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About Bedrock democrat. (Baker City, Baker County, Or.) 1870-188? | View Entire Issue (Sept. 30, 1874)
j may arise from the sale of said ' info the State Treasury. This will to some controlling authority, oth j School and University Lands to the ! inclu e the said Five Per Cent, fund erwise it wifi be ineffective and in- j County Treasurers of the counties in ; default of $5.424 24 arid will re- jn nous t e t h e c i t v . Governor Hoffman, of New York, ! which the lands are located, and I store the f und co m p le te . The ace-n- who had great opportunities of o b ahall be loaned by said Treasurers,” mulations intothi* fund will contin servation, remarking up n the gov etc., etc. ue until sal.-s of the public lauds ernment This section came under the ad of the City of New York, ; within the Slate shall cecse. _ said in his annual message of 1872i judication of the Supreme Court of Thus far the account of this fund this State at its present, session nnd ! rendered to the. State, bv the Depart- “ No good government can be secur was held by the Court to be void, ! P(t to any great city unless it shall ment of the Interior, has included for the reason that it, was in direct the sales only tr ade for cash. It has j have one responsible bead, iu whom conflict with Section 5 of Article V II I shall be vested all executive power been urged liy several States, inter of the Constitution, which devolves ested in like manner as our own, I and to whom, as the elected repre- upon the Board of School Land j 8entative of l he people, all depart that a percentage all lands disposed of for a consideration should be in ments charged with executive' du Commissioners solely the duties here cluded in the account of sales.^ The ties shall be directly and summarily specified to be done by County Trea- urers The Code Commissioners have State of Iowa has made_ a special eff responsible and accountable.” I recommend that the Portland arrived at the same conclusion, any ort before the Commissioner of Gen Police Law be so amended as to have so stated in a note to the text of eral Land Office to secure a ruling make the Mayor the responsible the new Code. to this effect upon existing law. but Anticipating such a result whenev thus far without succès. It would head of the Police system of the er the question should be raised, the citv. appear but just after having pledged T h e Code. Board lias uniformly required all to the several new States five per It is customary in other States and transactions by County Treasurers cent, of the net proceeds of sales of all the public Lands within their has been the practice in this State touching these funds, to be in t,be borders, for the purpose of Internal to provide by law for a compilation name of the Board, so that the State Improvements, that in all ‘cases of the statutes, at least once in ten might not suffer for the want of where the public lands mentioned years. Such a compilation has been proper and sufficient securities, and have been disposed of for a consid made in pursuance of the Act of last an effort has been made to carry out eration to the United States.not im Assembly providing “ for collecting, the letter and spirit of this unconsti mediately beneficial to the State, as compiling arid printing the laws of tutioual section of said Act as near in case of Soldiers’ Bounty Lands, Oregon,” approved Oct. 22, 1872.— as circumstances would permit. I would reccooiend that an Act be Agricultural College Land scrip from Upon the completion of the work by other States, permanent Indian Res the Commissioners, and after its ex passed providing for agents in the ervations and like permanent dispo amination by the governor, and the several counties, to be appointed by sals of the public domain, the five Secretary of State, and its accept the Board, who should act under its percentum allowance should be made ance by the Governor as required direction. Bonds should be requir to the State on their minimum value. by the statute, the State Printer ap ed for the faithful performance of A proper presentation of the sub peared and demanded the manu duties and compensation be provi jeet, by memorial of the Legislature script compilation for printing The ded for services. This interest is too grave a one to to Congress, might faciliate the pas Act referred to required the Gover sage of An Act recognizing the just nor, to advertise the w-ork of print be lightly or inconsiderately disposed right of this State to be allowed five ing and binding, and to let the same of. The report of the Board, show per centum of the net proceeds of to the lowest responsible bidder and ing specifically the amount of land ail public lands dispored of within contract with such for the doing of sold ana bunded, arid the name of each purebacer, nnd minutely all its he r borders wherein the State was the work. The State Printer insisted that he transactions