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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,
;