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