THE MOENING OREGONIAN, THURSDAY, AUGUST 23, 1900.
yFE-POLICY SUIT
Insurance Company Refuses
to Pay Risk on Geary.
HE WAS KILLED IN THE PHILIPPINES
Clause Korljid'Enjagring- In Wa.T, nnt
Company Was Notified and Ac
cepted Premiums Regularly.
CORVALLIS, Or.. Aug; 22. Mrs. Maud
Geary., widow of the late Captain "Wood
bridge Geary, has begun suit, in, the Ben
ton County 'Circuit Court against the
IProvident Savings Life Assurance Bocl
ety of Kew York, for the recovery of
tho sum 'of $3)00. The amount represents
the policy held with the company by Cap
tain Geary at the time he was killed In
the' Philippines- Toe. policy was made
tjayablerto- MrjC pcty wltliiri'atf days
Alt&r p&oT of drfth.i"Th4 fdmniny has
been .loraifhad ,vjith herxfor.of' death,
but recuses to pay: The grounds for the
refusal are the following clause in the
printed pollc to which Captain Geary
subscribed when taking out the pollcyi
"That I will not personally engage In
military or naval service In time of -war
without first obtaining in each and every
case the written consent of the society."
In ber complaint Mrs. Geary alleges
that the above stipulation cannot be
pleaded by the defendant company, as a
bar to ther proceedings, because, when
making application for the policy, Jahu
ary 8, 1K6. Captain Ceary, then Second
Lieutenant, explained "to the agent of de
fendant that he was engaged In active
military service, and was liable at any
time to be called Into the field; and that
the agent of defendant gai o the applicant
written consent to engage at all times
in active military service. This "written
consent, .however, together with the
plaintiffs copy of the policy, was de
stroyed by a fire which happened In Cor
vallls, July 4, 3S9S, and In which the
Geary residence and a largo part of the
contents were destroyed.
As a further reason, Mrs. Geary alleges
that the premiums on the policy have
been regularly paid, and have always been
accepted by defendant, with the full
knowledge on the part of the latter that
Captain Geary was in the field. "When
her husband went to Cuba, early in the
Spanish-American War, the company was
at once notified. When he went, later, to
the Philippines, similar notification was
given dofendant. July 8, 3B9S, plaintiff
paid and defendant accepted the regular
semiannual premium on the policy. Jan
uary S, 1S99, the premium was again paid
and accepted, as it was also on July 8,
1S3S. On the 11th of October, following the
last payment. Captain Geary was killed
in battle in the Philippines.
An Incendiary Fire.
At 1 o'clock this morning the barn of
Judge McFadden was destroyed by fire.
The flames started in the upper story. In
which 12 tons of loose hay was stored,
A jiumber of horses and cows in the
lowor story were saved. The rest of the
contents, together -with the building, were
reduced to ashes. The loss foots up over
5500. The insurance is 5200. The fire was
"unquestionably of Incendiary origin.
AFTER C2 YEARS.
Sinn "Who Came to Oregon In 1840
Reports Front IlssIsKlppl.
SALEM, Or., Aug. 22. Mrs. E. .M. Crol
san, of this city, has recently received
a letter from a member of tho company
with which she crossed the plains in 1S16,
but of whom she had heard nothing for 52
y.ears. Tho letter cams from I, Sutton
Burns, who now resides at Booneillle,
Miss. Ho saw Mrs. Crolsan's name In
The Oregonlan's list of pioneers, and
wrote to Inquire whether 6ho is the same
Mrs. Croisah who came to Oregon In 1846
with Captain Rice Dunbar's company. Mr.
Burns went by the name of Sutton, when,
as an orphan boy of 13 years, he came to
Oregon with his brother's family. The
brother having died on the plains, the
Sutton boy was cared for by the Crolsans,
ana made his home -with them until IMS.
In his letter Sutton relates stories of sev
eral incidents of the perilous march
across tho mountains by way of "Apple
gate's cut-off," and of the hardships en
countered in the Winter spent on the
Cmpqua.
Old Philippine Penal Code.
State Librarian. X. B. Putnam today re
ceived a copy of a translation of the penal
code of the Philippine Islands. The code
was established by an edict of King Al
ronso of Spain, In 1SW. By this codex a
crime or misdemeanor is defined to ba
a voluntary act or omission punished by
law. Among those who are exempted
from criminal liability are imbeciles and
lunatics, and persons Tinder 9 years of
age. He who acts In defense of his per
son or rights is also exempt, provided
there are tho following attendant circum
stances: (1) Illegal aggression; (2) reason
able necessity of the means employed to
prevent or repel It; (3) lack of sufficient
provocation on the.part of the other per-
feon defending himself. He who acts "by
compulsion of an Irresistible force" or
'"under the impulse of an uncontrollable
fear of an equal or greater injury" Is also
exempted.
Among tho circumstances which aro
held to aggravate criminal liability are:
"Wfccn tho act is committed with treach
ery; when tho crime Is committed in con
sideration of a price, reward or promise!
when the act is committed with abuse of
confidence; when advantage is taken by
the culprit of his public position; when
the crime is committed in a sacred place,
in the palace of the Governor-General, or
in tho presence of the latter, or where
public authorities are engaged in the dis
charge of their duties, and when the cul
prit is a vagrant."
It is also provided that "the circum
stance of the culprit being a native, mes
tizo or Chinese &hajl bo taken into con
sideration by the Judges and courts for
tho purpose of increasing or reducing tho
penalties according to the degree of re
spective intention, the nature of. the act.
and the condition of the person offended,
whloh shall be left to the judgment of the
former."
The punishments provided are carefully
graded, and range all the way from death
to mere caution. The death penalty is to
be inflicted by the garrote, upon a scaf
fold, within 24 hours after the notifica
tion, by day, in a nubile place set aside
lor the purpose Prisoners are required
to labor in the penal institutions to .which
they are sentenced, the product of their
labor going to the state or to their cred
itors, according to the sentence Imposed.
