TIIE JIORNING OREGONIAN, FRIDAY, JULY 27, 1906.
DOUBLE MURDER
IS THE CHARGE
A. J. Hembree Accused of Re
volting Crime of Killing
Wife and Daughter.
ON TRIAL AT TILLAMOOK
Neighbor Tells of Appearance of Ac
cused the Morning His Home
Burned and of His Pe
culiar Actions.
TILLAMOOK, Or.. July 26. (Special.)
A. J. Hembree, charged with burning the
bodies of his wife and 16-year-old daugh
ter the night of December 26 In a stove
and later setting fire to his residence at
Sand Lake, to conceal evidence of his
alleged crime, was put on trial for his
life today In the Circuit Court before
Judge McBride.
The case Is attracting great Interest be
cause of the alleged brutality of the de
fendant, who Is said to have made such a
vicious attack on his daughter that it
caused death. To prevent his wife mak
ing known the crime and to hide evidences
of the girl's death, Hembree Is alleged
to have thrown the bodies of the two
women in an old iron stove and to have
incinerated the remains.
For two days attorneys for the state
and for the defense have contested
strongly in procuring a jury, and 12 men
were not selected until this morning. The
trial was begun this afternoon in a
crowded courtroom. District Attorney Mc
Nary making the opening statements for
the state and James McCain speaking for
the defense. McNary said that he would
prove that Hembree ended the lives of
his wife and child under revolting condi
tions. McCain said that he would prove
that the deaths were due to accident.
Appears at Neighbors Half Clad.
James Thompson, who lived In the res
idence of Mrs. L. A. Hoyt, a mile from
the scene, was the first witness for the
state. He told how Hembree, dressed
only in his underclothing, and laboring
under great excitement, came to Mrs.
Hoyt's house at 3 o'clock in the morning
of December 29, the morning of the fire,
and asked for a place to sleep, saying
that his house had burned down. Thomp
son invited the man in, . he said, and
made no objection to his staying under
Mrs. Hoyt's roof.
"Hembree asked me if I would go and
look for his wife and daughter." said
the witness, "I went to the scene of the
tire and there found that one section of
the house was still burning fiercely, but
1 could find no trace of Mrs. Hembree or
her daughter. I returned to Mrs. Hoyt's
place "and told Hembree that I could find
no trace of the missing women."
" 'Well, I expected you wouldn't,' Hem
bree said to me.
Coolly Eating His Breakfast.
"Hembree was eating breakfast when
I returned," continued the witness, "and
he did not seem to be concerned about
the loss of his wife and daughter. He
made no attempt whatever to look for
them."
Testimony was brought out showing
that Kembree was seen after the fire
with scratches and bruises on his face,
which, it Is said, may have 'been Inflicted
during a struggle. When questioned about
the marks, Hembree is said to have acted
nervously, and tried to avoid questions.
Continuing his testimony, Thompson
told how, January 8, he had examined
. and ruins of the Hembree house and
found charred bones in the ruins of the
old stove. He said that the ashes around
the stove appeared to have been burned
longer than those of the destroyed house.
"When the bones of the women were
shown in court Thompson identitled
them as the ones discovered by him.
Testimony Is Not Shaken.
Attorney Pipes, one of the" attorneys
for the defense, tried to shake the testi
mony of the witness during cross-examination,
but was not" successful,
i Mrs. L. A. Hoyt. sister of Thompson,
took the stand. She confirmed the testi
mony of Thompson about Hembree com
ing to her house In the early morning
and asking for a place to sleep.
"When I asked him if his wife and
daughter had been saved and would also
come to the house." said Mrs. Hoyt, "he
answered 'I am afraid not." "
Nervousness of Hembree.
Mrs. Hoyt then described the nervous
appearance of Hembree while being ques
tioned. After giving the accused man
breakfast, Mrs. Hoyt said that he had
gone to bed immediately.
U. S. Edwards, the last witness of the
thy, told of the finding of the bones in
the ruins, but did not add much to the
testimony of the two preceding witnesses.
The case will be resumed at 10 o'clock
. tomorrow.
EIjAM SELLS flocking mills
W. II. llaymond, of Walla Walla, at
Head of Purchasers.
PENDLETON, Or., July 26. (Special.)
W. M. Raymond, a prominent Walla
Walla capitalist and farmer, has pur
chased of J. L. Elam and associates the
Peacock and Eagle milling properties at
Milton. The deal was consummated last
week, hut the news did not become pub
lic until this morning. The Peacock and
Eagle mills are two of the biggest flour
mill plants In Eastern Oregon, and the
deal Just .completed is said to have in
volved the transfer of about $100,000 in
cash and property.
It is understood that Mr. Raymond has
taken active charge of the two plants,
and will operate them for himself and
capitalists associated with him in the
venture. The Peacock mills have been
owned and operated for many years by
the Elams. and the foundations of the
Elam fortune was laid from the profits
accruing from the property. The Eagle
mill was acquired a few years ago by
Mr. Elam and associates, and has proved
an excellent investment. '
SOCKEYES ARE TO BE TAGGED
Attempt to Trace the Course of the
Salmon In Migrations.
