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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 26, 1901)
TFE MOKNIN'0 OREOONIAN, TUESDAY, MAflCH 26, 1901. POINTS TO GREEN Evidence in the Hood River Assassination. VERDICT OF CORONER'S JURY Testimony Proved a Double Tragedy Wa Narroivly Averted Diligent '- Search. o -Officer lor Snnpect . Unrewarded.' SOOD RIVER, March 25. Develop ments in yesterday morning's cold-blooded murder of Edson V. Benjamin, at the "Wcndorf ranch, near Underwood's Land ing, "Wash-, seem to point conclusively to the guilt of James Green, a logger of that Vicinity. Green has been suspected of ithe murder from the start. Both his previous and subsequent acts seem to uhow the correctness of this theory. Be fore the murder Green made repeated threats on Benjamin's life. Since Its com- mission, although living only half a mile J away irom tne scene, he has not been found. Sheriff Totton and his posse have made an active search for him. The Cor oner's Jury, after hearing the testimony of eye-witnesses of the shooting and Ben jamin's death, brought in a verdict late last evening that death came as the result of a gunshot wound inflicted by an un known individual, but that "all evidence points to James Green as the guilty party." Double Tragedy Jfarroxvly Averted. The fact that only by the splitting of the assassin's bullctwas a double tragedy averted is regarded as another scrap of evidence against Green. Mrs. Nellie Brown, daughter of Ed Underwood, sat next to Benjamin at the midnight sup per in direct line with the shot. "When It -was fired, the bullet entered Benjamin's head over the left ear, and on emerging from the heavy right cheek bone split in two. One of the flying pieces was imbed ded in Mrs. Brown's arm. By this It is evident that she was also marked as an object for assassination. Green has often threatened her life, and has been in sanely Jealous of any attentions paid her, however innocent and friendly. "Within three months he was engaged to be mar ried to her. They quarreled. The en gagement was broken off. Since that time Green has repeatedly said: "I have nothing to live for now. I will Mil myself, but some one else will go first." Benjamin had often been the object of Green's threats. The dead man was charged by Green with being responsible for the loss of the affection of Mrs. Brown, who is hardly more than a girl, although divorced from a previous mar riage. Green is said to have made the asser tion that Benjamin, who was a married man, and on friendly terms with the Un derwood family and the daughter, Mrs. Brown, broke off Green's engagement with Mrs. Brown by "lying talk." In his ire against Benjamin he included all the Matter's friends, and all who paid any friendly attentions to Mrs. Brown. Xew Fact at the Incident. ?Two incidents brought out at the Coro ner's inquest illustrate Green's jealous pursuit of Benjamin and his former lover. Abe Ames, -who was present at the "Wen tlorf dance, testified as follows: '"The night of the dance, going from the house to the barn, I heard a man tj warning away irom tne corner 01 mc house, about 100 feet away, l couldn't see -who it was, nor whether he had a gun. Five minutes later I heard the shot." "Did you suspect who it was?" "I suspected Jim Green. Two months ago he came to the logging camp and marched Benjamin down the hill at the point of a rifle, saying he was going to finish him. I ran after them with Ed Thornton. We followed until we came up with them. Benjamin had talked Green out of his murderous intentions on the way dqwn the road. Going back, Ben jamin said he felt lucky to be walking unharmed with us; that people had been telling Green things which were not true, and that they had compromised and were as good friends as ever. Benjamin was cool. On the -way down, he said Green had fallen and dropped his rifle. He had given Green his hand and helped him tip." The second incident was at a dance at a neighbor's, Koontz's. Green had been drinking, according to the testimony, and raised a disturbance. As to the early part of the evening, William Underwood testified: "Green called me out and asked wheth er I had anything against him. I told him no, but that he was wrong In rolng after Benjamin. He said I would have done the same thing if I knew the facts. He said Benjamin had talked about him, and if he had, it was all off with the lat ter. Later in the evening, when the log Sing men had gone home Green broke into the house as the last set was being danced, and attempted to strike Mrs. Brown with a heavy slung-shot." Sirs. Brown's Story. Mrs. Nellie Brown gave the following details of the murder and the suspicions ehe holds against Green: "We were discussing the cake when the report came, filling the room with smoke. I was sitting next to Mr. Benjamin, saw him reel and fall. I then ran into a cor ner and called, 'Blow out the lights to prevent him from shooting the rest of us. I afterwards blew them out. The bullet struck me in the shoulder. I suspect Jim Green. He threatened to take the