Treason is punished by death; gambling
by a ne of 635 to 6250 pesetas, or impris
onment; parricide by death, assassina
tion and homicide by imprisonment.
Among: other crimes xnado punishable
are dueling, rape, seduction, discovering
and revealing secrets, calumny, contume
ly, robbery, burglary, theft, all kinds of
frauds, arson, damage to property and
reckless negligence.
S3 and 60 Marry.
Wimam Miller better known as "Uncle
Scotch. an octogenarian of this city,
marries today Mary Pearson, aged 60, of
Klamath Counts. Miller is a well-known
member of the Masonic fraternity, and'
is S5 years of age. He owns a large
amount of real estate north of Salem.
Oharg-ed With. Bicycle Mealing.
Chief of Police Burns, of Oregon City.
came to Salem today to taUe charge of J
Ed Orstton, of Portland, who is wanted
In Oregon City to answer to a charge of
stealing a bicycle. Gratton was arrested
by the Constable at Gervals, and a bl-f
cycle formerly 4n his possession was-j
Sound. In the brush near Chemawa. The
bicycle Is not the one which Gratton Is
alleged to have stolen, but is a Rambler
bearing Multnomah County tax tag No.
1S64.
Blankets Tor Alaska Indians.
"Chief Johnson," of the Taku tribe,
with headquarters at Juneau, Alaska, was
in- Salem today to purchase a year's sup
ply of blankets. He Is an extensive trader
among the Indians, and buys about 5000
blankets a year from the Salem Woolen
Mills, but on this occasion he found the
mills so crowded with orders that he could
get but a small part of that number for
immediate delivery.
State Fair Races.
The State Board" of Agriculture has is
sued the following,speed programme for
the coming state fair:
Mondayv September 17
Pacing For 2-year-olds .closed), add
ed ?IM
Trotting For 2-year-olds (closed),
added 100
Trotting 2:25 class; 3 in 5 400
Running? mile, introductory scram
ble; winner of one race this year to
carrj five pounds penalty; two- or
more races, 10 pounds; non.-wlnners
this year 'allowed 10 pounds; maid-
ens allowed 12 pounds. ..i EOj
Tuesday, September 18
Pacing 2:40 class, 3 In 5 300
Trotting 2:40 class, 3 In 5 .. 300
Running 34mlle dash 1E0
Bunnlng 3&-mlle dash for 2-year-olds 150
Wednesday, September 1&
Pacing 2:18; SaIem.Chamber of Com
merce stake, 3 In o (closed). J1000
Trotting 2:30 class, 3 in 5 .. 400
Sunning One mile, 3-year-olds and
.upwards 20
Running If, mile. 3-year-olds and Up-
wards . 1
Thursday, September 20
Trotting 2:20; Capital City stake, 3 In .
5 (closed) i J10CO
Pacing 2:30 class ....., ,... 400
Running 1 1-16 ml es ?00
Running Hi furlongs . 150
Friday. September 21
Trotting For 3-year-olds and under,
2 In 3,, .. .". 5 S00
Pacing 2:25 class, 3 in o -K0
Trotting Consolation purse for beat
en horses at this meeting. Condi
tions to be posted Tnursday, Sep-
ber 20 ...... 200
RunnIng- mile ....v 200
Running mile, for 2-vcar-olds 150
Saturday, September 22
Pacing 2:14; Citizens' purse, 3 In 5
(closed) 51000
Trotting Free for all, 3 in 5 COD
Pacing Consolation purse, 3 ln 5, for
non-winners in 2:18 pace, as per con
ditions ..4. 200
Running 5 furlongs; consolation.... 150
Capital City Brevities.
State Land Agent L. B. Geer left this
evening on a tour of Crook, Harney,
Grant, Morrow, Sherman and Wheeler
Counties, looking after farms owned by
the state.
John Huffman, a farmer residing on the
bank o'f the Willamette a few miles above
Salem, was fined in Justice O'Dohald's
court this morning for throwing a dead
hog into the river.
LIGHT SOCKEYE PACK.
Only About 125,000 Cases Onsnt to
Be 850,000.
VANCOUVER, B . C, Aug. 22. The
sockeye salmon run of the Fraser River
this season, which Is now practically
'over, Is the lightest on record. The total
catch for the 47 canneries engaged In the
business will be 125,000 cases at the out
side. In a good year the total pack should
be jaeven times as great. During several
seasons the aggregate pack has exceeded
850,000 cases. Probably 100,000 cases of sal
mon were lost on account of the strike,
but this year would have been light In
any case. Five sailing ships have been
chartered to carry the pack to Liverpool,
but It is not probable that more than one
or two at most "nlll be used.
Close Call for Senator Howe.
M'MINNVIL.L.E, Aug. 22. A few days
ago. Senator W. A. Howe, of Carlton,
was overcome by the fumes of carboll
neum In a tank lie was coating with
tho composition, and but for the help
of a man who was working near, he
would not bave escaped. The man got
the Senator out of the tank after he haa
fallen insensible.
. Oregon Notes.
Two cases of diphtheria are reported
at The Dalles. i
An Ashland cannery Is working on corn
and string beans.
Mills at Ashland are paying 45 cents
per bushel for wheat.
Orwell's fruit-packing house at Central
Point has been completed.
In Klamath County, the demand for
horses is the .greatest ever known.
Louis Gerber, of Klamath, Is sending
310 head of beef cattle to Sacramento.
Work Is In progress at Pendleton on
buildings for the Street Fair and Har
vest Carnival.
Grant's Pass can get a fall of 47 feet
by bringing water from Rogue River, at
Savago Rapids.
At Corvallls., a petty thief has stolen
the rope from the flagpole of a Second
Oregon volunteer.
