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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 13, 1903)
THE MORNING OREGONIAN, TUESDAY, JANUARY 13, 1903. FOUR ARE AFFIRMED Supreme Court Hands Down Seven Opinions. DAVIS' BONDSMEN ARE FREE Action to Recover for Defalcation of School-Land Cleric Barred br Statute of Limitations Durpby "Verdict Reversed. SALEM. Jan. 12. (Special.) The Su preme Court today handed down seven opinions, of which four are affirmed, while three are reversed and remanded. Follow ing are the cases decided: State t. Davis et nl. The State of Oregon, appellant, vs. George W. Davis, E. P. McCornack and Georgo G. Bingham, respondents, from Marlon County; G. H. Burnett, Judge; affirmed. Opinion by Justice Bean. This was an action commenced by the tate on June 22,1901, against George W. Davis and his bondsmen. E. P. McCor nack and G. G. Bingham, to recover $5000 on Davis' official undertaking as School Land Clerk, who defaulted the state of about $30,000. The case was tried on an agreed statement of facts and without any pleadings on the part of defendant's sureties. The statement admitted that Davis was clerk of the board from August 8, 189L to July 31, 1S95, and that for the fer!od ending December 31, 1894, he col ected as such clerk about $30,000 more than he paid over to the State Treasurer; that from the period December 31, 1894, to July 31, 195, he made all payments to the State Treasurer, as required by law, all money collected by him; that prior to January 14, 1895, he made a full report to the board of all money collected and dis bursed by him. From the agreed state ment of facts, Davis defalcation appeared to have occurred some time prior to Jan uary L 1893, more than six years before the commencement of the action to re cover on the bond. The lower court held that the action was barred by- the statute Df limitations, and the Appellate Court af firms the judgment of the trial court. Su preme Court holds that question was en tirely a statutory one, and not a contract under seal. In disposing of the case, the opinion Says: "For the state, the contention Is that the action Is brought on a sealed In strument and, therefore, is not barred, it "having been commenced within 10 years (B. &'C. Comp., Sec. 5). -while the defend ant's position Is that it Is an action on a liability created by statute, and barred after the lapse of six years. (Id., Sec. G.) It has twice been held by this court that an action on the official undertaking of a public officer for a breach thereof, on ac count of the delinquency or nonfeasance of an officer is an action on a liability created by statute, and must be com menced "within six years. It was so held as early as 1S77, In Howe vs. Taylor, G Or., 2S4, and again in 1900, in Multnomah County vs. Kelly, 37 Or., L But, Inasmuch as the state maintains that the question "was not involved in either of the cases referred to, "we have been constrained to re-examine it in the light of the decisions In other states under similar statutes. ... The theory upon which the adjudi cations proceed Is the obvious fact that a bond or undertaking of a public officer creates no obligation in itself, but is In the natureof a collateral contract, simply furnishing a security against the neglect of duty or the dishonesty of the officer, and that an action thereon is for the breach of such duty on, therefore. In effect, although not in form, an action against the officer for misfeasance or non feasance In office, which when barred as to him is barred as to his sureties." After citing a number of authorities, the opinion continues: "So that there seems to be no basis under the authorities for the contention that an action can be maintained on the undertaking of a pub lic officer when it Is barred as to the offi cer himself. The sealing of the under taking In the present case did not change its character or the liability of the par ties thereto. It still remained as "a se curity for the faithful performance by Davis of the duties of his office, and t&e liabilities of the sureties are merely for a breach of such duties. "What tho effect "was. If any, of adding seals to the sig natures of the obligators, it is not now necessary to consider. It clearly did not change