THE MORNING OREGONIAN, TUESDAY, NOVEMBEB 13, 1S0& TGREPRESENTSTATE Governor Geer Appoints Pan American Commissioner. IRRIGATION CONGRESS DELEGATE Individuals Arei It Alexander, of Pendleton, and D. H. Stearns, o Portland, Respectively. 8AIBM, Or., Nov. 12. Governor peer today appointed B. Alexander, of Pen dleton, a member of the commission to represent Oregon, at the Pan-American Exposition at Buffalo, and D. H. Steams, of Portland, a delegate to represent this etate at the Irrigation Congress, to be held la Chicago. November 21-24. Six other delegates -will be appointed bn the latter commission. If suitable persona can be found -who 7111 attend. Invitation for Governor Geer. Governor Geer has heen Invited to "a tend the ceremony of the laying of the corner-stone for a new million-dollar Stateaouse at Uttle Rock, Ark. Statehonae Boxlneaa. Tho loewenberg-Golng Company today paid into the state treasury $945 07, the Amount due for convict labor for the tnonth of October. George J. Bentley, of Colorado, and Thaddeus B. "Wakeman. of New York, were today admitted to the bar for uina months, and W. T. Vaughn was perma nently admitted. KO ATTEMPT TO FJ0OAT LIGHTSHIP. Hlea. Tldea X4utVeeIc Sid Not Fa vor Hovlnjr Stranded Teasel. ASTORIA, Nov. 12. during the high tides of last week It was Impossible to make any attempt to get the lightship off the sands at McKenxle Head, as there was no swell on the ocean. Everything was In readiness and with the high tides she was almost afloat, but there was not the needed swell to assist, so the op portunity was lost. It Is understood that the contract of Wolff & Zwlcker with the Government expires the first of the year. Disease on a Foreign Ship. "Wnea tho British ship Morven arrived In port a few days ago State Health Officer Dr. J. A. Pulton found that, a member of the crew was suffering with a fever, and as the vessel came from Aca pulco, a diseaserbreedlng port, he ordered that the man be taken ashore to the !hospitaL The captain of the vessel paid no attention to the orders, and two days later the vessel, in tow of a steamer, started up the river. Dr. Fulton learned of this and "had her stopped, and at the came time told the captain unless the man was sent ashore the vessel would be placed In quarantine. The man was then sent to the hospital and tho vessel pro ceeded up the river. The man has a se vere attack of malarial fever, which he contracted at Acapulco. Manifest of Tarn O'Shanter. The manifest of the barkentlne Tarn O'Shanter, which loaded lumber at Knapp ton for San Francisco, was filed at the custom-house today. Her cargo consisted of 559,072 feet of lumber and 30,923 feet of laths. IN THE LAAD OF BIG RAKCHES. Hollander Surprised to Find Ore icon Farm as Large as His Country. ONTARIO, Or., Nov. 12. Mr. "W. J. Van Llmburgh. Jr., a prominent young rancher of Malheur County, returned from New York yesterday, where he met his father from Rotterdam. Holland, who came to this country as an escort of young Van LlmburglVa fiancee. The wedding took place In New York, and the couple came at once to this place, their future home. The bride's name was Miss S. M. Boode, from The Hague. Holland. There was an Interesting" episode today at the Hotel Ontario, where the party is registered. "William Handly. owner of a big ranch In Harney County, for whom young Van Llmburgh worked when he first came to this country, was In Ontario yesterday, and sought an Interview with the senior Van Llmburgh, who Is pre paring to return to Holland. In the course of the conversation Mr. Handly Inquired of the ' old Hollander If they had any big ranches in Holland. After) the son had acted as Interpreter and ex plained .to his father the meaning of "ranch," the eld gentleman replied: "Yes, yes; we have many. A great many wealthy people own 'ranches con taining two acres, and there are a few five-acre 'ranches in Holland." The Oregon rancher, who is a native of the state, gave a look of disgust that was apparent to the young Hollander, who Immediately explained to his father that Mr Handly was a large ranch owner. "How many acres?" inquired the old gentleman. "I only out the hay from 2000 acres," replied Mr. Handly, "but have 5000 acres under fence; the other 10,000 acres lie In the hills, and are used for grazing pur poses. " He had doubtless gone the full limit In telling about five-acre tracts in Hol land, and when Mr. Handly spoke Of own ing a ranch almost as large as Holland Mr. Van Llmburgh was greatly surprised, and it was only after putting several questions to his son that he was satisfied that Oregon did contain such large indi vidual ranches. TO ESCAPE EDITOR'S WRATH. Mining; Promoter Secure Control of Paper He Edited. BAKBR CITY. Nov. 12. Letson Balllet, the well-known mining promoter, today acquired the Baker City Herald, the pa per whioh has so bitterly attacked him during the past month. The "battle" was even taken into the local and United States Courts by Mr. Balllet. The editor of the Herald, Henry F. Cas sldy, returned today from Portland, where he appeared in the injunction pro ceedings begun there by Balllet, and found the owners of the paper disposed to force hjm out. Balllet's interests are in the name of J. Livermore Bush, to whom the bill of sale was made. Editor Cassldy found that the condi tions of the lease and bond, under which he managed the paper, had been made too onerous to continue the editorship, and yielded the management of tho paper with the statement that he did not alter In any particular the accusations he had made against Balllet. As the legal fight between the two Interests has attracted rauch attention