"William Abrams has sold A, N. Mc
Kechnle 76 acres, two miles east of Al
bany; price, J13S0.
Mary 0. Boyson has sold George Tay
lor 14 acres of land, adjoining Corvallls
on the north, for $900.
A Harrisburg company has contracted
with Jt. C. Edwards, of Lowell, for 6,000,
000 feet of logs next Summer.
(Max Pracht Is now booming some Mex
ican springs claiming the waters are
a specific for kidney troubles.,
Albany boys are turning honest "quar
ters" by selling baskets of fruit to pas
sengers on trains that stop there. '
In Harney County, $33 to $3 per head
is paid for horses by speculators, who
want them to sell to the Government.
Since the terrible accident at Eddy
vllle recently, tho County Court of Lin
coln County has condemned two other
bridges. I
J. B. Graham, formerly of Idaho, ded
at La Grande, August 20, from dropsy.
His- age was CO. He left a wifo and
three sons.
H. C. Grady, of La Grande, has re
ceived a personal letter from Adlai Stew
enson, who says Indications are favorable
for Bryan's success in! Illinois.
Tho big circus is to play at Salem and
Medford, and will pass other Oregon
towns. The reason It stops at those
places, says the Eugene Guard, is that
the animals must be unloaded for a day.
J. W. Walters, who has operated a mill
not far from Monroe for some time,
has purchased a mill at Elmlra, m Lane
County, and has contracted with loggers
for 3.TO0.O00 feet of logs In the Lake Creek
mountains.
J. A- Masterson, a stockman of Elgin,
has returned from Xome. Ho went on
nhe Despatch,- taking up 100 fat steers
and 2O0 fat wethers, but the venture was
not a success, and It took close figuring
to bring him out even.
A man from Los Angeles passed
through Rogue River Valley last week,
having about 100Belgian hares for sale
at prices ranging from 510 to 550 apiece.
Farmers generally had judgment enough
to prefer cows to rabbits.
Wesley January has started for the
Big Elk country to gather fir burrs or
cones, says the Corvallls Gazette. He is
In the employ or a Sllverton man, who
has a contract for 1000 sacks. It Is con
jectured that they are to be used for
medicinal purposes.
About 200 teams and 300 men are at
work on the extension of the Sumpter
Valley Railroad into Grant County.
More teams and men could be used It
they could1" be had. The grade will be
completed to the neighborhood of Clif
ford "by" the first of October. Tracklay
lng will begin before the first of Septem
ber. A! 3-year-old -son of Mr. and Mrs. John
Klger. who live south of Corvallls, was
missed last week by Its mother, who,
after a search, found the child in a
"watering trough, drowned. Instantly the
sensible mother seized the body and be
gan efforts at resuscitation. For fully
35 minutes she worked, and then the
child began to breathe., How long the
boy had been in the trough is not known.
NEW PRICES FOR PRUNES
AGREED UPON BY WHJJAMKTTE
VALLEY PRUNE ASSOCIATION.
Mnlces a Difference Hot? the- Fruit la
Packed New Warehouse Machin
ery to Be Purchased
SALEM. Or., Aug. 22. About 10 days
ago the Willamette- Valley Prune Asso
ciation decided upon a scale of prices
at which the association will offer to
sell tha goods under its c6ntrol. These
prices were made known at the time to
the members of the association and to I
outside buyers, and were made public
today. For Fellenberg prunes the asso
ciation price is fixed on a basis of 3 cents
in bags, $"4, cents in 50-pound boxes, and
3 cents in 25-pound boxes. By the
"basis price" Is meant the price paid
for the four sizes, 60 to 70, 70 to SO, SO to
90, and 90 to 100 prunes to the pound. On
the basis above stated, the largest size
of Fellenbergs, 30 to 40 to the pound,
would be held at 54 cents in bags, 5&
GALLERY OF OREGON
bz2Luze&zsixti&
?
iisiiismsssuimmsMmm
E. J. KAISER, OF THE ASHLAXD RECORD.
ASHLAND, Axis. 22. B. J. Kaiser, proprietor of the Valley Record, established that
publication in Ashland 13 years ago, and has been Its editor and manager ever since. Ha
has been a resident of Ashland for 17 years, coming here from Yrfka, Cal., when a. boy.
At the see of 13 -eara he began Work as a printer's apprentice on the Yreka Journal, and
haa since been continuously engaged in the business mapped out for his life's work.
cents In 50-pound boxes, and 54 cents In
25'-pound boxes, with cent drop for
each smaller size. For Petite, 2 cents
was fixed as the basis price for prunes
of the size of 60 to 70 to the pound and
smaller, which -would be 3 cents per
pound for the CO to 70 size. This Is the
price In bags, and H cent Is added for
50-pound boxes, and cent for 25-pound
boxes. For Petite prunes above the 60 to
70 size, 3 cents is taken as a basis price,
which would make 4V4 cents the price
for the 50 to 60 size. In bags. The asso
ciation expects to effect sales of Its
prunes at these prices, and anticipates
orders within the next few days. At a
meeting of the Board of Directors held
this forenoon the manager was directed
to purchase machinery for the new ware
house, which will be erected on Trade
street, just above the O. R. & X. Co.'s
dock.
Daniel Webster, the Rosedale fruit
grower, who was a leading spirit in the
organization of the Cured Fruit Associa
tion of the Pacific Northwest, said today
that the growers of his neighborhood
are becoming mere friendly to tho Idea
of an organization of growers, and that
the local union they have formed will
pave the way for a successful state or
ganization next year. -f
Reports of the quality of this year's
crop are very favorable. Commissioner
Reynolds, of the State Board of Hor.'l
culture, says that there is thus far no
material Indication of brown rot, and
unless the weather shall be unfavorable,
the fruit will probably be free from this
blemish.
