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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 31, 1900)
f f THE MOANING OltEGONIAN, WEDNESDAY, JANUARY 31, 1900. NO CAUSE TO Mb Clemens Shooting of Boland Without Justification. NEVER SAW THE HAN BEFORE The Murderer Galloped Array in the .Mght, and Xo Trace o Him Has Been Discovered. COLFAX, Jan. 30 Samuel R. Clemens, the murderer of George Boland, near Pampa," early Friday evening, is still at large, and the officers as yet have no iraee of his -whereabouts. Sheriff Ca- nutt, by authority of the commlss oners, lias offered 5500 reward for his capture. Clemens Is described as 46 years old, 5 leet 10 inches tall, weight 160 pounds, square build, piercing eyes, gray hair and mustache, bald at temples. He has sev eral scars on back of head and one thumb stiffened. The story of the crime, as told at the coroner's inquest, which "was held at the scene of the murder, disclosed the fact that apparently Clemens had but faint excuse for the crime. Clemens had but one child, a daughter 20 years old. and whom he bad not seen from babyhood unU four years ago. During these years he had lived alone, unsocial and morose. The arrival of his daughter did not change 3ils nature. Although fond of the girl, le did not want her to have young com pany. The two did not agree, and, on January 19, the girl ran away from home, going to a. neighbor's. The father worried greatly over her disappearance, and, al though he searched for the girl, he got no trace of her whereabouts until the day of the murder, when he heard that his daughter would attend the masquerade toall in company "with young Trile Carter. Clemens then told his nephew, J. E. Clemens, that he would -wait at a gate way through which every one would have to go on the way to the hall, and when the young man drove up with nls daugh ter he would take the girl and go home. Clemens stationed himself at the gate early In the evening, and nailed each team as it came up. "When Boland drove up he called out, "Whose team is this?" There being no answer, he advanced to the vehicle, and, standing within three feet of Boland, repeated his question. Nellie Clemens, who Tas sitting on the Dack eeat, says that she then recognized her lather, and said: "It's Boland's." But "before the "words "had left her lips her father had fired, and Boland had lurched forward, with a. bullet in his brain. Clemens at once mounted his horse and galloped furiously away Into the dark Slight, since which time no trace of him lias been found. Mrs. Ellen Byrnes, administratrix of the estate of Dan C. Callean, deceased, today sold the Dan Callean farm, near Tekoa, to James Murphy, a prominent farmer of the Oakesdale neighborhood, for $3000. Dan Callean was a bachelor farmer about 60 years old. who had lived In the vicinity of Tekoa for nearly 20 years, and was regarded as a man of considerable -wealth. On the night of January 18, 1S9S, Callean -nas in Tekoa until about 8 o'clock, and then started for "home on foot. This was the last ever seen of nim in life. Two days later his body was found about 103 yards from, his own house, lying in the snow. He nad been shot several times, and Anally the murderer had placed the muzzle of the pistol at his forehead and blown his brains out. Although numerous attempts have been made to solve the mystery of the murder, it is still unsolved. Ones F. Page today was granted a di vorce from Minnie A. Page, on the ground of Incompatibility of temperament. Ann McGarr also was granted a divorce from James McGarr, on the ground of deser tion, and the plaintiff was given title to 78 acres of land and the right to resume lier maiden name, Ann Canty. "Cavalrymen" Assaulted a Spccator. LEBANON. Or., Jan. SO. Last Satur day night, after the meeting of the cav alry company at this place, several of the members remained for exercise and drill. A harmless, half-witted young man hy the name of Charley Galloway went In as a spectator. Two or three of the young men began to abuse and beat Galloway, while another stood by the electric-light switch and turned the lights on and off to suit Galloway's assailants. After beating and kicking Galloway to their satisfaction, they left him, more dead than alive. Some men were attracted to the scene, and succeeded in reviving the young man, who was at first supposed to be dead. He is very badly injured His assailants are sons of respectable citizens of this place, who disapprove of such conduct, but seem powerless to curb the brutal disposition of their sons. Charged "Willi Larceny Prom a Store. SALEM, Or., Jan. 20 Thomas Mona Chan, a laborer, was arrested today for larceny from a store. Monagh&n. it is alleged, secreted himself last night in a room over a saloon conducted by J. P. .Rogers, and, after the place had been closed, he descended a private stairway and forced an entrance to the bar. After looting the cash register of 57 50 he made his escape. During the day he had been emploj d about the saloon. When searched at the city jail, $2 In change was found upon him. He will have a hearing before Recorder Judah tomorrow. 8100 Talcen From a Saloon. ROSEBURG. Or., Jan. 30 The Harmon saloon was burglarized last night, en trance being effected through a rear door One hundred dollars in coin was taken. 2Co clew was left. REPUBLICS EDITORS TO MEET. 'Will Discuss Plan of Campaign for the Coming: Spring. GERVAIS. Or., Jan. m Secretary Clark has issued notice for the annual meeting of the Oregon Republican Edi torial Association for Monday, February E. The meeting will be held In the Cham ber of Commerce, Portland, at 10 o'clock in the forenoon. The business coming before the associ ation is the election of officers, the con sideration of matters affecting the papers represented by the respective editors and determining a plan of campaign to be observed in the political contests to be waged in 1900. The officers are: Presi dent, D. M. C. Gault, Hillsboro; secretary, 'William J. Clarke, Gervais; treasurer, S. fi Train. Albanj-. The association has a membership of over forty papers and a number will par ticipate at this meeting that have not heretofore done so. All republican papers In the state are Invited to participate. WILL FUSE IX LIXX COUXTY. Populists and Democrats Appoint Committees to Arrange Details. ALBANY, Or., Jan. 30 The central committees of the