Morning Oregonian., April 28, 1900, Page 8, Image 8

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THE MORNING OREGONIAN, SATURDAY, APRIL. 28, 1900.
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SETTLERS WIN THEIR CASE
JUDGE BELLINGER'S DECISION IX
RAILROAD SUIT.
Title to Land Acquired Front Ore
son Jk California Road Secure
to Tfnl Side Settler.
Judge Bellinger, In the United Statu
Circuit Court, yesterday rendered a de
cision In the important case of the United
States vs. the Oregon & California Rail
road Company. Tho suit Involves tho title
of some 30 settlers to claims which, -with
the improvements thereon, aggregate In
value about J100.000. and on which these
settlers have bod their homes all the way
from eight to 12 years. The suit was
really in the Interests of the settlers.
which arc Identical with those of the
United States, and the decision being in
their favor, will bring Joy to a large
number. The six suits combined In the
complaint were In different stages of
progress, but the decision practically set
tles them all. The case was argued May
15, IKS, by an array of legal talent. United
States Attorney John li. Hall appearing
for the Government. W. IV. Thayer and
Charles J. Schnabel for the homestead
and pre-emption claimants, and W. F.
Herrin, general counsel for the Southern
Pacific Company: AV. D. Fenton and "Will
iam Singer, an ex-land office official, for
the defendant. Following Is Judge Bel
linger's decision:
These are suits to cancel patents Is
sued by the United States to the defend
ant company, conveying the title to cer
tain odd sections of land within the In
demnity limits of the land grants made
by Congress to aid In the construction of
the defendant's railroad from Portland
to the southern boundary of Oregon, and
of Its road from Portland, on tho west
side of the Willamette River, to the town
of McMlnnvllle, in this state.
The questions to be determined arise
under two acts of Congress granting land
to aid In the. construction of said rail
roads, one of July 23, 1SG6 (14 Stats, at
Large. 233), known as the "East Side
grant," and the other of May 4, 1ST0 (16
Slats, at Large, S), known as the "West
Side grant."
Section 2 of the act of July 25, 1S6S, pro
vides: "That there be', and hereby is,
granted . . . every alternate section of
public land, not mineral, designated by
odd numbers, to the amount of 20 alter
nate sections per mile (10 on each side)
of said railroad line, and when any of
said alternate sections or parts of sec
tions shall be found to have been granted,
sold, reserved, occupied by homestead
settlers, prc-ompted or otherwise disposed
of, other lends designated as aforesaid
shall be selected by said companies in lieu
thereof, under the direction of the Sec
retary of the Interior. In alternate sec
tions designated by odd numbers as afore
said, nearest to and not more than 18
miles beyond the limits of said first
named alternate sections, and as soon as
said companies, or cither of them, shall
tile In the ofllce"br the Secretary of the
Interior a map of the survey of said
railroad or any portion thereof, not less
than CO continuous miles from cither ter
minus, the Secretary of tho Interior shall
withdraw from sale public lands herein
granted on each side or said railroad,
bo far as located, and within the limits
before specified."
The act of May 1, 1S70, after making
grant of lands within the primary limits
of the road, provides as follows: "And
In case the quantity of 10 full sections
per mile cannot be found on each side ot
said road, within the said limits of 20
miles, other lands, designated as afore
said, shall be selected under the direction
of the Secretary of the Interior on cither
side of any part of said road nearest to
and not more than 25 miles from the
track of said road, to make up such
deficiency."
The suit Is brought by tho United States
, 'for tho benefit of some 30 pre-emption and
homestead claimants who settled upon
the lands in question after the defend-"-
ant's map of survey or definite location
ot Its railroad was filed with and ac
cepted by the Secretary of the Interior,
and after the railroad .had been con
structed, and accepted by the United
States, but before the company filed Its
lists of selections in the local land office.
Those who had thus made settlement upon
these lands were In actual occupation ot
the same at the time tho defendant's
selections thereof were filed and approved
for patenting: and after such selections
had been filed and approved for patent
ing by the land office, but within 90 days
of the filing of the official plat of survey
of the lands, the settlers applied to file
pre-emption and homestead claims there
for. But regardless of these claims, the
Government Issued Its patents to the rail
road company. Some of these settlements
were begun as early as 1S33. and nearly
one-half of the claimants have been In
possession of their respective trarts more
than 20 years. All have made Improve
ments, the amount of which in some cases
Is of the agreed value of $3009.
There 1 a well-established distinction
between "granted lands" and "Indemnity
lands" In the construction of land grants
In aid of railroads, and the principle Is
firmly established that the title to lands
In the Indemnity class does- not vest In tho
railroad company for the benefit of which
they are contingently granted, but In the
fullest legal sense remains in the United
States, until they are actually selected
and set apart under the direction of the
Secretary of the Interior specifically for
Indemnity purposes. Until such time the
title remains In the Government, subject
to Its disposal at Its pleasure. Grlnnell vs.
R. R. Co.. 103 U. a 733: St. Paul. etc..
Rallrosfd vs. "Winona & St Peter Rall
, road, 112 U. S. 720: Kansas Pacific Rail
road vs. Atchison Railroad. 112 U. S. 414:
Cedar Rapids & Missouri River Railroad
vs. Herring. 110 U. S. 27: Barney vs.
"Winona & St. Peter Railroad. 117 U. S.
22S: Sioux City, etc.. Railroad vs. Chicago.
Milwaukee, etc.. Railway. 117 .U. S. 406;
United States vs. Missouri. Kansas &
Texas Railway Company, HI U. S. 374.
