sjtjt wjr I
t?-
DAILY CAPITAL
$ c
1.
ASSOCIATED- PRESS DAilV.
-2JL
VOL. 8.
SAXEM, OBEGON, SATEXJliDAY, FEBRUARY. U 18.
' r'. Anu. i
k.
dOfTRWAlk
mr 1 1 H Bti tH I W H 4 H ' A H .rir H Mrf.
IF YOfl
Reliable Sbo?s
AT LOWEST
TI W
m
We sell shoes that fit and wear well.
Bought for cash and sold for cash, That's
why we save you money,
K.T.BARNES.
X No Trouble to Show You Through and Give Prices. X
Hardware, Tinware, Barbed Wire
Blacksmith Supplies, Stoves and Machincryjat
GRAY
Examine our large and complete stock. Always prompt and
courteous treatment.
F, S, Dearborn,
X
COLLEGE OF MUSIC
of the Willamette university.
-jUNDER NEW MANAGEMENT-
Modem methods. JUp to date. Same a in the eastern and European Conservatories
None but the best hfgood enough for beginners as well as for more advancW pupils,
W. C. HAWLEV. President
It. A. HERITAGE. Vocal Director
EMIL
X
X
X
X
WB HAVE
REMOVED
x
x
Now'that we are located in our new quarters we
announce ourselves ready for business, and by
the way we would have you understand we
mean business when we say that
This Stock Is to Be Closed Out,
and that right soon. So come while
ment is complete, You will find us
State street, next to Gray Bros,
G, W, JOHNSON & SON,
v.
w, R. ALUN,
WftNT X
PRICES CALL ON
Rid
nm
J3l
'X Bookseller
L. WINKLER, InUrumenttl Director,
X
X
X
X
X
X
our assort
in No, 115
t
BROS
Agent Mortgagee,
0, P, H. R,
CLAIMS
Report of Referee Woodcock
on Their Priority,
TAXES MUST BE PAID,
Labor. Material, and Other Debts
On an Equality.
A. C. Woodcock, referco to report
on validity and priority of claims
against the $100,000 purchase money
for which the Oregon Pacltlc railroad
was sold to Bonner & Hammond last
spring, has filed his report.
. It will be before Judge Fullerton
for approval at Corvallis, February 5,
at 2 p. m. Mr. "Woodcock, assisted by
Stenographer Wilklns, has at great
lbor and pains sifted the millions of
dollars of claims presented and his
findings are given below.
It will be Been that Marion county
recovers taxes to the amount of $0343
.15, the claim pressed by Attorney
Geo. G. Bingham being nllowed in
full. Mr. Bingham first got a decision
in the supreme court as a basis of his
claim, the court reversing the decision
of the lower court that exempted the
railroad from taxes for twenty years.
This decision secured by Mr. Bingham
formed the basis of all the tax claims.
It Is a great victory for Marlon county
nnd Mr. 'Bingham personally as his
theory of the corporation's liability
was resisted by theablest counsel In
the state.
TIIE" KEFEKEE'a OPINION.
A. 0. "Woodcock, referee, submits an
elaborate opinion, and still more
elaborate findings of fact and con
clusions of law. The mortgage owners
presented no claim. The only ques
tion to 6cttle was the priority of
claims and tho order of payment.
Trustcc(Turner,McCluro & Ralston)
nnd counscl(J. R. Bryson, or Corvallis)
are not allowed anything out of tho
$100,000 fund. Tho Farmers' Loan &
Trust Co. as -plaintiff was not allowed
Its expense bill. Referco Woodcock
then very ably reviews tho entire luw
of assessment and taxation In this
state, and helds: "If tho property had
not been In tho hands of tho receiver
tho sheriff could have levied on any of
its real or personal for the purpose of
collecting the taxes, and if the
assessments were valid tho purchasers
at tho sales would have obtained
whatever Interest the defendant
companies had in the propcrty,subJcct
of courso to redemption free from all
other Incumbrances against the
property." Ho holds that n railroad
in the hands of a receiver Is llablo for
taxes In precisely the same manner as
if there were no receivership, and tho
Hen of the state and counties must
take priority.
