THE. MORNING jQRJQONIAj UESpAYr BBTgMBEB 18, 1900g
MO JURY'S POWER
Supreme- Court Renders Da
cision-on the Subject.
APPEALED eSEf-ROM MULTNOMAH
Suit In "WTilcn Officer Tried to Com
pel Jury to Inquire Into
Onarfirc Other Decisions.
SALEM, Sept 17. The Supreme Court
today rendered a decision dismissing the
appeal n the mandamus suit brought by
District Attorney Charles F. Lord to
compel the grand jury of Multnomah
County for the January term, HOT, to in
quire Into a criminal charge. The un
usual character of this proceeding at
tracted considerable attention to it at
tho time it was commenced, The grand
3ury was composed of E. M. Sargeant
foreman; and W. "H. Warner, James
Humphrey, A. C. Lohmlre, C A. Walters,
John E. Tpung and Perry Tomlinson. The
case was tried before Judge AJfred F.
Sears upon a demurrer to the answer,
and was decided in favor of the defend
ants. An appeal was ta&en to the Su
preme Court, and that body has dis
missed tho appeal in an opinion written
by Chief Justice Bean, 'who says:
"This s a mandamus proceeding, com
menced In. April, 1S97, to compel the
then grand jury of Multnomah County
to Inquire Into a criminal charge against
one Anderson, who had previously been
committed to await Its action. The grand
jurors answered, setting up the matters
which they claimed constituted a defense
to the alternative writ. A demurrer to
tho answer was overruled, and the plain
tiff declining: to proceed or plead further,
the writ was dismissed, and plaintiff
appealed.
"About the time the transcript was
tiled, or soon thereafter, the grand jury
was discharged, so that It is now im
possible for the ourt to enforce a judg
ement against it, if one should be ren
dered. A grand jury is temporary in. Its
character, and, when discharged, "becomes
functus officio, and thus differs from a
permanent office. An Appellate Court,
like every other judicial tribunal, is em
powered to decide actual controversies
only, and not to give opinions upon
mooted Questions, or mere abstract prop
ositions of law. The rule is general,
therefore, that when an event occurs
pending an appeal which renders It Im
possible for the court to grant the relief
sought, it will not proceed to final judg
ment, but will dismiss the appeal. ...
!No stipulation of parties or counsel,
whether in the case before the court or
Sn any other case, can enlarge the power
or affect the duty of the court in this
regard."
In the case of David Brand, appellant,
?ra. Multnomah County, the City of Port
land and the East Side Railway Com
pany, respondent, an opinion was ren
dered by Justice Wolverton, adhering to
the former decision of the court. Thi3
"was an action brought by Brand to re
cover damages for the construction of a
closed approach to the Madison-street
bridge, which approach impaired his right
of ingress to and egress from his prop
erty on the water front. The case was
tried before Judge A F. Sears In the
court "below and decided against the
plaintiff. The Supreme Court sustained
tho lower court, and in reviewing its
own decision says:
"A careful re-examination of the vital
questions" attending this controversy lias
brought us to the same conclusion ex-J
pressed in the former opinion. The piv
otal Issue is whether the bridge with
its approach upon Madison street con
stitutes an additional 'servitude, or has
perverted the street to other than legiti
mate street purposes. If such is its ef
fect, the plaintiff presents a substantial
basis for a decree in accordance with the
prayer of his complaint; otherwise not.
"There is but llttlo, if any, conflict in
the law, which is aptly and succinctly
stated, with its proper limitations and
distinctions, In "Willis vs. Winona City, 59
Minn. 27. In that case the city," under
authority of the state and National Leg
islatures, constructed a bridge across the
Mississippi River, the approach of which
extended a considerable distance along
the center of one of the streets of the
city and past the plaintiff's property, and
the question arose whether it constituted
an additional servitude, in determining
which Mr. Justice Mitchell says: The
doctrine of the courts everywhere, both
in England and in this country unless
Ohio and Kentucky are exceptions) Is
that, so long as there is no application
of the street to purposes other than those
of a highway, any establishment or
change of grade made lawfully and not
negligently performed does not impose
an additional servitude upon the street,
and nence is not within the constitution
al inhibition against taking private prop
erty without compensation, and Is not
the basis for an action for damages, un
less there is an express statute to that
effect. , . . There is no doubt that
the acts of the city would amount to a
taking of plaintiffs property, so as to en
title Tiim to compensation, provided the
use made of the street by the city im
posed an additional servitude, upon it,
but that is the very question in the case.
Our conclusion is that the construction
and maintenance of a bridge approach
did not imnpse an additional servitude
upon the street, but was a proper street
UBe, and hence constitutes no basis for
an action In favor of plaintiff for dam
ages. ThIs cape affords a complete answer
to counsel's" contention that there Is a
taking' In the present Instance, within
tho purview of the state and National
Constitutions, and, as the reasoning if
the learned Justice is so apt for our
present purposes, we have taken the lib
erty to quote at much length from the
opinion. . . All these (cages cited)
approve the doctrine that a mere change
in a street grade, lawfully accomplished,
without negligence or carelessness on
the part of the proper authorities, Sops
not entitle "the abutters to compensation
for any Inconvenience that may be en
tailed thereby- . . We feel assured
that our former opinion is sound upon
the proposition; but, if we are mistaken
in this, the act of 1S98 (Session Laws, 1S5S,
page J5, section 231), declaring the bridge
approach to be the established grade of
Madison street, so far as occupied there
by. Is curative of the irregularities com
plained of, although such act may have
been adopted after the commencement,
or even decision, of the present suit in
fhe court below."
In tho case of C. O. Fanning .et al., ap
pellants, vs. Frank 3. Clopton et al., re
spondents, the petition for rehearing was
denied In an opinion written by Justice
Wolverton, in which he says, in part:
"The plaintiffs, by their petition for
rehearing, present tho further and ad
ditional question that the "County Court
was powerless to establish the road In
question without payment of the damages
awarded by the viewers being first made.
