THE MORNING OKEGONIAN, TTJESDAT, JUNE 12, -1900r
?
A6UHM01 H LUMBER CARGO I
S27T
ffiLX BRAJfCH BOTJITD FOR THE
SEAT OP WAR.
Sails Tills MoralBg Direct for Talca
jBBe Grain Fleet Mere Over
due Ship.
.The Pacific Export Lumber Company
yesterday cleared the big turret steam
'shlp Elm Branch lor Taku, with one of
'those monster cargoes that has made this
company famous all over the -world. That
of the Elm Branch -was not quite up to
aome of the record-breakers that the firm
has previously dispatched, but down In the
capacious hold, and piled hlsrh on deck
was enough lumber to foot up 2.7&4.000 feet,
something more than two good-sized sail
ing ship cargoes. It was valued at $30,
000, and the bulk of It goes to Taku, but
there Is also a few hundred thousand feet
for Tallan Wan, and for Victoria Bay. The
steamship Inverness, which has taken
the berth of the Elm Branch, at the North
Pacific mills. In this city. Is now receiving
cargo at a rapid rate, and will follow the
Elm Branch In a few 'days. The latter
steamer finished coaling yesterday after
noon, and will leavo down the river at 4
o'clocks this morning. Taku, the port
for which the Elm Branch la headed. Is
the place where all of the warships are
assembling In anticipation of the final
break-up of China, and the big freighter
may Teach there In time to permit of her
crew seeing some of the fun.
MISREAD THE CABLE.
Henny Clement Has Hot Arrived, and
'Frisco Speculator Are Troubled.
The overdue German ship Henny Clem
ent has not arrived, as was Incorrectly
reported a few days ago. The error grew
out of the misinterpretation of a cable
message, and the disastrous results which
followed for the San Francisco reinsur
ance gamblers are thus related by the
Examiner:
Somewhere on tho ocean's breast or in
the ocean's deeps Is the Henny Clement.
Along San Francisco's easy ways of life
have been wasted many botties of wine;
have been told many Jests, have been sung
many songs over the supposed fact that
she was rocking at safe anchor In the har
bor of Kiao Chau. But she isn't there,
and thereby bangs a tale of tho sea and
the speculation that follows it.
Tbe Henny Clement is a German ship,
which put out, something close upon a
year ago, from Hamburg, the Hanse town,
for Klau Chau, carrying reminiscences of
the mailed fist and Emperor Willie's con
secrated person. She hasn't yet delivered
the goods. And that's what's the matter
with the reinsurance speculation.
She was a long time out. Then the men
who watch the sea began to say things
and to gamble on whether she ever would
get In. As the days drew on tn per
centage climbed. San Francisco began to
sit up and take notice, for in San Fran
cisco aro many men who try at that game
of life and death called reinsurance. These
men began to peek in at the office of M.
A. Newell, on California street, and ask
how he was quoting reinsurance on that
overdue ship. The rate crept up until i
stood at 90. That means that any man
who put up 5100 could draw down $1000 In
case the Henny Clement sbouJd come In.
Then Tiut from Liverpool went a dis
patch from the consignees of that ship.
The dispatch went to Kiao Chau and
asked "What news Henny Clement?"
Back came an answer over the cable in
the ABC code, "Clement aridity," trtiich
means, in the A. B. C cipher. "Henny
Clement arrived all well Wednesday
P. M."
This meant great Joy for the speculators
who had put up $100 to draw down $1000.
It meant money In their purses. They had
won their long-shot bet. San Francisco
had played the market with quite a sum
at that 10 to 1 risk. Certainly everything
was all right. Men noticed that all the
recent overdues had got in except the
Annie Thomas, from Cardiff to Acapulco.
So a string of men presented their cer
tificates at the office of Broker Newell
and those men were promptly paid off,
the broker making a handsome discount
on the transaction. About $4000 was the
sum paid out in this way by Mr. Newell,
the other San Francisco speculators pre
ferring to wait for the coming of their
money from London, thus saving1 tho
broker's discount.
Then there was fun along the line. Here
was some easy English money, and men
spent it as easy money always Is spent.
The corks were kept In the air. There
was much singing of "He's a JoUy Good
Fellow" and "Good Night. Ladies." Any
body who couldn't have detected a general
tendency to say "Ha! Ha!" was deaf,
dumb and blind.
Next thing over in Liverpool one of
these measley, close-fisted, calculating
chaps got boM of the ABC code and
aroused a dreadful doubt. He said: "See
here; there may have been some mistake.
If you notice, 'Clement aridity means
In the code, 'Henny Clement arrived all
well. Wednesday P. M..' but 'Clement ar
dulty' means 'Henny Clement has not ar
rived.' "
Now there was a kill-Joy for you! The
effect of this croaking was to have the
cable mesage repeated, and, sure enough,
tnateffwe.-rpad "Clement ardulty."
whicH'is,toTaS'that the Henny Clement
had not arrived at all.
Then there wns trouble all along the
ane. Liverpool and London hod the very
dickens to pay. In San Francisco, Broker
Newell cent out notices to the men who
had drawn down that $4000 that they must
pay It back. They have so far returned
about $3000. But where is tbe money that
has gone for those dinners, those cock
tails and that wine? Where are the songs
that were sung, the stories that were
told? Gone forever and all on account
of a misspelled word. "Aridity" always
was a bad word to apply to the sea. It
belongs at Tucson or Khartoum or some
other dry and dusty place.
And this story recalls the fact that in
the recent lively speculation on the An
nie Thomas a message came up from Aca
pulco. "Annie Thomas scarcely overdue."
On this the speculators piled their money
In. Then, after a time, it turned out that
the message should have said. "Annie
Thomas seriously overdue." And the An
nie Thomas Isn't in yet. Neither is the
Henny Clement.
FOUR JUXE SHIPS.
Grain Fleet Is Maklnjf Good Prog
ress for First 2 Days of Montk.
