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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 10, 1900)
aTT'"E -" t - -' -XI -twt:-,- -ZiT -y -Jff . ,Vv - l- x - - r V I THE MORNING OREGONIAN, TUESDAY, APRIL 10, 1900. sri OREGON SUPREME COURT DECISIONS HANDED DOWX BY THAT BODY YESTEIIDAY. Tie Cnse of Ladd Versns Portland Chunber of Commerce and Hushes Was Reversed. SALEM, Or., April 9. In the Supreme Court today the case of Charles E. Ladd et al., respondents, against the Chamber of Commerce et aL defendants, and Eltts G. Hughes, appellant, was reversed, the decision ot the Supreme Court being In favor .of .Hughes and decreeing that the complaint be dismissed as to him. The opinion of the court was written by Judge Bean. This was a ilt brought by Charles E. Ladd, Individually, and Caroline A. Ladd. W. M. Ladd, Charles E. Ladd and John Wesley Ladd, executrix and executors of the last will and testament of W. S. Ladd, deceased, against the Chamber of Com merce, a corporation. C. P. Bacon, C H. Dodd, T. M. Richardson, J. E. .Haseltine. C M. Idleman, Herbert Bradley, F. K. Arnold, R. L. Durham. J. L. Hartrnan, Samuel Heltshu, D. D. Oliphant, D. Soils Cohen and Ellis G. Hughes. The prayer of the complaint Is that the amount of the several obligations that have been assumed for and on behalf of the Chamber of Commerce by the plaintiff Charles E. Ladd and by W. S. Ladd, the testator of the other plaintiffs, and the defendants, other than the Chamber of Commerce, under and by virtue of a cer tain bond to the New "York Life Insurance Company, be ascertained and fixed; that the -building of the Chamber of Commerce be sold, subject to the Hen of a mortgage in favoi of the New York Life Insurance Company, and the net proceeds thereof applied to the indebtedness referred to: that the court ascertain and fix the due and equitable proportion which should.be contributed by each of the defendants, other than the Chamber of Commerce, toward the payment of the amounts ad vanced by the plaintiff Charles E. Ladd to pay and discharge certain obligations incurred by himself and the defendants, except Hughes, on behalf of the Chamber of Commerce, and the retirement of cer tain outstanding obligations to which the plaintiff Charles E. Ladd and W. S. Ladd, deceased, are parties. The defendant Hughes, who alone answered, denied any liability on account of the matters or things set out In the complaint. Tho statement of facts In the case is very lengthy, as also Is the opinion. The controversy is briefly stated In the follow ing excerpt from the opinion: "The plaintiffs claim against Hughes Is predicated upon the bond to the New York Life Insurance Company, which he. W. 8. Ladd" and others, executed as sureties for the Chamber of Commerce on May 16, 16DL The contention Is that the sureties on such bonds, in effect, undertook and agreed that they would, if their principal did not. complete or cause to be completed a stone building for Its use and benefit, to cost not less than $180,000. according to certain plans and specifications, and, therefore, to use the language of counsel, they were 'bound to procure and. If neceo-ary. to borrow, the money to complete this build ing within the time specified, and If a part of the sureties paid out money in the performance of this obligation, the other sureties are liable for contribution.' In short, the position of the plaintiffs is that, by signing the bond, the sureties entered Into an independent obligation upon their part to procure and furnish the necessary funds to erect and complete the building within two years from the date thereof." The Supreme Court does not agree with i the view taken by the plaintiffs, and says: "The obligation is an ordinary penal bond, with the Chamber of Commerce as prin cipal, and certain persons as sureties, to "be void In case the obligor and principal thereof shall erect and construct a cer tain building on property belonging to It, at a cost of not less than $4SO.O0O. within a certain time, and pay all Hens or claims which might become Hens thereon. "As to the other conditions of the bond, the agreement of the sureties is to pay to the Insurance company such damages as it might sustain in case of a breach there of by their principal. . . . Their liabil ity was to the insurance company alone, and there is-neither allegation nor proof that it ever made or had any claim for damages under the bond." . . . The real and only question in the case Is, 'Have the plaintiffs a right to claim contribution from the defendant as one of the signets of the bond to the New York Life Insurance Company, for moneys borrowed and used In the con struction of the Chamber of Commerce building?' And this question must, in our opinion, be answered In the negative. "It is admitted that Mr. Hughes sgned the Green and Breck notes. He claims, lion ever, that he is a mere surety for the plaintiff Charles E. Ladd. and the other makers. But. however this may be. this suit cannot be maintained, because the notes have not been paid by plaintiff, and are now owned by one F. B. Pratt, who is not a party." The case of Ellis G. Hughes, appellant, vs. F. B. Pratt and Charles E. Ladd, re spondents, from Multnomah County, is closely related to the preceding case, and was affirmed. Judge Bean wrote the opinion. The defendant Pratt commenced an ac tion against Hughes to recover on a joint and several promissory note for $20,000 In favor of 3&fT Green, executed by said Hughes. Charles E. Ladd and others, and assigned to him by Green. About the same time he began a like action upon a prom issory note for $5300 in favor of Ann'e Breck, executed by the Chamber of Com merce, the payment of which was .guar anteed jointly and severally by