... After preliminary recitals, the
Counts' -Court concluded with the follow,
ing entry: It is hereby ordered, ad
judged and decreed, that the report o
said viewers be and the same "Is hereby
approved and confirmed in all respects;
that the said road be and the same is
hereby decreed to be a Toad of public
easement and a public county road, and
the same is hereby established and or
dered opened In accordance with the -re
port of said viewers, upon the payment
of damages In said report set forth, and
the costs and expenses of this proceed-inc-'
"It is stoutly urged that here is a tak
ing of appellants property without just
compensation first assessed and tendered.
contrary to tho inhibition- of the ctatej
constitution (article L section 18); but
"counsel have ""evidently misconceived the,
effect of the order. There was -no appro
priation of property except upon condition
of the payment of costs -and danfages.
By Its. terms, there was no establishment
of the road, nor could It be opened, ex
cept upon, payment as required thereby;
hence, the order or judgment as entered
does not operate as a taking of appel
lants' lands without just compensation
first assessed and iendered."1
In the .case of Charles E. Ladd et al.
"vs. the Chamber of Commerce, the court
overruled a motion to recall the man
date. The opinion is written per curiam
and says that ""the statement in the opin
ion on the petition for rehearing that
'the Chamber of Commerce is not a party
to, nor is it liable to pay, the Green note,'
was intended to "refer to Us liability "upon
the face of the note,- and not v to the
rights, equitable or 'otherwise, of the
makers thereof against It for indemnlty
or reimbursement,"
Minor Orders.
Minor orders, were made today as fol
lows: John Kierftan, respondent, vs. V. Kratz,
appellant; ordered on stipulation that ap
pellant have until- October 31, lfeOQ, to serve
and file his brier herein.
Peter Schlosser, respondent, vs. Emily
Beemer, appellant; ordered that Anna
Schlorser, widow, Individually and as ex
ecutrix, Anna Phillips, Kate Fish, ffiary
Nels and Harry Schlosser,. be substituted
as respondents for Peter " Schlosser, de
ceased. Mark Milos, respondent, vs. Peter Cava
covieh, appellant; ordered on motion that
respondent's time to serve and file his.
brief be further extended to October L
1200.
John Miattis, appellant, vs. Nelson Hos
mer et aL, respondents; ordered that re.
spoijdents have 30 days to file a "brief in
support of their petition for rehearing.
Tho Singer Manufacturing Company,
appellant, vs. T. J. Driver, Sheriff, re
spondent; ordered on motion that r espona
ent's time to serve and file his brief
herein be extended 20 days.
6. L. Conklin et al., appellants, vs. Mat
tie A. La Dow et aL, respondents; or
dered that the petition for rehearing here
tofore filed be overruled.
Lulu P. Curroy, respondent, vs. W. F.
Butcher et aL, appellants; ordered that
the petition of respondents 'for a rehear
ing be overruled.
Marion County Circuit Court.
In the divorce suit brought by Allen
Simpson vs. Margaret Simpson, pending
in the Circuit Cqurt .fpr Marion County,
the defendant today filed a motion pray
ing for an order of the court requiring
he plaintiff to provide $100 to pay her ex
penses in defending the suit. She al
leges that plaintiff is worth $5000, all but
$1500 of which was earned by the parties
jointly. Defendant also alleges that she
did not desert plaintiff, but that, by rea
son of cruel and inhuman treatment and
failure to provide for her, she was com
piled to leave him and earn her living
oy doing housework.
Judge Boise today granted a divorce In
favor of the plaintiff in the case of Eliza
Ahlhauser vs. Henry Ahlhauser, and also
in favor of the plaintiff in tho case or
Bertha E. Lewis ys. Alexander Lewis.
. OREGON HAY FOR MANILA.
Haines & Shipley, of Forest Grovet
Conclude Government Contract.
FOREST GROYE, Or., Sept, 17. Tho
hay-compressing industry here, which has.
been in operation day and night for the
past two months by Senator E. Yf.
Haines and M. H. Shipley, filing Gov
ernment contracts for Manila, has fin
ished. Messrs. Haines and Shipley pur
chased at an average price of 511 per ton
2700 tons of nay. They have shipped three
separate, shipments to Manila. The firs
contained 00 tons, the second-1500 tons,
and .the, last 500 tons. -
Change of PostoAlce Officials.
WASHINGTON, Sept. 17. The following
Oregon postmasters were appointed to
day: Roy D. Butler, Boyd. vice C. H.
Southern resigned; Eva A Brumblo, Jo
seph, vice G. F. Conley, resigned.
Orcsron Notes.
It Is said that Tho Dalles will soon
have a sanitarium.
Fireplugs were recently ponnected with
the water system at Lakeview.
The City Council of Huntington has or
dered 8000 feet of lumber for crosswalks.
E. B. Jennings has sold his Table Rock
farm of 420 acres, near Medford, for
JIOOO.
Work on. the new O. R. & N. depot at
La Grande will begin as soon as materials
are ready.
The assessment roll shows that Grant
County has. 480 horses, 1130 cattle, 9S.5C0
sheep, and 593 hogs.
A fruit drier belonging" to H. W. Becker
and W. J. Jones, near Shaw, burned Fri
day night. The loss is 5500.
The Union Telephone Company is rep
resented to have sold its line between
Union and Cornucopia to "the Pacific Coast
system.
Work on the road to Camp McDougal
from Ballard's is progressing well, and
hauling of ore to Baker City will soon
commence.
The reservoir of the Sumptcr Water
Company Is being Improved so as to In
crease the capacity from 200,000 to 1,000,
000 gallons.
Enrollment at The Dalles school last
week was 16 pupils less than for the sme
period last year. The number In attend
ance was 6S0.
Action by the Roseburg Council In the
matter of a franchise, for a new water
and light company has been postponed
until -Thursday.
Lostine has defied the world at a tug of
war on the occasion of its harvest picnic,
September 20. The challenge has been
accepted by Wallowa.
W. Bayley has sold a quarter section
of timber land near Buck Lake, on the
proposed route of the Oregon Midland
Railroad, at $5 per acre.