The question of the priority of
claims of counties for tuxes Is argued
with great ability and at length by
tbo referee. The referee centinues:
"It as claimed by some of counsel
for receivers that their compensation
should bo allowed preferenco over all
other claims except compensation of
receivers. An examination
of the various claims for attorney's
fees in this proceeding shows that the
receivers were very lax In tho employ
ment of counsel, Tho total amount
of these claims is enormous compared
to the value of the property. Fewer
attorneys could certainly have done
all the work necessary to have been
done but instead of that counsel wero
employed in every locality where any
difficulty was encountered by the re
ceivers." "I do not think any court could
allow conscientiously In this proceed
ing attorney's fees preference over
other claims. The most that can bo
said In favor of the claims for counsel
fees is that such services were neces
sary to preserve and protect the pro
perty of the defendant companies, and
the same can undoubtedly be said for
the other claimants."
Receiver's certificates he holds as
not to be given priority over other
claims. "It would certainly bo
inequitable to hold that receiver's
certificates should be prior In rank to
claims of laborers and those furnish
ing material. It Is the duty of the
court to see that repairs are made. If
the court exercises this power It is
certainly Its duty not to allow one
class of claims to be preferred, by
The U. S. Gov't Reports
tkew Reft Bsklttx Pvw4
BbV SyWWr 99 00m IWnli
reason of such authority exercised by
the court, rffier another class."
AlTOnTiONMENT OK CLAIMS.
I, Allowed.
Material and supplies, .,
claimed fc9,107.84 nnd In- - t" .
tercst. . . $ , . 8 08.032,09
Laborers for rocr., claimed 'ri
$118,070.44 and Interest. .sl38,0i3t
HlodlobebhJV assigned lbr... .-".J
claimed M0,000 aria. Inter-
COVt Ttt IIMMHIM
Insurance certificates, eld.
$13,807.70 ind Interest....
Benton comity taxes, claim
ed $10,4QG.3 and interest.
City Corvalllft taxes
School district No. 0, taxes,
claimed, $480.70
Lincoln county taxes, eld.
48,132' 88
10,074 10
10,408 C3
423 00
530 45
$20,010.22. .&-.' 15,041
50
Ulllli VUUIIl'JC'.IAUQ.
T.littt nniinntJInVAM
10,011 50
Marlon county taxes.
IVJKIUO
John P. Fay, attorney fees,
ciaimcu 87.iHW.iK)
Bronaugh M&1.& F., attor
ney fccs..9
L. Filnn. attorney fees. eld.
8,801 00
$3,055 and Interest 3,155 00
jonn jJurnorx,uHorncyrcc8 i,k oo
J. K. Pcndjeton, attorney
Page & Kelleyj attorney fees
E. C. M. Rantfr expert fees,
claimed $1JL75U3
F. L. & T. $o. and attor
neys, Turner, McClurc &
Bryson, clalwcd $33,270.50
W. L. LawYccrs. certifi
cates, clnliiVkl $41.000....
ICCOi VIU1IIH.-M ' QO.WV
4,000 00
T"
17,221 00
v. ii. NontiMM), xccre. cer
tificates, clMtned $7,000
nnd intercstjf 8,880 00
W. L. Vance, iccrs. certifi
cates, claimed 910,000 and
Interest... ,.&.
L. Fllnn, rccrs certificates,
claimed $7.00pand Interest
John A. Crawford, rccrs.
certlttcates.clhlmed $5,000
and Interest.
J. W. Whalley.ij former ref
eree, claimed (1500
M. O. WllkliiH, felon, fees..
12,400 00
8,880 00
0,240.00
00!i5
Ing I. '55 tK)
Geo. S. Coo, trustee rents,
claimed $3,021178
Wm. M;. Hong, rents and O.
i). uo., ciauncu $io,(m.7H
T. E. Hogg, recdlvcr, claim
ed $5,504.60... I
Chas. Clark, receiver, uo
claim; accounts approv
ed i
E. W. lladloy, rdcolvor, eld.
$10,000: account npprpved
T. E. Hogg, receiver; ac
counts not apppovedahort
$30,08-1.27 1
Levi & Ferguson? ct. costs.
3,000 00
403 35
Amount of fund n hand. . .$04,312 17
Expenses of proctcding 1,300 00
Balance for dlstgjbutiou..., 02,012 00
Tho report shows that tho Hogg
receivership is over $30,000 short, and
that no legal reports were made to
tho court for over eight months prior
to his removal.
OTIIEU FUND9
not yet In tho hands of the court nro
as follows 1
$25,000, less officers' fees of about
$5,000 deposited In Hamilton & Job
bank, which will pay o percentage.
Also about $27,000 proceeds of salo of
steamship Willamette.
Salem nttornoys who are conversant
with tho facts say tho report mado by
Mr. Woodcock is very creditable to
the gentleman.