'BETTER WHEAT PRICES.
The Pacific Coast Company Offers 40
nntl 1S Cents.
La Grande Chronicle.
The report of Friday, to the effect that
the wheat market stands below 45 cents,
Is erroneous, according to the statement
of U. G. Couch, agent for the Pacific
Coast Elevator Company at Island City,
who reports that his company is paying
46 and 4S cents. This Is admittedly a
quotation above the regular export mar
ket price, and Is in competition with the
local mills, which usually establish n
price a couple of cents higher than tho
general buyers offer to pay. As far as
Is known, the Pacific Coast Company Is
the only exporting firm that offers the
prices above stated. In the general mar
ket from La Grande to Elgin there are
haphazard quotations of from 41 to 43
cents.
A Pool of Prnneerrovrers.
Salem Statesman.
The Willamette Valley Prunegrowers'
Association, through its board of direc
tors, has nooled 15 or 3) rarlnnria nf Ttoi
ian and French prunes, belonging to
me memDers oi tne organization, and
quoted tho following prices, per pound,
to Eastern buyers: 30s to 40s. K&: rnnta-
40s to 50s, 5K cents; 50s to 60s, 4 cents;
ws io tvs, ii cents; ius to SOs, 3 .cents..
w nue tnese ngures are considerably
above the market once, tho nscnfiatinn
has made sales on this basis and there
is out little doubt that the whole crop
of prunes In this section will be disposed
of at remunerative prices.
To Beprin Picking Aupjrcst 28.
MILWAUKEE, Or., Aug. 22.-J. S. Rlsley
M Son. WhO haVP nn lt tKh hoef hnn
yards In Clackamas County, report -that
their vard Is free nf Hro nnri th v.
crop will not be quite as large as rasrJ
reason, due tne quanty will be better;
the stems and leaves are smaller, and
will dry better. The hops have a nice
golden-green color now, which Is what
the hoDmen like. Last vpnr thnv nrin o
dull green, with thick stems and large
leaves, xne Kisieys will pay their pickers
35 cents per box, and will start August
23 to gather the crop.
Hops of Greenville.
FOREST GROVE. Or.. Amr oTT-m
lam Moore, a merchant at Greenville, said
toaay mat he had an excellent hop crop
last year, both in auantltv and rmntitv
but ho will have a, greater yield and "of
Detter quality tnis year. He will com
mence picking September 1. "
George Beal, of Seghers. was offered "513
per ton vesterdav for timrvthv hnv tm
is the highest price tendered in this sec
tion tnis year. -. w. Johnson, of that
place, sold 60 tons at 512 50.
Sale of 25,000 Bushels of "Wheat.
LA GRA2CDE, Or.. Aug. 22. The Pacific
Coast Elevator Company today, through
w. x. uoucn, purchased of A. B. Conley
25000 bushels of club wheat. Four buy
ers submitted sealed bids, but the price
paid has not been made public. This -Is
the largest sale of the season in Grand
Ronde wheat. Most of that included In
the sale is now in the Conley warehouse,
on the Elgin branch.
Linn Crops Fit to Exhibit.
ALBAJ5T, Or., Aug. 22. Notwithstand
ing the damage to some of the vegetables
and wheat, Mr. Reece, of the State Board
of Agriculture, of this county, has de
cided to prepare an exhibit for this county,
for the State Fair, and will make it as
big as possible, covering manufactured
goods as well as the products of the farm.
In some lines the specimens will equal if
not surpass those of any former year, the
crop of apples, pears and peaches among
the fruit, and corn and a few other veg
etables being -the best for years.
Hops at Aurora
AURORA, Or., Aug. 22.-Hop-pIokmg
will begin here about SeptenYber 3. There
is no mold nor lice this year; hence a
choice quality Is almost assured. Of
course, heavy rains could yet do much
damage, but as picking Is so near at
hand, growers do not worry now. Thirty
five cents per box will be paid for pick
ing. At this price It is not hard work to
earn $1 40 to $2 10 per day.
Pew Hop Contracts in Clftckamns.
OREGON CITY, AUg. 22. It la a not-
NEWSPAPER MEN-NO. 21
able fact that bu.t few Clackamas hop
growers are contracting the sale of their
hops at least but few contracts are be
ing placed on record. Agents for buvers
are busy soliciting growers to enterihto
contracts, ,but apparently few care to
tie up their crops In this way. One grow
er hero who contracted to deliver hl3
crop to a buyer had previously made
arrangements with a local bank to get
what money was needed to care for his
crop. Banks here say that they have
money to loan on hop crops, and any
reputable grower can get all the tund3
that 'he needs to harvest his hops.
Mining: Stock Quotations.
The following aro the transactions at tha Ore
son Mining Stock Exchange jesterday:
Listed Mines Bid.
Adams Mountain SO 05
Buffalo 1
Copperopolls 5
Gold Hill & Bohemia 5
Goldstone Consolidated
Helena 32
Helena No. 2 6
Isabella 0005
Asked.
$0 05V4
3
4
82i
314
2
10
3ft
Lost Horse
3
May Queen ....r.
Mountain View
Oregon-Colorado M. M. & D.
Blverslde
Umpqua
Unlisted Mine?
Rockefeller 3Vi 5U
Sumpter Free Gold 114 2U
SALES.,
Adams Mountain .. 1000 shares at 6
Gold Hill & Bohemia 3000 at 5
Helena 5750 at 81
3500 at 32
Helena No. 2 10,500at 0
4250 at 7
Isabella 48000 at 1
1000 at .t005
5000 at lWi
Lost Horso 1500 at 3
May Queen GO0O at 22
COOOat 2
Mountain View 7000 at 2
Orecon-Colorado M. M. & D 2000 at 5
Umpqua 200Oat 3
SPOKANE, Aug. 22. The closing bids
mining stocks today were:
Blacktall S0 12HlLone. Pine S....S0
for
onu
Butto &. Boston.