The Treasurer of La Grande is calling
in warrants Issued prior to September 8,
1894. They bear 8 per cent, which njeans
$1 48 for each dollar of Indebtedness.
The Marion County Board has allowed
the petition for a county road in the
vicinity of Niagara, with the understand
ing that the petitioners bear the expense.
The Sumpter Development Company has'
sold to the Sumpter Valley Railway a
right of way over a tract of their land
about 1H miles in length for a considera
tion of 5100.
The road down Pine Creek needs work,
say the freighters. Unless something Is
done to improve this" road the ore from
the river camps and Seven Devils will go
to Welser Instead of Baker City.
Minor's threshing machine broke
through the bridge near Michael Waller's,
place, says the Wallowa News. There
was considerable trouble In getting op
solid ground again. The bridge was en
tirely demolished except the stringers.
Work on the new grade from Rock
Creek to the head of Buttermilk vCanyon
Is progressing. All of ihew6rk" has been
dona so far with the pick and shovel.
About three-eighth of a mile of thefinest
road in Eastern Oregon has been finished.
The petition to the County Court of
Linn for an appropriation to assist in the
protection of the joint Santiam bridge at
Stayton has been dismissed. The action
appears to have been, based on the as
sumption that the Santlam'.RlYer andall.
the bridges'tliat span it are Marion Coun
ty property, says the Mall.
A stranger from Hllgard had a narrow
escape from death n the Pendleton rail-1
road yards last week. He was riding "in
one corner pf a coal car, "which was
loaded with lumber. When the car was
bunted In the process of switching the
lumber was displaced, so as ' to cramp
tho man In. sery narrow quarters. His
screams brought him rescue, btt he was
not released "until the 'end-board pf the
car bad been cu away with an ax. "
WERE STRUCK BV A TRAIN
ACCIDENT TO H. FECKSAND DAUGH-
( - r - w
TER "WHILE CROSSING RAILROAD.
Girl Suffered a Fractured Ana and
Numerous Braises Man Taougrkt
to Be Internally Injured.
MEDFORJD, Or., Sept. 17. Henir Peck
and daughter, of Lake Creek, Or., while
crossing the railroad track "In a ragon
one mile north of this city, on their way
home this afternoon, were struck by a
northbound Southern Pacific freight train.
Miss Peck's left arm was. fractured three
inches below the, elbow. She also suffered
several painful bruises about tfte face and
lower limbs.
Mr. Beck Is thought to be Injured in
ternally, and also about the head. Noth
ing definite can be -asqertained as to hjs
true condition. The accident happened
on a straight track. The train' employes
did everything possible to prevent the ac
cident. , .
Tbe injured parties were brought to
this city by the train, and are receivina
medical attention.
OREGON CITY SCHOOLS'.
Ojpened With. Fair Attendance llany
"Children in Hopflelds.
OREGON GITF. Sept. 17. The city
schools opened this morning with a fair
attendance, considering the, fact --that
many children of techool age have not
yet returned from the hopfields. Numer
ous applications arc coming in from "out
side students, and it is believed that the
attendance will exceed that of previous
years- Several changes have been made
in the personnel of grade teachers since
the annual election on account' of' resig
nations. Following. are the assignment
of grades:
Barclay School First grade, Miss .Har
riet Bray; second. Miss Hattle Cochrane
tihird, Miss Antoinette Walden; fourth
and fifth, Miss Myrtle Taylor; sixth, Miss
Harriet Case; seventh, Miss Sade Chase;
ninth and tenth, Miss Addle Clark, prin
cipal; eleventh, H. D. Wilcox, city super
intendent '
Eastham . School First grade, M'ss
Frances Myers, of Forest Grove; second,
Miss Marjorle Caufield; third," Miss Erma
Lawrence; fourth. Miss Gertrude Nefz
ger; fifth and sixth, Mrs. D. H. Glass;
eighth, ,W. P. Mathews principal.
UNIVERSITY OF OREGON.
Enrollment Will Resin Wednesday
Prospects of Large Attendance.
EUGENE, Or., Sept. 17. Registration at
the University of Oregon will begin Wed
nesday morning, and from present indica
tions the enrollment will be Ihe largest
on record. 'Numbers of students are com
ing in on every train, and the boarding
accommodations of the city will be iaxe,d
to tihe utmost Every 'section of the
state will be well represented, the num
ber coming from Eastern and Southern
Oregon being larger than usual. Ashland
leads the list of outside towns with a
delegation numbering 18. The graduating
class of the Eugene High School will
enter the University this year, adding
about a dozen names to the roll." Port
land will have a better representation
than ever before.
M'MINNVILLE PUBLIC SCHOOLS.
Opened Under Most Favorable Aus
picesEnrollment of About 400.
M'MINNVipLE, SoRt. 'ty The public
schools opened 'this morning under the
most favorable auspices, with Professor
W. W.t Bris'tow principal, and an 'ef
ficient 'corps of assistants. There was an
enrollment of about 400. ThV opening ex
ercises conssted6f songs, addresses-and
the utmost gopd will. ";"'' '"
KPPEICKERS TAKE DEPARTURE.
Rain Floods Campers' Quarters Hop
, LIcq in Vearly AH yar.ds,
INDEPENDENCE, Or., Sept. 17. Hop
pickers are leaving in large numbers.
Owing to the h,eavy rains, campers in the
hopyards are In a continual puddle of
water, and many have taken their de
parture. The rain that has fallen during
the last three days has been of great
volume, and much damage will result to
(hops not yet gathered by reason of mold
and lice. Nearly all the yards now re
port mold among the hops.
The driers about here have about fin
ished up tho prunes, and next week will
make a run on apples.
CLACKAMAS COUNTY PRUNES.
Drying; Near An End Crop Being;
Handled "Without Loss.
OREGON CITY, Sept. 17. With the ex
ception of the Sprlngwater section, Clack
amas County prune-growers are almost
through drying, and the crop Is beln
handled without loss. No sales' have' been
reported, but the best offers made are 4&
cents per pound for 40s and a hal-cent
lower for each successive smaller size. '
The late rains are said to be of material
benefit to late potatoes, and the 'new.
grass has started up in several sections.