for the past two years, not interested. .was entitled that he was entitled to prepared by the Clerk, Thomas H. C om m on Scliool F n m l. The The Irreducible Common School do the printing, notwithstanding Cann, is herewith submitted Fund arising from the sales of the this provision of law, on the ground Board has held monthly sessions to sixteenth and thirty sixth sections that by the 1st Section of Article 12, hear aud determine all conflicts of in each township of the public lands, of our State Constitution, it is pro right between applicants for land, and from those taken in lien thereof, vided that the State Printer “ shall aud between settlers claiming the had reached, two years ago. the sum perform all the public printing for same land. Full records have been of $450,000. The sales of the public the State which may be provided by kept of all proceeding, as in a Court of Record, and duplicate originals lands of the State have been slow law. Deeming it my province to exe have beeen preserved, in bound vol during the last two years, owing to the stringency of the money market cute the laws as I find them upon umes. of ail deeds executed. As the extra duties of segregating during that period. But a fair pro* the statute book, I declined to de gress has been had in these sales, liver the manuscript to the Public and disposing of the Swauip Lauds, indicating a healthy growth of the Printer, but proposed to advertise and of the Tide Lands, as other du State, and steady increase in the for the printing, as by said Act di ties, have been aiso devolved upon Common School Fund. The whole reeted. At this juncture a proceed this Board by statute, in addition to fund now in the hands of the Board ing of mandamus was instituted by the duties created by the Constitu of School Land Commissioners and the State Printer before Associate tion, it is probably the most labori of the local agents of the Board in Justice (now Chief Justice) Bonham ous organization iu the State- The the several counties, amounts to the asking an order that the Governor woik done by the Board of Sohool (Ie1iver~sa4d copy to him, the State Land Commissioners, in Oregon, is sum of .$504,216 46. done in other States by Surveyor In relation to the management 6Î Printer, to be printed. Generals, State Land Office, Board The Governor accepted service, this, I would repeat my recoin men dation of two years ago. which was and agreed to a stipulation of facts, of Swamp Laud Commissioners, and that the Court should determine Tide Laud Commissioners, and the as follows “ The efficient wbrk of the Board the law. On full consideration of School Fund Commissioners—all is swelling the amount of education the subject,.on the 26th day of Jan separate and distinct officers, having al funds to such importance that uary last, the following conclusion ^compensation as such. It has been fouud necessary to more complete provision should be was reached and made a record in employ a Recording Clerk of this made for the custody and control of the case: funds in the hands of local agents, “ The Cq-'(rt finds that tiie kSt of Board, unuer authority of Section 12 and particularly in reference iue the Legislative Assembly, approved of the Act of October 28, 1868, and collection and return of interest for Oct. 12. 1872, entitled atPact for col the special provision of the law of distribution to the schools. Local lecting. compiling and printing the last session making appropriation for agents should be required to give laws of Oregon, so far as the same that purpose. bonds to the Board for the safe ensi- requires the Governor to let the Previous to 1868 the members o f tody of the moneys in their hands, printing of the laws therein p rovid this board were compensated for their and for the faithful performance of ed for to the lowest bidder, is in services at the rate o f four hundred contravention of Section 1 of Arti per annum. The provision making their official trusts.” cle 12 of the Constitution of the this allowance was repealed at the U n iv e rsity F u a t . The total grant of public lands to State, and so much thereof is void. session o f that year, for the reason the State for the support of a Uni Therefore it is ordered and adjudged that the Board was inoperative. All versify is 46,080 acres. Of this by the Court that the plaintiff here the arrearages o f work have been amount there have been sold by deed in is lawfully entitled to the posses brought up during the past four and bond, 19.905,55 100 acres — sion of the manuscript or an authen years, together with the multiplied There consequently remain unsold, ticated copy thereof, o f such com duties of that period, in addition to piled laws, for the purpose o f print the legitimate duties of the chief 26,174 80-10!) acres. ing the same as required by the Con offices of the State; and all without A g r ic u ltu r a l C ollege F u n d . stitution of this State ” compensation as a Board. This fund