151 Princess Maud.
I7i
2.1
75
S
13Vt
Crystal
Deer Trail Con.
Eenlng Star...
Golden Harvest.
L X. L
Morn. Glory ....
3i Rambler Cariboo
'4-i Republic
7 !RcseratIon ....
, Rowland Giant..
10 ISulllvan
SAN FRANCISCO, Aug. 22. Official closing
quotations for mining stocks:
Alt.a $0 OSIJustlce $0 03
Alpha Con
ClMexIcan 27
Andes
Belcher
Best & Belcher.
Bullion ,
Caledonia
Challenge Con ..
Chollar
71 Occidental Con ... 11
13lOphIr 50
18Overman 7
;w t-oiosj J..i
55
oa.aKe XV)
Seg. Belcher 2
Sierra Nevada ... 37
Silver Hill 1 48
Union Con 21
Utah Con ,.. 0
Yellow Jacket ... 29
23
17
Confidence
70
Con. Cal. & Va... 1 33
Crown Point
Gould & Curry... 1
Hale & Norcross. 2
NEW YORK, Aug.
closed as follows:
-Mining stocks today
Chollar $0 14IOntarlo $550
Crown Point
14
Ophlr 50
Plymouth 10
Qulck3iier 1 CO
do pref 6 50
Sierra Nevada ... S3
Stnndard 3 75
Union Con 18
Yellow racket ... 20
ton Cal. & Va..
Deadwood ,
Gould & Curry..
Hale & Norcross,
Homestake ,
Iron Silver ,
Mexican
1 35
45
13!
20
50 001
50
BOSTON, Aug. 22. cloMng quotations
Adenture .... 2
Allouez M. Co.. 11
Amal. Copper... 83
Atlantic 23
Boiton & Mont. 320
50! Humboldt $ 25 00
121 Osceola 67 75
50Parrott ... 41 75
OOjQulncy 140 00
00 1 Santa Fo Cop... 4 50
00 Tamarack 20SJ 00
oolutah Mining .... 31 00
75WolvcrInes 40 50
00
t Butte & Boiton 03
. ai. : necia....i(Hi
Geptennial 1C
Tranklln 14
Robbed and Murdered.
VANCOUVER, B. C. Aug. 22. Thomas
Olsen, aged , and supposed to have in
his possession several hundred dollars,
was found mtlrdercdvtoday at Chemalnus.
He had been struck on the head with a
blunt instrument, Robbery was undoubt
edly the motive.
Itlnno Jfotes.
Jklullan has 400 voters, but so far only
25 have registered.
Governor Steunenberg. has proved up
on a 160-acre timber culture claim, three
miles south of Caldwell.
A company has been formed at Boise
to dam Ten Mile Creek and secure a
reservoir supply of water for Irrigation.
The water power of Post Falls, on the
Spokane River, is to be converted Into
electrical power and transmitted to the
Coeur d'Alenes district for operation of
ltho mines. -
Jack Murray, of ilullan, killed a mule
deer some days ago, and hung It In a
tree with a half-Inch rope. Next morn-
,lng It was gone. He. followed a trail.
found the carcass partly eaten, set a
rifle in a V-shaped pen, with the. .deer's
head attached to the trigger by a string,
and bagged a 200-pound mountain Hon
.next day.
WHAT 1HE LAND LAW SAYS
XOMXNAIi RESIDENCE NOT SUFFI
CIENT FOR HOMESTEAD.
Timber Claims May Be Talten as
Homestead, but Scrutiny o En-
trymen Intent la R-eonired.
OREGON CITY, Aug. 2l.--(To tho Edi
tor.) Tha following expressions are con
tained in- a letter received in this morn
ing's mall from a prominent business man
in the "Willamette Valley:
"I am anxious to take up a homestead
If I can do s6 lawfully, and without evad
ing the law or stretching toy conscience,
... Do you think that the law requires
a person to make his domicile upon the
land, or Only a 'residence 7"
It Is understood that the land referred
to rs heavily timbered. The laws of JuttO
3, 1878, provide f6r tha salo of timber
land at $2 60 per acre In caBh. Timber
land Is defined as being land more valu
able for timber, than for agricultural
purposes. Under the homestead law land
Is secured by the payment only of the
prescribed fees and commissions, and
five years' residence and 'cultivation. The
requirements as to residence and culti
vation are modified In the case- of sol
diers, their widows and heirs; but others
can only escape these requirements by
commuting their entries. The commuta
tion of a homestead entry consists In
paying for the land the Government prlco
of $1 25 or $2 60 per acre. This cannot
be done until after at least 14 months
residence and cultivation.
The law does not expressly problhlt the
taking of timber land under the home
stead law, providing the entry Is bona
fide and the entryman takes the lana for
tho purpose of making It a home and not
merely for tho purpose of securing the
timber. In other land districts In the
country, very remote from Oregon City,
It la claimed that many are taking ad
vantage of the homestead Jaws to secure
land valuable only for Its timber. By
making a colorable showing of 14 months'
residence and cultivation upon a home
stead claim, utterly worthless for any
thing else but Its timber, many have
secured patents upon the payment of the
Government price of $1 25 per acre. This
Is cheaper than buying It under the tim
ber law at $2 50 per acre; but It often re
quires, considerable nerve and a somewhat
elastic conscience. Hundreds who have
done this and made proofs that were good
upon their face, would .probably have
been denied their patents If any contest
had been made.
The ease with which this has been ac
complished In many cases has led to the
Widespread idea' that "residence and cul
tivation" of a homestead means simply
a pretense at cultivation, and a single
visit once every six months. The Regis
ter and Receiver have no power to re
ject any proof that Is good upon Its
face, but they are admonished In the de
cisions to carefully scrutinize all home
stead prooffe upon lands which they have
any reason to believe are more valuable
for timber than for agricultural purposes.