LIGHT YIELD, GOOD QUALITY.
Hop Harvest Well' Advanced in Yards
Close to 3IcMInnville. "
M'MINNVILLE, Sept. 17.-Owners of
small hopyards in this section are
through harvesting their crop, while the
larger yards are perhaps half through.
While the hops have not turned out quite
as heavy as former years, thfey are clean
er and of a sqperlor quality.
Sherman County Wlieat.
MORO, Or., Sept. 17. George Wychoff
sold some bluestem wheat last" week for
46 Cents a bushel. This is ' the highest
price paid for wheat in this locality up
to the present
WASHINGTON ASSESSMENT.
Values Fixed on Lands and Improve
ments by State Board
OLYMPIA, Wash!, Sept. 17. The State
Board pf EQUsllzptlon has fixed the as
sessment of lands In the several counties.
a follows:'" ' ,
King, 512 50 per acre; Pierce Clarke,.
Skagit, Snohomish, 510 per acre;
Whatcom, $8 25 per acre;ChehalJs, Clal;
lanC .Island, Lewis, Kitsap, 5T 2j per acre;
Columbia Cowlitz, Jefferson, Pacific, San
Juan," Skamania. Spokane, Wahkiakum,
Walla Walla, Whitman, '$4 80 per acre;
Asotin, Garfield, Lincoln, Mason, Thurs
ton, 53 25 per acre; Ferry, Kfftitas, Klick
itat, Stevens, Yakima, ?2 50 per acre;
Adams, Chelan, Oltanojjan, 51 50"per acre;
Douglas, 51 25 per acre; Franklin, 50 cents
per acre.
The valuations on improvements were
fixed as follows:
Chehalis, Clallam, Jefferson, King, Kit
sap, Pacific, Pierce, Wahkiokijm, 517 "50 per
acre; Clark, Cowlitz, Island, Mason,'
Okqnagan, San Juan, Skagit, Snohomish,
Thurston, ?12 50 per acre; Ferry,! Franklin,
Kittitas, Lewis, Steyens, kamania,
Whatcom, Yakima, 58 per acre; Asotin,
Chelan, Klickitat, 5 per acre; Adams,
Columbia,' Douglas, Garfield, Lincoln, Spo
kane, "Walla "Walla, Whitman, $2 50 "per
COLUMBIA RIVER JETTY ROCK.
government Building Railroad. Snur
to Facilitate Delivery.
ASTORIA, Or., Sept 17. The Govern
ment is building a spur from the terminus
of the Astoria & Columbia" River Railroad
at Fort Stevens, through the reservation,
to the Columbia River jetty. The 'object
of the move is to provide direct delivery
for the rock that is to bo used in the cx-
tension of the harbor improvement When
thet jetty was originally buUt the rock
was brought down the river in barges and
the'rt transferred io cars.
Bishop Morris was at Seaside yesterday,
1 and conducted services' there, returning on
tho aiternpon. train, while on the train
he took up a collection for the benefit of
tho Galveston sufferers. Th contribu
tions amounted to 512. -
Two carloads, of fish arrived here from
The Dalles yesterday; for the local canr
nerymen, but they were Irt'sncb a decom
Dosed condltiori that -they were turned
over to the Do Force oil works, .
City Treasurer Carney will Issue a call
tomorrow for all general fund warrants
Indorsed prior to January i, 1900.
Lum Chu, a local Chinese merchant,
was found'dead sitting. In a, chair in bis
store yesterday. His death "had evidently
resulted frpra heart disease or apoplexy,
sp no Inquest was held. His body will be
shipped to Portland for interment He
was 45 years of age, and had resided in
this city fon. a number of." years.
'! KOIWHWESTBRN DEATHS.
Mrs. Mary E. McPherson, Oregon !pi
oneer of 8$2.
EUGENE, Or., Sept 17. Mrs. Mary E.
McPherson; died at, her home In this city
today, aged fS years and 11 months. With
her husband, J. C. McPherson, who died
in 1885, she came to Oregon," across the
plains, from Missouri, in 1652. They first
settled in Marion County, and. a few years
later .removed to Lane. County, residing
hero continuously since. She -pas . the
mother ofvl3 children, six of wjiora are
living.
- i
'Mrs. N. J. Elklps, pf Dallas.
J)ALLAS, Sept. IT. News has been re
ceived here of the death of Mrs. N. J.
Elkins, at f Long "Beach, Oal., Saturday.
Mrs.' "Elkins, whose ' maiden name wop
Grant, was born in Dallas November 12,
1847. In 1868 she was married to Hon.
W. S. Elkins. of Lebanon, and was a
resident of that place until 1879, when the
family moved to this city, and 'have re
stded'bere continuously ever sincp. Since
1S99 Mrs. Elkins had been in California
In the hope that a change qt climate
would benefit her declining health.
Death was due .to consumption. She
leaves -a husband and Ithree. "children
Miss AUIe Elkins,- of Portland, and Ross
and Arthur Elkins, of Redlands, Cal. ,r
HpBSj AND PRUNES ARE pAMAGEP.
Due to Continued Ratno HoPSfrovrera
Offer Pickers BO Cents Per Box.
DALLASj Or., Sept if. The rain con
tinued today, to the Inconvenience and
probable loss, pf hop and prune plckerq.
Somo hbpgrowers arc off crjng 0 cent$ per
box to obtain pickers tp keep th6 dry kilns
in operation"." The hops are in fair .condi
tion, the weather being exceptionally cool.
Mold Is making yery slow progress.
"TJie prunes have cracked .to some ex
tent but "are in fine condition otherwise.
iG,qo4 weather- must conjq soon, or the
uiinjago iu uuu) unfiles fti mp i? un
doubtedly bp grea The prunedriers have
al been kepj running .continuously so iar,
and the "nroduct is par excellence. The
fruit; is wing freely at 5 pents per pound,
without grading' or commlssipn, 'and scks
lurnisneu.
AN ACCIDENTAL SHOOTING.
Run nifcna;rsjed"in Str.angre Way,
Causing: Death of '1K$ 'enr-pld Boy.
