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I ■ cL'IT COURT JUDGES ARRIVE. c c-.ons Open in Federal Building Tomorrow. ■ (_—The autumn meeting of • t'd States circuit court con re Moil.lay morning. The ( *' the court which will sit William B. Gilbert, of Port ■ge Erskine M. Ross, of Los ami Judge WiP'am W. Mor gan Francisco. All the judges :i S aftle last night and reg it; the Washington hotel. ! ank I). Monckton was with as were also Mrs. Ross and v . \!urrow. will open in the federal court ;h o'clock in the morning •lT iiue for four 01- five days. expect to finish their r, re in time to open court in Saturday. While the num ases on the docket is not r.;e are very important, and .;on? handed down will doubt a far-reaching effect. i.]>le realize it, but the court i venes tomorrow is reallly, : .use, the supreme court of States. Previous to IS9I ns were iierformed by the >urt, but it was found that >. ;.s more work than the court ;; S ]>:ise of. in consequence, the States was divided into nine . iiis a:. l a court of last appeal es :,i'■! in each. i , law provides that the court made up of the three circuit :: each circuit, sitting togeth : supreme judge is appointed each circuit, and is en - in the court and, when !>;•< sides. !• -1 [.'a McKer.na, of Califor supreme court justice for h'.-r in his absence Judge Portland, will preside. If - in one of circuit judges isqualified from sitting, one To guard against imitation the word *BudWeiser is branded on the corks of all bottles of original Budweiser. Accept no imitations of the "King of Bottled Beers." AH orders promptly filled by ADOLPH SCHWARTZ, Wholesale Dealer. CARPETS CLEANED and RELAID Carpets Cut and Fitted SPRINGS STRETCHED FURNITURE REPAIRED MATTRESSES HADE L pholstering of all Kinds : his is Part of our story. We will tell you more from time to time. THE O. K. UPHOLSTERY CO. COIiNEH FIRST AND ALDER. ! 'hone Blaclr OS. f (of the seven judges in this sircuit ' would be entitled to sit. In event sucn a contingency should arise while i be court is in session in this city. Judge C. H. Haoiford would be enti eled to sit with the court. The othei judges privileged to sit in this cir cuit are the following district judges: Judge Hiram Knowles. Judge Thomas P. Hawley, Judge James H. Beatty. Judge Charles B. Bellinger, Judge Olin Wellborn and Judge John J. De Ha-en. The circuit court of appeals ha? final juri'scdiction in all matters sa\'v those in relation to questions regard ing the constitution of the United States and treaty rights. The Ninth circuit embraces all the territory west of the Rocky mountains, except Alaska. The court's relation to Alas ka and Hawaii is rather peculiar. In most territories there is a territorial, or in states a state supreme court, but in Alaska and Hawaii the court acts as both supreme court and court of appeals. Formerly the court for the Ninth circuit held its sessions only in San Francisco, but about five years ago congress declared that court must meet in at least two other cities. Seattle and Portland were chosen and the court has held annual sessions here during September ever since. WOMAN SAVES ANOTHER. Eila Johnson Rescues Helen Beecher From Drowning. New Westminster. —Prompt action 011 the part of Miss Ella Johnson, a. local newspaper agent, saved the life of Miss Helen Beecher, of the New York Herald, at Pitt Lake Saiurdey. Mi-s Beecher struck her head against the ceiling of a launch and fell over into the water. Miss Johnson prompt ly plunged in and held the uncon scious girl until the boat returned. THE EVENING STATESMAN, TUESDAY, SEPTEMBER 15, 1903. MORGAN'S MERGER Is h\s Conceded To l>e Colossal Failure. SHIP C'OJII'.IMES WITHDRAW The Cunard Line Led the Fight Against the Big Combine and Has Won. Boston. —"Clement Griscom has failed to deliver the goods Morgan's merger has uncovered. The White Star Line has acquired the Dominion Line, which means that W. J. Pirie and the Ismays have transferred to their right hand what they have held in their left." That is the declaration made to night by a high official in the Inter national Mercantile Marine Naviga tion company in response to the re port that the White Star Line had withdrawn from the ship trust anu had absorbed the Dominion