The German ship Nesala is in the stream,
with her cargo all aboard, and will leave
down today or tomorrow. The East Afri
can, which is next on the list, will finish
loading tomorrow, making four ships for
the first 12 days of the month, which Is r
remarkably good showing for what is usu
ally considered the dullest month of the
year. The Pinmore has finished discharg
ing her ballast, and will commence load
ing wheat again today. She already has
10f"0 tons of stiffening aboard, so there will
not be much time lost in finishing her.
The Mabel Rickmers, which arrived up
late Saturday evening. Is at the elevator
dock, discharging ballast. The Wendur
Is discharging her cargo of bags, and it
will require a week or 10 days for her to
finish, and she will hardly be ready in time
for her outward cargo to be cleared before
next month.
ANOTHER OVERDUE SAFE.
Orealla. Chartered for Portland
-t if LoadlnR, Makes a Lone Trip.
5 .d ..Tho British ship Orcalla. which is under
'Jf charter to load wheat at Portland, arrived
oulat Shanghai last Friday, after an un-
" f.usuatjj long passage of 210 days. The ship
12 jras sojong on the way that over a week
bef oreber arrival reinsurance was quoted
as "high" as 15 per cent, and undoubtedly
20 per cent would have been paid before
she finally reached her destination. The
British bark Lydgate, now in this port,
made a 200-day voyage from New Tork to
Shanghai, and, despite the fact that ahe is
a slow ship, as high as 15 per cent rein
surance was paid on her. This goes to
show that some underwriters would make
the business more profitable If they bad
a little more nerve. An even worse case
of misplaced money was the case of the
bark Dominion, on which they piled SO per
cent reinsurance, and which showed up
all right without breaking any long-passage
records.
Another ship well known In Portland
on which the plungers are now buying re
Insurance is the Perseverance, Captain
Mclntyre. This vessel left Probollngo,
a port in Java, something over 100 days ago
for Newcastle, N. S. W., where she was
under charter to load coal for Honolulu.
Twenty per cent was quoted on the Perse
verance on May 24, and It Is undoubtedly
much higher at the present time.
OCEAX AJfD LAKE SURVEYS.
CoBsreii Provides for Charting the
Trackless Tide.
NEW YORK. June 1L A special to the
HeraTd from. Washington says:
Important work for the benefit of com
merce in the Pacific is to be performed
by the Navy, now that Congress has au
thorized the appropriation of $100,000 for
ocean and lake surveys. Rear-Admiral
Bradford. Chief of the Bureau of .Equip
ment, has approved a recommendation
submitted by Commander Todd for an
elaborate charting of the triangle formed
by the Hawaiian Islands and tho south
ernmost point of the Philippines and the
Islands of Japan.
It Is also purposed to establish a path
botween Honolulu and the Philippines to
bo followed by American warships so that
if they become disabled others following
may pick them up. It is understood, of
course, that the United States can ob
tain more expeditious results by co-operating
with other nations. Japan has ex
pressed her willingness to chart tbe
waters in the -vicinity of her islands, and
Great Britain has charted to somo ex
tent the China Sea and the East Indies.
STEAMER GYPSY SUNK.
O. R. & X. Steamer in Ten Feet
of
Water Near Independence.
INDEPENDENCE,, Or., June lL Th
steamer Gypsy, belonging to the O. R. &
N. Co., which reached this city about
noon today, ran on a snag Just
Just below town, and Immediately sank
In about 10 feet of water. She was load
ed with about 50 tons- of flour, mill feed
and wool, which was taken on at Cowal
Us. The steamer Is in the middle of the
river, and the entire cargo is under water.
The loss to the cargo and boat will prob
ably reach about $1000. The steamer was
in charge of Captain Coulter.
Upper River Navigation.
INDEPENDENCE, Or., June 7. The O
R. & N. Company's boats have ceased
to make regular trips on tho Willamette
River above Salem, on account of the
low stage of the water. The Altona and
Pomona people Intend to try and make
the trips to this city during the remainder
of the present month. If the water does
not get too low. On account of there be
ing little snow in the mountains this
year, the river Is lower at present than
It la generally at this season of the year.
Monmouthshire's Passengers.
The Oriental liner Monmouthshire, which
sailed from Yokohama May 20, for Port
land direct, will be due here about June
17. She brings 60 Chinese passengers en
route for Canada, 20 for United States
points and 25 Japanese. She brings a full
cargo of tea, rice and general merchan
dise. Domestic and Foreign Forts.
ASTORIA, June 1L Arrived Steamer
Del Norte, from San Francisco and way
ports. Condition of the bar at 5 P. M.,
smooth, wind northwest, weather clear.
Falmouth, Arrived June 9. German
bark Hyon from Portland.
San Francisco, June 1L Arrived
Schooner S. Danlelson from Sluelaw River.
Sailed June 9. Schooner John A., schoon
er Abble, for Wlllapo.
Cork, June 1L Arrived British ship eri
fel, Oregon.
Cardiff, Arrived June 10. British ship
Lamorna, Tacoma.
Hone Kong.' In port April 17. British
bark Thlstle.for Victoria; June 4 British
ship Cedarban-k. for Victoria.
Shanghai, Juno 1L Arrived Norwegian
steamer Eldsvold, from New Whatcom.
Deal, June 1L Passed British sh!p Ila
la, from London, for Vancouver.
Manila, Sailed May 30. British bark
Stillwater, for Port Townsend.
St- Johns, N. F., June 11. Arrived
Uvonian, Glasgow and L.vrpool, for Hali
fax and Philadelphia.
Cherbourg, June 1L Sailed Grosse
Kurfurst, Bremen and Southampton, for
New York.
Gibraltar, June IL-Salled Werra, from
Genoa and Naples, for New York.
Movllle, June 11. Arrived Lake Cham
plain, Montreal, for Liverpool.
Antwerp, Arrived June 10. Kensington,
New York, via Southampton.-
Queenstown, Sailed June 10. Servla,
from Liverpool, for New York.
Tacoma, Arrived June 10. Bark Tidal
Wave, from Honolulu.
Port Townsend, Arrived June 10. Bark
entlne Newsboy, from Honolulu.! Soiled
British ship Lancing, for Port Plrie.
