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THE DALLES WEEKLY CHRONICLE, SATURDAY, JULY 27, 1895.
The Weekly Gbf oniele.
TUB DALLES
OREGON
Kntered at the poKtofflce at The Dnlles, Oregon,
as aecontf-cliLss mail matter.
STATE OFFICIALS.
.'Jjvcrnoi .-. W. P. Lord
Secretary of State HE Kincaid
Treasurer ..Phillip Jletchau
BupLol Public Inntractlon u. At. irwm
Attorn ev-Grneral CM. Irtlemau
. (G. W. McBride
"""""" J J. II. Mitchell
-.' JU. Hermann
Congressmen w R ElliB
dtate Printer W. H. Leeds
COTJBfTT OFFICIALS.
County Judge. Geo. C. Blwkeley
Sheriff. T. J. Driver
Clerk A. M. Keleay
: Treasurer Wm, Michell
Commoner. ....... jl
Assessor F. H.Wakefield
Burreyor K. F. Sharp
Superintendent of Public Bcliools. . .Troy Shelley
Coroner W. H. Butts
FAIRNESS TO THE ACCUSED.
tain that had the circle of removals. been
extended and Prof. E. B. McElroy i
eluded, tho welfare of the university
would have been assisted.' At the time
we doubted the wisdom of bis election
to the professorship of English literature
and we doubt it yet. .Mr. McElioy,
however succesefule may bo in other
Dursuits. esDeciallv politics, has never
shown those qunlities which should at
tend an instructor in a progressive col
lege. Under the management of Dr.
Chamuan the university will be raised
to the front rank. His ideas are pro
gressive and his methods np to date,
The trustees should not hamper him in
his desire to bnild np the University of
Oregon. -
THE DALLES AND YAKIMA
There is, without qnestion, in many
instances too much leniency shown by
' courts to men convicted of crime on the
Pacific coast : but the press of the coast
will never be guilty of too much fairness
toward men accused of crime and not
yet convicted. From the time of the
arrest of Durrant in San Francisco up to
the present time the press have left tin
improved no opportunity to prejudice
and embitter the public against him
False and exaggerated reports concern
ing the testimony have been published
double leaded and spread broadcast
among the people from whom his judges
are to be selected ; unnecessary and mis
leading statements concerning his ap
pearance and conduct are published;
and, not least among the unfair repre-
. sentations, are the pictures of him which
are printed ; - if they are as correct like
nesses of him as those often published
' of prominent people, the publishers
ebould be punished on account of' these
for criminal libel.
The press dispatches say: "His
closely cropped hair gives him a criminal
appearance, and his clean shaved lips
reveal .the coarse sensuality of his
mouth," and make other suggestions as
to his personal appearance, which are
for the purpose of prejudicing those who
read them. The hired detectives are
hand to hand with the press, the latter
to create as much sensation as possible
and thereby enrich the cor poi at ions
which publish them, and the former to
advertise their business and secure the
rewards ; methods are chosen regardless
of truth, honesty or justice.
We are reminded by the present con
duct of the San Francieco press of the
history of the arrest of Hale, Barnard
and others in Gilliam county some years
ago, for the robbery of the Roslyn bank
by the alleged Detective Sullivan. Or
egon's leading journal lauded the al
jegea aetectives, aeciarea mat tne ar
rested were guilty beyond a peradventare
of & doubt and proceeded to prejudge
In days not long gone by, the road be
tween The Dalles and Yakima was, dur
ing the summer season, lined ' with
freight teams; the road was good, feed
and water plenty and the distance
ninety-five miles not great. But since
the competition of the Northern Pacific,
freighters on this road have retired.
A gentleman of this city, who recently
visited Yakjma, reports that the wool
men of that section will next year revive
the freighting business from there here
and ship their wool to this market;
prices here thiB year are from 2 to 3 cents
higher than there and they will ship
here by team.
