID Castellane Forces His Way Into Yard and la Thrown Out by tha Porter. " TTaaraar BDedeTBervlee.l ,. Pari a, Ic. I. Ever since Mma, Oould left her former husband. Count Bonl da Castellane. be has persistently sought aeeess to her, but her friends, knowing tha Influence be had over her, took ef fective meaauraa to prevent him aeelng her. - The count dealatd for some time, but a few daya ago entered tha court yard of Mm. Oould'a mansion and ac costed tha porter, saying ha wlahed tq aee Mma. Oould. The porter aald ua re gretted It. -but that he had been ordered not to aUow tha count to enter. Bonl Insisted and after vain persuasions tried to force an entrance. The porter there upon aelaed him and a rough and tumble fight took place. It ended with the eount'a being bundled out In a crumpled condition. It Is expected the porter will rua him I for assault. , COMPLAINS OF CONDITIONS OF STREET CROSSINGS Captain George Egbert . Says Car Company Left Them in , Bad Shape. ' Captain George Egbert, bailiff ot the federal court, has soms serious com plaints to make ooncernlng tho condi tion of various streets in. the city aa tha reault of tha laying of many car trscks, work on which has left the streets In dangerous condition. According to Csptaln Egbert, he made complaint two weeks ago about the crossing at Olbbs and "Macadam streets. At this point the paving haa been torn up by the construction of car tracks and has not alnce been relsld. The 'street la filled with water and forma a amall lake, much to the detriment of traffic and the Inconvenience of the public. No. attention waa paid to the complaint made by Captain Egbert. It Is also said that on Olbbs street the car tracks sre two feet lower then the surface of the street, aad have been left that way by the oar company alnce last eprlng. Near tha aama place the manholes on the sewer have been left two feet above the surface of the street, In the opinion of Captain Egbert the street la not safe for teams. t TAX LAW TO COMPEL EVERYBODY TO VOTE ' - (Joaraal Bpee!! Service.) ' Milwaukee. Wis.. Dec. S. -Assembly. man Oeorge Oraaala announcea ha wtll Introduce thia winter a Mil to compel every elector in the atata to vote, under penalty of a tax of IS on every male cltlsen between the agea of II and so, tha tax to be levied on an and remitted to those who vote. He said two thirds of any candldate'a expenaes were caused by trying to get out the vote, which ex pense would be eliminated it eucn a tax were levied. . MAYOR SCHMITZ'S WIFE ISA NERVOUS WRECK (Journal SDeclal Bervlee.l - San Francisco, Deo. S. It Is eta ted. aa a result of the-graft Investigation, the wife of Mayor Bchmlts la critically 111 with nervous prostration. Since her return from Europe - every precaution has been taken to keep tha newa of the Investigation from her. JURY SAYS FLOGGING WAS NOT TOO SEVERE (gperie! Dlnpetra te The JesrstL) Klamath Falls, Or Dec 8. After nearly two days consumed In the trial of County , Superintendent -Wight, charged with unreasonably punishing a pupil In school, tha jury after being out 2 mlnutea returned a verdict of not guilty. Try Dr-Graves' Tooth Powder It is the jnost eflfective tooth preservative" "anIcTeahsef made. Use it for health and economy- leaves delicious after taste. Ask your dentist. .In kody mstal saae er bnoiss. Ssa. Hr. Hry TftH Pflwder Co. telvJfare ;w CZAR TO MAKE NEW TREATY WITH THE JAPANESE St. Petersburg Considers Con- , flict Between Mikado and ' United States, Important. ' f Joaroil Bpeeiamervlee jBt. Petersburg, Dec. (.Despite Rus sia's official declaration ' that aha la not able to meet the Japanese demanda there la authoritative Information that a special Russian envoy will be aent to the far cast -to meet representatives of Japan and China and with them to 'out line a treaty dealing with tha questions of the Amur fisheries and trans-Baikal property righta. ... St. Peteraburg consldera a possible conflict between Japan and tha United States to be a matter of tha highest Importance. An official of the foreign office said: , - "A law authorising tho federal gov ernment to override the atatea righta and thua ecmpel California to admit Japanese to her public schools will not asttle-ths question. DON'T BELIEVE (Continued from Page One.) Japanese question In California. Ha made many good suggestions, soma