AND LOST
decision or tub bxpbbzb
GIVES GAMS TO P0BTLA2TD.
A GBEAT TOOT BALL' OAtfS
WlBametts Team Played Host Excel
lent Ball and Held tie Tzmova
Players of Portland Down.
Beferee, It la Said, Acknowledges lie
Wu Wrong ' la His Decision- That
Gay Game to Multnomah Score
TlxuUj Wae Six to Nothing. ;
PORTLAND, Or., Dec.: (10.-Bp-eial
to Tbe Statesman.) Hy the rank
decision of the referee, Multnomah won
from Willamette thU afternoon by a
wore of 0 to 0. Wilamctte played'
magnificent game Against overwhelm'
' odds. Jt was conceded by Multao
mab men to have brta tbe fiercest game
played in Portland for years, if not
ever. '
Time and again Pollard, Bader and
Naee would break through the line for
nv and ten yarde. Captain Loner eov
ered himself with glory by going around
the end aid down the field for 30 yards,
the longest ran of the day. Jtmon,
Marker and VjNelaon played atar ball.
Twice James broke through thw line
and tackled the man with the ball be
hind the line, a thing never done
asrainrt Multnomah by en Oregon team
this rear. Marker played the famone
Dr. Bos to a stand etilt, and Jfelaon,
although pitted against a man twice hie
size, proved to be bis equal at every
stage of the game. Nae further die
tinguished bf rnanrlf by foiling the feat
Chester Murphv in one of his attempt
el end runs. Owing to the magnificent
work of Hinkle and Patton, Morpby
failed to get away for a single long
roa. Lonnsberry, on defensive, win a
tower of strength, while Quarterback
Beach, although III, was in evidence,
with bis generalship at every stage of
the game.
Willamette's one weak point was In
panting, and had she had a good kick
er, M. A. A, C. would never have come
within striking distance of the goal.
Multnomah was held for downs fully
as many iimvs as W illamette, and only
saved-herself by excelent punting.
The atar idavers for the M. A. A. C.
were Lonergan and Murphy, Lonergan,
coach of this yrar'e Columbia Unlver
slty team. Is eertnlnlv a whllrwind
Murphy went in In the second half, and
although he was unable to earry the
ball for any big gains, the put his team
on their feet and saved the day.
In the first half, with the vxeertion
of kicking. Willamette renly outplayed
tq ntgreiiows. neither rai was In
danger during this half. 1 nt tbe ball
Surged bark and forth aiTo.t tho renter
of the field.
In the eeeond ' half the ball was in
' "Willamette territory most of the time,
due eolelv to the kiekiug of Murphy,
ana rumr.ies.
Fumbles twice placed the Willamette
coal la danger, but bv making a stand
.-n the,, fauryaxd Jine, they , not .unly-I
nela tne giant Multnomah, but poshed
them back and. took, the LalJL J-aiet tno
(ball was iit-'Multnomah's posVssion'on
f Willamette's one-yard line, but through
a that Willamette line they - could not
' make an inch. After getting the ball
: cash of these tlm, "the" carried it
tteatiny and surely down the field, only
to Iose.it once on a fumble and once on
' a pnnt, made necearv by a penaliza
tion. It was on this forced punt that
the meree wade; the rang decision
which gave Multnomah the chance to
nvuiri ihc nan wsb pnnnni itsrn xv
rrk . - 1 t 1- ...
Bader for the kick, who fumbled it
but regained it immediately and kicked
it against a Multnomah man, making it
anybody's ball who could fall on it
which wae done by a Willamette man
The referee, however, awarded the. ball
tM. A. A. (X By a hnrd struggle, dur
ing which "Racehorse" Naee wil
force! by an injury to retire frorri the
- game, tbe etub men were enabled to
aeore,' five minutes lefore the ele of
tho half. Neither goal waa in danger
after this.
V Before the game was endedit became
so dark that one could hardly see across
tht field.
; Multnomah had by far the strongest
line-up that she has had this year, but
In spite of this fart, Willamette pot up
: a much better gam against ber than
did the University of Oregon.
The Salem lads feel that they as
good as won a victory.
The line-up follows
' Multnomah. Willamette
Grieve .e. .,. Nelson
Seeley .......... r g. ........ . Marker
Kirklev rt. Pollard
Capt. Dowling....m..Hlnkle, M.Long
Uoran .rb,... Long
Itoes lg ... Jsmea
Dow It Bader
Jordan ......... .1 e. ........ . Patton
Lonergan ...lb Nace, Hinkle
Mtirnhr ...n.. Beach
r -
Johnson
Dolph .... .......... f ...... . Lotinaberry
Keferce Buddy of Portland.
Umpire Zereher of Salem.