So many Inquiries have reached ths office
In regard to the law governing these ques
tions that we ask a little of your space
In quoting decisions of the Secretary of
the Interior.
In Howden vs. Piper (3 L. D., 162). It
Is held that an act of settlement must
consist of some substantial and visible
Improvement of the land having the char
acter of permanency with the intent to
appropriate It under the- law.
In Doble vs. Jameson (19 L. D.. 91), It
Is held that "going on the land and doing
a little slashing, 20 or 30 feet square, and
hiring men to build a house, 12x14 feet,
and make necessary Improvements to es
tablish a claim, and also building another
house 14x20 near the site of the first, with
a kitchen 10x14 feet, containing four rooms
In all staying all night, and 'three, months
later moving his family In. ,and staying
two or three days, the next month stay
ing one day, the month following two
days, and three months later staying
two nights and one day," Is not settle
ment. .
In Wright vs. Larsen (7 L. D., 555), It
Is held that ""while lands chiefly valu
able for timber and stone, and unfit for"
ordinary agricultural purposes, are not
excluded from settlement by the act of
June 3, 1S78, yet settlement on such lands
should be carefully scrutinized, as the
exception In said act Is In favor of the
bona fide settler. A settlement for the
purpose of securing the timber on the
land, or for any other purpose than es-
tabllshlng a home, Is not a bona fide
settlement within the meaning of said
act."
In the case of George H. Hegeman (11
L. D., 7), the claim of the settler was
rejected, though his pfoof showed that
he made actual settlement Immediately
after -filing, that he built a house 12x16
feet, with shake roof and board floor,
woodshed, road, and one and one-halt
acres prepared for crop; that his resi
dence1 was continuous, and that his Im
provements were worth $320. Because
tho tract contained 1,000,000 feet of fir
timber the Secretary decided that the
claimant's good faith was not clearly
shown.
What constitutes residence, In the view
of the Department of the Interior, Is
fully set forth in the following decisions,
viz.:
4 Li. D. 413. To establish residence as re
quired by the homestead law, there must be a
combination of act and intent, the act of oc
cupying and living, on the claim and the inten
tion of maklnjr the same a home to the ex
clusion of a home elsewhere.
4 L D. 301. Residence Is not established or
maintained by occasional visits to the land.
Inhabitancy must exist id good faith and be
exercised to the exclusion of a home elsewhere.
5 L. D. 170. To acqulrp residence under the
homestead law the former residence must be
abandoned, and such change can be effected
only by tho concurrent act and intention of tha
settler.
0 L. D. 340. To establish residence there
must be, concurrent with the act of settlement,
or going upon tho land, an Intent to make it
a homo to the unqualified exclusion of one else
where. 11 L. D. 450. Fitness of tho land as a per
manent abode, the period of inhabitancy, and
the claimant's relation to the land after anal
proof, may be considered In determining wheth
er the claim of residence Is made In good
faith.
6 Li. D. 422. A claim of residence Is not con
sistent with tho substantial maintenance of a
home elsewhere.
10 L. D. 240. Acts Indicating: an intention to
make tho land a home to the exclusion of one
elsewhere arr required to establish tho fact of
residence In good faith.
S Li. D. 2S5 and 331. Occasional or periodical
visits, or even continuous presence on the land,
not with a view of making It a permanent
home, to the exclusion of one elsewhere, but
merely for the purpose of carrjlng out the let
ter of the law, and with intent to discontinue
Inhabitancy at the end of the period required.
Is not in any proper sense compliance with
law, no matter how honest the entryman may
be In believing he Is complying with the law.
10 Li. D. 22. Residence cannot be acquired
orma!ntaIned by going upon or visiting a
claim solely for the purpose of complying with
the law.
20 Li. D. 70. Residence cannot be maintained
THE MONTANA
State School of Mines
At Butte, Montana, will open Sept. 11, loott.
Full four years' course of instruction offered;
two terms of 20 weeks each per year. Tuition
free to Montana students; others pay. $25 per
term. For other lnfofmatloh address N. R.
Leonard, Butte. Mont.
The Oregon Mining
Stock Exchange
Auditorium. Chamber of Commerce Bldg..
V. O. box 070. Portland. Or.
Open call every day at 10:30 A. M.
Phone Main 310. Oregon. Columbia Main 239.
J. E. Haselttne. Fres.; David Goodsell,
Treas.; F. J. .Hard, Sec
Directors L. O. Clarke. J. E. Haselttne. Da
vid Goodsell. ,P. J. Jennings. L, G. Davidson.
J. L. Hartman, E. A. Clem.
by occasional visits to the land while the
actual homo Is elsewhere.
The foregoing decisions are but a few
among scores xthaV might bo cited, and
they are submitted because, owing to tho
present widespread excitement over tim
ber lands, they bear upon questions that
aro of practical and general interest.
CHARLES B. MOORES
Register United Statea Land Office.
Three- Larfire- Transports Chartered
SEATTLE. Aug. 22. Tha Government
has chartered from the British American
Steamship Line for usffs transports be
tween the Pacific Coast and the Philip
pines the large steamers Inverness. Car
lisle City and Ping Suey. The former is
a turret steamer of 3313 tons, due to ar
rive here September 10. The Carlisle City
is of 3000 tons,, due here September 23. and
the Ping Suey is pf 3SCQ tons, due here in
November. They will be used for carry
ing forage and other army supplies.
Cut Hid Ovrn. Throat.
COTTAGE GROVE. Or.. Aug. 22. Dr.
Wall was summoned to Comstock today
to attend Wes Carson, who Is said to have
cut his own throat with a razor with sui
cidal intent.
Washington Xotca.
Wilson, a deaf druggist. w'as killed at
Sumner the 20th by a train.
