Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 20, 1900)
THE MORNEG OBEGOHIAft, TUESDAY, HQ.VEMBER 20, 19f0. 4-a PORTLAND IN RIGHT So Decides Supreme Court tovan Appealed 'Action. J. B. MONTGOMERY WHARP MATTER Has Rlnt to Fix Boundaries So Long: km They Do Xot Conflict ""With. Harbor LlncsOtheff Opinions. SALBil, Or., Nov. 19. The City of Portland won a victory In tha Su preme Court today when that tri bunal reversed the decision ot Jud?e John B. Cloland In the case ot the City ot Portland and the Port of Portland, ap peilants. vs. J. B. Montgomery, respond ent. The opinion of the Supreme Court was written by Chief Justice Bean. Defendant Montgomery to the owner of real property within the corporate limits of the city, abutting upon the "west side of the -river, and Is entitled to the rights of a riparian proprietor. The city Is given power by Its charter to establish a line beyond which wharves shall not be built or piles driven (Session Laws of 1S9L page 805). By the act of 1591, page 791, the Port of Portland corporation is given full control of the "Willamett .River at Portland, so far as the state can grant the same, and Is authorized to remove ob structions therefrom, etc On August 9, 3S92, the Secretary of War, acting tinder the harbor act amendment approved Sep tember 13. 1890, established harbor lines at Portland, and on December 12, 1892, the city Dassed an ordinance establishing a wharf line on the city front, which con forms to and coincides with the .har bor line. In May, 1598, Montgomery pe titioned the Secretary of War to extend the harbor line In front of his property some S3 feet Into the river beyond the line previously located. The petition having been granted in September, 1893, Mont gomery immediately began the construe tlon of a wharf covering some 30,000 square feet outside the wharf line, but Inside the harbor line, as relocated. The Commis sioners of the Port of Portland thereupon adopted resolutions laying out wharf line: on the lines laid out by the City of Port land and declaring that this wharf con Btruotlon would be an obstruction to the Bhlp channel in the river. Montgomery was notified to desist, and to remove the piling, but he refused, and this suit was commenced to enjoin the work. TheaClrcuIt Court ruled that the harbor line re-established by the Secretary ot "War on September 22, 1S3S, Is the only proper and legal wharf line In front of the defendant a property, and that neither the City of Portland nor the Port of Portland has any Jurisdiction to prevent or Inter fere with the construction of a wharf up to -the line so established. In entering upon a lengthy discussion of the case, the opinion of the Supreme Court saya: "The only questions in the case are, whether the act of. Congress of Septem ber 19, 1800, authorizing the Secretary of "War to establish harbor lines. Is valid, and If so, whether It vests In that officer the power and authority to authorize the con struction of wharves up to such lines In navigable waters wholly within the state, notwithstanding the laws of the state pro hibit such construction. ' The validity of the act of Congress was questioned upon the ground that the -establishment of harbor lines Is a power vested In Congress and cannot be dele gated to any other body or agency. Thk court Bays that the tendency of authori ties supports the argument that the act is void as an unlawful delegation of au thority, but adds that no decision upon this point is necessary, as the act of 1S90 Is not designed to Interfere with the power of the state over the construction of wharves unless they encroach upon the harbor lines. "Congress has assumed Jurisdiction over that part of a harbor outside of a line which the Secretary of War may lawfully establish. But It has not, In our opinion, arsumed Jurisdiction over the space be tween such line and the shore. . . The Initiative In the construction of wharves Is with the shore owner, under such regulations as the state may make, and the dut of the Secretary of War Is to soe that they do not extend Into the harbor bej ond a certain line., without his permission. So long .as the legislation of the state does not Interfere with the duties of such officer, or conflict with the line established by him. It Is controlling." As Montgomerj "s wharf was entirely ln side the harbor line, but crossed the wharf line. It Is held that the state has Juris diction, and that the case must be re versed. City of Portland, respondent, vs. Au gust Erlokson. appellant, from Multnomah County, M. C. George, Judge; reversed. Opinion by Wolvorton, J. Appellant was tried In the Municipal Court on a charge of violating ordinance Ko. 71 relating to saloon licenses, and was found not guilty. The case was taken to the Circuit Court op a writ of review, and it v. as there decreed that the