THE MOBOTNQ OHBGONIAN, THURSDAY. FEBRUARY 28, 190r.
NO RECORDS WERE KEPT
LITTLE KJfOWX OP FIHEJIEX WHO
ACCEPTED REDUCTIONS.
Sary Information Alont Contracts
Which Members of Department
Signed Years Ago.
The defense of the city in the firemen's
claims suit -was begun yesterday. Mayor
Howe and City Auditor Devlin were In at
tendance at the trial; also ex-Mayor
Sylvester Pennoyer, ex-Auditor A. N.
Gambell, ex-Chief6 of the Fire Depart
ment, Joseph Buchtel and T. B. DeBoest,
ex-Fire Commissioners Theodore Wygant
Paul Wessinger and others.
W. T. Branch, who was City Auditor
during Mayor Mason's first term, testified
to the manner of paying salary warrants
and concerning contracts signed by some
of the firemen to accept less compensation
than provided for by the city charter.
Mr. Branch also Introduced statements
prepared by him showing the sums of
money drawn by each of the claimants,
covering the period In question.
There were 12S contracts, a certain num
ber of them being undated. Plaintiffs'
counsel moved that no evidence be allowed
on these because of their uncertainty.
Counsel said the defense must Introduce
the particular contracts, and secondary
evidence If it became necessary. He un
derstood the slgnautres could not be
proved in some Instances.
Judge Frazer eald: "They may throw
some light on the matter. The City At
torney asserted that all of these men
signed contracts, and some of the con
tracts cannot now be found. If not, the
question is whether the defense cannot
introduce parole evidence." The motion
"was denied.
City Auditor Devlin testified that Fire
Department claims were approved by the
Fire Commissioners, and paid by warrants
drawn on the Fire Department fund. He
introduced a statement showing the bal.
ance or deficit In the fund each month
from January 1. 1S93, to November 1, 1S9S.
Afte'r some discussion the pay-rolls con
tained In the Journal, the copy of a requi
sition, and a blank warrant were admit
ted m evidence with the admission that
the warrants as drawn have been paid.
It was also understood that Mr. "Rmnnh
shall file a tabulated statement showing
the facts contained in the journal.
T. B. Trevett, who served as Fire Com
missioner from 1S87 to 1S94, was called to
testify what wae done by the Commis
sioners regarding contracts, when the pay
of the men was reduced, under which
they were to accept less than the salaries
named in the charter of 1893. He stated
that the contracts were gotten up, but
he had nothing to do with them.
Mr. Long How were the contracts got
ten up?
Plaintiffs' counsel objected, and Mr.
Long answered that he would Drove they
were stolen.
Mr. Gleason You haven't proven the
contracts yet; the witness says he don't
know anything: about then:.
After considerable wrangling between
counsel. Mr. Trevett was permitted to
answer, and eald: "The contract, as I
understood It, was drawn up by Mr. J.
H. Steffen, the president of the board.
Wc had a habit of making the president
do most of the work. I never saw- the
contract, although I heard It was gotten
up. "VVygant and Steffen were both Dem
ocrats, and run the board to suit them
selves." There was some maro trrnTn-Unn- .
tween the attorneys about the admissi
bility of the evidence, and finally Mr.
Gleasop. remarked: "The record will show
!ai .was uone.
fits Attorney Loner T flnn't thnir k
uty should be mulcted because tho hnnH
did not put everything in the record.
Attorney Uleason read the section of the
charter providing that the Board of Fire
Commissioners must keep a record of Its
proceedings.
Judge Sears The opinion of the court
is that where a record was required to
be kept and It was not kept, it would not
Invalidate a contract.
City Attorney Long Mr. Trevett, did
the board have the matter of contracts
up?
Objected to because the record Is the
best evidence.
Mr. Long (becoming exasperated) Very
well, Mr. Branch, will you take the wit
ness stand and read the record from 1893
until 1898.
Judge Sears You can't do that; If it is
there, you must be able to find It.
Mr. Gleason I looked through the rec
ords yesterday and it is not there: the
nearest approach to it is a cummunica
tion from the City Council asking the
commissioners to cut down expenses.
The witness was allowed to answer and
said: "Not at any meeting at which I
was present." Testifying further he said:
"I never undertook to investigate to find
out if contracts were signed or not. I
never had occasion to look It up."
Mr. Gleason I move to strike all of this
evidence out. It don't amount to any
thing. Judge Sears Then why do you want
to strike it out?
Mr. Gleason It makes so much more
work for the reporter in making up the
record.
Theodore Wygant. the next witness
called, testified that he was one of the
Board of Fire Commissioners from 1892
to 1894.
Mr. Long Do 3'ou remember the cir
cumstances attending the changes of sal
aries? "I don't remember the details."