life of Benjamin two months ago. He also threatened my life, and last Thursday said he would kill himself, only some one else would go first. He has repeated ly threatened my life." Mrs. Brown said, in an interview: "Since our engagement has been broken Green has been madly jealous. We had quarreled and agreed to part. He was not satisfied with that, and wanted to renew our engagement. That I would not do. Since that time he has been Jealous of any one that spoke to me. Mr. Ben Jamiri was an old friend of ours, and was present at the dance given by Mr. Wen dorf to a party of neighbors. Green was not Invited, and I suppose was Jealous." Senrch "Was Dilatory. Had the search for Green not been con ducted in such a half-hearted manner he would probablv be In nrlson. 7mmHit. ly after the eye-witnesses had recovered from their terror at the cold-blooded, brutal murder, messengers were sent for Constable William Woods and Justice of thePeaceA. J. Haynes. When they arrived there was a quibble as to their powers. Justice Haynes at first started to hold the Inquiry, then ceased, saying: "I can't hold this Inquiry. I am a witness." Constable Woods objected, but the Jus tice maintained his decision. The body was not touched until daylight, and no warrant was issued for the suspected murderer. Then messages were sent to Sheriff Totton, Prosecuting Attorney Moor and JusUce of the Peace Grinder, of Stevenson. Green Leaves for Brash. The morning of the murder. Green re turned to the house of Ben Beals, where he has been living for several weeks. He .packed up Jxis blankets, took -a. .supply of food and left for the brush. He was seen yesterday after the murder and in formed of it. He said: "Well, I suppose now they will hold this -up against me." Late yesterday afternoon Sheriff Totton and his posse arrived. In the evening they went to the Beals ranch and sur rounded the house. Green was not there. Beals asked the men inside, then took a lantern and went to the barn. He is re ported to have said: "For God's sake, boys, don't follow me. It isn't safe. Stay there." He went to his barn, and on his return said: "If you fellows don't follow Green tonight I am satisfied that he will give himself up this morning." Green is sup posed to have been in the barn or the vicinity at that time. In the search to day no trace of the fugitive was found. Although refusing to act because he was a witness. Justice Haynes' testimony was unimportant, save In one particular, that Green had called at his house the night of the murder about 10 P. M. in a. drunken condition. By the residents in the vicin ity of Underwood's Landing an unsup ported rumor is held that Green called at the Haynes ranch half a mile from Wendorfs after the murder and made severe threats to Mrs. Haynes in case her husband took action against him. By this means the local machinery of the law was completely blocked, and the suspect managed to escape. Sheriff Totton. Constable Woods and Deputy Tyrell are conducting the search. UXKXOWW MAX MURDERED. Body Discovered Alongside Railroad Track Near The Dalles. THE DALLES, Or., March 25. The body of an unknown man was found alongside the O. R. & N. Railroad track, near Sum mit, seven miles west of here yesterday afternoon. The discovery was made by a section hand. The body was lying face downward and was partially covered with a blanket. ' This gave rise to the be- CONNECTED WITH HOOD RIVER TRAGEDY. James Green. lief that the man had met his death by sleeping on or too near the track. Coroner Butts was notified and brought the body to this place late last night. At the Inquest held today the fact was dis closed that a bullet which entered at the right eye and lodged in the brain was the cause of death. Fifteen dollars in coin, a watch and pistol were found on the body. The pistol was carefully wrapped in a cloth and wedged tightly into a pocket, which proves that It was not a case of self-destruction. Death must have been Instantaneous. The body Is lying at the city morgue as yet unidenti fied. The clothing Is that of a working man, consisting of overalls, jumper and high-laced logger's boots. Held for Cattle-IClllInpr. VALE, Or., March 25. Sam Winchester and Harry HInton, of Westfall, were brought here yesterday from Ontario, where they were tried In the Justice Court for killing a 3-year-old steer belonging to the Pacific Livestock Company. They are held in $200 bonds to await the action of the Circuit Court. It seems that Man ager Kllburn. of the livestock company, was Informed that the animal had been killed, and was directed to the spot where the hide had been buried. When the hide was dug up, it was found that the part containing the brand had been cut out. Winchester was arrested and taken to Ontario .for trial. Harry HInton was one of the witnesses, but the evidence Impli cated him, and he was put under arrest as a party to the crime. SUED FOR CARELESS SHOOTING. Man "Who "Was Taken for "Wildcat Aslcs Damages. SALEM, Or., March 23. Thomas Gra ham, of this city, today began an ac tion in the Polk