looally. the change of management created a stir. Following the failure of an effort to secure an in junction to enjoin publication of the charges against Balllet. friends of Editor Cassldy find In the purchase evidence of his victory la the contest. STRfCK BY ROCK FROM EXPLOSION Occapant of a DaRont at Xoltn Suf fered Fatal Injuries, PENDLETON. Or., Nov. 12. Fred Hyde died at the County Hespltal at 6 o'clock this evening from the effects of being struck on the head by a piece of rock as large as a man's hat at NoUn, 16 miles west of Pendleton, at 3 o'clock Sunday afternoon. A gang of men at work on the O. R. & N. Railroad, on the cut-off, put In a blest and gave warning. Hyde retired to a "dugout" used as. fe. powder house. Instead of geing with the father men to a point of safety. His object In taking the position he did was to get a kedak picture ef the explosion. The rock crushed through the roof of the dug out and struck Hyde en the head, frac turing his skull and contusing the base of the brain. Ho never regained con sciousness from the time of the accident until "death came. He- was brought ..to Pendleton Sunday night, remained In the waitlnsr-room of the depot all night, and was taken to h& Couny Hospital this morning. . Contractor Buttz, lor whom Hyde was working as timekeeper, accompanied him "here. The father of deceased irrrved at S o'clock this evening from Northpori, Wash. The funeral will occur nere Tues day. Deceased came here from Tacoma, and was aged about 35 years. AFFAIRS OF OREGON CITY. Business Transacted at aieettas: of. the Council Last Mslit. OREGON OITY, Or., Nov. 12. At an ad journed meeting of the City Council to night, a petition was presented from tho Water Commission for an -expression ra voring the amendment of the city char ter, -authorizing the issuance of bonds for $156,000 to construct a pipe line for a wa ter supply from the south fork of the Clackamas River, 26 miles distant. On motion, a committee of three was ap pointed to confer with the Water Com mission. The following Judges and clerks were appointed for the city election, to "be hela the first Monday In December: First Ward Judge, J. Stuart, H. W. Trembath, M. E. Willoughby; clerks, J. W. Boatman, Alex Schram. Second Ward Judges, C C Babcock, T. S. Lawrence, C. N. Greenman; clerks, J. C. Rhoades, Will Logus. Third Ward Judges, J. Harrington, B. C. Curry, D. G. Fuge; clerks, George F. Ely, L. Stlpp. In the engineer's sewer report, he stat ed that he could not be present to keep a force account of sewer work, nut had directed the inspector to attend to It. He stated that the original plans made by Engineer Kelly were in tho hands of Mitchell & Hard, the contractors, ana that they had not returned the same on demand, and he was unable to set the grade stakes for additional work. Mr. Mitchell replied that the plans consisted bf a blue print map, and he herewith re turned the same. Mr. Mitchell said that he would not have the bills for extra work presented at this meeting. Forest Grove aiunlclpal Interests. FOREST GROVE, Or., Nov. 02. E. Wf jainH has made a proposition to the city to furnish lights and water for a term of 10 years, for 5800 a year less than is now paid for the same service. He further agrees to run the incandescent lights all night, without any additional cost. Under the present arrangement they are only run to midnight. Mayor F. T. Kane appointed a com mittee to make thorough investigation of the proposition. The Council ordered a warrant drawn for $813 03, to pay the semi-annual Inter est on the clty'B bonded indebtedness. NORTHWEST DEAD. Mrs. Sophia Mercer, of Forest Grove. FOREST GROVE, Or., Nov. 12. Mrs. Sophia Mercer, who came to Oregon In 1S52. died at the residence of her daugh ter, Mrs. D. C. Stewart, In this place, today. Deceased was born "hi France; in 1812. In 1840 she married Samuel A. Lee. Twelve years later they set out from Missouri for Oregon, While on the way across the plains her husband died. Un daunted, she pushed on, and the same year arrived in Yamhill County, settling at North Yamhill. In 1S53 she married H. B. Mercer, who died several years ago. Two children survive her, Alfred Lee, of New 'Whatcom, and Mrs. D. C. Stewart, of this place. Report Not Correct. FOREST GROVE, Or., Nov. 12. D. C. Stewart, of this place, a brother of Em- mmger Stewart, oi .uayviue, wno was reported to have died Saturday, as tho result of being gored by a vicious ,cow, today received a message from his broth er, saying that he was still alive, but was very low. Died "While en Ronte to Asylum. BAKER CITY, Nov. 12. Hans Fischer, a miner and laborer, who was brought nere yesterday from Sumpter, on his way to the Asylum, died an hour before Sheriff Huntington was to start with him on the train. He suffered from epileptic fits, and from which death resulted. When the men went to put on his shoes for tho trip, they discovered ho was dead. Better Stock Market Since Election. ONTARIO, Or., Nov. 1Z The stock market, which became very dull a few months previous to the election, has re vived, and stockmen here and at other points in Malheur and Harney Counties report a much better demand and In creased prices within the past week. There are many inquiries as to the prices for horses and cattle, and some large deals are on. Telegraph and telephone lines are kept busy answering queries and consummating sales. There Is no grumbling, even among the Democrats, over the result of the elec tion, and there Is no exultation on the part of Republicans. All have settled down to business, as If no such event had occurred. Vancouver and Alblna Football. VANCOUVER, Wash., Nov. 