VICTORIA, B. C, July 26. An interest
ing experiment is being undertaken by the
fishery experts who are members of the
fishery commission now making investi
gations in British Columbia, to endeavor
to ascertain the course of the sockeye
salmon after they enter the Straits of
JuRn de Fuca. Trapowners both in Brit
ish Columbia and Washington have been
asked to assist.
The scheme is to place tags bearing let
ter and number. Indicating the trap from
which the salmon were taken, and the
date. Whenever any salmon with a tag
is found in a trap, the tag and particulars
will be given to the fishery inspectors,
who hope thus to solve the mystery of
the route of the sockeyes.
The other phase of the mystery, as to
where the fish so after spawning, is also
being Investigated. Present evidence
points to the Kamtchatka coast.
SPEED LIMIT ON AUTOMOBILES
Oregon City Council Is Considering
an Eight-Mile Ordinance.
OREGON CITY, Or., July 26. (Special.)
An ordinance was presented the Ore
gon City Council last night regulating the
speed of automobiles on the streets of
the city at eight miles per hour.
The Council also approved the purchase
by the committee on streets .nd public
property of a street sprinkler at a cost of
2S0. The wagon will be placed in service
immediately, business men having sub
scribed the expense of operating the
sprinkler.
Another ordinance was corisidered by
which several streets that existed in du
plicate were renamed, one of the thor
oughfares being named after President
Roosevelt, another for Admiral Dewey J
while others received the names of ex
mayors of the city.
Sheepshearers In Convention.
BUTTE, July 26. The machine and
hand shearers' annual convention is in
session in this city today, delegates being
present from California, Utah, Colorado,
Wyoming, Washington, Idaho and Ne
vada, representing a membership of 1700
shearers, or one-third of the shearers of
the United States. There is little like
lihood of the present scale for shearing
being changed at this meeting.
FIRE IN THE
FINE BODY OF TIMBER BURN
ING NEAR DETROIT.
Volunteers Go From Albany by Spe
cial Train to Attempt to
Quench the Flames.
ALBANY, Or., July 26. A timber fire
in the Cascade Mountains near Detroit is
spreading rapidly, threatening heavy dam
age. The fire started Wednesday near
the Santiam River and spread Into heavy
timber. Two hundred acres of the finest
forest In the Cascades is now burning,
and the wind is driving the flames into
the heart of the mountains,, where, if
not stopped soon, immense damage will
result. Everything is extremely dry and
the flames are spreading with frightful
rapidity.
A carload of men from here fought the
flames all day. One hundred or more men
will join the fighters tonight, going for
ward on a special train after midnight.
It is feared the damage will be enormous.
Forest Fire Threatens Potlatch.
GARFIELD, Wash., July 26. (Special.)
A big Are has been raging all day in
the pine timber nine miles above the
town of Potlatch, Idaho. Shovels and
buckets have been ordered from Spo
kane, and every precaution is being taken
by the Potlatch Lumber Company, with
hundreds of men, to keep the Are from
reaching the town and wiping it out.
Potlatch is the nearest town half a
mile east of Garfield that Is being built
by the "Weyerhauser syndicate. Five hun
dred houses and a splendid depot have
been built there this Summer, and a
sawmill is under construction that when
completed will be the largest in the
United States.
CONVICTS FOR WORK ON ROADS
Fifteen Picked Men Are to Be Sent
to Lewis County.
OLYMPIA, Wash., July 26. (Special.)
M. F. Kincaid and H. T. Jones, mem
bers of the State Board of Control, are
in Chehalis conferring with the Board
of Commissioners of Lewis County in
regard to convict labor that is to be
used In Lewis County on road work. It
is the intention of the board to bring
over 15 of the best men in the peniten
tiary for that sort of labor, and turn
them over to the Lewis County author
ities. The Board of Control expects suf
fliciently to demonstrate the value of
such work to bring about legislation on
the'subject at the coming- session.
Lewis' County will be obliged to meet
the expenses incident to the work of
the 15 convicts it is proposed to put at
work on the roads there.
NO INQUEST ON 1 HE WRECK
CORONER HAS UNDERSTANDING
WITH PROSECUTOR.
Criminal Negligence Is the Charge
to Be Brought Against the
Great Northern.
SPOKANE, Wash., July 26. (Special.)
That the proper officials of the Great
Northern Railroad will be brought into
the Superior Court of Stevens County on
a charge of criminal negligence in con
nection with the wreck at Camden, Wash.,
is the promise of Stevens County officials.
This course is to be adopted, as on ac
count of the time which has elapsed.
Coroner R. D. McRae does not think wit
nesses could be gathered for an inquest.
"Deputy Prosecutor Leo S. Winstad was
on the wrecked train," said Dr.. McRae.
"He expressed to me his opinion that an
inquest would not accomplish the pur
pose. It is on the understanding I have
with the Prosecuting Attorney's office
that no inquest will be held.
"Deputy Prosecutor Winstad declared
to me that there was no doubt as to the
cause of the wreck. He said it was
caused by the train going at high speed
around a curve and over a bad roadbed.