Hughes. Ladd and other persons. The two actions being consolidated, Hughes filed an an swer, in which he admitted the execution by him of the two notes set out in the complaints and their transfer to Pratt, but denied that he was the bona fide holder. At the same time he filed the complaint in this case, in the nature of a cross-bill, against Pratt and Charles E. Ladd. in which he sets up, in substance, for a first cause ot suit, that tic money received from Green was borrowed by the parties to the note other than himself ana used by them for their own private use and benefit, that he signed it as" surety for Ladd. and his associates, at their request and to the end that -they might obtain the money borrowed thereon for their own individual use: that all the signers of such note, except himself and Ladd, are now insolvent and unable to contribute any thing for the payment thereof: that the defendant Pratt is liable, under some agreement, the exact form or terms of which plaintiff la unable to state, to con tribute to any payment which Ladd may be compelled to make on account of the Green note, and is. to all Intents and purposes, as to this plaintiff, a principal on the note with Ladd; that Pratt bought the note In the Interest of himself and Ladd, for the sole and only purpose of cuing' this plaintiff thereon and attaching his property, knowing that he could not pay the same in the first Instance without great sacrifice and loss, and with a view of compelling him to pay a considerable cum by way of compromise. The second cause of suit has reference to the Breck note, and is in effect the same as the first, except that it contains an allegation that this note was not the obligation cf the Chamber of Commerce, but was. In truth and in fact, tb note ol the ostensible grantors thereof, and that the plaintiff signed the same at the request of and as surety for Ladd and his asso ciates. The third and fourth causes of ult are substantially the came. The Supreme Court holds that the facts alleged do not constitute & defense requir ing the interposition of a court of equity, and that all the questions therein ten. dered can be tried out at law and as a de fense to the law actions. This holding leaves Hughes to make his defense in the Jaw action. Chan Lint, respondent, vs. the City of Portland; appellant, from Multnomah County, Alfred Bears, Jr., Judge; reversed and a new trial ordered. Opinion by Bean, J. This is an action against the City of Portland to recover damages for an in jury to plaintiff's property from an over flow of Tanner Creek, caused by the al leged negligence of the defendant in not exercising due care and caution to keep open and free from obstruction the lntaki of Tanner-Creek "sewer. Tanner Creek is a natural water course, with well-defined banks and 'channels.- Some time prior to the injury complained of, the city diverted the water of the creek from Its natural channel, in and through a sewer known as Tanner-Creek sewer. As an auxiliary thereto, it constructed a drift dam in the channel of the creek some 200 or 300 feet above the head of the sewer, to protect It from logs, drift and debris. About 3 o'clock in the afternoon of November 18, IBM, the city authorities were" notified that, owing to the storm then prevailing, the sewer was liable- to become obstructed and cause an overflow of the creek. It thereupon put two men at work at the head of the sewer to keep it free from ob structions, which they succeeded in doing until abcut 7 or 8 o'clock in the evening, when logs and debris which had accumu lated above' tne driftaam came down to the hf-ad of the sewer In a mass, and stopped up the intake, thereby causing the waters of the creek to overflow its banks, and Inundate the plaintiffs garden; and this is the injury lor which he seeks to recover damages. The complaint, after alleging the con struction of the sewer by the city, avers: 'That on or about the ISth day of Novem ber. 1SD6, the said defendant, knowing that the said sewer was too small to carry off the water emptying Into it from Tanner Creek, and in 'consequence thereof the said creek would overflow its banks, and that the said sewer would overflow, and that the said water would be precipitated "on the lands and property lying on the line of said sewer on said Jefferson street, and would damage the said lands and property, and knowing that the said Tan ner Creek carried in Its stream wood. rubbish and debris which would close up the head of said sewer, and that the head of said sewer was not sufficiently main tained and protected by the said defend ant as to prevent tho said head from be ing clogged and dammed up; and that when it became so clogged up the said waters from said stream would be precip itated upon the lands, and Into the build ings along the line of said sewer, and would damage the same, the said defend ants carelessly and negligently permitted the head ot said sewer to become clogged and dammed up, and carelessly and negli gently failed to keep the head of the sewer open so as to receive and carry away the waters of aald Tanner Creek, which would empty into it. in consequence of which the said debris, logs and rocks elegged and damed up the ITead of said sewer and the said writers -were prevented from emptying into said sewer, and the said sewer overflowed and the waters from the said Tanner Creek were precipitated 7pon the vegetable garden of tuo said plaintiff, and overflowed, washed away and de stroyed the beds of said garden," to his damage in the sum of $438. The answer denies die negllgencs charged, and affirmatively alleges that the Inundation and overflow, caused by an ex. Inordinary and unusual storm, against the effects of which ordinary care end