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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 9, 1900)
THE MORNING OREGONIAN, TUESDAY, JANUARY 9, 1900. NATURAL STEAM SUPPLY malheur bias's scheme for us ixg xatdrcs power. Propoc to Harness the Hot "Well Between Ontario and Vale Has an Inexliauhtible Snpply. ONTARIO. Or., Jan. G. Hon. W. E. Lees, of ttais place, is arranging to un dertake a most novel scheme for the cre ating of .power, and this is no less than the harnessing of the steam and hot water which flows from an artesian well between here and "Vale, the county seat. Mr. Lees proposes to confine the steam, in an immense boiler and take it out through cylinders and, for the present, use the power for raising Tetter "from the 'Mal heur rHer for the purpose of reclaim ing a large section of land. The region from whence this steam comes is but 38 fet below the surface, and its supply is evidently Inexhaustible. It is calculated that by piercing this great steam cham ber underlying the earth's surface and in serting, say, a three-foot pipe and then confining- this steam in a suitable boiler and drawing it off through an ordinary 20 inch by 30-inch chest, many hundred horsepower will be generated. He also proposes to sink pumps down to the un derlying blanket of water and pump it out on top and thus forever preclude the possibility of runn4ng short of water. "With the unlimited supply of water and steam, the groat tract of fine land that has for so long seemed doomed to re main worthless wilt jump into the shafts and start out on the road to prosperity. The project is yet in its infancy, but Mr. Lees is enthusiastic He thinks Ms is the first idea that has ever turned into this channel and that it will open up one snore avenue throughout the country for drawing nature into doing our work for us. STATE AGRICULTURAL BOARD. -Secretary's Report Shows a Real Shortage of Only SSO. SALEM, Or., Jan. S The report of the state board of agriculture for 199 has Just been received by Governor Geer. The report of Secretary Gabrlelson, which ac companied it, shows that the actual cash receipts of the state fair had fallen short 5S25 S9 of the amount necessary to meet the payment of warrants issued. In ex planation of this fact, the secretary states that all of the general warrants were not to be charged to the present board as ex penses, for the reason that a debt of $745 GO had been created by the old board. These claims had not been audited and drawn until after the passage of the "ways and means act by the legislature of 1SS9, and Attorney-General Blackburn had de cided that they could not be paid out of the appropriation and Included in the ex penses of last year. Thus tho real short age of the new board was only $S0 39, a good showing, so the secretary points out, in the face of the fact that tho dotes set for the fair had proved too early on ac count of the delay In harvesting and hop picking, due to the August rains. Har vesting and hop-picking -were in full blast during fair week, and kept away the usual number of campers. Many borses had been entered by the yped department, and quite a number "withdrawn without payment of fees. The fees may be collected, however, for under the rules of the National Trotting Associ ation the horses cannot be entered for any future events until the claims are paid. Claims held by the society are as follows: Unpaid race entries $ 717 50 Unpaid subscriptions of Salem, busi ness men 300 00 Two notes (secured), for race en tries 120 00 Total 51137 50 The total expenditures were $14,565 Co. of w hich $4719 was paid for races and $4790 70 for premiums. The total receipts were $13 739 fife, the largest item, being the appro priation, $6009; gate -receipts, $3634; race entry fees, $2787 40; general licenses, $1328 98. The total number of exhibitors' tickets issued was 528, of which 219 -went to the press. The report is very encouraging to all who took an interest in the work of the society. Early last year it was predicted that the fair would again prove a heavy failure financially, but the energetic work of the board upset the prognostications of the prophets, and landed the society with a deficit of only $S0 39 as the result of their first year's work. Bids for Hohpitnl Supplies. Bids for supplying the hospital for the insane with supplies during the ensuing six months were received and opened to day by the board of asylum commission ers, consisting of Governor Geer, Secre tary of State Dunbar and State Treasurer Moore. The rule of the board is to accept the lowest bids. Up to this evening the principal contracts awarded were as fol lows: Drugs (D. J. Fry) $ S75 56 Groceries (four bidders) Leather and findings (Breyman Leather Company) 302 32 Soap (Harritt & Lawrence) 175 59 Plumbing (Knox & Murphy) 82 63 Brooms and brushes (Weller Bros.) 172 05 Vinegar (Weller Bros.) 71 00 Sugar (John Hughes) 1671 00 Boots and shoes (Cross Bros.) 153 00 Hams (John Hughes) 408 75 Cheese (John Hughes) ) 65 00 Stelmer's market received the contract for fish, and E. C. Cross for meat, at prices according to the kinds called for. Mutton and beef were set at $S G5 per 100 pounds, by Mr. Cross. There were four bidders for the grocery contract, prices varj ing according to the article wanted. State Military Board. The regular quarterly meeting of the state military board was held In the adjutant-general's quarters in the capltol to night, beginning after the arrival of the train bearing the Portland members, and cortinuing until nearly midnight. Brigadier-General Beebe, president; Adjutant General Gantenbein and Judge-Advocate-Gene-ral Spencer, of Portland, and Colonel A. B. Gilhs, of Salem, were present. The