(Prom one who was there it ia learned
the referee later acknowledged his de
cision waa wrong.) '' v-
- an i :,r i
tv rwTf rrr evp TJlBOR.
l DENVER, Dee, P. Gcbrgo
k pretddeut of the United Jlrotherooo.1 or
:- Railwsv Kwidove,.nl a-weubr f
; m exeeuiivo twain f iwi mi.Y-
t Labor. Union,' vl cnartniimltb, jr.
feral seerrtarf-trcajiurer of the Amrri
' can Ijabor tioa,, -me the , exrTltn
vbiard of the Western tVleration of
Mincra today, fpr the jnrjv of di
I- cussing. tho plani for julvanrfment Of
the .American Labor Uiyon and its mi.
or.lint i-ninn Tbev announcil tuAf
so thought bad ever been given the P
eibility of the mincra federation affil
bling with tbe American Ketleratiou of
"- Labor. ... :- '--:J-" -V ' -'.v; '
A PORMTDABLE DOCUMENT. ?.
Indictment Against Aasasaiiis of Minis
ter. Von Plehv Recite In-:
,- . .. terestlng Pacta. --y;
ET. I'ETERSBURO, Dee. 9. The in
dictment on which Saaoufff. the ; aasaa-;
in of Minister of the Interior on
I'lehve, and Sikorifsky, bla accomplice,
-will bv tried December lSfie a formid
' ablelbFmcn TcWn thfr Wstotr of
;rth' asaassinatifen plot and the - detai
- of tlie rrtme, " revealing for the - first
lime tieintretij3j'f6c about we ac-
euxed nod tbe confestions mad1 by then '
and winding up with the- formal hrge,
1 he dneuim at, which baa been shown to
the Associated Press, states that both
RaaonclT aud Hikorlfgky belonged to ai
fighting, organization of the social rev
olutloaarrcs, the central committee of
which waa organized abroad in 1902.
The object f the organization ia to
overthrow the butoeraey and replace
them with a republican socialist regime.
The indictment describes ta detail the
murder of .Von Plehve and his eoaeh
mans bow Hasoneff was stationed in
front of the Warsaw Hote and Siko
Hfsky beyond the eanal bridge and eays
the bomb struck the carriage between
the Minister and the coachman, kill
ing both and injuring eleven otbera.
Tho whole narrative of tbe indict
ment, confirms the Associated Preaa re
ports regarding- the affair.
- ' SHZPBtTILDEBS PAIL.
rillLADHLPlilA, , Dee 8, The
Neafie and Levy shipbuilding company
whicli recently completed the cruiser
Denver for the Government and which
is now working on the Ht. Lou ht, as
signed fdday, Tbe Hi. Lonia ia two
third completed, and the company re
cently received a contract from - the
Government for'tbrm toga. It ia un
derstood the expenditures in the con
struction of the Ht. luU is tbe cause
of their embarrasment. They have
done much Government work in tbe
past. ". ' i
eSBHHSiMMMManSBJBBBJBaBaSBSMaBBSMaW
STOCK REPORT
COUNTY STOCK INSPECTOR BB-
P0BT8 ON CONDITIONS - OF
1 MABION COUNTY STOCK
Some Dlseaae Beported But Only; in
Sporadic Cases Some C&utiona Be
gardlng Pood for Stock Improve
tnenti by Importation of Pull-Bloodi.
D. D. Kceler, stock Inspector of Mar
ion, county, in bia quarterly report to
the county court eayss
"Htock of all kinds is tn lair con
dition1, and thtro has been this fall no
iuf cctioua . or contagious disease man.
ifest. Karly in the fall it waa thought
that .we would have a very close bard
time to get the stock through the win
ter, owing to the scarcity of the feed
ing product, and also their uitrogtnua
condition having grown slowly on ac
count of the long, dry weather. Hay
seemed deficient the fibre seemed quite
woody, and hard to digest, but tbe
weather turning very favorable grass
anrana no. and stockmen have not bad
a ... erwwl uaIi sj sae ffaad aa lasea at '
I if j v r,i v mm - as s s v sv-'if sjaw snow
but little hay, aa yet this fall.
