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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 19, 1900)
FT r THE MOUSING- OREGOINIAN, TUESDAY, JUNE 19, 1900. Ifs ' FIVE CASES ARE DECIDED SCPJtEME COURT HANDS DOV.TT a. GRIST OF DECISIONS. The Fin dine" of tlie Lower Court Are in Hack Instance Duly Approved. , SALEM- On, June 15. The Supreme Court today handed down opinions In five lower courts were affirmed. Isaac Herron, appellant, vb. Eagle Min ing Company, a private corporation, re spondent, from Baker County, Rohert Eakin, Judge; affirmed. Opinion by jBean, J. This Is a suit for the specific perform ance of a contract. The facts are, that In September, 1SS6, one Henry Cable, who "was 1 possession as locator of a quartz anlnlng claim in Baker County, known as -the Grey Eagle, entered Into a written contract with D. C. Probasco and A. H. Huntington, by the terms of which he agreed to sell and convey them an undl vfded two-hlrds interest therein in con sideration of their doin& the annual as .BeEBment work for the four consecutive years, beginning "with JSS6; it being stipu lated, however, that In case the whole or any part of the claim should be sold or disposed of by Cable before the ex piration of the four years, Probasco and SHuntlngton should share In the proceeds fche same as though they were the legal iend rightful 6wfiers of the two-thirds in terest In the mine. Probasco and Hunt hngton performed the assessment work tlfor the years 1SSG and 1687. -when- Probasco Hransferred to plaintiff all his rights un ider the contract, and the plaintiff and Huntington thereafter complied with its terms, so as to become entitled on the '1st day ot January, 1SS0, to a conveyance bas stipulated in the contract. About that 4Ime Cable conveyed to Huntington an nn 'divlded cne-third interest In the moic, ibut refused to make a conveyance, to the plaintiff. The defendant corporation has 5een the owner of the mine since Decem ber 7, 1831. but purchased .It with knovrt edge of the plaintiff's rights. This suit vras commenced on December .20, 1SS3, whereupon the defendant interposed a kjemurrer to the complaint on the grounds that it appears upon the face thereof that the suit is barred by, the statute of limita tions, and that it does not state facts sufflclent to constitute a cause of suit, hlch, being sustained and the suit d!a oiissed, plaintiff appeals. In affirming the decision of the lower Jcourt, Justice Bean says: "The contention of the plaintiff Is that thia is a suit for the determination of a claim to or Interest in real property with in the meaning of section SS2. Hill's Ann. Xiaws, and is, therefore, within the 10 years' statute of limitations. The nature of the tltlo or rights acquired oc held by a locator In possession of a mining c'aim prior to his compliance with the provisions of the statute of the United States entitling him to a patent. Is diffi cult to determine from the authorities. Prior to such compliance it is agreed that he has an absolute right of possession. In many states this possessors' right is by etatute declared to be an fntorest in real estate and subject to seizure and sale as such. Barringer & Adams, on mines, section 17; I Lindley on mines, section 535. And in the decision of the courts holding It to be real estate are in most, If not all. Instances based upon such statutory provision. Prior to the law of 1S3S (ses sion las, IfciS. p. 16), we had no statute to that effect, except section 3S30. Hill's Ann. Laws, which Is not Involved here. 3t w as consequently held In Duffy vs. Mix. :i Or. ZS5. and Allen vs. Dunlap. 24 Or.. 220. that the locator of a quartz mine, prior to the time he became entitled to a patent, has a mere right of possession, cr possessory title, which is valuable, and "Kill be protected by lav.-, but is not real estate or an inteiejt in land. This view finds support In the decisions in California that pnoT to the act of 1SG0, providing for the convevance of mining claims they wou'd pass by a verbal fale if accom panied by an actual transfer of the pos csesaion of the ground, because the right to such claim rested on possession only, and did not amount to an interest in the land, and therefore not within the statute of fraud. "In accordance with the doctrine adopt ed by this court, the domurrer must be sustained on the ground that the suit was barred by the statute of limitations. "There is, however, another ground for supporting the decree of the court below. The contract between Cable and the plain tiff's asdgnor manifestly contemplated that Cable should have the Tight to sell and dispose of the mine at any time be fore the completion of the assessment -work, and there is no allegation in the complaint negativing such sale or dispo sition. The decree of the court below will, therefore, be affirmed, and it is so ordered." Pacific Livestock Company, a corpora tion, appellant, vs. James Gentry, respond ent, from Malheur County. M. D. Clifford, Judge; affirmed. Opinion by Moore, J. This was a suit to enjoin an alleged tres. pass, and to recover damages therefor. J une facts are, that one James Sullivan, laving settled on unsurveyed public lands of the United States, known as the Rine foart Springs ranch, in Malheur County, cleared about 40 acres thereof, which he wowed to alfalfa. Irrigating it with water from springs thereon, and about 1SS8 sold said improvements to plaintiff, a corpor ation, engaged in Taislng cattle In Harney and Malheur Counties. This ranch is sit uated on the Owyhee River, which at that place has almost precipitous banks from IftM to 1500 feet high, to that it is Impos sible for cattle to descend to the river for -water. The table lands in the vicinity afford good pnsturage