allowances and expenses of companies for the preceding quarter were discussed, but no action was taken, and a great deal of time was given to routine business. Adputant-General Gantenbein will leave tomorrow tor Ashland, to conduct an 'cctlon "Wednesday night for the purpose of filling the -vacancy caused by the res ignation of Captain Heavener, of com pany B, Third .regiment, O. N. G. BR. ROGERS' WILL. Estate I 'Valued at From $90,000 to $100,000. HILLSBORO, Or.. Jan. S. The will of the late Dr. George Oscar Bogers, who died at Forest Grove last week, was admitted to probate this morning, and his widow, Adeline Rogers, was appointed ex ecutrix, to serve without bonds. The at torney for the executrix, Hon. S. B. Hus tor, estimates that the estate will amount to from $90,000 to $100,000. A large per cent of this valuation is in Hong Kong and Shanghai bank stoclt, 146 shares, val ued at over 58 000, and stock in a Chinese navigation company. He also owned con s derable realty in this state. He leaves his property as follows: Anson F. Rog ers, son, $3000, to be paid as soon as con venient; to sister of deceased, Caroline Larrabie, a resident of the East, $1500; the residue of the estate goes to his widow and executrix, Adeline Bogers. He also expresses, in his will, a desire that his little grandson, George Rogers, be ed ucated from the estate left his widow, provided he be worthy and industrious. Deputy Sheriff C. E. Deichman returned from Salem this evening with Julius Mil ler, who broke from the "Washington coun ty jail July 22, lb95. Miller had pleaded guilty to two charges of chicken theft, and was awaiting examination on an ad ditional charge of 'larceny of some bacon from tho placo of P. M. Jackson, near Hillsboro. Miller, with tho aid of one William Holm, who was held on a charge of rape, made his exit through an aperture, 16x22, which lmd been covered "with zinc, and upon which the old jail stove rested. Helm was never apprehended. Tho cap tured man is known here as "Cully" Mil ler. He was captured by Sheriff Durbln, of Marlon county. SLURRIED UXDEIt DIFFICULTIES. Groom Overcame Them AH and Got the Woman of His Choice. Canyon City News. Married On New Year's eve. at the home of Mr. and Mto. Georgre SoMngcr. Mr. Brad Herburgcr and Mrs. Anna Allyn. Justice of tha Peace Rullson officiated. ' The wedding was a quiet (?) one. No Invited guests were present, although sev eral who were not summoned to the wea dlng feast were on hand to participate in the ceremony. The wedding did not coma off on time, as the groom was confined in "the city calaboose. It may be well to explain, before going any further, that the groom, Mr. Herbur ger, is a practical joker, and on several occasions had publicly stated that, when he got married, the boys could have all the fun they wished, at his expense, sup posing, of course, that the wedding would be kept quiet, and nobody would be the wiser until after it was over with. The boys, however, ascertained. In some mys terious way, that the wedding was to take place on New Tear's eve. Accordingly, the boys took Brad at his word, and pro ceeded to have a little fun at his expense. They hunted him up and locked him In the city jail, intending to leave him there for the night, and thereby put a stop to the marriage. The time for the wedding came, the bride was anxiously waiting, the Justice was ready to pronounce them man and wife, but no groom showed up. In the meantime, one of the boys, think ing' tho fun had gone far enough, pro ceeded to the jail and liberated the im prisoned groom, who at once hastened to the house and urged upon the justice the necessity of tying the knot post haste, as in all probability his pursuers would be after him, on learning of his escape from jail. Sure enough, they came, but it was too late, for the justice had said, "I pronounce you man and wife." This, however, did not satisfy the boys; they were going to have their fun just the same. They went in at the front door, while the groom made a hurried exit through the back door, to find a hiding place. For the second time he had eluded his pursuers. But this must not con tinue all night, so, at an opportune mo ment, he slipped back to the house, dis guised himself and wife, and fled to the hills for safety. BUR.GLARIES AT JEFFERSOX. Safecrackers Operating: in That Town. JEFFERSON, Or., Jan. 8. This city last night was visited by some expert safecrackers. This morning, when G. W. Epley, clerk in the general merhcandise store of F. B. Sackett, opened the store, he found the safe door had been blown off, and what money there was in the safe had been taken, amounting to between $5 and $10. A search through the store showed no goods missing except a mack intosh. "The money in the till had not been disturbed, nor had a lot of fine silverware. Entrance had evidently been effected by springing the double door at the front of the store. A. T. Shultz, proprietor of the flouring mills, found on going to the mill office this morning that the safe door was blown entirely off, and lay some four feet from the safe. The force of the explo sion had broken all the windows in the mill office. Entrance to the office had been made by forcing the lock from the door. In this case the joke was on the burglars, as the safe had been locked for months, Mr. Shultz using it only as a depository for papers, etc, and never leaving any money in it. That the same men committed both burglaries is proved by the fact that the mode of operation was exactly the same. Beeves for Dawson. SEATTLE, Jan. 8, Jack Carr, the well known Alaskan mail-carrier, shipped 37 head of beeves north on the steamer City of Seattle tonight, which he will under take to drive over