J. W. Hardin of Alpowa, has a crop of
castor beans that is looking welL
Glttelsohn's clothing store. In Snoho
mish, was burned August 20. Loss, $2000;
insured.
The supposed wife of Dixon, the deed
forger, turns out to be Mrs. Frederick
Cameron, of Seattle.
Northern Pacific builders are putting
In new bridge spans at several points on
the Chehalls River.
Lightning recently shattered a door
leading to the belfry of .the Sharpstetn
school- at Walla 'Walla.
Harry Leland, agent of the State His
torical Society, is In Eastern Washing
ton, gathering facts and relics.
John A. Humbird has purchased of
Henry Wood 4S0 acres of land In Thurs
ton County. The price paid was $3700.
The price of salmon at Gray's Harbor
has been reduced from $1 to 75 cents per
fish, by agreement of fishermen and ship
pers. Tacoma has begun the work of repair
ing a dozen bridges In that city, tb
make them 'safe. The estimated expense
is 13140.
The O. R. & Nl Co. ha3 cut lt3 freight
rate one-third on carload lots of material
from Portland for rebuilding Pomeroy'3
burned dlstrtct.
Professor T. A. Towell, formerly princi
pal of Randall school, la under arrest at
Seattle on a charge of pocket-plcklng. He
declares his Innocence.
. Henry Prwcott. an aged resident of
Olympla, died th'e 20th In3t. in a room in.
his building. He came to the territory
In 1S57. afTJt was 71 years of age.
Genaral Manager I. C. Atkinson Is out
of the Port Angeles Eastern Railway. L.
A. Pope succeeds him. The president says
tho wors of baudmj the road .will now
proceed.
Spokane has a beer war. One set of
brewers ha3 cut the price from $S SO rer
barrel to $7, with 5 pef cent ofll on col
lection jay. to meet another concern's
cut to ?S 50.
State Superintendent of Schools F. J.
Browne Is accused bf making a rullnK
against exchange of school books, that
means a Ipss of thousands of dollars to
the taxpayer.
. McCormlck and Anderson, the alleged
confidence men, have been held in J50QO
bonds at Walla Walla to answer In the
Superior Court to charges of cheating
mn with poker dice.
A. photograph has been taken of Chief
Spencer, of the;Taklmas, who Is 10Oyear3
of age. It is the only one ever taken,
ani even then the old fellow refused to
dress In his native garb.
Mrs. iR. W. Llnvllle-, -of Aberdeen, saved
7-year-old Laura Benham from drowning
August ID by pulling asmalL boat to'a
point where the child was struggling In.
the waters of Gray's Harbor.
KJlcklt.at County farmers complain 'of
the condition of the road leading to the
Columbia' River. They say unless It ls
repaired there will be very little Klickitat
wheat brought to The Dalles this Fall.
State Auditor Cheetham has issued a
statement mowing a great fall In the
price of money. The state Is paying but
3 to 4 per cent Interest, whereas It
was paying 8 per cent a few years ago.
A new telephone building Is to be put
up in Tacoma at the corner of E and
Eleventh streets, on two lots just bought
for a site. All main lines will bo put
on underground condu!ts-C5 in Portland.
Charles W. Flood, a Spokane man, who
banked In his trunk and hid the key In a
bed, mourns the loss of four school war
rants for ?60 each, a mortgage note, and
a deed to some property. No clew to the
thief.
The body of the man found In the
Touchet River, near Prescott, Sunday
afternoon, has proven to be that of Le
roy Llbby, a farm hand. He committed
suicide, because of Ill-health and despon
dency. Seattle's Fourth of July celebration cost
$6516, according' to a statement just mado
public. The principal expenditures were:
Fireworks, $15S6; music, $1461; sports, $1293.,
The committee has $5S2 for next year.
There were 5"8 contributors to the fund.
Rev. Charles Cornwall, of Walla Walla,
thinks he was chloroformed by burglars
last Sunday night, but drove them oft
by struggling and shouting. Neighbors
are divided In opinion as to whether he
suffered from an Intense nightmare or an
anesthetic administered byburglars.
The Seattle Times 13 disconcerted at
these statements by Colonel A. P. Tug
well, a Tacoma politician, about Gover
nor Rogers: "We will beat him, blank
him, if we beat Bryan for President In
doing Itl If the vote of this state settles
the Presidential election, and Rogers Is
nominated, we'll carry him down to de
feat If we carry Bryan down with him I"
Tugwell Is earnestly for Fawcett, of Ta
coma. for Governor,.. and the Times Is as
strenuously against him. Speaking of the
Tacoma candidate's personal character
and Tacoma's criticism of Seattle census
methods, the Times says: "In our Judg
ment such a nomination would be abso
lutely fatal to success, and the Tlme3
will not feel bound to support any such
candidate." Further: "We will not sup
port Fawcett's candidacy If .he be nomi- f
nated."
F
thp ORIGINAL. TDfc
THE BEST '-rrs- SAIL BnfcnFHV BRANUS.
Condensed Milk
has No Equal as
3ENDF0lTBABrS"A BOOK FOR MOTMSRS.
&L
1 Yon simply sweep them up after using I v7
'Mv-i I It kills Rzts, Mice, Cockroaches and all j j
'&& " """ other &U5S and Vermin, leaving- no I IbJ
Ysw 1 dr Used in leading- hotels and public buildings for i j
W I 2 y6315' FOfi SALB BYALL DEALERS, 2Sdj. A BOX. 1 ffW
LT B Iiubi' ZucniC T utM Ox. Cneua. Iu. 8! p
wmmnoaam 1 tammmmsmmm 1 1 1 1 m
ANTI-ROGERS DELEGATIO
CLARK COUNTY FUSIOX1STS SEJ
30 DELEGATES TO SEATTLE.
A Full County Ticket Norulntvtet
Joint State Senator Qoe to C
J. Moors, of Slcamanla.
VANCOUVER. Wash., Aug. 22. Tl
uiars County fusion convention met a
today and nominated a full county ticks
ana meeting wa3 called to order by C
uusti, chairman of the county cent
committee. P. Hough was chosen cha
man, V. J. Fike, secretary, and J.