There is no reason who these teams
will not desire to lake loads of merchan
dise, in ' return as of yore ; it behooves
our merchants to cast an eye in tnis i
direction. Our transportation facilities
are such that we can furnish them goods
upon just as good terms as Tacoma and
Seattle merchants and .the freight from
here there, we venture to say, will be
quite as low as from the sound cities.
DOLPH
AND THE
COURT.
SUPREME
KLICKITAT COUNTY'S FINANCES
the case and prepare the public to
convict The services thus rendered
bad its effect and the accused barely
escaped, aitnougn tne evidence was
weak; afterwards it was learned for
certainty that the accused were whollv
. innocent.
' This same p3per now follows the same
course in Ihe Durrant case. Comment
ing upon the defendant's application for
ucbai;g3of venue it says: - "By these
means (referriug to the reading of the
affidavits filed in support of the applica
tion) it is proposed to wear out the
patience of the courts and the public and
finally to escape justice through its sheer
weariness." The fact is defendant's
. counsel advised the court of the time it
would require to read the affidavits and
asked to have the reading passed by and
" stated that the motion was made antic
ipating the difficulty in obtaining a fair
jury. The course pursued is proper and
usnal under such circumstances; the
counsel were compelled by the judge to
read the affidavits. ' Of course, accord
ing to this style of journalism, the whole
trial is "to escape justice;" in other
words, that justice be done, do away with
the trial and hang the accused. A man
however innocent is in imminent danger
when he gets the modern paid detectives
and these unfair journals after him, and
if he proves his innocence, a thing no
man should be required to do, because
the law presumes him to be, he is for
tunate. Justice should be fair above all
things else; ' it too often stoops to use
the same methods adopted by the really
guilty.
Durrant, like every other accused,
should have a fair trial; if the San
Francisco dailies havo any influence be
will not get it in that city.
CONCURRENT JURISDICTION.
Judges Bellinger and Hanford have
decided the disputed question In the
only practical way, giving each state ex
clusive jurisdiction to the middle of the
channel only in all offenses peculiar to
its own laws and concurrent jurisdiction
over the entire river in all crimes com
mon to both states. .- ;
We are glad it is settled; Washing
tomans can fish on Sunday and Oregon
ians can fish without getting a license
from the state of Washington.
There is trouble brewing in the State
University. The trustees have put on
the retired list two professors of long
service in the institution. Whether or
not this was wise, remains for the trus
tees (o say ; but of one thing we are cer-
The Goldendale Sentinel has some ex
cellent counsel in its last issue, concern
ing the payment of the indebtedness of
Klickitat county, among other things, it
says :
The county cannot exist and maintain
its organization with such a condition of
finances and every one should bn in
terested in Btraishtenint; out tho tangle.
Building of roads and bridges and all
other expenses, whether necessary or
unnecessary, must be cutoff until the
improvements and benefits we have al
ready enjoyed have been paid for.
There is nothing but sound sense in
these suggestions. Counties and cities
ought to manage their business in the
same manner that conservative careful
business men manage theirs ; when they
have not the means to obtain what they
desire, find a way to do without it;
make expenditures come within the in
come. But it is much easier to spend
money than to devise means to avoid,
spending it, and county commissioners
and city councils too often adopt the
easiest course; the inevitable follows
and the municipality suddenly awakes
to the realization of bankruptcy.
We sincerely hope Klickitat county's
efforts to recover its financial health will
be entirely successful.
The price of wheat has taken a long
jump in the right direction ; a riee-of 5
cents a day would soon bring it where
Eastern Oregon farmers want it. The
market reporter, however, forgot to say
anything about silver; even tbe popu
lists will forget that "the crime of 1873"
has anything to, do with the price of
wheat if tbe price will only continue up
ward until our particular populists can
realize 50 or CO cents per bushel. With
wheat at 60 cents, Harvey and his
"Financial School" will be a back num
ber; he will be the loser, but no other
harm will result.