the White Pass and Yukon ice to Dawson. The expedition equipment Includes 15 horses, which will bo used in packing feed for the cattle. It is the first attempt of the kind ever made at this time of the year. Oregon Notes. Baker City schools have 1190 enrolled pu pils, and 20 teachers. The Long Creek postoffico Issued money orders to the amount of $15,259 79 In 1899. E. S. McComas reports satisfactory progress in saving the gold from the Midas bar. Snake river. New officers of Arlington are: Mayor, F. T. Hurlburt; recorder, O. S. Ebi; treas urer, O. D. Sturgess. The hills in the vicinity of Arlington are said by the Record to be green with lux uriant grass, presenting every appearance of spring. Hoodlums in La Grande have been an noying business men by spitting tobacco juice on windows and writing obscene language on doors. Stock Inspector R. M. Johnson, of Gil liam county, estimates the decrease of sheep In that county in the past year at 45,000, there being now about 80,000 head. Pendleton contemplates extensive street Improvements this year. Te street com mittee of the common council comprises three of the heavy taxpayers of the town. Land in Eagle valley keeps pace with the mining development of Eastern Ore gon. A few days ago J. A. Kerby, or Richland, sold 50 acres near that little town at $50 an acre. Last week, at Heppner, Editor Shutt, of the Times, was haled before a justice of the peace and fined $10 for using lan guage unbecoming an editor, to the great annoyance of a tailor, who was the com plainant. The Brownsville Times complains about Linn county's large number of marriages last year, declaring It to mean a pro nounced reduction in population, because, in each case, two hearts were made to beat as one. O. P. Goodall. of Union county, formerly a member of the state board of equaliza tion, is moving to Southern California, any may locate in Mexico. The silver standard prevails there, and gold is out or circulation. From the Pendleton Republican: "Many names are mentioned as possible succes sor to Judge Lowell, but the probability is that the plum will be captured by Mor row county." Ex-Representative Ellis halls from Morrow. " Elections were held in two Clatsop county cities last week. In Warrenton, C. E. Linton recelveu IS votes for major and was elected, there being no opposition. In New Astoria, cnarles E. Ford was chosen mayor, receiving 19 votes, to 16 for his opponent. The Chronicle of La Grande reports that 65 men, who had been working on the Welser branch railroad to the Seven Devils, passed through that town, west wardbound, on the 5th. They claimed that they were unable to get their pay from the cintractors. From the Eugene Guard of the 6th Inst.: "This afternoon G. R. Christman sold his Interest in the Eugene Water Company for $11,000 to T. G. Hendricks, F. L. Cham bers and George Midgley, each taking ono third of the total amount This is one or the most variable franchises In xane county." The January number of Mines and Metals appears In Improved form, wltn the name .of a Second Oregon volunteer. Earl D. Stearns, as editor and proprietor. It gives much news of the mining lndusr try in the Pacific Northwest, and on its last page Is a map of the Greenhorn mountains district, of Grant county, in which are located the Red Boy, Bluebird, Van Anda, Portland and many other groups of mines. MERCHANTS OF SALEM ANNUAL MEETING OF THE CHAM BER OF COMMERCE. Free Locks at Orcgron City Reconu. mended Inimlgrratlon Work The Next Slate Fair. SALEM, Or., Jan. 8. The annual meet ing of the chamber of commerce was held tonlght,and was well attended. The first business transacted, after President George B. Gray, had called the members to order, was the election of a board of. directors for' the ensuing year. On mo tion, the entire board, was re-elected, ex- NEW MAYOR .OF FOREST.GROVE, Or., Jan. 8. Frank T. Kane, chosen mayor of the city today, was born on the North plaice, in Washington county, August 27, 1871. He is one of Forest Grove's most reputable representative business citizens, and well qualified for the position to which he has been elected. During the years 1834, 1895, and 189Q, he was deputy county clerk of Washington county. He was the cashier of the Forest Grove bank, ' the first bank at this place, which was founded by C. M. Keep, In 1880. He Is now a member of the hardware arm of Kane & Westcott, of this place, and also is cashier in the bank of Senator B, W. Haines. Mr. Kane is unmarried, and makes his home with his parents, who have resided here since 1873, and are Oregon pioneers. Mrs. Kane Is a pioneer of 1845," and her husband of 1801. cepting F. R. Anson, who was unable to serve. George F.. Rodgers was selected as his successor. The other members arei E. P. MeCornack, J. H. Albert, George B. Gray, H. G. Sonneman, Jefferson Myers, C. P. Bishop, M. L. Myers, and Dr. E. A. Pierce. President Gray and Mr. Albert botn called attention to the fact that the sta tistics prepared by H. B. Thlelsen, sec retary of the chamber, relative to tne heavy traffic through the Willamette locks and the need of free locks, had been passed upon by the board of government engineers, who, having favorably consid ered it, recommended that the present toll system be purchased or new locks be con structed at OTegon City. The president also told of the other good work done by the chamber during the past year, mentioning particularly its efforts to dispatch an immigration agent to the East and in taking up tho Falls City railway -matter. Secretary Thlelsen referred to the Hop growers' Association, and said Salem would be Its dealing center. Within an other year the .frultmen would organize and a second union of benefit to all mer