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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 16, 1900)
THE MORjKING OEEGONIAl TUESDAY, JANUARY 16, 1900.
IREGON SUPREME COURT
JUDGMENT AFFIRMED IS CASE OF
BIGRRELL VS. MILLER.
eciuIonn in Case of Ttfnns vs. Frn-
fzlcr, Garbade vs. Larch. Mountain
laveittment Company, and Others.
SALEM, Or., Jan. 15. The supreme
sourt today decided the case of Otto
lorreu vs. Joseph Miller. In the matter
rf an executioE. In which J. R. Stoddard.
for the plaintiff, and Charles F. Xiord,
er-aistrict attorney of Multnomah county,
for the defendant, are directly Involved
attorneys. The judgment of the lower
sourt was affirmed, Justice Moore ren-
lering the opinion.
The Morrell-Miller case Is somewhat
alebraied in Mulanomah county. In 1S93
ier, without provocation, shot Morrell
id nearly ended his life. For the crime
"was indicted and sentenced to a term
the penitentiary, but during his trial,
so it is asserted, he conveyed all his prop.
erty to Lord. Miller, whose wound neces
sitated the amputation of his leg, began a
BUlt for damages. The opinion follows:
This was a summary proceeding to com
pel the clerk of the trial court to issue
execution. The facts were that plalnt-
ilff, having commenced an action in the
icircuit court to recover damages result-
from personal injuries inflicted by the
Idefendant, recovered a judgment against
Ihim, May 3, 1S92, for the sum of 510,000,
Iwhlcli was the same day entered upon
ithe judgment lien docket of Multnomah
conty, Miller transferred his property
Ion May 20, 1893, to Charles F. Xiord, ex
Idistrlct attorney of Multnomah county,
land others, Iord and some of the others
Ibelng his attorneys. Morrell commenced
Isult o set aside the conveyance, and April
118, 1SS4, E. B. "Watson, J. R. Stoddard and
IE. Mendenhall, plaintiff's attorneys, gave
inotlce of their lien for compensation, spe
ic!a'"y agreed upon, and the same was en-
Itered in the docket and became a lien
lupon any sum that might be realized un-
der said judgment. A decree for the relief
Iwas secured, and Lord appealed, and the
I supreme court Tendered a decree against
Ihim and In the plaintiff's favor for the
I sum of J253 and costs. A mandate hav
llng been sent down, the trial court, on
iAprll 23, 1S95, entered a decree against
sLord, as directed in the remittur, and the
Isame was docketed and became a Hen on
fh.s property. In May, 1837, the plaintiff,
for a consideration of $50, assigned his in
terest in the decree to Attorney John F.
1 Logan, who settled with Lord. There
jupon Lord refused a subsequent request
Icf plaintiff's attorneys to pay them the
amount due under the decree, whereupon
tnls proceeding was instituted.
In his opinion, Justice Moore said:
"... An attorney's Hen for compen-
fsatlon is a creature of the statute, and
the benefits to be derived therefrom are
stained only by a strict compliance with
fits provisions. . . . The lien, when It
1 attaches to money in the hands of the
fadvcse party. Is, In effect, an equitable
1 assignment pro tanto by the client to his
fa.torney of so much thereof as may be
frccesary to satisfy his demand for ser-
I vices performed in securing the fund. . .
Ey the suit to subject Miller's property
in Lord s hands to the payment of Mor-
re s judgment. Lord became a party to
he er.glnal judgment, and, a notice of
u-fn hnvlrg been properly filed thereon,
a.tched to the fund in his hand. No
c-r.r was therefore committed In order
ly c erk t. issue execution, and hence
sit fo-io ws that the judgment Is affirmed.'
Corrad Young, respondent, vs. "William
i -czii. r et al., appellants, appeal from
Mu-Jioash county. Shattuck. J.: af-
Lrmc d. Opinion by Moor, J.
Th.s is a special proceeding against
W....am Frazier, as sheriff of Multnomah
ccur-j to have the cause of his (Young's)
lirp'-.ransaent teauired into And to 1e re
lieved therefrom. Young was indicted for
er 'icing William Seheke, a seaman, from
a Ge-man vessel c which he was -em-p
oj ed Frasier, sheriff of Multnomah
ci-urty, when allowed to plead to a writ
tf habnas corpus, certified that he held
Young by virtue of an order of the crim
inal court to answer to an indictment
against him. Upon this Issue a trial was
had resulting in Young's discharge, and
the state appealed.
In his opinion Justice Moore said:
"The question presented by this appeal
is v he Jier the statute under which Young
is indicted Is violative of article 1, section
8, subdivision 3, of the constitution of the
United States, as being an attempt on the
part of the legislature to regulate com
merce with foreign nations.'
After reciting the act, the opinion con
tlrucs: "Notwithstanding congress possesses
power to regulate commerce with for
eign nations and among the several states,
each state has retained a sufficient meas
ure of power to enable it to enforce its
Internal police regulations. In the exercise
of which It can establish and regulate
ferries across Its navigable rivers, con
trol the moving of vessels in harbors
w trin its borders, and enact health and!