JUNCTION CITY, Or., Sept 17.-e-Yester-doy
afternoon"; at the Spaugh hopyard.
four 'miles north of here, Joe Huckstep,
a boy 1G 'year's of age, was accidentally
shot In the left side with a shotgun, and
"received injuries .which' resulted fatally
loady. 'At tho time of the accident, he
was"'soated in a buggy with his father and,
mqtherVnaa. little bo. Tbey'Tiad been,
picking hopB and had''' started for-Harrls-(
burg.' The boy's parents have no Idea how
the 'gun 'came to be discharged.' 'They
say tho muzzle of1 the gun could not have
been over '12 Inches from the boy when
it 'went off, '"making a great hole in his
side and literally tearing out his stom
ach. -',r ' - -
, Soldiers Hpme Nptej
ROSBBURP, Or., .Sept. 17. Thomas
Hlnes, late of Company F, Eightieth New
York Infantry, -Ciril W3r aged 61 years,
was a4mjtted September 11 , from Jose
phine Copnty.
' There arc now 50 pensioners in the.
Home, anfd on the 12th insf. 51542 was paid
tbrthem for the quarter ending Septem
ber 4, being an average of $10 28 each, per
month, The state does not claim any
part 4f a pensioner's money for the sup
port of'thoHqme or for' any other pui-i
pose. Pensioners purchase their tobaccq
and postage stamps, and" a few voluntar
ily furnish a" part of their qwn clothing.
James McDonald, Company If Fourth
United States Infantry, a veteran of the
Civil War, toqk a" 30 days' furlough on
the 13th inst, 'going ty Salem on busi
ness. This soldier "stood Deside Major
George WlJHaina. of, Portland,, when the
Major lost a leg at Antletam.
Levi H. Bamcs, late of Company F,
One Hundred and Thirty-erghth ""Illinois
Infantry, .admitted frqm Lane., County,
was discharged dij the JSthinst, at his
own request.
James Flnley left on the 5th for a SO
days' visit in Astoria.".
Chelialls County Immigration.
ABERDEEN, Sept 17. Fully 1000 peo
ple'have Iriimlgratd to Chphails County
yrltliln 'the past 12 months. The now
comerg are pf a most desirable class.
Probably the most 'notable acquisitions
are ex-Senators George Clark, of North
Dakota, and Mr. Anderson," of Minneso
ta. Bath' are possessed of considerable
mentis, and promise to contribute in no
small' way 'to the development of the re
sources of this section. At present they
are'giving th.elr attention to agricultural
pursuits.
Oregon Industries.
The Stayton creamery paid 23 cents for
butter fat during August
The Cove drier Is reported to have en
gaged about 3,000,000 pounds of green
fruit.
The Bald Mquntaln mine Is tp be
equipped with a 2tf-3tamP mill of the most
modern type. r
2At Mjnersvllle, a new camp seven
miles southwest of' "Sumpter, important
development work is going on.
J. M. Rrown has bought C000 sbeeR at
the head of Parrlsh Creek, Grant County.
' He paid 53 for ewes and 52 for lambs.
The Florence Lumber ComDony-'s mill
' has been shut down for two weeks on
account 4 of insufficient ropm for piling
lumber." " '
1 Work has been resuped on the Stras-
burg group of mines about five mlle3
, south of Lawton and two miles from the
new towji .or Alamo. , A contract ipr a
500-fodt 't'unne has been let.
-The new: pumps for the Go.ld Ridge
mine, qn Lower Burnt River, arrived dur
ing the week and are now being installed.
It is expected' that they will be in op
eration within a week or J0 days, re-'
moving water from the submerged Tork.
lngs of the mine'.
Messrs. T. B." Hamilton, of Ashwopd,
and T. H. Lafollett, of Prineville, re
turned Monday from the East, 'where
'they went to buy new blood in thorough
bred hucks and cattle for their ranches.
,Mr. Hamilton purchased 80 head of fihe
Delaine bucks and eight head of Durham
cattle.
The 'Athena flouring mill ia installing a
new "51000 Universal flour bolter, which
will do the work of 'five ordinary bolters.
Tho new machine weighs four tons, con
tains eight sections, and has 25G sieves.
Three new stands of .elevators wll be
put in, and every jnachino in the mill,
except the flour-packer, will undergo al
teration.
)i Y-
AN.. AMICUS .QREtilNG
i
ROSEBURG STREET FAIR FAVORED
T BYA LARGE CROWD. '
Largest and. Finest Parade ia His-
" tory of City Increased Attead-
ance Expected Today.
ROSEBURG, Or., Sept 17. The Street
Fair opened today, with splendid weather
and a large attendance. Probably 5000
visitors "are in town. The streets are re
splendent with bunting and profusely dec
orated booths. Tho exhibits of fruit and
vegetables are' very creditable.
Today's parade wasv the longest and fin
est ever seen here. v Bands, floats, fra
ternal organizations. National Guards, and
firemen participated, and the principal
Streets were "crowded with peopje as it
passed, along. L. A. Sanctuary, King 'of
the Carnival, rode horseback, attended by
knights and courtiers. Miss Hejen "Wells,
the" Queen, was attended by Misses Addle
Bacrey, Sylva Stearns, Eva Jacobs and
Elena Reed. They rode in a beautiful
float; trimmed profusely in white, and
were heartily applauded along the entire
line of march. At the end of the route,
a very large crowd congregated and the
crown was' placed upon the head of the
Queen by the King, with due .formality
and ,regal ceTemony. Acting Mayor T.
R. Sheridan then delivered thp keys Qf the
city to their Majesties, and the Prime
Minister read a proclamation declaring the
festivities duly opened, to continue three
days and plghts.
The .remainder of the afternoon and
evening was devoted to street perform
ances, field sports and band concerts.
The principal contest was a foot race
for 100 yards, for a liberal purse, which
was won -by Tip Goodman. .