democratic and peo ple's parties met in Albany today sepa rately and began arrangements for the union of the two parties in the coming county and state election. Each central committee appointed a committee of three to arrange for a common date for the coming county conventions. The Intention is to unite in the June election. Monmonth Republican CInb. MONMOUTH, Or., Jan. 30. At a meet ing of the Monmouth Republican Club last evening the following delegates were elected to the state league at Portland: I. S. Perkins. Frank Lucas, C C. Dough ty. J. H. Moran, L C. Prince, "E. M. Smith and Senator R. F. Mulkey. The following officers of the club "were elected: President, Ira P. Powell; vice- presidents, J. H. Moran and C. C. Dough ty: -secretary. JE. M.Smithptreasurer,-jL rS. Perkins. ARE SLOW TO FIX FHICES. Salmon "Combine" Will Wait to Find Selling Price. . ASTORIA, Or., Jan. 30. An official of the salmon "combine stated today that no action had yet been taken to fix the price for fish during the coming season, and no figure would be decided upon until It should be definitely ascertained what the canned product would bring in the market. Contrary to custom, the fisher men's union has done nothing regarding the price of raw fish, but the indications are that at the opening of the season sal mon will bring 5JA or 6 cents a pound, and at the cold-storage plants choice fisn will be worth at least 6 cents. Fish Commissiener Reed returned today from a trip to tho Necanicum, where he has recently put in fish-racks for catch ing steelheads for propagation purposes. He says that the trapowners and setnet ters on that river have agreed to leave one-third of it open, so he will not order fishing stopped altogether. There are no fish in the racks yet, and none are ex pected until next month. The financial 'statement of school dis trict No. 1, the city of Astoria, was com pleted today, and will be presented at the taxpayers' annual meeting tomorrow even ing. It shows the Indebtedness of the dis trict to be $80,643 14, of which $75,000 is in bonds, a reduction of S517T 88 in the year. The receipts from taxes and other sources for the year were $46,159 82, and the dis bursements were $46,155 08. Of this amount $17,178 50 was for salaries of teachers and janitors. The expenses for the year 1900 are estimated at $26,e04, and the board rec ommends that a tax levy of 10 mills be made. XORTHWEST DEAD. Mm. P. F. Clarlc, of Zena. SALEM, Or., Jan. 20. Mrs. P. F. Clark died at her home near Zena, Polk county, last Sunday. The immediate cause of her death was paralysis. The deceased was born in Tennessee, in 1830, and later' mpved to Missouri. In 1852 she was married to P. J. Clark, who sur vives 'her. Mr. and Mrs. Clark came to Oregon in 1874, and settled on the farm at Zena, The deceased leaves three children, all grown, as follows: Mrs. Henrietta1 Gib son, Eastern Washington; Miss Adda Clark. Oregon City; John F. Clark, Ore gon City. Fnneral of a Soldier. VANCOUVER, Wash., Jan. 30 The fu neral of Edward S. Moore, who died Feb ruary 28, 1899, at Manila, while serving with the First Montana volunteers, took place here today under the auspices of the Knights of Pythias, of which order de ceased was a member. The remains were given semi-military burial, being convey ed to the cemetery upon a caisson ac companied by Company G, National Guard of Washington, the Army' and Navy Union and the officers and members of the Knights of Pythias and the Rathbone Sisters lodges, besides a large number, of friends. "Uncle Dickes" Scantland. LEBANON, Or., Jan. 30. "Uncle Dickey" Scantland died at the county hospital yesterday of paralysis, at the age of 95 years. He was born In Vir ginia in 1805, and when quite a young man moved to Kentucky, and in 18S4, with his son, he came to Lebanon, where ho resided until about two weeks ago, when he was taken to the county hospital, that he might receive better care. His remains were brought here and burled in the Masonic cemetery today. I. W. Patterson, of Forest Grove. FOREST GROVE, Or., Jan. 30 Isaac W. Patterson, a printer, aged 48 years, died here today. He was born at West Liberty, la. He was married there to "Miss Llllie L. Prather in 1877. From there he came to "Forest Grove 10 years ago. He left a wife and a married daugh ter. Interment will do in the'Naylor cemetery tomorrow. Willam Taylor. William Taylor, a Coos county pioneer, died at his home on Bear creek, the 21st instant, at the age of 77. He leaves a family, several of whom live at Parkers burg. Reasonable Belligerents. Wallowa News. Wallowa has some young men who have offered their services to the English gov ernment for service against the Boers in South Africa. We also have some ardent Boer sympathizers. Thus far, however, the different belligerents have signified their willingness to wait -until they reach the Transvaal before commencing active hostilities. Time for McBride to Speak. Eugene Register. There has never been a time in the his tory of the country when a voice from the West, on the political situation, was as anxiously awaited .as at the present time. Washington Notes. The rate of interest on King county war rants has just been reduced from 6 to 5 per cent. The bank of Montesano. which closed its doors three years ago, has just paid all its claims In full. An ordinance to increase the salaries of city employes $5 per month is being con sidered in Seattle. O. F. Bozzle, a Northern Pacific section boss at Montesano, beat his wife and swallowed a dose of poison Monday. His life was saved. A company has been organized to manu facture charcoal, Stockholm tar, oil of turpentine and other'simllar products in Thurston county. Ellensburg has no steam laundry, and sends much of its "wash" to other towns every week. Steps are now being taken to secure the location of a steam laundry there. By the bursting of a 30-inch main In Seattle Sunday 6,000,000 gallons of water were wasted, and the city was without water service for 13 hours while repairs were being made. Whatcom county has purchased 158 acres of land for $2300, to he used for a county poor farm. The county commissioners ex pect to dispose of the timber on the tract for enough money to pay half the cost of erecting buildings and making other Im provements, which will go forward as soon as the arrangements can be made. The establishment of a cannery