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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 17, 1900)
JP ,-- rvpp c ' THJ3 MORNING ORE(50Nj-A$, fUESDAT, APML 17, MOO. FISHING SEASON OPENED FIRST DELIVERIES. INDICATE A GOOD RUN OF SALMOxI Price Ranged From Six to Seven Cents Fish Commliiloncn VUrl- lant Other Oregon Sews. ASTORIA, Or.. April It The fishing season has opened here most graflfyingly. The first day's deliveries to canneries Indicate a good run of salmon, and the flsn were bought at prices ranging all the way from 6 to 7 cento per pound. Most of the flea were small, averaging about SO pounds. Old fishermen now declare the Indications favorable foi a good season. That fishing out of season had been In progress in a small way during the past few days -was generally known, but the activity of the Fish Commissioner made it Impossible to secure exact information, al though the run of fish was believed to be good. The combine and several of the other canneries had Informed their fisher men that the season opened at midnight Saturday. while the law plainly states that it opens at noon April 15. As Fish Com missioner Reed learned that this report had been generally circulated and was be lieved by the fishermen, he made no at tempt to" arrest any of the men who went out SaturJay nlpht Tho "high boat," .so far as could be learned, brought in slightly oer two tons. Many fishermen had been out for several days. The only eeining ground that has been heard from Is Sam Oliver's. He made one haul yesterday and secured CO pounds of fish. All the canneries that were an nounced in Saturday's dispatches as ready to start up today are in operation, and had enough fish on hand to keep them busy. The glllnet that was captured a few days ago by Deputy Fish Commissioners Loughcry and Butts was claimed today by a fisherman named McDonough, and after he had paid the expenses attending Its capture it was turned over to him. He states that the net was in his boat anchored off the Barbary coast, above Brookficld, and during the night some one took the boat and net and went out fishing. The next day the boat was found in its accustomed place, but the net was missing. McDonough eays that he has no knowledge who the man was who used his boat and caused his net to be seized. Fish Commissioner Reed will have a patrol boat on the riier during the fish ing season, and the work that he will do will be in connection with Commissioner Little, of Washlrgion. Their purpose is to exact a strict enforcement of the law. and arrest every fisherman who has not a license and whose boat Is not properly numbered. There seems to be a concert ed action among some of the fishermen to Ignore -.he law, and if they continue to do eo, (he Commissioners will endeavor to have them punished to the full extent of the law. The financial reports of the City Aud itor and City Treasurer for the quarter ending March a were submitted to the Council at its meeting this evening. The Treasurer's report shows the amount of cash on hand at the commencement of the quarter to have been J11.6S1 ZS; receipts during the quarter, U,51G 31: dlsburse mente. JTSS1 21: balance on hand at end of quarter. J15.S1G IS. Of the receipts. J06M was from liquor licenses, J1090 from Police Court fines and forfeitures, JS38S0 from miscellaneous licenses and J202S ST from taxes. The balance consisted of payments on various street assessments. The Aud itor's report shows the financial condition of the city to be as follows: Indebtedness M.'al b"nds .0 btroet bonds 'ICO' 44 Municipal warrants 3ln2 'S Btreet -warrants 1.S50 M Total Indebtedness $233,315 S3 Resources asL 15.-I6 TlXCa 1SK2C4 Unpaid street assessments 17,571 53 Total resources t 52,751 11 The City Council tonight declined to ac cept the bid of the West Shore Mills Com pany for furnishing electric lights for the city for the fiscal year soon to begin. This was the only bid submitted, and the ac tion was taken because it was believed others will try for the contract. An ex tension of 10 days for opening bids was Therefore ordered. ?TE1VS OF ITEPPXER. Tnneral of Mm. J. p. Rhea tgrlcnl tnrnl Reports Good. HEPPNER. April 15.-One of the most largely attended funerals ever seen In Heppncr was that of Mrs. J. P. Rhea, which occurred vc-terday. she dl;d at St Vincent's Hospital. Portland. Friday, ard was one of the p'oneer residents of Rhea Creek. Mrs. Rhea was universally esteemed, and her death is much regret ted. John Spencer, who has just returned from taking the cattle of the Aers Cattle Company across to the Xorth Fork of the John Day. says that a foot of new snow fell in the Blue Mountains last week, and that there was already 14 feet of packed enow in there, which assures the usual amount of water for the streams during the coming Summer. Edgar Matteson and EHsha IWatklns, who have just returned from a trip through the north end of Morrow County, say that there are vast areas of wheat growing there on newly settled lands, and that it could not possibly look better than it doc, and gives every promise of a big jleld. Sheepmen throughout that sect'on are havlrg phenomenal Increases. Mr. Mat teson says that on the Diherty and Mc Dald ranch, the Increase Is 14 per cent. A big covered wagon follows after the oanas. ana wnen iambs are dropped, mother and pappocses are put In the wag on and taken o a big shed, whose walls temper the breeze to their tender condi tion, and they are made to realize that it is good to be am-?, and this is the best woria tney were ever In. The wool now being sheared