Paddep. assistant secretary.
This county is entitled to 30 delegatl
to the state fusion convention 13 Demi
crats 13 Populists and four Sliver Itepuf
ucans. u.ne following were elected, near
all of whom are understood to bo ani
Rogers, men:
Democrats Dr. R. D. Wlswall S.
Shaw, J. W. Wentworth. J. A. Munda
V. . Rand. W. 3. Wood. J. A. Paddel
Charles Daly, S, S. Campbell, X J Kealg
-., Hough, J. R. Wood. F. J Lackaft
Poputfsts-C. A. Bush. A. Hlgle. C.
Rando, Frank Bcler, N. Ennls, C
Wood. C. H. Bicker, H. W. Rand. J.
Woodv iT. Eaglemen. Joseph Bowe E.
Edmunds, Joseph Wright.
Sliver Republicans Henry Vanatta.
R. Osborne. C. B. Coryell. Charles Smlti
All of these delegates were present
to the convention by J. W. WentwortJ
who said that they promised they wouf
attend in person.
The county ticket nominated Is as
lows:
Joint Senator C. J. Moors.
Representatives Dr Wlswall and C.
Ricker.
Commissioners Second, dlstrlor, W.
Daly; Third district, J R. Curten.
Auditor V. J. Fike.
Treasurer C. P. Bush.
Sheriff Charle3 W. Caples.
Prosecuting Attorney E. 1L Greene.
County Clerk F. C .Brlggs.
Surveyor 31. G. Llsher.
Coroner B. L. Burnett.
Assessor I. R. Fletcher.
Chairman county central committee
P. BU3.b. v
PACIFIC COUNTY CONVBXTIOJfS.
Populists anil Democrat Same Statl
Delegates and Adjourn.
SOUTH BEND, Wash., Aug. 2&-
Popullst county convention met today at
nominated, a. Butts for Deputy Fish Cor
mlssloner. W. B. Donaldson for Superhi
tendent of tho Chinook Hatchery, and
T. Church, S. K. Clyde, John Stewart ar
C. D. Knapp. delegates to the stata cori
vention. They are unlnstructed. The coij
ventlon then adjourned subject to tho cal
of tho chairman, the plan of fusion wltl
the Democrats having carried. The
tendance of delegates was light. The cor
ventlon will probably bo called to mee
again September 4. the date to which tr
Democrats adjourned.
The Democratic Delegates.
The Democratic County Convention me
last night and elected A. P. Cochran,
J. Brumbach. Val Heath. X. L. Myon
William Bullard and Phillip P. Attar
delegates to the state convention. A m;
Jorlty of the delegates are understood t
favor Rogers for Governor. Owing to
dearth of candidates the convention
Journed to meet September 4 to nomlnatl
a county ticket. 31. W. Johnson wag
chairman and J. J. Brumbach, secrctarjl
of the convention. Assistant Atrneyf
General Vance addressed a fair-sized at!
dlence. devoting much of his time to 6t
nounclng Roosevelt. A banquet followei
at the Hotel Albee.
STOREHOUSES FOR TAKU.
30 to Be Built by United States Pur
cnases ax seartie.
SEATTLE. Aug. 22. The United State!
Government will build, within the next
four months, 20 large storehouses al
Taku, China, for the accommodation ol
a vast supply of commissary and otrel
goods which have been and will be transi
ported to that point, for the maintenance
of American troops.
The material for these warehouses wllfl
be purchased by the Quartermaster's Del
partment. of this city, and shipped to tn
Orient at an early date. Advertisement!
are now out which Include 513,000 feet ol
common lumber, with sash, doore, hard!
ware and corrugated Iron. Bids will b
onened at 11 A. M.. August 25.
The Depot Quartermaster at Taku ij
Captain J. C. Byron, who assisted Cap!
tain Robinson. Jr., in dispatching tnq
first four transports from Puget Sound
ports to the Philippines.
THUNDER STORM AT ASHLAND.
Did Some Damase, But GreatI:
Freshened Thins.
ARTTT.ATsm Or.. Aue- 22. Durinsr tha
thunder storm In this vicinity, which last
ed for several hours, with sharp and fre
quent flashes of lightning, a pin tret
nr, hA Onrff ranch of Butler & Thomp
son, a few miles southeast of this city!
ns Qtntir Tw llcrhtnlnsr- and a nearb'l
stack containing 170 tons of timothy hayl
was totally destroyed. The storm wal
general as far north as the Rogue River
Twenty-slx-nunareutns 01 an men o
rain fell In thi3 city, and It freshened
up the appearance of thlng3 greatly.
Diphtheria at The Dalles.
THE DALLES, Or., Aug. 22. Twa
well-developed cases of diphtheria werq
reported to the city authorities last nlgha
bv Dr. Glesenaorirer. xne surrerers are
the daughters of George Bunn, and the
have beea ill for several days without
doctor being called. A.s Mr. Bunn's rca'
dence 13 somewhat Isolated from other
houses. It Is hoped tho disease may be
confined to the one family. Mr. Bunn :
eldest son was buried last week, anc
many friends visited the house at thaq
time, after the children wore taken sicki
Killed a Connery Boas.
VICTORIA, B. C, Aug. 22. The steam
ship Tees brings news from Ketchikar
that United States Marshal Hasey shrtj
and'kllled Dan Robinson, a cannery bcsii
there. August 10, while the latter was re
sisting arrest.
13
ma. AVOID UNKNOWN
an Infant Food.
DordeiVa Ccndnad MUK..- NaWrtirfc.