Tacoma, Sailed June 10. British steam
er Breconshlre. for Yokohama,
San Francisco, June 11. Arrived Steam
er City of Puebla. from Victoria; steamer
Warfield, from Oyster Harbor.
Seattle, Arrived June 10. Steamer City
of Seattle. Dyea.
Philadelphia, June 11. Arrived Penn
land. from Liverpool.
New York. June 11. Arrived Europe,
from London; Manltou, from London.
Hamburg, June 1L Arrived Assyria,
from Baltimore.
Marseilles. June 11. Arrived Victoria,
from New York.
Glasgow, June 11. Arrived City of
Rome, from New York.
Liverpool. Juno 1L Arrived Cuflc. from
New Tork; Cestriam, from Boston.
Auckland. June 1L Sailed Moana,
from Sydney. N. S. W., for San Fran
cisco via Honolulu.
Plymouth. June 11. Arrived Pennsyl
vania, from Cherbourg and Hamburg,
and proceeded.
Gibraltar. June 11. Arrived Kaiser
WilhelmJL from New York for Naples
and Genoa, and proceeded.
Southampton. June XL Arrived Kaiser
Wilhelm der Grosse. from New York for
Bremen, and proceeded.
Liverpool. June 1L The reported sailing
June 9 of the steamer Umbria for New
York was an error.
IVEY HAS HIS DAY.
Deposes Collector "Who Talked to
Oast Him.
Alaska Dally Dispatch.
Special Deputy of Customs W. P. Mc
Bride lost his official head on the arrival
of the Cottage City at Sitka. United
States Collector Ivey used his official ax
and at one cleave the name of McBrlde
was separated from the official pay-roll,
and the name of Walter McNalr substi
tuted. This was the result of McBrlde
trying to work a friend In as Collector at
Cape Nome, and It Is also hinted that Mc
Brlde laid bare a few official secrets In
order to hurry the acceptance of Collector
Ivey'f rfsignatlon. It Is also said that
war to the knife has been declared between
the ousted deputy and the Collector and
that he has threatened to relate some in
teresting history to the Treasury Depart
ment. Collector Ivey has- as yet made no
statement, and It Is hinted that the official
ax. now red with blood. Is seeking more
official heeds.
Jt takes a span of 54 oxen to move Long
Tom, the 4.7-inch gun belonging to the
British Naval brigade
OREGON SUPREME COURT
ORDER ISSUED AMENDING SEV
ERAL RULES.
Decisions Handed Dovra Yesterday
Two Multnomah Cases Law
yers Admitted.
SALEM, Or., June 1L The Supreme
Court today made an order amending court
rules Nos. 9, 10, 13. H. 16 and 32, to take
effect July 2, 1900. These amendments
were made to conform the rules to the
new statutes concerning appeals. The
order made by the court is as follows:
"It Is now ordered that the part of rule
9, under the captions 'Judgment and
Assignment of Errors' (24 Or., 599, 600),
be amended to read as follows:
JUDGMENT (OR DECREE).
"Was entered: (St out the Judgment or
decree appealed from, or so much thereof
as may be necessary.)
"And afterwards, on the .. day of
19.., the .... appealed td the Supreme
Court of the State of Oregon, and on
the .. day of 19.., filed his undertak
ing on appeal. (If a supersedeas bond
was filed, state the fact.)
ASSIGNMENTS OF ERROR.
"And the appellant herein says there is
.manifest error on the face of the record in
this: (Here assign and &et out briefly and
concisely the errors relied upon for a re
versal or modification of the order. Judg
ment, or decree, appealed from.)
"Note. This outline Is presented for the
purpose of indicating the character of the
abstract contemplated by the rule, which,
like all the rules, is to be substantially
complied with. Of course, no formula can
be laid down applicable to all cases. The
rule to be observed In abstracting the case
Is: Preserve everything material to the
question to be decided, and omit every
thing else.
"That rule 10 be amended to read as
follows:
" 'On the hearing In this court, no ques
tions will be examined or considered, ex
cept those going to the jurisdiction of the
court, or when the pleading does not state
facts sufficient to constitute a cause of
action or defense, or tnose arising upon
the assignments of error, as contained in
the printed abstract.'
"That rule 13 be amended to read as
follows:
" 'The printed abstract provided .for by
these rules shall be deemed and considered
an abstract within the meaning of section
541, Hill's Ann. Laws of Oregon, as amend
ed In 1S99 (Lawe ISO. p. 229.)'
"That rule 14 be amended to read as fol
lows: " 'In case the appellant shall, without
reasonable excuse, fall or neglect to serve
and file abstracts or briefs as required by
the rules of this court, the respondent may
have the Judgment or decree affirmed on
motion and notice; and in case of an aban
doned appeal, the opposite party may, by
presenting a copy of the Judgment or de
cree, undertakipg, notice of appeal, and
proof of Service thereof, have the Judg
ment or decree llkawlse affirmed on mo
tion; and If In either case It appear to the
satisfaction of the court that the appeal
was taken for delay only, may recover
such damages as the court may order.'
"That rule IS be amended to read as fol
lows: " 'Civil causes on the trial docket will
bet set down for argument as near as con
venient In the order of their entry, due
notice of which will be given to the attor
neys of the respective parties by the clerk;
but the court may, whenever In Its Judg
ment a cause is of sufficient public im
portance, on the application of either
party, direct it to be set down for argu
ment out of Its order. Criminal cases
will, upon the application of either the
state or the defendant, be set down for
hearing as soon as briefs are filed, unless
otherwise ordered by the court? provided,
parties In either civil or criminal cases
may, upon stipulation, Buomit the same on
briefs at any time. In criminal cases a
copy of all briefs, whether filed by the de
fendant or District Attorney, must be
served upon the Attorney-General
"That rule 32 be amended to read a3 fol
lows: " 'The foregoing rules governing the
service of abstracts nd briefs shall not
apply to cases for hearing at Pendleton,
but such cases may be heard on the
transcript or abstract filed within the pur
view of said section 541, Hill's Ann. Laws:
" '(a) No civil case shall be heard at
Pendleton, unless the appeal has been
perfected at least 15 days before the first
day of the term: but. In all cases where
the appeal Is perfected less than 15 days
before the first day of the term, the same
shall be heard at Salem, upon the applica
tion of either of the parties thereto:
" '(b) In cases to be for hearing at Pen
dleton, the appellant must servo a brief,
containing a concise statement of the
errors relied on, within 30 days after his
appeal is perfected, and file the same in tho
Appellate Court at least 10 days before the
first day of the term. The respondent
shall serve his brief within 20 days after
the service of appellant's brief upon him.
and file the same at least five days before
the first day of the term; provided, that
in all cases for hearing at Pendleton the
appellant must ssrvo and file his brief at
least 10 days before the first day of the
term, and respondent by the first day.'