12. The first football game of the season In Van couver took place yesterday afternoon on the City Levee Field, between the Van couver Tribunes and the Alblnas, of Portland. The game resulted lrt a victory for the Vancouver team, the score be ing 10 to 5. Oregon Notes. The Coquille Academy openecd Mon day. The new switch at Junction was fin ished last week. " Less than $4000 remains unpaid of the Lane County 1S99 tax roll. The Junction Council has restricted bi cycle riding on certain sidewalks. The Sheriff of Lane County turned over to the Treasurer $7008 40 Saturday. Staging between Coquille and Marsh field has been discontinued on account of bad roads. Lakevlew will have an express office as soon as arrangements are completed with Wells-Fargo, The Salem district convention of the Marlon County Sunday School Associa tion will meet Friday. Eugene merchants have offered a stand ing reward of $100 for conviction of any person stealing from their stores. Work on the bridges and gradings at Lawton is progressing favorably and Is expected to be finished before Winter. Miss Lulu Jones, the victim of the mur derous assault at Jefferson, a short time ago. Is out of danger and is nearing re covery. The Republicans of Halsey held a rati fication meeting Saturday evening, which was attended by many people "from all parts of the county. Arrangoments may be made whereby Dr. T. L. Eliot, of Portland, will occupy the pulpit of the Salem Unltarlal Church each Sunday for a short time. Mrs. A. H. Black, wife of Representa tive BtacTc, of Coos County, died at her home In Myrtle Point, last week. She had boen ill for several weeks and death was not uncxepected. The body will be interred in Illinois, her native home. All Huntington turned out Friday, says Ihe Baker City Democrat, to see J. O. Moudy and J. C. Meyers pay election pen alties. They gave wheelbarrow rides to J. F. Goodman and Pete Johnson, who bet on McKinley. The route was lined with Interested spectators. Residents of the "Panhandle" In Union " County have petitioned the postal depart ment that the Winter mall schedule out of Baker City be altered so as to make Rich land the night station. Under this ohange the scredulc would be by day, which would be a great convenience to oJti xens along the route. The present Baker Clty-Spartaoute is too long and causes needless delay in the delivery of mall. vmmw. case decided MOST IMPORTANT OF FIVE DE-j CISIONS BY SUPREME COURT. That of Security Savings & Loan Association et al., Versus .Bertha. LoeTrealierc et al. SALEM, Or., Nov. 13. The Supreme Court today handed down decisions in five cases, the most important of which was the case of the Security Savings & Trust Company, First National Bank, of Portland, and London & San Francisco J Bank, appellants, vs. Bertha Loewcnberg, executrix of the last will and testament of Julius Loewenberg, the Merchants National Bank, William Mackintosh and Bertha Loewenberg, defendants, and J. Frank Watson, and H. C Leonard, re spondents. This case comes from Mult nomah County, where It was decided in favor of Watson and Leonard by Judge J. B. Cleland. In the Supreme Court the case Is reviewed in an opinion by Chief Justice Bean, Judge- Moore concurring, and Judge Wolverton, dissenting. This was a suit to foreclose a trust deed given to secure the payment of money. On June IS, 1S93, the defendant, Loewenberg, and wife conveyed to the plaintiff, as trustee, by a deed absolute In form, certain real property, to. secure SUPERINTENDENT OF If ill n I'l'iK' Jwki? nwll FJfilll I iHHrjHr R. B. Bryan, tho new Superintendent of Public Instruction for Washington, was born in Hancock County, Ohio, August 1, 1&42. He- removed with Ms parents to Iowa In 1632, where he resided until the breaking out of the Civil War, when he enlisted as a private in Company I, Third Iowa Infantry. Professor Brian was educated in the schools of Ohio and Iowa. He bcs&a teaching In 1867, and has continued in educational work almost exclusively from that time to the pres ent. He has had six years' experience as County Superintendent, and was the first State Superintendent of Public Instruction In "Washington. He cama to the Pacific Coast in ISSU, and in 1S83 became principal of the pubUo schools of Montesano, Wash., which position he held until elected State Superintendent.' In 1891 he was elected Superintendent of the Public Schools of Aberdeen, which position he has held until the close of the last school year. the payment of $100,000, to bo loaned to him by certain banks of Portland, and contemporaneously therewith, as a part of the same transaction, received from the Trust Company a w-rltten defeasance, which, after setting out the fact of the conveyance, recited the condition upon which It was given, and provided that wheneyer the sums of money borrowed, together with Interest and taxes, should be repaid, the property would be recon veyed. The deed was recorded July 27, 1SK3, but no record was made of the de feasance. The associated banks there upon advanced money to Loewenberg 1 tnrough tho plaintiff corporation, aggre gating In amount to $100,000, the large part of which had been repaid prior to the commencement of this suit. On Jan uary S. 1SD5, Loewenberg was indebted to the First National Bank, of Portland. In tho sum of $23,000, and to the London & San Francisco Bank In tho sum or $10,00), but, fearing the effect upon his creditors, refused to secure the same by a formal mortgage upon the property described In the deed to the plaintiff corporation. After much importunity, however, he executed to the banks a written instrument, by which he agreed that the hanks