The defendant undertakes to distinguish
this case from those cited, upon the
authority of the case of St. Paul & Pa
cific Railroad Company vs. Northern Pa
cific Railroad Company. 139 U. S. 1. That
was a case of contest between two rall
toad companies, and It was held that the
exception In the grant to the Northern
Pacific Railroad Company of all subse
quent grants prior to the definite location
of Its road was not Intended to cover
other grants for the construction of roads
of a similar character. And In that con
np"t'on tvc "'- says il.::o wzs no oc
casion for the exercise of the. judgment
of the Secretary of the Interior In select
ing Indemnity lands, as all the lands with
in the indemnity limits only made up In
part for the deficiency. The distinction
which Is sought to be established Is based
upon this conclusion ot tho court, that
there was no occasion In that case for the
exercise of the Judgment of the Secretary
of the Interior in selecting indemnity
lands, and upon the application made of
this case In the late case of Southern
Pacific vs. Groeck. 87 Federal, 970. In the
case last referred to the company had
accepted the terms of the grant and fixed
the general route of Its road as con
templated by the act. and filed a map
thereof In the office of the Commissioner
of the General Land Office, which hid
been approved, and in pursuance of which
the Secretary of the Interior withdrew
the odd sections of land. Including the
land In controversy,, from sale or loca
tion, pre-emption or homestead entry.
Thereafter the Secretary revoked the or
der of withdrawal, which order of re
vocation was subsequently suspended. The
defendant's title was Initiated and was
procured at the time the lands had been
restored by the setting aside of the order
of withdrawal. The court was of the
opinion that the subsequent cancellation
of tho order of withdrawal did not au
thorize the defendant's pre-emption,
which was nevertheless In violation ot
law and right. But the court furthet
held that. In the case of such a. grant as
that under consideration, the terms of the
grant Itself operated to withdraw the In
demnity kinds from settlement from the
moment when a map of the general route
of the road was made and filed. In sup
port of the conclusion reached, the court
also cited the case of St. Paul Railroad
Company vs. Winona Railroad, 112 U. S.
720. That was also & case of conflict be
tween two railroad grants which over
lapped, and. so far from holding that se
lection was not necessary. It was held, as
In the cases above cited, that In case of
lieu lands neither priority ot grant, nor
priority of location, jr priority of con
struction, gives -priority of right; but that
this Is determined by priority of selection
when. the selection is made according to
law.
I do not think that the court intended.
in the case of the Southern Paclijc Rail
road vs. Groeck. to establish a new rulo
for cases of this kind, based upon a dis
tinction between cases "where all ths
lands within the indemnity limits do not
more, than make up for the deficiency In
tho primary grant, and cases where the
lands within the Indemnity limits are
more than enough for such deficiency.
It has been the uniform policy of the
Government to permit settlement upon
Indemnity lands lands contingently grant,
ed to old in the construction of rail
roads; and this pollcy'has been extended
'to lands within the primary limits of
such grants, by an act passed In 1876 (11
Stat, at Large. 35), which, provides for
confirmation of all homestead and pre
emption entries made In good faith by
actual settlers, upon tracts of not more
than 100 acres within the limits ot any
land grant, prior to the time when no
tice of the withdrawal of lands embraced
In tho grant Is received at the local land
office.
It can make no difference In any case
that It turns out that all the odd-numbered
sections within the indemnity lim
its are not more than Is required to
make up the deficiency In the primary
grant. How Is the fact to be known? It
must be ascertained In some manner.
Some action by the Secretary of the In
terior Is necessary In order to determine
It. and there must be public Information
of the fact when it Is determined, so that
me interested public may be advised. The
only means provided for Is that of selec
tions to be made by the Secretary. In
this connection the opinion of the court
in Wisconsin Central Railroad vs. Price
County. 133 U. S. 436, has direct applica
tion: "lit (the Secretary) was required
to determine, in the first place, whether
there were any deficiencies In the land
granted to the company which were to
be supplied from Indemnity lands; and.
In the second place, whether the particu
lar Indemnity lands selected could be
properly taken, for those deficiencies. In
order to reach a proper conclusion on
these two questions, be had also to in
quire and determine whether any lands In
the place limits had been previously dis
posed of by the Government, or whether
any pre-emption or homestead rights had
attached before the line of the road was
definitely fixed. There could be no In
demnity unless a. loss was established.
. . . Until the selections were approved
there were no selections In fact, only
preliminary proceedings taken, for that:
purpose; -and the Indemnity lands re
mained unaffected In their title. TJntll
then the lands which. might be taken as
Indemnity were Incapable of Identifica
tion; the proposed selections remained the
property of the United States. The Gov
ernment was, indeed, under a promise to
give the company Indemnity lands In lieu
of what might be lost by the causes men
tioned. But such promise passed no title,
and, until It was executed, created no
legal Interest which could be enforced In
the courts."