Inspection laws, which, by quarantine or
otherwise, may operate on persons within
its jurisdiction in the course of commer
cial operation. ... It is only when a
statute of a state conflicts with an act
of congress regulating foreign or Inter
state commerce, or contravenes the gen
eral policy of the government, that it
must yield. . . Congress has pre
scr bed a punishment for any person who
shall harbor or secrete a seaman belong
ing to any vessel, knowing him to belong
thereto . . - The act ... is a rlgat
ful exercise of the police power of the
state, in the regulation iof matters to
which it applies, and. Instead of being in
confi"t with any regulation of congress
upon the subject, or in contravention of
the general policy of the government, It Is
In fact In aid of commerce rather than In
restriction of it. . . . The court having
erred in discharging the plaintiff, it fol
lows that the judgment is reversed and
the cause reminded, with instructions to
the court below to have him apprehended
and required to plead to the indictment."
J T. Osborn, respondent, vs. Newberg
Orchard Association, appellant, appeal
from Multnomah county. Frazer, J.; af
firmed. Opinion per curiam.
This was a motion for the affirmance
of a judgment on the ground that the ap
peal had been abandoned. In the circuit
court the plaintiff secured a judgment
for $460 and 1755 costs. The opinion
" . . . The accruing costs upon the
first execution and the expenses incurred
In procuring the surety to the undertak
ing for the enforcement of the judgment
were proper items to be assessed against
the appellant and his sureties. The ex
penses of obtaining the surety ($10) are
assuredly not recoverable as costs and
disbursements in any event, and as it per
tains to the costs on the execution, we
are not sufficiently advised by the record
to determine whether they are properly
taxable to accruing costs or not; but
however this may be, they are only re
coverable, if at all, by force of the judg
ment in the lower court, if the same is
still effective and susceptible of enforce
ment. "We can only give judgment here
for affirmance and for the costs attend
ing the appeal."
T A. Garbade, respondent, vs. The
Larch Mountain Investment Company,
appellant, appeal from Multnomah coun
ty, Fraser, J.; motion overruled. Opin-
Sor per curiam. - -
This was a motion for affirmance of the
judgment appealed from upon the ground
that none of the matters assigned as er
ror appear in the transcript. The re
spondent's motion was based entirely
upon the absence of the appellant's bm
of exceptions from the record, and was
Tmas Spencer, respondent, vs. J. P
I Carbon, appellant, appeal trorn. Clatsop
county, McBrlde, J.; reversed and com
plaint dismissed. Opinion by Bean, J.
The relief sought in this suit was that
the defendant be decreed to hold the legal
title to a tide Island in the Columbia
river. The plaintiff applied to the board
at school land commissioners for the
purchase of land In controversy, but by
mistake of the county surveyor it was
misdescribed. His application was al
lowed and the land sold In September,
1S93, and a lew days later the defendant
with a full knowledge of the facts ap
plied for the Island and described ic cor
rectly and the board sold and conveyed it
to him. At the time of the plaintiffs pur
chase, he was a resident of the state but
not a citizen of the United States, al
though he had declared his Intention to
become such. The question to be deter
mined was whether an alien who had
declared his intention to become a citizen
of the United States was a qualified pur
chaser of school lands under the act of
1BS1. By this act the board of school land
commissioners was authorized and re
quired to sell the tide and swamp lands
of the state, Including tide flats not ad
jacent to the shores and situated within
the tide waters of the Columbia river and
Coos bay, to citizens of the state of Ore
gon, in quantities not exceeding 320 acres
to any one person, and at a price not ex
ceeding $1 per acre.
The opinion says:
" . . A citizen of the state, unless ne
is also a citizen of the United States, can
not become a purchaser under the act,
because It is Impossible for him to make
the affidavit required as a condition prece
dent to his right to purchase. No one
but a citizen of the United States can
comply with the statutes in this regard.
It Is a cardinal rule for the construction
of statutes that force and effect must be
given. If possible, to every word, clause,
and sentence of the act, and that It must
be so construed as to make all the parts
harmonize with each other and render
them consistent with its general scope
and object, and this can be done In the
case at bsr. . . . "We are of the opin
ion, therefore, thai under this act no one
but a citizen of the United States Is en
titled to purchase the lands referred to in
the statute, and hence the plaintiff was
not a qualified purchaser and is not en
titled to the reHef demanded, and it is
Leo Hamorlynck, respondent, vs. M. G.
Banfleld and Thomas Rand, appellants,
appeal from Multnomah county, Shat
tuck, Jr.; affirmed. Opinion by Wolver
ton. C. J.