has but just .begun to S a lm » a F is lu ifie s . Upon this adjudication, which was accumulate for the reasqn that it The salmon fisheries of the Colnm- consonant with the views of the has been but a short time since the bia River are assuming such impor lauds belonging to this fund were Commissioners the manuscript was taued that I take occasion to call approved at the General Land Office. delivered to the State Printer to be your attention to the subject. The There have been but 257.92-100 acres printed. The binding was advertised and product of these fisheries was scarce deeded and 480 acres bonded. The let to be done by the lowest bidder, ly noticeable four years ago, but last fund arising therefrom is $1,844 80. at $1,15 per volume; a price much year it approximated one million lâtigaiit Law. lower than any public work of the dollars iu export value, and for the The enactment of the law for the k in d has ever been before done id season of 1874 exceeds a million and protection of litigants, by the Leg this State. a half. islative Assembly of 1870, has given This river bearing to the ocean a The three thousand volumes re rise to much discussion as to the ne quired by the Act to be printed have volume of water hardly less than that- cessity and propriety of the Act.— been completed and bound, forming of the Mississippi, pure, cool, and There are manifest good reasons why a complete volume of 922 pages.— generally unobstructed by ice in its there sh mid be some specified jour The work was carefully executed nn lower extent at all seasons, is doubt nals author zed to publish all legal der the personal supervision of less the best salmon producing river advertisements, and that the rates of Judge Matthew P. Deady, one of the in the world. We have been accus publication should be fixed by law. Commissioners, and is of intrinsic tomed to think that this fish product Two years ago a bill was passed re vultie to the State and to the legal was inexhaustible. But the river pealing this Act, but the repealing profession. fisheries of all countries, where the bill was vetoed on the ground that The State Printer has not allowed laws have not intervened for their the original Act, requiring a specific the publishing of any copies of this preservation, have one uniform his undertaking to do the litigant pub Code, except the number authorized tory—first decimation, then destruc lishing; and. upon the filing of such by law, so that the State can derive tion. undertaking, the statute declared the full benefit of the sale of the At one time the salmon frequented that the publisher should hold the work. all the rivers of Great Britain, but privilege during the term of th - ap- Tfie cost of Code printing by the have been driven out of many of pointing power. Deemiug that this State Printer will, lam informed, be them by the turbid, poison waters created a vested franchise for the about $18,000. The rates of sale of from the seivers of 'manufacturing term named, I declined to approve this work should be fixed by law at towns. the bill. But the term specified in a price which will reimburse the By the construction of fish ways the Act having expired, the Act ist State for the expenditure. and by stringent regulations of law now subject to repeal. An impression has prevailed to limiting fishing to certain seasons of P o rtla u d P o lice B ill. some extent that the decision of the the year, days of the week and hours The best method of governing Court pronouncing one clause of the of the day, in which it shall be law Americau cities is an uusolved prob recited Act to be void, annuls the ful to take fish, the run of salmon, lem Great abuses have been suf whole Act. This is au error. The much diminished, has of late years fered both in general management body of the Act is as valid, and as been increased in several of the" riv and in the administration of Police operative, as though the condemned ers of Scotland and Irelaud. Departments, To meet an evident clause had never been inserted there The Shad of the Middle States, a necessity, four yeprs ago a law was in. fish which, like the salmon, makes passed by the Legislature reorgan B oard o f Sch o o l L and Commissioners. its annual excursions from the sea, izing the Police Department of the The labors) of the Board of School has been lost to several rivers once City of Porland. In the new system Land Commissioners have been con filled with their roving millions. the Governor of the State is requit tinued with efficiency. This B ard They were destroyed by reckless ed to appoint the Police Commis is constituted directly by provision fishing, and cut off from their spawn sioners, who have full control of the of the State Constitution. ai?d is com ing grounds by mill dams. A live subordinate organization and work posed of the Governor. Secretary of ly interest is now manifested ing of the Police force. This law is State and State Treasurer, and chs-rg