the instrument from a statutory understanding to a contract under seal, nor dldjt change the statutory liability of Davis for a defalcation to a liability on . contract. Davii "Was Not a. Trustee. "It is said that, because the school fund Is made a trust fund by the constitution (Const. Or., Art. 8, Sec 2), the statute of limitations did not commence to run in favor of Davis until the expiration of his term of office. He was not a trustee of the fund, however, holding it under an express and continuing trust, but was eixnply the clerk of a board vested by the constitution -with the control and manage ment of the fund, with power to collect, only tbathe might pay over to the State Treasurer. His duty was to 'receive, re ceipt for and make Immediate' payment to the .State Treasurer of such money (Hill's Ann. Laws Or., Sec- 2726), and -when he col lected it, correctly charged himself there Trith on his books and reported the same to the board, but failed to pay it over, a cause of action, therefore, accrued against him Immediately. Where an agent re ceives or has a fund under an express end continuous trust, no right .of action -will accrue until the trust is ended by the terms of its creation, or by act of the parties. Qulnn vs. "Gross, "24 Or., ,147; Shepherd vs Shepherd's estate, 10S Mich., S2.) But, "where there is no such trust, and his only duty is to collect the fund and pay it over to the owner or some other authorized person, and he reports the collection, but fails to make such payment, the statute commences to run Immediately. (A number of authorities are here cited.) The stipulation of facts upon which this case" was tried recites that Davis correctly charged himself with ell moneys collected, and at once reported to the board, but did not pay over to the State Treasurer, as by law required, all that he received prior to the 1st day of January. 1895, but did so pay over all that he received after that date There is. therefore, no basis, under the agreed facts, for an argument that the statute did not begin until tho expiration of Da vis term of office because he concealed the fact of -his collection or failure to pay over. According to the stipulation, the true facts were all reported by him to tho board, and the defalcation was a mere matter of calculation, -it follows, there fore, that this action is barred by the statute of limitations, and the judgment of the court below must be affirmed, and' it is sa ordered." State vs. Darphy. State of Oregon, respondent, vs. Brad ley F. Durphy, appellant, from Multno mah; Alfred F. Sears, Judge; reversed. Opinion by Justice Wblverton. The defendant was convicted of the crime of-polygamy. In appealing, the iefendant charged that the Information was deficient In that It did not allege that at the time Ihe defendant was said to have lived and cohabited with Margaret Ryan In Multnomah County, the said S. S. Bosworth was then his wife. The ourt holds that It Is 'Indispensable under the Statute to show that tho former bus sand or "wife, as tho case may be, is not anly living, but is still or was at the al leged time of tho commission of the of 'ense, the husband or wife of the accused, oc it may have transpired that tho parties were In the meantime lawfully divorced and the fact should so appear in the In formation: State vs. McCrum, 36 X. W. 102." Continuing, the opinion Is as follows: "Now, to analyze the information. It is manifest that the pleader did not in tend to charge a crime by alleging that the defendant did unlawfully and felon iously marry Margaret Ryan In the State of Illinois, because the act would not be an offense against this commonwealth, but that the gravamen of the Informa tion is contained In the allegation that he lived and cohabited with Margaret Ryan. In Multnomah County, State of Oregon, and hence, the Information does not charge the commission of two of fenses. The formenallegatlon was meant no doubt, ae an inducement to the latter, by showing the second marriage"" of the defendant and to whom, namely, Margaret Ryan, the latter making reference to her as 'the oald Margaret Ryan. The words 'and while she (S. S. Bosworth) was still PRESIDENT OF THE GEORGE C. BROWNELL, SALEM, Or., Jan. 12. (Special.) George C Brownell, of Oregon