The labor nnd material men will
get about 10 cents on tho dollnr and
if anything is realized on other funds
tho labor and material men will get It
all. There is not much probability
of an appeal to tho supremo court.
Whistling With the Bund.
Tho Chicago Record says:
At tho Columbia theatre on Christ
mas night the house was absolutely
jammed. It was a big, good-natured
holiday crowd, that cheered every
patriotic speech In "Shenandoah."
Tho gallery was so densely filled that
there seemed to be no room for
another head.
After the second act, by which time
the house had warmed up under the
Influence of warplay,tho leader raised
his baton and theorchestra began tho
lively Washington Post March." Tho
crowd recognized it at once and ap
plauded. Then a lxy in tho gallery
began to whistle an accompaniment
Another boy, who could whistle
through his teeth, joined in tho ac
companiment and In a fow minutes
the whole gallery was at It. Tho
whistling gro v louder and more pen
etrating, but the boys kept good
time and on the long notes simply
tried to see now much noise they
could make.
The members of the orchestra wero
badly "broken up" and laughing, but
the leader pulled them together and
while tho thunderous nolso continued
they began playing the march once
more. The 500 boys whistled an ac
companient and at the conclusion
there was another outbreak of en
thusiasm. Another Excursion.
llenubllcan delegates and visitors.
attention. Tho Steamer Altona will i
leave for Portland Monday at 0 a. in.
Round trip $1. Can return any day.
M.P. Baluwin, Agt.
Children Cry for
I Plthrfs Castor!.
A SILVER SUBSTITUTE!
'
For thWl
i
ouso
.
CoinBond
Bill By 43 to 3j4 Votes,
I
MITCHELL AND M'BRIDE'
u$L. i
-$.
One for and One Agaipst-lt'Ws'
- Not a Party Measures. ,i
i --.
fikst sifAysK Votes.
Washington, Feb. . l.-iEho first
volelnihc6cnuto todayjoccurred upon
tho amendment of. Butler, pop., of
North Carolina, to prevent further
isauo of bonds vithdut authority cf
congress nnd pay tho coin obligations
of tho government In silver when,
silver bullion was below tho par valiro
of gold. Tho nmendthent was de
feated. Yens, 15j. nay, 40. Those
voting Initio nfflrmitlvo were Allen,
Brown, Butler, Catnoron, Cannon,
Gcorgo, Hill, Kyle, Pcffer, Pfltcliard,
Roach, Stewart and Tillman. Allen's
amendment forbidding bonds Issues
was defeated by a vote of over 2 to 1
ngnhist.
Tho vote was yens, 21, nuyn, 54.
Mitchell and McBrlrte.vntml nnva nn
jVfio'Allen amendment.
l" ' KKFUBED TO TAULU.
free sllycf amendment of. tho finance
committee (b tho bond bill. ' Lost 34
to 43. McBrldo voted yon, Mltcholl
hny. ' '
s TUB KOLL CAI.f.
Washington, Feb. 1. Tho finance
committee's frco silvor Bubstltute for
the. bond bll was passed by tho senate
yeas 43; nays 34. Yens Allen, Bacon,
Bate, Berry, Blanchnrd, Brown, But
ler, Call, Cameron, Cannon, Carter,
Clinton, Clark, Cockrcll, Daniel,
Gcorgo, Harris, Irby, 'Jones, of Ar
kansas, Jones, of "Novnda, Kylo,
'Mantle; Mills, -Mitchell; -of Oregon,
Pasco, Pcllcr, Perkins, Pottlgrow,
Prltchard, Pugh, Roach, Shoup,
Squire, Stowart, Teller, Tillman,
Turpie, Vest, Vorhces, Walthall,
Wnrrcn, White, Wilson, 43. Nays-
Allison, Baker, Burrows, Caffery,
Chandler, Davis, Elklns, Faulkner,
Fryc, Gnlllnger, Gear, Gibson, Gor
man, Gray, Hnlc, Hawley, Hill, Hoar,
Lindsay, Lodge, Mcllrldc, McMillan,
Martin, Mitchell, of Wisconsin, Mor
row, Murphy, Nelson, Parmor, Plntt,
Proctor, Sherman, Thurston, Vllns,
Wctmorc, 31.
THE MEN WHO PAHtED.
Tho following pairs were anneunced:
Those ngAltiHt tho motion being seven
first: Ciillom with Blackburn; Aid
rich with Ilanshorough, Sewell with
Gordon, Brlce with Wolcott, Gray
with Morgan, Smith with Dubois.
Laws Unconstitutional.