The words employed in the two grant
ing acts In the cases In question remove
all doubt It there Is otherwise room for
doubt: "And when any of said alternate
sections or parts of sections shall De
found to have been granted, sold, re
served, occupied by homestead settlers,
pre-empted, or otherwise disposed of,
other lands, designated as aforesaid, shall
be selected by said companies in lieu
thereof, under the direction of tho Sec
retary of the Interior," etc Such Is the
language employed In the act of 1S06. That
employed In the act of 1870 Is of like ef
fect: "And In case the quantity or 10 full
sections per mile cannot be found on each
side of said road, within tho said limits
of 20 miles, other lands designated as
aforesaid shall be selected under the di
rection of the Secretary of the Interior "
etc
There Is no room to argue that the Sec
retary is not required by the circum
stances of the case to make selections,
when he Is so required by the mandate ot
the two granting acts. And these "se
lections" aro Indispensable to the opera
tion of the grant within the Indemnity
limits. It does not otherwise attach to
any lands within these limits, and had
not so attached at the date of the home
stead and pre-emption settlements made
by the settlers for whose benefit this
suit is brought
I am ot the opinion that these suits are
properly brought by the United States;
that the contention that when an equita
ble title is claimed by the homesteader
and pre-emptloner. the Government has
no actionable interest cannot be sus
tained. The case of the United States vs. Mis
souri Railway. Ill U. S. 35S. Is decisive
of the question. That was a case In
which the decision of the court was
based upon the conclusion that the pat
ents held for cancellation Included lands
which equitably belonged to bona fide
settlers, whose rights had 'been acquired
under the homestead and pre-emption
laws. As to some of the Interests In that
case, the jurisdiction was maintained on
tho ground that tho United States was
under an obligation to claimants, under'
the homestead and pre-emption laws, to
undo the wrong alleged to have been done
by Its officers In Issuing patents to the
company, and thereby enable- It to prop
erly administer these lands and give clear
title to those whose rights were superior
to those of the railway company. It Is
true that as to some of the lands It ap
peared from the averments of the bill
that the United States had a direct In
terest: but as Just stated, this was, true
as to only a part of the lands In ques
tion. The jurisdiction was maintained In
that case, as It must be In this, upon tho
ground that there existed on the part of
the United States an obligation to Issue
patents to the rightful owners of the lands
In question, and that they could not per
form this obligation until the patents
complained of were annulled. The court
further says that these principles equally
apply where patents have been Issued by
mistake, and they are specially applica
ble where a multiplicity of suits, each one
depending upon the same facts and upon
the same questions of law, can be avoided,
and where a comprehensive decree, cover
ing all contested rights, would accom
plish the substantial ends of Justice.
These considerations have direct applica
tion In the case" on trial. There must be
a decree as prayed for In the bill In
coses 2272. 2273, JTOL In cases 2105. 2122.
the pleas to the bill are overruled, in
case 23S8, the demurrer Is overruled.
STOP JN AT UNION PACIFIC
TICKET OFFICE
No. 138 Third Street,
And see the wonderful moving pictures,
and gaze at the grand scenery on the
lino of. and the flight of "The Overland
Limited" over, the Union Pacific railroad,
which will be shown free.
MUTOSCOPE.
See the handsome ranvlnr n1rfnp nn-v
on exhibition at Union Pacific ticket office.
is Third. Free. ,
Never fall to cure' sick "headache, often
the very first dose. .This Is what, is said
by all who try. Carter's' Little Liver Pills.
Hardman Pianos. Wiley B. Allen Co.
VICTORIA S NEW BISHOP
FATHER ORTH'S SERVICES FOR 2S
TEARS IX OREGOX.
Bnlldlnr Cp of St. Lawrence Parian
His Chief "Work Fine Edu
cator and Priest.
i Father Bertrand Orth's appointment as
jjisnop or Vancouver. B. c, which was
reported the day previous, was confirmed
yesterday by receipt of the apostolic brief.
The reverend gentleman's retiring dispo
sition caused the newi to find public ear
rather slowly. When pressed, however, he
admitted that notification of his appoint
ment' hod come from Rome. The time for
his departure is yet unknown, but will
probably bo set for some date In the near
future. The news falls heavily on St
Lawrence parish, notwithstanding the
pride felt by the parishioners over the pro
motion. Father Orth is a graduate of the Louvaln
University, in Belgium, and was ordained
In the year 1872. In the Fall of the same
year he came to Oregon, his companion
on the Journey to his new field of labor
being Father Verhaag, now pastor at
Baker City. Soon after arriving In Port
land, Father Orth was appointed assist
ant teacher at St Michael's college, then
presided over bv Ttlffht T?ov- T.hAn rsi
leux, of Idaho. After a short term In the
cuiicEe, miner unn was sent to the Uma
tilla Indian reservation, reaching that
tlaCA 111 thA fflll ftf IRTi Am lf,..,a.
and teacher he labored there for two
years, after which he was sent to" Camp
Harney, in what Is now Harney County.
Father Orth serv.t th.r. nti.. .h.,v-
lain of the post, a part of his duties be
ing witn tne Indians on the neighboring
reservations. Alter tne close of the In
dian troubles In thAt nnrt nf ,. v.n.A
and the consequent abandonment of the
iosi ay me uovernmont, ne was appoint
ed by Most. Rev. F. N. Blanchet, then
Archbishop of Oregon City. to
the Canyon City parish, where
ne erected a schoolhouso and
taught the Catholic children of that place
until 1877, when he was recalled to Port
land and appointed assistant to Very Rev.
Father Flercne. V. G., pastor of the old
cathedral, formerly located at Third and
Stark streets. Here he remained until
1JSJ, when he was Instructed, by the Arcn
blshop to establish a new parish in South
Portland, now known as St Lawrence
parish. The work was taken up with char
acteristic energy and within a short time
the pastor of St Lawrence had erected a
church costing 815.000. a residence costing
X3500. And fin nnamhlv.linll ...l .. -ftM
AH these buildings are, finely adapted to
""" uri anu aosoiuteiy out of debt
As a man of executive powers and busi
ness capacity. Father Orth has always
been conspicuous In the Oregon diocese.
He was associated in the work of erecting
tho old Cathedral at Third and Stark,
which was quite an undertaking at that
date. He had general management of the
work of erecting the fine new St Vincent
Hospital, a credit to the city and state.
It was also under his management that
the archieplscopal residence at Sixteenth
and Davis streets was erected and present
ed to the late Archbishop Gross on the oc
casion of the Jubilee celebration 'of his
episcopal consecration. These are some of
the more Important monuments of Father
Orth's efforts in the work of construction,
but not all left In the state of Oregon.