for cattle, which, for a radius of about 10 miles, find water only at said springs. After purchasing these improvements, plaintiff built a flume on the ranch, cleaned out the old ditch, increased the area of cultivated land, and "built corrals and fences, expendinb about $5000 in the original purchase and subse quent improvements. The plaintiff has kept an employe on the ranch to care for its interests. In October, 1S91, plaintiff's superintendent, having learned that the emp.oye in charge of the ranch intended to claim It. in his own right removed him and engaged defendant. Gentry. In his stead, agreeing to pay him 5 per month for his services. In 1S9S the townships in which the Rine 3vart Springs are situated were surveyed by a Deputy United States Surveyor, out kne plat has never been approved. After tne location of the ranch had been thus established. Gentry, claiming to be entitled to file a homestead entry upon a part thereof, built a small cabin thereon, into which he moved and In -which he lived a part of the time. Under an act of Con gress approved June 4, 1SS7, one P. A. Hde. having selected the land Included In the Rinehart Springs ranch, and such selection having been approved, executed deeds to plaintiff, relinquishing all his in terest in said premises. Plaintiff then instituted this suit, alleging that it was the owner in fee of the property. The cause -was referred to "W. L. Coleman to take testimony, and the court decided In favor of the defendant, dismissing the suit. In affirming this decision the Supreme Court holds lhat the jnalntiff does ndt come into court with clean hands, and can, therefore, have no relief In a court of equity. The opinion says: "TVe think tho testimony shows that a conspiracy existed -whereby the defendant as engaged to secure the title for plain tiff, and as such agreement tended to vio late public policy by securing for a private corporation land intended by tho United States for its bona fide settlers. The re maining question Is whether a court of equity, upon the discovery of such fact, -will dlsnrf-s the suit upon Its own motion." It is held that a cqurt -will dismiss such a. suit upon its owm motion. It 'is also held that Hyde's acquisition of title does not change the consequences which fol low the original intent -by which -it was expected th.e tide could be secured. John Muldrlck, William Mason and Farquhar Pinlason. respondents, vs. "Wal ter Brown. J, C Cobb, Charles "WV Sharer and Charles Brown, appellants, from Grant County, M. D. Clifford, Judge: af firmed. Opinion by Bean, J. This -was a suit to enjoin a trespass upon the Zero and Piedmont mining clalma The decree in the court below was in fa vor of the plaintiffs. The opinion of tho Supreme Court says, in part: "The questions presented are substan tially questions of fact. First, was there a valid location made of the Zero and Piedmont claims by their predecessors in interest? Second, docs ay part of tho placer claim as located by the defendants interfere with or cover the ground claimed by the plaintiffs? Third, are the plain tiffs estopped by their conduct from a& aerting their right as against the defend ants? "It is contended that no gold-bearing vein or lode was discovered within the lhnits of either the Zero or Piedmont claims prior to thlr location, and for this reason the plaintiffs are not entitled to the ground as a quartz raining claim. Un der the provisions of section 2320, revised statutes. United States, no right can be acquired to a quartz claim before the dis covery of a vein or lode within its limits, but the finding of ore or metalliferous rock in place in a defined vein js suClcient to satisfy the statute, although it does not contain ore in paying quantities." This is the only point of law quoted. After reviewing the evidence, the opinion holds that the claim? were validly lo cated, and that the placer claim interferes with the ground claimed by plaintiffs. On the question of estoppel. It was claimed that plaintiffs should not be al lowed to enjoin the defendants, as, they had encouraged defendants to locate their claim and purchase another claim with water rights. The plaintiffs denied this. The court holds that--the preponderance of the evidence is In favor of plaintiffs, and that they are not estopped. The de cree is affirmed, except in so far as it may enjoin the defendants from using that portion of the Hupprlch ditch .which passes over or across the Zero claim for the purpose of conveying water therein. To that extent it is modWedi Cora McBean by J. Howard Howe, guardian ad litem, appellant, vs. Jane McBean, Mary Lafavre, Charles McBean, Henry McBean, Jessie Devine, Eliza Plueker. James McBean, Flora McBean, CaKlste T. G. MespKe, Mary J. Chatter ton, Melanie MespHe, Calestlne Mesplfe, Theodore JJIesplie, Lencre Rogers, Adeline C. MespITe: T. Charles MespTIe, Julius Mesplie, and G. W. Harper, as United Stages Indian agent, at the Umatilla res ervation, respondents; from Umatilla County: S. A. Lowell, Judge; affirmed. Opinion by "VVolverton, C J. The opinion says, in part: "John McBran, an elldttee of 160 acres of the Uniatflla reservation, in Umatilla County, Oregon, designated In the allot ment as "Cayouse mixed blood No. SS8. died: intestate, leaving surviving him his mother, brothers and sisters, nieces and nephews, who are the defendants "herein. The plaintiff claims to be his grand daughter, and the only living descendant of heritable blood, and the purpose of this suit is to determine her right to tSie title and to the rents and profits of the land so allotted to him. "Plaintiff is tihe daughter of William (McBean, the son of John and an Indian women whose maiden name was Jane TImoochin. the daughter