in Morrow "County is cxceedlrg the most sanguine expectatitns. In bolh quality and quantity. The nominations of Asa B. Thompson, of Echo, for Joint Representative, and of TV. R. Ell's, of Hppne-. for Circuit Judge, give general satisfaction here. The new train serv ce beginning on the 22d. will give Heppner all-daylight runs, and is hailed wltlf delight here. An encampm-nt of Indians just made near town is headed by Blind Jim, who was ap old Indian when Henry Heppner first met him here 30 years ago, but still remains the same age. His band winters on the Co'umbla, and annually camps at Heppner about this time of year on the way to the edge of the mountalre to dig cowse. Some very tasteful monuments have re cently been erected in the Heppner ceme tery over the rerca'ns of three pioneers of Eastern Oregon Nelson Jones, John Elder and Prees Thoinpson. J. R. Simons, of Heppner, has just re ceived news of the death of his mother in Kansas, who was 101 years and 2 months old. The Prohlbiflonl'ls are going to put a county ticket in tho field, and will hold a nominating convention in Heppner the 23fl. WORK OF AN OREGON CONVICT. , Curiously Carved Cane Sent to the Mayor of Omaha. Omaha Bee. A curious box. resembling an elongated coffin, was delivered to Mayor Moores this morning and caused comment among at. laches of the executive office, who sur mised that it might contain a bomb or a corpse Inspector Tom Manamltt pried open the lid somewhat cautiously and laid bare an object swathed In the wrappings of an -Egyptian mammy. After many folds had been unwound there was brought to light a rare and curious cane, its' body, from handle to ferule, daintily and. ar tistically carved. The theme of the carvef was the Navy, and the likeness of every great sea fighter -of the Span sh-Ameri-can "War." together with his battle-ship, was reproduced. First of all was a per feet portrait of Dewey, embossed on the white -maple beside an etching of his flagship. Down the body of the cane fol lowed Sampson, Evans, Schley. Sigsbee, Hobson, Walnwrlght and other historic names; The origin of. the eane was even more I curious than the gift Itself. A letter was enclosed written on the stationery of the penitentiary at Salem. Or., and signed by C A. -Combs. & long-term convict. Combs said that the Mayor had qnce re membered, lila) with s sen ice 'which he has remembered with gratitude until this day. The Mayor, on the, contrary, can neither remember the favor nor its bene ficiary. The convict said that the' carving was dona with a large needle, the point being filed into a chisel shape. This was the only instrument which the guards would entrust to the convict. The task occupied all of Combs' spare time for three months. Although the workman. ship is of a professional character and the likenesses -perfect, the convict apologizes on the ground that he was obliged to work in a poor light and could only se cure poorly executed newspaper portraits for his models. Combs gives no particulars aa to his confinement and asks no favors. Forest Grove Liquor Case. FOREST GROVE. Or., April It The City Council Saturday night made the final disposition of the case of Charles F. Miller, Who was arrested some time ago for selling intoxicating liquor in his drug store as a pharmacist, in violation of a city ordinance. He was tried beforo Re corder L. I. Langley- and fined J75 and costs. Miller appealed the case to the Circuit Court, and the Jury disagreed. Tho City Council decided that with ouch tes timony there could be no conviction, and, desirous that the "city be put to no further costs, instructed Mayor F. T. Kane jtq have the case dismissed at the city's expense. Saturday night, bills aggregate lng J20S were ordered paid. The higher court costs were S133. and $75 were the costs in the lower court. The Council voted Saturday evening that the ordinance committee draft an ordi nance taxing all business houses and pro fessions and everything allowed by the charter, In order that more revenue may be raised to pay the city's expensca. McHlnni-ille Xotes. M'MIXNVILLE. Or., April 16. Judge R. P. Boise opened Circuit Court in depart ment Xo. 2 today, disposing of a few cases. The city is in a flurry again over the report that gold has been discovered in tho mountains of this county. The majority of citizens take no stock in the matter, as does the correspondent who is investigat ing. The Sheriff of this county last week gave notice through the county news papers that bicyclists should pay their tax. and the money Is coming in somewhat faster as a result. The Democratic nominating county con vention will be held in this city April 28, with primaries the 21st. ' -Washington County Taxes. HILLSBORO, Or.. April lt-Sherlff Bradford last Saturday filed b's bond In the sum of 20.000 as ex-offlclo tax collect or for Washington County, and the Com missioners have directed the warrant is sued for opening the tax roll for the 1K assessment. The collection of taxes commenced this morning. Exclusive of special school and city tax, the roll amounts to $78,517 04, viz.: County general fund 340.609 S3 State tax 20.715 72 School, common fund 1S,U 03 State coyote fund ' 822 05 Indigent soldiers' SZS 52 In Tamhtll County. M'MINNVILLE. Or.. April It Further Information as to the condition of fruit as the result of the fro-t which fell about a week ago is at hand. In some parts of the county there was some damage to prunes. In most cases there will be a heavy crop, if there are no other unfavor able conditions. Dr. G. S. Wright sayo that the trees in