here has resulted in the location of a num ber of Ashtrap sites In this vicinity, and many more will be located, says the Port Townsend Leader. With the energy In I this direction thus far displayed, there is every reason to believe that the new can nery will have all the fish that it can handle. Everett falls short just $833 of getting free delivery mail service this year. The law governing the establishment of free delivery sen-ice requires that a town shall have 10,000 population, or that its post office shall have produced a gross reve nue of $10,000 during the preceding fiscal year. The revenue of Everett for the fiscal year which ended last June was but $9177. When It came time to resume trial of a bawdy-house proprietor in New Whatcom Saturday morning, a juror was absent, and the defendant then told the prosecut ing attorney she did not think he would appear, as he had the evening previous solicited a bribe from her to Influence the verdict. A bench warrant was Issued, but the juror soon came in. The evidence of his having solicited the bribe was so strong, however, that the entire jury in the case was dismissed, and formal com plaint was lodged against the offending member, Ed C. Jenkins, and a hearing had, at the close of which he was sen tenced to 0 days in jail and to pay a fine of $100. FINE CONDITION OF SHEEP WOOL ALREADY HEAVIER THAN AT SHEARIXG TIME LAST YEAR. For Firsts Tunc Shelled Corn Was Brought From Kansas and Ne braska to Eastern Oregon. ONTARIO, Or., Jan. 29. Repdrts from a large number of shepherds show that this has been a mild winter on them, and that they have wintered In first-rate condition. The percentage of loss Will be very low. Some flocks report that not one has been lost from lack of feed or shelter. Even at this early date they are fattening and the wool is much longer and in better condition that for years. The clip Is now 20 per cent heavier than at shearing time last season, is not so dirty, and Is full of life. Sheepmen already have "begun to talk 18 to 20 eenta for their wool, and buyers of sheep have commenced to look this way. Talk of woolen mills ac different towns has put an Idea Into the woolmen's heads, and the Eastern buyer of wool here this season may find a com petitor in the field in the shape of home consumers. Winter feeding of sheep in iuls part of the country is on the increase, and last fall many who intended to feed were dls-r appointed on account of the shortage of hay arid grain. Large trainloads of shelled corn were shipped In from Kansas and Nebraska In lieu of native hay and other feed. This corn feeding is rather an experiment, and If successful in the line of economy will doubtless be, followed up vigorously another year. Corn is fed to advantage, and experimenters claim that corn from Nebraska or Kansas is cheaper than alfalfa at $7 per ton. FIXE BEEF AXD 3IUTTOX. Pasturing Grain Blakes Strong Plants Promising Prospect. THE DALLES, Or., Jan. 30. The win ter has been admirable for stockmen, and a more favorable outlook was never seen. The large stores of winter feed have not heen touch'ed for fefctllner nurnoses. and beef and mutton were never in better win ter condition. The fall-sown grain is so far advanced that jointing is likely to occur three months in advance of the usual time. This would result In total destruction of the wheat crop. To keep the grain back a great many farmers are pasturing it down. This has a tendency to give the crop bet ter root and to make much stronger grain, which is not so likely to yield to the spring frosts. Owing to the increase in transportation facilities this year, thousands of acres of land, which have heretofore served for pasture, have been seeded, and a favorable year will result in a "phenomenal output of grain of a high quality. ,COLD HELPS THE ORCHARDS. Moderate Winter "Weather in Touch et and Walla "Walla Valleys. TOUCHET, Wash., Jan. 30. The cold wave struck here the night of the 25th, and has continued steadily increasing in intensity until very' respectable winter Weather Is upon us. It is a boon to orch ardlsts and fruitgrowers, as the cold fog and hanging frost will tend to re tard further development of leaf and fruit buds, which were becoming alarmingly advanced "in growth. Touchet station Is situated on the O. R. &. N. at the confluence of the Touchet riv er with the Walla Walla. Both those riv ers made a record during the recent sea son of high water, being higher than ever before known at this time of year. The O. R. & N. has consolidated its working force between Whitman, and Wallula until one section foreman less Is needed on the line. Foreman Munson's section extends 11 miles. SUCCESSFUL FARMERS' XXSTITUTE. Tekoa Citizens Banqueted Those Who Attended the Meeting. TEKOA, Wash., Jan. 30. This evening closed the most successful farmers' insti tute ever held in this state. The attend ance today numbered over COO practical farmers from the vicinity of Tekoa. Re marks of instructors were followed With Interest, and at the close of each address farmers gave their experiences in some lines. Marked attention was paid to a lecture of Hon. C. L. Smith, of Minne sota, on "The Future of the Dairy In dustry," and to President E. A. Bryan's talk this evening on "Diversified Farm ing." At the close of the session the citi zens of Tekoa gave a banquet to those at tending the institute. Iowa Norwegians Looking West. OREGON CITY, Jan. o0. The local land office is receiving many inqu'ries about the opportunities for locating homesteads on government lands from Norwegians in Iowa. One of the inquirers wanted to know if he could secure a good home stead claim where there is good fishing. Some of the intending settlers have a mixed idea bf land office locations and names, as many of the envelopes are ad dressed "Roseburg and Burns, Register Oregon City Land Office." In the circuit court the suit of Nellie vs. F. E. Thompson was heard on a mo tion for a change of venue, the defendant alleging that the plaintiff was a resident of Multnomah county, instead of Clacka mas, at the time the suit was begun. A number of witnesses were examined and arguments made by counsel. The judge decided that the case was properly brought, and it will be tried here. Artesian Water at Prineville. Crook County Journal. Flowing artesian water was struck at a depth of ISO feet Inst Thursday in