oZ the Xez Perces chief. The question upon wbich the case hinges Is wihether "WHUam was born in lawful wedlock, as to which there is much conflict in the testimony. John McBean was of mixed blood, but had no tr?bal relations with the Indians until 18S7, when he "was adopted by the Uma tlllas chiefly for the purpose of shoring In the .allotment. When about 14 years old he was employed by the general Gov ernment as Interpreter between the In dians and the agents and representatives of the Government. Atfter reviewing the evidence, the opin ion holds that John was never married to Ttaoochln's daughter according to the rites of the Catholic church, as claimed, and that the next Inquiry Is whether these parties -were married according to the recognized and established Indian custom then In vogue with the tribe to wfcich the parties, or one of them, be longed. "As a general proposition It is well set tled that a marriage valid according to tho law or custom of the place where It is contracted Is valid everywhere. . . . Where the marriage Is between members cf the tribe, conforming to tribal cus toms, the union will be recognized as constituting a valid marriage In the State and Federal Courts. If valid everywhere, it follows as a logical sequence that the offspring of the contracting parties will take from them by the rules of inheri tance in vogue in the state- or country of their adoption. "The evidence has Impressed us that the prevalent marriage custom was the one which has for its basis the purchase of the -wife by the relatives of the in tended husband, especially where it com cerns the marriage of young persons. . . . . There is no direct proof that John MoBean and Timoochln's daughter were ever married In accordance with the cus toms prevailing. . . . The proofs indi cate that the relations between these people were meretricious from their in ceptSon. . . . Such relations do not con stitute a marital union . . . and there for the child has no Inhorltable blood by w&ich he would be entitled to the real estate of the father. "It Is contended that. It having been shown that William McBean Is the son of John McBean, the plaintiff would in herit from the grandfather by virtue of the act of Congress of February 2S. 1S91. . . . The act of 11 is an amendment of an original act (1SS7), ... a general one applying to the Indians upon the various reservations. It was enacted and became a law subsequent to the act pro viding for the allotment of lands upon the Umatilla Indian reservation. That net was adopted March 3. 1S53. and it was enacted thereby 'that the law of aliena tion and descent in force in the State of Oregon shall apply thereto after patents have been executed, except as herein otherwise provided. The act of 1SS5 was special In its nature, affecting none but the Umatilla reservation and the confed erated tribes Inhabiting the same. While the act of 1SS7 was general in its pur pose, it seems there was no Intention of extending its provisions to the Uma tilla reservation and the Indians con cerned. . . . The amendment of 1891 to the general act did not affect the special net. The laws of descnt within this state are. therefore, applicable to the present controversy, and not those denoted by the acts of Congress of 1KS7 and 1SW. The plaintiff cannot, therefore, inherit through her father the property of her grand father, John McBean. Jaanes JL Hutchinson and W. R. Hutch inson, partners doing business under the firm name of Hutchinson Bros., respond ents, vs. H. O. Gorham and Herman RoththlM. partners doing doing business under thft firm name cf Gorham & Rcth cW'd. and D. T. K. Deericg. Sheriff of Union County. Oregon. appellants; from Union County: Robert Eakin. Judge; af firmed. Opinion by Mocre, J. This Is a suit to enjoin ie sale of cer tain Teal property or execution. The facts are that on June IS. lSSS. one W. W. Ellis "was the owner Jn fee of 1C0 acres of land Jn Union County. Oregon, on whrch day judgment of default was ren dered against him for the sura of $2079 K. In the Circuit Court of the State of Ore gon for Biker County, in an action -wherein the defendants. H. O. Gorham and Herman Rothehlld. as partners, un der the firm name of Gorhasn & Roth chlld. were plaintiffs. That on September 7. 1SSS, sad defendants, as plaintiffs therein, caused to be filed in the office of tho County Court of Union County a memorandum, purporting to be a tran scriat oi said judgment, whereupon said Clerk made an entry in the judgment docket of 6aid county on page 3 of vol ume B. under the index "B." That la December. 3SSS. the plajntiffs herein loaned to EJlis tho sum cf 51300. to secure the payment of which he executed a mort- gage on 6a5d real property, and on Feb ruary C, 1S9G, deeded the same to them in payment "of the mortgage debt, which then amounted to 51S25. That on April 20, 1SS9, an execution was Issued on said' judgment, directed to the Sheriff of Union County, wao.in pursuance thereof, levied on said real property and advertised it for sale, to prevent which this 6uit was instituted, plaintiffs alleging- that they were the owners in fee of said land, which they purchased -without knowl edge or notice of said judgment, and that a sale of the premises on said execution would create a cloud on their title. The answer having put in issue the allega tions of the complaint, a trial was had, resulting in a decre as prayed for, and the defendants appeal. Neither the judgment docket Tn Union County nor the transcript from Baker County shows that the judgment was ever docketed In Baker Ccunty. It is therefore held that the entries do not TecSte facts sufficient to- comply with the statute, and that no llet is created. iHnor orders were made as follows: John Kiernan, respondent, vs. V. Kratx. appellant: ordered that appellant have until September 15. 