"These amendments shall take effect and
be In force from and after the second day
of July, 1SO0."
Decisions Handed Down.
In the Supreme Court today decisions
were rendered at. follows:
Charles M. Pierce, -eepondent. vs. Rock
Creek Gold Mining Company, a corpora
tion,, and C. W. James, a Justice of the
Peace, appellants, from Baker County,
Robert Eakln, Judge; Judgment affirmed.
Opinion by "Wolverton, C. J.
The opinion says:
"This is a proceeding by writ of review,
prosecuted for the purposo of reviewing
the Judgment of the Justice Court for
District No. 1, Baker County. Or., in a
cause Instituted therein June 7, 1S9S, where
in the Rock Creek Gold Mining Company
was plaintiff and said Pierce was defend
ant, to determine the right of possession
to a certain quartz mine, for which the
plaintiff herein was seeking to obtain a
patent from the general Government. The
plaintiff had 'filed or made the necessary
application to the proper officer of the
Land Office at La Grande, Or., for a pat
ent, and the defendant mining company,
having filed an adverse claim, instituted
the action for tbe purpose of determining
the right of possession, as required by tho
revised statutes of the United States, sec
tion 2325, 232C The summons was served
In Union County upon Pierce, who ap
peared specially and moved the court to
quash and set aside the service, because It
was made in a county other than that In
which the court was held. The motion
was overruled, and after some proceedings
not material to the question Involved here.
Judgment was given by default In favor of
the mining company for possession of the
claim, which Judgment having been an
nulled by the Circuit Court, upon the re
view, the defendants herein appealed.
"The solution of the question first raised
the record, as to whether a Justice Court
acquires jurisdiction In a possessory ac
tion for a mining claim by sen-ice of the
summons In a county other than that In
which the court Is held. Is decisive of the
controversy. The matter is governed
wholly by statute, wherein we find no au
thority for the service. By section 2175,
chapter 13, of the civil and criminal pro
cedure in Justice Court, such courts
are accorded Jurisdiction of action to re
cover the possession of mining claims sit
uated within the county where the court
is holden; but the provisions governing
the acquirement of Jurisdiction are the
same as obtain in respect to all other civil
causes instituted therein. These are
found in sections 910 and 2051. Hill's Ann.
Laws of Oregon, the latter section being
part of the Justice's code."
After reciting several authorities and
reviewing the sections of the code men
tioned, the opinion concludes:
"The action In the Justice Court Is
possessory In its nature, and was. there
fore, property brought In the county where
the mining claim Is situated, and in this
respect is analogous to the case we have
just been considering, where an ordinary
action Is commenced In the precinct where
the plaintiff resides. The authority of
the Sheriff of the county to make the
service is the same in both cases. Indeed,
the nature of the action contemplates that
there Is some one In possession of the
mine to- be mode defendant, who should
necessarily be served In the county where
the action Is instituted. The Sheriff of
Union County, being without authority to
serve tbe summons upon the defendant in
the cause pending in the Justice Court in
Baker County, the court did not acquire
jurisdiction of the p-jrson of Pierce by
such service, and, therefore, the Judgment
rendered against him Is a nullity."
R. L. Lew and A. H. Sprague, partners,
appeEants, vs. N. A. Lewis, respondent,
appeal from Grant County M. D. Clifford,
Judge, affirmed. Opinion by Bean, J.
This was an action brought m a. Justice's
Court to recover $52 5 for merchandise
alleged to have been sold to the defend
ants In 1S93. no part of which has been
paid. The answer admits the purchase of
goods to the amount of $11.75 only, and
alleges that this amount was tendered to
plaintiffs prior to the commencement of
the action, and upon being refused was
deposited in court. The plaintiffs won the
full amount claimed In the Justice's
Court, and the defendant appealed to the
Circuit Court. When the case was caUed
for trial the counsel for plaintiffs filed a
motion for continuance, on the ground
that his client and a witness were ab
sent. Ho supported the motion by an
affidavit setting forth the testimony he
expected these witnesses- to give. The de
fendant admitted that the witnesses would
so testify, and the motion for a contin
uance was overruled, the case tried and
a verdict for the defendant rendered. On
the same day counsel for plaintiffs moved
the court to set aside the verdict and to
grant a new trial, on the ground of in
sufficiency of the evidence to justify the
verdict, and that it wai against law.
Before the motion was disposed of. de
fendant tendered plaintiffs a Judgment
for $11 15, or to permit them to take the
$11 75 deposited by him. The motion lo
set aside was overruled and judgment en
tered In favor of the plaintiffs for $11. To.
and In favor of defendant for costs and
disbursements. The plaintiffs appealed to
the Supreme Court, assigning as error (1)
the ruing of the trial court In denying
the motion for continuance; (2) In re
ceiving and filing the verdict and not
setting It aside on Its own motion; (3) In
trying the cause without the Jurors hav
ing been sworn before being examined
as to their qualifications to sit as jurors;
and without being sworn to try the cause;
and (4) in overruling the plaintiffs' mo
tion to set aside the verdict and entering
Judgment as above stated.
The Supreme Court holds that tho
transcript shows that the motion for con
tinuance was overruled because the de
fendant admitted the testimony set out In
the affidavit, and that the Jury was prop
erly sworn; and th!n is conclusive upon
these questions. Held also that the ver
dict was sufficient to support the judg
ment, the court being Justified r pro
ceeding as if the verdict had been amended
to conform to the manifest intention of
tho Jury, and in entering judgment ac
cordingly. Jed A. Blair, appelant, vs. John Turner
and L. Boswell. respondents, from Mal
heur County, M. D. Clifford. Judge,
affirmed. Opinion by Moore, J.
