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