the well being sunk by the water company. The drill at the depth of about 40 feet entered a stratum'of blue clay, which last ed until within about six feet of the pres ent depth, when a stratum of solid rock three feet In thickness was penetrated, be neath which Is quicksand, and In this is found the artesian water. Owing to the quicksand, the flow of water Is not contin uous, being quickly checked by the bore of the well filling up rapidly from below the rock stratum with the sand. When the water was first struck it filled to a depth of eight feet In 20 minutes with sand, and does so whenever the hydrau llcklng stops. Artesian water In this val ley adds thousands of dollars to 'the value of lands here, besides Insuring a fine sup ply of good water for the town. Oregon's Weakest Senator. Albany Democrat. The Oregonlan very aptly refers to Ore gon's senator, who Is soon to retire from office, as "Little George McBride." The title is very appropriate from a general standpoint. He has proaably been the weakest senator Oregon ever had, viewed from a fair standpoint without any pol itics in the judgment. About the only thing he has done of moment was to se cure those relndeeis for the relief of the people on the Klondike, who needed relief about as much as Mr. Rockefeller. Dairymen's Meeting at Albany. ALBANY, Or, Jan. CO Word was re ceived today that Governor Geer would be present at the state dairymen's conven tion, to be held m this city February 12 and 13, and would deliver an address. C. H. Markham, of the Southern Pacific, and other prominent men will attend. It Is proposed to make this meeting an im portant one to the dairy interests of the Valley. "Bossism" in Wasco. Antelope Herald. The most important office to the people of Wasco county is that of representative to the next legislature. There are great questions that "will come 'before thabody for consideration, and which will require the greatest Intelligence In a satisfactory settlement. Wasco should. "demand a repre sentative of the people and for the peo ple, and not of the bosses and for the bosses. No doubt suoh person must neces sarily make some business sacrifices, but there aret good men who recognize the great debt they owe the commonwealth, and will give their time to the great cause. FOR OR AGAINST LEASING? Representative Moody's Careful Let "ter to Malheur Petitioners. In answer to a petition from citizens of Malheur county, praying for the de feat of 'bills to, provide for leasing the pub lic ranges, Representative Moody writes: "I acknowledge your letter of January 1, and also the package of petitions so nu merously signed by the citizens of your county protesting against the leasing of public lands. There are undoubtedly many bills to bo introduced In this congress which have for their oDject the better protection of the public grazing lands. All such bills will be referred to the com mittee on public lands before any action Is taken. "Before the committee makes any recommendation, I will be glad to forward you copies of "the 'bills which appear to be most favorably regarded by the friends of the leasing system. Ho bill which does not safeguard the settlers and stock owners' rights-that now occupy the public domain will receive favorable recommen dation from the committee. Your citizens. heed have no anxiety about the passage of a law which, as your petitions suggest, would mean ruin to the stock and other industries of Malheur county. After you have copies of the bills wnich are favor ably considered. I will appreciate any sug gestions or criticisms you and your citl zens desire to make." SALARIES OF SCHOOL CLERICS. If Paid Must Not Come From the Common School Fund. SALTSM. Or.. Jan. SO. The following de cision has heen rendered by the depart ment of public instruction, Professor J. H. Ackerman. superintendent, relative to "the salariesof district clerks: "The directors of any school district may pay their clerk such compensation as is, in their judgment, necessary; provided, such compensation is not paid out of the com mon school fund. ' Tha law SDeclficallv mentions the. pur poses to which the common school fund may be applied, and, the salary or tne school clerk is nOt mentioned therein. The only reference to the clerk's salary is in connection with the collection or taxes, m) it c o-Gtrlftnf tTint fhn intent Of the Jaw was to pay the clerk for his services from the money derived rrom tne aisinci tax, and npt from the common school fund." Th rlep.talnn. In the form Of a circular letter, Is addressed to county superin tendents of schools. Capital City Notes. SALEM, Or., Jan. 30. Deeds to the site upon which the proposed federal, building Is to be erected were filed in the county recorder's office today, the WJlson heirs conveying the property to the city, and the city In turn executing a deed to It to the United States government. All that now remains to complete the trans action is for the government to pay the purchase price, which Is $7500. Eighteen loans, aggregating" $26, 650, were today approved by the bqard of school land commissioners. Governor Geer received a letter rtoday from Circuit Judge J. C. Fullerton, of the second judicial district, recommending the pardon of J. M. Bennington, who was convicted ,of forgery in Douglas county and sentenced to five years in the" peni tentiary. Bennington has completed half his term. Monmouthshire Lost an Anchor. ASTORIA, Jan. 30. While the steamer Monmouthshire was anchored at Brook field last night a link in her anchor chain broke and left the mud-hook 'and about 30 fathoms ot chain in the rlvec. 