1SO0. to file his brief herein. In re estate of W. J Herren, Claude Gatch. administrator, respondent, vs. M. U. Hunt, administrator, et oL, appel lants; ordered that appellants Albert. Simpson and Hubbard have until June 23. 19X), to file the abstract herein. T. C Benson, respondent, vs. George Keller et al.. appellants; petition for re hearing denied. South Portland Land Company, re spondents, vs. Abble K. Munger et aL, appellants: petition for rehearing overruled. greek Arms rNrncrs graix. Coming: So Early. "Will Do Great Damage-?Tcw Cliurcn TInililtn?. MOKROE, Or., June IS. Green aphis has made its appearance on wheat, cats and rye. Coming so early In the reason. It promises to do great damage to growing crops. Several fields of grain were ex amined yesterday in this vicinity, and In every instance numbers of this species of post were found. Bearded wheat,, which Is claimed to be invulnerable to Its attacks, was found to fare worse than any other variety. White Russian oats were also more heavily loaded with the bug than any other kind. Simpson's Chapel, a noted landmark In the history of. Methodism on this Coast, is soon to be replaced by a modern $2000 building. The new structure will be erected one mile south of the old location, a site and S1SO0 having been donated with this understanding.. FULL SHARE PRIVILEGE GRANTED. Snlem Conncll Trannncts Routine BoalncitN Financial Statement. SALEM. Or., June IS. At Us meeting tonight, tho City Council passed the ordi nance granting Horst Bros, the privilege of erecting a private telephone line through the city, and also an ordinance providing for the construction of a sewer in block 61, just south of the steel bridge. Councllmen Riggs, Walker and Bur roughs were authorized to procure a new horse for the heee team. It was ordered that $15 per day be charged for the use of Armorj- Hall. City Recorder Judah's financial state ment shows receipts for the first half of 1900, $12,272; disbursements, $12,739; deficit, $467; estimated receipts for second half year, $1S,C02; disbursements, $13,500; bal ance, 55102. SHORT -WHEAT CROP. Rnln "Wan of Great Benefit, and Sprlnjr Grain Will Turn Ont Well. ALBANY, Or.. June IS. Reports of a short wheat crop are general In thia part of the Valley. A generous rain of two days, though, will lessen the shortage of Spring grain considerably, and there prom ises to be a good crop. Fall wheat will undoubtedly be the poorest crop for sev eral years. Such reports do not cause the uneasiness they "did before the pres-' ent system of diversified farming, which is rapidly increasing throughout the Vallej-. NORTHWEST DEAD. John Vnss, of Baker City, Prominent Mining Expert. BAKER CITY, June 18. John Vass, one of the best known mining experts in the West, died here last night. Mr. Vass whs born in Canada, October 24, 1854. He arrived on this coast In 1S70, and was a prominent factor in the development of Eastern Oregon m'nes. He left a wife and three children. Lane County Vote on Amendment, EUGDXE, Or., June IS. The vote In Lane County on the proposed constltu tional amendments was: Municipal in debtednessFor, 847; against, 1292. In creasing judiciary For, C52; against, 1S21. Irrigation For, CC0; against, 1295. Re pealing negro clause For, 1010; against, 992. Suffrage For, 13S3; against, 127L Oregon Notes. The diphtheria scare at Athena has about subsided. Every cottage at the Yaquina Bay Sum mer resort is said to be rented. Sumpter's new electric light plant will go into operation In a few days. Wheeler County pioneers will hold their second annual meeting at Fossil. July 30. Work will commence at once on the building for a sash and door factory at Coquille City. Antelope has decided to Issue bonds for $1500 in order to make repairs and im prove the public water works. The new stage line from Cuprum to Carson Is now In operation, the first trip having been made last week. Many more mechanics and laborers would now be at work In the burnt district at Lakeview, were it not for the scarcity of lumber. It Is reported by the Granite Gem that a four-foot ledge of $90 gold ore has been encountered In a tunnel of the Mastiff, four miles north of Granite. A Baker City residence was set on fire by lightning Friday afternoon. The flames were discovered before any damage was done. Great havoc was also played with the telephone line. Fred Kane, of Sumptcr, was badly in jured last Tuesday by being kicked by a fractious horse. His hip bone was bad ly Injured, and he received a Very severe cut in the abdomen. While loading Indian ponies for the Linnton abattoir at La Grande Friday, George Brown was kicked in the face by an animal, knocked' down, tramped on and quite seriously injured. Many of the leading farmers were in the city Saturday, and they wfre nearly unanimous that Lane County would not harvest over a half crop of wheat this Fall, says the Eugene Guard. The Coquille Herald learns that the Northern Pacific Company is locating Its lieu land scrip on the great white cedar strip on the Upper Sixes, the greatest today and almost only timber of that kind now in existence. The son of Tom Mulkey. living near Willow Ranch, in -Lake County, met with a fr'ghtfnl aecident last week by being thrown from a horse. One of his legs was badly crushed and" broken In three places, the bones protruding from the flesh. Doubtless the big firer. in the mountains west from La"keview will cause Immense damage to the timber in that section. It seems impossible to prevent these forest fires, as they are of annual occurrence. The ranges are yet too green for the. blaze to have been started purposely. The Huntington