"Prosecuting Attorney Kirkpatrick was
in the woods on a camping trip, and Mr.
Winstad went to see him. It was after
his return with the prosecutor that I de
cided no inquest would be held, but that I
would let them take the matter into the
Superior Court. I understand that they
have been gathering considerable evidence
and will be prepared to act when the
proper time comes." .-
Driving Ont Disorderly Women.
CENTRALIA, Wash., July 26. (Spe
cial.) The negro women of the red
light district in Centralia got drunk
this week and were arrested and fines
of $50 and costs each were levied.
Sentence was suspended on condition
that the women should pay the costs
and leave town. Three of the four ac
cepted the situation! Grace Patterson,
the "landlady," decided to stand trial.
The Patterson woman's attorney has
stated that if she is driven out of town,
he will cause all the other women to
leave town and cause a general clean
up. This seems to be what the city ad.
ministration wants and all the assist
ance possible will be given.
Killed at Fishers Stone Quarry.
VANCOUVER. Wash.. July 26. (Spe
cial.) Robert Ellison, aged S2 years,
was accidentally killed yesterday af
ternoon at the Fishers stone quarry
near Fishers, Wash. The accident oc
curred when the man was working with
a number of other employes lowering
a huge stone by "means ot a derrick.
PLEDGED FOR BORAH
Ada Convention Puts Delega
tion Under Unit Rule.
BOISE LAWYER HAS WON
Seven More Than a Majority in the
State Convention Are In Favor of
Naming Him .Candidate for
United States Senator.
BOISE, Idaho, July 26. (Special.) The
Ada County Republican Convention today
selected 27 delegates to attend the state
convention, instructed them to support
W. El Borah for the nomination for Sen
ator and put them under the unit rule.
There was no mention of the Governor
or the state administration. The resolu
tion adopted, after eulogizing President
Roosevelt, says:
We have an abiding faith in popular gov
ernment and believe the people can always
be trusted to choose their officers by direct
vote. The people have assumed this power by
universal assent in the matter of electing the
President, notwithstanding the fundamental
law remains unchanged.
We therefore believe they have the right,
and it la their duty, to do the same thing
in the matter of electing their Senators. With
thl0 end In view we favor the nomination of
a Senator at Pocatello as the beat possible
way, under present conditions, to bring the
election nearest the people.
We believe we should take the people into
our ..confidence and name our candidate for
Senator as we make our other selections for
publio office, so that the pejple may have
abundant opportunity to Judge of his ability,
fitness- and qualifications for this high posi
tion. They have a right to know his views
os public questions, and this procedure gives
them the opportunity.
We therefore instruct our delegates to vote
as a unit In the state convention in favor
of a resolution providing for the nomination
of a Senator.
For this high office Ada County presents
a favorite son in the person of Hon. W. E.
Borah. We believe he has the qualities 'of
character and intellect eminently to fit him
for this exalted position and that in his selec
tion Idaho will have a representative in the
Senate of the United States the equal of any
state in the Union. We commend him to the
convention as the united and unanimous choice
of his friends and neighbors, who know btm
best and who have learned thoroughly to ap
preciate his magnificent equipment for the re
sponsibilities of this great trust.
Following is a conservative estimate of
both men's strength after the action of
today's convention: Borah has 157 dele
gates certain, 19 that are reasonably cer
tain for him,- and 7 doubtful. Governor
Gooding has 144 certain, and 16 reason
ably certain, while there are a large
number tied up in delegations which are
primarily for Borah but which will be for
Gooding if a rupture does not come on be
tween the two men.
In the convention 150 will constitute a
majority.
BORAH ROUTED IN NEZ PERCES
Delegation Instructed to Support
Nomination of U. S. Senator.
LBWISTON. Idaho., July 26. (Special.)
'Borah forces were overwhelming rout
ed in the Nez Perces county convention
in this city today. Not only are the 25
delegates to the state convention op
posed to the Indorsement of Borah for
United States Senator, but resolutions
passed by the county convention relieve
the legislative nominees of the object of
supporting any man who may secure an
indorsement of United States Senator at
Pocatello next Wednesday. The reso
lutions touching on the Senatorial ques
tion read:
Resolved, That we repose Implicit confi
dence and faith in the integrity and Judg
ment of our nominees to the State Legis
lature, and it Is the sense of this convention
that our nominees, if elected as members of
the State Legislature, are not bound by any
action by the state convention instructing
them whom they shall support tor United
States Senator.
Resolved, That we-' are opposed to the
nomination of United states Senator In the
state convention, and that we hereby instruct
the delegates from Nes Perces County to
said convention to oppose any resolution
making any Indorsement of any candidate
for United States Senator. -
Governor Gooding is indorsed for re
nomination, as is Representative French,
and Senator Heyburn is commended for
his work in the United States Senate.
The convention today was In complete
control of the Thompson-Bradley forces
and the only nominee on the county
ticket conceded to the Borah forces was
one County Commissioner from Cul de
Sac. Following is the 'legislative ticket:
Senator, Elmer Waldrip, of Nez Perces;
Representative, L. G. Bradley, Lewiston;
W. R. Smith, Levand; S. C. Brooks, Cold
Springs; Ole Anderson, Oro Fino; C. C
Miles, Webb Ridge.