,"In a few localities there have ben
some eases, of ergotal poisoning (com
monly known an staggers) In horses. 1
suppose from tne rccuipg oi oai nay or
oat straw, j
"I bavr seen a few eases of vermin-
ious bronchi is or worms m the lung
?; iTiwwKLi - ve .hat
'r"S 1 $ -n Ihe!5;.m t
I know of. Calves and sheep seem to;
iee in crood condition on the crasu !
that haa grown. Binee th fall 7aina
set in no weather has yet been
; cold
enough to retard .their growth, . , ' I
,4I wonld like to caution, our pcordc ;
while I nm speaking on th food quee-
tloaV'aaftaSr.tbat good weal weae.-,
son- We caot.havs a balanced ration
it something of. this kind ii not added.,
in abundance. owlngHo the coarse and
nitrogenous' condition of some of the
obtained "foods. ' A
i "There has been quite a shipment of
butcher ate?k, hogs and sheep, also of
breeding stock, and I am unable at this
time to give tbe gross number or price
received for said stock. In this connec
tion permit me. to say I am surprised
that any hipper has the heart to at
tempt the handling and shipping of
butchers' stock with tlm poor facilities
afforded bini anywhere along the lines
of railroad passing through our county, i
Mativ of our farmers and stockmen are!
rapidlv improving their stock by tbe
Importing of thoroughbred and full
bloods and I think one the prime fac
tors in this improvement is our State
Pair, held within this county Prob
ably nowhere in the tate can be 'found
better sheep, nats, Hereford (white
faced), and Jersey cattle, well, bred
horses, both of tbe heavy draft and ear
riage breeds, saying nothing of the good
drivers.
"I have not as yet mare n tour of
the different dairies of this county, but
Intend to in tbe near future, and ant
promised the company of Pure Food
Inspector Bailey in mv' rounds, oapfe
Isllv Mong those n0p?ylog Salem with
milk. When I have made such inspec
tion I shall be plessed to bring before
you my Undines."
AFTER DIVORCE
mbmmS r if- '
MBS. OLIVE S. ENBIOIIT SUES FOr.
DIVORCE PROM J. P. ENBIOUT
HEB HUSBAND.
Cause Set Porta Is Cruel and Inhuman
Treatment Were Married Two Year
' Ago, at Houston, Texaa Mr. Enright
'Is la Business' Hate.
f
(Frnn PHinday's Daily.)
rnVs were' filed ln"'th"c'oflfee of the
county, rlerk.yestenlay evening at a
j.nte-bonr by theattornys for Mrs.
Olive Unrisht Jn, which she applies to
tBo Vireul work' forreknie.fTera,tho
rninds of 'wedlock, with' J. P. Kuright,
th tailor of this city. , r'i i i ..'
Mr. and Mrs. Enright were married
Lire jVitistev, ITexJtf-in March, 1JW3, and
son came VO rMllviii, wnrm ...
had lived for a numkr of year before.
Mrs. Enright will ak also to be allowed
to change her name to Olive 8. England
ugain, taking" tho jaoie!of her former
husband. . .. . . . V
Mrs. .Enright; has Un admitted lo
the bar in this state and ia one of the
most prominent women of Oregon, a
writer of note, and woman of affairs.
Mrs. Enright alleges cruel and inhu
man treatment, and that ho has abused
hrr personally and bodily. Her attor
neys are Messrs. Kaiser Slater.
QUIET AT"MUBDEN.
UMUKDE3s;De. ll.-It ls enowiag
Vnde and a. 'general quies -prevaile.d.
Heavy caBaouadtn? was heard t tbe UVVt msyor of Sskrn. ;. . 1 .
rt"ttr Lone Tree- Iliffi -J'n Ecrjise'a-Anaual'AddressriroB.
SHE HELD : v
SECURITIES
MBS. CHADWICZ HAD 127 HUB POS
: SZHSION $14,000,000
TBXSS WEBS ALLEGED SECUBITT
Che Has Borrowed Mocn Money Before
On Tbeae Securities; and Eepaid
It, Bo It Is Said-
Woman la Still In JaU In Kew Yerk,
and It Ia Said Will CKve Ban and
Plgtt Extradition WtU Sign Bend
Monday Looking for Her Hatband.
CLEVELAND, Dec. JO. A feature
of today ' development in the Chad
wick ease waa the disclosure that she
had In ber possession, directly and in
directly, alleged aeeurities to the
amount of nearly $1 4,000,000,: These
all bear the name tf Andrew CaraezU
and are aa follows: .
Notes held by the CUImos' National
Bank, Oberlin, 70,000; note admitted
to exist by President U.'fkwitb, $500,
000; note held by Irl Reynolds, 45,000,
000; certificate of trusteeship for se
curities, tYld by Beynolds, 7500,000.
Total, 113,750,000. With this barking
Mrs. Chad wick waa vnabUd to obtain
large loans during the Ust two or three
years, most of which was repaid, how
ever. The only financial institution
so far & known, which wits compelled
to close on account of the wn:ana dial
ings, has been the Citizens National
Bank, of Oberlin.
CkwaaBBBBss
Mrs. CnadWIck in JalL '
New York, Dec 10. Mrs. Castde L.
Chad wick is still e.oofmel iu a cell in
the Tomb. Phillip (!ar,?nter inform
ed tho Associated Press tonight that
she will not go to Clewlaud before
Monday,, and the belief ' is prevalent
that shj will not go to the Ohio city
without a fight, as her counsel here and
in Ohio both unite in opposing Ltr vol
nutary departure.