chants would make the capital its business place, as the city is most advantageously located In the middle of the fruit district. A report that an endeavor would bo made to move the state fair to Portland next year was scouted, not only because Salem has always been the principal con tributor, but also because the board of ag riculture Is making preparations for the next fair here. A committee from the board is soon to meet a committee from the chamber, consisting of Messrs. Thlel sen, Jeff Myers and Sonneman, and to arrange to have an assembly of all who, by exhibits, etc., have made state fairs or the past features of Oregon's exposition history. STEELHEAD HATCHERY. One May Be Located on Necanlcuni River. ASTORIA, Or., Jan. 8. B. R. Green man, superintendent of the Upper Clack amas hatchery, came here today, and ac companied Fish Commissioner Reed to Seaside, to find a place lor a steelhead hatchery on the Necanlcum. It was de cided to put in a fishrack at Johnson's place, about eight miles up the creek rrom Seaside, and If it is found that fish can be secured, a hatchery will be built. City Treasurer's Report. . The report of City Treasurer Carney for the quarter ending December 31 was filed in the auditor's office today. It shows the amount of cash on hand at the commencement of the quarter to have been $19,360 53; receipts during the quaTter, $5540 50; disbursements, $13,219 65, leaving cash on hand at the end of the quarter, $11,681 38. ' , Cannery Association Meeting. The annual meeting of the Columbia River Canners' Association, that was to have been held today, was postponed until January 25, on account of the absence of President Hammond, in the East. Bristol Bay Cannery. The first annual meeting of the Alaska Fishermen's Packing Company, which op erates a salmon cannery at Bristol nay, was held here today." Directors were elected as follows: Georg'e Moen, John Kopp, John Nordstrom, F. A. Fisher, W. H. Copeland, Sofus Jensen and John L. Carlson. A meeting of the directors will bft held in the next few days to elect of ficers. The company has chartered the American bark Harry Morse to take Its outfit north, and the start will be made from here about April 10. Registration Delayed. The registration books will be opened at the county clerk's office next Wednes day. The necessity of changing the boundaries of the voting precincts and of having new maps made has delayed the opening of the registration books. CLACKAMAS COMMISSIONERS. County Board Appointed Jndees and Clerks of Election. OREGON CITY, Or., Jan. 8. The county board of commissioners adjourned this afternoon until January 22, when the tax: levy will be made. Before adjourning, the board appointed the judges and clerks of election, but the county judge was not in vited to assist in making the selections. The board claimed to have opinions from both Attorney-General Blackburn and District Attorney Cleeton, giving them the authority to make the appointments. An order was made In the probate court giving J. T. Woodward and wife, of Carus, authority to adopt Wanda and Da vid Hanovan, aged respectively 9 and 7 years. The children have heretofore been In the custody of, the Boys' and Girls' Aid Society, of Portland. Permission was given to change Wanda Hanovan's name to Myrtle Woodward, and David Hano van's to David Woodward. Senator Brownell delivered an address before the Young Men's Republican Club, of Milwaukle, this evening on the political issues of the day. ELECTION AT FOREST GROVE. Frank T. Kane Was Cltosen Mayor of That Town. FOREST GROVE, Or., Jan. 8. The city election was held here today, 272 votes being cast, the largest number ever cast here. The following- were elected: Mayor, Frank T. Kane, by four votes; councllmen, J. T. Buxton, J7 S. Buxton, Xevl Smith; recorder, L. Langley, by one vote; treas urer, W. S. Hudson; marshal, Ed J. Crang. The two latter" had no opposition. NORTHWEST DEAD. Mrs. William Cochran. ALBANY, 'Jan. 8. Mrs. William Coch ran died of pneumonia in this city last night, at the age of 63 years. Her JIfe FOREST GROVE. was an eventful one. For many years she was prominent Jn the upbuilding of Yamhill county, first as a leading teacher and then as the -wlf e of Hon. Henry War ren, a leading politician of that county, he having been sheriff seven years, a member of both houses of the legislature, receiver of the land office at Oregon City, and mayor and recorder of McMlnnville, besides running against Lafayette Lane for congress. She had been married to Mr. Cochran only a few years. She was a bright woman, possessing many estima ble qualities. Two children Mrs. Judge Magers and Mr. Ed Warren, of McMinn vllle and her last husband survive her. Samuel Lnndy, of "Walla Walla. Samuel Lundy died at his home in Walla Walla, Friday evening, aged 80 years. Mr. Lundy had resided in Walla Walla county for 11 years. He left a wife and several children. Election in Medford Today. MEDFORD, Or., Jan. 8. The election of city officers Tuesday will be the hottest contested election ever held in this place. Hon. J. J. Howser, populist leader of Jack son county, Is nominee for mayor on the taxpayers' ticket. D. L. Lawton, Mltcn-ell-republlcan leader, Is the nominee for mayor on the citizens' ticket. Tho anti Mitchell men are rallying to Howser's support all over the county. Howser is one of the members of the legislature that held up the 1897 session, which caused John H. Mitchell defeat. Great excite ment prevails. Girl Disappears. COTTAGE GROVE, Or., Jan. 8. Miss Minnie Thorn, 16 years of age, mysterious ly disappeared last night, and no trace of her can be found. She attended the evening services at the Methodist Episco pal church, and Is reported