Judgment of the Municipal Court be set aside, and the cause remanded, with In structions to the Municipal Court to ad judge that the defendant be fined or Im prisoned. Tho defendant appealed to the Supremo Courts It held, first, that an offense under the ordinance is such an offense as comes under the con stitutional Inhibition against a defendant being placed twice In Jeopardy. The opinion then says: "The Justice's code, which Is made the procedure for the Municipal Court, Tn so f&r as It concerns a violation of the,prdl nances of the city, provides that 'an ap peal can onl be taken by the defendant.' thus depriving the state or the city of a right of appeal and, if an appeal will not He, neither will a writ of review." Security Savings Bank, respondent, vs. Susie W. Smith, et al appellants, from Multnomah County. John B. Cleland, Judge: modified. Opinion by Wolver- ton, J. This was a suit to foreclose a mortgage purporting to have been executed by Preston C. Smith and Susie W. Smith, hla wile. Both the note and mortgage were executed b the husband on behalf of the wife, by virtue of a special power of at torney. The defense set up by Mrs. Smith was that the power of attorney was Inadequate to the purpose of authorizing the husband to execute these Instruments in her behalf. The power of attorney authorized the husband to mortgage "any part of my lands or Interest in lands," and this expression, taken In connection with other parts of the instrument. Is held Insufficient to authorize the husband to sign away her right of dower. As con cerns the aote. since the wife had author ised the borrowing of money ior her use, It is held -that it was competent for him to alga her name to the note. The claim that the wife ratified her husband's acts by her long silence was not pleaded, and hence the court refuses to consider It. The United States National Bank, re spondent, vs. L. Ford Floss, appellant, from Multnomah County. Arthur L,. Fra zer. Judge, confirmed. Opinion by Bean, C J. This was aa action upon a promissory note for Sn?. to bo paid In monthly In stallments of $15 together with the full amount of Interest due on the note si the time fef the payment of -each Installment The sole was In favor of Leaner Gray, who assigned It to plaintiff. Each Install ment of the principal had been paid aa stipulated, prior to the- assignment to the plaintiff, bst no fayment'had beoa made on the Interest Thc defense was that the consideration had failed and that the plaintiff took the note with notice- of Its dishonor on account of Its defaulted in terest. Thi, opinion say In :part "A "note it not overdue by reasfin of a failure toj payMnterest prior to the matu rity of the princSal la the absence jof a stipulation tothat effect, because the Interest Is a mere incident to the debt. . . . And certainly thjs must be so where a note is payable In installments, each of which has been promptly paid as It fell due. . . Having reached the con clusion that the note was not "dishon ored, at, the time of Its purchase", . . . and that the defendant cannot set up as a defense thereto -a breach hi he boncl occurring subsequent to the transfer, it necessarily follows that the answer does not state feqts sufficient to constitute a defense, and "lha demurrer' was promptly sustained." E. W. Ferguson, et aL, appellants, vs. J. W. Ingle, respondent, from Benton County J. W Hamilton, Judgo, reversed. Opinion by Moore. J. This was an action for money. The de fendant, after denying the material alle gatl6ns of the complaint, set up a counterclaim, and a demurrer thereto having been sustained, the plaintiffs, by leave of the court, filed an amended com plaint and immediately moved for a non suit, which being denied, the defendant filed an amended answer. A reply hav ing put in issue the new matter in the answer, a trial was held, resulting In a Judgment for defendant, and plaintiff ap pealed. The Supreme Court hold3 that under the circumstances the plaintiff was en titled to the nonsuit on his own motion, that he has not waived the right and that it shall now be granted. Mary Ann Barrett, respondent, vs. John Schlelch, et aL, appellants, from Washington County, T. A. McBride. Judge, affirmed. Opinion by Moore, J. This was a suit to enforce the specific performance of a parol agreement to con vey real property, it being alleged that the plaintiff had partly performed his side of the contract and had made valu able improv-rren.s on the land. Tha decree of the lower court was In favor of the plain-tin. In affirming this decf-o. the Supreme Court hoid 11 at it Is propar for the trial court to admit evidence of the parol agreement before evidence of the part performance. In answer to the argument that the Improvements were not sufficiently valuable to raise an equity in behalf of plaintiff the court says: "The evidence shows that the bouse and barn are not very valuable, but they protect the plaintiff and her family from the inclemency of the weather, affording them a home and shelter for their stock. They have cleared the timber and brush and grubbed up the stumps and roots from about 10 acres of the land, and have made all the Improvements which their limited means would permit, and because they are poor Is no reason Why a court of equity should deny the relief to which they are entitled." In the case oii Henry Gardner, appel lant, vs. Wasco County, respondent, the petition for re-hearing was denied. IilTTLE INTEREST IK CITY: POLITICS Municipal Positions In Vancouver Seem to Go Bearsrlnff. VANCOUVER, Wash., Nov. 19. Very little attention is being paid to city poll tics here, notwithstanding the fact that the mass convention tor nominating can didates for city offices takes place tomor row evening. Few candidates for the different offices have announced themselves. From present Indications, a majority of the present In cumbents may have a renomination for the asking. One exception will probably be made, in the case of the Mayoralty, as It Is learned that Mayor Eastham. who teas served two terms, does not desire a renomination. C. D. Bowles "and W. W. McCredle and A. B Bastbam have been mentioned for the place. Convention to Xante City Officials. OREGON CITY, Nov. 19.-Circulars were issued today announcing that the independent citizens of Oregon City will hold their convention at Shlvely's Thea ter tomorrow night, for the stated pur pose of nominating candidates for city officers. The call Is made by A. S. Dres ser, Joint Representative of Clackamas and Multnomah Counties, the accredited chairman of the city central committee Of this party. COLLEGE DEBATERS. Preliminary Test Held, at Pacific , University. FOREST GROVE, Or., Nov. 19, The first preliminary debate for the purpose of selecting the team to represent Pacific University in tho coming lnter-collegiato debate, was held In March Hall tonight. The trust question was discussed. Tho following presented the negative side- Miss Mildred Tlbbals. '01. Miss Walker. '01; R H. Clarke, '0?; R. B Wil cox. W. G. Hale. '03; V. E. Emmel, '03; C. H. Williams. '04, J. J. Patton. '03. Tho affirmative speakers -were R. W Faulk ner, '02; H. B. Mlllls, '02; W. G. Hare, '03; Irving D. Gibson, 04. The Judges were Professors Bates. Rob ertson and Craig R. H. Clarke, W. G. Hale. R. W. Faulkner, G. H. Williams. Miss Mildred Tibbals and W, O. Hare were chosen. The Junior class of Pacific University Is preparing a college annual which will be Issued In the Spring. It will be the sec ond. The first was compiled by T. H. Adams, of the class of ISM. SALEM'S KEW POSTOFFICE. Chicago Finn. Submits the Beat Bid for It Construction. WASHINGTON, Nov. IS. Bids were opened at the Treasury Department today for the. construction, except heating and lighting apparatus, of the new postofflce at Salem, Or., as follows: Campbell Building Company, Chicago, $69,500; W. R. Nichols, Tacoma. "Wash., J7,2O0; A. Z. Barrett, San Francisco, CaL. $?4,&Q9. Charles A. Sayrs, Tacoma, Wash.. $7,675; McGrath, Glbbe & Duhamel, Seattle. $74, 9TS; Brh- & Van Patton, Salem, $$7,500; Congress Construction Company, Chi cago. $87,993; Wakefield & Bridges, Port land. JS9.315; K N. Roney, Eugene, Or., $101,600, Erixon & Van Patton, Salem. $115,000. The time In each case Is set for li months. The Campbell Company, the lowest bidders, have done a large amount of satisfactory Government work, and on account of their $S0OO advantage, will probably secure the award. Smallrrox Epidemic in Tfanaimo. VANCOUVER, B. C, Nov. 19. A small pox, epidemic has broken out in Nanaimo, B. C. The municipal and health authori ties of Nanaimo, which is in the center of the British Columbia, coal mining in dustry, have several times denied the presence of the disease, but Dr Pagan, the Provincial Health Officer, reports that there are now 10 cases in Nanaimo Many of theso now stricken with the disease were miners, who went to work in the pits with a rash on the face, pronounced Insignificant, but now admitted to be gen uine smallpox. All passengers arriving from Nanaimo "are subjected to a rigid examination by the Vancouver health au thorities. Smallpox at Dallas. DALLAS, Or., Nov. 19. Xesterday It was definitely determined by the doqtors of this place that William Coolc was a victim of smallpox. The case was Imme diately taken In charge by the city au thorities and quarantined. Every precau tion has been taken to stamp out the dis ease, or at least confine It to the Cook family. Several persons have been ex posed, however, and this may prove well nigh impossible. Delegate te Irrlgatloa Congress. SALENS, Nov,. 