"How was the attempt made to obviate
the law?"
Mr. Gleason I object: how can a law
be obviated or evaded?
Mr. Long What did you do to overcome
the law with reference to making a con
tract with these people?
Mr. Paxton. of plaintiffs' counsel I re
new the objection; the record Is the best
evidence.
Judge Sears Assuming there Is nothing
in the record, the objection Is overruled.
Mr. Paxton I request counsel to make
the question more definite, what "people."
There are some in this list who were not
in the departmtent at that time.
Mr. Long Engines Nos. 1 and what
was done?
"We authorized the City Attorney, pres
ident of the board, and Chief of the Fire
Department to make contracts with the
men to take less."
"What was done with reference to pre
paring contracts?"
"I don't remember, now. I didn't see
the contracts when they were signed.
My recollectiton is it was all arranged
Mr. Steffen. I think, told me."
"Did you continue to keep up the con
tracts?" T don't know; the details were all left
to Mr. Steffen and the Chief."
George L. Curry, who was secretary of
the Board of Fire Commissioners under
Mayor Pennoyer. testified regarding the
128 contracts offered in evidence and
tha he found them in the office 'when
he was there on top of a safe. Another
contract containing a number of names
was missing, and was afterwards sent to
him by mail, by whom he did not know.
This last contract refers to claims re
cently paid under a decision of the Su
preme Court Under the decision of Judge
Shattuck in that case It made no differ
ence whether It was missing or not. as
Judge Shattuck held that the contract
was without consideration and therefore
void.
Paul Wesslnger, one of the members of
Mayor Pennoyers first Board of Fire
Commissioners, testified that he served
but three weeks and attended but two
meetings. The commission took up the
question of fixing salaries uelow the char
ter rate, and agreed to keep the full
force and request the men to accept the
reduction. How that was carried out he
did not know. He did not know anything
about contracts.
Mr. Gleason objected to the testimony
of the witness for the reason that the
records show what was done In fixing
a screduje of salaries by a resolution,
"and which." the attorney took occasion
to remark, "the Supreme Court held
void."
H. H. Holmes, who was secretary of
the Board of Fire Commissioners from
1KM to 1896 testified that he saw a roll
of contracts in the office, but could not
remember the names. He did not recol
lect preparing any contracts during his
term for new men. The contract was
handed to the district engineers to get the
men to sign, and he supposed it was
done.
Decision! Todny.
Judge Bellinger will render decisions in
the following cases this morning at 10
o'clock:
Ames & Harris vs. R. L. Sabln, on de
murrer to bill of complaint
Kaupisch Creamery Company, bankrupt,
on review of order of referee in the mat
ter of claim of G. G. WIckson & Co.
Beaver Coal Company, bankrupt, on re
view of order of referee in the matter of
claim for Sheriff's fee.
at
Promises to Be Drawn Out.
In the United States Court yesterday
C. E. S. Wood and Judge Thomas
O'Day. counsel for complainants, were
still going on with the opening argument
In the case of Altshul et al. vs. the Co-
REV. DR. ARTHUR J. BROWN
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FORMER PORTLAND PASTOR WHO ARRIVES TODAY.
lumbia & Southern Railway Company.
As they had a large tabic covered with
books to quote from, there was no means
of judging when they would be through.
Messrs. Snow and McCamant, counsel for
defendants, were on hand also with a
table full of books, waiting for a chance
to have their say In the case, and as
they are pretty good single-handed talk
ers, the court may be considered as en
gaged for the remainder of the week, and
it Is a question whether the closing argu
ment of complainants' counsel can be con
cluded within the week.
Court Notes.
The John W. Holman will contest case,
recently decided In the County Court has
been appealed to the State Circuit Court
by the contestant
Claude Thayer was appointed adminis
trator of the estate of his mother, Sa
mantha C. Thayer, deceased, valued at
$5000. He Is the only heir.
In the United States Court yesterday
a demurrer to the bill in the case of the
Eagle Bicycle Company vs. Mitchell.
Lewis & Staver was set for hearing on
March 5.
United States District Attorney Hall has
filed complaints in two more cases of the
United States vs. the Southern Pacific
Company, to settle the title to lands lo
cated by settlers, which the Southern Pa
cific claims as indemnity lands. This
makes five cases of this kind in all lately
commenced.
ORGAN RECITAL.
Clarence Eddy In a Prosrrnmmc
Made Up of Unfnmillnr Nnmbcrs.
Clarence Eddy gave an organ recital
at the First Baptist Church last evening
which attracted a fair audience. Mr.
Eddy enjoys the reputation of being one
of the finest organists In this country
and his previous visits here have always
been received with the attention and
discrimination that is due to an artist
of his standing in the musical world.