County Circuit Court against Webb Lewis, to recover $3214 damatres. Some time a fro Graham was hunting in Polk County, and while up in a tree was shot by Lewis, who asserts that he took his victim for a wildcat. Graham was perforated by 2S buckshot, fell 30 feet to the ground, was uncon scious for 24 hours, and has but recently recovered. Attorney L. H. McMahan, counsel for Graham, says It is the in tention to make an example of one of those who "didn't know It was loaded" and "thought he was a deer." Lewis is a well-to-do farmer. It Is announced that the plans for the new 145,000 buildings at Chcmawa Indian School will soon be complete, and the structures erected this Summer. "Llmpy" Jim, a Salem Chinese, well known for his peculiarities, died today of consumption. The building committee of the Salem Young Men's Christian Association held a business meeting tonight, and decided to call for sealed bids for a vacant lot or a lot with a building on It, in the busi ness part of town. It is thought that perhapB a suitable building may be of fered, and that it will not be necessary to erect one. SAID ANGELS "WOULD PROVIDE. Father Leaves Children They Are Sent to Aid Societies. ALBANY. March 25. Mildred Flower and Al Ross, daughter and stepson of J. W. Flower, of this place, aged 13 and 9 years, today were ordered sent to the Boys' and Girls' Home at Portland by County Judge Palmer, and were taken there this r.f tcrnoon by .Sheriff McHargue. Two other children of Mr. Flower were sent to the Albany Orphans' Home. The case is a oecullar one. The mother died some time ago. Several weeks ago the father, a carpenter, who had been at work on an rk preparatory to the world being drowned a steend time, went off to work, leaving ihc children without any one to care for thern. telling them that the an gels would look . at f r them. They were c-iretl for by neighbors until the authori ties were r.otlned of tht situation. GAS IN POLK COUNTY. Large Body of Land Bonded and De velopment Probable. DALLAS, Or., March 25. A good flow of natural gas has been struck by Seth RIggs, of the Rlggs neighborhood, a large body of land near Crowley, 10 miles from here, and wholesale boring is prob able. The Polk County Sunday School Asso ciation will meet here Saturday. Cold rains for the past few days have retarded seeding, but are considered a great benefit to fruit trees. Goat shearing In Polk County has been completed. Sheared animals suffer much from the cold Tains which have prevailed for the last few days, and it is expected that a number of kids will b lort. RAILROAD WINS ITS SUIT JACKSON COUNTY ASSESSMENT CUT BY SUPREME COURT. New Valne "Will Be Placed on Prop erty "Where Officials Act Arbi trarily Other Decisions. SALEM. Or., March 25. The Supreme Court today modified the decision of the Circuit Court for Jackson County in the suit of the Oregon & California Railroad Company and the Southern Pacific Com pany against Jackson County. In the suit on the whole the Southern Pacific is victorious, but the decision of the Su preme Court is not as favorable to the company as was that of the Circuit Court. The costs of the appeal, which will be large, are taxed to the company. The suit was brought by the plaintiffs to enjoin the collection of certain taxes attempted to be levied upon the roadbed and lands of the Oregon & California Railroad Company. It was charged that the Assessor, G. A. Jackson, fraudulently assessed the property at an arbitrary and excessive rate, and that later, when he had become County Clerk, he and County Judge Crowell, as a majority of the Coun ty Board of Equalization, fraudulently sustained the assessment. The suit was tried before Judge H. K. Hanna, and re sulted in a decree reducing the assess ment. The counts having appealed, the Supreme Court, in a lengthy opinion by Judge C. E. Wolverton, modifies the de cree so as to raise the assessment some what higher than was fixed by the Cir cuit Court. The decision, coming Just at the time when Assessors are beginning Mrs. Nellie Brown. their year's work, will be of great public value. History of Case. It appears that Jackson was elected As sessor of Jackson County in 1S94, and in June. 1SD6, was elected County Clerk. Af ter his election as Clerk and before his term of office began, he assessed the property of the Southern Pacific then re signed and took the office of County Clerk, by virtue of which office he was a mem ber of the County Board of Equalization and sat In Judgment on his own work as Assessor. He had assessed no other prop erty than that of the Southern Pacific Company, leaving all other property to his successor. His assessment Was as follows: 371.044.12 acres Congressional land. ..$348,661 S7.794.56 acres indemnity land 172.24S 12.504.05 acres contract land 39.01D G5.2S miles roadbed and franchise.... 