This was an action for damages arising
out of the alleged negligence of the de
fendants in cutting holes in a bridge on
a public street in Portland and leaving
them insecurely covered, by reason where
of plaintiff was thrown from his wagon
In attempting to cross said bridge, and In
jured. The defense interposed contribu
tory negligence on the part of the plaintiff
in attempting to cross a bridge where
danger was apparent, and In attempting
to use the bridge at all, there being an
other route by which he could have avoid
ed it altogether. The bridge was situat
ed on Twelfth street from Qulmby to
Overton. The liDles mentioned are such
as are usually cut In bridges to facilitate
the dumping of garbage, etc., in which the
defendants were engaged when the plain
tiff tried to drive by. Judgment against
the defendants was granted, and they ap
pealed. The court held that there was
no error in the record, and affirmed the
S. B. Catterlin, appellant, vs. A Bush,
respondents, appeal from Marlon county,
Burnett, J.; motion to dismiss appeal de
nied. Opinion per curiam.
The question involved was whether the
act of February t2, 1899, amending1 sec
tion 541 of the code (laws 1S99, page 227)
armlies to appeals taken and perfected be
fore it went into effect. It was held that
the statute was made applicable to future
not to past appeals, and, "while under the
technical rule of law It might be consid
ered retroactive, we are not disposed to
give It such a construction. Tne rignt to
an appeal is a valuable one, and while
It Is purely statutory and may be modi
fied, or perhaps entirely done away with
by statute, a legislative intent to do so
ought not to be inferred from doubtful
statutory provisions. The motion to dis
miss is therefore denied."
F. H. Saylor, respondent, vs. Christey
Oakes and Thomas Duffy, appellants;
appeal from Multnomah county; argued
Dundee Mortgage & Trust Company vs.
John H. Goodman, appellant; appeal from
Multnomah county; argued and submit
ted. L. Wllhelm et al., appellants, vs. R.
C. Smith et al., respondents; ordered on
motion that respondents time to serve
and file brief herein be further extended
Ella Rathbone, administratrix, respond
ent, vs. the O. R. & N. Co., appellants;
ordered on stipulation that appellants
time to serve and file brief herein be
extended to February 10. 1900.
E. F. Hannum et al., respondents, vs.
C. P. Brown et al., appellants; ordered
on stipulation that appellants have until
February 15, 1900, to serve and file their
T. A Garbade, respondent, vs. the
Larch Mountain Investment Company,
appellant; motion overruled.
David M. Dunne et aL respondents, vs.
Portland Street Railway Company et al.,
appellants; ordered on sUpulation that
appellants have unttl February 10, 1900,
to serve and file their brief.
George C. Mellott, appellant, vs. F. O.
Downing et aL, respondents; motion for
rule on clerk to supply omissions in
E. B. Watson et al., respondents, vs.
Southern Oregon Company, appellant,
and J. L. Lewis, respondent, vs. John
Croft et aL, appellants; motion to dismiss
A. G. Brauer, respondent, vs. City of
Portland; petiUon for rehearing denied.
The Northwest Door Company, appel
lant, vs. S. Tomllnson et aL, respondents,
and H. J. Fish'er et al., appellants, vs.
S. Tomllnson; cule on clerk to supply
omission In transcript allowed.
LECTURE TO ELECTORS.
The Neglect of County Committeemen
of Political Parties.
Pendleton East Oregonlan.
A meeting of the democrat c county
central committee has been called for
January 27 In this city. Proximity of
the state and county elections and necss
sity to make preparations for the cam
paign, cause the call to be issued. Doubt
less, the call will be answered by only
a few members of the committee, and the
first movement towards setting in motion
tho wheels of party machinery w 11 be
comparatively weak. "Were the republi
can county committee to receive a simi
lar call, the same lack of interest would
probably be manifested. Any one who Is
familiar witH the conduct of county cam
paigns knows that it is alwajs safe to
predict lack of interest in the beginning
of a campaign.
Usually, a few men gather at the first
meetings, each with a pocketful of prox
ies, and lay the founaaUons as they
choose. Later, when the vital issues are
determined, the others deeper in their in
terest begin to stir themselves and make
a fight, the character of wh.ch has already
been decided by the handful who fiist
gave the matter attent on.
This creates a system of county boss
ism. J prevents the county oisanizaiionja
from maintaining any semblance of be
ing representative of the mass of voters
By neplecting to attend the meetings of
a committee, membership in which they
accepted, representative par y men
throughout a county turn over to a f w
politic ans the conduct of affairs, and then
often complain "of the corruption In poli
tics. If the smaller organiz iona in the
counties were kept dean In method and
.free from corrupt practices, then the
higher organizations of state and nation
would be placed upon a higher level.
GREAT COPPER STRIKE
AN ELEVEN-FOOT VEIN IN THE 131
Tnc "Snake River Cuief" and Its Re
cent Development Worlc Ne-rr
York Bonkers Interested.
LEWISTON. Idaho. Jan. 14. A mnnpr
strike has just been made at the mouth
of the Imnaha river, in the state of Ore-
gon, that will probably prove to be one of
the most important discoveries of the kind
In the world. It is on the Snake River-
Chief ledge, one of the Hibbs group. The
discovery was made in a winze at the end
of a 70-foot tunnel. The vein at the end of
the tunnel was 11 feet wide. The ore is
red oxide of, copper, and is probably worth
$200 a ton.