should hold the property therein described as security for the sums due. This agree ment was not recorded, but a memoran dum was made thereof in tho books of tie plaintiff corporation which agreed by parol to hold the title to the property therein described in trust, to secure the payment of the amounts due the two banks. The defendants, Watson and Leonard, a short time thereafter, without knowledge of the instrument of January 5, and without making any Inquiry of the plaintiff corporation as to the nature and character of Its claim under the deed of June IS, commenced an action against Loewenberg to recover $15,000 and $4000, respectively, attached the property, re covered judgment and secured an order for the sale of the attached property. This suit having been brougnt to foreclose the lien of the trust company for the balance duo on the $100,000 loans, also to fore close tho instrument of January B, Wat son and Leonard answered, claiming that they should prevail over the rights of plaintiff banks under the instrument of January 5, 1S95, because they had no knowledge of its existence at the time the levies were made. The court below held their contention sound, and the plain tiffs appealed to the Supreme Court. In the Supreme Court plaintiffs insisted that the deed of June 19, conveyed the legal title, and that no Interest remained in Loewenberg kbich could be attached; while defendants contended that the transaction amounted to nothing more than a mortcage. The prevailing opinion of the Supreme Court holds that the instrument was a mortEage, and that Watson and Leonard are entitled to the same rights as If they had purchased the property from Loewen berg without actual knowledge of Jhe In strument of January 5, 1805, and that they are chargeable only with such notice as the record Imparts. As to the notice with which Watson and Leonard are chargeable, the opinion says: 'The rule adopted in this state is that such record is sufficient: Hazeltine vs. Espey, 13 Or., 301. And this must be re garded as the settled law and kept in view in determining the question. This doctrine does not proceed upon the theory rthat the record gives notice of the actual transaction, but upon the assumption that the record Is notice of a greater Interest than the grantee really has, and there fore cannot mislead an Intending pur chaser to his Injur'. . . If an Intending purchaser does not pursue the investiga tion, he is, nevertheless, chargeable with all the facts such Inquiry would have elicited. . . If the Inquiry should not disclose the true condition of the title, the Inquirer would have perf6rmed-all the duty the law Imposes upon him, and would be protected against the claims of the jntmtee." In his dissenting opinion. Justice .Wol verton agrees thtt the instrument of June 19 was a mortgage, but holds that' the in- 1 quiry required of Watson and Leonard lit not exacted beyond the ascertainment j of the nature and conditions of the single transaction, of which the recorded deed does not impart notice of a subsequent unrecorded equitable mortgage ivcn to secure further and different demand. Jn his opinion Justice Wolverton says; "It was not the purpose of the" recording acts to compel inquiry, but rather to render it unnecessary, further than to consult public records. The moTtgagfe, whatever may "be Its form, can give but One kind of Interest In this tate that Is, a Ben noon the property for the demand Tor the securing of which it Tras created; and to say that the effect of its partial record will Impart notice or compel In quiry of the mortgage for subsequent mortgages or Incumbrances, or, if carried to its natural consequence, for convey ances o. the legal estate which are pur posely wlthueld from the public, seems contrary to the purpose, and Is carrying constructive notice of such a record far bevond any reasonable intendment of the recording act. It would permit the exe cution of a mortgage by deed and separ ate defeasance to secure an insignificant sum, covering vast estates in realty, ands thereafter, secret dealings and traffic with the property between the parties thereto, as fully as they may desire, and all at the peril of purchasers and attaching creditors !" they do not Inquire of tho mortgage touching what incumbrance or what estate he presently has in the prop erty." 1C. O. Cederson. respondent, vs. the Ore gon Railway & "Navigation Company, ap pellant, from Wasco County, W. L. Brad- PUBLIC INSTRUCfiOtf. shaw, Judge; affirmed. Opinion by Wol verton. J. Tills was an action to recover damages for the killing of William CedeTson near The Dalles, in November, ISM. The kllW Ing was alleged to have been through the negligence of defendant company In oper ating its -railroad. The opinion reviews at length the various questions involved and, finding no error, the judgment of the Court below In favor of the plaintiff, is affirmed. B. F. Saylor, appellant, vs. Common wealth Investment & Banking Company et al., respondents, from MUltnomfh County, Alfred F. Sears, Jr., Judge; af firmed. Opinion by Bean, C. J. This was a' suit oy an alleged creditor of the Commonwealth Investment & Banking Company, against Its stockhold ers, to subject the amount remaining un paid on their subscriptions to the capital stock of the payment of his judgment. The successful defense to the payment of the judgment Is shown in this portion of the decision: "It was a Judgment by de fault, based upon a service made by White, the person who executed the con tract. In whose favor it was made, and who was liable thereon as an indorser. We have, therefore, an attempt to enforce against the