If his auditors of last evening lacked
warmth and enthusiasm. It was due to
the selection of his programme which,
while undoubtedly arranged to suit his
abilities and technique, was almost en
tirely new and unfamiliar to the general
musical public. It Is true there were one
or two familiar numbers, and these rer
ceived most pronounced recognition.
From an artistic standpoint his playing
was faultless, and his raarvelous manipu
lations of the stops, and his wonderful
use of the pedals showed him to be the
artist In the fullest sense.
The "Allegro cantabllc and toccata"
brought out a wealth of beautiful har
mony and expression, and it was here,
perhaps, that he showed his sympathetic
qualities at his best.
The "Theme. Variations and Finale."
from Louis Thlele. which was reserved
for the last number, was handled in a
masterly manner, and with consummate
skilL If some of the movements may
have seemed blurred, it was possibly due
to the Instrument, rather than to the
organist
Pleasant Home Notes.
The drama entitled. "Millie, the Quad
roon; or Out of Bondage," for the benefit
of the Orient school, will be given at
the G. A. R. Hall, Saturday evening next.
Improvements In the building line are
making In all direction. RobcK Mason
will soon have a bulldlnn- fnr n htintr.
smith shop finished, after which he will
put up a resmence tor nis family. E.
M. Carpenter has bought a lot, and
will have a cottage erected on It at once.
J. L. Chase and Orlando Zeek will 'plat
a portion of their land for town lots and
start a town. County Surveyor Hurlburt
has been engaged to do the surveying.
The prospects for a considerable town at
Pleasant Home are considered good.
TRY GRAIN-O! TRY GRAIN-O!
Ask your Grocer today to show you a pack
age of GRAIN-O. the new food drink that
takes the place of coffee. The children may
drink It without Injury as well as the adult
All who try It. like It GttAIN-0 has that
rich seal brown of Mocha or Java, but It Is
made from pure trains, and the most delicate
stomach receives It without distress. th
price of coffee. 15c and 25c per packare.
Sold by all grocers.
LOOKING FOR NEW ROAD
TACOMA EXPECTS ANOTHER LIXE
TO PORTLAND.
One That Is Xott Tinder Constrnction
From Pn-pet Sound City South
ward May Prove a Link.
Tacoma people are looking confidently
for a new railroad between Portland and
Puget Sound. The activity of Allen C
Mason, who was Mayor of Tacoma and
one of the wealthiest and most prominent
citizens in the boom years of 1SSS-9, Is
the basis of much of that hope. He Is the
head of the Washington &. Oregon Rail
road Company, the concern which Is try
ing to condemn the old grade of the PorU
land & Puget Sound line between Port
land and Kalama. But for whom Maaon
Is acting in this enterprise is as much
a mystery In Tacoma as it is In Port
land. So carefully does he guard the se
crets of his company that he writes all his
Important letters with his own hand and
keeps the copies locked In a safe. A well
informed Portland man ventures the opin
ion that the letters that are so carefully
guarded are addressed to President Mel
len. of the Northern Pacific, and that they
pertain to interests of the Northern Pa-
- srv
clfic Railroad. If this is true it is not,
of course, the purpose of that corporation
to build another railroad between Port
land and Puget Sound, and hopes of any
such result from it are clearely baseless.
Another line that Tacoma citizens are
watching with much- interest is the Ta
coma Eastern, which Is now under con
struction southward from that city. . It
was begun by an energetic 'promoter
named Hart, before the panic of 1S93, but
"he was forced to abandon It after build
ing four or five miles. Fourteen miles of
track on this line have nowbeen laid, and
construction is still going forward, though
there is no announcement of the mileage
to be built this year. The Tacoma East
ern Railroad and Nlsqually Coal Com
pany, which owns valuable coal fields on
the Nlsqually River in the extreme south
ern part of Pierce County, are controlled
by the Ladds. of Portland. Edward Cook
Ingham Is the manager of the railroad.
He says it is a well-built standard
gauge line that is yet merely a logging
road, but is aiming for the Nlsqually coal
field, which Is some 50 miles southeast
ward from Tacoma, and is naturally trib
utary to Puget Sound.
The Columbia Valley line Is now strug
gling for right of way between Vancouver
and Kelso, Wash. From that point It is
apparent a rich country is accessible in
the Upper Cowlitz Valley, and then it
would be but a step over the divide to
Nlsqually to connection with the Tacoma
Eastern. And that would form a through
line to compete with the Northern Pa
cific between Portland and Puget Sound.
It would also give outlet to valuable nat
ural resources, timber and minerals, that
arc only awaiting transportation facil
ities for their development. This would
open the country between the present rail
road line and the Rainier forest reserve.
MELLEN COMING TO PORTLAND.
Says Northern Pacific Has No Inter
est In Washington and Oregon.