The history of the prospect is interesting.
At Joseph, Or., there live two cattlemen,
named M. R. Hibbs and E. "M. Barton.
They have prospected, mined and raised
cattle for years. In June, 1S99, M. R. Hibbs ,
went into ine imnana district on a pros
pecting tour, and saw surface indications ' where he ascertained the facts relating
that suggested copper. He took into part- j to the killing of a man Sunday morning
nershlp with him E. M. Barton, besides by a freight train. The name of the vlc
hls two brothers, R. B. and Newton Hibbs, tim is Jesse Beard, learned by a letter
of Lewiston. The four men filed on 23 found addressed to him at La Grande,
locations, covering the entire delta at the He was between 21 and 24 years of ago,
- " -' ' " " J Xi v ' ?- "t
5-ae oA Oregon- I c $
?- k ', tr S It 7(y,' - " -,J
mouth of the Imnaha. They did not hav
money enough to do extensive develop
ment work, and sought for capital to aid
them. It was an uphill task, for most
everybody had a mine to sell or bond.
But they persisted, and, through the in
fluence of John P. Vollmer, president of
the First National bank, of Lewiston, they
obtained recognition In New Tork city.
Several New York bankers decided to take
a "shy" at unknown opportunities, much
as they might play a slot machine for ci
gars. They were not of the small fry
In banking circles, but such men as Bel
mont, Friedman, Schneider, Potter and
Rosenkranz. The Idaho Exploration Com
pany was formed, under the laws of "West
Virginia, and the Hibbs group of minea
was bonded for $100,000. The terms of
the bond stipulated that, the sum of $1300
was to be paid In cash to reimburse the'
prospectors. The date of the bond was
August 7, 1899. Work of development was
to begin within 30 days from the execution
bf the bond, and at least 50 feet of under
ground tunneling must be carried on each
month for the period of one year, unless
paying ore was found before the expira
tion of the time limit.
The New Tork men sent an expert to
examine tho property, and engaged F. E.
Johnesse as superintendent of the devel
opment work. Mr. Johnesse is a capable
miner, and was once a member of the
Idaho legislature. Out of 10 well-defined
ledges, he selected four, on which work
was begun. The country Is some of tho
wildest and most inaccessible in all Ore
gon. No horse could be taken in until a
trail was blasted out of solid rock in
somo places. With a crew of men and
plenty of money, Mr. Johnesse soon be
gan to make headway. He was encour
aged by the permanency of the showings.
There was a heavy iron capping that al
most defied the force of dynamite. He
found a hematite iron vein filling, that
gave promise of good copper ore. There
was nothing discouraging in the work,
except the difficulty of getting through
the iron. Fully $15,000 had been expended
up to the beginning of the new year.
About 400 feet of underground work had
been done when the strike was made.
M. R. Hibbs rode on horseback 50 miles to
Joseph, and there notified bis brothers
in Lewiston of the great discovery. John
P. Vollmer, the local representative of the
company, informed the New York men by
When it is considered that the men who
take up the bond are amply able to de
velop the mines, build railroads, and do
all other things necessary to the founding
of a great copper mining camp, the im
portance of the discovery cannot be over-
estimated. The New York bankers aro
not gamblers in mining stock a penny a
share, nor are they wild-cat speculators.
They are not bent on selling stock to
.hired glris and barbers, but rather are
they roasters of finance, who have no
doubt envied the sudden and co!ossal
wealth of such copper kings as W. A.
Clark and Marcus Daly. They have sim
ply taken a flyer in copper prospects, and
may be able to outrival Butte.
There is a good deal of excitement in
Lewiston over the discovery, as every
body has been expecting something from
the continuous work that has been going
Letter From the Baiter City Snlcide
to n Minister.
On the person of Michael Rosendorf,
formerly of Independence, who commit
ted suicide in Baker City on the 12th inst.,
wcro found several letters to his family,
and the following to a minister, with
its warning against gambling:
"Rev. J. B. N. Bell Dear Friend: I
wish you would telegraph or telephone to
Joe Hirschberg, Independence, about ihis
mishap. He will pay all the expanses.
Tell Him that under no consideration
shall he allow my wife or children to come
up here, as it Is a dangerous and rough
trip, and they can do no "good. Please
Impress that upon his mind.
""I belong to Industry lodge, "No. 8, A.
O. U. W., of Portland, who allow 550 for
burial expenses. There Is no need of
spending that much money on me, as any
old cheap coffin will do for me, and I hope
the balance wid bo paid to my family,
who will need It. I want no embalming,
but would like to be Juried here by the
Workmen lodge. If Joe should happen to
be away from Independence, then tele
phone to Zed Rosendorf for him to tell
Joe. 3 am sure Joe and Zed will come.
and If they do I want them to pay Mrs.