throughout the States borderiug on in contravention of the general prin ed with the duty of selling the School the Atlantic sea board, seeking by ciple of local self government, and and University Lands, and investing fish culture, not only to recover lost should be changed as soou as prae the funds arising therefrom. By fisheries, bur to create new ones, and tic-able. I think the time has arriva Section 6 of the Act of October 28, to iut reduce species of fish valuable ed when the change can safely be 1868, regulating the sale of these for food, not before known in those made. Peace and good order have lauds and providing for the manage waters. been maintained in Portland since ment of these funds, it is enacted In Oregon we have, in great abun the adoption of the present system. “ that the Board of School Land dance, two of the best river fishes in N,o change should be made without Commissioners shall pay over all the world, the salmon and the trout. making the Police force responsible moneys now in $heir han^s, or that To preserve these is worthy of care- . rush such evidence, and in such manner, of the character of these lands as the Department of'the Inte rior shall prescribe. All the swamp and overflowed lands have been listed in duplicate and reported in that, form to the Surveyor General of Oregon. authen ticaied in manner as prescribed - by that office. One of these Tsts has been by him forwarded to the Gen eral Land Office. The magnitude of this interest is greater than at first supposed. The southeast quarter of of the State, not yet surveyed, and but very little explored, appears, by latest information, to be occupied be tween its mountain ranges by a sue cession of ridges, hills, lakes, and marshes, all productive and val table The securing of these lands, is the more important for the reason that, the residue of their proceeds after paving the Wagon Road warrants is devoted to one of the most impor taut public projects which 1 as at tracted notice in this State. I refer to the construction of the Portland, Dalles and Salt Lake Railroad. T id e L a n ds. The title of the State to the tide lands upon her sea coast and rivers was first brought to public attention in this State in my last biennial mess age. I then state:! that “ these lands belong to the State by virtue . of its tovtr igniy, or the right of eminent domain, independent of any title from the General Government.” But in the public mind these lands are confounded with the swamp lauds. The titles of the two classes of .property' are essentially distinct and different. The former .does not de pend upon a grant by Congress; the latter does. The title to lands be tween the ebb and flow of the fide has been in controversey in other States, and final adjudications by the highest tribunals have determined the right to be originally in the States. In the case of Pollard et al vs. Hagan, reported in 3d Howard, 212, the plaintiffs held a tract of tide land in Alabama by patent from the United States, which, after contro versey, was specially confirmed by two several Acts of Congress. The defendant held under a deed from the State, and proved that the prem ises were covered by water at com mon high tide. The Case was a Lad ing one, and was ably argued and fully considered. The Supreme Court of the United States he.d: “ First. The shores of navigable waters and the soils under them were not granted by the Constitution to the United States, but were reser ved to to the States respectively. “ Secondly. The new States have /the same rights, soverignty and ju r isdiction ,over this subject as the •original States.. “ Thirdly. 'The right of the Uni ted'Statesfto the public lands, and ¡the power of Congress to make all Heedful rules and regulations for ‘ the sale and disposition thereof, con ferred no power to grant to the plaintiffs, the land in controversey.” “sin this case a United States patent was set aside, and two acts of Con -.gaess touching the title to the prem ises was declared void, and the right -o f the State to the tide land« by vir- rtue of her (Sovereignty was sustain « ed. (This doctrine was recognized and 4 eaforced by the Supreme Court of California in the case of Farrisli vs. ..Goon, 40 California Reports, 33. In • Ibis case salt marshes had been se lected and approved to the Slate as a ; part of the five hundred thousand acres granted by Congress by Act of ■ September 4. 