Oregon horses are really going to be
coined in accordance with the school of
horse sense, heretofore taught by Tint
Cheoniclb; before being put into cir
culation they will bo tinned. The horse
mint is now in full operation at Linnton,
near Portland, ' and Eastern .Oregon
ranges are furnishing tbe horses. The
financial problem is solved, not by
Harvey, Horr or Carlisle, but by Tns
Chronicle and the mint at Linnton,
business is picking up and the prosperity
of Oregon is assured.
Astoria is rejoicing over the prospect
of tbe immediate construction of its long
desired railroad ; we rejoice with them
and hope they will not be again disap
pointed. The interests ol every town on
the Columbia are, in many particulars,
identical with those of the city by the
sea, and we rejoice with her now both
on her own account and because her
prosperity is ours also.
A company has been organized at
Pendleton to build and operate a woolen
mill; we are glad of it. But there is
certainly greater reason for the establish
ment of such an enterprise here.. ' We
have a larger wool market, an abundant
water supply, cheap fuel and unexcelled
transportation facilities. . .
A telephone line is being constructed
from Pendleton to Canyon City ; why
should not there be a line from here to
Prinevile? It would cross a more
thickly populated portion of the state
and reach a larger city. . Which of our
competing companies will occupy tbe
territory firet?
The Horr-Harvey contest should be
transferred to The Dalles.,'- All they use
is wind and we have plenty of it.
In yesterday's Oregonian ex-Senator
Dolpb criticises a decision of the supreme
court in the case of Schmidt vs. the Or.
Hold Mining Co.. and the Oregonian,
as usual, backs the ex-senator and echoes
his sentiments. The statements of Mr.
Dolph and the comments of the Oregon
ian make it to appear that the supreme
court have committed a most grave
error and established a precedent unjust
and contrary to all equitable and legal
rules, and rendered a most outrageous
decision. Believing that there must be
some explanation of the matter, we in
terviewed some of the attorneys of this
city concerning these criticisms and
learned something of the hietory of the
decision complained of.
It seems that the circuit court for
Union county, Judge Clifford presiding,
rendered a decree in tbe case decreeing
the sale of the mortgaged premises and
that the proceeds of the sale be applied
in satisfaction of $6500, adjudged to be
a. reasonable attorney's fee, and certain
costs which appear to haye aggregated
$939.14, and directing that the attorney's
fees be a preferred lien neon tbe pro
ceeds of the sale, and that either of tbe
several attorneys among whom the fee
was divided might enforce payment by
an execution.
Upon its face the decree appears to be
an outrage, and as (he learned ex-senator
says in bis brief, and the Oregonian
repeats, "a scandal upon the adminis
tration of justice;" and had they re
buked the circuit judge who permitted
such an outrage no one could or would
answer them ; it appears from tbe re
port of the decision of the supreme court
that this outrageous decree was entered
by consent of plaintiff and defendant;
had the ex-senator and the Oregonian
gone so far as to suggest that t he decree
had the appearance of jobbery between
the attorneys and circuit judge we would
not have seen a very good defense to such
an insinuation; we should certainly
have joined them in criticising the cir
cuit court. But as we understand the
decision of the supreme court, as shown
us by local attorneys, it was helpless in
the matter. The court says:
"It has been held by this court that
by consenting to the rendition of a
judgment against himself tbe defendant,
in effect, waives bis answer and thereby
leaves no issue to be tried, and that from
such a judgment no appeal lies.
The recitals in the decree show that the
defendant gave its consent and
there being no evidence in the record' t6
guide it in determining what would be
reasonable, we conclude that the parties
intended that the court should ascertain
the amount in its own way and that they
should be bound bv the rrmilt-
So we have here a decree which the
plaintiff, through bis attorneys specific
ally requests tho court to make, and the
defendant has upon the record consented
to every feature of it. ' Now the
party making tbe request appeals to this
court, and demands that tbe decree be
roused in part without so mnch as mov
ing tbe lower court to modify its find
ings or calling its attention to
errors or irregularities."