City, was born in the State of New York in 1839. "When a very young man he moved to Kansas, where he was admitted to the bar, and engaged In the practice of law. He manifested a keen aptitude for politics, and occupied a number of responsi ble positions. In 1801 Mr. Brownell moved to Oregon, settling in Oregon City, where he has been a prominent figure In legal and political circles. He has' been elected to the State Senate three times by the Republicans of Clackamas County, and has often been mentioned as a candidate for Congressional honors. his wife, relates, and was intended by thepleader, to the time of the defendant's marriage to Margaret Ryan. In the State of Illinois, and -not to- the time of his living with her In eald County of Mult nomah. So that If the Indictment Is to be eliminated, these words must go with It, and the Information would then be un doubtedly bad. It would be unwarrant able, it seems to us, to thus change the relation of a clause of the Information, thereby giving It an entirely different signification; or, rather, to so transpose the clause with reference to the context as to make it apply to tho gravamon of the offense, when its natural position, and as designated by the pleader. It could have no such relevancy. Such a rule would b2 promotive of irregularity and perhaps injustice, as it might be mislead ing as to the specific crime charged, and the defendant be left without adequate preparation for his defense. Hence, we are Impelled to hold that the information does not charge the crime of polygamy under the statute. We have examined the case of State of Oregon vs. Abrams, 11 Or. 169, and others cited by the state, but they do not reach the vice attending tho present Information. "The Judgment of the trial court will, therefore, be reversed, and the cause re manded for such other proceedings as may seem proper, mot Inconsistent with this opinion." Culllson vs. Down I riff, Hopkins & Co, J. E. Culllson, respondent,, vs. F. . O. Downing and F. H. Hopkins, partners do ing business as Downing, Hopkins & Com pany, appellants, from Multnomah; Al fred F. Sears, Jr., Judge; reversed and remanded for new trial; opinion by Chief Justice Moore. Quatsoe et al. vs. EKKleston. F. L. Quatsoe and J. B. Quatioe, part ners, doing business under the firm name of the Manufacturers' Advertising Com pany. appellants, vs. W. H. Eggleston, It .. a t - ' SNAPSHOTS OF PROMINENT MEN AT THE STATE CAPITOL. " -, respondent, from Multnomah; M. C George, Judge; reversed and remanded; opinion by Justice Bean. York vs. Nash. TV. T. York, respondent, va. J. T. C. Nash, appellant, from Jackson County, H. K. Hanna, Judge; affirmed, opinion by Justice Bean. Hubert vs. Building Association. Flora Hubert and I M. Hubert, her husband, respondent, vs. the "Washington National Building & Loan Investment As sociation, appellants, from Multnomah County, Arthur L. Frazer, Judge; affirmed, opinion by Chief- Justice Moore. Cox vs. Roynl Tribe of Joseph. Laura Deane Cox, a minor, by J. P. FInley, her next friend, respondent, vs. The Royal Tribe of Joseph, a corporation, appellant, from Multnomah County. M. C. George, Judge; affirmed, opinion by Jus tice Wolverton. i STATE SENATE OF CLACKA MAS COUNTY. The following orders were made by the court today: Idonla Stenchcombc, appellant, vs. the New York Life insurance Company, re spondent, ordered on stipulation that ap pellant's time to serve and file her brief -bo extended 30 days and that respondent have. 20 days thereafter to serve and file Its brief herein. J. A. ' Baker, respondent, vs. the "Will lams & England Banking Company, ap pellant, motion to modify decree overruled. Aberdeen Brevities. ABERDEEN, Wash., Jan. 12. (Special.) The new Council has elected ex-Mayor Anstie to the position of Marshal, for which there was an active fight by sev eral candidates. S. B. Linn has been re elected to the office of Superintendent of Public Works, and E. G. Hun has been re-elected City Engineer. Mayor-elect West hag made no announcement of his policy in regard to public affairs. There are now under way at this place two large sawmills, with prospect of an other being located here by the Cody brothers, of Winona, Minn., who have been looking over the prospects of Gray's