1841, for Internal im provements. The land had been gold by the State to private parties •and had been improved at great ex pense, and had been held in private possession nearly twenty years. But the Court set all the conflicting rights aside, and awarded the p rop erty to the custody and disposal of the Board of Tide Land Commission ers as lands held by the original ti tle of sovereignty. I have thus suggested the tenure by which the State holds the tide lands, in order to give a clear idea of the power of the Legislature over themvand of the propriety of distinct and complete enactments for then- disposal. The Tide Land Act passed two years ago is very defective. Its force is limited to land abutting or fronting upon or bounded by the shore of any bay, harbor or inlet on the sea coast of this State. This limit should be extended to all lands within this State abutting or fronting upon the Pacific Ocean, and upon nil waters confluent thereto, and lying be tween the ebb and the flow of the tide. The body of the act also requires careful revision, embodying more ex plicit authority for the Board of School Land Commissioner to make disposal of these lands. T h e F iv e p e r C ent. F a n il. The total amount derived from the five per cent, of the net proceeds *of sales of the public lauds within the State enuring under urovisions of the Act of Congress of February 14, 1859, admitting Oregon into the Union is $23,956 69. In my last biennial message it was stated that the sum of $5.424 25. be longing to this fund, had been with drawn bv the former Sect-etarv of State. Suit has been instituted on the part of the State, against the late Secretary and sureties on his official bonds, to recover all moneys on account of which that officer was in default. A final judgement has been recovered in the premises amounting to the sum of $10,558 94. for wihch execution is now out against said sureties. It is probable that the whole »»p u n t will be paid ful legislative enactments. F ilo io v® a n 1 T o w a g e on tlie C oln ia- J A S - W . V IR T U E , foSo a an?. W i l la m e t i © R iv e v s . Y o u r sp ecia l a tten tion is c a 'le d BAKER CITY, OREGON, to fhe necessi y f more s u b a b f fi and B R O K E R A N D A S S A Y SR certain regulations of pilotage and DEALER towage on the Columbia and W illa mette rivers. It is most important X>■ to our rapidly increasing commerce 3133 . C 3 r o l d that these regulations should be —AND— just, discriminating and efficient. GOLD AXD SILVER BARS, H a r b o r M asters. The number of foreign vessels des tined to arrive in ballast, at the ports of Portland and Astoria, for the pur pose of transporting the surplus products of this State, suggests the necessity of enactments providing for the regulation of these harbors and the appointment of harbor mas* ters. No considerable compensation will be necessary. [Conclusion Bext week. | —ALSO— EXCHANGE m E E R B A O K S. Office— First door north Odd Fellow’s Hall 1 n49v2tf J ^ i H i s a awiaSMtaasu-eiwiVi aBKMMBmBKsa; n i i f r ® T. P. IIENDERNSON, MAIN STR EET, BAKER CITY, D e m o cra t. Manufacturer anti Dealer in HARNESS anB SADDLERY J. M. S H E P H E R D . E d it o r . OF EVER Y D ESC RIPTIO N, CHEAP FOR B a k e r .C ity , S e p t . SO, 1 8 7 4 . THB! B E D R O C K D E M O C R A T a s tlie l a r g e s t C ir c u la t io n G A S . o f any P a p e r Piifolislietl in E a s te r n O r e g o n . C ir c u la t io n Ti . Repairing done with neatness and dispatch at Reasonable Prices. Baker City, Sept. 30, 1874.n21tf G i ’a-iid [R a ffle . 1 ,0 5 0 c o p ie s . The Celebrated 1 rotting Stallion, B E L F O liN D E R ,' O F F IC IA I. P A P E R For tue Counties o f Also the very promising four year old «on- of Belfounder, 13n ic e r a n d O r a n t . Stonewall, W ill be disposed of at Raffle. XT” The B edrock D emocrat has more paying subscribers in Baker j County, than has any other two papers pub- | Belfounder is a dark bay, 15% hands high lished in the State. We put no man’s name > weighs 1,025 pounds, and for symmetry of on our subscription list unless we have orders form cannot be excelled. As a trotter, h'e is noted on the turf, having trotted against os to do. George Wili.es on Long Island, in 2:28H. His colts are of the mostpromising character A Correspondent of the Oregonian, for first class Roadsters and Trotiers. PED IG R EE. bona Tickets. Legal Tenser, f id e , writing from Salem, says the railway . ,, _ . . . . , . . , Belfounder was sued by Tattersall’s Bel- p o t is b e g in n in g to b o i l v i g o r o u s ly , founder, he by Imported Belfounder, his clam The Eastern members, and others es- by Abaallah. Belfounder sdani is byEngiu- . , eer, her dam by Plato: Engineer and Plato, p e o ia lly e n g a g e d in p r o m o t in g th e j are by Imported Messenger. C jsbtifioate .