Borah Holds the Whip Hand.
POCATELLO, Idaho, July 26. (Special.)
At Republican state headquarters here
today the news from Ada and Bingham
Counties was received with chagrin. In
both counties the resolutions adopted In
structed the state delegates to vote for
the convention nomination of Borah, but
made no mention of the names of Gov
ernor Gooding, Senator Heyburn nor Con
gressman French.
This appears to indicate that Borah and
his friends in Ada and Bingham Counties
intended a slap at the administration
This is not construed as an open declara
tion of war against Governor Gooding.
but it is construed as meaning that the
entente cordiale no longer exists between
these two men.
Despite the silence of Ada and Bingham
on the Governorship, it is conceded that
both delegations will favor the renominai
tlon of the incumbent state executive.
Governor Gooding and Mr. Borah are
here tonight, but are not having any
thing to say of the developments of the
day. .
Bingham Instructs for Borah. ;
BOISE, Idaho, July 26. (Special.)
Bingham County today instructed her
30 delegates to vote for Borah in the
state convention. A fight was antici
pated and Borah was there, and Brady
also. The struggle did not materialize,
however, and the resolution was adopt
ed unanimously. The state administra
tion was indorsed, but no instruction
was given on Governor.
DECLARE AGAINST MORMONS
Washington County Democrats Hold
Convention at Weiser.
WEISER. Idaho, July 26. (Special.)
The Washington County convention, the
first Democratic convention to meet in
the state in the present campaign, to
elect 13 delegates to the state convention
to meet at Coeur d'Alene City, August 6,
met in this city this evening. Nearly
every precinct in the county was repre
sented. Resolutions were passed affirming the
party's allegiance to the principles of
Democracy as taught by Jefferson, Jack
son and Bryan; recommending the in
dorsement of William Jennings Bryan by
the state convention for the nomination
for President in 1S08; reaffirming alle
giance to the Democratic state platform
of 1904, and favoring the enactment and
enforcement of laws prohibiting polyg
amy, adultery and kindred crimes; recom
mending the re-enactment of the Mormon
test oath as contained in the reused
statutes of the State of Idaho, section
671: indorsing the record of Senator Fred
T. Dubois, and recommending his nomina
tion lor re-election to that position by
the state convention, and denouncing the
Republican state administration as one
permeated with graft, bossism and dis
honesty, and a disgraceful example of
Mormon control and Interference In poli
tics, ana as being detrimental to the ad
vancement and welfare of the state, both
materially and morally. The following
were elected as delegates:
C. H. Dennison, J. H. Harris, E. T.
Vansyklin, Ed Ford. A. L, Freehafer, J.
H. Bolan, F. B. Smith, E. R. Coulter,
Frank Harris, P. H. B. Moulton. R. C.
McKinney, F. Callorvay, J. H. Anderson.
The delegates were unlnstructed as to
Governor.
No Inquest Will Be Held.
SPOKANE, Wash., July 26. The bodies
of Fireman Georsre Bell nnH it -m
combe, killed in the Great Northern
wrecs. near wamaen on Monday, were re
covered from Diamond Lake this morning.
Coroner McRae, of Stevens County, has
decided to hold no inquest. He says:
"There is no doubt the wreck was
caused by running at too high speed over
a dangerous piece of road."
MAZAMAS ARE DELIGHTFULLY
ENTERTAINED BY CITY.
Party to Ascend Mount Baker Is
Made Up In Large Part of
Experienced Climbers.
BELLINGHAM, Wash., July 26. (Spe
cial.) Bellingham proved a royal host, in
her entertainment of the Mazamas, and
was aided in her efforts by a perfect day.
Forest fires that had obscured the moun
tain when the party arrived had died
down, and during the day glimpses of
Mount Baker were had from many points.
During the morning the party visited
the Pacific American Company's cannery,
which was in operation, and the details
of salmon packing were explained. This
was followed by a run across the city to
Bellingham Heights, overlooking the city
and bay. Then to Whatcom Falls, where
lunch had been provided by the Cham
ber of Commerce.
F. F. Handschy, who made the ascent
of Mount Baker in 1900, spoke of the
dangers of the ascent and wished the
party a safe trip. C. H. Sholes, replying
for the club, spoke of the purposes of
the Mazamas, of their previous ascents
and their hopes for successful ascent of
Baker. The afternoon was spent in a ride
on Lake Whatcom, a beautiful sheet of
water 12 miles long lying in the hills back
of the city.
A survey of the party shows a greater
majority of the old climbers of the club
than have made up any of the previous
outings, and there are more than a score
of the real old guard of the club. The
party expects to leave Bellingham at 7
A. M. over the Bellingham Bay & Brit
ish Columbia Railway and arrive at
Glacier at 10 A. M. From this point they
will walk over a mountain trail 15 miles
to permanent camp at the snow line on
the mountain.
DEAD OF THE NORTHWEST.
Mrs. Kate Sagar.
OREGON CITT, Or., July 26. (Special.)