The management of the ?falr and the
citizens in general are highly elated over
tho success of the opening, and expect
a much larger crowd tomorrow. The
principal event tomorrow will be the hose
race between picked teams from the Eu
gene and Roseburg fire departments for a
purse of $200. Bath teams have been
training for some time, and areconfident
of victory. 'Other features of the suc-
l ceeding two days will be those common to
street fairs in general.
Off' for Pendleton Street Fair.
YANCOUVER. Wash!, , Sept." 17. Tha
Seventh United States Infantry band lef
hero today for Pendleton to fill a week's
engagement to play for the street fair
at that place.
' "" " v
$20.p0 IN TWENTY DAYS.
Result of Work at the Gold Standard
Mine, year Medford.
MEDFORD, Or., Pept. 17.Kubll Bros.,
of the fqld Standard mine, 20 miles from
this city, yesterday brought n a lump of
gQ'd.bulllon representing theyalueof 52000,
the result of a 20 days' rim at their mine,
with five men.
Mining: Stoclc -Quotations.
SPOKANE, Sept 17. The closing bJds for
mining' stocks today were:
Blacktall 50 11
Morrison 50 01
Princess Maud.. IV
ijutte sr Jospn. z
Crystal 3&
Dpr Trail Con. 4
Evqnjn? Star '.. 6
Goia x.edge ...: l
Rambler Cariboo ' 20
Republic 70
ftosslarid Giant.. "8
Sullivan . 13
Watcrjoo 1
Conjecture 2-ji
Amor. "JBoy Gu
Golden Harvest
L. JiU U.
16
Iron" Mask '..... 37
Jim Blaine .... fi
Lone Pine Surp. 85
Mom. Glory.... CJ.
jCopper- Queen... 8W
Bodie . .' fe
SAN FRANCISCO, Sept '17. Official closing
quotations for mining stocks:
AUa.' V.?0 02rJusUce. .'..50 02
Alpha Con aiMexiean 2ft
Andes tiiOceldentft! r!nn .,. T
JRelcher ,..;,... ,17 OpUlr , 43
puuiqn-. ZlOverman 10
Best'& Belcher... 20Potos? 17
Caledonia., 4l(gos.,J3elchex 2
Challenge Con ... 23i Sierra" Nevada ... 30
Chollar A.-...... ltJSllVer Hill ,..;.. 38
Confjdcnce 7PStaidard ,. 4 10
Con. Cal. &'Va... 1 lOJtfnlon Con ...... lc
Crown Point .... 131 Utah-Con. ::.... 5
Gould & Cprry.., 31) yellow Jacket ... " 20
Hale & Nbrcross.. 201
NEW TORI?. Sept. 17. Mlnjng stocks today
closed 'as foifows:
Chollar
Crown P6Int.
Con Cal. & va.
Dcadtvood
S0..151 Ontario 5 75
. lOjOphlr 41
. 1 GO Plymouth .' io
. CO RulcKsllver' 1 CO
Gould & Curry... 30 do prof JB 50
Hale & Norcross . 171 Sierra. Neiiaa ... 25
Homefitake 50 00 Standard .'".....:. 'i 20"
Iron Silver 60Unton Con- "'15
Mexican 2$ Yellow Jacket 15
BPSTON, Sept. 17. Closing quotations:
Adventure .. 4 DO! Osc'co"a 5 P5 0Q
AHouea M. Co.. 1 OOlParrot 40 5Q
Amol Copper.. 87 GOJQuIrtcy :.: 145 00
Atlantic 22 501 Santa Fe "Cop.: 4 GO.
BOS & Mont.. 311 03 Tamarack 218 00
Cal. & Hecyi.. 740 00 Utah Mining ... 28 87
Centennial ... 15 00 WTnoHa 2 50
Franklin 18 00 Wolverines ..... 40 00
Humbold ,.,.. 25 QQJ
jsiy be sent to yjkKconvEm.
Rumor That the Borraclca Are to
Ifaye'phansre of Command.
"VANCOUVER BAHACKS, "Wash., Sept
17. It is rumored that Colonel Theodore
Schwan, prigadier-General of "Volunteers,
and""Colonel in the Adjutant-General's 'de
partment, TvllLhs ordered to Vancouver
Barracks to take command of the depart
ment. It Is said alothat another com
papy of the Seventh is expected here
soon. One hundred and ten mules "were
taken by, the steamer Undine from tho
Government dock to "Portland this after
npopj to be shipped on the transport
Thyra to Manila,
FOUND DEAD IN BED.
E. 91. Frjedrlcb, HoppicUer, Suc
cumbs to Heart Disease.
AURORA. Or., Sept 17. E. M. Tfled
rich, about 60 years of age, wa's found
dead in his . bed "at, the "farm of H".' Xu
Bents' between Adrora and Butteville,
late yesterday afternoon. Mr. Friedrich
camo up. from Portland to pick, hops for
Mr. $enta. 'Ife was in apparent good
liealth up to about 10 o'clock yesterday,
when he complained of belnp tired, saying
he would He down a while and rest. In
the evening, when those who 'have "been
rooming w'th Mr, Jj'riedrich came in, they
found him dead. Death was due" fo heart
failure. '
CAVALBA HORDES FOR. PHILIPPINES
Government Buyers Secure Over IOOO
in Eastern "Washington. ,
VANCOUVER, Wash.. Sept. 17. Captain
Wainwright and assistants have returned
her from Eastern Washington, where
they have been buying horses apd mules
for the United Spates Cavalry service in
the Philippines.- Nearly 1000 horses and
260 mules were purchased. About nine
hundred horses are 'now being cared for
at Vancouver Barracks, awaiting trans-portation-to
the, 'Philippines by the United
States transports "Cennox and Thyra,
which are being refitted in Portland.
Alaska Diggings No Good. -
' SEATTLE, Wash., Sept. 17. A special to
the Times from Dawson says: According
to the statements of earnest, reliable min
ers now returned to Dawson""from the
.Tanana district, "after thoroughly pros
pecting and panning on all the different
developed creeks, the diggings are no
good.
Oregon Land Decisions.
WASHINGTON, Sept" 17 The Secretary
of the Interior has "reversed the action of
the General Land Office and permitted the
homestead entry of Sheridan HI Croy for
a quarter-section "tract in the" Roseburg
land district, Oregon, to stand intact.