—I certify that I am well ac- Portland and Salt Lake route, bad a 1 quamted with Dr. Mack's horse, belfounder- meeting last night but did not come have had the care of him this season, near Walla Walla. H e is active, vigorous, and a to any very definite understanding. very sure foal getter. The new Company organized over LAFE GRIFFIN. Stonwall is a beautiful Iron Gray Gelding, Cal. Chapman’s Company seems to nearly 16 hands high, of fine proportions and have given rise ta considerable feel- high style; has been driven double and sin enough to show superior action as a road iog in some quarters. I am inform* gle ster or trotter; has not been trained. The horses will be delivered free of charge ed, and have reason to believe, the at Boise City, I. T ., or to the parties winning new organization is misunderstood them. The-highest number thrown iu the by those who think it hostile to the Raffle win« Belfounder; the lowest number wins- Stonewall. Colonel’s enterprise; but it is going As a guarantee o f fairness, Hon. John Hai to be difficult to get the ma ter un ley will act as umpire at the Raffle, which wiil come off as soon as the tickets, 200 i& derstood in that way. I am afraid number are sold, C. H . MACK. the result will be damaging (, q t’ ;s Boise City, I. T ., Sept. 14, 1874.n20t£ whole cause. Examination o f leach ers. The Wianemucca fc’ueme finds lit tle oppositiqn of an open character. WILL BEA PUBLIC It Gonflicts with none of the rest, rpHERE I Examination of Teachers field at tfie Court House, in Baker City, on is disposed to be friendly to all. — . ■— # I » ----------- 5 .... We are under obligations to Hon. C. &■ Chandler for favors from the Capital1. Mr. Chandler has introdu ced, and is pushing through the House, of which he is a member» a Homestead Law. Hon. J. W. Wis dom has introduced a bill to incor porate Baker City, in accordance With a petition from our citizens to that effect. Our members are all doing their duty. Mr. Reynolds, of Grant County, did not oust Bart Curl. H abit P u s h e d .— Some of the offi cial third tenners are now trying to face the aspirations of 6?rant for a third term by the statement that Gen Andrew Jackson once had made up his mind to run for a third term. Of course this is a lie out of whole cloth and an awkward one, too. They might with as much plausibility ac cuse Jackson of having fought for the English at New Orleans. The old hero loved his country and her free institutions far too much to make himself an instrument in the hands of scoundrels and monarchists for the establishment of a monarchy on the ruins of the Republic. Saturday, October 3d, 1874. Teachers wishing to teaefi in the Public Schools of this county are requested fo at tend. Tfie public respectfully mvited to be present. W . F. PAYTON, School Superintendent Baker City, Sept 17, 1874 ii2Qi2 W L a t is tikis G re a t R e m e d y , and what are its effects? These are questions which the American public has a right to ask, and it has also a right to expect a candid and satis factory reply. The preparation is a mild and gentle saline cathartic, alierative and tonic, and is most carefully prepared in thd form of a snow white powder, containing all the wonderful medical properties of the far-fam ed S e ltz e r S p r in g s o f G e r m a n y . Of its effects, those who have tested the preparation are the best judges, and they de clare, over their own signatures, that the preparation will promptly relieve indigestion, regulate the flow of ti e bile, cure every spe cies ol headache, trrnquilize the nervous system, refresh and invigorate the weak, mitigate-the pangs of rheumatism, neutral ize acid in the stomach, cleans and tone the bowels, assist the failing appetite, cure the heartburn. I f you are a sufferer, give this remedy one trial, and it will convince vou of the above facts. Sold by all druggists. IT O ^ H O P I T he M a in e E lection .— Eastern pa pers just come to hand with the rei turns of the Maine election show an increased vote over that of last year of 22,000. Yet with all this increase in the aggregate vote the R epu blic an majority is 3,000 less than it was last year on the gubernatorial vote. The Republican vote is only 30 per cent and the Democratic vote 50 per cent larger than iu 1873. It also ap pears that, as in the late "Vermont election, the vote for local officers was not strictly partisan, but much split up and scattered, with »profus ion appalling to the Federal Brigade among Independents and Democrats who are believed to be honest. G ovebnoe ’ s M essage .— We this week give to our readers one half of the Governor’s Message, and will next week give them the balance of it- We know our readers wish to see and read it, therefore we give it to the exclusion of all other matter. FI. J. P A R K E R , WHOLESALE AND BETArL DEALEE IN Coper, Tin aM Stat-Iron Ware. M a in S tre et, B a k e r C ity , O reg o n . e k e e p s c o n s t a n t l y on nand a full assortment of all articles in L ‘s ime, such as H Miner’s Hydraulic Pipe. No®* zles, Butts and Tin Ware. Also, Every Pattern and Style of S T o V E H . Celebrated Buck’s Patent Cooking, and the Onward Parlor Stove are kept on hand, together with ail other styles. J O B W O R K Prices U^ ° n sk ° rt Notice, and at reasonable n26tf J. H. PARKER. J a s . 3nE. K lo o n t z , Forwarding & C onission Merchant, C oB N E Jt OF F lB S T AND G S lE E T S , Umatilla» Oregon. All Freights and charges paid and advan ces made on Commission. 1 have a St on a We will attend to Confidence Nel VV arehouse for Storeage of Goods. Mark goods, Care J. H. K.,0. son’s case next week. Umatilla, Aug. 5, 1874,nlSn24„