his large prune orchard are heavily overloaded. Pear and apple trees are literally covered with bloom in all sections of the county. " i In Clackamas County. MILWATJKIE. Or.. April It The pros pect is better than it has been for some time for a large crop of Petite prunes. They have stood the last few frosts and cold rain well. The Italian prunes have suffered severely. The cold rains came when they were in bloom during the early part of the month, eo that fructification was almost Impossible. The frost Sunday morning was very Injurious. Fall-sown grain Is looking excellent. Some wheat Is now two feet high. Forty-three Days From Nome. SEATTLE, April It Rev. Loyal LWirt, Superintendent of the Congregational Church In Alaska and of St. Bernard Mis sion at Nome City, arrived here yester day. 43 days from Nome. He came over land. vlaKatmal. His purpose In coming out is to raise funds for his hospital. He reports the camp fairly healthy. i NORTHWEST DEAD. S J. M. DUIard. ROSEBURG, Or.. April It J. M. Dll lard. aged 55, a pioneer of the TJmpo.ua Valley, died at his home in Dlllard this morning. Ho had been In poor health for some time, Wednesday he was stricken with paralysis, which finally caused his death. He left a widow, two daughters and two sons. Interment will be tomor row under the auspices of Roeeburg lodge. A. O. TJ. TV- MI Mary Campbell. VANCOUVER. Wash., April It Miss Mary Campbell, daughter of. David Camp bell and wife, of Washougal. Wash., who had been attending school here for the past two years, died at St. Joseph's hos pital yesterday morning at the age of 13 years. The remains were taken to Wash ougal today. Brief funeral services were held at the Washougal Church, the Rev. Mr. Baker officiating. Oregon Notes. Heppner Is building a two-mile bicycle path. At Lostlne a mill man advertises, "com rnon rough lumber at 15 50 per M." A public park is the next improvement, that Is- spoken of for Baker City. A Coos Bay mill has a million feet of lumber on its wharf, awaiting shipment. D. B. HInton ("Uncle Ben"), an Oregon pioneer, died in Crook County the 4th Inst., at the age of GO. An Albany man. whose son is a eornetist, but lost his hand, has had a left-handed cornet made for in boy. Joseph F. Smith, a well-known citizen of Wallowa County, died at Enterprise recently. He was a Mason and a veteran or the civil war. The nominee of the Wasco Democrats for County Treasurer was omitted from the ticket sent to The Cregonian. John F. Hampshire is the nominee. The Eugene Guard sajs tne Danish col ony for Lane County will comprise be tween 200 and 300 families, and that they will occupy from 5000 to 10,000 acres of land. The colonists will begin to arrive after May 1. A burning question in Albany Is whether an ex-poundmaster is keeping his two dogs with one license. The present pound master says his distinguished predecessor Is running a "thimble game" on him. by claiming that his license receipt Is for the dog that gets Into the pound. OREGON SUPREME COURT JEMTIE SMITSON SvTXS HER f 10,000 DAMAGE SUIT. ( Sued the Southern Pacific for Los of Limbs by Falling; From a Train at Springfield. SALEM. Or.. April it Opinions were handed down in the State Supreme Court today as follows: .. Jennie Smltson. respondent, vs. the Southern Pacific Company, appellant, from Lane County. J. C. Fullerton. ludge. af firmed. Opinion by Moore, J This was an action to recovei damages for personal injuries. It was alleged in the complaint. In substance, that on July 29, 1S37, plaintiff was a passenger on defendant's train from Coburg to Spring field, Or., and as th train approached ms. JANE MUNKERS McDONALD. OREGON PIONEER. OF 184(5 DEAD. SALEM, April It Mrs. Jane Munktrs McDonald, wbo died at Sclo Saturday, at the are of 70 years, was a pioneer of 1JH5. She was born la Andrew County, Missouri. In 1821. and was a daughter of Benjamin Hunkers, an Oregon pioneer, who was well known in the early history of this state, and whose descendants are now scattered to almost all sections ot the Paelfic Coast. In l&S Jane Hunkers nas married to Nathaniel Green McDonald, who preceded his wife to the grave about a year ago. In 1M3 the Hunkers and McDonald families crossed the plains to Oregon, settling In Clackamas County about 20 miles east of Oregon City. At the outbreak ot the CJayuse war McDonald enlisted, leaving his wife and tno children alone In their cabin In the wilderness. Raving been wounded by being shot through the body, be returned homeland soon afterward started to California. Owing to poor health, the party stopped on the North Santlam. and, belnr pleased with the country, took up i donation land claim, which has since been the family home. At that time there were not more than half a dozen settlers In Linn County. McDonald built and operated the first saw mill on the Santlam River. 