It is said that late tonignt bondsmen
had beck found to qualify (or 113,000,
the amount of bail demanded by the
judge before whom Mrs. Chadwick w:is
arraigned. The name oi tne person
wilf not be made public until Monday,
when it is said he will sl.ia the boud.
What beeame of the money Mrs. Clad
wick Is alleged to have raid on the
loses in question Ik interesting the per
sons connected with Iho cn, for it baa
been more than three yenrs riuee she
settled flfiVTj.WO on her bo,band, Dr.
Cbadwick, and since-then she had tor
rowed owr tUOO.tOO.
A rumor is eVVent tonight that cf
) fnrta nre liincr tnaite to loi-nte Tr. f 'had.
jwiek and hi, daughter. Dr. Chadwlck
is aaid to have given Herbert B. Xew
ton f cHe., aggregnting 5000 ir
f n of ,sWIfo debted
whic l 5 "e.I o,nw bark from
stamped withJnt ftnda." Jc
- r , . , . , .. , . . , . ' , , -
ia mtl today that the ceck may
u . the international proceed
lings,
( VS IV J MJ AV VT XX U J
j IMPOBTANT , MEETING , TO TAKE
PLACE HEBE TO CONSIDEB
BOADfi QUESTION.
r
Very Interesting Program Prepared In
cluding Ad dresses Prom Many Prom
inent Men of State A Reception and
Generally Interesting Time Projnlaed.
On Tuesday, tho thirteenth of this
! month, there will meet here in tbe Cap
ital City oner of the roost important
gatherings that has gotten to
getner in tbe state of Oregon for some
time) This refers to th Oregon State
Good Roads convention, which will meet
here in annual sesion for the purpose
of considering modes and means lor tbe
improvement of tbe roads of tbe state.
Every county court, the mayor of
every Incorporated town, the officers of
the Oregon Development League and its
branches, are ex-omeio delegates and all
these bodies nave been requested to ap
point as many other klelegatea as they
care to, so that the meeting would prove
successful in every way. vbiie tnere
is no way of knowing just bow large the
attendance will be, it is sure tbat tbe
attendance will exceed a hundred and
fiftv outside delesrates.
. A Urge attendance of the citizens- of
ftilem is expected at the meetings, be
cause the program is one. of the best
ever offered io this particular.
The meetings will take place in the
city hall, a room hardly large enough
for the purpose, yet the best to be had
under the circumstances. An effort was
nade to secure the room of the circuit
court for the purpose, one which is well
fitted for such a meeting and Judge Gal
loway offered freely to gtve It up ao
far as he was eegs-cerned, stating that
while he had a ease on the 12th, that
if be did not complete, the hearing ia
time he would be quite willing to retirel
to the county court room. County
Judge Scott then referred tbe matter
to' Judge Buruett of department No. 1,
who was and is now in Dallas holding
court, but he said tbat be did not like to
give the circuit court room bp for that
purpose. It ia understood that Judge
Wurnett 'a court is adjourned until the
26th.- ' .bf " "-"-,;
The meeting will .open at f half past
I o'clock en Tuvsday, the 13tl, and will
clone oa Thursday afteraomi.
. It is proposed to give the visiting
delegates a good time and there is no
doubt at all that the meeting will tie
the most Instructive -ever beld in the
West to discuss the road matter. f 1
The r.uffslo rUts people and Beall A
Co., of Portland, who are the principal
handlers of bigb grade road machinery
and are therefore interested ia tbe suc
cess of the movement, will give the del
egates n smoker at the Willamette Hotel
on Wednesday' evening, and there is
some talk of a reception to them at th
lllibee fluhv The Stalwart Quartet wil
aid in the entertainment and it ia likelv
there will be other rousie at the recep
tion and smoker by Prof. Willis EL Mc
elroy's band er. orchestra." , .
it " - Program.
The society will open on Tmeoday af
ternfi atl:fl js. an. ;" iia'j' f-J
-Ad'iress'of -Welcone! Hon, Fl W.
John 1L Scott, pnrsident. of the Oregon
Coed Boads Aeeociatioa, and county
judge of Marion county.
Address: "Oregon and Its Boads":
His Excellency, Guy. Geo. E. Chamber
Iain, governor of Oregon.
Address: , Propriety of Working
9 . V g-rv aaTa- m vmvmme Bfc - " J
Hon. aL' A- Miller, senator from imlu
eounty. '
Discussion.
Wednesday, fin, Dec 14, 1901.