This land had been held to""6e within
the grant to the Oregon & California
Railroad Company.
Independence Light Quesiipn.
.INDEPENDENCE, dr., Sept 17. Now
that the short days and long nights are
comingLpn, there is some talk about -having
lights on the streets at night, espe
cially during the Winter, A proposition
was, up before the City Council gome time
ago looking to this ohjecj, hut the electric
light people and tha Council did not seem
to agfee, and the; projectf fell through.
Circuit Court la Hero.
MQBQ, Or., Sept. 17. Circuit Court will
convene on 3aonday, October- L Thls ,wili
be the grst term of court held in Moro
for several months owins t the smallpox
scare. J ,. -
"T "
Wasninarton-Penslons.
"WASHINGTON, Sept 17. The following
Washington pensions hfWe been .granted:
Henry B. Griflath, Wotervjlle, $3; Vincent
T. Cover, Tacoma1; $8, and Edward K.
Hanson, Touchet, $17.
Washington Industries.
Aberdeen is to have a new shipyard.
Oakesdale buyers purchased about 60,000
bushels of wheat last xteelz at prices
Tanging from 42 to 45 cents per bushel.
The contract for the new 120.000 tele
phone building at Tacoma has been let.
The structure will be finished In 100 days.
Natural gas lg believed to have been
discovered near -Rack" Lake north of Col
fax. 2t 'has a strong odor and burns
freely.. ' ' ,
D. Bf Putman purchased at Oakesdale
last week about 20,000 bushel3 of wheat
for the Pacific Coast Elevator Company
at prices' ranging from 42 to 44 cents per
bushel.
The wing dam across the StellacniapiJsh
River at Arlington has been finished.
There has been 1200 feet built, at a cost to
the county of 54 73 per foot, making; in
round numbers, ?576.
A firm at Whatcom recently manufac
tured 266 cords of sound shingle bolts
out of a log that had lain on the grquud
fqr Q years. The log was 16 feet in
diameter at the butt and" nine feet at the
small end.
Another big wash-up has taken place at
the Cariboo consolidated hydraulic mine's.
The exact figures are not yet obtainable,
but reports place the value of the return
at from 5180,000 to 5200.00Q. It is quite
likely that the wash-up may have added
at least 5150,000 to the results of the first
clean-up of ?he season, whichi exceeded
5135,000 In value.
.Harvest Is about completed in the. Pa
louse country. Some of "the late individ
ual crop reports are not at all flattering.
Jerome Gooch has finished threshing CO
acres of Spring-sown Summer-fallow,
which yielded a total of 278 sacks, or" a
llttlo less than 10 bushels p'er acre. Fred
Campbel had an average yield'of about 22
bushels per aero from 70 acres of Spring
sown Summer-fallqw. Many yields, how
ever, are going above expectations.
The Great Northern tunnel under Ihe
City of Everett has been comDleted.
Track-laying has hen started at the east
end of the tunnel, and it is expected to
have trains running through it in about
20 days. When the Great Northern be
gins using the tunnel several miles of the
presopt line will bo abandoned. The trains
will run Into the center at the city, and
the long run around the peninsula, be
tween the Sound" and the , Snohomish
River, will be saved.. Th,e change will
ahortpn tho Great Northern main line
four or five miles. "
Wasliinprton Notes.
A new livery enterprise is Jikely to be
smarted at Tacoma which will use jauto
mobllcs. Tramps stole a preacher's grip at North
Takima during the recent conference. It
contained ' 52CO.
The Fusion forces of Snohomish and
Kitsap Counties have nominated B. E.
Padgett for Judge of that district
.Tacqma is Infected with petty thieves
who rob hou?e3 and practice" their pro
fession iaheap hotel and lodging-houses.
Sheriff Canutt Was fined ?50 for contempt
of court by Judge McDonald, at, Colfax
last weekx. .Canutttgaye noti.ee Qt, appeal
to the EJuPrerns Court. " .
Arrangements are being made at Taco
ma for bptter . fire protection for the
water front. Water mains-will be laid
along. the bluffs and plugs connected.
It is thought that October 10, the date
-when the Colville reservation will be
opened, fully 2CO0 homeseekers will be on
hand to locate claims.
William C. Miller has brought suit
against G. A. Burch at Seattle for 52040.
He alleges he wa3 injured to this
amount by a loaded cigar, which Burch
presented him.
Ben Camp, " Democratic (nominee for
Superintendent of Walla Walla Softools,
has withdrawn from the nomination. He
i3 now located at Kendick, Idaho, where
he has a good position.
It is estimated thero will be 30Q more
Votes In Wahkiakum Copnty this year
than four year? ago. This fact makes tfte
result somewhat problematical. Both
parties will make every effort to win
over these new votes.
Spokanp's posta.. money .order service is
to be .improved, it is the intention of
the department to mak"e that city an ex
change office with British Columblaf and
later to enter the postofllce" In the clearing-house
with the local banks.
J. C. Sweet has been awarded 550 dam
ages at Whatcom" agralnst E. L. Nicholson-
He brought suit for 51000. complain
ing that Nicholson wrongfully caused his
namo be placed on the black list of
the Mercantile Protective Association.
The Pacific Coast Compapy has ad
vanced the wages of its mine employes
from 8 to 15 per cent. This advance af
fects nearly all men working on dally
wage scale at Coal Creek, Newcastle,
Lawson and Franklin, and directly affects
over 720 coal miners and employes around
the mines.
W. R. Mqul tray's big span of draught
horses were drowned in the mlllpond at
Nooksack Friday." They weighed 3SO0
pounds and"were said to be the heaviest
team in the county. Mr. Moultray re
cently refused an offer of .5500 for them.
They were dragged into the pond by a
heavy log".
At tha Port Townsend Democratic pri
maries Friday, but three of tho five
wards chose delegates to the County Con
vention, &3 there were not enough Demo
crats ptesant hi the other two wards- to
hold primaries those precincts will go un
represented unless the convention Itself
selects men fom those wards.