News claims to have official Information that the Northwest Railway Company will soon extend ka line on down the Snake River to Lewis ton. A number of mile;) of the grade was finished last year, but the work was stopped by financial embarrassment of the promoters. CLOSE OE SCHOOL YEAR GOOD SPEAKERS AXD LARGE ATJD rEXCES A FEATURE. Members of the Graduating; Classes Are From Forest Grove, Mon- moatU and Albany CoIIefrea. FOREST GROVE, June IS. The junior exhibition of commencement week oc curred this afternoon. It was the pres entation of "Der Candldat," a German comedy, by August ZInck. The unfavor able -weather prevented the exercises tak ing place under the oaks on the campus, as had been planned, but the auditorium of Marsh Hall was speedQy arranged to represent the pastor's garden in a German village. Each and every part was well handled and reflected credit all around. The costumes of the players were very pretty, and added .not a little to the at tractiveness of the play. The Wilder harp and mandolin quartet played appro priate music between the scenes. After the play, the junior class gave a recop tion to their friends. In the evening, an address was given before tho literary societies of the uni versity, by Rev. William R. Lord, D.'D., of Portland. The music for these "exercises was fur nished by the harp and mandolin quartet. The exercises of the day closed with a reception to the college students by Su perintendent and Mrs. C. F. Clapp at their residence in South Park. EXERCISES AT ALBANY COLLEGE. Ttto Able Addresses Heard by Large AndleneeM. ALBANY, Or., June 17. Albany College thia forenoon was favored with a bac calaureate sermon by Rev. H. W. Kel logg, D. D., of a Portland M. E, church, which was delivered in the United Presby terian Church, before" a large audience. His text was. "All things are youra," which he treated in a comprehensive way. The Invocation was delivered by Dr. Lee, of Portland, the father of four preachers, including the president of the college. In the evening, at the Methodist Epis copal Church, the anhual address to the religious societies of thfe college .was de livered by O. A. Petty., of .the Allegheny, Pa., Theological Seminary, an Impressive effort. ALBANY, June IS. The Junior enter tainment of Albany College tonight, was a meritorious one. Orations were deliv ered by Addle Chamberlain on "Music a Factor in Human Civilization," and by C. A. Mulkey on "The Night Brings Out the Stars." Essays were read by Leana Franci9 an "Silent Influences"; Emma Brenner on "Ideal"'; Theresa Batiragart on "The Survival of tho Fittest," and Jeanette MeKechnle on "Almost, But Not Altogether." AT MONMOUTH NORMAL. Great Interest Shown in Commence ment Exerciser. MONMOUTH. June 18. Great Interest was shown yesterday by the friends and patrons of the Normal School in the commencement exercises, opening with the baccalaureate sermon by Rev. George B. Van Waters, of Portland. The chapel was filled with an appreciative audience, who listened to a very interesting and practical sermon. The speaker chose for his text. Phillppians 1H:14. This afternoon was taken up with the class exercises, which included orations, a prophecy, and a poem by members of the class. 3ITNE SURVEY .ORDERED. Baker City and Snmpter District to Be Surveyed by Government. WASHINGTON, June IS. Director Wai cott, of the Geological Survey, has given instructions for having a survey made of tho Baker City and Sumpter gold re gion of Oregon, during the present Sum mer, and a party under Walter M. Llnd gren will start for that locality In a few dajs. This survey has been ordered in compliance with numerous petitions that have been -filed with the Geological Survey from miners in the vicinity. The survey officials appreciate the necessity for further well established facts which will be valuable In developing thts new gold field, and to this end their ef forts win be bent. The area to be sur veyed is about 50 by 70 miles, with Baker City and Sumpter as its center. Repre sentative Moody, before leaving for Philadelphia, explained the Importance of this survey and examination. Quotations of Mining Stocks. SPOKANE. June 18. The closing bids mining1 stocks today were: Biacktail $0 17 Butte & Boston. Z Deer Trail Con.. & Evenfn8r Stnr ... 7 Gold Ledge 2 Mount. Lion ....$0 Morn. Glorr Princess Maud... Reservation .... Sullivan Tom Thumb .... BulT. H. Dev.... Big Iron 13 12 11H31 4n 3t Olden Harvest. I. X. L Insurgent Lone Pine Surp. 14 SAX FRANCISCO, June IS The offlctal clos Ins -quotations for raining stocks today were: Alta SO OSlJnstlce SO OS Alpha Con .... Andes Belcher , Best & Belcher. SlMexiean 20 ISlOphlr 75 V-tWil4 UJU ... 1,) Overman 1' Bullion 4 Caledonia 1 15 Challenge Con ... 13 Chollar 10 Confidence (A Con. Cal. fc Va... 1 5f Crown Point t Gould Jc Curry... 13 Hal & Korcross.. 20 Potosl is Savage 10 Seg. Belcher 4 Sierra Nevada .... 2S Stiver Hill 55 Standard 4 00 Union Con 20 Utah Con 14 Yellow Jacket .... 13 NEW TORK. June IS Mining stocks today closed as follows: Chollar $0 1 Crown Point Ontario $S 50 Ophlr 73 Plymouth 10 Qaiexsllver 1 50 do pref 7 50 Con. Cal. ii Va... Deadwood Gould & Curry.. Hale & NorCKMr. Homest&ke Iron Silver Mexican 1 45 -55 10! 