prudence could not guard. The trial resulted in a verdict and judg ment in favor ot the plaintiff, and defend ant appeals, assigning as error the ruling of the court in the admission and exclusion of testimony. The Supreme Court reverses the decision of the lower court upon the ground ot error in the admission of the testimony of the witnesses. Woodward and Hazeltlne. The opinion says: This evidence was clearly incompetent. because the witnesses were permitted to give their opinion concerning the very matter in issue. The complaint charges that the defendant carelessly and negli gently permitted the head ot Tanner Creek sewer to become obstructed. The witness, Woodward, says that, in his opinion, the overflow was on account of the head ot the sewer being properly guarded. Hazel tine saje that it was because the city did not keep men enough there to keep It clear. In other words, both testify. In ef fect, that the city was negligent In not providing men enough to take care of the drift and debris coming down Tanner Creek, so as to prevent it from obstruct ing and damming up tho sewer. This was the real question In Issue in the case, and within the exclusive province of tht jury to determine. It did not call for expert opinion evidence, and it was im proper to permit a wltn'ess to testify .as to his opinion. upon the question." U. T. Slater, as receiver of the property of the Williams & England Banking Com pany, a corporation, respondent, vs. J. J. Reed, appellant, from Polk County, H. H. Hewitt, Judge; affirmed. Opinion by Wol. verton. C J. The opinion says: "This is a. suit to re move a cloud from the title to lots 1, 2 nnd 4. in block 7, town of Eola. Po'.k County. Or. The plaintiff deralgns title from one "William Ouran and Jane C Duran, his wife, who conveyed them by warrantly deed to Thomas J. Rlggs. Sep tember 2, 1S55. Rlggs having died, his heirs conveyed them to WllUams, England & Co.. as mortgagees, for the use and benefit of O. J. Beardsley, with the con dition that the deed therefor should be held as a mortgage to secure the payment of the purchase price thereof, and for other funds advanced and to be advanced by said Williams, England & Co.. for her use and benefit. By due assignments and transfers, subsequently made, the Will iams & England Banking Company b came the owner of all the Interest of Williams, England & Co. In and to said mortgage and premises. The property ot the bank ing company having gone into the hands of a receiver, a suit was instituted, ar.d .on the day of June, 1S9S, a decree n (lered. foreclosing said mortgage and di recting the premises In controversy to ba sold, with other lands, to .satisfy said in debtedness of O. J. Beardsley to the re ceiver. There was no sale undeT the decree, but O. J. Bearisley and her hus band, O. P. Beardsley, executed to said receiver a confirmatory deed, for the con sideration tit $12,000, to the premises in dis pute, and other lands therein -descrlbid. "It is alleged that plaintiff and h'.s grantors have been in adverse possession of the lots since the 22d day of Septem ber. 1S55. and that the defendant claims under a quit-claim de;d from William and Jane C Duran, his wife, to one Alvln C. R. Shaw, executed September 3. IKS. Shaw and wife deeded to Joseph Downer, Ed ward Steelman and Robert Combs, by warranty, November 7. 1SSS. Steelman and Combs to Downer, April 23. 1SG0, and Downer to the defendants. May 22. 1&6. Duran's deed to Shaw does not appear to have been recorded. "Three questions aro presented: (1). was plaintiff in possession at the time of the institution ot this suit? (2) have he and his grantors been in the adverse possession for more than 10 years. It being conceded that defendant has the better paper title? (C) did the said grantors intend that the premises In dispute should be Included in the confirmatory deed?" In affirming the decision of the lower court, the Supreme Court answers all these questions in the affirmative. B. M. Lombard, respondent, vs. Edith J. Smith, appellant, on -petition for rehear ing; petition denied. Opinion by Bean, J. "It is said tho court did not instruct tbs Jury, as a rule of law, that payment ot witness tees and mileage was a sufficient proof of damages to entitle plaintiff to recover. 'The only knowledge we have on the subject is the record, which shows that tho defendant requested In wrttlns an in struction that 'the payment to the defend ant of her witness fees and mileage are not such damages as will entitle the plain tiff to a verdict, and unless you find other damages to said plaintiff, the verdict must ba for the .defendant.' The court not only refused to Instruct as requested, but lc its charge called the attention of the jury to the contention of defendant in this re card and instructed them that If you find that the plaintiff piii far the attendance ot that witness $2 SO. you have a right to consider that as damages sustained by the party in the absence of the witness.' The only reasonable interpretation we can give to these rulings Is, as stated in the opinion, that the court intended to, and did. instruct the Jury that payment of tne witness fees and mileage at the time of the subpena was a sufficient showing of damages." Petitions .for rehearing were also denied In the cases ot A. Goodnougb vs. Claud Gatch, and George Rlsch vs. Jesse Wise man. Minor orders were made today as fol lows: Fred Dose, appellant, vs. Walter L. Tooze, respondent: ordered that appellant have until April 21, to file a petition for rehearing. Dorothy Wetmore. appellant, vs. Ward C Wetmore. respondent: ordered that ap pellant's time to erve--and flle her brief be extended to April 20. The Wlchser-Booth. wUl contest, re cently decided in favor ot the heirs ot