'A large hophouse, owned by Sam Stqr
row, on Nob Hill, was burned last nighty
The building was the finest and best'
hop-drying plant In Takima County. The
insurance carried amounted to 5700, which
will not repay the owner. About one
ton of hops was being dried at the time
of the fire. This is the second hop
nouse burned on the same place within the
past few years.
t t -
Idaho Notes.
The Democratic Times has "resumed
publication at Moscow.
Harvesting about "Moscow yielded on an
average '25 bushels to 'the acre.
RJph qre has been struck in the heart
of Silver City, which assays 53 to the
pound. Some of if runs up to 510. De
velopment 'has begun.
The University of Idaho, will have' an
educational exhibit at the lntermauntain
fair at Boise, and also at the Nes Pcrce3
County fair at Lewiston. Tlie -exhibit is
now being prepared.
The Jjewiston Tribune reports that large
catches of salmon have been made re
cently on the Vlneland side of the Snake
River. The Industry has been very profit
able during the heavy run. So great has
been the supply that it has exceeded the
local demand.
Representative Wilson has received
from the Agricultural Department in- ,
structlons, materials and tags tor pacKing
and shipping fruit to the Paris exposition.
Those deslrinsr to join In making tho ex
hibit may qbtain these supplies from him,, j
The fruit must leave not later tnan tne
20th, as It will be shipped on a steamer
leaving New York on the 26th. It will be
Judjred at the exposition Qcjtober 16.
sllpm..in.;a
?
- ii-N iJ:
ENTIRE TCBJWTQRT HAS BEEN DE
CLARED TO BE INFECTED.
Retnrninir Vessels Ordered, to Call at
Port Townsend and Undergo Strict
Quarantine Inspection.
PORT TOWNSEND, Wash., Sept 17.
The entire territory of Alaska .has been
declared to be smallpox Infected, and all
vessela coming here from Alaska will be
Inspected. 8pc,h are the telegraphic In
structions received today by Dr. Foster.
United States quarantine officer, from the
department at Washington. Heretofore
vessels arriving-from Capo Nome, St Mi
chael and Dutch Harbor have been under
quarantine regulations, but according to
orders received today all vessels from
Southeastern Alaska will hove to call here
for quarantine Inspection.
Fishtrap men alopg the Straits of Fuca
are. in trouble, and Deputy Fish Commis
sioner Boardman has caused ft. warrant
to be' issued for the arrest of B. A. Sea
borg, general manager for the Puget
Sound Paqking Company. Sheriff a.mlth,
of Clallam County, passed through here
today on his way to Falrhaven to make,
tho arr&st. Several traps have, been put
In, inside of the three-mile limit to the
mouths of Hoko and Elwha Rivers.
MACHINERY FOR OREGON MINE.
Electric .Plant Added to Equipment
of Cornucopia Property.
BAKER CITY. SeDt 17. An electric
..plant for the Cornucopia, mine, arrived
in inis city yesieraay ana was imme
diately transfered to its destination. It
consists of a 15-driU air compressor and
an electric hoist of 50 hor3e-power.
Everything is in readiness at the propefty
and the machinery win be installed with
out delay.
A larger number of men probably are
employed at the Cornucopta. mine than In
any other property In Eastern Oregon.
One hundred hoid positions in the mTnes
and mill, and about 50 arc engaged' "in
other work directly connected with the
property. The mill will be operated con
tinuously during- the Winter. The "prop
erty is owned by John 1E. Searles, the
ex-sujjor king, of New York, and is being
developed on an extensive scale.
RAIN IN WASHINGTON.
Something New to Yakima Hop
Erorrera Xo Damage Yet.
NORTH YAKIMA, Sept 17. Yakima
hopgrowers have experienced sometltfnjr
new to them, in harvest time, and that is
two days of rain. The crop is about
haf qut of the yards. The growers aro
alarmed lest the wet weather conthricj
for a few days. If it should, there will
be heavy losses in all the yards-
At this stage of the picking it is esti
mated that the Yakima crop will amount
to about 12Q0O bales, If there are nq
losses. Less than one-fourt'h. of It has
been secured by tha dealers. Thirteen
cents was th.e top price paid last week,
though it is claimed- by growers that bet
ter pffprs are out. Tho transactions of
the week covered less than 100 bales.
ASKED TO CAMPAIGN IN IDAHO.
Republican aianagers Wl'jh to Enllit
. Services o Governor Gccr
SALEM. Sept. 17. The Republican cam
paign managers of the State of Idaho
have asked Governor Geer to devote, all
his time after September 25 and prior to
his departure for Ohio in October to
camDaign speaking In that state.
or Weak Men'
If you are in trouble and suffering from
y sclatlpa, lumbago, rheumatism or a eak
back, and will wear one of my belt3, in
a short time you "will be glad to say tho
same thing.
1 will send free to any ad
dress,upon request,my bcau
tifully .illustrated 80 -page
book, "THREE CLASSES OP
MEN." It is worth $100 to
any weak rnan.
It tells all about my DR. SANDEN
ELECTRIC BELTS, and how they are
used to cure such, cases as rheumatism,
lumbago, sciatica, lame, 'back, kidney,
liver and stomach disorders, sleeplessness,
Or any of those diseases peculiar to man.
Write today or call at my office and
consult free of charge.
Dr. A. T. Sanden
' Cor. Fourth and Morrison
Streets
Portland
Oregon
PAUL CROMWELL
The Colored Specialist
Has opened up his office at 347 Eront. and
will sell Is medicine as usual. Medicines
for all kinds of chronic diseases.
THE SVSQNTANA
State School of Mines
At Butte, ilontana. will open Sept. 11, 'IOOO.
Full foQr years" course of Instruction offered;
two terms of ?0 weeks each per year. Tuition
rree to Montana, students; others pay $23 per
term. For other information address X. R.
Leonard. Butte. Mont
K.V..'l.n9M,um.m..m.tu IWJkMl )HfJju
'EmmMsi
Curs Indlgmatlon,
Stck Hmsalachm
10 cents and 25 cents, at all dro? stcrta,