Address. "Wanted, Educated BmJ
Dotldds": II. D. Thitlson. see Mary
Oregon Good Bonds Aociatieo
Address: "Iload Making' as a
Branch, of Instruction ia Colleges":
Dr. James Withy combe, director of
United Htatea Experiment Htation, Or
egon Agricultural College, Corvallia, Or
egon. - .4' ..j. " "j '''',-.
Address: "Wbat Kbould tbe Unl
verwity of Oregon do to Educate Boad
Buildcref" Prof. A. L. Campbell,
president of Oregon Btate Uaiversity,
Eugene.-'';.
Address: Kcv. Dr. John. Coleman, ih
D., president of Willamette University,
8alem. ..- ; - : '
Discussion. ' :'
Wcdstsday, 1:30 p.
Address: "A Needed State Boad
for Oregon" Hon. Llonvl B. Webster,
eounty judge of Multnoatak county,
Portland.
Address: "Drainage of Uigbwayv,
Hon. J. E. Magers, cx-eounty judge of
Yamhill county, Portland.
Address: "Public- Boad Manage
meat," Prof. J. M. Hyde, Oregon State
University, lugene. j
Discussion.
! r Wednesday, 8 p. m.
Address: "Good Boads,M Hon T. T.
Geer, ex-govcrnor of Oregon, Halem.
Address: Organization," Tom
Biehardeon, manager Portland Commer
cial Club, Portland.
This meeting will be followed by a
"smoker" to be given-to the delegates
through the eourtttey of BeaJl it Co.,
and. tbe Buffalo Pitta Co., of Portland,
at tk Hotel Willamette.
Music for the evening nession and the
smoker will be by foe tit ai wart Quartet.
Thursday, Deo. 15, 0 a. m, 1904.
Beports of Committees. e (
Gfileral dlseussion.
Weetion of officers.
Tkurtday, 1:30 p. m.
Address: "Good Boada, and How Yo
Secure Tbem," Hon. James B. Meikle,
secretary Wathipgton Good Boatw As
sociation, Seattle.
Discussion.
Adjournment.
ON GRID IRON
MEETING OF- FAMOUS CLUB IN
PHILADELPHIA IS LABGELY.
I ATTENDED FAMOUS MEN
' ' Democratic Party Hump Beorganisa
tlon" Causes Merriment Dead Let
ter Office Matt Plays Off Dummy
Dead Letters On the Guests.
WASHINGTON, -Dee UK -The first
diuuer of the Gridiron Club for the tea-
son war given atA rligm Hotel 1 to
night and the beautifully decorated din
ing room rang with merrimoat for more
than fourboijrs greatly 'to tbo delight
or tbe SOu persons present. 3 be re
cent election afforded famou's "Club's
Washington correspondents an of jor-
tunlty to make mirth at the expense of
both tne successful and defeated par
ties, prominent representatives of bet h
being present to enjoy the riuips and
burlesque presenter with typical Grid
iron humor and pleasantry.
Cabinet officers, Hcnators an1 Ecrre-
sentfttives and other diplomatic offi
cers, were there to be put on the Grid
iron and also' to appreciate the clever
schemes which had been concocted for
their especial benefit. The attempt to
reorganize the Democratic party in
which Cleveland, Bryan, Watson, Deb,
Davis, Tagart, and others , were int-
Eersonated by members of the club, and
ttos which a fortune taller, full of wit
and alive to the general aituatiou, ia-jceted-fcimself,
- an ado tbekit-of, kko
eveping. , The dead letter, oflice, to
which a member of the'elub had been
recently appointed, chief,' was epesed
and some curious and unheard of letters
relating to prominent guests were tin
earthed . .
Tho musicale feature waa one of the
beat and topical songs, ehotuses and
solos dedicated especially to those who
aat at the tables ret enjoyed doring
the dinner.
', I '
; ANXIOUS rOB POOP BOADS.
Josephine Miners Will De All They Can
! to Make Convention Sncess.
d BANTS .PASM, Cn-., Doc. 0.-The
good roada movement haa wtrack Jose
phine county wits greater force this
season than 'ever before, and there is a
more general desire to better the high
ways of the county than this section
has ever leforc knows. During the
past two montne nearly $5,000 baa been
paid out by mining companies aud in
dividual mining men for improvement
of roads in 'jsepbuie county, aud as a
resuTf any of tho ramps tbat wr re al
most completely . imdatcd - during ,- the
winter will be reaUIy reached by ytg
on hereaff er.
Mining men are showing the s.moc
literal spirit in the matter of bringing
a good roads convention hero, and r.o
effort will be spared to make the eon
vTnTf&B a aueceee. The program
arranged, thus far includes such speak
ers as James W. Abbott, of. thcT United
States Bureau of (food Boad, J. IL
Scott, of filers, prestdcut of the "Ore
gon Gool Boad sA shot iaiioa, W.-.E. Co
mae, of the Hoc t hern Pacific, snd Tun
Richardson of the Oregon Devr Ioin.nt
League- lrofcon from the Htate
AgTiroltaral College st Corvallia have
also been asked to asiat.