Mrs. Kate Sagar, wife of T. L. Sagar,
aged 57 years, died yesterday at the fam
ily home near Clarkes. She had resided
for 17 years in Clackamas County, and is
survived by a husband and ten children,
including three sons, who are in Alaska.
Robert Leutor.
VANCOUVER, Wash., July 26. (Spe
cial.) Robert Leutor, a newcomer to
this city, died suddenly from heart fail
ure at his residence on Twelfth street
last evening. He was a native of Can
ada and 62 years of age. He formerly
resided at Linnton, Or. A widow and
one son survive him.
Charles S. Merchant.
MARSHFIELD, Or., July 26. (Special.)
Charles 3. Merchant, the pioneer lumber
man of Coos County, and one of the
wealthiest men in Southern Oregon, died
tonight at his home In Marsh field after a
lingering illness of several weeks.
Jesse 11. Beam.
ONTARIO, Or., July 26. Jesse R. Beam,
a prominent farmer and stockman of
Ironside, died at Hot Lake from spinal
meningitis, aged 39. He resided in Mal
heur County from infancy and leaves a
widow and four cJiildren.
Newberg Man Finds Valuable Book.
NEWBERG, Or., July 26. (Special.) In
the March number of the Quarterly, is
sued by the Oregon Historical Society,
there was begun a reprint of an old book
published toy Overton Johnson and Wil
liam H. Winter in the year 1846, and
giving an account of an overland trip
to Oregon, as well as a description of
Oregon and California. A note in the
Quarterly stated that so far as" known
only two copies of this important source
of Oregon history were in existence, the
library of the University of California
and the Library of Congress each having
a copy.
Comment was made on the statement
by the Newberg Graphic, and a sub-
i scriber, J. I. Hadley, of Springbrook,
taking note of it, began a search through
some old books left by his grandfather,
whose borne was near Mooresville, Ind.,
and he was rewarded by finding a copy
of the book. It is from the press of John
B. Semans, Lafayette, Ind., and the copy
is well preserved. Mr, Hadley will prob
ably lend the book to the Oregon His
torical Society until such time as Pacific
College at Newberg shall have better li
brary facilities, when he will present it
to the college.
Commencement at Chemawa.
SALEM. Or., July . 26. (Special.)
The annual commencement exercises
of the Chemawa Indian Training School
will be held Sunday, Monday and Tues
day of next week. The baccalaureate
sermon will be preached Sunday eve
ning by Rev. W. G. Eliot, of Portland.
Monday afternoon will be devoted to
field sports.
Tuesday forenoon will be given to
inspection of the industrial, depart
ments. In the afternoon a band con
cert will be given and the graduating
exercises will be held. In the evening
an entertainment will be given. The
graduates are:
John Benson, Leon Parker, Fprtunato
Jayme, Asa Bagnell, Julie Selatsie, Liz
zie Galbreath.
Former Grants Pass Girl In Trouble.
SANTA MONICA. Cal., July 26. (Spe
cial.) Miss Grace O'Brien pleaded guilty
at Los Angeles to a charge of passing a
bogus check on the Angelus Hotel man
agement, and was released on probation,
it being shown by the testimony that she
is suffering from consumption. She had
been in jail four months. Miss O'Brien
was a chorus girl and the daughter of
Mrs. E. J. Edelman, of Grant's Pass.
OF TAXES
Present Oregon Law Believed
to Be Invalid.
WORK FOR LEGISLATURE
Each County Now Pays Sums to the
State Under an Apportionment
That Remains Fixed for
Five Years.
SALEM, Or., July 26. (Special.)
The decision of the Supreme Court de
claring invalid the tax exemption law
under which Oregon has been operating
its tax system for nearly 60 years fori
cibly presents the question as to what
the court would say of the plan for ap
portionment of state taxes, which will
go into effect in 1910. The constitution
requires that all property shall be sub
jected to equal assessment and taxation.
and because the householder s exemp
tion law violated that provision, it was
declared invalid
It is believed by many that the same
kind of a ruling would be made if the
court should, be called upon to pass
upon the validity of the law now on
the statute booker and under which ap
portionments will be made a little over
four years hence. The question is a
timely one now for the reason that the
next Legislature will be called upon
to enact a new tax 'law and this fea
ture of such a law will come up for
action.
That lawmakers will not be able to
agree is indicated by the fact that this
question is the most Important one
upon which the members of the Oregon
Tax Commission could not agree. The
divergence of opinion was so great
that one member felt compelled to file
a dissenting report. F. W. Mulkey and
E. B. Seabrook approved the present
plan, while W. J. Lachner pronounces
it unconstitutional.
Apportionments of state taxes among
the several counties are now made
upon a fixed ratio, which was deter
mined in 1901 by taking an average of
the county assessments for five years
and computing the ratio of valuations.
Each county was required to pay state
taxes in proportion to the relative
average assessed valuation for the five
years. This method is to remain in
force until 1910, so each county now
pays a certain part of the state tax,
regardless of the value of the property
in its borders.
If a fire should wipe Portland from
the map or the discovery of oil should
make' Marlon the wealthiest county in
the state, Multnomah and Marion, under
the existing law, would continue to
pay the same proportion of the state
tax until 1910.