'An ef fort was made to recover it, but as she had an extra anchor on board her de parture was not delayed and she went to sea without it. The steam schooner Signal cleared at the custom-house today for San Fran cisco with 390,000 feet of lumber, loaded at the Columbia mill, of Knappton. New Fostofllce in Idaho. WASHINGTON, Jan. 26. A postoffice has been established at Nora, Latah county, Idaho, and Peter G. Johnson has been appointed postmaster. Oregon Notes, In three days last weekJSlkton shipped 6000 pounds Of salmon. Wild, flowers are reported in full bloom on the hills around Richmond, in Wheeler county. J. F Phy, ex-sheriff of Union county, is reported to have taken the position of cashier in a Sumpter hank. As usual, the Southern Pacific will grant special rates to the state convention of republican clubs, to be held at Portland on "February 6. Valley buyers secured 75 head of cat tle from the Ten-Mile country, Coos coun ty, last week at $12 for yearlings 'and $17 for 2-year-olds. Coyotes attacked a calf in the Frulta neighborhood, Wallowa county, and gnawed both its ears off before the- cow could drive them away. Hilarious drunkenness and street brawls are said by the Prineville Journal to be of-frequent occurrence since the city night watchman was discarded. Owing to fine weather, ice is , "poor crop" in many parts of Oregon this win ter; but up In the Blue mountains at Hil gard a large quantity is -being harvested, Lee Hoselton was'takon down the 29th with the alleged "Smallpox," Manila itch,, chlckenpnx, or whatever it is, says the Eugene Guard. He is "fully broken out. The wagon road from Brownsville Into the Blue River mines Is an enterprise which the people of Linn county gener ally should encourage in a substantial manner, Fred Young, of Bake Oyen, bought about 4000 ewes and lambs in the vicinity of Mitchell this week from Pearson Bros, and Alex Trent, says the Fossil Journal, at $4 for ewes and" $2.75 for lambs. Louis Weston, an ex-conViot, arrested as one of tho men who participated In the robbery of Hoefer and ZOrn, at Chara poeg, has been identified by Hoefer and a hired man as the leader In the crime. The Cop.ullle City Bulletin reports that nowadays a good deal of delinquent tax money is being received by Coos county. Almost every day someone redeems prop erty that, was bid in by the county during hard timfes. Captain L. P. Adams, who died at Sa lem on the-20th, had an application pend ing for an Increase of pension from $24 to $72 per month. It was granted two days after his death, to date from October 26, and presumably his heirs will receive it. Marshfield's telephone exchange now has 130 subscribers, and the Sun boasts that Marshfleld now enjoys the distinction of having the best and most thoroughly equipped local telephone service of any town on the Pacific coast. Several farms on Coos river are connected with the system. R. H. Boyles, of Carson, while cutting trees a few days ago, was struck by a falling limb, whlclvdrove the frontal bona into hi3 brain and forced the temporal and nasal bones from their places. The Tocsin says he lost some "gray matter,'1 but, after an operation by a physician, regained consciousness and will recover. Florence West reports the death of Ar thur Hartley, 4-year-old son of Andrew Hartley, on the Siuslaw, the 21st Instant, a3 follows: "The boy was playing around while his father was at work on a hill side sawing a log. Just as the saw cut through, the boy climbed up on the log, when it started to roll, throwing him to the ground below and stopping across his breast," OREGON SUPREME COURT IMPORTANT MULTNOMAH COUNTY CASES AFFIRMED. As to Fraud in the Elvrert Failure The Claimants for the Escheated Fenstermnchcr "Estate. SALEM, Jan. 30. The supreme court has handed down opinions in the following cases: E. Mendenhall, respondent, vs. J. B. Elwert et' ol., appellants; appeal from Multnomah county, Stearns, J.; affirmed. Opinion by "Mcore, J. Thlswas a suit to set aside certain deeds of real estate and a chattel mortgage, to cancel the assignment of several promis sory notes and mortgages, and to subject the property and securities affected there oy to the satisfactidn of plaintiff's judg ment, which amounted to -$695 "and $32 60 costs. Executions were issued on the 'judgments, and delivered to the sheriff, who, being unahle to find any property of either Of the defendants, returned them Wholly unsatisfied. It Appeared from the transcript that Mrs. Elwert, until "March 12, 1894, owned lot 4, and a part of lot 3, block 218, in the city of Portland, upon which she erected a new building In 1893, and also repaired, an old one; that she lent money secured by real estate mort gages, to the amount of $66,500; that she caused some of these mortgages to be foreclosed, the premises described therein being occupied by Carrie TtL Elwert, also a defendant, who, upon receiving sheriff's deeds therefor executed conveyances there of to her brother, the defendant, Charles P. Elwert, to whom Mrs. Elwert assigned the remaining notes and mortgages. She also, on March 12, 1894, for the expressed consideration of $36,000. executed to C. P. Elwert a deed to the lot 4 and a part of lot 3 mentioned. Notes for $25,567 77 and a note for $1000 by Carrie M. Elwert were also assigned to C. P. Elwert The value of property thus conveyed to C. P. Elwert, as evidenced by the consideration recited In the several deedst notes and mortgages, was "'$124,034 43. "Plaintiff alleged that for a long time before tho conveyances, Mrs. J. B. Elwert and Carrie M. Elwert were indebted to him; that the conveyances were made without consideration, and with Intent to defraud the Creditors of -Mrs. Elwert and her daughter. Mrs. El- fyert denied this and averred that her son had advanced he"r $45,000,. $36,000 of which she had expended In making Improve ments on lot 3; that she and her daughter took the notes and mortgages in their names merely for convenience, and as trustees. Charles P.' Elwert alleged that having a largo sum of money to Invest, he sent It to Portland from New York for the reason that he could get greater rates of interest. In his opinion, Justice Moore said: "... The transfer by a debtocof all his property is not an ordinary transac tion, - and wherever It occurs, courts of equity regard It as a badge of fraud. So,, too, when a debtor conveys his property to a relative and his creditors sustain any loss in consequence thereof, such relation Imposes upon the parties to the convey ance the burden of showing that the transfer "vyas made in good faith, and for a valuable consideration. Thus, where a debtor conveys the whole of his estate to a brother, ostensibly in satisfaction of his debt to the latter, in a suit by cred itors to set aside the deed for fraud, it is incumbent upon the grantee to estab lish by satisfactory proof that there was a valuable and adequate consideration for the premises, and unless he can give a clear and concise account of the Items constituting the alleged debt, a fraudulent Intent will be inferred." Af terxeviewing all the contradictory tes timony produced before the trial court, the opinion ran: "Whatever the rule may be in regard to the burden of proof in suits to set aside for fraud conveyances executed by a grantor who is not related to a grantee, the point insisted upon (an error of the lower court) can have no application to the case at bar, in which the onUs pro bandl, by reason of such relation, Is cast upon the defendants to show the bona fide nature of the several transactions and to supplement their testimony by the evi dence within their knowledge and power to produce. "... 