But the reverend gentleman's reputa
tion as the pastor of a parish Is not less
notable throughout the state. St. Law
rence parish, which was created by him
and has been bullded to its present pros
perous state, has a wide reputation for
splendid organization and success. It
numbers over 700 members, and In oncof
the wealthiest and. most Influential par
ishes. In Oregon. The church life of this
parish Is often referred to as a model,
notwithstanding It Is constituted of greatly
differing elements, and the devotion of all
members to their pastor Is remarkable.
Three years ago Father Orth celebrated
the tewnty-fifth Jubilee of his ordination,
when priests from all over Oregon dio
cese attended and paid him honor. Many
were the tributes received from clergy
and laity.
The diversified abilities or the pastor
of St Lawrence have frequently been
demonstrated. In 1SS1 he wm appoint
Aft hr fnst T?ay AnthM.hnn a.l.. ..
editor of the Sentinel, the Catholic publi
cation or. me diocese, in wnich capacity
he served for over a year, and again In
1S3S Most Rev. Archbishop Gross selected
him for the same work. As a result of
Father Orth's Journalistic effort, the pa
per was revived and placed on a higher
and better 'basis than It ever occupied be
fore, and the pastor-editor was compli
mented by the Catholic press from far and
wide for the tone of his editorials.
The new bishop Is well-known In Port
land as a fluent talker, a good pulpit or
ator and a good theologian. His liberal
and tolerant attitude while pastor of St.
T.AWfpnAA Tioff tnnttk 111m fH.nJ. A....I...
of the Catholic Church, as well as In. One
oi me most prominent leatures of his
church work was the strict inculcation
nf natHntlsm Tha AMMmn mf .,. ...t.w
have uniformly been taught loyalty to tho
Areijcuu ud, uiu ijie patriotic notiuays
of the nation have been observed with
great pomp. The Fourth of July and
Washington's birthday. In particular,
were occasions for great events In the assembly-hall
of St Lawrence.
With all of his business capacity and
executive power, one or the great duties
of a- pastor, caring for the poor and sick,
was never forgotten. As a means of J-
VATTf-lnir lrnAwlAiYr-A .f .Via ntnAA. ".l
other studies, one of the numerous church
societies organized oy f ainer urth was a
REV, B. ORTH, NEW BISHOP OF VANCOUVER. -
reading circle much like the Chautauqua
Circles. To the members of this circle he
delivered a lecture every Monday even
ing on a scientific historical, geographical
or other Important subject And in all
this work the Influence of the Driest was
felt beyond the church, because he never
assailed those not connected with the
church, never attacked them because of
tnelr convictions, and did not oppose ex
cept as became necessary In defending the
doctrines of the Catholic Church.
As an evidence of the loyalty and devo
tion or tne members ot Father Orth s con
gregation, there have been numerous oc
currences since news of his promotion was
given out From all Is heard praise and
good words. One of the well-known par
ishioners, Mark O'Neill, attorney In the
Chamber of Commerce building, eald re
garding his paster:
"Father Orth has been one of the best
priests I ever knew in my rife, and I have
kbeen connected with the Catholic Church
iroai ennanooa. He is a strong man. a
very clever linguist and in addition to his
conceded qualification cs a priest he b
an excellent business man. Ills connec
tion with any enterprise carries a great
deal of weight and we all regret his de
parture exceedingly, although we cannot
bo other than glad over his success In
receiving a promotion to the rank of
bishop. He Is a very magnetic man. as
Is shown by the unanimous affection
throughout his parish and even much be
yond. In the pulpit he. is an excellent
speaker, and combines oratory with learn
ing, as he Is very studious. To sum up.
.tamer urtn is a thorough churchman.
There is no mistake about the fact that
he was born to the vocation."
The diocese of Vancouver, to which
Father Orth has been appointed, is an
extensive territory, the epls.-opal residence
being In Victoria. Although there Is only
a small band of missionaries In the dio
cese, they are well known for earnest
zealous and learned priests. This was the
diocese presided over by Archbishop
Christie at the time of bis appointment
to the archieplscopacy. The Cathedral in
Victoria is a large Gothic church, well
finished and well furnished. The City of
Victoria has been very prosperous since
the Alaska gold discoveries, and is re
garded as offering a fine future for
church work. Father Orth is reluctant
to talk about his past In Portland or future
In British Columbia.
DAILY CITY STATISTICS.
Real Estate Transfer.
Clarence W. Cdulter to George W.
Joseph, lands Latourelle Falls, '
February 16, 1S33 1
F. A. Hoffman to Terrace Heights
Real Estate Company, lots 1 to 18,
inclusive, block 1; lots 1 to 12, in
clusive, except lot 2. block 2: lots-1
to 9. Inclusive, block 3; lots 1 to 13
Inclusive, block 4: lots 1 to 15 In
clusive, block S: lots 3 to 13. block
6; lots 1 to 8 Inclusive, block 6; lots
1 to 8 Inclusive, block 7; lots 1. 3
and 4. block 8; lots 1 to IS Inclusive,
except 6, 7 and 8, block 9; 1 to 10
Inclusive, except lot 9. block 10;
lots 1 to 10 Inclusive, block 11; lots
4. 5 and 6. block 12; lots-1. 2 and 3.
block 13; lots 1 and 2. block 14; lots
1. 2. 3 and 4. block 15; lots 1 to 5
Inclusive, block 16; lots 1 to 12 in
clusive block 17. Seventh Street
Terrace, April 26 10,000
Amanda Hershner to Ralph L.
Brackett. lot 2. block 218. Holla
dav's Addition. April 27 1,500
M. E. Smlthsonr to Elizabeth Wun
der. lot 15, block 4. Abend's Addi
tion, April 23 COO
Daniel Gorman to J. L. Bean. n. 25
feet or Iota 1 nnd 2, block 23, Al
blna. April 26 850
Clarence W. Coulter, trustee, to
George W. Joseph, 172 acres, sec
tion 6. T. 1 S.. R. 6 E.; also, timber
on part of section 15. T. 1 S., R. 5
E.. February 16. 1S33 1
Same to same. ICO acres, section S.