Harbor. A petition is being circulated asking the Legislature to memorallze Congress to take a portion of the Olympic reserve lands out of the restriction that is upon it. Butte Closing Slot Machine. BUTTE, Mont, Jan. 12. The authorities of Butte have begun a determined cru sade against nlckel-ln-the-slot machines. Two days ago Mayor Davey ordered the Chief of Police to close all -machines in the city, and today the dragnet for those who still defied the order began. But two men had been arrested, whet apparently every machine in the city was at once suspended. HOW BROWNELL GOT IT OX EIGHTEENTH BALLOT SENATE DEADLOCK IS BROKEN. Tie Tote With Dr. Smith for Fifteen Ballots Contest in Good Spirit. SALEM, Jan. 12. (Staff correspondence.) The victors' for Brownell for President of the Oregon State Senate came only after a prolonged contest, In which the leaders of the opposing factions exerted every effort In their power to win the fight. At 10:15 A. M. the Republicans went into caucus, each side confident of victory on the first ballot Neither Smith nor Brown ell participated in the caucus, so that there were only 22 Republicans In the party deliberations. The first ballot cre ated a small sensation when tho count showed 11 votes for each candidate. Seven ballots were taken without a change, and then the caucus adjourned until 1:30. The Republicans returned to their seats In the Senate chamber and adjourned the Senate until 3 o'clock. . During the recess the leaders worked j continually to nom tr.eir own torces sunu and to make a galn of one vote from the opposition. When the Senators returned from lunch the Brownell leaders whis pered to confidential friends that a change had been accomplished by which Brown ell would win. The first three ballots in the afternoon showed no change, and those who had anticipated a change be gan to think there would be a deadlock which would prevent organization and therefore throw the first Senatorial ballot over for a week. On the 13th ballot one of the Smith men voted for Stelwer, but on tho lith ballot the vote stoodjl to 11 again. The 16th and 17th ballots showed J one vote for Stelwer, but on the 18th bal lot the Stelwer vote changed to Brownell and the contert' was over. As soon ashe learned of the result. Sen ator Smith hastened to the caucus-room and asked that the nomination of Brown ell be made unanimous. This was done, and Brbwnell made one of his felicitous speeches, thanking the "Republicans In the Senate for the favor and honor conferred upon him. The Senate Republican caucus then took up. the ,work of selecting candidates for the minor offices. S L. Moorehead, of Cottage Grove, was chosen for chief clerk; D. H. Jackson, of Roseburg, Journal clerk; Frank Motter. of Portland, reading clerk; Frank MIddlcton, of Portland, calendar clerk; A. W. Gowan, of Burns, sergcant-at-arms; J. L. Calvert, of Marlon, door keeper; William Smith, of Yamhill, mail ing clerk. The caucus then adjourned and the Sen ate convened, when the nominees -were elected by a party vote In opposition to the Democrats hereafter named. The Democrats In the Senate held a cau cus at 10:15 o'clock, the same hour the Republicans went into caucus, and in half an hour they had a full list of candidates named for the various offices. Having chosen their own candidates, they whis pered around among the Republicans that they were ready to "do business." The Democratic members have not been be sieged with applications for places, so they went hunting for candidates. None of the men named by them were applicants, but they received the honorary vote of the six Democrats. The Democratic nominees were: President, Justin Wade; chief clerk, J. E. Lathrdp; assistant clerk, Ira Campbell; calendar clerk, L. A. Long; reading clerk. Burd Hoffman; sergeant-at-arms, General H. B. Compson; mailing cerk. F. W. Dur bln; doorkeeper. J. W. "Virtue. After his election Brownell was escorted to the president's chair by a committee composed of Senators Crolsan of Marlon,. Smith of Multnomah and Stelwer. After taking the oath of office, President Brown ell made a brief address In which he ex pressed his gratitude and high apprecia tion of the honor conferred upon him, and said that he would perform the duties of the position to