to have been seen at the railroad bridge, half way be tween here and Latham. A search party has been out today, but their efforts did not lead to any conclusion as to her whereabouts. Washing-ton Notes. Spokane sportsmen have organized a club for the purpose of hunting coyotes. Hounds will be Imported, and the hunts will be held every week. Jonathan Jones, of Ellensburg, had his foot amputated last week. The limb was smashed by being run over by a car 25 years ago, and had never healed since. The Commercial Club, of North Yakima, is considering a cannery enterprise for that city. It can be secured for a bonus of from $3000 to $5000, according to the amount of machinery put In. At a special meeting of the board of di rectors of the city schools of North Yak ima last Monday night, one year was added to the course of study in the high school. The Gaby farm, a few miles southeast of Olympra, once known as the Hewitt farm, was sold Wednesday, to Mrs. Maria Wiggins, by Mr. Gaby, for $8000. It com prises 366 acres of good land, much of it being cleared. According to the Spokane Chronicle,' that city is infested with a gang of bold rob bers. Among the list of their latest depre dations, the Chronicle complains of tho burglary of a residence, then a night bur glary on horseback, next a daylight hold up, and the latest a safe-blowing soiree. The case of Lawrence vs. Potter, which involves the ownership of 160 acres of land near Garfield," and has been in court for more than 14 years, was finally decided by the supreme court at Olympla in favor of Lawrence. Lawrence will now bring suit against Potter to recover rent" for the 14 years the latter has lived on the farm. From the "Milton Eagle: "Relnhold Har ris, the Walla Walla butcher, who some thing over a year ago was convicted in the Washington court of stealing four head of cattle from Judge Klrkland, of this city, and who was out of jail on a $2000 cash bond pending an appeal to the su preme court, Is reported to have skipped the country and is now In Germany. This opinion Is based on a letter which It Is claimed was lately received from him, tho missive bearing a German stamp." Since It has been decided to give the name of Clarkston to the new town that has grown up in Vineland, Wash., oppo site Lewiston, additional Interest Is shown In the celebration to be given in 1903, the 100th anniversary of the visit of Lewis. and Clark to tho Snake river valley. Both Lewiston and Clarkston will join in the centennial demonstration. It has been, sug gested that a statue of the famous explor ers be erected at either end of the big steel bridge that spanB the Snake river. If the Idea 1b carried out, the statues might be cut from native marble and the bases of native granite, both of which are found In abundance within a few miles of the towns. v - - OREGON SUPREME COURT FOUR. OPINIONS HANDED DOWN YESTERDAY. Judgment of Lower Court Affirmed In Case of Hand Manufacturing Company Versus Marlis. SALEM, Or., Jan. 8. Four opinions were handed down by the supreme court today and two of them related to appeals from Multnomah county. In both cases the judgment of the lower court was af firmed. The opinions follow. Hand Manufacturing Company, respond ent, vs. J. S. Marks et al., appellants, appeal from Multnomah county, Stearns, J.; (no appearance for respondents); af firmed. Opinion by Wolve'rton, C. J. This suit was instituted for the purpose of foreclosing a mechanic's lien. As par ties defendant, James Lyons, Theodore Jensen and the East Portland Mill & Fix ture Company, also sot up in their respec tive answers, mechanics' Hens and prayed their foreclosure. The court below di rected the foreclosure of the liens of plaintiff and the fixture company, but dis missed the oross-complalnfs of Lyons and Jensen. The last-named parties and the defendant E. R. Brown and E. R. Brown, executrix of the will of L. D. Brown, de ceased, owner of the building and prem ises upon which the liens were preferred, prosecuted appeals. At the hearing in the supreme court, the appellants only ap peared and contested the proceedings as between themselves, so that the court de termined the matter as If the controversy was between them exclusively. Novem ber 12, 1892, Marks entered into a contract with L. D. Brown to furnish materials and construct for him a brick building, to cost $44,004, sums to be paid as the work pro gressed, upon the architect's certificate. Marks agreed to take in part payment 17 lots, valued at $3400, a bond for deed to be given at the signing of the contract. The first payment of $2000 was to be made when the basement was built and the first-story rough floor laid. Marks was to allow Brown $5 50 per 1000 for all brick he might furnish for construc tion and the cost of putting In certain con crete footing courses. He also gave a bond that he would perform the contract in everp particular, with Lyons and Jen sen as sureties, who furnished materials, en account of which their lien claims were filed. September 30, 1893, Marks aban doned the! contract after he had been paid $26,217 50. After giving the required no tice to the sureties, Brown took posses sion of the unfinished building, and com pleted It. He also deeded, as directed by Marks, five of the 17 lots, and Marks afterwards demanded of Brown a deed to 16 of the lots, which was declined. The refusal was conditional and dependent upon their value being applied to claims against the building. Afterward, in con sideration of $300, Marks gave Brown a certificate, to the effect that he was un able to complete his (Brown's) five-story building, and consenting that Brown him self carry on the construction in ac cordance with the contract, plans and