'The deceased left six children, three sons and three daughters. They are Alexander, Ben jamin and William McDonald. Mrs. Virginia XcKnlght, Mrs. Minnie Jones and Mrs. Jane Miller: She left 35 grandchildren, of whom Hon. Jefferson Myers, ot Salem. Is the eldest. She also left five creat-grandchlldren. She. was as earnest member of the Baptist Church, and held a high plac tn the esteem ef those lj whom-she was-best known. The remains were rrlv en interment In the Masonic Cemetery at Sclo, where the. remains of her husband were burled a year ago. the latter station, about 9 o'clock P. M.. the signal whistle was given, the speed gradually slackened and the train stopped about 125 feet from the platform ot the station: that the night being dark, the brakeman lnvltsd plaintiff to alight, whereupon she arose and with his knowl edge followed him to the front platform ot the car, while tho train remained sta tionary, and believing that the train had reached the station, plaintiff, with the brakeman'e knowledge, commenced to de scend the car steps without being no tified that the train had not reached the station or warned that It was dangerous to alight, and while so descending tho steps, the train was. suddenly started with a Jerk, causing the plaintiff to fall be neath the car, which ran over her legs, crushing them and necessitating the:r amputation. The answer denied the charge of negligence, and alleged that plaintiff recklessly started out of the coach in which she was riding, to ths front platform and down the steps of tho car while the train was moving, and be fore It reached the station, and sustained the Injury of which she complains In con sequence qf her own carelessness. The allegations of new matter in the answer having been denied In the reply, a trial was had. resulting in a judgment for the plaintiff in the sum of $10,000. The de fendant appealed. In the Supreme Court a. large number of questions' were presented, and these, arc all minutely analyzed In the opinion. In all cases It Is held that there was no prejudicial error In the court below. Among the rules .of law laid down in this decision are the following: "A motion for a judgment of nonsuit is in the nature ot a demurrer to the evi dence. In the disposal of which all testi mony produced by plaintiff Is to be re garded as true, together with every In tendment and reasonable Inference which can arise thereon, and when so considered, if a difference of opinion mar exist as to the conclusions ot fact deduclble there from, the issue should be submitted to tho jury for their determination, it be ing sufficient If the evidence offered tends to support the action, even though re motely. "A passenger, having reached his des tination, is entitled to reasonable time and opportunity to leave the conveyance that has transported him. and if such vehicle is suddenly started while he la In the act ot alighting, and he sustains injury fciicixujr, ihc c&rricr -a responsible for the negligence which produced the hurt. . ... When a station Is called, the passengers have the tight to Infer that the first stop will bo at such station. "Alleged declarations of a witness made out of court, which are Inconsistent wl.b the testimony given by him at the trial, are Inadmissible as substantive evidence "The weight of Judicial author.ty sup ports the rule that where a person haa sustained a bodily injury in consequence of the negligence of a party, the future mental suffering necessarily to be en dured, constitutes an element of damages. "It the signal whistle was given, the station announced in the car in which she was riding, and the train stopped beforo reaching the depot, or was moving so slowly that It appeared, in the car, to plaintiff as a reasonably prudent person, to be stationary, and If the brakeman then offered to assist her to alight, in pur suance of which she arose and followed him. and he (opened and held the car doot back while she passed to the platform, and if he stood thereon with his sldo to ward her while she descended the car steps, after receiving no response to her request to take her valise, uiid. the night being dark. If the station lamp was unlit so that plaintiff could not 'observe that the train was moving, and If the brake- .man did not warn her of the danger, she was warranted in believing that the train had stopped." 3. A. Hughes et aL. appellants, vs. Linn County, Oregon, et a., respondents, from Linn County. H. H. Hewitt, judge, re versed. Opinion by Bean, J. This Is a suit to enjoin the sale of certain real property belonging to the plaintiff, for taxes assesatd against a former owner. In 1383 tne property Id question was owned by and assessed to D. B. Montelth, who. thereafter, conveyed It to the plaintiffs, in payment and sat-sfac tlon of a mortgage. In 1837, the taxes for 1S55 not having ben paid, the Sheriff of Linn County levied upon the property and advertised it for sale, when plain tiffs brought this suit, on the ground that the process under which he was proceed ing was void. It was tried upon a de murrer to the answer, from which it ap pears that In February. 1SX, the assess ment roll for the year 1SS5 was delivered, to the sheriff, with the usual warrant' at tached. authorizing and d-rectlng him to proceed to collect- the taxes charged there on. On June 20, he made a return of ths delinquent taxes fo the Comity Court, as prescribed by' law, with an affidavit at tached thereto as follows: "State of Ore gon. County of Linn, is. I, J. A. McFeron, Sheriff of Linn County, Oregon, being first duly sworn, say that the foregoing statement is correct; that the sum ot taxes for tne year 188S returned as un paid are unpaid. (Signed) J. A. McFeron Sheriff of Linn County, Oregon. Sub scribed and sworn to," etc. On July 10. 