19. Fred J. Kiesel, of Ontario, Malheur County, was today, ap pointed -ft delegate to the National Irri gation Congreas, to be held at Chisago. STAJE; ASKS FOR MONEY REQUESTS, THAT SCALP - BOUNTY TAX BE REMITTED. Counties Tharrrmrrot Comply, "With Demand Asked, to, Give ReMoaa, for. Not Doln So, SALEM, Or., Nov. 19.-Stattf Treasurer Oharfea S. Moore today sent put to all hut si -of the County Treasurers of the state a circular letter in which he re quests thent to forward to him tap amount of money collected -under the scalp-bounty tax. Six County Treasurers those of Jacksdn, Malheur, Sherman, Til lamook, Union and Wallowa, have al ready deposited the money collected by them, the aggregate being $30& 32. Three, counties. Crook. Polk and Multnomah, did not levy the tax. The total amount of warrants thus far Issued on the scalp bounty fund Is $S3.03S. The letter written today by Treasurer Moore asks the County Treasurers to forward the money or give their reason for not doing so, " It h& been stated by residents of East ern Oregon that the people of that sec tion realize the Importance " of the scalp bounty, and that some advocate an In crease of the tax. It Is also announced that Eastern Oregon will send its legis lators to Salem next Winter united In a determination to continue the bounty law. Commenting upon this, many heavy tax payers of this section have said that 'f the sheep-producing sections of the state, will not do their shgre toward paying tho tax, they will meet a strong opposition to a continuance of a law that saddles an enormous debt upon the state to be paid out of the general fund and at the expense of all property 'owners, regard less of benefits derived. Oregon's Ayltaiice Solicited. Governor McSwesney, of South Caro lina, has requested Governor Geer to do what he can to assist in making a suc cess of the South Carolina Interstate and West Indian Exposition, which will be held in Charleston, beginning December 1. 1901. and closing May 1, 19 It Is stated that the special object of the expo sition Is to make a display of the arte. Industries and products of the several states of the Union, of Fouth America. Cuba, Porto Rico, Mexico, Central Amer ica and the Philippines. Visited Yamhill County Schools. Superintendent of Public Instruction J, r H, Ackerman Bpent the greater part of last week visiting the country schools of Yamhill County. He was accompanied by the County Superintendent, and part of the time by President Campbell, of the Monmouth Normal. The teachers of the schools visited were sot apprised of the Intended visit of these officials, so the Superintendent had an opportunity to see thp ordinary work of the country schools. He Vvin make a similar visit of inspection to some section of Eastern and Southern Oregon, but the schools to be visited will not be announced. Received at the Asylum. Joseph Evo, aged 66, of Auburn, Baker County, and Ruth Johnson, aged 60, of Pilot Rock, Umatilla County, were re ceived at the Asylum today. For Elks' Memorial Service, John F, Cordray, lessee of the new Salem Opera-House, has tendered the Sa lem Lodge of Elks the free use of the opera-house for their memorial exercises to be held December 2. Present City Officials in Favor. A petition is being circulated In this city asking all the members of the pres ent city administration to stand for re election. Will Reduce Real Property Values. The Marion County Court haa been working today on the assessment roll, and will make slight reductions in the valuations on reaf property. The work will probably occupy 10 days. Case of Salem Light Company. Judge Boise, today began the trial of the suit brought by the London & San Francisco Bank to foreclose Its mortgage on the Salem electric light and street railway plant. It is probable that the trial will take several days. Routes for Rural Mail Delivery. Postmaster HIrsch today received a let ter stating that Special Agent Ormsby, of the Postofflce Department, will arrive in Salem about November 25, to inspect the eight proposed routes for free rural mail delivery. OUTLOOK IS PROMISING Malheur County Destined to Become One of Oregon's Best Sections. VALE, Or., Nov. 19. The present out look for Malheur County Is. certainly a promising one. Wtlh its undeveloped re sources, which are little known lo the world generally, a very prosperous, time is yet In store for It. Thp great stream of Im migration that has been pouring Into Ore gon has followed the beaten path along the line of the railroad, and Malheur County has been passed by unnoticed.. Thus it is, although the second county lit slzo In the state, that Its population la small. The people here have taken no steps, to attract more settlers, and until late years but few people at a distance knew anything about such a place as Malheur County. The only railroad that comes within tha borders of the county Is the Oregon Short Lino, that runs along the