specifications, and disavowing all claim for extras. Under the fact stated, the defendant Mrs. Brown insisted that Lyons and Jen sen were estopped from claiming a lien upon the building, by reason of their re lationship with MarTts, while on the other hand it was contended -that Brown had been guilty of such a breach of perform ance of the contract on bis part as to discharge the sureties, and the relation ship having ceased to exist, they were en titled to their liens for labor performed and materials furnished In the construc tion of the building. The opinion reads: "The effect of the undertaking signed by Lyons and Jensen as sureties is to protect the building against mechanics' Hens. Their lien claims upon tne build ing were, therefore, contrary to both the spirit and letter of the law; and, being so, they cannot be permitted In equity and good conscience to present such claims. However, if the owner has discharged the sureties from their obligation, there can be no good reason why they should not be entItled"lo claim their liens. Their undertaking Is thenceforth without vital ity, and there can be no violation of a stipulation which Is no longer binding or obligatory. . . . the transaction . . . did not have the effect of releasing Marks from his obligations under the contract. The certificate yas given by Marks, and it is an acknowledgment that he has no claim against Brown; but, on the other hand, the transaction was not Intended as a settlement or relinquishment of all or any claims by Brown against him. If such had been the case, It is reason able to suppose that a certificate or re ceipt would have passed the other way. Marks' liabilities under the contract were not taken into consideration, and hence there could be no discharge of the sure ties on that account. The decree of the court below will be affirmed." State of Oregon, respondent, vs. E. D. Horner, appellant, appeal from Lane coun ty, Hamilton, J.; motion to dismiss ap peal; allowed. Opinion per curiam. The notice of appeal In this case is di rected to and was served upon the dis trict attorney, but not upon the clerk ot the court Tvhere the Judgment roll is filed. For this reason the attorney-general moves to dismiss the appeal and the motion must be allowed. The criminal statute provides that "an appeal must be taken by the service of notices In writing on the clerk of the court where the judg ment roll is filed, stating substantially that the appellant appeals from the judg ment." And "If the appeal be served on the district attorney for the county in which the judgment roll is filed." Appeals are matters of purely statutory regula tion, and there must be a substantial com pliance "With the statute in order to con fer jurisdiction upon this court. For a failure to serve the notice upon the cierit as required, the appeal must be dismissed. H. W. Wesco, respondent, vs. John W. Kern, appellant, appeal from Multnomah county, Shattuck, J.; affirmed. Opinion by Bean, J. This was an action to recover damages for a breach of contract of a covenant of warranty. December 28, 1SS7, Kern sold to John A. Wesco a half block In Kern's addition to East Portland, contracting to defend the property against any claim whatever. Wesco paid $300 down and gavo his note for the remainder. In 1S90 one Sperry began an action against John A. Wesco to recover the property, and while the case was pending Wesco transferred the premises to H. W. Wesco, subject to the $1600 mortgage. In 1S95 judgment was rendered for Sperry for a portion of the property and Wesco was evicted there from. In the same year, suit was com menced by one Smith, to whom tho pur chase note had been assigned, and the mortgage was foreclosed. This action was then brought for damages for a breach of the covenant of warranty caused by the eviction of the plaintiff from a por tion of the premises described In the deed from the defendant to plaintiffs grantor, John A. Wesco. It resulted In a judgment for $425, and the defendant appealed. The defendant contended that the fore closure of the $1600 mortgage operated as a conveyance to the purchaser of all the rights Wesco had acquired; also that the lower court had erred In Instructing the Jury as to the amount of damages. Justice Bean held on the two conten tl6ns: "Under our system, a mortgage of real property does not operate to convey title, and hence the mere execution of the mort gage by Wesco to Kern did not operate to extinguish his right of action for sub sequently broken covenants in the deed of conveyance. There la no merit, therefore, In the contention that tfie foreclosure and sale under mortgage Is a bar to plaintiffs right of action to recover damages for a breach occurring prior to the commence ment of the foreclosure suit. ... In -this case the court seems to have In structed the jury that the measure of damages wa3 the value of the land from which the plaintiff was evicted. But It Is unnecessary to decide whether this is the better rule or not, since it is the one requested by the defendant, and he Has no right to complain because the court adopted his theory of the law. It follows that the judgment must be affirmed, and it is so ordered." Faber & Neis, respondents, V3. C. R. Hougham, appellants, appeal from. Mar lon county, Burnett, J.; reversed and re manded for a new trial. Opinion by Bean, J. This Is an action to recover damages for the breach of a written contract made on November 9, 1896, whereby the defend ant agreed to sell and deliver to the plaintiffs, after they were picked, cured and baled, 14,000 pounds of hops then growing on his farm, for which the plain tiff agreed to pay 5 cents a pound, $1 of which was paid at the time the contract was