1SS6. the County Clerk made a list ot the taxes returned as unpaid from the de linquent taxroU. as required by statute, and delivered the same to the sheriff, with a warrant attached, commanding him to levy upon'the goods and chattels ot such delinquent taxpayers, or. If none be found, upon the teal property set forth in the delinquent list, or so much thereof as would satisfy the amount of taxes, with costs, etc On the lllh of June. 1S37, the Sheriff returned such delinquent list and warrant, with the following affidavit attached: 'State of Oregon, County of Linn. is. I, M. C. Gains. Sheriff of Linn County. Oregon, being first duly sworn. says that the foregoing statement Is cor rect; that the sum ot taxes In the an nexed delinquent list of taxes for the year IKS returned are unpaid. (Signed) M. C. Gains, Sheriff of Linn County. Ore gon. Subscribed and sworn to," etc Im mediately thereafter the County Clerk prepared a list and roll of the taxes then remaining unpaid for the year 1S05. includ ing those asressed against Montelth on account of the real property in question and, on September 9, 1837. the Count Clerk made and entered the following order: "In the matter of the delinquent taxroll for the year ISM. Linn County. Oregon: Nqw on'this day it Is ordered bV the Countv Court thntMha ei.-i - Linn County, Oregon, proceed to levy and sell all property delinquent for taxes fof the year 1S95, on and after the 30th day ot September, 1S97." The delinquent tax list wac thereafter delivered to the Sheriff. with a certified copy of the order of the County Court attached, together with a warrant, authorising and commanding him t,o proceed to sell the property de scribed in tho roll, or so much thereof, as was necessary to satisfy the amount of taxer so charged, with cos,ts and ex penses thereof, and he was proceeding to execute such warrant when this suit was commenced. Upon the facts, the Court held that the plaintiff was not en titled to the relief demanded, and the appeal. . . The opinion says: "It is well to ob serve at the outset that this is rot a suit to enjoin the cot'cctlon of taxes, nor Is It a controversy between the taxpayer and the county authorities. It Is a suit brought by the owner of real estate to prevent a cloud upon his title by a sale on a void process for taxes assessed against a former owntr: and. therefore. Welch vs. Clatrop County (24 Or.. 152) and, similar decisions holding that a court ot equtly will not Interfere by injunction at the suit of a taxpayer to restrain the col lection of a tax merely because ot an al leged ll'egallty or irregularity" appearing upon the face of the assessment, has no application to the case in hand. This suit comes within the well-reeognUed jurlsd'c tlon ot courts of equity to prevent clouds upon title . . . The contention for pla'ntlffs Is thit the warrant under which the" Sheriff Is threat ening to sell their property Is void, be cause the affidavit of June 30. 1SS6. at tached to th return of del nqucnt taxes, falls to show that the Sheriff had not. Upon diligent Inquiry, been able to discov er iuiy uuua wr caatieis. Belonging io Aion teith, upan wh'ch ,o levy." After quoting and d'scussing s-ct'ons 27T4 ard 2S03 to 2S'8 of the code, the opin ion concludes: "The fa'lure cf thi Sheriff to make and attach to hlo return of de linquent taxes the affidavit icqulred by section 2S11 renders the warrant subse mientlv !., vnM ci f-p nw. It nmM.-n. him to levy upon and sell the real estate." PtH ...... A W. , . a . xuc i,kc ui me tuwer cuurc is reverseu, and a decree entered In favor of. the plaintiffs. N. L. Herschberger, appellant, vs. A. J. Johnson, as Sheriff of Lane County, et RHEUMATISM Is dne to an add poison which gains weans to carry off and keep the system solvent, purifying properties, attacks the disease in the right way. and in the right place the blood and quickly neutralize the acid and dissolves all poisonous deposits, stimulates and reinforces the overworked, worn-out organs, and clears the system of all unhealthy accumulations, a. o. a- cures permanently ana yiorougmy, ana eeps the blood in a pure, healthy state. Mr. I. O. Mailer. i W. itth Street. Indianapolis. Ind for eighteen months was so terribly afflicted with Rheumatism he was unable to feed or dress tried d fifty-two prescriptions that friends had gireu him, witbontthe slightest relief. A fewbottleaef . S. cured him permanently, and he has never had a rheumatic pain since. This was fire years as. S. S We will send free our special book of every sufferer from this torturing disease. Our physicians have made blood and skin diseases a life stndv. and will iriveYOtt any information or advice wanted, so write them fully and freely about your case. We make no charge whatever for this service. Address, SWIFT SPECIFIC CO., Atlanta, Ca- ah. respondents, from Lane County; J. C Fullerton. Judge; reversed. Opinion by TVolverton, C J. Tho opinion says: ' "This Is a suit to enjoin the Sheriff ot Lane County from taklrg certain personal property, conslst'ng of a boiler, engine and sawm'll complete, with belts, saws, pulleys, shafting, and all other appliances, machinery, to Is, etc. attached thereto, or In any wise appertaining or belonging to ca'd boiler, engine or sawmill, from the pcsste.'Ion of plaintiff. The injunction being dissolved and complaint dismissed, the plaintiff appeals. "The defendants claim ownership under a Sheriff's sale. In pursuance ot an exe cut'o , Issued out of the1 Circuit Court In a case wherein J. TV. Cr'der was plaintiff and Levi P. Herschberger was defendant. The property had previously been attached In said action as real estate, on April 5. 