652.S00 The roadbed and franchise were assessed at $10,000 per mile. The Southern Pacific Company asked the County Board of Equalization to reduce the assessment to J3GO0 per mile on roadbed, and to 35 cents per acre on Congressional and indemnity land, which request was denied. The board struck out the word "franchise," how ever. Before the taxes became delinquent the company paid the amount assessed against Its rolling stock, depots, depot grounds, Improvements and. contract lands, and also paid upon Its railroad bed at the rate of J3300 per mile, and upon Its Congressional and Indemnity lands at 35 cents per acre. The county having begun proceedings to collect the remainder, suit was brought for an in junction. A demurrer to the complaint was overruled, an answer filed, the cause tried, and a decree rendered assessing the roadbed at $4500 per mile and the land at 50 cents per acre, from which the county appealed. The principal questions in the Supreme Court were whether a suit of this kind can be brought, and, if so, whether the complaint is sufficient. The contention of the county was that the company could not enjoin the collection of the tax by a suit. The opinion says: Unjust Assessments Not to Be Upheld "It is a rule of equity jurisprudence that a suit will not be entertained to enjoin the collection of a tax upon the sole ground that It is excessive or illegal. Sp it Is that courts of equity will not use the injunctive process to restrain revenue of ficers In the collection of taxes simply be cause the property of a citizen may have been Irregularly or illegally assessed, un less it be to protect his rights where he is afforded no adequate remedy at law. But there exists another rule, equally well authenticated, that, where officers with whom is lodged the duty of making and equalizing assessments act fraudulently or capriciously in the discharge of that duty, with the purpose of casting a pub lic burden unequally upon certain property-owners, or class of such owners, con trary to the spirit and purpose of the law, equity will Interpose to prevent the consummation of the fraud, and to that end will enjoin the collection of a tax based upon such fraudulent assessment, to the extent, at least, that it may ap pear unequal and unjust. ... "It must be conceded that Assessors, in fixing valuations and making assess ments, and boards of equalization, sitting in review of their work, act In a Judicial capacity, or in the exercise of a judicial function, and when the roll is made up It stands In the nature of a Judgment: hence their findings and judgments are not sub. Ject to review or revision, except in the manner pointed out by law, nor can they be disturbed or annulled except when they proceed arbitrarily and In willful disregard of the law Intended for their guidance and control, with the evident purpose of im posing unequal burdens upon certain of the taxpayers. . . . Measured by this understanding of the law, the complaint must be held sufficient. ... Getting: at Values. "We come now to the manner of as sessing plaintiff's property. . . . Coun sel differ widelv as it concerns the proper method of determining the' value of the real property of the plaintiff, namely, the 'roadbed,' as it is termed In the roll, the depots and buildings appertaining thereto. Including the lands upon which they are situated, and the lands granted by Con gress and In old of construction. . . . The 'roadbed and franchise' were assessed as the property of the Oregon & Cali fornia Railroad Company, but the term franchise was stricken out by the Board of Equalization. There was, however, no reduction In the valuation on that account. Real estate, or land, is required to be as sessed at its true cash value, 'which shall be held and taken to mean the amount such property would sell for at a volun tary sale made In the ordinary course of business. A railroad, considered In a commercial sense, differs widely from other property. Sales and transfers are so infrequent and unusual, except for the purpose of reorganization, that a current value cannot be said to attach to it." After citing numerous authorities, the opinion continues: "In determining, therefore, the value of a railroad, which may be said to have no current value, several elements must be taken into consideration, namely, the cost of construction, the cost of replacement, its connections with roads and advantages In a commercial way for commanding the commercial trade, its rental value, its net earnings, and the market value of Its stocks and bonds." The opinion reviews the testimony showing that In 1895 the county board re duced the aesessment on roadbed and rolling stock to 33,267, and that the esti mates of a number of otner County As sessors placed the value of the roadbed and rolling stock at from $3500 to $6000 per mile. Jackson, In an affidavit made for the purpose of vacating the preliminary Injunction, stated that he took into con sideration the fact that the company had borrowed $."0,000 per mile on its road and had since made valuable Improvements thereon; that the eame line In California Is assessed at $17,500 per mile; that the board did not consider earnings as a basis of assessment, and that Manager Kochler admitted that It woula cost $20,000 per mile to