J. C Booth, was today appealed to the Supreme Court. RCSaWAT BOY CAEttHT. A Wo old-Be Sailor Taken to Bis Eastern Oregon Home. ASTORIA, Or., April 9. While the Brit ish ship Isle of Arran was In Portland, a young boy shipped on her as an ordinary seaman. It was ascertained later that the boy had run away from his home In East ern Oregon, and yesterday his father came after him. The boy was released from the ship without any difficulty. The barkentlne Arago cleared at the Cus-tom-House today for San Francisco. She carries 645.111 feet of lumber from the Co lumbia mill at Knappton. In the Circuit Court today, tho Jury re turned a verdict In favor of the defendant in the case of John Pentllla m the Oat gop Mill Company. This was a suit for $20,114 damages for the loss of an arm of tho plaintiff while working in the. mm of the defendant. Saturday two sailors on the British bark Samaritan Jumped overboard from her, while she was anchored in the lower harbor, and started to swim ashore. The tide was running out at the time, and the men were being carried down toward the bar when life buoys were thrown them from the British ship Isle of Arran and a boat lowered, with which they were picked up. When rescued, they were nearly ex hausted. They "were placed back on board of the Samaritan. Inspectors Edwards and Fuller are In this city to Inspect the following steamers: Wallula. North Star, Mller, Harrison. El Hurd. O. K.. Electric, Gertie, Astorian, Occidental and ColwelL The suit of Henry Mattson, by his guar dian ad litem, against the City of As toria, is on trial in the Circuit Court be fore Judge McBride. This suit to to re cover $3000 damages for injuries sustained by the plaintiff by falling through one of the streets in the city. CHILD SCALDED TO DEATH. Fell In a Tub ot Hot Water and Lye. ASHLAND. Or.. April 9. A distressing fatality took place on Wagner Creek, three miles south of Talent, Saturday, the victim being the 2Vi-year-old daughter of iir. and Mrs. George Low. Mrs. Low had been arranging to scrub the floor of her home, and placed a good-sized tub filled with scalding water and a pot of concen trated lye on the floor. She stepped out side the house to get a bucketful of cold water to cool the scalding water, and while so engaged ts child. Fanny, who was playing In the room, approached the tub and fell headlong into the scalding water and lye. The agonizing cries ot the child recalled the mother, but too late to save the child, who lingered in great agony for 2i hours before death came to her relief. The funeral took place today. Freta-ht Train Derailed. The northbound Southern Pacific freight train. No. 22. was derailed this morning at, 10:30 o'clock, at Steinman, a few miles south of Ashland. Five cars were derailed, two containing general merchandise being ditched. Fortunately the crew escaped injury. A wrecking crew was sent to the scene, a temporary track built around the wreck, and the southbound -passenger train was only de tained three hours. Salem Notes. SALEM. Or.. April 9. The Salem Flori cultural Society, at Its last meeting, elect ed the following officers: President, Mrs. R. S. Bean: vice-president. Mrs. Perry Raymond; secretary. Mrs. William Brown; treasurer, Mrs. J. W. McKlnney. It Is the present purpose of the society to hold an other rose show, and with the proceeds and the money now in the treasury erect a public drinking fountain in this city The society will meet April 1J at the home of Mrs. William Brown to perfect arrange, ments for the rose show. Governor Geer Is In receipt of a petition for the pardon of John Lavery, who Is serving a two years' sentence for an as sault with a dangerous weapon, commit ted In Harney County, upon the person of Louis C de Condrls. The man Injured and six of the trial jurors Join In the petition. The State Land Board today approved applications for loans aggregating $15,701). County Treasurer Dowrlng this eveninr io, "e flrst Pnyroent en Marion Conn- ty"s 1S99 state taxes. Tbs amount paid was 570(0. Orearon Notes. The Coqullle City Bulletin has been sold by B. F. Lawrence to E. E. Johnson, a eawmill man. The "bobwhlte" quails recently turned loose on Ochoco are thriving, and if un molested for a few years will afford fine shooting. The editor of the Tillamook Herald an nounces that he will vote for the equal suffrage amendment "whether anybody else does or not." Mrs. Anna Chenoweth. aged 'about GO years, who was hurt In a run-away acci dent several weeks ago, died at her home near Alder, Wallowa County, last Tues day. A freighting service between Surapter and the adjacent mines is to bo estab lished. For packing 100 horses and 25 mules will be put in service at once, and 400 animals later. An enterprising citizen of Wallowa County brought out a number of young Juniper trees last week and disposed of some of them to Elgin people, to set out for ornamental purposes. It is probable that the dog tax will be collected In Elgin a little more closely hereafter, as some conscienceless cur or curs maliciously and without causa took the life ot "Dick." the favorite cat of tho town. Tuesday night, says the Elgin Re corder. J. H. Tlmon. who is opening a mino on the isthmus close to Marshfield, hag tun neled through the slide or "horse" and struck the coal in solid form. He is more than pleased with the present prospects, the vein being five feet of good hard coal with moderate pitch, and he anticipates big returns. Warren Chandler took the H. P. Stew art cattle to Pine Creek, where they were turned upon the luxuriant range there the flrit of the week, says the Enterprise Bulletin. There were about 900 head alto gether. Mr. Chandler, states they fed about '700 tons of hay during the past Winter, but by reason of. turning out so early! have 200 tons left over. Sheepmen can now leave their flocks for a. day at a time and no harm will come to them, says the Lakevlew Exam iner. W. K. Barry's band was without a herder for six days, and wandered away from their grazing ground, and there was no perceptible loss. This is a good argu ment in favor of the nonrepeal of the coyote bounty law, as so many of these animals have been destroyed that the bounty money to be paid hereafter witl not amount to much, and at the same time the -work of extermination will go merrily en. fKOST INJURED FRUIT SOME VARIETIES WILL BB A TOTAL JFAILCRE IK JOSEFBXIB. Others Badly Damaged-Fall Extent of the Injury Cannot Be De termined Yet. GRANT'S PASS. Or.. April 9.