White, at the hotel, 51 and get my valise"
and overcoat Pay to the St. Lawrence
restaurant 75 cents and redeem my watch
at E. P. Vorus' second-hand store for M0
and give It to Gordon .Custer Rosendorf
"I, am sick, and-tlred of the foolish, ex
travagant life I have lived, and am glad
to get out of It. Please be sure you tell
Joe not to let my wife or children come,
and if. possible bury me here at as little
cost as possible. Remember, Industry
lodge pays 430 toward the expenses. I
I hope the master workman here, to whom
I am under great obl'gations, will cer
tify to my death as scion as possible so
I my wife can sret the insurance money.
' "Now, Brother Bell, be easy" on me for
old acquaintance sake and see to it that
my request Is fulfilled. Tell Joe to give
you $2 25; my wife will "pay him back.
If jou want a good theme to preach on,
preach to younff men to never learn to
play a game of cards,
"Good-bye to you and all my friends.
i Yours truly, M. ROSENDORF."
FATE OF A TRAMP.
Benumbed by Coltl, lie Fell From tlie
Bralsebcnin, and Wn Killed".
PENDLETON", Or., Jan. 15. Coroner
Folsom has returned from Meacham,
as near as could be judged; of medium
"height and weight. It would appear he
was beating his way on the brakes, be
came numb with cold and fell off. The
body was dragged nearly half a mile, and
the entire train must have passed over
him. One leg was severed entirely, and
the entire body was hoi.ibly mangled.
The remains -were buried at Meacham,
without an Inquest.
On the person was found d letter- ad
dressed to him at La Grande7 dated No
vember 7, 1S99. The signature was that of
his sister, Jennie Beard, and the postmark
was Uklah, Mendocino county, Cal. There
was a photograph of a young girl in the
letter, but whether it was "his sister or
sweetheart is not known.
VANCOUVER BARRACKS, Jan. 15. By
direction of the secretary of war, Lieutenant-Colonel
Cleary, deputy surgeon
general, upon the expiration of his pres
ent leave of absence, is relieved from duty
at Fort McPherson, Ga., and ordered to
proceed to Vancouver barracks, Washing
ton, and report in person to the com
manding officer of the post for duty as
surgeon, and to the commanding general
of the department for duty as chief sur
geon of the department. This order would
seem to indicate that Colonel Cleary would
relieve Major Rudolf G. Ebert, who is
now post surgeon and medical director of
the department; and who will probably
be ordered to duty in Alaska. It will prob
ably be several weeks yet before Colonel
Cleary reports for duty.
The secretary of war has directed that
Musician E. F. Mitchell, company B,
Thirty-ninth infantry, now confined at
his post, be discharged without honor
from the service of the United States by
reason of desertion.
First Lieutenant Isaac C. Jenks, Twenty-fourth
infantry, has been granted leave
of absence for 10 days.
SALEM, Or., Jan. 15. The quarterly
report of Superintendent Lee, of the peni
tentiary, was filed this afternoon. The
Expenses, etc. $3345 00
Relief of discharged convicts fund. 33 00
Rogues gallery 49 to
Electric lights 557 93
Public road fund 182 e
New wing and fire protection fund 279 81
Basket Ball at Vancouver.
VANCOUVER, Wash., Jan.-15. An in
teresting basket ball contest took place
at the Vancouver Amateur Athletic Club
gymnasium last Saturday evening, be
tween the first team of the ladles' class
of the Portland Turn Verein and the first
ladies' team of the Vancouver Amateur
Athletic Club. The score was 9 to 0, In
Claim for Salvage.
SEATTLE, Jan. 15. The Puget Sound
Tugboat Company today filed a heavy
claim for salvage against the. steamship
Elm Branch in the federal court. The
company's libel alleges that there is due
it the sum of $50,000 for services rendered
the Elm Branch while the latter vessel
was helplessly drifting, January 12 lastj.
off Cape Flattery. ,. ,
Bryan's "Western Trip.
NORTH YAKIMA, Jan. 15. Hon. J. D.
Medill, of this city, is in receipt of a let
ter from William J. Bryan, who says it is
not now certain whether he can visit this
state in February, as he had intended. He
promises to speak in North Yakima if he
comes to Washington.
Land Patent Approved.
WASHINGTON, Jan. 11. The secretary.
of the Interior has approved a patent of
19.G38.63 acres in The Dalles land district,
Or., to The Dalles Military Wagon Road
Company, the land being on the clear list.
Famous Picture Sold.
NEWxYORX, Jan. 15. According to a
cablegram from London, Sir Benjamin
West's famous picture, "The Raising of
Lazarus," which for over a century has
hung In Westminster cathedral, has been
sold for $7300 for the new Protestant
Episcopal cathedral in this city.
Does Your Head Ache?
Ask 3'0Ur druggist for Wright's Paragon
Headache and Neuralgia Cure. 25 cents.