tho best of his ability and In such a manner as would command the respect of the members of the Senate. Realizing the importance of the position and the weight of the responsibility, he would rely upon the support and assist ance of all the Senators, regardless of party. In making his appointments ofj committees the president assured the Senate that he would disregard factional lines and consider only the welfare of the taxpaylng Interests of the State of Ore gon. The fight over the presidency of the Sen ate was characterized by no bitterness. Senator Booth, who was one of the promi nent figures among tho Brownell forces, remarked during the noon hour that the contest differed In this respect from most of the organization fights with which he has been familiar. Senator Daly, who was tho leader of the Smith forces, laughed over tho situation, and said he would' not lose a moment's sleep whether he won or lost. Members of the opposing forces greeted each other most cordially, and talked very pleasantly of everything but politics." IN THE SENATE. Ho tv the Preliminary Organization Was Effected. SALEM, Jan. 12. (Staff correspondence.) The Senate was called to order at ex- actly 10 o'clock A. M. by Senator C. W. Fulton, who was president of the last Senate. Upon motion of Senator Booth, of Lane, JohrvD. Daly, of Benton, was chosen tem porary president,, without opposition. Upon motion of Henry E. McGinn, of Multnomah, S. L. Moorhead was chosen temporary chief clerk. McGinn of Multnomah moved the ap pointment of a committee ofnve on cre dentials. The motion prevailed, and the president named Booth of Lane, Mulkey of Pdlk. Wade of Union, Hunt of Mult nomah and Hobson of Marion. At 10:15 o'clock Booth of Lane moved, that the Senate adjourn until H o'clock. The motion prevailed, and the temporary president announced that all Republican members would meet In caucus upon or ganization in the president's office. The Democratic members went into caucus In the room assigned to the committee on Judiciary. At 11 o'clock the Senato was called to ELECTED .SPEAKER OF THE HOUSE OF REPRESENTATIVES. LAWRENCE T. HARRIS, OF LANE C OUNTY. SALEM, Or., Jan. 12. (Special.) Lawrence T. Harris, who was elected Speak er of the House of Representatives, Is a native Oregonlan. He was born in -Linn County, September 13. 1S73. He was educated in the public schools of Albany and Eugene, and afterwards at tho University of Oregon, from which Institution he was graduated in 1S93. He then entred the law department of tho Univer sity of Michigan, finishing his course with the class of 1806. Since that tlnie Mr. Harris has practiced his profession at Eugene with pronounced success, and has served continuously as Deputy Prosecuting Attorney for the Second Judicial Dis trict. He has been a member of several Republican state conventions,' and Is at present a member of the State Central Committee. Mr. Harris was first elected to the lower house of the Legislature In 1000. running 300 votes ahead of his ticket In Lane County. Last Juno he was re-elected by an Increased majority. order, and the report of the credential's committee received. The report recom mended the seating of the hold-over Sen r.tora and the members heretofore declared elected at the last election. There being no contest, the report was adopted. The Republican caucus not having agreed, the Senate adjourned until S P. M. At 3 P. M., the Republicans having agreed upon an organization, the Senate was called to order by Temporary Presi dent Daly, and, on motion of Senators Fulton, Booth and Mulkey, were appointed a committee to ask the Chief Justice of the Supreme Court to administer the oath of office. The Chief Justice was Intro duced, lind, after the new Senators had taken the oath, the Senate proceeded to effect a permanent organization. Tho Republican nominees . were elected In opposition to the Democratic nominees, the names of all the candidates being given elsewhere. The rules of the last Senate were adopted as the rules of this Senate. On motion of Senator Fulton, the Sen ate adjourned as a token of respect for the lato Congressman Thomas H. Tongue. To Talk 1905 Fair nt Boise. BOISE, Idaho, Jan. 12. (Special.) C. H. Mclsaac. special commissioner for the Lewis and Clark