Line. He added: "The merger is on its last legs as a trust. Reorganization must come and come soon. The American Line, never a success, has really reacted upon the attempt to make it the pa rent of the trust, with he Dominion Line as the first born. "It was Clement Griscom who got Morgan into the mess. Goodness knows who will get him out of it. "'rom all ap]>earances the Britisn ijond holders, wao received from four to ten thousand for every one invest ed, will soon foreclose at a settle ment of equal disparity between val uation and prices. Cunard Breaks the Trust. fhe business has not been success ful, and the general symparn;,*—mis placed though it may be —for the Cu :iard line lias cut the trust's business here greatly, while the Cunard bas oine and gone with full cargoes and passenger lists. "The unwieldiness of the trust has been apparent from the beginning, :nd the bookkeeping has been paraly zing The fact is. there have been so many wheels within wheels in the shape of railroad intri'gues .differen ial rates and counter cuttings, that ' ven ihe actual business proportion has departed from sane contempla tion. The stock jobbing aspect be anie obscure some time ago. "But, as a mater of fact, the real cause of the downfall of that merger which seems to be indicated, will he found to he the personal element; blighted hopes of steamship men, who have grown old building up a busi ness; jealousies of rival former man agers of component lines, an., in s<-n --eral an entire lack of harmony with the merger idea. "In other word's the privates have thwarted the generals who would de liver them to their enemies for a con sideration." TRIES TO MURDER PRISONER. Niagara Falls Chief of Police Shoots at Criminal in His Office. Niagara Falls 1 , N. V.—Chief of Po "i'ce John Maloney made a desperate and almost successful attempt to mur der William H. Davey, a prisoner at police headquarters at S o'clock Sat urday night. Davey was arrested last night on a charge of attempted crimiaj assault on an 11-year-old girl and this morn ing no less than thirteen other com plaints were made against him. his victims being girls between 6 and 14 vears. This morning the chief made the remark that no one could be blanre<d for killing Davey, not knowing how soon he was to learn than his 11-vear old daughter was among the man's victims. At supper tonight Maloney learned from his child of an attempt Davey had made on her. and rushing witn his daughter to the station, ordered the prisoner brought out. When the child identified the man Maloney drew his revolver and was in the act of shooting when Sergeant Lyons pin ioned his arms. After the scuffle the chief was over powered. Davey was taken from the station under cover and hurried to the county jail at Lookport. Indignation runs wild about the streets tonight. For two years past Davey has been untieing children into the cellar of his automobile repair shop. "De rich man can't take his money wid him ter de hereafter." "Xo; pa per en silver melts in dat country!" YOUR FAITH ours if you try , Shiloh's Consumption m an.' ours is so strong we ■ SI S~3"~ guarantee a cure or refund money, and tve send you free trial bottle it you v. rite for it. silicon's costs '2'j cents and will cure Con sumption, Pneumonia, Bronciiitis ard all Lung Troubles. Will cure a cough or cold in a day, and thus prevent serious results. It has oeen doing these things for 50 years. S. C. Wells & Co., I,e Roy. V. Karl's Clover Root Tea corrects the Stomach ANOTHER ATTEMPT. Will Be Made to Break the Anti-Gam- bling Law. Olympia, Wash. —Another attempt will be made to break the law passed by the last legislature making the conducting of gambling resorts a fel ony. The first step was taken Satur dav when there was filed an aplica tion for a writ of habeas corpus for Otto Stuth. who was arrested in this city last Thursday on a charge of conducting a money playing Blot ma chine in i locaj saloon. The applica tion was made direct to the supreme court. Judge Linn of the suyerior court being ill, and the court made the writ returnable at 10 o'clock Sep tember 25. It is contended in the ap plication for the writ that the new law is in conflict with section 19, ar ticle 2 of the constitution, in that the