This was a suit brought to enjoin the
defendants from maintaining dams in a
non-navigable stream. The transcript
shows that plaintiff's predecessors In in
terest built dams In Mormon Basin Creek,
in Halhour County. Oregon and mad an
appropriation of the water In that stream,
which was conducted in ditches and used
in separating gold from the baser ma
terials In which It was Imbedded, after
which the water was returned td the
creek, carrying -vrith it the tailings from
certain placer mines. The dams were
provided with gates, which, being opened,
liberate the water,, flushing the creek
and carrying away the debris. The de
fendant Turner built dams In raid creek
about three miles below plaintiff's dams.
The lower court denied the Injunction,
and on appeal the Supreme Court sus
tains that decision. The court holds that
regardless of the right plaintiff may have
to the water, It does not appear that he
is being Injured by defendant's dams, and
a court of equity cannot interfere.
John Turner, respondent, vs. Jed A.
Blair, appellant, and J. D. Locy and-A.
Anders, defendants from Malheur Coun
ty. M. D. Clifford, Judge, affirmed. Opin
ion by Moore. J.
This was an action 'or damages for
Injuries to plaintiff's reservoirs. The cir
cumstances are the some as in the pre
ceding case, except that Blair removed
Turner's dam, thereby destroying the
reservoirs. Blair contended that the dams
were a nuisance. The questions In the
Supreme Court arose upon various as
signments of error. The court holds. In
brief, that It does not appear that Tur
ner's dam was injuring Blair, that he
could not, therefore, jiujtlfy. his remov
ing it, and that no ernor was committed
at the trial In the lower court.
L. W. Tallmadge, appellant, vs. A. B.
Hooper et a!., respondents, from Union
County, Robert Eakln, Judge, reversed.
Opinion by Bean, J.
This was a suit to enjoin, the prosecu
tion of mining operations on, and to de
clare forfeited and cancelled, a lease of
mining ground. Only one question of law
on the merits of tbe case Is passed upon
by the Supreme Court. la this It Is held
that parol evidence cannot be admitted
to vary the terms of a written contract;
that in the present case there was no
ambiguity In the language of the con
tract; and that the court erred In ad
mitting oral testimony concerning the ma
turity of the payment under the lease.
A number of secondary questions, not
upon the merits, were disposed of. It Is
held that under section 541 of Hill's Code,
as amended in 1S99, an extension of time
to file the transcript is within the sound
discretion of the court, and his ruling
will not bo reviewed except in case of
manifest abuse thereof. Held, also, that
such an extension may be made at any
time when the appellant is not In de
fault. On a question of Identification of
the stenographer's transcript of testimony
the following holding is made: "A stenog
rapher is an officer of the court, charged
with the duty of correctly reporting all
the proceedings on the. trial, and his cer
tificate 13 entitled to the same faith and
credit as that of any other officer."
Solomon HIrsch. Samuel Simon, I. N.
Flelschner, Max Flelschner and M. A.
Mayer, co-partnere, doing business under
the firm name and style of Flelschner,
Mayer & Comapay. plaintiffs and re
spondents, and Kuh, Nathan & Fisher
Company, (a corporation), and Sweet,
Orr & Co., intervening plaintiffs and re
spondents, vs. The -First National bank
of McMInnville, Oregon, et al.. appel
lants, from Multnomah County, Alfred F.
Sears, Judge, on petition for rehearing,
decree modified and petition overruled.
Opinion by Bean, J.
The Supreme Court holds to the opinion
already rendered, but modifies the decree
disposing of the funds In the: "hands of
the receiver. The opinion says: "It ap
pears that after the satisfaction of all
claims ordered paid by the decree herein,
there will remain In the bands of the re
ceiver, or of the Court below, a consid
erable amounts of money the proceeds
of the sale of the property covered by
defendants mortgages which counsel for
defendants move be paid to them. The
claim of the plaintiffs seems to be that
such money should be distributed among
Redmond's creditors, according to their
respective rights, and that an opportunity
ought to bo given them to present their
claims. But thLs Is not a proceeding In
stituted for the benefit of his general
creditors, but Is a suit brought by plain
tiffs to set aside and have decreed void
as to them the chattel mortgages referred
to In the pleadings. These mortgages are
valid between the parties, and the only
creditors challenging their validity in this
suit are the plaintiffs, and the Interven
ing creditors, Kuh. Nathan & Fisher Com
pany, and Swee. Orr & Company. As. to
them the Instruments are fraudulent and.
void; but, so far as this proceedings is
concerned, they are valid for all other pur
poses. . . .me oaiance on nana ougnc
to be paid over to the defendants."
Portland Trust Company, respondent vs.
J. C. Havely and Ann Havely, his wife,
appellants, on motion to modify the de
cree so as to omit the entry of a decree
against the personal representatives of H.
W. Ross, who was a surety on the under
taking for appeal herein. The motion is
denied In an opinion written per curiam,
the court holding that under the statutes,
when the Judgment of the lower Court
is affirmed, the Supreme Court has au
thority to enter a decree against the
surety in like manner as It is entered
against the principal on the appeal bond,
and this regardless of the form of the
undertaking as to being joint or several.
The following minor orders were made:
E. W. Haines, respondent, vs. E. P.
Cadwell et a!., appellants, ordered on
motion and affidavit that appellant have
until July 7 to file the abstract herein.
State of Oregon, respondent, vs. Andrew
Carlson, appellant, ordred that appellant
have until September 16 to file his brier
herein.
State ex rel. Hammer, respondents, vs.
F. O. Downing, appellant, ordered that ap
pelant's time to file his brief herein be ex
tended to Juno 9.
Pacific States Savings, Loan and Build
ing Company, appellant vs. J. L. Hill re
epondent, ordered- that respondent have
until September 1, to file his brief and ap
pellant until November 1 to file a reply
brief.