rebuild the road. It was shown, however, that the California valuation Is an average of the whole line, much of which lies In a thickly settled country, where all property Is of great value, and where the earnings are much greater. The opinion then says: Other Property Not on Same Footlngr. "At any rate, the standard of compari son of one road with another lying in a different state, for the ascertainment of values for assessment purposes, is unsafe and unsatisfactory. It is in evidence also that the mileage rate of assessment of the roadbed of the railroads within this state, in other counties, from 1S91 to 1S96, ranges from $2000 on branch lines to $5500 on main lnet nno of the Oregon & California system from $2000 to $4500 per mile. It may be safely affirmed that real property, other than that belonging to the railroad company, was assessed in Jackson County in 1S9S at about 50 per cent of its real cash value. . . . It is a matter of which the court may almost take judicial cognizance that the assess ing officers have been valuing real prop erty at a very large percentage below its real cash value, and the practice In Jack eon County Is by no means an exception to the prevailing rule. If all real prop erty was attested at the same ratio of value, tlierr could be no Inequality. If one class of real property, however, is as sessed o a percentage valuation higher than nnt).-(ier, it needs no argument to demonstrate that it would be Inimical to the constitutional requirements of uni formity." The court says that it Is plain that Jack son made his assessment with the intent of setting a preconceived and arbitrary value upon the roadbed and Congressional and Indemnity lands of the company, and that the assessment was capriciously made in -he flnrt Instance. It Is also eald that the cvldcrce tends to show that the county board adhered to this overesti mate by design. Rate of One-Half of "Warth Fixed. The opinlm r.:ates that a computation upon the b-tsis of earnings shows the road to be worth on an average $11,133 per mile, which should be reduced 50 per cent, to correspond with other property, making the mileage value $55C6. This, however, Includes rolling stock, depots,, etc, which are estimated at $102S per mile, and should be deducted. The bonded indebtedness Is $29,040 per mile, which, at market value, would be $21,780 per mile, but this Is secured not only by the railroad, but also by the land grant and guaranty of the Southern Pacific Company. This value reduced 50 per cent would be $10,890. The evidence as to the value of the lands is reviewed, .ind the opinion says: "It is not the province of this court to make assessments of property in the first Instance, or to revise such as are made and equalized by the lawfully constituted boards; but. when It If. confronted with the condition that an "assessment and equalization have been arbitrarily and ca priciously made, it must ascertain and de termine, as nearly as practicable,, the ap propriate value at which such property should be assessed, so as to require that Justice be done the parties Involved. The estimate of the value of the roadbed placed upon It by the court below at $4500 per mile appears to be fair and equitable, considering the earning, capacity of the road and the rate at which other property in the county Is assessed. This estimate, under the circumstances and conditions, seems to be the best to which resort can be had. And as it concerns the Con gressional and indemnity lands, we are inclined to adopt. In the main, the assess ment made by Woolrldge and Hoffman (In 1S93 and 1K94), and the rate fixed by the Board of Equalization, sitting prior to the one whose action Is Involved, as the most reliable and trustworthy. We conclude, therefore, that those lands should be valued at 75 cents per acre as a whole." The decree is that, upon the company's paying the taxes on these valuations, the injunction be made perpetual. L. X. Browning, respondent, vs. L. A. Lewis and W. H. Hampton, appellants, from Josephine County, H. K. Hanna, Judge, affirmed. Opinion by Justice Moore. In this case the olalntlff secured In tho court below an injunction restraining the defendants from interfering with his right to use 180 inches of watei from Grave Creek for mining purposes. The Injunc tion Is made perpetual. S. A. Miles, respondent, vs. North Pa-1 cltlc Lumber Company, appellant, from Multnomah County, Alfred F. Sears, Judge; affirmed. Opinion by Wolverton, J. This suit was brought to recover damages for the conversion of a quantity of logs. The plaintiff prevailed In the Circuit Court, and again In the Supreme Court. D. R. Hawkins, respondent and cross appellant, vs. Citizens Real Estate &. Investment Company ct al., defendants, and George S. Clark, appellant and cross respondent, and A. S. Nichols, C. L. Nichols and W. A. Gordon, appellants, from Multnomah County, John B. Cleland, Judge; affirmed. Opinion by Chief Jus tice Bean. This was a suit by a judgment creditor of an Insolvent corporation to reach and subject to the payment of his