stockholders of a. corporation a judgment recovered by default upon a contract made by the president with him self as an Individual, and based upon the service of process upon him. In our opinion such a judgment Is prima facie fraudulent, and void upon Its face as aeainst the defendant stockholders." A. W. Sllsby and George H. Bennls, re spondents, vs. W. J. Strong, appellant, from Josephine County, H. K, Hanna, Judge; affirmed. Opinion by Wolver ton. J. This was an action to recover certain personal property, which had been trans1 ferred to them by the Elmer-Brown Cop per Mining & Smelting Company, in trust for the creditors of the company. It was alleged that defendants took away the property before the trust had been fully executed. The trial resulted In favor of plaintiffs, and they have won again in tho Supreme Court, it being1 held that there was no error in the court below. Emma S. Kester, appellant, vs. James Kester and John Denny, respondents, from Linn County, George H. Burnett, Judge; affirmed. Opinion by Moore, J. This was a suit to reinstate a promis sory note from which Mrs. Kester had torn the signature of her husband's brother-in-law, Denny, and to recover the amount due thereon. Mrs. Kester claimed to have mutilated the note under duress of her husband's threats of bodily Injury. Neither the Circuit nor Supreme Court was of the opinion that the note was destroyed under duress, hence the plaintiff lost her suit. John Mottis, appellant, vs. Nelson Hos mer, et al., respondents, petition for re hearing denied. "Wheeler In McKinley Column by 100 FOSSIL, Or., Nov. 1Z The offi cial election returns of Wheeler County are as follows: McKinley 426, Bryan 230, Woolley 11, Barker 4, Debs 5. Wheeler County claims the distinction of being the strongest Republican county, Multnomah excepted, in tho state, Xts vote for McKinley is almost JtoL The vote of Shoofly precinct, 77 for McKinley, 2 for Bryan and 3 forjWoolley, is remark able and probably unequaled in the coun try in a precinct of thi2 size. Bryan' Plurality In Union Swelled. UNION. Or., Nov. 12. Tho election can vassing board today decided not to admit the returns from Union Precinct "No. I, owing to irregularities!" The official count will give- Bryan n plurality of 121 in Union County, while- h?id the precinct been regular, it would have been 91. aicKinley Gets Sherman County. MORO, Or., Nov. 12. Following is the, result of tho election in Sherman County, as per the official count: McKinley 302, Bryan 790. Woolley 173, Barker 4, Debs 16. ROAD SVSJMflAS MERIT vv THAT :OFf IXDIANACOMME?TDED TO OREGON LEGISLATORS. Provides Permanent Hlgnvrays, and Does Not Give on-Ren Went Same Voice -as Resldentsr-Fcatnrcs. SALEM. Nov. 12,Slnce mention has been made of proposed legislation re garding public road laws, it has bcea suggested "by a former resident of the State of Indiana, that that state has a law .governing road improvement vhlth works very -satisfactorily and mlsht well be considered by Oregon lawmakers. !" many respects the Indiana laws govern ing the management of highways are much like those existing In Oregon. Tax payers are permitted to pay their taxes in cash or In labor, and many emplov a substitute 16 perform the work. Also, the Improvement is made under the su pervision of a road supervisor. There la one Chapter of the Indiana law, which, though general In Its scope, is intended to apply particularly to per manent Improvements of a costly nature. The law Is much the same as that gov erning; street improvements n cities. This chapter provides that the County Commissioners may lay out, construct or improved by stralghting. grading draining, paving, graveling or macadam ising my road in their counties. Tr proceedings under this chapter are tesun by a petition, signed by not hss than, five land-owners whose property will be affected. Stating the kind of the Im provement and the points between which it Is asked. The petition must be sc companled by a bond providing that the petitioners will pay tha expenses of tho preliminary survey Should the improve ment be denied. The Commissioners the-i appoint three viewers and a surveyor to lay out the road and assess damages to property-owners whose lands are crossed by the road. The viewe s and engineer report to the Cbmmlfsloners their findings, and also report an esti mate of the expenses of the imp-oe-ment, -and the lots and lands which v. 11 be benefitted thereby, and ought to be assessed therefor. It Is provided that no lands shall he assessed which do not l"e within two miles of the contemplated Im provement, and that prior assessments may be taken into consideration In fix ing the estimate, as well as the fact that land is situated near two roads, so as ti be aseesable for both. The report hav ing been made, the Commissioners miy order the Improvement If they are of the opinion that public utility Teq-lr s It, but this order cannbt be made until a majority of the resident land holders Whose lands are reported benefitted ar-d ought to be assessed, and also the owners of a majority of the wttole number ot acres that aro reported as benefitted, shall have subscribed to the petit'en When the Improvement has ben ordered the Commissioners appoint an cnjEiheor to superintend the work, which is done under a contract let to the lowest re sponsible bidder, the work to n Vt ii sections of not less than a half-rriie each. At the samo time the impr ve ment is ordered, the Commlssion-ts rp polnt a committee to actually view men tract of land benefitted nnd to apportl-ft the share of tho estimated expense eeh tract should bear The report of the committee may be