CASTOR I A
Tor Infants ajid C?il1rn.
Th tti Yea E2T3 Airsjs C:q;ht
; Bears the
St . sz.
NEWS FROM
THE CAPITAL
PBESEOENT EXPECTS BESIONA
TION OP CABDXET.
MANY CHANGES ABE EXPECTED
Hermann and Mitchell Will Ignore Sub
poenas to Corns to Oregon, on
Land Cases.
House Passes Legislate Executive
and Judicial BIB Betrenchment Pol
icy in rull Sway Salary Increases
Unpopular.
' WA8niN0TON, Dee. O.-That there
may be changes made in the diplomatic
service end possibly in tbe cabinet is
evident from tbe statement : mtde by
a high official of tbe State Department
today replying to an inquiry, in which
he said the President expects most of
bis cabinet and all ambassadors to send
In their resignations between now and
the fourth of next March.
Will Ignore Subpoena.
Portland, Dee. P. A dieptaeh from
Washington says that both Mitchell and
Hermann will ignore tbe subpoena is
sued for them to appear as witnesses in
the land sTraud casvs to be tried in this
city.
The claim is made that both Senators,
sod Congressmen ran be subpoenaed
during s session of Congress. Both re
iterate their atatvments that they know
nothing of value, to the prosecution in
the land fraud cases;
House After Betrenchment.
Washington, Dec. 0. Tbe House to
day passed the legislstlive, executive
and judicial appropriation bill almost
as It came from tbe committee, and ad
journed until Monday. The Civil Ser
vice Commisiaon provisions were dis
posed of, and there waa no long debate
on any item today, and throughout tbe
session the policy of retrenchment held
full swsy. AU attempta to increase sal
aries failed, j
Tbe House passed a resolution to ad
journ on December 21 until after Jan
uary 4, for the usual 'Christmas holi
day. IN THEIR FAVOR
JUDGE OALLO WAY 'DECIDES JXS-
8UP EJECTMENT SUTTTN FA
YOB OP FENNELL HETBS.
Holds Property Was Sold Under Oral
Contract Orders 8pecifle Perform- tJf tht,n WIUI 60Yf iu 1M.rgllHtiar him to
snce of tns Contract Losers WUl; play itt tbe streit and in not taking
Appeal the Case to Supreme Court.
'(Prom Sunday's Daily.)
Judgo William Galloway yesterday
T- V.C -reltive, audi, affirmed.'
slon in the suit of 0;orRe w BcoU u A JUm
Mrs. Margaxtt Jen- M vaeeutors of th-last will and
banded down bis dec
the heirs of the late
nel against Mrs. Sophronia Jcssup., thement and the estate of t.'bureh Htnrto-
by the heirs to enforce the specific per-
forniance of an -oral contract for the
sale of the Jessup residence proirfy on
State street between Hich and Church.
and for the perpetual restraining of an
ejectment suit commenced in -depart
ment No. 1 by Mrs. Jessup. Tim decis
ion is in favor of tbe plaintiffs.
in her complaint filM in the eject-
ment case, Mrs. Jessup claimed that ahe
leased the property to Mrs. Penncll for
a term of year and sold the furniture
defendants to the
n.
the eren bill in
eouitv. alleeln tht
their mother had Dure based tbe pro
purchased the proper-
! tv from Mrs. Jessup for $5350. and had
paid the autn of SJOO down as part or
the pnrehase price. $2oui) of the baance
to be paid in one year and the remainder
to be secured by a mortgage on tbe
pmiiprty, and that they took possession
under this Bgreeroent. .
In this decision Jsdge- Galloway holds
that it is a well-defined principle of law
that an oral agreement r contract
where possession is given is a part per
formance of the Same and .takes it out
of tbe statute of frauds. Tbe eourt
furthfr holds that there must be a mu
tnslitv of understanding, and this mu
tuality of understanding was arrived at
when defendant gV receipt for 20O
to be applied on the purchase price, and
surrendered peaecshle possession of tbe
BMI,
The final uecrce or tne ju.ige was as
follows:
"Taking all the testimony into con
sideration the opinion of the eourt is
that the property was sold under sn oral
agreement, and that possession was ta
ken in pursuance of that agreement.
MThe order of the eourt therefore is
for tbe specific performance of the con
tract in- porsuance of that agreement,
and that a deed be dulv executed and
made to the plaintiffs, the heirs of Mrs.
Fes n ell, upon tbe payment into court of
the necessary cash in accordance with
the testimony of the agreement, ' and
tbat the ejectment action be perpetual
y restrained."