T. 1 S.. R. 5 E.. February 16. 1S93.. 1
W. Galloway to O. & C R. R. Co..
NE. U of NW. M and NW. Vi ot
NE. U. section 19, T. 1 8., R. 5. B..
April 26 1
Sheriff, for Seventh Street Terrace
Company, to F. A. Hoffman, lots
Seventh Street Terrace. April 25... 26.271
George II. Strowbridge to W. H.
Saylor. parcel land Market and
Sixteenth streets, April 26 EOO
Birth.
April 12 Girl, to the wife of -A. Thurlow,
5C3 Second street
Dentin.
April 27 Annie L. Jones, aged 34 years,
612 Fourth street: consumption.
April 25 Rachel D. Prettyman. aged 4J
years. 2 months. Mount Tabor; entero
colitis. Death of Mra. Mary Lome Culver.
Mrs. Mary Long Culver, wife ot M. F.
Culver, died yesterday morning at 2:3)
o'clock, at the Lambert House. 23& Union
avenue, of heart trouble and dropsy. She
had been afflicted for many years with
weakness of the heart A few months
ago dropsy In an acute form set In, and
for about three months she was compelled
to remain sitting day and night In an arm
chalr.it being Impossible for her to He
down on a bed. for fear of dropsical
strangulation. For the past few days
she had been In almost continuous sleep,
except when aroused to take medicine, or
to recognize friends, which she could do
to the last Mrs. Culver was Hie daugh
ter of George M. and Elizabeth Long,
well-known pioneers of Oregon, both of
whom died years ago. She was born In
this county In 1S57. In 1S7S she was mar
ried to M. F. Culver, in this city. Her
husband and the following relatives sur
vive her: Miss Mlla, a daughter, aged 19;
two sisters, Mrs. E. J. Steel, of Portland;
Mrs. Carrie L. Cook, of Kansas City. Mo.;
two brothers, Henry and George M. Long.
The funeral will take place from Dun-
nlngs undertaking chapel, at East Aider
and East Sixth streets, this afternoon at
2:30 o'clock. '
Estey Organs. Wiley B. Allen Co.
THOMAS KAY IS DEAD
WEIX-KXOWlf "WOOLEX MAXUFAC
TCRER OF SALEX.
Died Last JCtgat at St. Vincent's Hos
pital, After an Illness of Sev
eral Months.
Thomas Kay. proprietor of the Salem
woolen mills, died at St Vincent's Hos
pital, at 10 o'clock last night He had
been In falling health, for a long time,
and about two weeks ago was brought
from his home in Salem to St Vincent's
Hcepltal. Ho continued to fall, however,
till the end came '
Brief Sketch of Ills Life.
SALEM. April 27. Thomas Kay was
bom In Applebridge. Yorkshire. England.
In 1S37. He was descended from a long
line ot woolen manufacturers, and from
his youth was trained In that Industry.
He came to America In 1SS7. and after
working one year at Cazenovla. N. T..
he returned to England to further .perfect
himself In his trade. He returned to this
country in 1859. and worked In woolen
mills In Philadelphia. Trenton and New-aJk-
In 1S63 he came to Oregon to take
charge of the weaving department of the
mills at Brownsville, Linn County, where
he remained until the mills burned In 1SES.
He worked successively In the mills at
The Dalles and Ashland, acting as super
intendent at the latter place for four
J cars.
In ISO he took charge of the weaving
department of tho Willamette woolen
mills, at Salem, and continued In this
position until 1873. when he leased the
new mill which had been built at Browns
ville In 1875 he formed a partnership
and bought the mill, which the firm op
erated until 1SSS, when Mr. Kay sold out
his Interest to his associates.
He then spent some time In travel
abroad, returning to Salem In 1ES9. Re
ceiving much encouragement from public
spirited citizens, he built and operated
the Salem woolen mills. His plant was
destroyed by fire In 1SS5, but was rebuilt
and is now In operation. In 1S92 he built
a mill at Waterloo for the manufacture
of knitted hosiery and underwear, and
this institution was In operation until it
was burned in W9S.
Much of the prosperity of the people ot
this city ie due touhe energy and perse
verance of Mr. Kay in maintaining and
operating his mills at this place." During
the hard times he kept his plant In op
eration, even at a loss. In order to give
employment to the operatives, who were
dependent upon the Industry for a living.
He had at all times been in sympathy
with and had aided In movements for
the betterment of the community.
He was a member of the Baptist church
and ot the Masonic and Odd Fellows or
ders. In 1857, Mr. Kay married Miss Ann
Slngsby, of Leeds, England. Ten chil
dren were born to them, five of whom
are still living. They are: Mrs. C. P.'
Bishop, of Salem; Thomas Kay, Jr.. of
Salem: Mrs. O. P. Coshow. Jr.. "Ro'seburg;
Misses Lenore and Bertha Kay. Salem.
COLVILLE RESERVATION.
Instructions From Commissioner
Hermann Abont Sale of Lands.
In tho matter of the opening of the
Colvllle Indian reservation, next October,
Bingcr Hermann. Commissioner of h
Land Office, has sent the followmc in
structions to the officials of the land
offices at Spokane and Waterville:
"I have to call your attention to the
proclamation Issued by the President on
the 10th Inst, by which all the nonmin
eral lands In the north half of the Col
vllle reservation, Washington, vacated by
the act of July-1. 1892 (27 atat. 26),) and
July l. 1SS0 (30 stat. 571). except those al
lotted to and reserved for Indians, and
for other purposes, will be opened to set
tlement and entry under the statutory
provisions therein recited, at and after
the hour of 12 o'clock noon (Pacific stand
ard time), of the 10th day of October,
1900.