197, judgment and an order of sale hating been given and entered meanwhile. The plaintiff claims ownership under, a Constable's sa'e by virtue of an execu tion." Issued out of a Jus Ice's Court in a case wherein one S. A. Stavcr was plain tiff and Levi P. Herschberger, J. A. Yoder and J. D. Mishler were defendants. The cxe:ut'on was levied March 15. U37 and sale made April 27 following. On the day of tjie levy of the execution in that case, a writ of attachment was issued out of the Justice's Court in another case, wherein Mitchell. Lewis & Staver Com pany was plaintiff, ard LelP. Hersch berger and J. D. Mishler were defendants, and the same property attached. Judg ment was entered In the latter cas6 March 23, 1S97, where'n th attached property was ordered sold, execution was hsued In this case April 15th, and a sale had of the attached property at the same time as under the previous execution. Tho plaintiff's predecessor became the pur chaser under both these executions. In the levy the property was treated as per sonalty, and was sold and purchased as such at the execution sales. The liens acquired under the Justice's writs ante date the attachment in the case of Crider vs. Levi P. Herschberger, and the pivotal question presented is whether the "proper ty is personalty or real estate. It the former, the plaintiff haa acquired the prior title; otherwise, not "The boiler, engine, and sawmill, with the belts, etc, attached, are situated upon leased land, and were placed thereon by Levi P. Herschberger, under an express agreement with the owners of the land couched in the lease, to the effect that they should not become a part of the realty. Of this condition, the defendants, or at least one of them, had notice, as they set for'h the alleged fact in thelt answer, which would indicate' as much. The rule is now well established that when things personal In their character are about to bq annexed to realty, parties may In anticipation of such annexation by express agreement, provide that such chattel shall retain their character and status as personalty, and. If they do not by their annexation lose their distinctive Identity, and thereby become so essential ly a part of the realty that their removal will materially Injure or destroy the real ty, or destroy or unnecessarily Impair the value ot the chattels, their original char acter will be preserved by the agreement Such Is the effect of the decision of this court. "We only know from a general descrip tion bt the property what its character Is, but from this It Is apparent that it is ot such a nature as to admit of an agree ment to preserve Its original identity, al though it may hate been attached to the sqil for the purpose of Its operation and use. "This being the only question involved, in the view we havo taken of the contro versy, the decree of the court below will be reversed, and one here entered making the injunction perpetual." J. F. Anderson, respondent, vs. the Port land Flouring Mills Company; appellant, from Clackamas County. T. A. McBrlde, Judge: affirmed. Opinion by Bean, J. The defendant Is a corporation, engaged in the business ot buying, selling and storing wheat and manufacturing flour at Oregon City. During the years 1S31, 1Q2 and 1S33, John Gash. George Anderson, TVilUam McAllister. R. T. McNlchols. J. P. Frlzzell. and the plaintiff, severally de livered wheat to W. E. Loughmlller & Co.. at Switzerland, and other stations on the Woodburn branch of the Southern Pa cific Railway, amounting In the aggre gate to 4250 bushels, which, by permission of the owners, was shipped to the defend ant at Oregon City, for storage In its warehouse. Loughmlller & Co. subse quently fallen, and being unable to replace the wheat, or pay therefor, the claims of the respective parties were assigned to the plaintiff, who commenced this action to recover its value, on the theory that Loughmlller & Co. in receiving and ship ping the wheat, were acting for and as the agents of the defendant, and it is, therefore. liable tor their contracts. The trial resulted in a judgment far tho plain tiff, and the defendant appealed, assign ing as error the admission of certain testi mony and the overruling of Its motion tor nonsuit . . . Plaintiff Introduced In evi dence five warehouse receipts. . . . and was permitted 'over defendant's objections and exception to give evidence aliunde the receipts, tending to prove that Loughmlller & Co., in elgnng and Issuing them, wero acting as tne agents ot defendant, and that such receipts were. In fact, the con tracts of the defendant. Tho contention of defendant was that since warehouse receipts In this state are made negotiable by statute, the rule of law that the liability of a party upon a negotiable Instrument must be established by tho terms of tho writing itself, and cannot be, shown by evidence aliunde, is applicable to such receipts. Upon this point tho court sajs: "This rule is. in our opinion, confined to commercial contracts, which represent and in a measure pass as money, such as bills of exchange and promissory notes. Parol evidence Is not admissible to charge an unnamed principal or such an Instru ment . . . But the statute does not give to such (warehouse) receipts all the attributes of negotiable paper. ... It Is In no sense a negotiable instrument 'under the law merchant . . . and such evi dence (parol) is admissible to show that, although executed by and In the name of an agent it is, in fact tho contract ot the principal, and he is bound thereby." The court also holds that the motion tor nonsuit was properly overruled, and that parol evldonce Is competent to show thar wheat for which load checks were given access to the blood through failure of the proper clear of all morbid, effete matter. This orison inrouga ujc general cutuauou is acposiicu in iiic joints, muscles ana nerves, causing tne xnos. intense pain. Bhrumatisnj may attack with such suddenness and severity as to make within a few days a healthy, active