In the matter of the estate of Elizabeth
Conser, deceased, Mary E. Warren, re
spondent, vs. T. G. Hendricks, executor,
appellant's motion to strike out respond
ent's abstract, overruled.
The State of Oregon, respondent, vs.
John Morgan, appellant. Appeal dismissed
on motion of Attorney-General, appellant
having made default In serving or filing
brief.
In the matter of the will of Verona
Wlchen, deceased, Lydla M. Willis appel
lant, vs. Jeanette Booth, administratrix,
respondent, ordered on motion that re
spondent's time to serve and file ber brief
be extended 10 days.
Admitted to Practice.
The following persons who were last
week examined by the Supreme Court up
on their knowledge of law, were today ad
mitted to the bar:
Roy H. Hurley, John P. Rusk, W. H.
Powell, John M. Peebles, John F. Watts,
Herbert S. McCutchan, Eugene F. Barnes,
George G. Root, William E. Parker, An
drew L. Kavanaugh, Frank L. Morgan,
Drew P. Rice. Fred A. Durham. William
D. Smith, F. L. Frazler, James O. Wat
son, Amos W. Dosch, Oro L. Price.
Charles M. Kissinger, C. E. Lenon. F. M.
Fleming, Clinton E. Woodson, Thaddeua
T. Parker, Hiram A. Johnson, Grant
Corby, Frances C. Richardson. EdmondL.
Ledbetter, J. M. Powell, T. W. Miles. The
examination of E. Scott Snelllng was sat
isfactory, but being a minor the order
ior nis aomission is postponed until he be
comes 21 years of age.
AT THE HOTELS.
THE PORTLAND.
J A Tounjr, San Fran
M C Barrett & wf, Io
B Katz. Philadelphia
Frank Steunenberp,
Boise
R P Lewis. St Louis
R W Skinner. San Fr
C F BriBKS & wf, S F
W S Shea. N Y
D C Schwelzer. S F
A K Jacobs, Oregon Cy
John S Lighter. Astoria
X P Morgan. Saa Fr
- H Doyle. N T
A J Minard. Chicago
R Smith. Perry, Or
H J Ottenhelmer, S F
G W Robinson. Minn.
S R Carey. Phlla
I iieia. u
n.hPF!' Jr.PhllajA Rtngler. Chicago
lH,H Beytlam. S Fj Henry Lockhart, do
J M Haley. Chicago L L Rossnthal, do
G Downing. N Y IW S McKee. do
enry. i.Sohns' N Y H.RCole& wf. St Paul
Mrs F SIHerstone. SFR Brent Mitchell, Jr.
J L Baker, Easton. Pal San Francisco
E Saunders. San Fran ILeland S Foulkea. Ga
Mtss Carroll. San Fr zelle. Cal
P B Cornwall. S F iMlss Grace Pearce.
W H Muschtet, Akron. I Jacksonville, On
,-1?. ,. s E Elmore. Astoria
C K Garey. NY P Shlstad. Astoria
E B Lyon. Mlnnpls
Columbia River Scenery.
Regulator. Line steamers, from Oak
street dock, daily, except Sundays, The
Dalles, Hood River, Cascade Locks,
and return. Call on, or 'fone Agent for
further information.
THE PERKINS.
W C Guthrie. Chicago I W S Hurst, Auror
fTarrlA f"tfmtonl T n ft TJ c-i ...
7. -."-. . j.1 oiciu, lioiso
unuae. wr
C A Rhea, Heppner
W R Ellis. Heppner
R C Wills. Heppner
J A Little. Antelnn
M P Watson. New
w hatcom, wash
i- Jicviuns, wue anu
io sons, i'omeroy
J T Spencer. Salt Lake
Mrs J T Spencer, do
A Loenney, Haines
II J Church, Island
City
S L Hunter, Union
A MacCorquerdale, O
R & N Co
G D HIbbard. San Fr
A R Hodges. San Fr
Jas Cartwrlght; SUan-
lko. Or
J K Sheldon, do
reter uarroll. Pcndltn
p l Hoicomb. Chicago
jars a. ueppie, Okla
homa G S Natron, McMInnvl
Mrs Natron. McMInnvl
H WIthycombe, Cor-
vallls. Or
J Wyman, Corrallls, Or
Mrs J XV Howard, Cor-j
vaails
Miss Dickenson, Astora
rrea uaner, Dallas, Or
S D Smalley, North
East Pa
Chas B Trescott. city
J B Osborne. Atlanta
J E Rose. Granite, Or
Mrs J E,Rose. do
S R Yantls. Kan City
R H Tozier. Scott'sMIls
Mrs A R Tozier, do
W C Burkhart, Albany
W Moeller. Seattle
John McConnell. B C
Fred Malther, Pomeroy
J E Foye, So Bend.Wa
Mrs Foye, do
XV H Douglas. St Paul
H Greaves, Oregon Cy
F Doty. Oregon City
B W Howard, London,
Eng
M T Nolan. The Dalles
A J PIckard. Euceno
JI153 Ausmus. Astoria
Mrs G M Coffman, do
Mrs Chas Bagley, do
M F Hardesty. do
Jas Israel. Olymnla I
J as ilclntosh, oiympi&l
Frank Terrace. Wash
W C Kelsay. Dalles
P T Frlzzell. Dalles
Lawrence Griffith, do
Jos Buckley, city
T T Geer. Salem
II Crough. Dalles
Simon Caro, San Fran
Herman Rossi, Wal
lace. Idaho
E E Randall. St Paul
R Duvai, San Mateo
C G Copcland, SUetz,
Or
G F West. Salem .
E W Cobb. Or
N L Cornelius, Eugene
Mrs N L Cornelius, do
F A Cox. Roseburs I
P Mcintosh, Tillamook! Geo W Hlslop. N Y
C Jack. Jr. HUlsburo
L B Reeder, Pendleton
S Friedman. Salem
jY L MacLeod, Lewis
ton. Idaho
J E Howard, city
J H Beat. Weston
W J Butler. Marshfleld
Mra P M Wilbur. do
Miss Edna O'Connell.do
Wm Parker. Dallas.Or
Ed Beadle. Dallas. Or
Henry Marcotte, As
toria Mrs V J Kennalrd,
J P Fisher. do
A Rlpkards. Astoria
E F Kennedy. Oresn C
Farmlngton, w ash
Thomas Smith, Salem
THE IMPERIAL.