24iSIta Nevada 23 50 00 Standard 3 00 5-51 Union Con 13 201 Ti ITellow Jacket ... TWO BULLS DESTROYED. Plaining: and Flouring Mills Burned Moscow Threatened. MOSCOW, Idaho. June 18. A fire last night completely destroyed the planing mill plant of the Moscow Saw Mill Com pany, entailing a loss of $5500. with insur ance of 500. The origin of the fire is a mystery. For a while the business por tion of the city was threatened. Fire also destros"ed the large flouring mill at Kendrick last night. CONTESTS FOR PUBLIC LANDS. Over Sixtr Cas.es Filed In tlie Van couver Land Office. VANCOUVER, June IS. Upwards of CO contests on pubUe lands, in the Vancou ver land district, have been filed, and are waiting to be heard in the local Land Office. About SS of the, number have been filed by homesteaders whose filings were rejected on account of conflict with script fiKngs of tho Northern Pacific Railroad Company and other corporations. The dates of hearings extern! from July to the latter part of September. Forest Rangers Appointed. SALEM. June IS. Captain S. B. Orms by. Superintendent of the Forest Reserve, tdd&y received notice that the following persons were reappointed forest rangers. at salaries of $60 per month, to take effcsci June 1C, or as eoon thereafter as they enter upon their duties: "S. R. Wrtaht. W. I E. Wells, R. W. Teatch, D. D. Shaw, A. C. Moad. J. W. Staats. il. D. Markham, W. 2C. Morse. L. R. Llvermore, Hnry Ireland. W. H. Hes3eman. H. A, Foster, K. J. Ferrell. D. A. Carter, a C Ban rum. A- L. Morris, T. J. klaupln, Jr., J. C. MCCully. Harry Lnngell, W. G. Krop- J ko, -A. 8. Ireland, Ephrlcm Hecaess, C T. "Dodd, C. F. Elgin, J. L Chapman, Adolph AschofL George W. Woods. J. H. Wick. W. P. Vandeveit, H. S. Rich mond. Each is required to be provicea with a eaddle horse and equipments, av his own expense. The furloughs granted Nathaniel Lan--gell and W. H. H. Dufur, November 1. 189Q. have terminated, and the;: have been restored to duty ae forest, supervisors. Mine to Reauaie Wort. Sumpter American. The Bunker Hill properties owned by Canadian capitalists and located on the Ibex road about Ave miles from town ara preparing to resume development work. A large force- of men. It is -said, will be placed at work next week, and opera tions resumed on a large scale. Charles Miller, the pioneer mine pro moter, who again has obtained control of the old Monumental mine, four miles from Granite. Is preparing to reopen the property. He Is said to have Interested San Francisco and Portland capita!, and If the reported assays are reliable, the Monumental will add another , producing mine to the district. AInakan Murdered for His Money. VANCOUVER, B. C, Juno 18. Among the news' brought by the steamer, Alpha wa3 "that of a shocking murder -at the Indian village of Otapullk, 22 miles from Port Safety, and 10 miles from Cape Nome. The name of the murdered man Is said to be Thomas Mackgowan. His body was frightfully mutilated. From what the crew of the Alpha say, the man was undoubtedly murdered for his money. Indians say that the dead man, when last seen alive, was in company with two other white men. Clackamas TencheM' Examination. OREGON CITY, June IS. County Su perintendent Bowland today- completed the grading of the papers of 84 eighth grade pupils in the county, who took "the uniform examination recently Instituted by the Superintendent of Public Instruc tion. Thirty-seven out of this number were granted certificates, others only taking- an examination in a part of the course. State Superintendent Ackerman giving them the privilege of completing the examination lnthe remaining- studies next November. Peculiar Gnn 'Accident. ALBANY, Or., June 18. A peculiar gun accident happened a few miles from here yesterday. The 18-year-old sen of William Abraham and the li-year-pld eon of a neighbor were In a field together, when the latter fired a 32-callber rlffe at a bird on a rock. The bullet struck the rock and bounded directly Into the thigh ot young Abraham, who was b6nt over towards the ground "near by. The bullet was Imbedded deep, and an Albany sur geon hao not yet located It. Oregon Cltr "Hotcs. OREGON CITY, Or., June 18. Peter Foote, of Oswego, aged 31, was committed to the Insane Asylum today. His mmd is affected on religious topics. He previous ly served a commitment im the Wash ington State Insane Asylum- -H. C. Stevens has let the contract for excavating a foundation preparatory to building a two-story frame structure on the corner of Sixth and Main streets. The lower story will be .used for stores' and the upper for offices. State Asylum Notes. SALEM, Or., June 18. Mrs. A. A. Taw, of Sllverton, was today committed to the asylum from Marion County. She was a pattent at the Iowa State Insane Asy lum six years ago. .Mrs. Mary Walsh,--aged EO, died at the asylum last night. She leaves a hue band and five children residing in Port land. J. F. Oakman, of Burns, was received at the asylum today on a commitment from Harney 3ounty. Bnrglnr Caught In" the Xcf. OHEHALIS.-Or.. June 18. Frank Swl gert captured Joe "Bern! er mthe lact of burglarizing Itfs'-'hftusVat' Fores't yester day evening," "h no "turned hhn over to the officers. "TbiB"it)rnihg, Bernler plead guilty and -was""bvJUnd- over to the Su perior Court. "J IO-'is" likely ihe will be taken before'Jud&e 'Elliott within a day or two to plead;" SteamerFro-ni Skagrvay. VANCOUVER. B C, June IS. The steamer Cutch arrived from Skagway to day with 25 passengers, most of them, be ing from Dawson. She had J100.CO0 worth of gold dust on board. After a stay of three hours here, the Cutch left for Seattle, with the majority of her passen gers, who are Americans. Washington Notes. A freo kindergarten school will be opened at New Whatcom. Plans have been completed for a 16000 Methodist church at Everett, Wash. An eagle measuring seven feet from tip to tip was killed near Dixie Friday after noon. The Great Northern Railroad will In augurate a fast freight service between Seattle and Whatcom. Seattle sportsmen have petitioned the County Commissioners for the appoint ment of a Game Warden. Tha green aphis has made its appear ance In Palouse wheat fields, and is doing considerable damage. The North Yakima School Board