Among the attorneys interviewed by
The Cuboniclk it seems to be the unan
imous opinion that the "proper course
would have been for the learned ex
senator to have moved tbe lower court to
modify the decree, make a showing that
the parties had not consented to it and
that it was contrary to their wish ; then
had the lower conrt refused to modify
the decree, the question could be raised
in the supreme court. The latter court
takes the record as it is sent up from tbe
circuit court and in the absence of a
showing to the contrary assumes its re
citals to be true. In this case, we are
told, the attorneys for the appellant
made the mistake of appealing from a
decree assented to without having shown
that it was not assented to; tbe supreme
court has not, it appears, settled the law
that an attorney can, In a case like the
one referred to, take a decree in favor of
himself and ngainst his client and that
such a decree is not appealable, as the
distinguished ex-senator and his echo
suggest, or anything of the kind; it has
simply reiterated a well known rnle of
practice which the learned ex-senator
should have known that consent decrees
cannot be . appealed from ; and that
parties desiring to raise the qnestion as
to whether they are consent decrees
must first in the lower court show that
there was no consent, a rule well estab
lished in the supreme ourt of this and
other states, and a rule" recognized to be
tho onlv safe and just one.
: As we understand the en nation tbe
supreme conrt was helpless to undo the
wrong of the circuit court, because tbe
appellant s attorney, who now criticises
it, did not bring bis case into tbe su
preme court in such condition as to
present the question. Should tbe supreme-court
do what the omniscient
daily insists it should do reverse this
decision it would have to sit at naught
the best authorities as well as its own
precedents. It did not establish the
precedent complained of; it dismissed
an appeal which presented no qnestion
which it bad the right to pass upon.
The Crop Outlook.
Mr. P. T. Knowles, who is travelling
for the medicine . company at Dufur,
called at The Ch boniclk office this morn
ing. He has been travelling extensively
through Eastern Oregon, Washington
and Idaho and noticed tbe condition of
the crops. Of any place he has visited
in the Northeast, the Wamic settlement-
in Wasco connty and the country in the
yicinity of Walla Walla will produce the
best harvest. The grain in both there
localities is in splendid condition. The
yield in Wasco aud Sherman county
will be better on the average than in
most places in Eastern- Oregon and
Washington with the exception of Walla
Walla. In Montana the harvest will
not be nearly to the average. Stock
Mr. Knowles found, in splendid cond
tion. Large purchases of cattle have
been made in Eastern Oregon by Mon
tana buyers. - Joseph Sbenberger and
Dan Nettleton bought over 2000 head of
cattle .near Huntington and shipped
them to Montana. Parties from Omaha
have also made large purchases.- Mr,
Knowles reports business reviving in all
localities and that during the last five
months his sales of medicine have
ranged between $2000 and $3000. He is
now on his way to Willamette valley.
uld Be Better'
.AS A' COMBINATION FOR HEALTH?'
i-wevi-iY, lor tne entire jxK.VUU system
IRON',
NOT A SICK DAY
For Over Thirty Years!
EESTJLT OF TTSOIQ
AYER'SPILLS
"Ayer's Cathartic Pills for over thirty
years have kept tne in good health,
never having had a sick day in all that
time. Before I was twenty I suffered
almost continually as a result of con
stipation from dyspepsia, headaches,
neuralgia, or boils and other eruptive
diseases. When I became convinced
- 4' 7r Wl
to'" (J'!''':
that nine-tenths of my troubles were
caused by constipation, I began the use
of Ayer's Pills, with the most satisfac
tory result;, never having a single
attack that did not readily yield to this
remedy. My wife, who had been an
.invalid for years, also began to use
Ayer's Pills, and her health was quickly
restored. With my children I had no
ticed that nearly all their ailments were
preceded by constipation, and I soon
had the pleasure of knowing that with
children as with parents, Ayer's Pills,
if taken in season, avert all danger of
sickness." H. Wettstjsin, Byron, 111.
AYER'S PILLS
Highest Honors at World's Fair.
Ayer's SartaparilU Strengthens tbi System.