"With regard to the lands described In
the proclamation, you will observe that
tho acts referred to provide that subject
to the reservations and allotments to In
dians of the Colvllle reservation, all the
tracts shall be disposed of under the gen
eral laws applicable to the disposition of
public lands In the State of Washington.
"It is further provided by section 3 of
the act of July t, 1892, supra:
"That each entryman under the home
stead laws shall, within five years from
the date or his original entry and before
receiving a final certificate for the land
covered by his entry, pay to the United
States for the land so taken by him In ad
dition to fees provided by law, the sum
or U 50 per acre, one-third or which "must
be paid within two years after the date
or the original entry; but the rights ot
honorably discharged Union soldiers and
sailors, as defined and described in sec
tions 2201 and 2305 of tho revised statutes
of the United . States, shall not be
abridged, except as to the sum to bo paid
as aforesaid.
"All applicants to enter these lands
must possess the qualifications required
by the law under which he desires to
make entry. Within two years after
the time of making his entry he must
pay the sum of 50 cents per acre, and
within five years from the date of hi
entry, and before receiving a final cer
tificate, he must pay on additional sum
of $1 per acre.
"As said lands are restored to entry un
der the general laws, homstead entry
men may commute their entries under
section 2301 R. S. by paying for the land
at the rate of Jl 50 per acre, the price
fixed in the act of 1S92, supra, but no final
commissions will be collected when com
mutation proof Is submitted. The com
missions in the original and final entry,
under section 2291 R. S. will be commuted
at the rate of Jl 25 per acre, the ordinary
minimum price of public lands under the
general provisions or section 2357 R. S.
"The ordinary blanks for the different
classes of entries under the general laws
will be used, reference being made there
on, and on the abstracts ot the act of
July 1. 1892, Colvllle Indian reservation
lands.
"You will open a separate series of num
bers for each clam of entries, beginning
with number one, reporting them m sep
arate and special abstracts and report
and account or the same In your regular
monthly and quarterly Colvllle Indian res
ervation accounts.
"Upon receipt of the first payment of
50 cents per acre from homestead claim
ants, the receiver will issue a cash receipt
for the money, noting thereon "first pay
ment Colvllle Indian reservation home
stead.' and when final proof Is submitted
and final payment made the regular final
certificate and receipt should Issue, as
well as a separate cash receipt for the
final payment of U per acre.
"Sections 16 and, 36 in each township
will be subject to such right of the State
ot Washington thereto as may be ascer
tained and determined by the Land De
partment in the administration of the
grant of lands in place to that state for
the support of the common schools.
"The notices required by circular of In
struction or October 21, 1SS5 (4 L. D., 202),
as to the filing or the plats or survey in
your office, should be posted by you at
such date as will make the date of filing
the some as the date of the opening of
the lands to settlement and entry."
The district to be opened comprises a
tract of land or 1.500,000 acres. The char
acter or the country Is mountainous. In
terspersed with" small valleys and rolling
hills. There Is some good agricultural
land and some very fine timber.
According to the proclamation of the
President the new tract will be subject
to the general land laws of the United
States. A man mar take up the land In
the following ways:
By a homestead entry. In which entry
can be made after 14 months residence,
provided residence be permanent on the
payment of 11 60 per acre. By the timber
and stone act a person may take 160
acres, provided the land is unfit for agri
cultural purposes when cleared of timber.
By this act the settler "will be required
to pay 82 50 per acre. The desert law
would also apply were tbtitt any desert
land there.
PERSONAL MENTION.
C. P. Bishop, of Salem, Is registered at
the Imperial.
Mrs. J. McKay, of Baker City, Is a
guest of the Portland.
Mrs. A. Hawkins, of Toledo, Or., Is reg
istered at the Imperial.
F. W. Maugham, of Spokane, is regis
tered at the Portland.
J. B. Teon. logger ot Cathlamet Is reg
istered at the St Charles.
L. M: Anderson, of Walla Walla. Is
registered at the Imperial.
J. V. Hall and wife, of Roseburg, are
registered at the Perkins.
registered at tha Portland.
Miss Belle Kellogg, ot Kalama. Wash..
Is a guest of the Perkins.
W. J. Burke, of Ocosta, Wash., Is reg
istered at the St Charles.
W. Lord, warehouseman, of The Dalles,
Is registered at the Perkins.
George Spangenberg. of Denver, Colo.,
Is registered at the Portland.
A. T. Vandevanter. Sheriff of King
County, Washington, Is registered at tne
Imperial. N
Captain O. Galbralth, of the Govern
ment snagboat, is at the St Charles from
Corvalll2.
William Rmlrfi f RiV,, riiv -. .t..
for Congress on the Democratic ticket
regisierea at tne .Perkins.
News has been received from-Honolulu
or the marriage or John T. Schneider, for
merly or Albers & Schneider. Mr. Schneid
er was well known In Portland, where
he lived for many years. He -was for a
time driver or Engine Company No. 5.
NEW YORK. ApriT27.-E. D. Hooker,
or Spokane, registered at the Grand hotel
today.
WASHINGTON. April 22. Henry W.
LUIenthal. or Spokane, who has been here
for some time In connection with mining
matters, with particular reference to the
Colvllle reservation, will have a number
of samples of ores from the northeastern
part of tho state sent to the National
Museum here. Mr. T.ifnthi hn. ,, re
visiting the National Museum, that only
a. ic specimens were on exniDition there
from the State of Washington. The ores
will be franked with specially prepared
franks that can be attached to the sam
ple. The samples will be placed In the
department of geology.
The Snarcestl-reness of Japanese Art
"From Sea to Sea." by Rudjard Kipling-.