approved or modi el or a new committee appointed. When the report. Is approved, the assessment be comes a first lien upon the land. For the purpose of raising the money necessary to meet the expense of tn Improvement, the County Commlslcners may issue bonds of the county, maturing at intervals of fwn and not beyond eight years, bearing interest apd payable semi-annually, which bonds shall not be sold at less than par value. The assess ments are made payable at- times suita ble to meet the payments on the bond, and the assessments are collected the same as taxes. The money arising from the road .assessment can be appl'el to no other purpose than the payment ot the bonds, and the bonds can be Issued or the moncv paid only as fast as the work shall progress. The amount of bonds that may he outstanding at "nv one time is limited to one and one-hair per cent of the value of the taxable property in the county. What ia considered the most commend able feature of this law 13 that it pro vides a means by which the parties most Interested may secure permanent r-d Improvements; that the work cnnct be done unless with a majority of the resi dent land-owners and owners of a ma'or lty of the acres agree and tha' thg ex pense Is Dome In proportioij to the rene flts derived. The wdrk cannot to pre vented bv one or two obstructionists ard non-resident owners do not have the same voice In the matter that rpsfWts do. The law is framed for the good or the people who use the road. MOUNT BAKBR BOUNDARY LINE. Will Be Officially Locatcl by Canadi an and American Snrveyora. VANCOUVER, B. C, Nov. 12. It is said that a letter hat oeen received hero from Hon. Sydney FlshAr. Dominion Minister of Agriculture, stating that the Canadian and American survevors will officially locate the boundary lino In the disputed territory comprising the valuable Mount Baler mining district this work to be begun as soon as the Winter's snowu dis appear. Dominion Surveyor Deane, sent hither from Ottawa for the purpose, re ports that he believes all the rich mines of the district supposed to be In Ameri can, are really in Canadian territory. The controversy led to the survev by Deane and Colonel Dudley, United States Consul at Vancouver, states that he Is now In communication with the State Depart ment at Washington regarding the ad visability of reopening the entire ques tion. Released From Quarantine. VICTORIA, B. C. Nov. 12. The pas sengers who have been detained at Will iam Head quarantine station on the steamer City of Seattle for the last threo tfeeks Will bo released this evening. FOR DIVISION OF FAMOUS MINES. Man Claims to Hnv Grubstaked Lo cator. NEW WHATCOM, Wash., Nov. 12.-J. G. Treutle, a locomotive engineer, of this city, has brought suit against John T. Post, R. S. Lambert, L. J. Van Valk enbUrg, original discoverers, and Hohn & Co., of Portlafid, Or., purchasers of what has become famous as the Post-Lambert mines situated In the Mount Baker min ing district. In this county, for division of property. Treutle alleges that he grubstaked Post, and that the discovery and location of the mine was made by Post while living on this grubstake. Post and others sold the mines to Hohn & Co. for $30,000, who, In turn, made a conditional sale to Eng lish & Son, of Spokane. Washington, fo $350,000. After doing years' development work, English & Son refused to go fur ther with work, for the reason, it is said that they bad just become cognizant or Treutle's alleged interest, and demanded its settlement, which Hohn & Co. refused to do. . sxow hbtab-ds Tromc m ainrvj. Baker County Mountain Are lalcine oa TJx?ir' "Winter Ceatlnsfr BAKER C1TX", Or., Nov. 12. Snbw Is making its appearance in the-mountains in Baker County, and: driving prospectbrs from" their work. The tips of Granite and Elkhorn spurs have been Coveted for a month. TJp In the Cove country and about the Greenhorn mine the ground jbas been covered mote than once, and will probably not be clear again before Spring. Development work, where It is below the surface, Is little retarded by snow, as miners erect sheds over the shafts and protect the mouths of tunnels from th weather. Good stocks of provisions ena ble "work to continue Without connection with the outside world. Prospectors usually And employment In properties be ing worked, and do not flock to the cities In large numbers when Winter sets In. Transactions In Mining: Stocks. Following were the quotations at the Oregon lllnlnr Stock Exchange yesterday: Bid, Astoria & Melhourno.... ........ 22ft Asked. 23 Adams Mountain 5 5X Buffalo 2 CocpcropoUs .... 6 Gold Hill & Bohemia 5 Goldstone Consolidated .21? Isabella i. tOfM Lost Horse 5 Oregon-Colo. K M. a "D. Co.... B Oregon Ex. & Dev. Co.... 4 Riverside 4& UmpO.ua 2 C ft SPOKANE... Nov. 12. The dosing "bids for mining stocks today were: ftiacktall SHIPrincfss Maud 1 Butte & Boston.... lis Crystal 4 Deer Trail Con 2 Evening Star 4 Gold Ledge 1J1 Golden Harvest ... L X. L , 18 Jlra Blame . 4 Lone Pine Surprls. TR Morning Glory .. 6 ; Morrison 2 Rambler Cariboo. .2-1 Republic BO Reservation.....,.,.. 5 Rosshmd Giant .... Sullivan 12 Tom Thumb J2i Waterloo "3 UL S. 'Marble 12 Mammoth 11 Gold Standard "ia SAN FRANCISCO. Nov. 12. The official clos Ing quotations for mining stocks today were: Alta $0 OliJustlce $0 02 Alpha con sitteniaet con . Andes 4lMex!ean ...... Belcher 17Ocoldental Con Beet & Belcher... SOlOphlr Bullion 4Rvernian Caledonia 41,Potosl Challenge Con lOISavage lltSeg. Beloher ... 63Slerxa Nevada . 4!)lllvr Hill Choiiar Confidence ...... Con Cal & Vs... Crown Point .... Gould & Curry... Hale Norcross, Julia OfcStanOard 3 40 oaiUnlon Con 10 23i5tah Con 8 2 Yellow Jacket .... 