as good as any that bave aver been made, but he also made soma that were not ao good. The ahootlag-gallery Idea is one of the latter. I think manual train ing would be much better to teach chil dren than the uae of firearms." There might be some good In ' tha Idea because it waa auggested by the president, aaya Mra. Elisabeth' Bltton, but she haa been unable to aee -what benefits might' resvIL Under present conditions, she" believes, the Idea is thoroughly Impractical. ' ' - "I haven't given ' the matter . much thought" said Mrs. Bltton, "but can't aee what good would coma If ahootlng gallerlea were established. As condi tions are at the present time,-1 believe that teaching children how to shoot would be absolutely useless." GRELLE KNOWN HERE (Continued from Page One) 'The young. man'a father waa killed In a runaway accident at South Orange, New Jersey, and Grelle. himself, nar rowly escaped death. - Tha horses ran away and daahed Into a tree at the and of the road. The father waa killed In stantly and tha young man waa thrown high Into a tree where he hung sus pended on a limb by his chin. Ha fell to the groupd uninjured. - "Young Grelle was a popular young man. He waa well matured for his years and had a pleasing personality. He waa IT yeara old at tha time of hia visit to Portland and It years at tha time of his death. Ha made many frienda In Portland on tho occasion of his visit and hia death haa been a aad blow to them." SOUTHERN RAILWAY ENGINEER KILLED (Joenul Special gerriea.) Richmond, Dec . Passenger train Nc 14 on tha Southern railway ran Into tha rear and of a freight at South Danville thla morning, killing Engineer Oeorge. Kinney, Injuring the fireman, and killing two tramps. Tha dead engineer waa a brother of tha one running tha train on which President Spencer was killed. Another" deed trainman has .been taken from the debris. RESPITES FOR PAIR OF MISSOURI MURDERERS Kansas City, Deo. I. Governor Folk today granted respites of 30 daya each to Agnea Myers and Frank Hottman, who . were sentenced to. hang for the murder of the Myer woman'a husband. sro PLACrs fob Tata ottcuast. Sr. Wetherbee gays Business Men Will Bot Employ TTatldy Help for Fear of Disease. Young men and women students of the Holmes Buslnees college were given aoma sensible advice by Dr. J. R. Weth erbee of the Marquam building In a brief but spirited lecture yesterday morning. Dr. Wetherbee la a atlckler for the observance of all aetislbla rules of health, and cleanliness, fresh air and exercise according to thla excellent au thority, are the essential elements that 1 make for permanent heslthfulness.- Tha physician even went so fsr aa to say that let tha demand for offloe help be never sa urgent business men would not employ. If they could help It untidy persons In their of flees." lent their pa pera and fllea be found soiled from contact with unwashed fingers. The lecture wss arranged for and was one of tha parts of the program coaatantly being carried out by this great college for tha benefit of Its atudenta. Tha doctor's hearers were greatly interested and no doubt profited by the discourse. Aa entertaining feature of tha after-, noon was a pin no solo by Me Ethel Snyder- which iwas supplemented by the 1 college" quartet Tha entire setiofll. was greatly delighted with the pleasure af forded by tha management I'ILL ORGANIZE 0REG0.1 CliriHElMORX-- Dr. Stephen S. Wise Writes Tom Richardson of His Plan . " to Form One. An Oregon dub la to ba formed la New Tork city through the efforts of Dr. Stephen 8. Wise and other old-time residents of Orsgon who are now - in New Tork or adjacent territory either temporarily or permanently.. In a letter which waa written by Dr. Wise' from his hew home East Sixty-eighth street. New York City, ta Tom Richard son of thla city. Dr. Wise outlines hia plana. Ha states that there are a large number of people now In New Tork, and near there who were, former resi dents of Oregon and wno look bsck .to this atata as the beat spot on earth. Dr. Wise suggests that these people would erladly band themselves together in a elub or organisation for tha good of tha state and the purpose not only of social pleasura but for spreading -information about Oregon among . their new found friends. 