Indianapolis, Feb. 1. Tho su
premo court has declared Invalid tho
legislative apportionment of 1805
passed by tho Republicans. Tho case
involved also tho apportionment act
of 1803, passed by tho Democrats.
Tills also goes down as unconstitu
tional. By a former decision the ap
portionments of 1801, nnd 1880 were
found lnvnlld. Today's doclslon
makes It necessary to go back to tho
act of 1805.
Tho decision suggests that a special
session of the legislature might bo
called to remedy tho situation, which
has become chaotic by today's de
cision. Tho Snlom Statesman picked tho
only flaw It could find In Elder Bark
ley's speech at Woodburn his en
dorsement of tho referendum. It
should havo told sonic of tho other
good things ho Bald reduction of sal
aries of federal officials, pensions for
old soldiers und a tariff system for the
development and protection of all
American Industries. Tell it all, Mr.
Statesman; tell It all.
Republicans, prepare to attend your
primaries. If you let some politician
down town put up a slato and elect It
for you, you ougqt to pay tho bill,
The Clackamas county central com
mittee bases the apportionment of
delegates to tho county convention
on Hermann's vote for congress in
June, 1804.
SAND BARS IN THE iWlLLAM
,; - ETTE RIVER." . ' i-
KDITOU JOUUNAW-J HOtlCO lytO-
dny's ShiicstiuiHtjduUCongi-cswiian
Hermann had plied up ittiother "sand
bar" In tho WlllauiottoxrlU'r, above
nnrrlsburg-prcsonttrrScii obstnelo
to navigation, that the steamer lloag
wns prevontc$rotrt fencTijng JJugeno
with frdgHU-des?tricd for that placed'
Wliy Congressman Hermann Bhould
persist In "piling" up- tlicwj "sa'nd
bars" In tho Wlamette, JustnJLtitU
tlmcyw lieiyheKhl.bnzook editor
bnUhd ,Stat.pM&k so anxious to
nnvlgatb ltspkc!(Lwators, Is beyond"
nvv coniprehcnslo'tjnikiLsccniH that
'JtAuis got to bo a klh At pastUhoior
"second nature" with Mr. Hermann
to
these "saiid.bars."
m
iifflPMcfilliirlty
or "fad" of? Her
mn.inrs wgA first Observed abotltYo'ifr
years ngoTwriWftjBob" Jlndricka was
so desirous of reaching Portland"via"
tho WlUnmcUerfver to nRsumothc
position ofVWllcctor of customs for
Oregon. Hermnnn,Just prior to "Bob"
ombarklng on this hazardous Jourmjy
Btlrrcd tho wnlers gfitlio Willamette
until they became exccedlngly"rolled"
and turbulent and there wnHgrent
commotion therein, nhd when the
waters had subsided, It wns dis
covered that a groat "sand bnr"
hnd formed across tho river nt or nenr
Chainpoeg In obatrnctlng navigation
to such an extent, that "Boh" in his
d.Q9pqrttto efforts to, roach tho goal of
his ambition was shipwrecked. But
while ,thls wns disastrous to "Bob"
In ono sense, It also proved very fortu
nate for him, na ttila disaster overtook
him not far distant from tho Che
mawajndlan school, whore reigned
his. vory dear friend, Rov. Irwin, for
whom ho possessed silcli. great admir
ation and respect, and In whose bo
half he had said . so.1 many "good and
kind" words through tho columns of
tho "Statesman." So In order to
.mnnlfcst- hlsgrcat appreciation for
and gratltudo to tho great editor, who
hud 'stayed11 with him llko a
"brother," ho came to-his rellof and
offered all succor possible, nnd from
that time, forward "Bob's" affection
for Rev. Irwin has Increased at a 10
horso power rate, until now It knows
no bounds. It Is hoped that from. tho
disastrous results Mint havo followed
this sand bnr net of Hermann's In the
Willamette, Unit ho will stop such
noiiRcuso and el la more attention to
wards securing an appropriation for
a now post olllco building In Snlom.
Glil'KA.
i ii
DIliD.
SHELTON. At tho homo of IiIb
father, on Front street, Frldny,
January 31, 1800, Lyle Rodney,
youngest son of Dr. .1. O. Shclton,
aged 13 years.
Ills Illness was of very short dura
tion, Rodnoy wns a pupil of Prof.
Long In tho North Salem school and
wns In his classes Wednesday as usual.
Upon his return from school ho com
plained of a llttlocold which, getting
worse, sottled into pronounced pneu
monia, so torrlbly opprcsslvo that tho
little follow passed awuy nt 4:30 yes
terday afternoon.