'Mrs. Elwert took with her to California $50,000. and. as she claims, lost every dollar of 'it in speculation, yet she carmot remember when the sum was ex-' hausted. It seems improbable that, pos sessing, as she did, that sum of "money, she would not remember. If it were a fact, when front a stafe of affluence she was reduced by speculation to xi condi tion of almost penury. "These circumstances Induct the conclu sion that the trial court committed no error in its findings, and hence It follows that the deoree is affirmed." C. P. Elwert, appellant, vs. Sarah Nor ton et al., respondents. Appeal from Multnomah county, Stearns, J. Affirmed. Opinion by Moore, J. This was a suit to enjoin the sheriff of Multnomah county from selling certain real property under execution. In 1894, Sarah Norton secured a decree against Mrs. J. B. Elwert. requiring her to re move a brick wall and1 to pay $1750 dam ages, which decree, upon appeal, was af firmed by the supreme court. March 12, 1S94, Mrs. Elwert, for the express consid eration of $36,000 executed a deed to the plaintiff to the lot 4 and a part of lot 3, block 218, city of Portland. Thereafter, a mandate of the supreme court having been sent down and a decree entered In the trial court, Mrs. Norton's attorneys filed a lien upon the property, and H. D. San born, to whom' Mrs. Norton had assigned her claim, caused an execution to be is sued and the property levied -upon. To prevent the sale, Elwert began a suit, and the trial court found that the deed from his mother to him had been executed without consideration, declared the same cancelled and void, and ordered the sheriff to sell the property. It was stipulated that the evidence taken in the case of Mendenhall vs. Elwert, so far as appllca. ble, should constitute the evidence In the case at bar, and having reached the con clusion In that case that the deed of Mrs Elwert was fraudulent, the court affirmed the decree. Amos T. Young et al., appellants, vs. State of Oregon, respondent. Appeal from Multnomah county, Sears, J. Affirmed. Opinion by Bean, J. This was an action orought to -ecover the proceeds of property heretofore es cheated toe the state. About 30 or 40 yearq ago, a man calling himself John Penster-, macher settled In Multnomah cuntyr where he continued to reside until his death, in 1887, and had accumulated con siderable property. Dying Intestate, un married and without, known heirs, his property was regularly escheated to the state In the manner provided by statute, and the proceeds thereof, amounting to $15,165 62 were paid into the state treasury to the credit of the escheat fund. Within the time allowed by law this action was brought by the plaintiffs, who claim to be his nephews and half-sisters, to recover1 the escheated assets. In the complaint, and during the trial, tne plaintiffs de clared that they were related to the de ceased, and they attempted to trace the relationship to ancestors who settled In Pennsylvania In 1826 To some of the evi dence the state excepted, particularly an affidavit from John Fenstermacher re garding his service In the army, and declarations by the deceased, whose property is in controversy, to citizens of Portland, concerning his past life and history, to the effect, among other things, that he came from Pennsylvania, and. that his given name was not John, but Jonas; that he changed it to con ceal his Identity; that his father de "serted the family wheh hQ wag a small boy (as alleged by plaintiffs), and that bis mother went -to the poorhousar that a neighbor kept him until he ran away, joined the army and went to Washington territory: that he deserted, was flogged apd subsequently discharged in Portland; that he had a younger brother and sister, who married a stagedrrver named Young. The court held that the only question to be decided wa3 whether such evidence was competent. Justice Bean said: ". . . It 13 undoubtedly the rule that declarations of a deceased person cannot be admitted to prove the pedigree of other parties, unless, the relationship of such parties Is shown by evidence other than his own declarations, but the declarations of Fenstermacher were not offered or ad mitted in evidence as proof of pedigree, but for the purpose Of identifying him by the Jonas Fenstermacher, who was born -and formerly lived In Pennsylvania, and Is shown by the testimony to have been a relative of the present plaintiffs In this action. .. . . From these authorities (similar cases cited from a number of states), and they are the only ones dl reotly In point to which our attention has been called or which we have been able to find, we conclude that there was no error in admitting the testimony reerred to. It is held In Fenstermacher vs. State, 19 Or., 503, that a proceeding of this kind is an action at law. and that therefore the findings of the trial court, upon con troverted fadts, are Mot open to review here. The court helow found that the plaintiffs Were the heirs at law of the de ceased, and entitled to recover, and auch finding Is conclusive upon this appeal. The only remaining question Is the amount to which the plaintiffs are entitled." The evidence showed the original amount escheated to have been $15,165 32. The state had paid out $1995 05 for ccsts and expenses In successfully defending two suits, which parties claiming to be entitled to the fund hnd instituted, and the court below found $1500 to be reasonable compensation for special counsel employed by the governor to defend the action, and held. that the state was entitled to retain from the es cheated fund the amount so paid out and such counsel fees, and entered judgment in favor of the plaintiffs for the remain der. From this judgment the plaintiffs prosecuted an appeal, "but in our opinion," said Justice Bean, "It must be affirmed. The proceedings for the escheat of