C W. Knowles, Manager.
S Schmidt. Astoria
Mrs M C AlIen.Astori
S J Chadwlck. Colfax
H J Lowry. Los Angls
J C Friendly. Portlnd
W H Flanagan, Grnt's
Pass. Or
Mrs Flanagan, do
Virgil Conn. Paisley
Mrs Conn. Paisley
Dr D T K. Deerlnsr.
Union
Chas S Moore. Salem
David P Mason. Salem
R A Ryrms, La Granda
Ilobt Gaynor. Dallas
f-rea it zieber, ilon
mouth T Camun. Jacksonville
A M Baker, N Y
G S Wolverton, Spokn
Wm H Hampton. Pla
cer. Or
urs wolverton, Spokn
D J Hanna, city
"has Tucker. Salem
Urs Tucker. Salem
C W Fulton. Astoria.
F Richardson. Salem
H Tlbbetts. Cal
D J Fry, Salem
Mrs Fry, Salem
0 W Harness. San Fr
A E Reames, Jackson
ville. Or
K Y Taylor, Klam Flls
W A Balrd. Baker or
E Cannon. Sumnter
Seymour H Bell, do
Mrs Bell.
ao
Mrs Wm Hanley.Burn-:
H J Warner. Denver
L E Morse. Hooa iuvtii w virtue. Jei&na
John H Smith. Astorlatllrs Geo E DeLom,
F C Reed, Astoria j Tacoma
Mrs F C Reed. AstorlaJA. W Gowan, Barns
Miss M Reed, Astoria
Hotel Brunswick, Seattle.
European; first class. Rates, 75c and up. Osa
block from depot. Restaurant next door.
Tacoma Hotel, Am. plan: rates J3 and
up. Donnelly Hotel, Tacoma; European,
50c and up. J. C. Donnelly, Prop.
Hold-up Men Arrested.
Late last evening Officer Parker ar
rested, on his East Side beat, Conrad
Evans and Henry Bauer, suspicious char
acters answering to the description given,
of two men reported to the police station
for several cases- of hold-ups during the
last two weeks. The police officers are
confident of having arrested the right
men, as upon search they found in their
possession a dangerous-looking Iron bar
about 15 inches long, perfectly adapted
to the uses of thugs.
Man is his own star; and the soul that
can
Render an honest and a perfect man.
Commands all light, all Influence, all fate.
Nothing to him falls early or too late.
Our acts our angels are, or good or ill.
Our fatal shadows that walk by us stllL
Epilogue In Beaumont and Fletcher's
"Honest Man's Fortune."
ASHANTEE., REBELLION
REUEP COLUMNS y ENCOUNTERED
'SERIOUSTtESISTANCE.
Rnsaor Cnrrenf "That "Sir 'Frederick
. Hodgson, tbe Governor, Is a
Prisoner.
LONDON, June 11. Cokmel. Willcox, In
command of the Ashantee relief expedi
tion, cables from Phrasu, under date of
June 9, as follows:
"Have Just received a message from
Colonel Career, from Kwtsa. reporting
that he advanced June 6, effecting a Junc
tion with Captain Hall at Bekwal. He
found the rebel forces strongly fortified at
Dompomssle. The fight continued for a
long time, ancV the enemy were dislodged,
but on account of the Iocs of seven Eu
ropean officers wounded and SO other cas
ualties, he was unable to advance, and re
turned to Kwlsa.
"There Is no news from. Kumassl. Koko
fu and Adansi are: In a state of rebellion.
Tho Donglassl are probably Joining " the
rebel forces."
The commandant at the base cables to
the Colonial Office as .follows:
"Cqpe Coast. June 9. Following Is the
purport of a dispatch received .from Cap
tain Hall:
;';!:.L:i7S0"JhJC4Mneath a broken pot. in which slmrn
at Esumeja. EJlnaesl and BekwaL May 22.
Considered It necessary to find out the
strength of the rebel forces to the front
and flank before advancing on Kumassle.
The plan qf the rebql forces was to hold
our front at Ejumum and outflank us
from Kokofu. A garrison was left behind
at EJinassi. The remainder of the forces
were concentrated at Esumejar where we
left SO men and a Maxim. Told King at
Bekwal to advance to Abadon' as soon
as he heard rifle fire or encountered seri
ous opposition. Within half an hour met
rutnnr in n Tnirnfn viiir. romiisprt
the natives and burned the 'village in
their sight- The Kokofu main villages
were then attacked. Eight thousand hold
them for half, an. hour. Was. unable to
o...,o. ,., ..ft,ii,. -ithi,..
n,f.nf tt.w.,..,i a i,r o. -L
wounded. The enemy's loss was consld-
,hi TWMCrf t fcni TRmMn or, n
keep communications open for news
the main body. "
The Dally Mall has the following dls
patch from Accra, dated June 10:
"There is no fresh news from Kumas-1
sle. but persistent rumors are In circula
tion that Sir Frederick Hodgson is a
prisoner."
FAMINE AND CHOLERA.
Terrible Stories of Conditions as
Tliey Exist in India.
LONDON, June 11 The famine in India
grows worse. The Standard's Simla cor-
responaeni, in a man letter, says:
"It would be rash to assume from the
almost stationary relief figures that the
corner will soon be turned. So devastat
.... . . .- .
terror Inspired by this black death that;
the famine relief camps In Bombay Presi-
dency, which contained thousands of
workers, melt away and are left empty
In the course of a couple of days. Starv
ing though they be. the people prefer to
fly to their own homes and to die In quiet i
rather than to remain. In the .famine re
lief camps, where the cholera Is striking
down 100 workers daily.
"Terrible stories come from Dohad.
There the famine is at Its worst, and now
the cholera has arrived to complete the
work. An eye-witness said. 'As we walked
ing nas Dec.n me cnoiera outDreaK. so T- G Davjds0n and wife to Mrs. Har
enormous the mortality and so blind the riet BrlcEs McNeal. lots 7 and 8.
p Used Internally and Externally
Refreshing and invigorating when used in the toilet,
or after shaving. As a remedy it controls all pain,
bleeding and inflammation.