The statute provides that County
Clerks shall make annual reports to
the Secretary of State, showing the
amount of their expenditures for all
purposes except the building of roads
and highways and that in 1910 a com
putation shall be made to ascertain the
average expenditures in each county
for the preceding five years and that
for the Succeeding five years each
county shall pay state taxes according
to the ratio. of its expenditures to the
entire expenditures of all the counties.
In other words, the plan contemplates
the apportionment' of the tax burden,
not according to valuation of property
but according to the amount of money
expended for the maintenance of coun
ty government.
The majority report of the tax com
mission commends this plan, declar
ing it very nearly Ideal. The commis
sion particularlv commends this plan
because It has solved the problem of
preventing the several counties from
engaging In a competition to see which
can make the lowest relative property
valuation. Prior to 1901, when the ap
portionment was made according to
property valuation, each county re
duced its valuation so as to escape
a portion of the state tax burden.
Since the fixed ratio has been in force.
this practice lias entirely ceased, for
the motive Is gone. Keauction oi valu
ations does not now enable a county
to escape a dollar of state taxes.
Speaking of the present plan of ap
portionment, the commission says that
"it is full of the Inequalities which
were incident to local assessments, but
bas the merit of being fixed and does
rough "Justice between the counties."
It may be added thafthe fixed ratio
plan has been so fruitful of good re
sults that no county has ever made an
objection to trie system. Speaking- of
the plan which will go into effect in
1910. the commission says:
Apportionment in accordance with expenses
has the merit of fixing the amount of tax
to be paid by each county in exact ratio with
its capacity to expend for Itself. Its tax
paying capacity is made equal to its spending
capacity. The Income and expenses of a
county have a fixed relation to each other.
.Practically, the apportionment Is on the
county's Income as well as Its expenses.
Economy must be the result both in state
and county. Inasmuch as a reduction of
county expenditures will reduce the state tax
proportionately. Again, It furnished the In
centive to the taxpayer in each county to
keep down state expenditures, thereby result
ing in reduced amount to be apportioned for
state purposes.
Not only do we believe such a system of
apportionment to be economically sound, but
practically we believe it to be absolutely fair.
The commission further shows that
the apportionment according to expen
ditures would be almost the same as
apportionment according to assessed
valuations at the present time, so that
the plan to go into force in 1910 will
do substantial justice.
- But against the practical workings of
this law stands the proposition that it
is not in compliance with the consti
tutional requirement that the Legisla
ture shall provide by law for uniform
and equal rate of assessment and taxa
tion. And it is upon this proposition
that W. J. Lachner based his minority
report. He contends that the appor
tionment must be made according to
property valuations and not according
to the amount of money a county ex
pends. The fact that the variation
may be slight he considers of little im
portance. If the plan of apportionment violates
the fundamental principle of equal rate
of assessment and taxation, Lachner
contends that it cannot stand the test
of the Supreme Court. And since the
Supreme Court has knocked- out an
exemption law which has been recog
nized as valid for half a century, the
question is presented with particular
force whether the apportionment plan
to go into operation in 1910 would meet
the same fate.
Tne question is one that must be de
cided by the next Legislature, for there
will not be another session until 1909
and if a change is to be made in the
law it should be made not later than
1907 in order that the new system, if
one be devised, may become known and
understood before it becomes operative.
While it would be possible to enact a
law in 1909 governing the apportion
ment to be made in 1910, there would
be more likelihood of confusion than
if the new plan of apportionment were
made in 19J7.
The Legislature of 1907 will have the
report of the Tax Commission before it
and will be devoting a great portion of
its time to the discussion of tax legis
lation. It is therefore practically ter-
DVISIQN
taln that the coming session will set
tle the question wheti r Oregon shall
risk an adverse decision of the Su
preme Court by leaving the present law
of apportionment unchanged.
Passes Up to Equalization Board.
HILLSBORO. Or., July 26. Assessor
Wilcox estimates the household exemp
tions at $700,000. He has commenced to
compile the assessment roll, and says he
will make no changes, but would com
plete the roll as originally . contemplated,
and the Board of Equalization could or
der the exemptions stricken off and the
full amount of taxable property taxed.
This he believes -the sinyi;er plan.
Muddy Water Holds Back Salmon.
. c Tno T i rw Tulv 96 fSnecial.) The
run of fish' below Sand Island still con
tinues good, and the gillnetters are mak-
i ; 1 .. nu4 patchAfl hilt DraCtlcallV
no fish have yet started up the river.
This is no doubt due to tne muaay water.
The upper river is. however, Deginning
n and fich mav be expected to
start for the spawning grounds in a day
or . two.
Stage Manager Drops Dead.
t sa ktitt .tr.Q Tnlv 26. Edward Ens
lander, aged 65, stage manager of Flsch-
.' ThaatA rl ,-nTITlil H P ( Oil the StSgO
of the theater at 8 o'clock this evening.
a few minutes before tne curiam rose.
Death resulted from heart disease.
FAINTS FROM THE DISGRACE
TACOMAN ARRESTED FOR PASS
ING FORGED PAPER.