-Joepblne County was visited by heavy frosts Sat urday and Sunday nights, and the favor able fruit prospects have received a se vere blow. The thermometer Sunday night dropped to 26 degrees, the coldest night of the Winter, the frost setting in about midnight. This morning the out look for peaches is almost a total failure. Prunes, plums and pears are badly dam cged. but to what extent cannot be told for several days. The strawberry crop will be delayed several weeks, as the blossoms now-ln sight were all killed. Nut trees, oaks, locusts and catalDas ore all f black and shriveled. Roses which in a tew favored spots were all ready to blos som have been blasted, and probably when the hot weather comes many bushes wUl die. The nights were perfectly clear, and Ice formed one-fourth ot an inch thick. Apples were not advanced enough to be seriously hurt. The weather is moderat ing today. Damaa-e at Ashland. ASHLAND, April 9.-Saturday night, when the thermometer dropped to 29 de grees, and last night to 25 degrees, with a clear sky and little wind, were the coldest here for weeks past. It will take several days to determine the extent ot the Injury done to the peach and other fruit crops, some holding that they have been Injured very seriously, others that the frost has only performed a very neces sary thinning out of what premised to be the largest and heaviest crop ever known In this section. Cherries have suffered worse than other varieties. Apples are not injured to any extent. More serious reports come from the other and lower portions of the Rogue River Valley. To night is clear and cool again, after a genial day, and weather predictions are tor a warmer night than last night. In Clark Cocnty. VANCOUVER.' Wash., April 9. The cold rains and frosts ot the past few days have caused considerable apprehension among frultmen In this county. Prunes, cherries and all fruit trees are advanced to an unusual degree for this time of year In this vldnlty, most of the orchards near the Columbia and other watercourses "be ing in full bloom, and are in fact just at tho critical stage. The thermometer for the past two nights has been dangerously near the freezing point, and in the opln Ion of many it will be surprising if some of the orchards are not found to have been affected. The general opinion of a number of experienced frultmen seen to day, however, is that no damage thus fat of any consequence has "been done to tht orchards in Clark County. 3To Injury at Rosebnrar. ROSEBURG, Or., April 9. Fruit is un injured here. There were two light frosts, which did no harm. Roses are In bloom. At Hood River. HOOD RIVER. April 9. There was frost throughout tho valley last night, but growers -say the fruit Is not injured. COLUMBIA COUNTY REPUBLICANS. Endorse McBrlde's Candidacy for the Senate. ST. HELENS. Or., April 9. The Repub lican County Convention met in the Ma sonic Hall In Rainier -today. T. C. Wat.s, of Goble, was chosen temporary chairman and J. E. Hall, of Clatskanle, temporary secretary. After appointing commites on credentials, order of business and reso lutions, the convention took a reecss until 1 o'clock, at which time the temporary or ganization was made permanent. Resolutions were adopted commending the McKlnley Administration; also the ad ministration ot county affairs in reducing the Indebtedness ot the county about $3, 000 In two years. Also the following Mc Bride resolution was adopted: tVbereu, 1 members of the next Legisla ture are to elect a United States Senator for Oregon to succeed our senior Senator, th Hon. George W. McBride: and. Whereas. Senator McBriie has attained a high position la the United States Senate, serv ing as chairman and member of some of the taost important committee of the Senate, giv ing bun rank among the first of that hooor abl body, a pcvrttlcn that few attain, even at the end of 12 years' serrloe. and cue which gives htm great opportunities to render im portant service to the people of tola state and Nation; therefore, be It Resolved. That w point with pride to the honorable record be has made and the untiring energies with which he has devoted himself to the public service. 