TACOMA, Wash., Feb. 27. Prceldent
Charles S. Mellen. Vice-President Hanna
ford and Chief Engineer McHenry. of the
Northern Pacific, arrived In Tacoma to
day on their annual inspection tour. Mr.
Mellen says the company will soon begin
the erection of large wheat warehouses,
coal bunkers and freight sheds on the
east side tide flats, to care for the rapidly
increasing business. Plans have been pre
pared and the contracts will be let as soon
as the land Is filled in. The Northern
Pacific he says, has no interest in the
Washington and Oregon company.
The party will remain here until Friday,
then spend one day at Everett, going
thence to Portland, and returning East
over the Idaho lines.
Wasliout In Dnker County.
BOISE. Idaho. Feb. 27. By the wash
ing out of a bridge on the O. R. &. N.
at Burnt River, traffic on the line Is in
terrupted. The conditions are such that
they cannot transfer, and there will be
no through train until tomorrow evening.
All trains were stopped today, but the
Oregon Short Line Is running specials
east from Huntington.
(The Interruption was not so serious, ap
parently, as the foregoing dispatch would
indicate, for no train was delayed more
than two hours by it. The train due this
morning was only an hour late last night
The bridge was speedily repaired and the
track Is clear.)
Shanlko to Prinevllle by Daylight.
General Passenger Agent Craig, of the
O. R. &. N., has received notice of the
inauguration of a daylight stage service
between Shanlko, the Southern terminus
of the Columbia Southern, and Prine
vllle. The stage leaves Shanlko at 6
A. M. on Mondays, Wednesdays and Fri
days, and leaves Prinevllle on the re
turn trip at 6 A. M. Tuesdays. Thursdays
and Saturdays, getting over the 55 miles
by daylight. The regular stage leaves
every evening at 6 o'clock, as heretofore.
Homeseelcers West Bonad.
OMAHA. Neb.. Feb. 27. The tourist
rates to the Pacific Coast and the North
west on. all roads leading to that country
have been the means of Inducing a great
number of Eastern people to Journey to
ward the Coast. Those who started from
Chicago and Eastern points yesterday ar
rived in Omaha today and for a few
hours the union station waa crowded
f , mwt , j. tu: -eg .&' mti&S&lftft'
n&$W"Tm
with tourists of all nationalities and
classes. The majority of the passengers
are going with the intention of remaining
in the, West, where they hope to find
homes and employment
Railroad Notes.
E. E. Ellis, general agent of the O. R.
& N. at Seattle, was in Portland yester
day. The order has been placed by the Ne-vadaCallfornla-Oreson
Railroad Com
pany for two passenger coaches and two
combination baggage and mall cars.
. J. Buckley, ticket agent of the Erie
Railroad In New York City, is spending
a few days In the city. He is accompa
nied by his nieces. Miss Louise B. Brown
and Miss Elsie W. Johnson, of New York.
Industrial Agent Judson, of the O. R. &
N.. has Just returned from the company's
experiment farm at Walla Walla, and
says all the Fall-sown grain is In excellent
condition.
Harvey E. Lounsbury, traveling freight
agent of the Southern Pacific, Is out again
after a season with typhoid fever, and
for a while he will have the desk of
Charles A. Malboeuf. In the general of
fice, and Malboeuf will take outside work.
He went out yesterday on his first trip
up the valley.
-EAST SIDE NEWS.
Death of J. I.. Shute, a MOer to Cali
forniaNotes. J. L.- Shute, a well-known resident of
the East Side, and a 49er. died at his
home- on the corner of Grand avenue and
East Mill street, yesterday, after a brief
illness. Saturday he was able to be out
ana -seemea in lair health, but he was
taken down Sunday with chills and se
rious complications soon followed. He
had been a resident of Stephens' addition
for something over 30 years, and had be
come an East Side landmark. He was
born August 12, 1E2S, in the East In
1S49 he arrived in California with the
great rush of miners to the Golden State,
here he remained a number of years,
when .he came on to Oregon. After ar
riving In this state he spent several years
in the mines of Idaho, Montana and East
ern Oregon, and then came to Port
land. He bought some land of James B.
Stephens and built the house in which
he died, and also the two-story building
which stands on the corner of East
Sixth and Mill streets. In the early days
of East Portland, Mr. Shute became a
candidate for City Auditor, being elected
by three plurality. After his term of
office expired he retired from politics. He
was a man of Integrity and respected In
the community. His life on this Coast
was full of stirring incidents, but he
rarely could be prevailed on to relate any
of hts experiences. A wife survives him,
but no children. He has a sister. Mrs.
Bolton, In Seattle. The funeral will take
place Sunday afternoon at 2 o'clock from
Dunnlrigs', under the auspices of Wash
ington Lodge, No. 46, A. F. &. A. M.
Death of Peter Stephens.