banks 9? the Snake River for about eight or ten miles. Thirteen years ago the Oregon Paclflo built several miles of grade up the Mal heur Canyon, but in tne nnanclal panic of those times the company failed, and now tho grade Is covered with sagebrush and Is gradually being worn away by the rains and snows of each succeeding year. But the advantages of this canyon as & pass through the mountains are so self evident that during the past Summer there has been considerable atteritlon paid to it by the managers of various lines. Par ties of surveyors have been busily en gaged In running lines through It, and everything indicates that the section -fpUl bo the sCene of great activity &t no far distant date. When the early settlers came here to mako this their home, they found that the greatest income could be realised from the raising of cattle. As a result it be came the home of the cowboy, and thou sands of head of beef cattle have been yearly shipped from its ranges to the mar kets of the East The cattlemen had complete control of the country, and so long as they could keep the range In their own hands It was to their great disad vantage to have the country settle up with the smaller farmers, hence they dis couraged Immigration. But the agricul turist is making his appearance. The soil is rich, the climate pleasant, and the sagebrush flats are being turned into green fields and pleasant homes. To say that the soil Is rich only half ex presses It. The land is composed of vol canic matter. Intermixed with decayed vegetable matter, and as a rule the prod uct of the field, the garden and the or chard are something surprising. Of course, this will never cease to be a great stock country, for there are in the moun tains and over the many miles of sage brush bills a vast amount of land that is of- value only for grazing purposes. Large companies have in the past monpp- ollzed the range, but thetlme Is qujckly approachlng when such concerns as the Pacific Livestock Company and others must cease to do the wholesale cattle business they are now running, and the smaller ranchers will take their place Where these rich companies control moj Hona of acres of land at present the future will see hundreds of prosperous homes. What Malheur County really wants is more neoule to develoo Its resources. To jthe man cX eatsrpria laany iaduceiaenta ara offered. There are needed here dairies, creameries, poultry farms, can nm$ establishments and various kinds, o'f factories. All these must come in the eoursa o time, ior the condition of the country 1 such that they will bo required. The numerous hot springs, of thia local. ity could be profitably utilized in varioua ways. Tha hot artesian wejl hero at Vale, with its excellent medicinal water, will some day yield big rewards to the person who will build In connection with it a proper; sanitarium. PUGKT SOUND STORM. Wo Serious OuasKe Has Resulted Roughest Weather In Years. SEATTEL, Nov. 19.-While no serious damage, P far as known, haa resulted, the stbrm of Sunday and Sunday night materially Interfered with Puget Bound shipping. Five r six local steamers at tempted to leave during the storm, but had to put back to port, owing to the severity of the gales. Even today their master thought It Hi-advised to venture out again. All, however, left tonight. Among the vessels forced to temporarily abandon their run were the State of Washington, Falrhaven, Greyhound, E. D Smith and T. W. Lake. The Greyhound only runs between Seattle and Everett, and although tha run la short the blow was, aa strong that her master concluded it safest to forego the voyage. The State of Washington and Falrhaven are Bel Ilngham Bay boats, and the Lake and Smithy are freighters, with a roving coca mission. Telegrams received Sunday night oy John Libby, manager of the Puget Sound Tugboat Company, stated that tha weather throughout the length of the Strait of Fuca and off Cape Flattery was the roughest in years. Iq fact, for several days It has required two tugs to get a sailing vessel past the cape and tnrougn the strait To bring In the ships B. P. Cheney and Two Brothers, Sunday, it was necessary to have the assistance ot four tugs. Even in sheltered Neah Bay, the wind attained a velocity of 25 miles an hour for three days, Indicating that more than twice as great a wind was raging Jn the strait and off the cape. Sunday to bchooners. the Stimson and Baxter, both at Ballard, dragged their anchors and were all but driven on the beach. To guard against,, further dan ers tugs were dispatched to their assist ance this afternoon. In the strait and off the cape the gales were from the north east, Ubually accompanied by heavy snows. Sunday the small Brltfsh, steamer Cap ilftno attempted to go from Tacoma to Victoria, but she encountered such a storm on Puget Sound that she had