.av jitrt, vrtirrn'irrir, vr?..lii ,,-,, . rfBrrn.f
seldom knocks twice at anybody's door. If not seized and made the most of, con
ditions generally go from bad to worse. Lost opportunity s rbad enough -Vhen
'financial results only ire involved, but it is infinitely more-so when one's health is
in the balance. There comes a time when oneAvho is suffering from Bright'sdis-
ease of the kidneys cannot be helped. His kidneys are destroyed and no medi
cine or man can replace them. But there was a time, an opportunity given to
stop its ravages. Kidney disease manifests itself by backache, Unusual desire to
urinate, tired feelings, discolored water showing sediment on standing, headache,
dyspepsia, bad taste in the mouth,' short breath, loss of memory and many other
, .symptoms. A person may have one or more of. the above indications of kidney
- .r, trouble or others, such as failure of eyesight rheumatism, chills' and fever, consti
pation, neuralgia, etc. The foregoing are but symptoms of the real trouble dis
eased kidneys. When any of the preceding warnings are given of kidney disease,
just then is the time, the opportunity, to resort to Warner's Safe Cure, a vegetable
r preparation, which has stood the test of twenty years in all parts of the world and
cured more people of kidney, liver and urinary diseases than any preparation ever
.-'Vrt.- manufactured. - "'.
- - This great remedy can be procured, of your druggist. Accept no substitute.
' "V .It has been proved in thousands of-casesthat there is nothing "just as good."
FOR LIVERPOOL DIRECT
GERMAN BARK MAGDALDSE WITH
A BIG CARGO.
'Has Aboard Over 4800 Tons Colony
nnd Clarence S. Bement Arrive
,.The Magdalene and the Criffel, the larg
est and the smalles vessels in this port,
were cleared yesterday by Bajfour, Guthrie
& Co., with grain cargoes for Europe. The
hblg ship of the pair was of such mammoth
proportions that she easily pulled the
average for the two up to over 100,000
bushels of wheat, which is a very good
sized cargo, even for Portland, which Is
famous for big cargoes. The German
bark Magdalene has other distinctions be
sides being the largest of a fleet of 20
ships now in the river, for she Is the first
vessel of the 18S9-1900 grain fleet from this
port to clear for Liverpool direct. She
has aboard 135,141 bushels of wheat, valued
at $70,750, and 30,110 bushels of barley,
Valued at $13,000. The vessel loaded here
about 18 months ago, when she was flying
the British flag, and bearing the name
Trade Winds. At that time she took out
a cargo three tons heavier, than the one
with which she cleared yesterday.
The srriall .member of the pair of grain
carriers was the British bark Criffel,
which was cleared for Queenstown or
Falmouth for orders, with 74,866 bushels ot
wheat, valued at $41,200. The Criffel will
leave down this morning in tow of tne
Emma Hayward, and the Magdalene will
be taken down by the Hassalo, the most
powerful boat on the river. The Magda
lenewlll go down drawing 23 feet 2 inches,
and, no trouble is anticipated in taking her
'through without delay, as she Is drawing
only an Inch more than the Royal Forth,
which was taken down on a lower stage of
FORTY DAYS IK A TEMPEST.
Schooner Muriel Driven Across the
PORT TdWNSEND, Jan. 15. The
schooner Muriel, after being buffeted
aboift on tempestuous seas for 40 days. In
trying to reach Hakodate from Kobe, ar
rived hero this morning, nearly stripped
of sails and some of her spars gone. The
Muriel sailed from Kobe for Hakodate
for a cargo of sulphur for San Fran
cisco, and after leaving the former port
encountered severe gales for 14 days, at
the expiration of which time she found
herself several hundred miles further
away from her destination than the day
she sailed, with sails tattered and torn
and some ef her spars carried away. In
this condition, Captain Carleson deemed it
impossible to reach Hakodate, so with
what remaining sail he had, he headed
for Puget sound, sailing before the gale.
On one occasion during the first 14 days
out, Captain Carleson reports having en
countered a severe storm of snow, hail
and fire. The night was very "dark, and
the wind was blowing with hurricane
force. SLeet and hail rattled on the deck,
which, with the force of the wind, en
dangered the lives of the sailors. Great
sheets of lightning swept the sea, and at
times it appeared as though the vessel
was in a sea of Are. Captain Carleson
says it was the most fearful experience
he ever had during his life at sea, and he
feels thankful that he- and his crew are
here to tell the tale.
TWO MORE GRAIX-CARRIERS.
Clarence S. Bement nnd Colony Ar
rive at Astoria.
The Clarence S. Bement and the Colony,
which were reported off the mouth of the
river last Friday, crossed in yesterday
morning, and will be brought to Portland
as soon as the towboat arrives down. The
Bement has the distinction of being the
second iron sailing ship built In America,
and in tho early days of her career made
several trips In the round-the-Horn trade
between Portland and New York. It
has been several years since she was last
here. She is a very fine ship, and was
constructed under the superintendence of
Lieutenant GjorrJnge, the famous engineer,
Who brought the obelisk Cleopatra s
Needle front Egypt to New York. The
Colony is also well known in this port,
and has the reputation of being one of
the smartest ships that ever sailed out of
here. Slfe has made a good passage in
sn'te of her delay off the mouth of the
river, being but 63 days from Taltal.