judgment unpaid balances on the shares of stock of the company, subscribed for by the de fendants. The plaintiff prevailed In the lower court, and no error being found, the decree is affirmed. J. T. Mayes, appellant, vs. R. L. Steph ens, respondent, from Douglas County, J. W. Hamilton. Judge; on petition for rehearing. Opinion by Justice Moore; pe tition denied. MAKE IT A RED-LETTER DAY. Superintendent Ackerman's Arbor Day Sustention to Teachers. SALEM, March 25. Superintendent of Public Instruction Ackerman has Issued a programme for Arbor day, which occurs April 12. The programme Is a neat 16 page pamphlet, full of new verses and essays appropriate to the occasion. On the introductory page Superintendent Ackerman has an address to the teach ers, in which he makes the following timely remarks: "This little manual Is designed o fur nish suggestive material for the appro priate observance of Arbor day, and also to call your attention to the advisability, and even the necessity, of awakening an interest on the part of parents and pupils In the importance of beautifying the sur rounding of our schools and homes. "As one goes from place to place, he Is Impressed with the fact that many a school and many a home could be made more inviting by clearing the yard of rub bish and debris, by repairing a fence, by planting a shrub, vine or flower. In most instances, these things can be done with ?ttBfiJMt8SSMtt3Kittfc8tlWMfafcHTitty'f:Tt '' -- .i.tt i.r. . iitw-T &- V.W.ti J4PH& l I now jict i wf 'jfe 1 iWt I oiis mtt About sixty? And yet probably you are not a day over forty! At this time of life gray hair adds twenty years to the looks. What jts to be done ? Just use Ayer's Hair Vigor, that's all. 'Twill bring back the old, dark color to your gray hair every time, all the dark, rich color your hair used to have. It isn't a dye, something that sud denly changes your hair; but it's a hair food, something that gradually but surely brings back the old color. Ayer's Hair Vigor also' stops falling of the hair, and keeps the scalp healthy. " I have used Ayer's Hair Vigor for over thirty years and con testify to its wonderful merit. It has kept the scalp free from dandruff and the hair soft and glossy and has prevented it from turning gray." Mrs. F. A. Soule, Billings, Mont. One dollar a bottle. All druggists. SEND FOR OUR. WM'jW'B'isrMgiiirgwHwiLiwii'agwaK 25iaxi - tarJi.ni - little outlay of time and money. The question Is, 'Why are they not done?' "The answer must He In the character of the people themselves. They have for gotten, or, perhaps, they have never real ized how much benefit can be derived from pleasant home surroundings. Here is the teacher's opportunity. Many of thcee people are only waiting for the suggestion. "We have all felt the uplifting Influence of a school or home where there Is a characterizing air of refinement and beau ty. That such homes and schools are within the reach of all, even the humblest ! and poorest, should be indelibly Impressed upon" the minds and consciences of the children under our care. They should be taught how to love beautiful things, and how to bring them Into their own lives. "Let 'us make Arbor day a red-letter day in oilr'school year, but let us not fix upon this as the limit of our responsibil ity, for we should not confine our efforts simply in endeavoring to awaken an en thusiasm for the best things of life dur ing one day in the year, but rather let it Increase from day to day until the results will be manifest in the life and character of those who may come under our super vision. In what better way can we do this than by getting our children Inter ested In the growth of a shrub or flower, or, perchance, simply In cleaning up the yard a bit and by endeavoring to keep It In a neat and tidy condition." "Let us hope that In the future Arbor day will prove more and more an Incen tive to the study of nature and all that pertains to right living." k LIVER FLUKE AMONG SHEEP. Dr. Wlthycombe Discusses Disease and Tells How It May lie Avoided. CORVALLIS, Or.. March 25. At the Ore gon Agricultural College Experiment Sta tion a thorough Investigation of the fatal disease among sheep reported In Satur day's Oregonlan from Salem Is In prog ress. Considerable data relative to the extent of the losses have been collected, and the station staff Is busily engaged In a scientific Investigation of the dis ease. When asked relative to the mat ter. Dr. Wlthycombe, vice-director of the station, replied that from information at hand the percentage of fatality reported was overstated. He said: "From information gathered by the ex periment station, 5 per cent or less Is indicated as the loss of sheep from the dividual flocks have suffered serious losses from this disease, and farmers owning Infected animals should give the matter careful consideration. The Oregon Exper iment Station has undertaken an Investi gation of dlstomatosls, commonly known as the liver-fluke disease. The data re lating to the metamorphosis of these dls tomes Is somewhat Incomplete. Enough, however. Is