22 NEW YORK, "Nov. 12. Mining stoaks today closed as follows: Chollar $0 101 Ontario $0 23 Brunswick ....... 171 Ophlr 73 Crown Point .... jIPIj mouth 10 Con. Cal. & Va... KOiQulcksllvor 1 25 Deadwood K5 flo pref 7 00 Gould & Curry A. sSfSlerra. Nevada .... 'M Hale & Norcross. 20Standard 3 : Homestake .. 60 001 Union Con 1.4 Iron Silver 70i Yellow Jacket . Mexican. ........ 24 0 "BOSTON. Nov. 12. Closing quotations: Adventure $ 6 60Osce"Dla $77 00 Allouez M. Co.. 2 3 Amal Copper.. St 75 Parrott 48 CO Qulncy 160 00 Banta Fo Cop... S 00 Tamarack 267 00 Atlantic 20 00 Boston & Mont. 334 OQ Cal. &. Hecla... 805 OS1 Utah Mining.... 34 75 ' Centenilal 20 S71Vintha ' 00 Franklin ltt S0 Wolverines 45 00 Humboldt 50 O0 O-regron Mlnlnp Notes. It Is said that tho samples of ore taken from the Minneapolis property In Eastern Oregon assayed $2i0 "and $243 per ton. Emll Gramspacher and four associates, owners of the Parker diggings near Wln tcrvllle. are said to have cleand up $20,000 In the past season. A wagon road recently has been made to the Victor mine on Rabbit Creek near Lawton and men are now preparing for oztensive development of tho property. E. Sanderson Smith, who hag an option on the Magnolia mine. In the Sumpter district, is having experts examine the property. It is rumored that a sale ot the property Is virtually closed. A number of buildings are going up at Cornucopia. The Last Chapce mine re sumed activity last week. When the elec tric plant Is Installed the fuel question will he relegated and operations will be steady. Work on the Lmmett mine has been suspended for tho season. Roberts & Jllson, at Henley, have pro duced $500,000 since they put In their 10 stamp mllL two and a half years ago, says the Valley Record. In the past four ihontha the" product liasf "been 1400,000. There are 140 men engaged In mining in that vicinity, and noarly 100 of these are employed In this mlie. The La Flesh & Miner mine has struck a new pay chuto which It has been working the past tnreO weeks. Claude Basche and Paul Polndexter have had a survey made of their Hard ware group, preparatory to extensive de velopment work, says the Sumpter Ameri can. The claims are In the Ala"mo dis trict, between the Van Anda and Stras burg properties. The group comprises the Hard.ware, P. & B , Leviathan and Ger trude claims, with about S00 feet of Work on all. The principal work has been done on the Leviathan which, at a, 4,ep6tJof CO feet, is said to show a StMpaJ Yefijck with reported assays from $7 28 ttfllfil Two Important mining deals wefefcon summated last week, says the Sumpter American. For consideration of $8000, C. H. Fenner transferred to A. W. Frater, and associates, ot Seattle, tho May Belle property, situated In the Cracker Creek district. The claim adjoins the Minneapo lis, and at present the only work done on it Is a series of open cuts, which show a vein believed to he an extension of the Minneapolis vein. At a depth of 15 feet the Vein Is said to be eight feet wide, with reported average assays of $1Z. The new owners will form a company and prosecute extensive development work at once. Mr. Fenner al?o sold to O. R. Dahl & Co., of Seattle, the Oregon group, com prising the Oregon, Monday and Golden Chest claims. These claims are situated in the Cracker Creek district. The con sideration Is stated $7000, and it Is expect ed, that within CO days, the new owners will "have all the necessary buildings erectod and development work com menced. Wnahinsrion Xote. The drug store of Dr. E. A. Smith, at Latah, was broken into Saturday night and robbed of $30. Work on the Seattle new water system has been delayed ncd water will not be turned on before Christmas. Residents of a Japanese colony at Seattle last week captured a thfef named Frank Sanders In their room, bound him hand dnd foot, and delivered him to the authorities The Puyailup hop market is firm and prices range from 12 to UU. cents It is estimated that over seven-eighths of tti 1900 crop has been sold and Is now in the hands of dealers. The Spokane Steamfltters and Plumb ers' Union has Imposed a fine of $150 on a plumbing company of that city for sub letting a contract, and the men employed by that firm are on a strike. There are a few mild cases of smallpox at Bprague among children. Six families are now convalescent. Adults Beem to be Immune. It is said by those families with the disease that it is only chicken pox. Sugar beet harvest Is In progress in the vicinity of Guy. There are only about 15 acres of beets in that vicinity, but next year the acreage will be larger. One farmer has contracted to plant 200 acres and another 100 acres of beets next year. The season has been unfavorable for beets, owing to dry weather in June. The Tacoma-Seattle Railway Coiupany Is preparing for vigorous work in the con struction of the electric line between the two cities. A new sawmill Is in course ot erection under the direction of the com pany to furnfsh ties and timber for the line. The mill Is situated on the Puy ailup reservation, and is not far from St. George's Church. It will have a. capaclty Of 20,000 or 30000 feet a. day. State Fish Commissioner A. C. Little will nsk the next Legislature to make two im portant changes in the law governing the fisheries of this state, says the TacOma Ledger. Both changes are designed to fa cilitate the Work of the fisheries depart ment, and Mr. Little does not anticipate any objection to the amendments he will propose. The fisheries department has found it dlfflcult to measure the depth of water in- which traps are located. The law provide that