Tbe caso will st once be appealed to
the defendant. " ' - - - ;
' a-MMBBaNMSSBaSsSKBjBAsuaMMiMMMSMaef- .- -p..
DEMAND EKD OP WAbI
. tn.-: r -
Social Autocracy Hays Issued Inflam
matory Speeches in Russia.
. ST. PETERSBURG, Dee. 10. The So
cial Democratic I.'xjr party Issued an
inflammatory proclamation denouncing
the aristocracy, demanding the t imme
diate end of the war and the convoca
tion, of a National Assembly. Tt calls
upon all .friends' and sympathizers to
participate in a grand demonstration in
front of the Kazan Cathedral tomor
row. - --. ' .: '.v.; .."" ,;..
SBNATOB CLARK TRANSFERS PBO
i PEBTT. -";
MISSOULA, Dee. 10.- A !cel fa.aU
property owned by Senator W. Ai
Clark in Missouia and l'owell const
made io bla son, William A. Clark, Jr.,
was filed today. Nearly thirty close
ly typewritten pages are" used I o oe
scribe the property conveyed.' 'Tbe sig
nificance of the transfer can tuiy be
sumTsed.'- - . in
in ne nouw, an.i xna sne reeeive.i inelnij therefore the judgmtlit is not sup
sum of $2O0 for the furniture and rent. port,d b ,,Je fiBdinff.
t Mrs. leune l died in 103, an.1 her 1VankJD. Bauers, apllant, against
JtXJJ ?b- respondent;1 apl from
for Infanto
Tit Kind You JLw Always Bought has boruo tlio f
tar of Clin. II. Fletcher, and Las leen uiatlo under hU
Ttersonal nupcrrlslcm fur over SO years. Allow no ono
to deceive yort In tltla. Connlcrfcit, Imitations ua
Just-as-uood" aro lmt Kxperlutentu, nnd endanffer tuo
nfmlnxt Hxmrrlmeut.
IS WHII a. ww m .
The.Kind You Have"' Always Bought
, v.. at. riMiiinA Af '
In Use For Over 30 Years.
IS NO DEFENSE
SIOTHEB'S NBGLiaENCE HELD TO
HAVE NO BEABTKO ON AC
TION FOB DAMAGES.
Father Sued to Becover For Loss of
Child Crushed by Filing Supreme
Court Says s Mlrtake of Law Is No
Excnso oyier Opinions. .
Sir opinions were handed down by
the Supreme Court yesterday, the low
er courts being reversed in four of the
cases and sustaind in two.;
The opinions were as follows:
Frederick IX MaeDonald, administra
tor of the estate of Maurice H. MaeDon
ald, deceased, respondent, against
Drake C. O'Bcilly, appellant. Apieal
from Multnomah county. Tie decision
of A. Frascr, judges affirmed in the
opinion of Justice Bean. This waa a
statutory art ion for damages brought
by Frederick D.- McDonald, th father
of Msurieo B. MaeDonald, a four and
one-hnlf year old byt who was killed
on March 19, 1U03, by Wing crushed by
a piling rolling down upon him . wbieh
belonged to nnd were piled in front of
tne defendant's property.
The points involved wcret cirst,
: W ! Iissi 4lia nsnrwlifrsstiava nf h msit Kssr
proper care of him, could be a defciitm
to this action; and, second, Whet her tuo
child could be gtfilty of contributory
negligence. ' The judge in the lower
court instructed the jury in the ncga.
mmond,
.
i u Tirmrnn wi inr win nnn , i-wi ii-
Ev Ford, appeallant. Appeal from
I Lane county. The tlechnon of J. W.
j Hamilton, judge,, is reversed and . tne
lease remanded, in an opinion by Justice
! Wolverton. Thi action was brought to
recover $18,000 paid to Eva Ford by, the
executors, believing she was a lenefic-
iary under the will of Church Kturte.
vant. It is hebl bv the d.-rinion of tho
Supreme Court that n mistake of law is
,no exeuee, and that the findings do not
j a-oow that therc WJ4, a mistake of fa- ts
I !2n Jlg' reversed in an opinion by
jcnierjwt.es Moore. This was a suit
to rnjoio inierierenee who ine now ni
wafer in a ni navigable stream.
H. Wollenberg, a administrator rf
the partnership of ti. Marks and A.
Marks, partners, A. S. Marks t Co.,
respondents, against J. U' Boss, appeal
lant, appeal from Douglas) eounty. De
cision by J. W. Hamilton, judge. I re
versed and dismissed in an opinion b
Jnstee Wolverton.