person helpless, and bed-ridden, with distorted limbs and shattered nerves ; or it may be slow in developing, with slight wandering pains, just severe enough to make one feel uncomfortable ; the tea dency tn such cases u to grow worse, and finally become chronic. , Like other bload diseases, Rheumatism is often inherited, and exposure to damp or cold, want of proper food, insufficient clothing, or anything calculated to impair the health, will frequently cause it to develop in early life, but more often not until middle age or later. In whatever form, whether acute or chrornc; rXri, Rkmmmmtimm Is Strictly a Blood Qiase, and no liniment or other external treatment can reach the trouble. Neither do the preparations of potash and mercury, and 'the various mineral salts, which the doctors always prescribe, cure Rheumatism, but ruin the digestion and break down the constitution. A remedy which builds up the general health and at the same time rids the system of the poison ia the only safe and certain cure for Rheumatism. S. S. S.. made of roots, herbs and barks of wonderful himself. Doctors said his case was hopeless. He on Rheumatism, which slould be in the hands was in fact delivered and received under the same contract as the other wheat I The following minor orders wero made: A, A. Kadderly, appellant vs. William Frazler et al., respondents; ordered on application of appellant and consent ot respondents, that said appellant have un til October L 1900, to serve and file his brief. R. Kerslake et at. respondents, vs. Brower & Thompson Lumber Company, respondents, and the Latoureil Falls Wagon Road & Lumbering Company et at., -appellants; it Is ordered on stipulation that respondents, George, Gregory & Dunl way, have until May 10, 1900, to serve and file their brief in answer to appellants and In support of their cross-appeal. Charles Altschul, appellant vs. Emmett Clark, respondent: ordered on stipulation that appellant have until May 7, 1900, to file the transcript ot the cause, and it U further ordered that when filed at Pendle ton, the cause shall bo transferred to Salem for trial. Pacific Export Lumbering Company, re spondent vs. Prescott, Venes & Co.. ap pellants: ordered on stipulation that ap pellants' time to serve and file their brief herein be extended to May 15. 1900. State, ex re-. Hammer, respondent, vs. F. O. Downing, appellant; ordered on stip ulation that appellant's time to serve and file his brief be" extended to May L 1900. Theo. A. Garbade. respondent vs. Larch Mountain Investment Company, appellant; ordered that respondent have until May 15. 1900, to serve and file his brief. Ordered that William Carlton Chase, a licensed attorney of this court, be perma nently admitted; on motion of A. J. Sher wood. Mary E. Qulnn. appellant vs. Caroline A. Ladd, et al., respondents; ordered on motion that appellants' time to file a oe tltlon for rehearing be further extended 20 days. Portland Trust Company, respondent, vs. J. C Hubbard et ah, appellants; argued and submitted on motion to modify the decree herein. COURT AT OREGON CITY. Decision In An Overflowed Land Salt Othec. Cases. OREGON CITY. Or., April IS. In the Circuit Court today. Judge McBrlde hand ed down a decision in the suit of S. Kllnger, of Portland, against George Saum, a eawmlll proprietor near Staf ford. Saum has maintained a dam to ele vate water power for hia mill for the past 15 years that caused some contiguous land In the neighborhood to be overflowed by reason of back water a greater portion ot the time, he having an amicable under standing with the owner ot the laud. The original owner of the overflowed land sold the same to Mr. Kllnger, who at once began suit to estop Mr. Saum from main, talnlng his dam to the Injury of the land In question, claiming that defendant had entered into an agreement with the former owner to remove the obstruction. Mr. Saum denied these allegations, and the court handed down a decision in his favor. For a number of years, "Henry Thiessen and T. R. Worthington have been lawing over a narrow strip of land between the boundaries ef two tracts In Mllwaukie precinct, but the matter was finally set tled today by a decree In favor of Plain tiff Thiesee-n, who Is awarded the disputed premises. At the beginning. Thiessen was the winner In a suit at law over the dis puted strip, but a new trial was granted on a technicality-, and the jury brought in a verdict In favor of Worthington. This time a suit was brought in equity to set tle tho matter, with the result of a, ver dlst In favor yof Plaintiff Thiessen. In tho damage suit ot Henry Nute, of Portland, against Noblltts, on account ot the Wllholt stage accident nearly two years ago. a motion for a new trial was overruled. The suits of Akin, Selling & Co. vs. E. M. Hartman. the City of Port land vs. C W. Ganong. and the Portland General Electric Company vs. H. J. Ship ley were ordered stricken from tho docket The divorce suits of Wa"er vs. Elizabeth Noblltt and Flllrplna vs. Frank Sweitzcr were dismissed, and default was entered in the case ot Ida B. vs. Elmer C Thomas. A demurrer against the charge of prac ticing medicine without a license, entered against A. W. Hertzka, a Christian Sci ence healer of Portland, will be argued In the morning. County Judge Ryan today granted an or der on the petition of Hiram Straight, ex ecutor of the estate of Hiram A. Straight, deceased, to settle a claim against H. M. Cake, trustee, amounting to tll.000. with accumulated costs and interest for $10,000. Study HHVHBft of heart (Fig. 4), impaired