they cannot bd Ideated In less than 63 feat of water, low tide. It is difficult to know the time when the tide Is lowest. It to easy for the guilty KneuiTtiSism Rheumatic pains aretbcries of protest and distress from tortured muscles, aching joints tad excited aerves. The btoodhaa been poisoned "by the accumulation of waste matter in the system, and can no longer supply the pure and health sustain ing food they require. The whole system f eel& the effect of this add poison , and not until the hlood has been purified and brought back to a healthy condition will the aches and pains cease. Mrs. Jmaes Relt. .77 Nlah Itreei, N E, Washington. D. C.wntes as follows "a few months ago I had an attack of Scutic Rheum tissa Hi its worst lona jh; pain was so intense thai I became completely pros trated The attack was an unusually severe one, and ray condfltoa Was refard eu as being very danger cms I was attended Toy one of the non able doc tors la Vashtflgtoa. wno U Iso a terember of the fac ulty of a leading medical college here He told ine tc continue lm presenp . . , ti tns and I would Ret well. After bavin? ' filled twelve tfiaes whhont Teeelnnj? the slightest beutfiL 1 declined tomtineh treatment any longer Rvnw h-ard of S. S & (Swift sSpeclfic) recommended for Rheumatism, I decided, almoit ia despair however to give the medicine & trial and after I had taken a few bottleI was able to hobble around on crutche and very seen there aliet had ho uc for. them at all. S. S S havtay cured me -und and well All the distressing: pota hare left me siy appetite has returned. iDdlim uappv to-be asaja restored to perfect health the great vegetaDie purifier and omc, is the ideal remedy m all rheumatic troubles. There are ne opiates or minerals in it to disturb the digestion and lead to ruinous habits. We have prepared a special book on Rheumatism which every sufferer from this painfal disease should read. It is the. most complete and interesting book of the kind in existence It. will be sent free to any one desiring it. Write our physi cians fully and freely about your case. W make no charge for medical advice THE SWIFT SPECIFIC C0n ATLANTA, QA. 111 ' 1 trapman to maintain. If he is found to bo out of his depth, that the tide is not out. and the deputy investigating the ques tion cannot successfully dispute him. if a change were made to fix the depth at high tide, Mr. Little believes the work of his department weu'd he facilitated. The last Legislature psed an amend ment to the law which gave Indians tho right to fish In all streams fer fooa lish. This provision hs been abused by the red men, fishermen state, and Mr. Little will ask tvr Its repeat and the substitu tion of a statute by which the Indians Can fee controltaii Complaints of Indians fishing in forbidden streams tmd ot stretching nts elar across the rlYere have been frequent. - III alio Xoten. The Northern PacISc lsl building a new roundhouse at Wallacfe. and layCng ride tracks. Wardner's school population this year is mere than double that of last. An ex tra teacher has been employed and 43 new seats purchased, yet there are 14 more pupils attending sohool than there are seats. Miners fend Operators In the Pierce dls. trlct are preparing for an active reason next year. Four new flve-stamp mls, three of which are on the propertea and the third at Oroflno waiting for Im proved roads, have been purchased this Fall to be ready for early Spring work. The grape acreage In the Potlatch w!U be greatly Increased next year. The ag gregate win be about 60 acres. Frsn'c Ebtfle. the Juliaetta vlny&rd and win a man. Wy his Srapeorop' was fcotms season', and the percentage of sugar wai hlghbr than In any previous year I e will have 1600 gallons of wine f-o-n h a four acres of vineyard, which r ng s from three to six years of age, anl xuth the improvement he has made thl. se -son and the vineyards coming in bfaMn.T In his section, ha will make perh pa 16,000 gallons. E. M. Gillette, agent of the Northern Paolfle at Moscow, last week received a letter from J. W. Hill, general agent of th Northern Pacific t Sivokane lnq lr inir as to the posethlllty for a straw board and paper factory there. In his letter Mr. Hill stated that Ntw Y-rlC parties were seekjng a location W"he 8 About 30 tons of wheat straw co li ba "secured dally. The business men ot Mos cow Will take the matter up an i assi Mr Gillette to secure the enterpr 'e. Thousands of tons of strw are burned or left to rot each year, -artesian we Is could De made to furnish an abundanso of water at a very little expense. is thin blood. It causes pale faces, white lips, weak nerves and lack of vitality. A blood enriching, fat producing food-medicine is needed. goes to the root of the trouble, strengthens and en riches the blood, and builds up the entire system. For Anemic girls, thin boys, and enfeebled mothers, it is the Standard remedy. coc and $t oo, alt druggists, SCOTT &. HOW it E Chemuts. New York. Far Surpasses Butter, Lard and Com pounds. "KoNut" DOES. A Sterilized Cdcoanut Fat for Shortening and Frying. Guaranteed Free of Animal Matter. The Finest Saratoga Chips are fried In "KO-NUt" Ask your-grocer or writs IndiR Refining Co., Philadelphia. MEN No Cure No Pay l Ht. jJUUCKX Al'1'JL.lAXClS X posllir war to perfect aah6od. Th VacXLII 1 -.BATJJKNT CUPJES you Without tat aicln ot all nervous or disease c the gr&en Wt oi tana, aeob as lost maahood. exhaust Ire drains, larteeccle. Impotence, etc filen are jutki re stored to perfect beaktr and strrnrUi. Wi'U tnr circulars. Correspartdeaee eonsdestul. THX irEAT.TH ArFLIANCK CO.. routes 4I-t Safe Deposit tmlldiac Se&Ule. Wash. Jyfm