Wreck Still Unidentified.
ST. JOHN'S," N. F., Jan. 15. Midnight
The latest advices" destroy many theories'
propounded concerning the d Easter and
render it more mysterious than ever. Ow
ing to the continuance of turbulent seas,
It is Impossible to launch boats or to ven
ture down to the beach with any safety.
Bodies and wreckage are still vi3ib'e, the
latter increasing as the ship breaks up.
The Colonial cruiser Fiona is now at
the wreck. She will be joined in the
morning by the tug Ingraham, and a diver
will go down, if the sea permits. Fail
ing thL?, an attempt will be made to ef
fect a landing in Scul?in cove, where
there are two bodies and almost an entire
boat. It seems h'ghly probable that the
name of the vesseL will be learned to
morrow. Ships T'OJJ1 .Honolulu.
The Astoria, quarantine officer will have
quite a busy season, from present appear
ances. For ,the past three months sailing
vessels have been coming along at inter
vals'from Panama, where the fever raged
with creat severity all summer. The last
of the Panama ships, the Haddon Hall,
arrived in Friday, and now anpther fleet
from plague-stricken Honolulu is headed
In this direction. Tho first of these ves-
n"nryF r, l
f sels due is the BrIUsh bark Gulf Stream,
which sailed from Honolulu on the atn
Inst. There are half a dozen othfiTS In
the island fleet listed for Portland, so that
they will need attention for several weeks.
May Be the Parran.
BOSTON, Jan. 15. The chamber of com
merce marine department believes the
wrecked steamer at St. Mary's bay, N. F.,
is tho Parran, Norwegian, Captain Hen
ricksen, from Baltimore, January 5, for
Sydney, C. B., and which passed Highland
light January 8. Captain Henricksen had
his wife with- him.
The State made another good run up
yesterday, reaching Astoria at daylight
and her dock in this city shortly after 3
The Galena left down for Astoria Sunday
afternoon. The Alsterkamp Is the next
on the list to finish, and will get away in
a day or two.
The Willamette river is 'still rising, and
'yesterday the river boats had no use" for
the slips in the docks, but took freight
aboard over the guards from the ma.n
floor of the docks.
Robert Macintosh, the contractor, who
Is working on the lightship, was hi the
city yesterday. He says" the lightship Ls
still afloat, and will be brought around to
Astoria in due season, all reports to the
The T. J. Potter went out on the Has
salo's run last evening, the- Tatter bpat
being pressed into the towing service, ow
ing to an accident to the R. R. Thomp
son. While moving a hlp yesterday the
Thompson struck a scow and had one of
her cylinder timbers broken.
Domestie and Foreign Ports.
ASTORIA, Or., Jan. 15. Arrived British
ship Colony, 63 days from Taltal; Ameri
can ship Clarence S. Bement. 56 days from
Shanghai. Arrived in at 7 A. M. and let
up at 8:15 A. M. State of California, from
San Francisco. Arrived down Steamer
Aberdeen. Sailed at 11:20 A. M. Steamei
Aberdeen, for San Francisco. Sailed las:
night Steamer Geo. W. Elder, for San
Francisco. Condition of the bar at 5 P.
M obscured; wind, southeast.
San Francisco, Jan. 15. Arrived Steam
er Columbia, from Portland; U. S. trans
port Olympja, from Manila; schooner Fan
ny Adele, from GTay's harbor. Sailed
Steamer Sunol, for Gray's harbor.
Nagasaki, Jan. 15. Sailed British bark
Allegiance, for Portland. The British
steamship Energia, from Tacoma, for
Honr Kong, is reported ashore in Obrl:
channel. Assistance has bean sent. The
forehold Is full of water.
Honolulu Sailed Jan. 9. British bark
Gulf Stream, for Portland.
Glasgow, Jan. 15. Arrived Peruvian,
Liverpool, Jan. 15. Arrived Germanic,
from New York. Sailed Arcadian, ror
Philadelphia; Georgic, for New York.
Genoa, Jan. 15. ATrlved Werra, from
New York, for Naples.
Antwerp, Jan. 15. Arrived Kensington,
from New York.
Yokahama, Jan. 15. Arrived previously
Carlisle City, from San Diego, etc.
San Francisco, Jan. 15. Arrived Steam
er Bristol, from Departure bay.
Port Townsend. Jan. 15. Arrived Chil
ean ship Tefnuco, from Iqulqul.
Honolulu Arrived Jan. 7. Ship St.
Nicholas, from Departure bay; January 8
British bark Conway Castle, from Liver
pool. Port Blakeley Sailed Jan. 13. Ship
James Nesmith, for Delagoa bay.
Port Townsend Arrived Jan. 14. French
bark, Dominion, from Honolulu.
Sunderland, Jan. 15. Sailed Ohio, for
Boulogne, Jan. 15. Arrived Steamer,
Statendam, from New York for Rotter
dam, and proceeded.