Long" ago a great-hearted King came to
Nlkko River and looked across the trees
up stream at the torrent and the hills
whence it came, and down stream at tha
softer outlines' of the crops and spurs of
wooded mountains. "It needs only a dash
of color In the foreground to bring this oil
toirether nnld h an h. r.i ui. -wu.
---- -. -- v a tunc i;mm
In a blue and white dressing-gown under
mo uwiui trees to judge tne effect. Em
boldened by his tenderness, an aged beg
gar VentUrAft to ajiV fnr- aim. -KTnn If- ...
the ancient privilege of the great to try
mo temper or. meir Diades upon beggars
and such cattle. Mechanically the King
SWeDt Oft the Old man hAnrt frv ia At
uui msa iq oe aisniroea. Tne -olood spurt
ed across the granite slabs of the river
ford in a sheet of purest vermilion. The
King smiled. Chance had solved the prob
lem for him. "Build a bridge here." fit
said to the court carpenter, "of Just such
a color as that stuff on the stones. Build
also a bridge of gray stone close by. for
DAILY METEOROLOGICAL REPORT.
FOnTLANTJ. April 2T.-S P. M. Maximum
temperature. 63; minimum temperature, 40;
river reading at 11 A. M., 10.1 feet: change in
the last 24 hours, 0.1 foot: total precipitation.
8 P. M. to 8 P. M., trace: total precipitation
from Sept. 1. 1S00. 32.68 Inches: normal pre
cipitation from Sept 1. 1899. 41.19 inches; dea
clency, &51 Inches; total sunshine April 2S.
1:54: possible sunshine April 20. 14:07.
"WEATHER SYNOPSIS.
A high-pressure area overlies tho North Pa
cific States. The barometer is low over South
ern California. Nearly seasonable tempera
tures now prevail In all coast states. Light
frosts occurred Friday morning In Washington
and Idaho. The Indications are for fair weath
er In this district Saturday, with frosts proba
ble in the early morning, except in Southern
Idaho and Southern Oregon.
WEATHER FORECASTS.
Forecasts made at Portland for the 23 hours
ending at midnight Saturday. April 23:
Western Oregon Fair; probably frosts In
the early morning In northern portion: warmer
In southern portion; northerly winds.
Wetern Washington Fair; frosts in the
early morning: northerly -srind".
Eastern Oregon Fair: frosts In the early
morning; warmer during the afternoon: north
erly winds.
Eastern Wahington and Northern Idaho
Fair; frost in the early morning; warmer in
the southern rortion during the afternoon:
south to west winds.
Southern Idaho Generally fair; northerly
winds.
Portland and vicinity Fair: northerly winds.
EDWARD A. BEALS. Forecat Official.
HARD TO BELIEVE.
Effects of Cottrc on Unman Beings.
"Every time that I Indulged, even in a
weak cup of coffee, I suffered with a ter
rible headache and disordered stomach.
Ten months ago I quit coffee altogether
and took up Postum Food Coffee. I have
no more headaches; am very much strong
er and In better flesh than I was before
I began, I can work hard ail day without
feeling tired at all.
"Before I drank Postum, I got so tirrd
at my work that I bad to lie down In the
afternoon. Occasionally I would faint
away. A lady friend, an author, says
she would not be without Postum Food
Coffee for anything in the world. She
uses It three times a day and says It
keeps her mind clear and bright and no
body healthy.
"Another friend, a lady who Is a crip
ple and has been an Invalid for a long
while, took up Postum Coffee about two
years ago. She has gained many pounds,
and her flesh Is now hard and firm. It Is
natural we should sing the praises of
Postum." Miss Ida M. Forney. 2 High
land Ave.. Melrose Highlands, Mars.
It will be observed from the above that
each person showed an Increase In sturdy
strength, brought about by leaving off
coffee and the use of Postum Food Cof
fee. The reason for this experience is
that the poisonous alkaloids contained In
regular coffee prostrated the nervous sys
tem, bringing on all sorts of aches and
alls, and disintegrating the delicate cells
In the nerve centers, destroying and
throwing out the elements absolutely re
quired by nature for maintaining good,
sound nervous strength and health.
When coffee Is discontinued. Nature
seeks to oet up a healing and repair the
damage, xne efforts of Nature are
powerfully aided by certain elements In
Postum Food Coffee which come from
parts of the field grain, selected especlally
for the purpose, by the makers of Pos
tum. One of the principal elements Is phos
phate of potash a delicate, microscop
ic product used by the system in combina
tion with albumen of the food to make up
the cells In the nerve centers or the human
body. There is a. well-defined reason why
people can add greatly to their strength
and health by leaving off coffee and using
Postum Food Coffee.
Painful
Periods
arm overoomm by Lymla Em
Plmkham's Vegatahlm
Fifty thousand happy
woman tastlfy to this In
grateful fetters to Mrsm
Ptnkham.
Menstruation is m
severs strain on a. wo
man's vitality. If it is
painful something is
wrong which.
Lydla E. Plnkham's Vegetable
Compooul I
will promptly set right; if
excessive or Irregular
write to Mrs, Pinkham,
Lynn, Mass, foradvleom
EvUence abounds thai
Mrsm Plnkham's advloe
and medicine have for
many years been helping
women to be strongm Ho
other advloe is so un
varyingly accurate, no
other medicine has such
a record of curem
I would not forget the wants of my peo
ple." So he gave the little child across the
stream a thousand pieces of gold and went
his way. He had composed a landscape.
As for the blood, they wiped It up and
said no more about It And that Is the
story of Nlkko bridge. You will not find
It in the guide-books.
ACCTIOX SALES TODAY.
At salesrooms, 1S2 First St.. cor. YamWU. at
10 A. M. J. T. Wilson, auctioneer.
MEETING XOTICES.
WASHINGTON CHAPTER, NO 13.