Centennial Exposition, to be held in Portland In 1905, arrived In the city yesterday. He is here to interest the Legislature In making an appropria tion for tho great Fair, and Is meeting with much encouragement. He will re main In the city several days. AFTER NINETEEN BALLOTS ( HARRIS DEFEATS EDDY AND DAVEY FOR SPEAKER. Tillamook and Marion Men With drcTf la Favor of Lane County Candidate. SALEM, Or., Jan. 12. (Staff correspond ence.) Mr. Eddy's defeat was caused by the division In the Multnomah ranks. This Is admitted by the Eddy supporters and is conceded by the Harris men. The caucus was at all times harmonious. When It ended the best of feeling prevailed. Mr. Eddy saw that his election was lmpossl- slble, inasmuch as on the 13th ballot Harris, with 19 votes, lacked only five of being the caucus nominee. Twenty-four votes were necessary to a choice. Hume of Curry and Adams of Umatilla were absent; otherwise 25 votes would have been necessary for the nomination. The caucus was held in two sessions- one In tha morning and tho other In the afternoon both nearly two hours long. In the morning session 19 ballots were taken, In which the votes were about equally distributed between Davey, Eddy and Harris. Harris, however, began to draw more support toward the end of tho morning session. On the last ballot he lacked only five votes of winning the nomination. Davey surprised everybody by taking the lead at the opening of the contest. His unexpected support came from the Eastern Oregon delegation of six or seven votes, the Clackamas dele gation of two or three votes, and two or three Marlon voters. .One or two Mult nomah men were understood to be voting for him, also Hayden of Benton, Hawkins of Polk and Jones of Lincoln. Eddy polled perhaps 10 Multnomah votes, and four or five outside votes, Including one from Marlon and one from Yamhill. The ad herents of Harris were one or two Multno mah members, the solid Lane County dele gation, four or five Southern Oregon people, and other scattering members from Clatsop, Washingtpn and Clacka mas Counties. The ballots resulted as follows: Davey. Eddy. Harris. 18 15 14 : IS 14 15 17 14 IS 17 15 15 17 15 15 16 15 16 17 14 15 la 16 15 13 15. 14 19 14 14 19 14 14 19 14 14 17 14 15 16 13 18 17 14 16 16 14 17 16 12 IS 16 13 IS 16 12 19 8 9 10 11 12 13 14 15 16 17 IS 19 Toward 1 o'clock the sojons grew hun gry from their hard labors In caucus, and adjourned for lunch. When they met r.galn at nearly 2 o'clock, Mr. Eddy at once withdrew from the contest In favor of Harris. In a neat speech he said that after an honorable endeavor for the Speakership he regarded as a privilege tha opportunity to give way to Mr. Harris. Mr. Davey promptly followed suit, and the election of Harris as the Republican cand.date came by uflanlmous voice. The caucus then chose the following candidates for clerks and other officers of the House. The nominees were elected by a straight Republican vote in the afternoon session of the House, which began at 4 P. M.: a Chief clerk A. C. Jennings (re-elected). of Lane. Journal clerk W. F. Drager. of Marlon. Reading clerk La Ronda Pierce, of Washington. Calendar clerk Frank O. Northup, of Multnomah. Sergeant-at-arms W. R. Blshoc of Multnomah. Doorkeeper T. W. Wann. The Democrats held a. rauetis In thn afternoon, and nominated the following candidates: Speaker W. R. Bllyeu. of Linn. Chief clerk J. J. Whitney, of Linn. Journal clerk Dexter Rice, of Douglas, Reading clerk-James Stewart, of Med- ford. Calendar clerk E. B. Schow, of Union. Sergeant-at-arms- Thomas Profflt. of Baker. They were not elected. "Of couse," said Mr. Harris. "I am highly gratified with the result. "The contest between Mr. Eddy and Mr. Davey and myself has been a spirited but friend ly one, and I am sure that the business of the Legislature will not in any way be adversely affected by the Speakership contest. The gentlemen who competed with me for thl3 honor will receive full recognition at my hands. Whenever I can be of use to them in the work of the Legislature I shall be glad to serve them. They will at all times have free access to me." "I am very grateful," said Mr. Eddy, after the caucus, "for the loyal support I have received. I also feel that the party Is to be congratulated