When He Faces His Wife In Jail
Office, Jesse Gilbert Drops
to the Floor.
TACOMA, Wash., July 26. (Special.)
Jesse U. Uiloert, arrested a lew aays ago
for passing worthless checks, fainted in
the Sheriff's office today when he con
fronted his wife, after having been admit
ted to 300 bail.
Gilbert is the senior member of the firm
of Gilbert & Hansen, paperhangers. He
states that this is the first time he has
ever been in trouble, and that the dis
grace is crushing. He has always borne
an excellent reputation. Gilbert explains
his actions by saying he was drunk.
Mrs. Gilbert became hysterical over her
husband's condition, and was rapidly ap
proaching a faint when smelling salts
were applied. In the meantime the Sheriff
and his deputies were making beroio ef
forts to revive Gilbert, and finally brought
him to. A carriage was called and the
party was sent home.
Before he left, Gilbert told the Sheriff
that he became overwhelmed by the sense
of his disgrace when he came face to face
with bis wife.
Aspirations of Aberdeen,
ABERDEEN, Wash., July 26. (Spe
cial.) The necessary amount of signa
tures to a petition asking that Aber
deen be made a city of the second class
has been secured. Taxpayers to the
number of 200 have signed the docu
ment and it will now go to the County
commissioners for action, ne popula
tion of Aberdeen has been shown to be
over 10,000, which will, under the law
of the state, make it a city of the sec
ond class.
Aberdeen will gain considerably by
the movement- Its number of Council
men will be increased, its School Board
will have five members instead of three
and the bonded indebtedness may be
increased to the end tnat certain nec
essary Improvements be carried for
ward, i
Surveyors on North Bank.
ASTORIA, Or., July 26. (Special.)
Reports received here today are to the
effect that there are two gangs of
Northern Pacific engineers on the nortn
bank of the Columbia River, going
over the former surveys and buying
rights of way. One of the parties is
working at Brookfield and the other is
at Oak Point.
Mr. Savage, of the company's land
department at Tacoma, appears to be
In charge of operations and he is now
at Cathlamet. The engineers have
chartered the launcTies Ethel and
Queen, of this city, for a period of four
months.
MAY NOT SEE PONIES RUN
SEATTLE. POLICE OFFICERS
LOSE A IilTTLE GRAFT.
Chief Wappenstein Forbids Accept
ance of Work at The Mead
ows When Off Duty.
SEATTLE, Wash., July 26. (Special.)
Chief of Police Wappenstein tonight post
ed an order forbidding police' officers from
accepting any work outside the city lim
its while off duty, and warning his men
against attending the races. This order is
directed at half a dozen men who have
been employed while off duty as peace
officers at The Meadows. These men
have been paid $4 an afternoon for stand
ing about in uniform. There has been
no occasion for their interference.
The Meadows is located outside the city
limits, and police officers have no author
ity to do anything but inspire awe. The
officers who have lost their soft berths
are indignant tonight. Chief Wappen
steln's orders against prizefighters, while
affording protection to the racetrack, has
excited adverse comment that led to to
night's drastic order. .
Clackamas Farmers Are Happy.
OREGON CITY, Or., July 26. (Special.)
There is an abundant yield of all hay
and grain crops in Clackamas County
this year that surpass the average in
quality. Early fruits and vegetables
yielded heavily, while the vineyard, field
and orchard with maturing crops give the
producer ' every assurance of increased
prosperity with the harvest.
In celebration of the large anci satis
factory crops, a number of harvest festi
vals have been held and others are being
arranged. It has been years since Clacka
mas County farmers were as prosperous
and contented as this" year's favorable
conditions find them.
Trial of MiIwankee,Today.
SANTA BARBARA, Cal., July 26. The
weather permitting, the endurance trial
of the cruiser Milwaukee will be held to
morrow morning. The contractors have
had a full day since the standardization
trials to overhaul the machinery and get
the big vessel in first-class condition for
the supreme test of Bpeed and endurance
that the four-hour run will constitute.
Members of the trial board expressed
the hope that the test will be made to
morrow, as the trial board must leave
Immediately for the East to be present at
the final test of the Rhode Island.
Government Takes Sunnyslde Canal.
NORTH YAKIMA. Wash.. July 26.
(Special.) The Sunnyslde Canal was for
mally taken over at a o'clock this evening
by Engineer T. A. Noble, of the Reclama
tion Service, for the Federal Government.
INTERESTING LETTER
WRITTEN BYA NOTABLE WOMAN
Mrs. Sarah Kellogg of Denver, Color
Bearer of the Woman's Belief Corps,
Bends Thanks to Mrs. Pinkham,
The following
letter was written
by Mrs. Kellogg,
of 1628 Lincoln
Ave., Denver,
CoL.toMra. Pink
ham.Lynn.Maas.: Dear Mrs. Pinkham :
" For five years I
was troubled with a
tiimnr whirh Iran
hKeVcgg growing.causingme
intense agony and
great mental depression. I was unable to at
tend to my house work, and life became a bur
den to tne. I was confined for days to my bed,
lost my appetite, my courage and all hope.