subject matter of the act is not ex pressed in he title. It is contended that the subject matter of the act is directed against those who open or conduct certain gambling games, while the title refers to those main taining gambling resort.?. Different From Dietrich Case. This point was not touched on in the recently decided Dietrich case, wherein the constitutionality of the law was upheld by the sppreme court, n the latter rase it was contended that the new act was amendatoiry of in old one anil should therefore so 1 : out th, 1 amend d scction of the old art in fu 1 ! in the title of the new. There is a coincidence in that in ach case the gamblers' attorney i's a nn'inber of t e legislauire that passed 'he law. Dietrich's attorney was Son 's tor Wb'H Graves o; Spokane and Sti.th's is R ; rescntative Charles N. of Thar.-.en county. Organized Movement. Ti. •f an organized iv.ovement is ick of th•;> effort to defeat ■ law and that Stuth's arrest was caused by is own friends .s r.c. doubted here. It is known that gambler-- in all parts of the state have chipped in and that :» per cent of a big pni'se is now avail able. the balance to it- paid if the law is knocked out. A little finer hand is visible than in the Dietrich case, where the victim scaped the penitentiary by a hair's readth. The ecmnlair ins witness against Siuth was a well dressed stranger giving rhe c" Robert Hamilton. A time was chosen when there was no chance for immediate interference by the lower court. Ham ilton promptly disappeared and no one knows from whence he came or where he went. There are no other witnesses named in the information and if the supreme court again up holds the law the case can never come to trial i'n the lower courr for ■vp.nt of prosecuting witnesses. It is - aid a prominent law firm of Seattle will later appear in iiie case. Freaks of Photography. "Photography is a strange profes sion," muses the young man. "Be cause it develops negatives?" asks he young woman with a knowing look. "Not that exactly. But, as an example, the other day I had my pic ture taken in my riding togs—not ori a horse, you know, but just standing, in my riding outfit, with my crop held in my hand. And today the pho tographer writes me that the pictures are ready for me and that they are mounted." 200 AIR SHIPS to be given to the first 200 boys and girls buying school shoes at our store. Shoes the best possible for the money and the aiTship the the greatest toy for a child ever shown in this city. The only place giving them away. The Cash Shoe Company. C. N. HATCH, Mgr. Stenrel Cnilding, Cor. Third an* 1 Tiain. FAIKH.HEI Ml) ITS TWIN iTTI Whatcom May Soon Be United by a Vote of the People—Movement Now on Foot. Whatcom—Another attempt is *to be made to consolidate the two Bel lingham Bay cities of Whatcom and Fairhaven. Three previous attempts have resulted in failure, Fairhaven in every instance opposing the proposi tion. Whatcom has always favored the proposition. IT is claimed by the men behind the present movement that there has been a complete revulsion of sentiment on the south end of the bay, and that the proposition will carry there this time by a large ma jority. The new petition calls for consoli dation under the name of Bellingham, after the magnificent body of water on which both the cities are located. The name by which the consolidated cities shall be known has always been one of the stumbling blocks in effect ing a union. The Fairhaven people have been loath to part with their name, claiming that their city is the best advertised over the country, while Whatcom people think their name should be retained, it being by far the oldest town, as well as the largest, and bearing the same name as the county in which it is located, and of which it is the county seat. There can be no doubt that the great interests in the two cities are now read;/ for consolidation and that they are behind the present move ment. They argue that this move w?ll make this city the fourth in popula tion in the state, and place it in th< category of the cities of the second class, if not in the first. TO USE 1/ BILLIONS. Great Quantity cf Water Under Ap propriation. North Yakima. Wash.