for a secopd time rejected ail bids for the erection of a new 111,030 schoolhouse. Tacoma will offer a $110 silver cup as the prize for a competitive drill between the 12 companies of the National Guard, which will celebrate there July 4. Walla Walla has granted a franchise to an Eastern company for the erection of a gas and electric light plant. Con struction work, will commence immedT. ately. Captain B. F. Cheever, of Fort Walla Walla, senior officer of the horse board, will commence the purchase, of 500 cav alry horses for use in the Philippines, next Tuesday. The Puget Sound Warehouse Company Saturday purchased 2700 6acks of wheat from William EwaldV of Walla Walla, the consideration being 47 cents per bushel on the car. Four residences' in Puyallup were en tered by burglars Saturday evening. Their gain was small. They were very cool about it, striking matches and tak ing time in their search for valuables. Within 10 days over Eo.000 bushels of wheat have been gold by farmers near Waitsburg. The price ranged from 42 to 44 cents, according t6 grade. r The railroads are hustling for empty cars to move the grain, as it Is wanted for ex port. Interest on Walla Walla County war rants has been reduced from 6 to 5 per eent, by Auditor MeLean. A notice to that effect was posted Saturday. Under the state law the County- Auditor can reduce the rata of interest,, and he has done so. Davenport business men will build a railroad from that city to the Cedar Canyon section, to decora a portion of the mining trade. Two hundred men are at present employed In the mines, and the development of tha country ia in its Infancy. Fedinsr the 3Iul tirade. London Dallv Mail. What it means to feed the hordes that flock into Paris at exhibition time words can only feebly convey. In 1SS3 the quan tity of butcher's meat brought Into Paris was 7140 tons greater than the total of the previous year. Game and poultry showed an Increase of nearly 30CQ tons, fish an Increase of 600 tons, and butter of 1120 tons. The number of eggs again went up-to the extent of 2S.CO0.0CO. The total of these commodities brought Into the capital during 1$S9 was 1S4.CC0 tons of butchers' moat, 27,000 toes of game anil poultry, 25,400 tons of fish. 13,(50 tons of butter; and 455,600,000 eggs. PRICES OF SALMON FIXED COLUMBU PACKERS' ASSOCIATION ESTABLISHES TEMP ORAUY, RATE. Indications Tnnt Price of Raw"FIs!i Will Advance Slack 2tnn of Fl.iU for Jane. ASTORIA. June 18. At a meeting of the executive committee of the Colombia HlVer Packers' Association, held In this City today, the following prices were temporarily fixed for canned salmon, viz: Tails, per dozen. $1 65; flats. $1 SO; hair pounds. $1 Co. How long theso- prices may be maintained is stated by a prominent officer of the association to be problem atical, since the "whole situation, both as to the future price of the finished prod uct and raw material, depends upon the quantity and quality of the July runs of fish. Up to ibis time, the Tim for June has been unusuaMy slack, and there are now strong indications that the price of raw flsh will advance at least ' cent per. pound. To Stop niesral Fishing. Deputy Fish Cminissi0ners LougherjV of Oregon, and Butts, of Washington, started out last Tuesday to patrol the river for illegal fishing, and have not been heard of since, except that they were at Knappa on Wednesday., for a short time. It "was their Intention to de vote attention to the north side; of the river. w Work on Quarantine Station. Work on the new Government. quaran tine station, near Knappton, was com menced this morning. Court Convencn. The June term of Che Circuit Court was convened today by Judge QffcBride. It is an equity term, and will be in session about two weeks. CHARGED WTTH PERJURY. Seven Pacific Connty Men . Under J Arrest.. SEATTLE, June 18. Deputy United States-Marshals today "brougltt to thipc ty edven residents of Paelfic Ccunty, near South Bend, who were arrested as a re sult of bench warrants foundpd upon . grand jury indictments chargim? theni with perjury. The men nrrested are Jamco Barry, "W- G. Rugsley, Alberv Riddell, Henry Parsell, Edgar ParseU, Benjamin Armstrong and Eugene Rid dell. r They are accused of having obi talned final proof papers for their home-, stead claim's upon affidavit's that their 'homesteads contained thousands of dol lars' worth of improvements, when, ins fact, the Improvements were in all In stances nominal, and in some cases pure ly visionary: Armstrong is a prominent Pacific County logger, who Is reputed to be wealthy. None of the men will tars, regarding' the charges preferred against them. The arreets are the direct result. Qf Investigations made by special agents of the Interior Department, under specinc, directions from Washington City. Idaho Notes. The work of macadamizing Main street, 3To3cowr has begun. , The-snowr has nearly disappeared from the mountains la Shoshone County. ' A hall storm Saturday did great injury to wheat and fruit in Latah County. The Idaho State Journal, a weekly Republlcan paper, made its appearance at Boise last Friday. The Standard Oil Company has pur chased a site and will erect a large ware house at Lerwiston., It will make this their distributing point for a large sec tion of country for. their oil. The Great Northern Railroad is having soma trouble with the. sinking of the grade near. Sandpoint- Saturday night the grade sank, about 15 feet, necessitat ing the txansferrlnjg ot tie malls, ba gage and ..express. Memoranda on Visiting Cards. . Chloago-Itecord.- Some people have a bad habit of mak ing notes on the back of visiting card? and then putting, them into their pockets or cardcasea. . On the last Wednesday be fore Lent tho ladles, of the Cabinet held their final reception for .the season, ar.d had an unusually large number of call erg. 