'He states that al ready two well-known Oregonlana, Ho mer Davenport and Jamee J. Montague, tha noted newspaper' writer, are willing ta undertake tha work. He aska that people In Oregon who have relatives and frienda In New Tork, former reaidenta of Oregon, ba asked to aend tha names and addresses at their frienda in order that they may ba brought together for tha purposes of organisation, ur. wise Is eonfldant that it will be possible to organise a large and Influential club of Oregonlana. j, NAT GOODWIN FORCED , TO RETIRE FROM STAGE (Joeraal Special Berries.) -Toronto. Dec . Announcement was made when Nat Goodwin gave his first performance in this country of "Whst Would a Gentleman Dor that Illness would necessitate his temporary retire ment from the stage. , His physicians bave now ordered that Goodwin, who has- been suffering from stomaoh trou bles for soma time, take a fortnight's rest ROBBED SALOON FLED . IN A STOLEN AUTO IJeeraal Special Serrfce.) Loa Angeles, Dec t.-VThree masked men held up and robbed he Salt Lake saloon and IS patrons last Vnlgbt secur ing $100 cash, together with watchea and Jewelry. Tbey then stole an auto and escaped. Una County ranaera Prosperous. be farmers of Linn count)) have made money thla year and many are buying Edlaba phoncgrapoe from Fred Daweon. the live Albany druggist. If you want- on, write him. - . v worth doing la worth doing well If you wish to be cured of Rheumatism, use Ballard's Snow Liniment and you will be "well cured." A positive cure for Bprsins, Neuralgia, Bruises, Con tracted . Muscles and all the Ills that flesh Is heir to. A. O. M. Williams. Nsv- sots. Texas. writes: I have used Snow Liniment for' sprained ankle and It gave the beat of aatisfsctlon. I al ways keep It In tha bouse" - Sold by by Woodard. Clarke a Co. . , To Aid JheJCmas Shopper If you are in doubt about what to get for your father, sister or friend look over 'the few suggestions below, they may help you to remember that Skidmore Drug : ' i r' Co. keeps many beautiful and useful things. c . Regular prjee.. Special price. Norfolk Nappy, 5-in $3.00 . S2.55 Chelsea Celery $8.25 . -$0.85 Fruit Bowl, 8-in $6.75 a. $5.60 Corn Jug, 2-qt $25.00 . $19.75 DECORATED CHIHR I Don't Forget the Babies:. An exquisite assortment -in China Al- Baby Sets, fhree and four-piece sets, in mond Sets, Ice Sets, Salad Bowls, Cho- celluloid," colors pink, blue and ivory, colate Sets, CelcryTrays. Every piece dclicatcj deCorated; also untarnishable hand decorated. The Canadian Maple -. . , Leaf Set is beautiful. Odd pieces, all metal in gray or oxidized silver or gold sizes,all prices. ; as choice for the "grown-up." ' " SHMINb SIMPLIFIED I ( COLUMBIA Just a Safety Razor, Soap and Brush and in fr n nUfntJfllEC a-few minutes the harshest beaid can be lltiiiJtttJNtm& smoothly .shaved from the tenderest skin ' . - with greater ease than you have ever ex- A Christmas for the whole family, one perienced from your pet razor or your fa- gift for sail: A Columbia Graphophone vorite barber. No stropping, no honing,.al- with the Columbia Records, which makes ways ready, always sharp. f ' the Christmas day pass so merrily with Gillette j.... ...... S5.00 and 80.50 the songs of Christmas or of the vaude-" Zinn ........................ i 55.00 and 80.50 ville or stories told by the genuine story- 0em .$2.50 and $5.50 tciier9; f you have a talking machine, Extra Blades for Gillette and Zinn. buy Columbia Records. r A large shipment just received from the factory, put up in hancjsome boxes for the holiday trade, but no more expensive than at any other seasbn, no need to say . more, just LOWNEY'S, that's all I 151 Third Street , ' . , P. M. TO 9 P. M " . ' r' - , .'.,,.- POSITIVELY NONE BEFORE THIS TIME Regular Valup $2.00 PICTURES 81x25 INCHES , , : Frames in golden and weathered oak, brown and gilt REGULAR VALUE 60c I ; . ';: ' ' .U CRYSTAL VASE " : MOST GRACIOUS OF ALL CHRISTMAS GIFTS American Cut Glass The word "American" stands for "Progress" and there is certainly advancement in break ing away from the old styles and giving some-thinfintheaVf-JiejfliLdesjgns. See them, you will find' nothing better. Regular price. Special price Baltic Nappy, 8-in.... $13.50 $10.45 P. ft S. Vase, 8-in. $4.50 $3.70 La France Vase, 8-in. $12.00 8.40 Creamer and Sugar, set $9.00 . $7.35 LOmiETSJCmCOLMES SkBmor& fr Co. '; REGULAR VALUE 60c CryslerpProp". r4 . V- 7 T'.