made, 3 cents a pound were to be paid at the time of picking the hops, on or about September 15, and the balance after delivery and acceptance. The com plaint alleges the full performance of the contract by the plaintiff and the refusal of the defendant to deliver the hops as agreed to their damage In the sum of 41200. The defendant admitted the contract but denied the oral agreement, and also averred that the plaintiffs had failed to fulfill the contract. The case went to trial and on motion of plaintiffs the court di rected a verdict in their favor for the mar ket value of the hops, less the contract price, and from this judgment appeal was taken. The opinion said: "This ruling must have been predicated upon the assumption that a failure on the part of the plaintiffs to make the payment of 3& cents a pound as agreed would not preclude them from recovering damages for the subsequent failure of the defend ant to deliver the hops, because there was a conflict in the testimony as to whether the plaintiffs had complied with the con tract in this regard, and, unless such Is sue was immaterial. It ought to have been determined by the jury and not by the court. Now, It Is familiar law that If an action be brought on the covenants of an executory contract it is necessary, as a general rule, for the plaintiff to aver and prove full performance on his part, but It Is claimed that this rule Is inap plicable here because the agreement by the defendant to deliVer the hops was Independent of the covenant to pay the 3 cents a pound at the specified time. . . . The old cases turned upon a technical construction of the language used, but the tendency of modern decisions is that tht covenants in a contract should be con strued as either dependent or Independent of each other according to the meaning and Intent of the parties, and the justice and good sense of each case. And it does not follow because one of the promises is independent, the other must be also. . . . The payment to be made' at the time of picking the hops Is independent in the sense that an action could have been main tained thereon by the defendant without averring performance on his part; but It was, under the circumstances of the case, a condition precedent to a delivery ot the hops by the defendant and before the plaintiffs can recover damages for non delivery they must aUege and prove per formance of such covenant on their part. . . . The complaint alleges a full per formance of the contract by the plaintiffs, and evidence was given on the trial tend ing to sustain such allegation, and, in our opinion, It was error for the court to rule that the question was immaterial, and that plaintiffs could recover whether they had complied with the contract on their part In this Tegard or not. It is claimed that defendant could not set up the nonperformance of the contract by the plaintiffs as a defense to this action, because he did not return or offer to re turn the $1 paid at the time of signing the contract. But this Js an action to r cover damages for the breach of an execu tory contract. For the plaintiffs to re cover, it Is necessary for them to allege and prove performance or Its equivalent on their part, and a failure of, tiio defend ant to return the amount received Is no ex cuse for such nonperformance, whatever may be the plaintiff's right In some other form of action. ... It follows that the judgment of the court below must be re versed and remanded for a new trial. Afln. "Rlntrham. resuondent. vs. Llpman, Wolfe & Co. et al., appellants; ordered on stipulation that appellants' have until February 1, 1900, to servo ana me tneir brief. AttipII.t. .Tester, resuondent. vs. Llpman, Wolfe & Co. et al., appellants; same order. Cleveland KocKwen, piainun, vs. jruri. innd Sjivimrs bank et al.. defendants: Richard Nixon, receiver, appellant, vs. Mutual Savings bank, of San Francisco, respondent; ordered on stipulation that appellant have until January Al, 1900, to serve and file brief. C. Zimmerman, trustee, appellant, vs. William Barlow, respondent; appeal dis missed on stipulation of parties. J. L. Lewis, respondent, vs. John Croft et al., appellants; argued and submitted by J. R. Wygant, for appellants, on the motion to dismiss; argued on the 2d Inst, by H. C. Watson, for the njotlon. W. H. Nunn, appellant, vs. Mary ana W. E. Bird, respondents; argued and sub mitted. State of Oregon, plaintiff, vs. Marlon county, defendant; argued and submitted. Petitions for rehearing denied in the fol lowing cases: Mary O'Brien, appellant, vs. John O'Brien, respondent; W. R. Willis, admin istrator, appellant, vs. George A. Smith, respondent; Andrew Allen et al., vs. City of Portland; W. H. Mall et al., appellants, vs. City of Portland et al., respondents; THE BEST NATURAL APERIENT WATER, BOTTLED AT THE SPRINGS, BUDA PEST, -HUNGARY. Under the Scientific Supervision of PROF, von FODOR, Director of the Hygienic Institute, Royal University, Buda Pesth. YOUNG atwnt trnjiniAfi nMth nltrht fulness, aversion to society, which deprive FOR BUSINESS OR MARRIAGE. MIDDLE-AGED MEN who from excesses and strains have lost their MANLY POWER. . -""Wti BLOOD AND SKIN DISEASES. Syphilis. Gonorrhoea, painful, bloody urine Gleet. Stricture, enlarged prostate. Sexual Debility, Varicocele. Hydrocele Kldnev and Liver troubles, cured WITHOUT MERCURY AND OTHER POISONOUS DRUGS. Catarrh and Rheumatism CURED. xu&ujuus Dr. Walker's methods are regular and scientific. He uses no patent nostrums or ready-made preparations, but cures the disease by thorough medical treatment. His New Pamphlet on Prtvato Diseases sent Free to all men who describe their trouble. PATIENTS cured at home. Terms reasonable. All letters answered In