'W belleie him to be a true and sincere friend ot the people, and be lieve that the people of the State of Oregon desire his re-election to the United States Sen ate, and we heartily lndorve and appro e hla course, and Instruct and pledge our candidate for the Legislature to give him hi loyal and unfaltering support, and to vote for bun and use all honorable efforts to secure his re election, and to continue hU eupport if oppo sition should arise, until the Senator himself is convinced that he cannot be elected. The main fight centered on Representa tive, which resulted In Norman Merrill, of Clatskanie, the pledged McBride man, re ceiving 24 votes and H. R. Cliff, of St. Helens, IS. J. B. Doan, of Rainier, was renominated tor County Judge. Other nominations were: J. G. Watts, of Scappoose. County Clerk; H. M. Powler. of Goble. Sheriff; Edwin Ross, of St. Helens, Treasurer; W. D. Case, of Pittsburg, County Commis sioner; I. H. Copeland, of Warren, Coun ty School Superintendent; Martin White, of St. Helens. Assessor: A. B. Little, ot Houlton, Surveyor; J. E. Hall, of Clats kanie, Coroner. Delegates to the state convention are: "H. West, of Scappoose; G. F. Llndgrcn. of Mist: James Muckle. ot St. Helens; A. L. Clark, ot Rainier: T. J. Cleeton, of Bt. Helens, and A. B. Little, of Houlton. Delegates to the Congressional conven tion favor re-election of Moody, and are: O. E. Wonderly. of Delena; G. W. Barnes, of Quersey; J. E. Hall, of Clatskanie; John DoUn, at Warren: George A. Hall, of St. Helens; E. E. Quick, of St. Helena SALEM CITIZENS' TICKET. Dissatisfaction "With the Manner In Which It Was Pot Up. SALEM. April 9. The Capital Journal this evening has the following to say re garding tho "citizens' ticket" put up by the Democratic' Convention last Saturday: "Considerable dissatisfaction Is mani fest with the manner in which the ticket was put up Saturday. "Many leading Democrats and taxpay ers are not satisfied with the way it was rushed through. They say it is possible the same men might have been nominated who were reported by the conference com mittee. Chairman George W. Weeks, ot the People's party, left the conference, and it is known that leading Populists will not indorse It. "A citizens' ticket to be successful must be fair and just and must treat the Re publicans who have done their full duty by the people and the taxpayers fairly and squarely. The majority ot Populists and Democrats of Marion County have no flght to make on at least three of the present "Republican county officials, and a great many Republican taxpayers want a chance to support Frank Durbln for a second term, on account of the admirable record he has made as Sheriff. That is the feeling, and the convention was not given a, chance to express Itself Saturday, but -a slate was railroaded through In n man ner that savored too much ot dictation to be acceptable. "The indications are that the Populist central committee will be called together and will taaist on a cesftrcsca f or a re- construction of the ticket so as to remove all objection and make it acceptable to the citizens generally. "The people of Marlon County have formed a favorable- opinion of the citi zens' movement In the City of Salem, and If a citizens' ticket Is placed berore tne people as such it should be the genuine thing, or It will be a disappointment." Morrow Connty Republicans. HEPPNER, Or.. April 7. The Morrow County Republican Convention was held here today, the delegates numbering 43. All precincts were represented. Results of the convention were as follows: Delegates to State Convention W. R. Ellis, Ed Cox. E. L. Freeland, G. W. Phelps. N. R. McVey. Delegates' to Congressional Convention B. F. Vaughan. Joe Rector, R. C. Wills, J. A. Thompson, E. T. Perkins. For Judge A. G. Bartholomew: Sheriff, J. W. Becket: Clerk. Vawter Crawford; Treasurer, Mat LIchtenthal; Assessor, W. L. SaUng; School Superintendent. J. W. Shipley: Commissioner, Ed Cox: Coroner, Dr. Hunlock; Surveyor, Harry Cummlngs. The Judge, Clerk. Treasurer, School Su perintendent and Coroner were renomi nated. Democrats of Morrow Connty. HEPPNER, Or., April 9. The Morrow County Democratic convention today nominated the following ticket: Judge John Hughes. Clerk S. P. Florence. Sheriff-J. W. Matlock. Treasurer J. J. Wells. Assessor W. C Laccy. School Superintendent S. I. Stratton. Commissioner Ed Ashbaugh. Surveyor Julius Kelthley. Coroner Jack Jarvls. Delegates to state convention J. W. Morrow. Henry Blackman. C. E. Redfleld, J. A. Woolery. Chairman County Central Committee G. W. Wells. Democrat nnd Prohibitionists. THE DALLES, April 9. The Demo cratic County Convention will meet here tomorrow, and the delegates are arriving from the interior. There Is a scarcity of candidates for all positions except that of County Judge, which has several strong men who are willing to fill the plac-. The Prohibition ticket put In the field last Friday contained names of prominent ex-office-holders from the ranks of other parties. Their names were used without their knowledge, and as a result they have declined the honor?" Polk County Populists. DALLAS. Or., April 9. Saturday the .MIddle-of-the-Road Populists met in Dallas and elected the following delegates to the state and district conventions, the same delegation attending both conven tions: I. K. Sears, McCoy: L P. Dennis. Falls City: Ed Bell. McCoy: James Mur phy, Bridgeport: Joseph Brown. North Dallas; T. V. B. Embree. East Dallas. COMING TO TERMS. Sheep-Bayers' and Growers' Prices Are Closer. HEPPNER, Or.. April 9. There are symptoms of sheep-buyers and growers getting a llttle'closer together, and they are now apart only 15 to 20 cents a head. Shenpshearing Is being generally begun here today, and the yield will be the big gest and best In the history of the industry In Eastern Oregon. George Conser, cash ier of the First National Bank, went out yesterday to Sanford Canyon, where he has 3000 ewes, and brought in a sample of the wool they are about to yield up to warm, the world. It Is pronounced the finest ever seen here, being VA Inches long, perfectly clean, and of the most oven tex ture that It Is possible to produce. And this Is a parallel case to most others In Morrow County. Mr. Conser's band is lambing, and of 70 cases in It yesterday 21 were twins. The weather during the past few days has been rather too cold' for Iamblntr. but the new arrivals are all hardy and vigorous, and losses ore next to nothing. The range Is In the beat pos sible condition, and all stock Is rolling fat. A big freight outfit from the John Day