Fen stermachers property having been in all things "regular and In accordance with the statute, the Judgment tnerein Is conclusive and vested the title to the property In the state, save and except as the Tight3 of subsequent claimants are preserved by section 3141. ... It Is by virtue of this statute only that the plaintiffs have any standing In court, and they are entitled to just what the state allows them and no more, and that Is a right to the fund, 'but without Interest or costs to the state,' which plainly contemplates that It shall be paid to them less such ccsts and ex penses the state may have Incurred on account thereof. It seems to be the pri mary Idea of the statute that the state shall incur no costs or expenses on account of escheated assets or funds. ... In .our opinion, therefore, tha plaintiffs ... are entitled to the fund, paid Into the state treasury, less the costs and expenses In curred by the state in preserving and de fending it. The reasonableness of such costs, expenses and attorney's fees Is not challenged, nor Is there any question as to the necessity for incurring them. . . . "It follows that the Judgment of the court below must be affirmed, and it Is so ordered." State of Oregon, appellant, V3. Marion County, respondent. Appeal from Marlon county, Burnett, J. Affirmed. Opinion by Bean, J. This Is an action to recover interest upon state taxes apportioned to the defendant county for the, years 1S95, 189$ and 1897, far the time they remained unpaid after the first day of March of the succeeding years. The case was tried upon a stipu lation of facts, from which It appeared that the county assessment roll for 1S95 was not placed in the hands of the sheriff until March 1, 1S96, which was the earliest date possible, and the' state fax was" col lected and pard as quickly as possible. It was agreed that the facts were sub stantially the same in 1S96 and 1S97. The court below held that the plaintiff could not recover Interest on the deferred pay ments because It was impossible for the defendant to collect the money within the time required by the law then in force. Various changes In the old law were re- viewed, and the judgment affirmed. A. L. McFadden, respondent, vs. W. A. Swinnerton and John H. Dickinson, appel lants; D. R. Vaughn, C. Sullivan and Samuel Wyatt, respondents. Appeal from Be"nton county, Fullerton, J. Modified, Opinion by Wolverton, C. J, The plaintiff prayed for an order direct ing an interpleader between several de fendants, to determine conflicting Inter ests touching a f urid In his hands. In 1895 the defendant, Swinnerton, filed a claim for the sum of $12,794 52 against the Ore gon Pacific Railroad Company and the Willamette Valley & Coast Railroad Com pany, In a receivership proceedings. The claim constituted a number of lesser claims. A dividend of $1245 04 was declared thereon, and McFadden paid Swinnerton. his client, $400 out of the money re ceived, leaving $720 54 to be disposed of. Each of the defendants, excepting Dickin son, who claims all the money, claims an Interest in the fund, which, in the ag gregate, exceeds the whole amount thereof. The plaintiff Is Ignorant of the respective rights of the parties, and offered to de posit the money in court or turn It over to such person as the court might direct. The court modified the judgment of the lower court, and directed that $64 50 be paid Dickinson; $10 for the expenses of in stituting the sultr $196 40 to Sullivan; $12734 to Wyatt; $173 23 to Eglln, and $273 48 to Swinnerton, or Dickinson, his agent and attorney. In all other respects the decree was affirmed. W. H. Nunn, appellant, vs. Mary Bird ret al., respondents. Appeal from Multno mah county, sears, J. Affirmed. Opinion by Moore, J. This was an action to recover personal property, valued at $350, on a promissory note, which had been previously mort gaged. $n the trial order the jury fcurid for the defendants. No error having been found, the court affirmed the Judgment. Mary A. Jones, appellant, vs. J F. Adams, respondent. Appeal from Klamath county, Hale, J. Reversed. Opinion by Bean, J. This was a controversy arising from the foreclosure of a real estate mortgage given by one John L. Hall to the plaintiff In 1S94, under which the mortgaged prem ises were purchased by her. At the time of purchase, a crop of wheat -wag growing, one-third of which belonged to Hall, who had given a chattel mortgage on It to se cure a debt. Tho question was whether the plaintiff or the mortgagee was the owner of the crop. The court decided in favor of the owner, reversed the judgment of the trial and ordered that judgment be entered ho- favor of the plaintiff. A. Goodnough, appellant, vs. Claud Gatch, as receiver of the property and estate of W. E. Hawkins and R. J. Flem ing, respondents; appeal from Marlon county; argued and submitted. B. M. Lombard, respondent, vs. Edith J. Smith, appellant; appeal from Multnomah county; argued and submitted. Joseph Dlllery, appellant, vs. John Bor wlck. respondent; ordered, on motion, that respondent have until February 14 to file a petition for rehearing. Annetta S. Therkelsen, respondent, vs. Lawrence E. Therkelsen. appellant; appeal from decree; appeal dismissed on stipula tion. Annetta S. Therkelsen, respondent, vs. Lawrence E. Therkelsen, appellant; or dered dismissed on stipulation. State of Oregon, respondent, vs. A. M. Rowe, appellant; motion by attorney-general to dismiss; appeal taken under ad visement. State of Oregon, respondent, -vs. John E. Blazler, appellant; motion to dismiss ap- j peal by attorney-general; taken under ad- rvlsement. Commercial National, of Portland, re spondent, vs. the City of Selrwpod et ai , appellants; appeal from Multnomah coun ty; argued and submitted. M. K. Kameta, respondent, vs. D M. McLaucblan, chief of police of the city of Portland, appellant; appeal from Multno mah county; argued and submitted. Mary E. Hallock,. appellant, vs. Robert Suitor, respondent; appeal from Polk county; argued and submitted. James G. Burnes, respondent, vs. Board of County Commissioners of Multnomah county, et al., appellants; stipulation for order to advance this cause for hearing out of its order taken under advisement. Northwest Pensions. WASHINGTON, Jan. 27. The fol owing Oregon and Idaho pensions have been granted: Oregon Original Casper Kohler, Port land. $6; Albert