—O. L. Wal lor. of Pullman, who has charge of the water survey o! the Yakima valley, has given out some interesting fig ares on appropriations to be made out of the various lakes for storage purposes and out of the rivers for irri gation and other purposes. Out of the three lakes at the head cf the Yakima 17,266,fi00.<XK» cubic fe t of water per second has been appropri ated for storage reservoirs. This is more water than flows down tiie Miss issippi river. About GO.OOO cubic feet of water per second has been appro priated cut of the Yakima river n Yakima county for irrigation pur poses. This is by far more than all the water that flows normally down the river for 12 days. Many of the ap propriations have lapsed. Mr. Waller aiso finds that 11; ere is nough water appropriated to water 225,000 acres. There are 125.000 acres under cultivation or subject to these appropriations. By storing water, about 200,000 more acres can be wa tered in the valley. These figures are not officially correct, but they are about what his report will contain this fall. S. O. Jayne of Pullman, who has charge of the work here, is sick, and in his place P. A. Tilmcnt of Spokane has been stationed. FIND IRON DEPOSITS. Prospectors Locate Rich Vein of He- matite on Vancouver. Victoria. B. C. —A rich discovery of hematite has !.< en made on the west coast of Vancouver island. For over a year rumor that a body of bog iron exi'sted there has been circulated. Two prospectors, T. J. Hick and C. W. Frank, had knowledge of it, but ' ept the oxic- location a secret up to ihe present time. In the meantime local capitalists were interested under the name of the Ircn Mountain syndicate and twenty claims of about 100 ft acres wSre locat ed. Seven of these were retained by Hick and Frank, while the remainder HOW'S THIS? We offer One Hundred Dollars Re ward for any case of Catarrh that cannot be cured by Hall's Catarrh Cure. F. J. CHENEY & CO., Props.. We the undersigned, have known F. J. Cheney for the last 15 years, and believe him perfectly honorable in all business transactions and financially able to carry out any obli gations made by their firm. West & Truax, "Wholesale Drug gi'sts, Toledo. O. Walding, Kinnan & Marvin, Whole sale Druggists, Toledo, O. Hall's Catarrh Cure is taken Intel nally, acting directly upon the blood and mucous surfaces of the system. Price 75c per bottle. Sold by all druggists. Testimonials free. , Hall's Family Pills are the best. 'ire in the hands of the syndicate. The deposit, which is the only one so :ar located of commercial value in British Columbia, i s on the west arm of Quatsi'no sound, a tract which haa b» m but little explored. The prospectors have now brought samples to the city and have an nounced the character of the find. A go\emment assay gives 53.S jht cent metal. A vein eleven feet thick haa been uncovered for a considerable distance and 1000 feet distant it haa proved to be eight feet thick. But little earth covers it. and it is only half a mile from salt water. In the low ground adjoining bog iron haa been located in considerable quanti ties. Already offers have been made to the locators for the property. Among; those wishing it are mentioned the Seattle Pteel company, with Homer Swaney at its head, which controls other magnetite mines also on the west coast of the island. There is talk of organizing a company to work the mines in the province, and to put ting up a smelter to # utilize the pro duct in connection with the rich mag netite deposits of Vancouver island. 5 J. H. TiMMONS TRANSFER All manner of freight, good 3 and musical instruments handled with | care. All orders ps"f> m Ptly attend led to. Forwarding freight a spec- I ialty. | Office at Watscn's Cigar Stor&. CITY BREWERY WALLA WALLA. WASH. Stahl's Celebrated Beer LEADS ALL OTHERS. DRWK SO OTHER. BOTTLING WORKS IN CONNECTION. MRS. J. H. sTAHL, Prop. Brewery on Stcond St. Phone 22. IT'S WORTH WHILE - - = To you to visit my es tablishment before buying your suit. A. MELLIN The Leading Men's Tailor. i4 l / 2 East riain. In Old Library Building. CIGARS TOBAOOO FRUITS GEO. H. SMITH Prop? 13 |.i South TMrd St. Toledo, Ohio. Livery, Feed and Boarding RUBBER -TIRED CABS. BAGQAQE and EXPRESS. BRYAN BROS. S9COND St BLDER STRBOTS. Phone 31ain AO. The Drumheller Co., Agts. STABLE