Peter Stephens, a well-known resident
of Pleasant Home district died Tuesday
at his homo after a lingering Illness of
tumor on the brain. Mr. Stephens made
his home in that neighborhood many
years ago. He moved away for a few
years, but recently returned with his
wife. They had just finished a new house
and moved into it but his health had been
falling ever since he moved back. He
was a brother to Jlles G. Stephens and
the lato Ivan Stephens. He was. 45 years
old. A wife survives him. The funeral
will take place this afternoon from the
Pleasant Home Church under the aus
pices of Camp No. 441, Woodmen of the
World, of which he was a member.
Missionary Meetlnsr.
An all-day home missionary meeting
will be held today at Central Church,
corner of Russell and .KIrby streets, Al
bina. Most Interesting programmes have
been arranged; the morning and after
noon sessions opening respectively at 9:30
and 1:30.
East Side Notes.
John Jacob Kaiser died yesterday at the
Good Samaritan 'Hosnital H sa
years old and a pioneer of Oregon, but
notning couia te learned of his history.
The funeral will take place Sunday.
James W. McKnlght, a. well-known pio
neer, living at 231 East Sixth street, has
been seriously 111 at his home for some
time. A few days ago he had a fall and
since then has been confined to his bed,
but it could not be determined how se
riously Injured. He now seems improv
ing. The. plank roadway on Powell between
East Eleventh and East Twenty-first
streets is so badly broken up as to Be
almost Impassable for loaded wagons. In
front of the Webfoot hose house, be
tween East Eighteenth and East Nine
teenth streets, the plank Is torn up in
places leaving the street In a wretched
condition. The roadway is beyond repair
ing. The Archaeology Society, of Cleone, has
secured a fine elk head, which has been
hung la the hall of the- society as a hat
rack. It is from an elk that
w,s killed near Mount Hood by Charles
Taylor, ot Portland, several years ago
He gave it to H. Stone who kindly loaned
It to the society. It is a fine head with
wide spreading antlers. Several pestles,
sinkers and mineral stones were received!
Dr. Wise, room 514, The Dekum.
DAILY CITY STATISTICS.
Marriage Licenses.
William Scheurer, 34, Emma Harder, 25
Arthur B. Crosier, 22, Kaslah Wiles. 22.
Birth Retarns.
February 14 Girl, to the wife of R. B.
McCaulay, 640 East Eighteenth street
December 30 Boy, to the wife of E. L.
Piellan, Giles avenue.
January 6 Boy. to the wife of Pat J.
McMahon, 430 Harrison street
February 25 Boy, to the wife of David
Hunt- 07 Columbia street
Death Returns.
February 2&-Sarah F. Selbert. 53 years,
1039 Rclmont street paralysis.
February 25-James L. Smith, 63 years,
died at Newberg; septicemia.
February 25 Charles it McKay. 72
years, 63JH Washington street; la grippe.
Contagions Diseases.
Bally Fox, corner East Sixth and East
Caruthers, measles.
Nevlna Woodcock, 25S& Fourteenth
street, measles.
G. Cardwell, Mechanic street, measles.
Theerkel boy. Thirteenth and Burnslde
streets, measles.
Claude Lancaster, 210 East Seventh,
diphtheria.
Paul .Walter, 354 East Harrison, measles.
Charles Giles. 6S East Eighth street;
chicken-pox.
Boy of Mr. Garner. 5 East Twenty
seventh, scarlet fever.
Real Estate Transfers.
Sheriff, for Joseph Slee, to W. E.
Plttlnger, lots 10 and 11, block 51,
Sellwood, February 25 .$200
The Hawthorne estate to Mary Eleanor
Tresham, north half of lots 11 and 12,
block 16. Hawthorne's First Addition,
February 25 . 350
Portland University Land Co. to Jean
nette Webb, lots 1L 12 and 13, block
44, University Park, February 25.... 2S1
Samuel Colson, administrator, to
Charles R.' Secor, lots S, 4 and E,
block 3, P. J. Martin tract October
30, 1000 SO
Sterling Land Co. to the Investors'
Mortgage Security Co., lots 7 and S,
block 2. Doscher's Second Addition,
February 25 j
William H. Dobyns and wife to Vir
ginia E. Dobyns. south half of lot 1JL
block 25, Albina. January 19 500
John Swener to Mary A. Swener. lot
4, block 33, Multnomah, March 16, 1S95 1
P., L. Willis to A. L. McCully, lot 1,
block 4. Central Park, and W. 4 of
NE. and E. of NW. Y. section
34. T. 1 S., R. 2 E., June 27. 1S9S 550
William R. Davis to Amanda M. Per
kins, lots 9 and 10, block 14, Wood-ls-wn.
February 27 72s
t
Miss Ma.ry What can
the
Miss Anna Blair?