H I Smith, respondent, against Ax
Xelson and T. D. Taylor, as eheriff of
Umatilla v eounty, appellants, appeal
from Mult aomau eounty. Decision of
W. It. Ellis, judge, is affirmed in an
opinion by Justice Wolverton. '
George It. Huekman, appoDant,
against the VaUm Bailway, a. private
tvipuHuu muM iuo union Qri mX
:. .... -j ""--
" avsssa-as s-ss b':sbi AfVlIl v 111 tin
counly. Decision by Bobert'kln,
judge, is reversed in an opinion by
justice Bean.
A Victory to Bs Proud Of
is tbo final snd absolute cure of a sore
throat, in which the raWnrU and tn
derness have bcea spreJjng danKeroiis.
ly near tho guardian of life, the
lungs, Tbe luxury of it sound turoat and
robust, lpngs is most srefnly cnjeyiwl by
peple , who, havieg snffercd all th.
consequences of little cold, you
know," have Inyo rjiMwi ffom mltrr
and danger by AHyn's Ijmg Balsam.
ld3eb:tt school
District Levies it Tax of Fve Mills for
Purpose of Repairing School
' House.
.Tine school patrons of Lilerty s-hnl
district held' a Stx-cial meeting nn yr
terHv afternoon, to cosnier the tri,n
of repairing tlie old sch'Ktl bnuo ami
nutting it in good sha as well as rais
ing money to pay off s:ne small in
deHMoen (he district is under.
The Aieeliajf resdvel to levy a tax
by a vt of 11 to 1, the levy being
Bredat fie mills. The property valua
tion of the dirtriet is S10Q,4."5.
ir i f -i- -rum inn i
nxMVwi ft x CfM. n , j im mm I
mt1mmmmrmtiBn iSi y '
vmrrra rotci c.. el.J.. w Ii
Bc.13 in Ealea ly &. C fJUs.9f.-. ,, .
and Children.
Hop Wiro
We uro hondquirtcr for Hop
Wire or Wire Fencing. Call or
write and get pries. We can
pavo you money. .
WALTER. IORLBVs
Sivlim Tfusm Work Curt BU
WE HANDLE THE
OiIviGEiOGOGlu
As n fitump pullei it can't
be beat.
One horse has tie power
of 09v It will grub an aero
a day. Has obtained three
htute premiums.
See us also for
Drag Saws and Brass C:sl!:;
Salem Iron Uorlio
" Shnnd & Marco s.
Proprietors
Front and rotate. ' Pbone 231 S Black
; siien, orccon.
DR.G,GEEr;00
This - wonderr J
Cblness doctor Is
callca great ti
pis witbout opera-
"i tlon t2xat s,rs gnn t
; up w oil. ii vbj'
HVdl.W'-- . withvtbos wonder
ful Cnlness Herbs, roots, bods, ti.U
nnd TegetAbles, Uit -rs entirely vn
known to mcJtosI science tn this cot' i
try. Tbroufcb. Um us of these hart v
less remedies,' ' tale famous doc', .r
knows the suction of over 189 dl.Torc.
remeoies wnien ss sniccessruuy uses ia
different diseases. lis guarantcfi ,
cur catatrn, aatnma, lung, thro.t.
rneumatlatn, , j nerveusnsss, stoma' n,
kidney, bladder, femals tremble, 1 t
mnnnood,' nil private diseases; t. J
hundreds of testimonials. Clir. -
moderate.
. Call and see falsi. Consultation f:
Patients out of the eity writs f ?
bbank and circular. Enclose) sU
Address Tbe C. Oee Wo Calneos V., -cins
Cow 23 Aider strsst, pcrtli.-..
Oroiron. Mention this pat
-t: " ,
t' .km
Dr. H. "OUTOn DAVIO
nn a vese:
Ws treat soeeesafully nil prlr:
nervous snd ehronie diseases, also I'
stomach, Leart, liver, kidney and K r
ffonbles. We euro SYPIIILL10 (v
out mercury) to stsy eured forever,
30 to CO days." W remove ETI2ICTU
without operatior or pain, in 15 daj
WK CUKE GONORRHOEA IN
WEEK. :
Tho doctors of tbs lnstltut are
regular graduates, have had r
years' experience, nayo been kisov,
Portland for 13 yeirs, have rt;
tion to maintain, and will nndert il j
cast unless certain cure etn be c,T:".'
Ws guarantee a enr m f,f r v
tafcs or ebsrea no (. - CormnlU'ion f - .
tor ronS-leii :. iovtmett-- tOOK k,.i '
moilad tree In plain wrrer.
If yon cADDot eU at odcis write (or Qin
blank for home treatment. -
Office hours, t lo ft, ami 7 u. a
. bclnUy. 10 to U
Csutlisced l?t5.
DB. V 1I0MI DAYIj u
Cor. THird ssd Pla e5t.
MtUatUsj.sj'-r. PCXUt.T. ,
L5Sv
b ,f I ate M V
T. i .1 t ...A Li&W