Deceased was born In tho houso In
which ho died nnd was tUo youngest
of threo children, his sister nnd
brother surviving. Hrs mother died
a few yearn ago, nnd his father has
been an In valid for many years. Thcro
are few boys so young who nro so
manly ns was Rodney.
Tho funeral will tako place at 2
o'clock Sunday, from tho house, Rov.
W. C Knntnor officiating. Inter
ment In Rural ccmotcrv.
Tho hopes of ndvanclng prices uro
now based on tho Increasing output
of gold. If gold gots cheap enough
all other products will go up.
Think of all tho little children at
school und In nil the homes of Ore
gon talking over that Albany hang
ing. If such horrible things as executions
are necessary It were hotter If thoy
wero In private nnd by electricity.
The Statesman has a big Job,kIlltng
off Hermann nnd Gccr both In one
year.
Why do so many more run for as
sessor than for sheriff?
Highest of all in Leavening Power. Latest U. S. Gov't ept
-J'-. .,
AJUTARD IS CENSURED '
For Offensive Speeches He
Matfefn England,
v. ! V2
sVECUUTOrfsENTENCED
MjnjiJpojtnd.Tor'mQsa Opened
"theWorld.
r
WAMiiNafONj -Feb. L'Tho hou'v
committee )ni 'forotyn ?lrs tliin
ftf.tcrnoon adopted," by a Wty vole, a
resolution ccnsurlng;Arfwailir'B,tj-
ardlfor two specches'tlSdlnbUrj'h i
nnd Boston, England! 'The resolution
declares that It Is Improper for rfat'
representatives abroad to condenin'
Hpy political party or policy In Ann t-
lea, nnd tliat nioh actions tend to
destroy tlielr Influence and Impair ihi
confidence thoy. should always co:
mand at honiQ arRlbroad.. j.
81'Ecolatqu' hKntjInced.
"V"ASiiiNOTO.l,eb.,l.'Prn(lg0 Col .
of JLho, dlatrjlct . jrfl)remoourt, toduj
sentenced Elvortoybnpmai a Now
i one siocKuroKor, convicted or con
tempt for refusing to testify before
tho sennto sugar trust Investigating
committee, concerning alleged specu
lations by senators, to pay n lino of
$100 und bo' Imprisoned thirty days.
Chapman noted nn appeal, and was
released on ball.
MINT UKl'OHT.
Tho monthly report of tho director
of the mint shows Hint the total coin
ago during January has been $13,033,
000, classified as follews: Gold, $12,
014,000; silver, $35,000; minor coins
$53,000. Beginning today the mints
at Philadelphia, San Francisco and
Now Orleans will begin tho coinage of
silver dollars at the rate of $1,300,000
a month. It Is expected the work
will continue until $18,000,000 to 30,
000,000 havo been coined.
FORMOSA dl'KNKD" ""
Tho Japanese legation toduy re
ceived an Importaht cablegram from
the foreign olllco at Japan with di
rections to mako It public by the
terms by which tho rich Island of For
mosa, which Japan accqulred from
China, will bo opened up to trndoand
commerce.
COIH'INOEU CONFIHMED.
Washington, Fob. 1. The senate
confirmed Copplnger'8 nomination hh
brigadier-general.
QIVE US MORIS QONDSI
Five
ltul In
bonds,
capital
bonds.
hundred millions of Idlo cap
Now York domauds more
Two thousand millions of Idle
in England demands more
This Idlo capital wants
Interest-bearing gold bonds.
This capital docs not want to go
into banking, railroading, manufac
turing, mining, shipping or agricul
ture. Thoso lnvestmentfl all Involvo
risks. Thoy ore open to competition.
Thoy nro effected by tho laws of supply
and demand, nnd subject to taxes to
support the government.
Surplus capital wants n sure thing.
It don't want to tako any chances. If
It can got Into a government bond ,t
takes no chances. Tho devil takes no
chnnccs, and neither docs tho bond
holder. Ho wants tho whole govern
ment nt his back to gunrantco his
Investment. Unless more bonds cun
bo Issued, what Is surplus capital
going to do? How can It escape tax
ation? Glvo us more bondsl RATSJl
Mr. Gecr's congressional boom was
started at Woodburn today, Mr,
Statesman.
In not thoSaJomPosfa little hard"
on Jo. Wright of Union county ?
Home trado Is best. It keeps the
money and tho goods at home.
tfr
,?
4