'Among the cards that were left upon the tray In tho hall one of tbenj found two that bore Interesting and Im portant memoranda. The names upon tha other side were well known to the lady. One of them Ig that of a gentleman who stands for stateymansbip, patriotism, oratory and almost everything ihat 1? good and great. He Is a happy husband and devoted father, and his interest in his own domestic affair's was demonstrat ed on tho back of the card by this shop ping list: "Two bots, beef. Iron and wine," "tooth brush," "tooth powder," "digestive' tab lets," "soap." The other card was that cf a Congress man's wife, and It bore the following-note: "The last cook -you sent us got drunk and Insolent. Send a white woman if you can get a good one: if not, the best col ored one on your list. This is- the last time I shall patronize you." Evidently this card should have gone to some intelligence office, instead of being left on the tray at the residence of the Cabinet Minister. There was quite a. con troversy that evening between the latter and his wife as to whether she ought to 9end these cards to the persons mot In terested. He thought It was her duty to Refreshing and invigorating IMP SK , lip Plfll Pilll m$k Used Internally and Externally wm. or after shaving. As a remedy it controls all pain, bleeding and inflammation. CAUTION WUch 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 poison R55 IFgifeiiBMMiH KZ. AI.'UV j5?W Pond's Extract is sold ONLY in SEALED bottles, enclosed In buff wrapper, and is guaranteed strong and pure. This fac-simile will guide .you when you call for a bottle al the drug store. POND'S EXTRACT CO.. 76 Fifth Ave., New York. POSITS EXTRACT OINTMENT enres itrhrac or bleedinz lies, lMnrererseviere, and Is a specific Isi all ttn dbeases. Plies 3: 9fi Muctumb vrrtVrSL do so. She said that it would only mor tify them. The Poet Herrlck. "This much," says the poet A'drich In the Century, "may- be conceded to Her rick's verse: At Its best It has wings that carry it nearly as close to heaven's gate as any of Shakespeare's lark-like Inter ludes. The brevity of the poems and their uniform smoothness- sometimes produce the effect of monotony. The crowded richness of the line advises a desultory reading; But one must go back to them again and again. They bewitch the mem ory, having once caught it. and insist on saying themselves over and over. Among .the poets of England, the author of the "Hespendes remains, and islikely to re main, unique. As Shakespeare " stands alone In. his vast domain, so Herrlck stards alone in bis scanty plot of ground. " 'Shine, poet, in thy place and be coP" tent. Frail Historians of Sevresi.' Philadelphia Record. Only 2" miles southwest of Paris, Sevrea Is well known to tourists. Beautiful por celain has been manufactured hero s'nee I75C, the royalties and republics which fol lowed each other taking pains to have each period stamped on the back of every piece made, initials of kings, the date, and often the palace for which designed was placed plainly on the plate. Thu3 in this silent but most -tloquent way these frail historians indicate tho changeful, brfljlant story of their native land. Scandinavians are numerous in New Zealand, and Germans In South Austra lia. No IVSore Dread ' cfthe Dental Chair TEETH BXTRACTED AND FILLED ABSO-, t-UTELY WITHOUT PAIN, by our Ule stfen-, tlfltf method applied to the sums. No sleep-) producing agents or cocaine. Those are the only dental parlors in Port land havtnc PATENTED APPLIANCES and ingredlenta to extract, fill and apply, gold crowns and porcelain crowns undetectable fvora natural teeth, and warranted for 10 yoars. WITHOUT THB LQAST PAIN. Tull. ptt of teeth $5, a perfect, fit eruanuited or no pay. Gold crowns, 53. Cold fllllHffs, $1 Stlvr aillnTa. 60c All work done by GRADUATE. DENTISTS of frrra 12 to 20 years experience, and ach aepartment In charce at a. specialist.' GIi ui a. pall, and jou -vlll find U3 to dp ex- actlv as vft advertise. Wo will tell you in ad vance exactly "what your work will oast by il-REC EXAMINATION. SET TEETH ....v.... .'55.OO. GOLD -CROWNS $5.00 Gi?LD FILLINGS ......... $l.CO SILVER. FILLINGS .GO m piahs m tev York Dental Parlors .Fcurlh and Morrison Sta., Portland HOURS. 3 TO 3: SUNDATS. 10 TO 4. Branch OfBce. 7S3 Market St.. San Francl3ca 4-4--M"4-r-fr4--I'4''i-i'4-'l'-K4-K DoTi't fall to try 4 ESMli'S PILL! r tvhen suffering from any bsd 3 i condition of tho Siomaoh X of Liver. 4 IO cents and Ei cents, at firns-stores. THIS BADGE Is an "emblem 'br consideration" -and s'gnlfies 'th6 wear er's intention to- help the P.etail Cleks and mer chants to shorter hours by makirg ail purchases before C P. M. REYNOLD'S 3JJ cswsza Spesifie il Fev persons' need lif fnnfTnff! hv Goutor Rheumatism, if on thenrnhrrroacb of the paroxysm thty have recourse to this rem edv; thru, a sincle dre is oftcii sufficient. C'POVGKIU. .Sc CO.. HU-iiO A. IV UHac: St...V.Y. The Oregon' Mining Stock Exchange Auditorium. Chamber of Commerce Bids , P. O. box G70. Pcrtlans. Or. Telephone Main S10 J. E. Haspltlne, Pre?. . Dav M Gocdsll Treaa ; F. J. Har. See. Directors L. G. Clarke. J. E. Maseltin. Da vid Goo'lsell, P. J. Jennings, I. G. Davidson, F. V. Drake. E. A. Clem. Oregon IVfines . . . Davison, Ward & Co, Invite the attention of mining- Investors" to thia promising field. The deal In - ' JUNES. STOCKS. LBriSS AND BONDS. Only property of merit, after careful Investi gation, wfil be handled. Members Qzcgan Min ing Exchange Correspondence solicit!!. 40S CHAMBER OF COMMERCE. when used in the toilet, fiPRt bjzzn- K-uj's.:-- xCbj tftfm lyi till iOI 11 m& VfZ&d " ' ! in 1 1 mil