digestion and loss of appetite (Fig. 5), weak ness of limbs (Fig. 6). Again, we have impaired memory, trembling, tendency to faint, lack of energy and general weakness as prominent symptoms of nerve weakness or nervous exhaustion. Men and Women Advised Free Wntc ; YAN will prevent it HUDYAN will promptly overcome all the above symptoms. HUDYAN will correct constlpaUon. HTJDTAN win promote natural sleep sleep that gives health and strength. HTJDTAN Is for sale by drugglstsjEO cents a package, or six packages for &50. If your druggist does not keep HUDTAN send direct to HUDYAJN REMEDY CO., Co" 8tonrccto,,,cai.E,lu "" Consult Free Consult. Free, the, Hudynn Doctors, Write to te Distorts Muscles, Setters Nerves. SWlcns Joints. sss had The estate has a foreclosure suit in the Circuit Court against Cake, aa trustee, on 1,0 acres of land north of the city, over which there has been considerable litiga tion. This order for a compromise wil stop litigation and enable the executor to settle up the estate. Fishermen along the rher made light hauls yesterday afternoon and last night, and report Chinook salmon ae very scarce. Fishermen are considerably discouraged over the. outlook, although salmon are bringing a good price. The funeral of the late George D. TVar ner was largely attended th afternoon, many relatt.es and friends from Portland being in attendance? The services at the family residence were conducted by Rev. P. K. Hammond, rector of St. Paul's Epis copal Church, who abo officiated at the opening and closing exercises at the grav a in the Masonic Cemetery The Impresatva burial sen ice of the Native Sons of Ore gon was here conducted by President R. C. Ganong, assisted by Past President Robert A. Miller, of McLoughUn cabin. No. 4. The pall-bearers were Gilbert L. Hedges, Llvy Stlpp. W. H. Howell. J. TV. Cole, Henry Meldrum and K. H. Gabbert Many elaborate, tasty floral offerings were in evidence. The fire department and Cat aract lodge. Knights of Pythias, each at tended tho funeral services in a body. Deet-Pulp Deef. La Grande Observer. The problem Is now solved, and actual feeding cost has demonstrated that beet pulp will not only be eaten by cattle, but that It makes most excellent beef. Messrs. Patterson &: Armstrong began the ex periment last Fall by putting 6 range cattle on a pulp diet and hay. The cat tle ate and thrived, enabling them to market 500 head of primo beet steers, and had the supply of pulp held out a little longer the whole lot would have been roll ing in fat The 175 not ready for market when the pulp gave out will be grazed un til Fall and again be fed on pulp. The same company will feed a large number of steers next Fall, enough to consume the entireoutput of pulp. Potatq-plantlng near Ellensburg is under full way, and the acreage promises to be very large this season. SPRING -TIME DELUSIONS FACT v. CONJECTURE. A Few Valuable Hints. to Those Who Are QulcU to Take Advantage of Timely Suggestions. Just now the advertising space of the ayerage newspaper is filled with adver tisements of Springtime medicines, blood purifiers, etc TVhcn It is understood as a scientific truth that the kidneys, liver and lunga are the only blood purifiers of tho human body, much disappointment and money will be sacd. Dizziness, pal pitation, languid feelings, headache, back ache, etc. are caused by the sjstem being poisoned by uric acid, which tho kidneys, through overwprk or weakness, do not eliminate. The troubles mentioned are but symptoms. The cause Hei deeper. Put the kidneys and liver In working or der, with that vegetable specific, TVarners Safe Cure, and the symptoms and attend ant troubles will disappear. With tho system In first-class condition and tho great organs of life doing the work nature Intended them to do. most diseases are thrown off. It Is the weakened, debili tated poisoned body which falls on easy prey to chills, fevers, pneumonia, con sumption. Bright's disease and death. No man or woman can afford to be laid up with a severe Illness. It Is the part ot wisdom to keep well. Miss Florence Buf fum, secretary of the Ishwara Theosophl cal Society, of Mno;arolls, understand this perfectly, and under date of January 21 last writes: "I have found Warner's Safe Cure of high value. It greatly as sists a worn-out system to perform Its duties, and whenever any of my friends become languid or pale and full of pains. I advise them to try Warner's Safe Cure, feeling assured that they will be satisfied with the result." Miss Buffum's experi ence can be yours. Will you not also en Joy. It? These Numbers There are many people, women and men, who suffer from nervous disorders, and who are misled as to the true nature of the malady on account of the complex symptoms. When the nervous system is at fault, symptoms arise that 'are entirely remote from the seat of thejdisorder, and this is why people will doctor for stom ach trouble, heart trouble and other dis orders when in reality h. is the nerves alone that are at fault This diagram will serve to teach you your exact con dition if your nerves are at fault A prominent symptom is headache or dizzi ness (Fig. i). The headache may be throbbing or dull. Other symptoms are hollow eyes (Fig. 2), pale or sallow com plexion (Fig. 3). palpitation or flutterine HUDYAN is a positive and permanent cure for all nervous 'disorders. HUDYAN will strengthen the nerves. HUDYAN will invigorate the entire system. Complete nervous prostration is most serious. HUD- SJ J. w wL.5i.ies.3Gb4 ,: hafess T&S(&U.iuMM&&.. .iAJtgrt t & X - ft mi .v . 3rafckV