known to Indicate that to avoid Infection sheep and goats should not be permitted to graze upon swampy land In July, August and September. In fact. It Is not safe to pasture these am- mals upon such land at any time. Under- J draining win remove me aanger oi in fection from fluke, as swampy places or stagnant pools are the habitat of its In termediate host. This season the work of the station in the Investigation of the diseases will be mainly an endeavor to as. certain definitely the migratory period of the dlstome. Scientists generally concur In the opinion that the flukes leave the gall ducts of the liver and are expelled some time during tho Spring. Hence defi nite Information is desired In recard to this point, so that the period when sheep are rid of this parasite may be determined. All pasture' lands, even if they are swampy, are not Infested with fluke; therefore the owner of such land should exercise care not to introduce Infected stock upon them. When the tlrr.e sheep are free from fluke Is determined, then the period It Is safe to put sheep upon non-Infected land may be ascertained. A wet Spring and Autumn generally causes a wider distribution of !the fluke, entail ing greater losses of stock from the -disease. Since It Is thought the fluke cannot be expelled by medicines, the only hope remaining to the owner of an infected flock is to feed liberally, so as to keep up the constitutional vigor of the victims, thus enabling them to survive the migra tory period of the parasite." UNDUE INFLUENCE ALLEGED. Salt to flreak Will of Well-Knoivn Clackamas Farmer. OREGON CITY, Or., March 23. The Probato Court has been engaged In hear ing the evidence In the Hiram Fellows will case. The will has already been probated, the present action being a con test on the part of two of the heirs to reopen the case. Hiram Fellows, an Oregon pioneer, died In December, 1S93, leaving an estate worth 56000. His will was made October 20, 1858. He bequeathed his entire estate Ask your druggist first. If he cannot supply you, send us one dollar and we will express a bottle to you. Ee sure and give the name of vour nearest express office. -v Address,' J. C. AYER CO., Lowell, Mass. HANDSOM3 BOOK ON THE HAIR, rw,c - ' - - ii' - ' - 'i' - '' - - - ts - :y - 3,'yi!r - to Hiram and Daniel Fellows. In his will he specified that Orlando, Julia Ann and Joseph, three other children, should receive Jl each, because they had al ready been provided for. It appears that upon the same day Hiram Fellows made his will, he deeded to his son, Joseph, n farm of 160 acres, but gave Orlando and Julia Ann nothing of value. It Is for this reason that they now ask to have the will broken. They charge that their father was unduly influenced, and that he was not of sound mind when the will was executed. For two days the court has heard the evidence, and an adjourn ment has been taken until April 2. Hi ram Fellows was one of the best known farmers In, Clackamas County and lived at Highland. Millions of Aphis Larvae. OREGON CITY. March 25. "There are millions of aphis larvae In the newly plowed ground " said George Randall, of New Era precinct, today, "and unless the weather conditions are such as to destroy the eggs, considerable damage will result. The Fall-sown grain In most localities looks exceedingly well. The hops are be ginning to sprout, and many growers have set out small patches of Hungarian hops from sprouts sent out by the Agricultural Department." EXHIBIT FOR BUFFALO FAIR. Clatsop County Mill Will Send Spruce ItOg and Fir Lumber. ASTORIA, Or.. March 23. Clatsop Coun ty will have at least one creditable ex hibit at the Pan-American exposition. It is being prepared by the Necanlcum Spruce Lumber Company, of Seaside, and will consist of a 16-foot spruce log, 8& feet In diameter, a number of carefully prepared hemlock planks, a quantity of selected spruce finishing lumber and an assortment of the various kinds of boxes manufactured by the company. The ex hibit Is now ready for shipment and will be under the personal supervision of For estry Expert Johnson. The strike of the laborers at the North Pacific brewery is still on. Mr. Kopp, the proprietor, has learned nothing new about the cause of the trouble, and the men seem to be equally uninformed. They have no knowledge when the strike will be called off. Citizens of Seaside contemplate starting a high school. With an institution where the higher grades are taught, it Is thought that many families owning cottages at the beach would be Induced to remain there the greater portion of the year. Prominent Edncntors to Attend. SPOKANE. March 25. Prominent edu cators from three states will attend the fourth annual convention of the Inland Empire Teachers' Association at Moscow MarcH"2S, 29 and 30. Over 2000 visitors are expected. Among the speakers will be City School Superintendent Saylor, of Spokane; Professor J. H. Miller, principal of the State Normal School at Cheney, Wash.; President Frank Graves, of the State University at Seattle; President Pen-I rose, of Whitman