" I could not bear to think of an operation,
and in my distress I tried every remedy which
I thought would be of any use to me, and
reading of the value of Lydia E. Pinkham s
Vegetable Compound to slcltwomen decided
to give it a trial I felt so discouraged that I
had little hope of recovery, and when I began
to feel better, after the second week, thought
it only meant temporary relief; but to my
great surprise I found that I kept gaining,
while the tumor lessened in size.
" The Compound continued to build up my
general health and the tumor seemed to be
absorbed, until, in seven months, the tumor
was entirely gone and I a well woman. I am
so thankful for my recovery that I ask you
to publish my letter in newspapers, so other
women may know of the wonderful curative
powers of Lydia E. Flnkham'i Vegetable
Compound.'
When women are troubled with irreg
ular or painful periods, weakness, dis
placement or ulceration of the female
organs, that bearing-down feeling-, in-"
flammation, backache, flatulence, gen
eral debility, indigestion or nervous
prostration, they should remember
there is one tried and true remedy.
Lydia E. Pinkham's Vegetable Com
pound at once removes such troubles.
No other medicine in the world has
received such widespread and unquali
fied endorsement. No other medicine
has such a record of cures of female
ills.
Mrs. Pinkham invites all sick women
to write her for advice. Sheisdaughter-in-law
of Lydia E. Pinkham and for
twenty-five years under her direction
and since her decease has been
advising sick women free of charge.
She has euided thousands to health.
Address, Lynn, Msss.
Remember that it is Lydia E. Pink
ham's Vegetable Compound that is curing-women,
and don't allow any druggist
to sell yon anything else in its place.
He went to Zlllah this afternoon and took
charge of the office of Superintendent
Walter N. Granger. At the time of re
ceiving the keys and books of the com
pany he telegraphed the fact to Secretary
Hitchcock, of the Interior Department,
who in turn authorized the payment of
J250.000 for the canal.
Water to Be Kept Pure.
MONTESANO, Wash., July 26. (Spe
cial.) The suit which was brought a few
days ago by the Montesano Light &
Water Company against the Chehalis
County Logging & Timber Company, to
enjoin the latter from contaminating the
water supply of this city by continuing
logging operations upon , the streams
which form the source of supply, has
been before Judge Mason Irwin, in the
Superior Court here, for two days thl3
week. Yesterday before the case was
called for final hearing the contending
parties got together and effected a com
promise, toy which the logging company
will defer further operations until the
water company can complete the flumes
which it is now building to a new source
of supply, which will be far removed
from the possibility of contamination.
Salmon Packed in Cleanly Manner.
BELLINGHAM, Wash., July 26. A spe
cial to the Herald from Vancouver, B. C,
announces that the Canadian Fisheries
Commission, appointed to investigate the
salmon-canning operations of the Pacific
Coast, has Just filed its report at Ottawa
as follows:
"Without exception, we found condi
tions satisfactory. The' salmon were
placed in cans In an absolutely fresh con
dition, and in a most cleanly manner.
We found no cause for complaints."
Portland Man Arrested at Wallula.
WALLULA, Wash., July 26. Hugh
J. Callahan, of Portland, was arrested
here Tuesday, charged by J. A. Scott,
a Spokane bartender, with the larceny
of a watch and other valuables. Tho
articles were found in the possession
of Callahan, and Judge Lewis bound
him over to the Superior Court in the
sum of (500. He was taken to the
county jail.
Railroad Crossing at Washougal.
VANCOUVER, Wash., July 26. (Spe
cial.) The Clark County Commission
ers, with County Surveyor F. J. Bailey,
spent the day yesterday at Washougal
working on the proposed railroad cross
ing over the north bank railroad grade
at that place. It will take considerable
time to get the matter of crossing the
county road at this point settled.
Three-Story Building for Rainier.
RAINIER, Or., July 26. (Special.)
Contract was let today by M. Ellis &
Co., for a three-Btory concrete building.
It is to be a modern building with full
glass front. This is the third contract
signed'in the past 30 days for concrete
business houses.
The first line of a sewage system is be
ing laid this week.
U
Toothsome
Flavor"
True for you, there's a treat in the crisp,
nutty, delicate, sweet taste of Grape-Nuts
served with thick rich cream.
-(Don't spoil the food by trying to cook
It. That work is done perfectly at the
factories.)
The cream should soften it a bit, but
not enough to excuse the eater from at
least a few good earnest "chews," for old
Dame Nature sends rich blessings to the
long chewer. Of course the one with
weak teeth can soften the food with milk
down to a mush, if necessary, but the
good old Dame doesn't smile quite so
cheerfully on them.
You know children and adults must use
the teeth and grind freely to make them
grow strong and to preserve them. Then
the act of chewing Drlngs down the much
needed saliva from the gums, and that
helps amazingly in the digestion ot foods
of various kinds.
The saliva is not so much required with
Grape-Nuts, for this food Is pre-digested.
tTst Is. the' starch turned into a form of
sugar in the process of making, and that
helps give it the fascinating flavor.
Grape-Nuts people are healthy and en
Joy good things. "There's a reason."
jUrj. Jura