country came In today. R. L. Hynd's and Henry Heppners warehouses here are full of general merchandise billed to Canyon City. Eleven thousand bushels of wheat were sold In one lot on the Heppner branch yes terday. CURISTIAN ENDEAVORERS. Programme for the State Convention, to Be Held at Albany. OREGON CITY, Or.. April 9. Rev. A. J. Montgomery, president of the State Christian Endeavor Union, stated today that the principal details for the state convention, to be held at Albany May 25, 26 and 27, were already arranged, and the Indications were favorable for an unusual. ly large attendance. Among the special features this year will be a stereopticon display of the Tissot pictures, illustrat ing the Hfe of Christ. John G. Wooley, the poted temperance lecturer of Chicago, will be In attendance, and Is on the pro gramme for several addresses. Arrange ments have been made for special cars from Eugene and Portland, In addition to the usual reduced rates. The Coroner held en inquest today over the body of the unknown youpg man found In the river Saturday evening, and the jury brought In a verdict of suicide by drown ing. His identity still remains a mystery. A bicycle parade has been arranged to take place next Saturday evening on Main street, when prizes will be awarded for bicycle costumes and decorated wheels. The judges of the parade contest are: Mayor C. D. La-touretto. Dr. W. E. Carll. Mrs. Theodore Clark. Mrs. W. E. Pratti and Rev. A. J. Montgomery. Immediately after the parade a meeting will be held to organize a bicycle club. NORTHWEST DEAD. 31 m. Idn Chambers. EUGENE. Or.. April 9. Mrs. Ida Hen dricks Chambers, wife of F. L. Chambers, died at her home In this city at 1:30 this morning, of consumption, aged 38 years. This has been one of the most remarkable cases ot sickness, suffering, patience and fortitude, and death's coming may ever be said to be merciful In this case. Mrs. Chambers' sufferings commenced a little more than six years ago. and for the past five years she has been almost constantly confined to her bed. Four years ago her condition -was so critical and her physical powers so wasted that ner medical attend, ant could not understand how she could survive for more than a few days. But she has continued to live, with slight vari ations for the better at times, suffering everything that mortality can suffer, for years. She has received every attention that loving hands could bestow, and has had her every wish gratified, but death alone has relieved her distress. She leaves a husband and a daughter 7 years of aga to mourn her loss, as well as a host of relatives near of kin. The funeral serv ices will be held tomorrow. 3Irs. Fannie Potter. SEATTLE. April 9. Mrs. Fannie Potter, aged 90 years, died here tonight of senile decay. Mrs. Potter's husband, aged S3 years, survives her. The deceased was a native ot Northern Canada. Her father. Captain Sutherland, fought on the British side in the War ot 1S12. He -was killed at Lundy's Lane. Mr. and Mrs. Potter had been married for 70 years. They lived many years In Minnesota, and came to this city two years ago. They have a daughter residing here. A. A. Matthews. HOSEBTJRG. Or., April 9.-A. A. Mat thews, an aged pioneer of this county, died at his home at Reston yesterday. He was at one time Assessor of this county, and quite prominent in- politics. He leaves a. widow and a. grown family. Pianos-Organs. WUy B. Allen Oe. IF YOU WOULD ENJOY Good Health -v USE WARNER'S It Invigorates the LIVER. It Heals Diseased KIDNEYS. THEHORTONS'MURDERERS ATTEMPT TO RESCUE THEM AT HAINES MISSION. Troops at Sltaa-rray Drove the In dians Off Attempt at Lynching "Was Also Made. VANCOUVER. B. C April 9. Stirring scenes followed the arrest of 11 Indians for the murder of Bert Horton and his wife near SuUlvan Island. Alaska. The steamer Cutch, which arrived here today from Skagway. brings the story of an at tempt to rescue the Indian prisoners at Haines Mission by a 100 young bucks, all armed, to repel whom the troops station ed at Skagway were called out and the Indians driven off without loss of life. At the preliminary examination of the prisoners It was shown that the Chllkats had first put the husband to death, sub jecting him to many atrocities, and dur ing tne io. owing wees naa p - Horton a prisoner, repeatedlyabuslng her ing the following week had kept Mrs. oexoro nnaiiy &unu& nc. .me t,.c..M. Indignation prevailed at Skagway and an organized attempt was made to lynch the Indians. This, however, was pre- vented by tte troops, who successfuliy guarded the jail. - t. case was tne Another feature of the voluntary surrender to Deputy United States Marshal Tanner of another In dian, who said he had been concerned in the murder. There are now 12 Indians in Jail awaiting trial charged with the mur - der of the Hortons or complicity therein. It seems that the Chllkoot and Chllkat Indians beUeved they could commit mur der with Impunity, because an Indian named Tom recently returned from Mc Neil's Island who had been pardoned while serving a 10 years' sentence for kill ing a white man. This Indian told the others that he had been well cared for. and as he was well dressed upon his re lease, his term of detention appeared to be exceedingly pleasant. The killing of tho Hortons was caused by a desire of the Indians to gain possession of the white woman, associated with their sup erstition that a Hfe for a life to a neces sity. Dairaon Trail Impassable. VANCOUVER. B. C. April 9. Skagway papers to April 5 brought by the steamer Cutch today state that all reports from the Interior point to an almost lmpass nhle trial from Bennett to Dawson. The breaking of the Yukon River now is . ,, a ,. t ...1.3 .w... excepuonany emur aim it