R. A. M. Special convocation this
(Saturday) evening. April 28. Masonio
Hall. Burkhard building. P. M. and
M. E. M.. degrees. By order E. H. P.
ELIZA SPAULDING CABIN. NO. 1. N D.
OFf O. Regular meeting this (Saturday) even
ing at S o'clock. In Elks Hall.
PEARt. SNOW. P.ec Sec
ASTRA CIRCLE. 152. W. O- W. Open meet
ing announced for tonight Is postponed one
week.
CAMELXA CHAPTER. NO. 2T, O.
E. S. A regular communication this
evening at 730 o'clock. In Hill's
Hall. Upper Alblna. By order 'U-. II.
nellie Mckinley, sec
"
WOODMEN OF THE WORLD. All members
of Multnomah Camp are requested to meet at
our halt. 91 Grand avenue, at 1 o'clock Sun
ttar, April df. to attend the funeral ot the es
teemed wife of our neighbor J. C Jones.
All neighbors of other camps cordially Invited
to attend
MOUNT TABOR LODGE. NO. 4.
A. F. & A. SI. Regular meeting to
night 8 P. M. Work in E. A. d-gree.
C W. DURETTE. Secretary-
DIED.
JONES In this cltr. ar the family residence.
012 n-oat st.. April zi. laoo. Annie I, wire
ot John C Jones, aged 43 years. Notice of
funeral hereafter.
x J
EDWARD HOLMAJf. Cndertnker. 4th
and Yamhill its. Rena Stlnaon. lady
assistant. Uoth phones No. SOT.
J. P. FIXLEY & SON. Undertakers.
Lady Assistant. 275 Third at. Tel. O..
F. S. DUNNING, Undertaker. 414 East
Alder. Lady Aaslatant. Both phone.
Floral pieces cut floiren. Clarke
Bros. SSO Morrison. Both phones.
SEW TODAY.
CALI ON US FOR FRESH VEGETABLES
and fruit: also butter and eggs. Our prices
are the lowest II pounds granulated sugar.
$1; Burbank potatoes. SOc per sack: 5-pound
can pure lard. 45c. in bulk 8c a pound: East
ern hams. 12c per pound: sweet, lean bacon,
lie per pound: summer sausage, the best, 2
pounds. 35c: 11 bars of Key soap, 25c; tl
bars of Babbitt's Best soap, 25c; C
bars Borax soap, 25c: 2 packages Lion cof
fee. 25c: 10 pounds rolled oats. 25c: 10-pound
sack ?raham flour. 15c: 10-pound sack rya
flour. 20c; 10-pound sack cornmeal. 20c. Ic
will pay you to calL Oregon Cash Grocery
Co. i:oth stores. 412 Washington St., 232 N.
14th st.. cor. Marshalt
BUTTE.t IS DOWN. DOWN. DOWN. BEST
creamery butter. 35c and 40c; Oregon dairy.
30c. Wj? can sae you 15c to 20c on each J
on eachj
roll, jsee tne la uranue ureamery fo..
TamhllL, Uoth phones.
BUTTER MARKET DOWN. BEST OREGON
creamery butter, 35c and 4r.c; Oregon dairy,
full rrelht, 2fc; new mlM cheee. 2 lbs.,
25c: Orego?. pad Eastern hams. 12Vjc; East
ern bacon. Iftc; picnic hams. 9c: 10 lbs. East
ern or Oregon lard. OOc All sooda retailed
at wholesale prices. La Grande Creamery
Co.. 2(54 Yamhiit
CHICKENS. CHICKENS: FINE. LARGE FAT
hens; Spring chickens: all fresh in; cheapest
meat you can buy. See the La Grande Cream
ery Co., 2B4 Yamhiit
BUTTER. BUTTER, BUTTER.
gancy creamery butter, per roll...; 40a
airy butter, per roll....................30a
Fancy dried peaches. 3 pounds.. ......... 25a
Fancy dried apples. 3 pounds 25a
Rolled oats. 10 pounds. ................ ...25a
Fancy rice. 22 pounds ................St.oa
Home and smoked meats at lowest prices
Call and see before buying your week's sup.
piles. Field. Campbell a Co.. 373 and 3T3
East Morrison. Both phones.
,
A SEW LINE OF STETSON AND WAL
dorf Hats. Famous Clothing House.
JEFFREYS & WHITE
Attorneys-at-Law. Nome City. Alaska- Port
land address. 420 Commercial block.
NEWCASTLE COAL
Has seen leading coal on coast for 20 years.
Pacific Coast Co.. 24S Washington K. TeL 229.
THOS. SCOTT BROOKE
REAL ESTATE LOANS
ROOM 16 CONCORD BUILDING.
Mortgage Loans
On Improved city and farm property, at lotren
current rates. Building loans. Installmcat
loans. Macmaiter BlrreU. Ill Worcester bJc
BONDS MORTGAGES
Highest market price paid fcr municipal ani
chool bonds. Lowest rates en mortgage loans.
Will take charge of estate on agent or trustee
on reasonable terms.
W. 3L FEAR. 41S Chamber cf Commerce.
$50.00 Reward
Tor the arrest and conviction of person rho
has In their possession Andrae bicycle. No.
3ft22X- Northwest Gun & Bicycle Co.. 87 Third
street.
IRVINGTON.
PRICES OF LOTS REDUCED.
The undersigned is now prepared to butldT
ferule In Trvlnrtnn TVirtlBnrt. fnt rif!-hl
suburb, on the Installment plan, whereby the
monthly payments win be ACTUALUY less
than rental charged for similar residences.
$&
A& jwu cauuui call ffCTiu LVT circui.i. ..
C H. PRESCOTT. - ?1
12 and 213 Chamber ot Commerta.
i
I
i