The country surrounding The Dalles
has never been extolled as very suitable
for bicycles and tbe Creator never in
tended it for a race track. . But wheels
seem to go everywhere and mountain
steepness seems to offer no hindrance for
the wheelist. Yesterdav afternoon
Douglas Dufur left The Dalles about
o'clock and rode to Hartland, on tbe
other side of tbe Klickitat mountains,.
and returning reached. Tbe Dalies shortly
after 6 o'clock. The 'distance covered
i twenty-five miles and Mr. Dufur
stopped to transact some business at
several places along the way. A great
part of tbe trip he had to walk and push
the bicvele up the hill. People who
have said wheeling would be impractica
ble in this mountainous country will
have to change their minds.
S3.
Vt;
-fHE KlfTg
r 4
3Ei EG U LATO R
There is great danger in neglecting
Colic, cholera and similar complants.
An absolutely prompt and safe cure is
found in Do Witt's Colic and Cholera
Cure. For sale by Snipee-Kinersly Ding
Co. -. . .
Header, did von ever take Simmons
Lives Regulator, the "King of
Liver Medicines ?" Everybody needs
take a liver remedy. It is a sluggish or
diseased liver that impairs digestion
and causes constipation, when the waste
that should be carried off remains in
tho body and poisons the whole system.
That dull, heavy feeling is due to a
torpid liver. Biliousness, Headache,
Malaria and Indigestion are all liver
diseases. Keep the liver active by an
occasional dose of Simmons Liver Reg
ulator and you'll get rid of these trou
bles, and give tone to the whole sys
tem. For a laxative Simmons Liver
Regulator is better than Pills. It
does not crine. nor weaken, but greatly
refreshes and strengthens.
Every package nas the Kea z
stamp on the wrapper. J. II.
eiiin & uo. jrmiaaeipnia.
the greatest SUSTENANT known
to purify and enrich the BLOOD
be
Nature's Builder, and-Tonic' '..
FOR SALE BY BLAKELEY & HOUGHTON.
A New Store
on a Cash Basis..
The credit system is a heavy weight to carry, and
those who pay -must make up for the ones that do
not. The only way to have low prices is to sell for
cash, and that is what we are going to do.
Large Stock, Fine Goods,
Prices "Way Down.
We sell for cash, buy cheap, and our patrons have
the benefit. We have bought out the business of
H. H. CAMPBELL and will be pleased to see old
patrons and new ones. We are in the field for
"business.
W. A. Johnston,
No. 113 Washington St.
Closing Out Sale
of DRY GOODS
CLOTHING, FURNISHING GOODS,
BOOTS, SHOES, HATS and CAPS.
Past or present values cut no figure, as goods
MUST be SOLD LESS than COST.
Give VIe a Call.
J. P. McINERNY.
ew Man! New Prices! New Goods!
Having just purchased the store of H. Moses & Co., I.
am prepared to meet all competition. A large invoice of
FRESH GROCERIES,
Bought for cash at low rates, enables me to sell closely.
My stock is complete, and prices to suit the times.
I SELL FOR CASH, (
And give more for a dollar than ano other store in The
Dalles. Give me a call and examine for yourself.
B. A. HUNSAKER,
Successor to H. Moses & Co., adjoining the Diamond Mills.
Opposition We Invite.
Competition We Defy-.
New England Marble Granite Works,
Calvin H. Weeks, Proprietor.
WHOLK8ALB AND BKTAIL DEALER IN
Fine ionnmenfial Wofljr Imported j&atoij.
Do not order Monumental Work until you obtain onr figures. Yon will find
that, for stood work, oar charges are alwava tbe lowest. Cash or time settlements
f As preferred can be arranged for at greatly reduced figure. Send address for de
signs and prices. Second and Third-street cars paes onr salesrooms.
PORTLAND, OR.
720 Front Street, opp. tho Failing School,
JOS. T. PETERS & CO.,
DKAXERS IJT
BUILDINC : MATERIALS
-AND-
TelopHoue 3CTo. 138.