You sit here with such a
despair,
Your collar all crumpled,
Your skirt is all torn,
Your hat is un crooked,
You look quite forlorn.
Miss Mary
Josle Michael, Montavllla, Or. No. 22
QUARTZ MILL IN COURT
IT WAS LOCATED ON GOVERNMENT
PROPERTY.
Question Involved Is "Whether Ma
chinery Goes With the Land
Which Was Later Located.
BAKER CITY, Feb. 27. An interesting
legal contest is soon to be heard In the
local courts, involving the property of a
quartz mill located on Government land.
The point Is brought out In a case where
in P. Bascho brings action of replevin to
recover from the California Consolidated
Gold piping & .Milling. Company ppsses
slon of 3. boiler and.some pttfer machinery.'
The history of the case" is "as folldwV:
Henry J. Cable. Johanna and Bessie
'F. Cabell owned the Oregon' and Cali
fornia quartz claims In Cable Cove. One
W. J. Cbnners took a bond on the prop
erty, or rather a conditional sale was
made to him of the mining claims. One
of the conditions was that if, the property
reverted to the original owners because
of failure of Conners to meet payments,
Improvements were to go with the claims,
but the 10-stamp quartz mill which he
agreed to erect was excepted. Instead of
locating the mill on one of the claims. It
was constructed on Government land near
the line, through Ignorance of the exact
boundaries, or purposely. Conners as
signed his Interests to the Gold Star Gold
Mining & Milling Co. This concern be
came Involved and gave Mr. Basche a
mortgage on the mill and machinery.
Later this mortgage was foreclosed, but
before foreclosure proceedings, Henry J.
Cable had taken up the land on which
the mill was situated as a quartz claim,
naming it the Winning Hand. The In
terests of Mr. Cable and Johanna and
Bessie F. Cabell passed to the California
Consolidated Gold Mining & Milling Com
pany. Under these rights the company
moved the boiler from tho Winning Hand
to the Oregon claim, whero a deep cross
cut was started. Action is being brought
to replevin It
Questions Involved.
The questions Involved are whether a
mill left thus on land belonging to the
Government Is realty and passes with the
land, or Is personal property; and also
whether Henry J. Cable's agreement that
the quartz mill should not pass with the
claims should they revert to the original
owners, estops him or his assigns from
taking possession now. The argument
made In the court yesterday by Attor
neys J. L. Rand and N. K. Richards was
to the effect that the California com
pany now owns the boiler and can pos
sess it, while Attorneys W. F. Butcher
and F. L. Moore held that the real prop
erty right rested In Mr. Basche and he Is
entitled to possession. A motion made
to strike out portions of the reply was
denied, and Judge Clifford deemed the
matter contained evidence for a jury.
The case will be heard on other portions
of the reply before going to trial.
I3IFORTANT DECISION.
Interpretation at Baker City of
Smith Mining Lavr.
BAKER CITY. Feb. 26. In the case of
Balsley vs. Glffin, now pending in the
Circuit Court, Judge, Clifford yesterday
made a ruling that will be of Interest to
miners, as It Is one of the first interpre
tations of certatn features of the Smith
mining law now governing all mining
litigation in the state. The method of
proceeding in case of ejection was the
point. The Smith law repealed all form
er provisions, requiring such measures to
originate In a Justice Court
It was undecided whether the new
method of procedure applied only to such
cases as originated from claims located
under the Smith law, or also applied to
claims located previous to enactment of
this law. At first Judge Clifford was dis
posed to think the new procedure aid
not apply to any claims located before
the present law took effect, but after
studying thp amendment passed In 1S99.
concluded differently. Under the first
Smith law passed. It was provided that
"all claims located In such manner"
should be litigated according to the new
provisions. The reference "In such man
ner" contemplated only quartz claims,
and as the old laws had been repealed,
placer claims were left In the air. For
tunately Senator Smith discovered this
deficiency before the matter was brought
out In courts, and hastened the amend
ment at the 1S99 session of the Legisla
ture, which reads, "all mining claims,
quartz or placer."
Judge Clifford thought by the first law
It was Intended to have only such ques
tions as arose from locations made un
der the new law tried according to the
now provisions, but when the amendment
Mfr
Anna
wild look of
You'd have saved money, this worry and pain,
And blest Merrill over and over again.
for competition.
44444444444
specified "all," he concluded the meas
ure was Intended to be sweeping. He also
concluded that ex post facto objections
did not apply against invoking the new
provisions In cases n-'slng from claims
located before the enament of the pres
ent law, as the new law merely related
to procedure and did not affect the rights
or Interests of the possessor.
RICH GOLD FIND.
Pocket in Soathern Oregon Which
Yielded Over $400.