College, Walla Walla; President Beattle, of the Eastern Oregon Normal School at Weston: President Kncpper, of the Idaho State Normal School at Lewlston; Miss Permeal French. State Superintendent of Schools of Idaho; City Superintendents of Schools Ransom of Colfax, Beam of Pullman, and Nowlln of Pendleton. Met Death Under "Wheels of Train. SEATTLE. March 25. Roy Thormburg. a switchman In the employ of the Great Northern Railway, met a frightful death under the wheels of a freight train at Interbay, a station near this city, this afternoon. While attempting to make a coupling, Thormburg lost his footing and fell on the track, two cars passing entirely over his body. Both arms were severed, and hto lower limbs so badly mangled that amputation would have been necessary had he survived. Thormburg lived for over three hours, and was conscious dur ing the greater portion of the time. Ex-Ofllccr Sncs County for Pay. WALLA WALLA. Wash., March 25. W. G. Sayles, will tomorrow begin suit against Walla Walla County to collect the sum of $2929, alleged to be due for salary for service as County Surveyor for the years 1S99 and 1000. The claim haa been refused by the County Commissioners. Rich Body of Lead. OREGON CITY, March 25. There is con siderable stli at Sandy over the discov ery of a rich body of iead on Sheeny Creek, on claims owned by the Melnlg brothers. They went 1C00 feet below where they had been prospecting a gold-bearing ledge, and sunk a 100-foot tunnel to tap the ledge at a lOYrfcr level. When the &&& VZtVSSi H. - "' .-yw. .yr.,s vTZKiitt?-.iXi. ledge was reached a large vein of lead was In sight. Assays made in Portland show $24 per ton In lead, besides gold and silver. Quotation of Minlnp: StocUs. SPOKANE. March 2.V The closing quota tions for mlnlns stocks today were: Bid. Ask. I Hid. Ask. Amer. Boy .. 8 10 lltn. Hon ....20 U3 Blacktall .... bU 0 ilrn. Glory.. 4 44 Butte & Bos.. V,i lUUorrlon r (i Crystal 3 rti,rln. Maud ... 14 1'Jk Conjecture .. '21,? S1 , lamb. Car ...2SVa 2tJ beer Trail ... 2K '1V, ?ejiubllc 2-'$ 30 Dewey 2:.-, 2 Reservation .. .' .5 Evenlns Star. ... (5 Utos. 'Slant .. -V: JtV Sold Ledge .. 1 louMvan S7i 0 t. X. L Id 21 irom Thumb...l2 13 Iron Mnsk ...SO 10 I Waterloo .... 2 2& . P. Surp... 7 7Vjl Ulller Creek 2 f SAN FRANCISCO.. iXarch,-2r..-TOmclal closlnc quotations for mlnlnc stocks today': Alta SO (X5Mexlcan ..'..... $0 32 Alpha Con t;o6chlen-.al Con ...' 5 Andes rijOphlr 4 7i Belcher 8Overman 15 Best & Belcher... 22Potosl 13 Caledonia 7S i'avase 1 Challence Con ... H! Keg. Belcher 1 Chollar l.' Sierra Nevada ... S2 Confidence 70 silver Hill 42 Con. Cal. & Va... 1 So Standard 4 DO Crown Point 10Union Con , 17 Could & Curry... l.Vl'tah Con 5 Hale & Norcross. 14, Yellow Jacket .... 17 Justice '! BOSTON. March 25. Closing quotations: Adventure ....$ 15 75' Humboldt $ 25 00 Bins. M. Co 25 .''Oxceota h7 t)0 Amal. Copper... 101 50iParrott 52 00 Atlantic :50Qu!ncy J 74 00 Boston & Mont. 357 0)'Santa Fe Cop... 8 00 Butte & Boston lot 50 Tamarack 338 (HI Cal. & Hecla... S55 no, Utah Mining .... 31 25 Centennial .... 27 50iAV!nona rt 02 Franklin 22 501 Wolverines 51 50 NEW YORK. March 25. Mining stocks today closed as follows: Adams Con SO 23LIttle Chief SO 15 Alice 33IOntario 10 00 Breece 1 20'Ophir Brunswick Con .. 23PhoenIx Comstock Tunnel. 5Poiosl Con. Cal. & Va... 1 00 Savage Dcadwood Terra- 50Slerra Nevada .. 8 14 12 34 C5 Horn sm-er 1 iv timail ttopes .... Iron Silver 5S Standard 4 00 Leadvllle Con .... 5( Funeral of Wesley B. EirinK. DALLAS, Or.T March 25. The funeral of Wesley B. Ewlng, who died at AVardner, Idaho. March 20. occurred here yester day. Mr. Ewlng came to Oregon when a boy. and was well known In this section, where he had resided for a number of years. Payment on State Tax. SALEM, March 25. Union County today paid $4124 53 on Its state tax for 1S29, and ?55U 79 as Interest on Its delinquency for the same year. STOP HACKING A hacking boy will soon chop down a cherry tree, and shack ing cough will" soon chop down a man. For the latter there is notfa ing better than rpDUFFY'S PURE Mmalt WHISKEY. It has cured thousands who were drifting into consumotion. It will cure you if taken in time. In most cases nature needs assistance in throwing off a cold, and DUFFY'S PURE MALT WHISKEY furnishes just the aid required. A trial will convince you. Over 7,000 doctors prescribe It, and 2,000 hospitals use it exclusively. It Is theonlyWhlskey taxed by the Government 33 a medicine This is a guarantee. All druggists and grocers. Kef use substitutes, they are inj ali ens. Send for free medical booklet. nUFFY V t,t VTnSKEY CO.. Rochester, N. Y. -i Nearly everybody seems to be taking Prof. Mnn yon's 1 old uro whenever a cola appears. It relieves the head, nose, throat and lungs t quietly that a. cold need no longer be a forerunner of grippe, diphtheria or pneumonia. A vial of the Cold Cure is lile a life lasurame policy. Every one of his remedies is a mre. Mostly 25c. vial. Guide to Hralih f--r Mnnr n. Ww VorV and Philadelphia, aUMO.YS 1NIULEU CUBEi CATaKBU, 3rP ,