CAUTION Vitch Hazel is NOT Pond's Ex
tract, and cannot he used for it Ordinary Witch
Hazel is sold in hulk, diluted, easily turns sour and
generally contains "wood alcohol' which is an
irritant externally, and, taken internally, is a deadly
potson.
Weak
There is
If your
Do you
(Fig. 1)?
all tell you
Since the
ties as a
quent.
.v.iW& m
I mtis extbIII
04 VT,'&pTKjieT&rtfffF BC
0k
iiPiTPtil
K2L1 jfHfl&.
cures permanently.
HUDYAN is for sale by druggists
$2.50.
If your druggist does not keep
HUDYAN
Cor. Stockton, Ellis and
CONSULT FREE
en
Use Duffy's Pure Malt Whiskey la'tbcir hoeJ
and say It is a blessingto mankind.
Meade Center. Kans.
Mv Dear Bro.: Your favor
vrith the enclosed sun is xt
hand. The facts are these: My
wife vras aojnvalid for several
ears and.on our physician's re-
commendation, usea a certata
preparation with very great
oeneDC l am a rresovteraa
clergyraan.aDoctprof Divinity,
not of Medicine, but I am not
airaid to say that Duny's For
mula and Duffy's. Pure Malt
Whiskey are the purest and
most effective preparations is
medicines I know of. and mv
experience is a large one. lamatemperanceman.
and never used, and would never advise any mas
or woman to use.anv intoxicant as a beverwe. M
recommendation of DunVs Formula and Whiskey
was made after a thorough knowledre of their
CTeatvalneas medicines. The statement was mads
deliberately and based upon facts, and I do not
hesitate to stand by it. The many teroperanca
men who hac written me on this subject do not
feem to realize that l was a temperance man Be
fore, many of them were bom.
Sincerely yours, B. MILLS, D. D.
Du7T MAW Wihsjckt Co . RhMer. K. W
through these quiet streets we saw desortJ
ei homes and dead bodies. One of
bravest acts witnessed was a lltle gJ
about 7 attempting to care for two Utl
brothers after the mother had given
all hope and lain down near them to
ChA Ttna AAItio rt flA TWFilrtK TirrOf
the almost- rotten feet and bones of a
dead animal. The scene cannot be pal:
too black. No account we have ever
of any famine would picture the state o
affairs at Dohad. "
The Standard's, correspondent ays th
mortality estimates are Inaccurate, as" unJ
numbered dead bodies are polluting ths
streams and spreading contagion.
Ilntni in India.
LONDON. June 11.' Tho Viceroy, of
. dia. Lord Curzon, has cabled to the Secre-J
r tary of State for India. Lord George Ham-j
i "n- -announcing inut a, uuu m
" In Southern India that there hav
' uvt;" .. ..... -
i that the meteorological reporter forecast
a srood but late monsoon. The hot weath-
er however still prevails and the fandM
i relief situation has not altered. There are
oft?.0? about 5-S02-cw Persons receiving ra
lief.
;,' 2 DAILYCITY STATISTICS.
: : Real Eitntc Transfers.
James A. Gray et" aL id Thomas Jen
ney, lots 1. 2; 3, and 4, block U, Ma
belville; May 29 ,..-?
Augusta Wustefeld and wife to Aug
ust ntnnol lots 13 and 14. block 5.
John Irvmg's First addttlon; June 1114
James C. Stuart to A. L. Fmley. lot
15, block 2, Richmond addition; June
'J.
-w. c.Westaway and wife to Michael
Devaney, 20x31. Chapman and Mill
streets; May 21
Thomas Scott Brooke et al. to Secur
ity Savings & Trust Co., lots-3. 4.
i a anu t. uiuck. ii-i. runiiuiu. -tiuui -
block 2. Orchard Homes; June 0 73
Martin Sandberg to August J. Jiagen,
lots 23 t o 2S inclusive, block 3J, Tre-
mont; June 6
Deaths.
June 8. Emma Wattle, age 1 month,
rdays-, S92i East Oak street; pneumonia.
June- 8. Gin Fon, age 45 "years; 91 Sec
i 6nd street; consumption.
I Blrtlis.
June 6. Boy, to the wife of Fredric
' Myers, city.
June 5, Boy. to the wife, of Willis EJ
Judson, 3G7 Chapman: 6treet
. r
M
I
Pond's Extract Is sold ONLY in SEALED
bottles, enclosed in buff vrapper, and Is
guaranteed strong and pure.
This fac-simile will guide you when
you call for a botile at the drug store.
POND'S EXTRACT CO.. 76 Fifih Ave.New York.
POND'S EXTRACT OIXTMEXT cures itchtnsr or bleedtaj
Tllta, however lerere, and is a specific in nil akin diseases.
1
9 1
hearts are as numerous as weak stomachs.
scarcely a day that we do not read in our !
daily paper or some prominent person having suc
cumbed to heart disease.
heart flutters, palpitates, or ives evi
dence of growing weakness, begin treatment at once.
HUDYAN will cure. HUDYAN strengthens the
hearts action. HUDYAN rebuilds the broken
down heart structure.
suffer with irregular fluttering of hear
Choking sensation (Fig. 2)? Flushing
ot face upon slight exertion (rig. 3)r Kinginjj in.
ears and throbbing pain in head (Fig. 4)? Weak-'
ness in limbs (Fig. 5)? Cold hands and feet (Fig.
6)? Pain in left side (Fig. 7)? These symptoms;
of-heart disease. Again, you may notice
an irregular pulse, oppressed feeling m chest, dizzy
spells, or tendency to faint.
HUDYAN corrects all the foregoing symptoms.
discovery of this valuable remedy fatal-
result of heart failure have beea less fre
HUDYAN is for men and women, andi
50c a package, or six packages for
HUDYAN, send direct to the
REMEDY CO.
Market Sts., San Francisco, Cal.
Consult free the Hudyan Doctors,
or write to them.