plain envelope Consultation free and sacredly confidential. Call on or address Doctor Walker, 132 First St.. Corner Alder, Portland, Or. DON'T PUT OFF TILL TOMORROW THE DUTIES OF TODAY." BUY ACAKE OF Rachel M. Hilts, respondent, vs. Freeman S. Ladd et al., appellants; and the J M. Russell Company, respondent, vs. E R. LlUenthal, appellant. Washinprton Supreme Court. OLYMPIA, Jan. S. Opinions were filed in the following- cases by the supreme court today: State of Washington ex reL M, Billings, relator, vs. Commissioner ot Public Lands; writ ordered Issued. Sag inaw Logging Company, appellants, vs. Sheriff of King County, respondent; upon rehearing, court sustained a former de cision. The appropriation for advertising the sale of timber lands has been- exhausted in the office of the commissioner of pub lic lands, which will henceforth material ly embarrass business In this particular. Applicants will probably be called upon to do their own advertising. FOOTPADS AT THE DALLES. WorUinsmcn Held Up in Early Morn ing: Hours. THE DALLES, Or., Jan. 8. Footpads have been operating in this city of late. This morning, about 4 o'clock, two work lngmen were held up in the east end of town and relieved of their valuables. Two suspicious - looking characters were taken into custody by Sheriff Kelly and articles found on their persons leave no doubt as to their guilt. All the stolen articles were recovered. Dallas Notes. DALLAS. Or., Jan. 8. County School Superintendent J. N. Hart has completed the January distribution of public school money. The districts each received $50 and $1 per scholar enrolled. The amount distributed m the county was $7125. The Polk County Teachers Association will be held in Dallas February 20. At Saturday's sitting of the county court, a new justice district was formed., consisting of Salt Lake and McCoy pre cincts. This district will be known as district No. 6. S. L. Stewart was ap pointed justice of the peace and G. L. Kelty constable for the new district, to servo until next election. Mrs. Evy Hay ter was appointed additional deputy cleric to do the additional work of the census office imposed by the "registration" law. U. S. Grant, a prominent goatralser, es timates there were 10,000 goats in Polk county January 1, 1S99, and 15,000 January L 1900, an increase of 50 per cent. Vancouver Notes. VANCOUVER, Wash., Jan. 8. A ser ies of special revival services was begun at the Methodist Episcopal church last night. The meetings are being conducted by the Rev! Mr. Todd, pastor of the church, and will be held every night this week, except Saturday. The county commissioners were occu pied today viewing roads and bridges in the vicinity of Fourth Plain and La Camaa. A lively game of football took place on the public levee here yesterday between the team known as the Orients, of Port land, and the Vancouver team, resulting In a score of 10 to 0, im favor of the vis itors. Lumbermen Want Snow. Palouse Republic. There is considerable uneasiness felt among sawmill men because of the open winter and lack of snow, without which the logs cannot bo hauled to the river bank preparatory to being floated down to the mill3 In the spring. The logs are usually hauled on sleds, which is muti cheaper and more rapid than hauling on wagons. If snow does not fall sufficient to permit of sledding, roads will hac to be built and the logs hauled on wagons The large number of logs now ready to be hauled will make this method quite ex pensive, and the lumber men are anxiously waiting and hoping for snow. Chelialli Snloomuan Held Up- CHEHALIS, Wash.. Jan. 8. At 1 o'clock this morning three men entered Lon Kuchners saloon and held up th barkeeper, taking $20 out of the till. Th e was no one else In the saloon at the tim and the approach ot some one frightened them away before they succeeded in emp tying the till, which contained about $7 . Two of the men were dressed In women s clothes and the third had on a disgui made up partly of women's wear. All had rags over their faces, and revolvers. From their actions and from other c r cumstances. It is believed the hold-ups compriio a gang of local toughs. Pro-Boer Meetlns: In Seattle SEATTLE. Wash., Jan. 8. A. great pro Boer mass meeting was held In the arm ory here tonight. Speeches were mode by ex-Congressman James Hamilton Lewis, Colonel R. H. Lindsay and others. Tha feature of the evening was a fiery address made by Rev. Paul Kruger, of Hunts vllle. Wash., who claims to be a grand nephew of "Com" Paul. Resolutions bit terly denouncing the course of the British In Soutth Africa were passed with great enthusiasm. Spokane Woman Unused Herself. SPOKANE, Jan. S. Mrs. Louis Eilert, a pioneer woman and the wife of one of the most prominent citizens, hanged her self in her home here this evening. She had been sick and despondent, and was preparing to take a trip with her hus band to California for her health. The rash deed was done while the servant girl was absent from the house for a few minutes. Mrs. EHert was St years of age, Her brother Is sheriff of this county. TWENTY YEARS OF SUCCESS In the treatment of chronic diseases, such as liver, kidney and stomach disorders, constipation, diarrhoea, dropsical swellings Bright3 disease, etc KIDNEY AND URINARY Complaints, painful, dirttcult. too frequent, milky or bloody urine, unnatural discharges speedily cured. DISEASES OF THE RECTUM Such a3 piles, tistula, fissure, ulceration, mucous and bloody dh.ehu.ige3. cured without the knife, pain or confinement. DISEASES OF MEN Blood poison, gleet, stricture, unnatural losses 1m potency. thorougniy cured. No failures. Cures guar-nntt-ed. emissions, dreams, exhausting ,ii.nn, ui. you of your manhood. UNFITS vntT -