GRANT'S PASS, Or., Feb. 27. Schrimpf
brothers were in town yesterday from
their claim on the Applegate River, and
brought with them the results of a recent
ly discovered pocket, which yielded over
$400. Mr. Schrimpf picked out $50 in nug
gets With the DOlnt of his pandl-;t!rlr
1 and carried out two pans of dirt which
j yielded over $K0. This is the fourth
Ipocketfhey have.,found this winter.
" - ' '
Qnotatlons of .Mining; Stocks.
SPOKANE. Feb. 27. The closing' quotations
ior miniajr stocks today were:
Bid. Ask. I
Amer. Boy ..10 11 Mtn. Lion .
Blacktall ....10 lOhlMorn. Glory
Bid. Ask.
.21
20
.. 7
7J4
.. Ik
7v;
2U
31
30
40
22
xuuc oc .dob., ivi iWJiorrison ...
Crystal 3S
Conjecture .. 3i
Deer Trail ... 2t
Dewey 2V
Evening Star. b
Gold Ledge... 2
I. X. L 18
Iron Mask ...35
L. P. Surp... 794
IfcilPrln. Maud.
4 iQullo
.28
3 lllamb. Car ....20
3 (Republic 40
7'HiBeservatlon .. 2K
2UIRos. fJlant .. aiT
d'.fc
-uisuuivan ..
41 (Tom Thumb
71 Waterloo ..
SAN FRANCISCO. Feb. 27. The official clos
ing quotations for mining stocks today were:
Alta JO 02
Mexican
Alpha Con
2 Occidental Con
Andes
Belcher
Best & Belcher...
Bullion
Caledonia
Challenge Con ...
Chollar
Confidence
Con. Cal. & Va...
Crown Point ....
Gould & Curry...
Hale & Norcroas.
Justice
1 Ophlr 75
12 Overman 12
21 Potoet 15
- Queen 2
61 Savage 12
17 Seg. Belcher 1
8 Sierra Nevada ... 30
70 Silver Hill 48
1 "OjStnndard 4 05
UlUnlon Con 22
20 Utah Con 6
10 Yellow Jacket .... 10
NEW YORK. Feb. 27. Mining stocks today
closed as follows: v
Adams Con $0 20L,Ittle Chief SO 14
Alice 40 Ontario 725
Breece 1 40 Ophlr 7o
Brunswick Con... 27 Phoenix 8
Comstock Tunnel. 5 PotosI 12
Con. Cal. & Va... 1 50Savage 10
Dead wood Terra.. SOiSIerra Nevada ... 25
Horn Silver 1 ISlSmall Hopes 65
Iron Silver 05 Standard 4 20
LeadvUle Con .... C
BOSTON. Feb. 27.
Adventure S 13
Blng. M. Co.... 21
Amal. Copper.. 01
Atlantic 35
Boston & Mont. 327
Butte & Boston 84
Cal. & Hecla... 85
Centennial .... 2tl
Franklin 24
Closing quotations:
75IHumboldt $ 37 50
OOiOsceola 88 00
S7iParrott 50 00
OOQuIncy 170 00
50Santa Fe Cop... 7 75
OOITamarack 333 00
ixVtah Mining ... 3 75
37VInona 7 00
OOjWolverines .... 55 75
Maccabees 'Anxlllary Open 3Ieetinj?.
The public meeting given Tuesday night
by Maccabec Auxiliary Lodge, No. 5. L
O. B. B was well attended. A well
prepared programme was rendered.
"Purlm," by Jacob Rein, and a recitation
by William Ballacoskle' were very ably
given. The debate was on the question,
"Resolved, That a constitutional amend
ment be secured by which United States
Senators would be elected by the direct
vote of the people." The affirmative was
supported by David N. Mosessohn and
Abe Friedman; the negative by Jacob
Lautcrstein and Louis W. Buchner. The
Judges were Messrs. Otto J. Kraemer,
Rosenthal, Gevurtz, Ostraw and Shaplrer,
who rendered the decision in favor of
the affirmative. The debate was followed
by a lecture by Rev. Dr. Stephen S.
Wise, entitled, "A Jewish Martyr of the
Second Century; Judea's Last Uprising
Against Rome." The programme con
cluded with a musical selection on the
piano by Louis Buchner. The hall was
crowded and the meeting proved an un
doubted success.
Mr. Fnlton Explains.
ASTORIA, Or., Feb. 27. (To the Editor.)