over the unanimity and good feeling which finally prevailed in the caucus. I shall do everything pos sible to ba of service to Mr. Harris as Speaker of the House. I predict for him a successful term In that office, for I have great confidence in his ability and fair ness. IN THE HOUSE. Exnmett for Temporary "Speaker Hnrrls for Speaker. SALEM,. Or., Jan. 12. (Staff correspond ence.) The House was called to order at 10:22 by A. C. Jennings, of Lane County, chief clerk of the last House. Whealdon of Wasco nominated Emmctt of Klamath for temporary speaker, who 'was elected by. acclamation.., .. Eddy of Tillamook nominated AVC. Jen nings, of Lane, for temporary chief clerk. Mr. Jennings was the only nominee, and was elected. On motion of Shelley of Lane, seconded by Eddy of Tillamook, a committee of five on credentials was appointed, as follows: Shelley of Lane, Nottingham of Mult nomah, Burgess of Klamath, Hale of Jo sephine, and Claypool of Lane. On motion of Judd of Marlon, a commit tee on organization was appointed, as fol lows: Judd of Marlon, Bllyeu of Linn, Haw kins of Polk, Reed of Multnomah, and Miles of Yamhill. On motion of Kay of Marlon, the House adjourned until 2 P. M. The House was called to order at 4 P. M. by Speaker Emmett. Report of the committee on credentials was read, and on motion of Whitney of Lane was adopted. Report bf the committee on organization was submitted, and on moition of Gault of Washington was adopted. L. T. Harris was nominated for speaker by Edwards of Lane. The nomination was seconded by Eddy of Tillamook and Davey of Marlon. Robblns of Baker nominated W. R. Bll yeu, of Linn. Harris was elected by 44 votes, all the Republicans voting for him. On assuming the gavel, Speaker Harrir made a few felicitous remarks, whlcb were received with applause. The follow ing nominees of the Republican caucus were then elected by the House, each re ceiving the full Republican vote: Chief clerk A. C. Jennings, of Lane. Assistant chief clerk Fred Drager, of Marion County. Calendar clerk Frank O. Northup, of Multnomah. Sergeant-at-Arms W. R. Bishop, of Multnomah. Doorkeeper T. W. Wann, of Polk. Mailing clerk L. M. Pierce, of Washing ton. Pages Penryn Kantner, Lee Davis, Frank Hogan. Representative Gault announced tho death of Thomas H. Tongue, Congress man from the First District, and tho House adjourned out of respect to his memory. New Lewis County Officials. CHEHALIS. Jan. 12. (Special.) There was a change all around today among the Lewis County officers. Retiring Coun ty Assessor S. 12. Grimm took charge of the Treasurer's office. A. T. McDonald, formerly Deputy Assessor, will be chief deputy In the Treasurer's office, and David Rogers will be second deputy. Peter Summersett, the new Assessor, will have no deputy for the present. Auditor Albert Schooley, who Is entering on his second term, hag no regular deputy. The new Sheriff, Henry Urquhart, has selected Howard Darrah, ql Winlock. as his chief deputy. M. A. Langhorne succeeds David Stewart as County Attorney. Charles Gelger Is the new Surveyor, and will have Wesley Beach as his deputy. County Clerk B. H. Rhodes la entering on his second term, and will re tain his present deputy. Miss Joslo Schooley. County Superintendent George A. Spencer will not relinquish his office until next August. Albert Sears succeeds himself as Commissioner in the First Dis trict; in the Second District, Henry Foster holds over, and In the Third District J. W. Ferrler Is succeeded by W. A. H. Birley. Politically, the Auditor and At torney are Democrats, and the rest of the county officials arc Republicans. New Trial In Montana Sheep Case. BUTTE, Mont.. Jan. 12. A Helena spe cial eays that the Supreme Court has granted a new trial in the celebrated Broadbent and Donaldson sheep-etealing case from Dawson County, on the ground that the lower court committed errors during the trial. Donaldson and Broad bent were two of the best-known stock men of Dawson County, both being wealthy. Each received sentences of eight years for alleged theft of bands of sheep. Eczema, No Care, No Pay. Your druggist will refund your money If Paio Ointment falls to cure Ringworm, Tetter. Old Ulcers and Sores, Pimples and Blackheads on the face, and all skin diseases. CO cents.