LEASE OF GRAZING LANDS.
Jones Disensscs Question Tnroujju
Washington State Papers.
WASHINGTON, Jan. U. The ques'Ion
of leasing government grazing lands at
not less than one cent per acre per year
Is to be discussed by Congressman Jones
through the weekly newspapers of the
state of Washington. It Is estimated by
experts that the grazing lands of the coun
try would brln in $750,000 to $1,000,000 a
month regularly, year in and year out,
besides affording a method for utilizing"
these lands that would give satisfaction
to owners of large band3 of stock, as well
as to thorfe desiring to graze but a small
number of cattle or sheep.
The bill originally introduced In the sen
ate by Foster is Intended to bring up the
question for suggestions and discussion.
Already several bf the states have- given
indications for or aganst the measure.
Some owners of large bands of stock do
not desire a bill of this kind, while others
feel that their interests would bs served
better if they could lease a large tract
of grazing land and keep off other stock
men It Is proposed to have the bill, when
taken up for final .action, afford ample
protection to owners of but a couple of
head .of cattle as well as the stockman
with 2000 head. , .
Congressman Jones' letter to the week
lies of Washington will be as follows:
"To the Editor: A bill has been intro
duced in the senate providing for the leas
ing of the public lands west of the 99th
mer'dlan of longitude west of Greenwich,
which III Include the public lands of our
s"ate. Th's 's a very important matter
and is one that has not been dlscussedkOr
agitated to any great extent by-our people.
I am not fully decided in my own mind
as to what is best to be done, nch am I
decidPd as to what our people desire. I
know of no better way to get the expres
sion and sentiment of the people at large
than from the country presa; hence I
take the liberty of writing to you as well'
ns to others asking that you take vro ths
matter in your columns and' dlscuts "1 P
from tho standpoint of the people who are
interested in public lands that ar& not
likely to be used for any other purpose
"At the very outset is the important
question whether or not these lands shalL
be left as they now are, free to all. or
whether tho governmsnt shall enter upon
some policy that will bring to it some
revenue from these unused and unoccu
"In studying this question many mat
ters must be considered. Is the range of
more Importance to the people gnrally,
used as It now Is. than Is measurad by the,
amount of revenue that could be re.aqfvd
by the government by a system of las-
ting. which is estimated to be $3,640,060 or
$1,000,000, a groat part of which, it is pro
posed in the bill, shall be placed In a
fund to be U3ed for irrlgat on purposes?
Can the interests of th8 small owiwr of
stock be better protected by th system
of leasing than under the present plan?
Shall be be permitted to secure a range
close to his place of residence and have
It exclusively for his own use, provldtd
he fences It, or is ltr better, to leava the
L matter as It now Is, so that the range can
be overrun by large bands of shoep or.
pastured by large herdj of cattle and
horses? It must also be considered that
If leasing is provided for that the- owners
of large bodits of cattle and sheep wltt
very likely lease large tracts of land and
enclose them. Any person desiring to se
cure a small range will also have to en
close that, and in consequence we will find
out open country all enclosed. Which pol
icy wilt subserve the interests a the
greatest number of our people? OC
course, after this question la determined.
If -t should be determined that leasing Is
the best policy, then this Is simply a
matter of detail.
. '"Of course, in any bill for teaafng th
public lands there would certainly be pre
visions giving the farmer a preference
right to lease a range neatest his faun.
Any amount leased to any one person
would also be l-mlted in quantity, and tha
amount to be paid would be regulated by
the govenment or probably would be de
termined by bids offered for certain tracts
of land 'with a minimum limit. The price
per acre is determined by the bill at ene
cent per acre.
"I would deem It a very great favor,
indeed, if this matter were agftaMtf
through your columns and the views and
expressions of individuals and communi
ties ascertained. The matter, of course,
should not be decided upon the spur of
tho moment, nor should it be decided from
bias or prejud'ee. but after a careful and
painstaking consideration of all the ele
The eastern part of the state of Wash
ington to, in particular, ery nuieh. Inter
ested in the proposed legislatian.
4, a g ".
WASHINGTON, Jan. 11. The foIlowis
Northwestern peeions have been granted:
Original George H. Durham. Portland.
$6; Parley J. Foster, Salem, J8; John Web
ber. Sam's Valley. $6; Joeeph Hewitt,
Montavilla. !t. Original widows speefetl
Minor of Peter Lfiser. Portland.
$10; Cincinnati Lavery, S Iverton. $8; Lou
isa Ellen Combes t. St. Paul. $8; Swan Re
becca Curry. Clackamas. $12. "War with
Spain, widows, etc. Tscdore E. Cdwly,
La. Grande, $12. Reissue and increase.
Joseph H. Reynolds. We-stfall. $ to $3;
George W. King, dead, Pendleton. $fr to
Idaho Additional Thomas C Craig,
Moscow, ?& to J3. Mexican war, widows.
special Elizabeth Ann Davis. Toponls, IS.
For 25 cents, you can get Carter's Little
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