In The Oregonlan of this date under
the title of "Mr. Fulton's Strange Mis
take," one Mr. "A." takes me to task for
an alleged statement of mine at the ban
quest last Monday evening. Doubtless
everybody, excepting Mr. "A.," knew,
when they read the account to which he
refers, that aon error in printing or re
porting had been made. However limited
my knowledge of the political history of
our state may be. In view of the fact that
I was a member of the Legislature of 1878
it is not likely that I would assert that
I then assisted In the election of Mr. Nes
mlth. When I read the published account
of the banquet and the reference ot my
remarks, I assumed that everybody would
know that either the printer or the re
porter hadunade a mistake, and therefore
I did not give the matter a second
thought; but at that itme I was not aware
that Mr. "A." had arrived In Oregon,
otherwise I should have lost no time in
submitting a fujl and complete explana-
$ !
t
t
What can the matter be I
how can you ask?
My wheel there all broken,
And a twist in my back. '
Dear me, what luck if I'd taken ad
vice, And bought me a Rambler as you did
last night.
fr444
tlon. accompanied by maps and detail
drawings.
What I really said on the occasion re
ferred to was that in 1S7S, being a mem
ber of the Legislature an dthe Republi
cans being In the minority, and Mr. Nes
mlth being, among others', discussed as
a candidate, I went to some of his sup
porters and assured them thai Mr. Nes
mlth could have my vote whenever It
would aid him. That Is all I said. I did
not explain that Mr. Slater was nominated
by the Democratic caucus, and that con
sequently Mr. Nesamlth's name did not
come before the Joint assembly, for I as
sumed that everybody knew that But I
have learned that It Is very rash, in
deed, to assume that everybody, Mr.
"A." included, knows anything.
C. W. FULTON.
MOUSE IK A MEAL TUB
Jlo More Premiums on Street 'Im-'
jproViement Bonds.
The Bancroft bonding act was brought
up In the late Legislature for- the amend
ment of a defect whereby the taxpayers
were required to pay the Interest on
money borrowed by property-owners wno
bonded their property for street or sewer
Improvements. The amendment was
made, but while the bill was before the
Legislature some one thought further to
Improve it, and it seems overdid the
business. In section 4 of the amended
bill there was Inserted the following:
Provided, the right to take up and cancel
uch bond or bonds, upon the payment of tha
face value thereof, with accrued Interest, to
the date of payment, at any seml-annnal
coupon period at or after one year from the
date of such bond or bonds, shall be, and
hereby la. vested In the city Issuing such bond
or bonds. Notice stating that certain bonds
are to be taken up and canceled as aforesaid,
and that Interest thereon shall cease at tho
Interest payment period next following, shall
be published In a. newspaper printed and pub
lished and of general circulation in the county
where such bonds are Issued, not less than
twice during the month preceding said semi
annual period, and after said semi-annual
period Interest upon tha bonds designated In
such notice shall cease.
The city has been receiving a premium
on these bonds seven per cent on the
last lot, and sometimes more. The new
amendment makes the bond3 "call" bonds
on which no one is likely to offer a
premium. It was gotten through in the
interest of some one, but not in the in
terest of the city.
Whnt the Tariff Does.
Chicago Chronicle.
It Is no secret that the Carnegie com
pany Is charging $26 a ton for steel rails
at Pittsburg when the rails are purchased
for use In this country', but is delivering
the same rails at the seaboard for ex
port for $23 a ton. Our tariff enables the
Carnegie Company to make this dis
crimination. It Is no longer necessary to take blue
pills to rouse the liver to action. Carter's
Little Liver Pills are much better. Don't
forget this.
NOTHING EQUALS IT.
For the Cnre of Catarrh.
A physician, now retired from practice,
but who still keeps abreast of the times.
in speaking of the advance made in medlr
cine in the last 10 years, says:
"One of the most obstinate and bafflir
diseases Is the very common trouble, ca
tarrh. "Nasal catarrh Is only one of its many
forms; catarrh of the throat, catarrh of
the stomach, bowels, liver and bladder are
very common, but the sufferer usually
thinks it Is something else than catarrh
and Is treated for the wrong disease.
"The best and most successful treatment
for any form of catarrh Is now admitted
to be by internal remedies through the
stomach and the safest and probably the
most efllclent is In the tablet form, sold
by druggists as Stuart's Catarrh Tab
lets. "I have seen many remarkable cures of
catarrh resulting from regular dally use
of these tablets, which seem to act on
the blood and liver, driving the catarrhal
poison out of the system through the
natural channels.
"I once had occasion to analyze these
tablets and found them to contain no co
caine nor opiates, but simply a combina
tion of harmless antiseptics like euca
lyptal. gualacol, blood root, etc.
'At any rate I have known of severe
catarrhal headaches which were cured by
Stuart's Catarrh Tablets, and catarrhal
deafness, hay fever, asthma and catarrh of
the throat and stomach speedily show
great benefit after a few days use of the
remedy and when It Is remembered how
much more convenient a tablet Is than In
halers, douches, salves and powders, it Is
not surprising that this new preparation
should so rapidly supnlant all other reme
dies for catarrh."
A