dinger. Salem. $6. Gilbert L. King. Ontario. $6,' Charles M. Jones. Nyssa, $6; Jonn Hagens, Damascus, $6. George W. Desart, Sllverton, J, Dan'el Williams, Oregon. City, $6, Otto Pick. Port land. $6. Original widows. PriscLla De Witt, Monmouth, $S. Additional, Alex ander B. Moore, Oregon City, $4 to $6. In crease, Edward R. Rodger. New Pins Creek, $8 to $10; Calvin M. Bryan, Myrt.e Creek, $8 to $21. Harris B. Hubbell. Pralrlo Clty, $4 to $6; John T. Rowland. Eugene, $6 to 512; Edward Johnson, Oreson C ty, $8 to $12; Samuel Bard. Aumsville, $3 to $10. Reissue and supplemental. Frederick A. Nourse, Salem, $6. Renewal, William R. , Whitney, Forest Grove. $8. , Idaho Orlg-nal De Forest Chamberla n, Idaho Falls, $8; Francl3 Warren, Har rison, $6. Aitoria School Changes. ASTORIA, Or., Jan. 30. At a special meeting of the school board held this evening the resignation of Miss May Smith as teacher in Alderbrook school was ac cepted, and Miss May Utzlnger was elect ed to fill the vacancy. Miss Arzella Titus was elected at the same time as a sub stitute teacher. II. B. Ferguson, tha former school clerk, being now in Alaska, the board elected his brother. E. Z. Fer guson, as clerk of the board. A Point for the Antis. Silver Lake Herald. In answer to the complaint of "Imperial ism" and the fear of military rule, we would say that we have yet to see a man who Is less patriotic by reason of being a soldier. No danger will come to tho government from the men who are willing to fight for It. A Crying Need. Elma Chronicle. One of the crying needs ef this state Is unity among the towns and a spirit among the people to make the most of a united effort to upbuild the state and bring Into it enterprising people who know a good thing when they see it. Home Talent at Gresham. GRESHAM. Or., Jan. 30. The coming event of Gresham Is a drama, entitled "The Ulster." to be given by home tal ent. The proceeds will be contributed for a cabinet organ for the new schoolhouse to be built the coming summer. COAL IN ASOTIN COCNTY. Ten Locations Filed on Totvnshiy Recently Surveyed. Walla Walla Statesman. What promises to be a big thing for the Inland Empire has been discovered in the shape of coal mines in Asotin county, near the Oregon Hue, and about 12 miles back from Snake river. In town ship 7 north, range 44 east, recently sur veyed, in the Blue mountains. Saturday 10 applications, each for ISO acres of coal land, were filed In the Walla Walla land office. These applications are supported by the affidavit of Newton Hlbb3. who says he Is a practical miner or many years' ex perience, capable of testifying understand ing In relation to lands containing coal, and. that, from, his awn knowledge of the lands, there are rich deposits of coal In eight sections in township 7 north, range 4t east, "from, tho surfaee down to 500 feet below." No Information as to the extent of the ledges or outcropplngs, or the amount of work which has been performed In de veloping the coal mines, has reached the land office. If one-tenth of what Newton HiBb3 swears to is correct, the discover ers have a big thing, and the country will have cheaper fuel. Mining Claims on Grand Ronde. La Grande Chronicle. The Keltz brothers are down from their claim, the Kansas, up the Grand Ronde river, and report godd progress being made In the work of developing mining claims up there. They have a monster ledge, 14 feet wide, with one wall rock In sight. Their mineral gives a good av erage assay, and they have an abundance of It. They also report a very rich strike having been made In the Pay Boy, near their property. The Pay .Boy, they say, is showing up better than ever before, and Is Improving all the time. Quotations in Minlns Stocks. SPOKANK. Jan. 30. The closing bldo ios mlnlnff stocks today -were: Blacktall $0 00 (Mountain Lion $0 S3 Butte & Boston. d jMorrlson 4M Crystal ..... 5 tlrincesa Maud .. 1 Cnfeijpa-Bluejay.. 3.Qu.n 22 ieer Trail No. 2 12 iKepubMe U7 Evening Star .. H IKossland Giant .. 7Vj Gold Ledge 0& Sullivan Goloen harvtot. Z I'rom. Tnumb .... 16 Insurgent 2AVaterl4o - 10 Jim i5lalne 13 iBen. Hur Lone Pine Surp. UVA SAN FRANCISCO, Jan. 30. The official clos ing quotations for mlnlne otocks today wex; Alta. $ WilLady Wash. Con...$0 02 Anoea OOiexlcan. .. . 3J. Belcher U'Occldentai Con ... II Beat & Belcher .. 22Ovntr JO Bullion 4Overmon 0 Caledonia. WlPotosl 31 Challenge Con ... iltrfavage 11 Cnotlar 24lfacorpion U Confldence 76Seg". Belcher 2 Con. CaL & Va... 1 -KhSlerra Nevada ... 4i Crown Bolnt liindaTd 2 So Gould Jc Curry... rlUnlon Con JSt Haiti & Norcroas.. o4jUtafc Con Justice 21 Yellow Jacket .... 22 NEW YORK. Jan. closed as follows: Choilar 90 Crown Point ..... Con.-CaI. i;Va... 1 Deadnvood Gould & Curry... Hale & Norcrosa.. Homestake BO Iron stiver ...... llcilcan . 30. Mining stocks today 2110tario .....?7 75 UiODDlr CU 2it Plymouth. 8 OStQuickerilver ....... 1 75 2Ut do pret 7 50 32iSterra. Nevada ... U UHStandard 2 40 57 Union Con ........ 24 3(H Yellow Jacket .... l'J BOSION. Jan. 30. Closing: quotations: Boston &. Mont...S2 68Parrott $0 -tl Butte .t Boston loiUtah. - A Boer Girl' "Wedding. The Ladles' Home Journal. "A wedding Is always an event of al most national Importance, and Is really a most picturesque ceremony. The friends and relatives may arrive a day or two ahead of time, according to the distance to be traveled, and the Boer homestead becomes a most animated scene. Scores of ox-teams are scattered about the sur rounding plain; negro servants are bust ling around; guns are fired promiscuously whenever more guests arrive; dancingr feasting and coffee-drinking are carried on In the cottage and everywhere around It; impromptu shooting matches and horse races are decided, and joy is unconnned. After the ceremony, and after all the guests have kissed the bride and bride groom, the wedding feast Is eaten, and then the guests spend the night In danc ing and playing games. It would be a breach of etiquette for any of the guests to depart before the dawn, and, indeed, the fiddler's music and the sound made by gie dancing feet are often heard until noon of the following day. The wedding tour consists of a journey to the cottage and farm whic the husband has secured from his father, and which adjoins the old homestead." "Little strokes fell great oaks." You may escape winter colds by taking HoQd'g SarsaparJUa, ;