i m iui innumerable teams en route with goods for Dawson will not be able to get through, owing to the breaking up of me ice. xeams ana gooas win do uuugeu to remain on the trail until tney can tie picked up by the first steamers to Daw son. BURNED TO A CRISP. Outcome of a Debauch at Rossland Saturday NIffht. ROSSLAND. B. C, April 9. Joshua Wayne's charred body lies at the morgue as the outcome of a debauch Saturday night. Wayne became intoxicated and went home at 5 A. M. Sunday to a shack which he occupied on Kootenai Avenue. In some way It caught fire. J. Stuosl hurried to the window and saw Wayne sitting at a table his hands outstretched. Stuosl caught Wayne by tho arm and en deavored to pull him through the window, but the heat became so great that Stuosl was obliged to beat a retreat. The un fortunate man was burned almost to a crisp. He was 50 years of age and for the Obesity. Corpulency. The efficiency of "APENTA" The Best Natural Aperient Water, in removing fat and corpulency, is proven by experience. FOR REPORTS by Professor Liebreich, Berlin, Professor Bogoslowsky, Moscow, Professor Akbaus, London, and American Authorities, Address, United Agency Co., 5th. Ave., cor. 42d St., New York, Sole Agents of THE APOLLINARIS CO., Ld,, London. Weakness, Sufferings, Paleness Sfi: & Isssssssssssssssssssk." sssssssssssssssH Note the numbers they indicate points of weakness that HUDYAN cures. HUDYAN cures pain in back, pain over abdomen, dragging paint, bearing-down pains. HUDYAN cures mucous discharge, and all chronic inflammations and ulcerations. fiFT HimYAN y yocr uTumH. BSc package, stx packages for $0. If UE.I nULMAn Teur oVngfist does not keep It. send direct to the HUDYAS RBICSDT CO, cor. Stockton. Bills and Market at.. San Francisco, CaL AsWteasx DevsWtsMStt Waasea Tree CoaseOt Bndyma Bvototm. W-sttt In the Future, SAFE CURE TODAY. past year had been a gambler. He had $250 in paper on him when he went home. This was destroyed with his clothing. A Bogu Canvasser. CHEHALIS, Wash., April 9. A. J. Mac Donald, alias Slater, was arrested at Pa Ell Saturday and given a preliminary ex amination before Justice Silas Sage, of Pe Ell, this morning. MacDonaM Is supposed to be a bogus canvasser for all sorts of periodicals, for whom a San Francisco paper has offered a reward of $500. He waived examination, and was brought to Chehalls and placed In the county jail. The San Francisco paper telegraphed that a. man would be- sent at once to take charge of the case. MacDonald had a large grip full of sample copies of period icals and price lifts, but had no money, although he had placed one or two papers in Po EIL Klondike Output. VICTORIA. B. C. APril 9. A careful inspection ot all dumps on Hunker and Dominion Creeks, Klondike, enables the Yukon Sun to estimate that these two creeks, with their tributaries, will this spring clean up $4,500,00). 34. 35 and 36 Dominion being the richest individual with $300,000 to their credit. Water has al ready commenced running In tho creeks and the clean-up has commenced ere this. A snortase ot'water Is feared. Iee at Dallns. DALLAS. Or.. April 9. Ice froze in Ttntlnn . a - l & t ? T'he fnn tmen "," con- ' ceded that If the cold weather continues ,h fn.t. ,ni h- mnioriiiiv ,1..-,-. Cathollo Chnrcb Darned. VICTORIA. B. C April 9. Cowishan ' Roman CathoUc Church, Quamlchan Station, was destroyed by fire Saturday night: loss, $M0O. A heavy wind storm bad broken the chimney, hence the lire. Snb-ConanI Realms. NELSON. B. C April 9. United States Sub-Consul Kneipp has resigned. He has been only three weeks at his post. TVaahlnerton Note. The Colville City Council has decided to raise the annual fee for retail license from $300 to $500. The cities of Gray's Harbor expect to bo successful In their efforts for a Sunday train service. H. Dramond. of Colville. has been fined $20 for selling liquor without a. license. He Is SO years old. A trick horse owned by Robert Lowery. of Aberdeen, got its tongue cut in two in a mysterious manner. H. B. Trout, of Whitman County, has sold a band of 620 high-grade Merino I sheep to Sprinkle Bros., of Montana. . i uan Downing, a convicted murderer, esCaped from the Chehalls County Jail'' at , Montesano, Thursday night. The county has offered a reward ot $100 for his cap- ture. The Washington State Press Association will hold Its next annual meeting on Bel Hngham Bay. and, Wednesday. Thursday and Friday, July 23. 26, and 27, have been decided upon by the committee as the time. The Goldcndale Sentinel says the long distance telephone Is being extended from Goldendale to Blockhouse and Camas Prairie. A line will also be built across the SImcoe Mountains through the reser vation to North Yakima, following the old military road. M. C. Dickson, rural mall carrier for the new Selah and Natches route, has been notified that his work will begin on April 13. He will travel 25 miles and de liver mall to 412 persons. This makes three good n.ral mall routes connected with the North Yakima office. The business of that office has Increased $1050 over last year, the year closing with April 1 show ing $3325. HUDYAN RELIEVES HUDYAN is a friend to sickly, suffering women, for HUDYAN quickly alleviates all those miseries that are peculiar to women alone. Women who suffer as a result of chronic uterine or ovarian troubles are nearly always nervous. This weak-nerve condition brings on indigestion and constipation. HUDYAN meets all these conditions. HUDYAN gives to weakly women strength, also a splendid appetite. HUDYAN acts gently and naturally upon liver and bowels, thus overcoming constipation. HUDYAN does not produce nausea, but is pleasant in effect. Persons with unusually weak stom achs find immediate relief in HUDYAN.