to put into Seattle Jlarbor, where aha re mained today. She will probably resnmi, her oyage tomorrow SNOW AT ASHLAND, roll Yesterday Greater Than At Any Time Last Winter ASHLAND, Or., Nov. 19, A half-inch of wet snow fell here this evening. The mountains about the town are white, Six Inches are reported on the summit of tha Slsklyous at the railroad crossing, and the fall has been still heavier In the Cas cades along the Ashland-Klamath Falls stage route. This Is unusually early foh snow In this locality, and the fall In Ash land has been greater this evening than during any time last Winder. Succumbs to Cold Weather. VANCOUVER B. C, NoV. 19 The storm of Saturday has beep renewed today In the Interior of the province, and snow is deep at up-country camps. Intense cold ig reported from many points, and at Port hiccdy, 1? mile from Vancouver, an old man named Thomas Roche was found dead near the road. The cause of death Is sold to have been the extreme cold. Distress haa been augmented by the short ago of anthracite coal. First Snow at Heppntfc. HEPPNER Or.. Nov. 19.-The first gnow of tho season to reach down to Heppner whitened the surrounding hill sides here yesterday, but a warm wind melted It away by noon. This aiternoon there were several flurries of snow, ano the mercury went close to the freezing point It Is tho first taste of Winter hpte. Small-SUet Snow Storm at Mpnroe. MONROE, Or., Nov. 19.-The extremely cold rains of the past few days. cul minated this morning In a small-sized snow storm. At 8 o'clock the snow was an Inch In depth and Is the first of the season. This s the earliest snowfall wit nessed here in several years. Prospects of Heavy Snoir at Astoria. ASTORIA, Or., Nov. 19. About Wo Inches ot snow fell here today, the first of the season. The storm commenced again this ev6n,nS. and with the ther mometer below the freezing point therp are prospects of a heavy snowfall before morning. Lebanon In Tracic of Cold Wave. LEBANON, Or., Nov. 19. Abou three Inches Df snow fell here today,. Th.e, ground Is now covered. It Is clear. The indications are gp.ad for frosi tonight A harfl freeze would do great damage tq potatoes in this vicinity. Spokane's, Coldest November, XUslit. SPOKANE. Nov. 19. This is the coldest Nfivember night ever experienced In this! section. At 9 o'clock, the temperature stands five above zero, and the weather observer says it will touch zeto before mornlngL A keen northeastern wind is blowing. I Chilly BlixsarcJ at AHany. ALBANY. Or.. Nov. 19, A chilly bliz zard has prevailed at this city today, with enough Show to whiten the side walks, but soon passing off. Mountains About Dala Coated DALLAS, Or., Nov. i9.-ShJ!w fell last night in the valley, and the mountains are heavily" cpatec(. Cold Weather at Forest Grove. FOREST GROVE, Nov. 19, Snow fell here last night and today, covering the ground, and it looks as though"" Winter had begun. FAILED TO HAKE OUT CASE. Saiem Man Charged With Perjury Aegutttea hy Court. SALEM, Or.r Nov. 18. Robert Crego. an aged and respected resident of this city, was arrested Saturday evening on a charge of perjury preferred against him by WlUard Martin, it was alleged that Crego gave false testimony against Mar tin In ihe case In which the latter was tried for striking George Murphy with a bIHy club. Crego promptly gave ball, with Mayor C. P. Bishop and " ex-Alderman J. M. Lawrence as sureties. At the hearing this a?tefnoon the case was submitted upon the testimony pro duced "by the prosecution, and Justice O'Donald ordered the defendant dis charged. It is rumored that other charges of per jury wilt be brought as a result of the Martin case. Salkusi Store Burned. CHEHALIS Wash.. Nov. 19-r-Mra. W. L. Qrrahood's store at Saikum, 25 miles east of Chehalls, was burned this morning at 9 I o'clock. Tho building and stock of goods j tota loss and there as nq ln- Rurance. -The estimated loss was II2O6. The postofflce and mall in the office were also burned. Pruneo-rovvers Favor OrsaHtKatlpa. DALLAS, Or., Nov. 19. The prane--growers are becoming greatly interested in the organization of & prunegrowers' association. It is argued that If Califor nia can set a price on Petite prunes, Ofe goa can set ike yctee m S'ailaabeqf. MORE GLORY FOR OREGON nrARsrar eleven defeated, a,sh- LAND UY SX TO-O. Gaxae Was" the ,Be,si Ev,er, Flared ta Southern. Or,ejroa Victors oa "Way Home. Fres. California. ASHLAND, Or.,- Nov. 13. ABhland took a half holiday this, afternoon to. witness the best game of football that has ever been played In Southern Oregon. The contest was between the University of Oregon eleven and a team organized here. A large number of, visitors: arrived on tho morning train from the Valley towns, and the spacious grounds, and grandstand of the athletic grounds: Were crowded with nearly IQJJO pad pie. who cheered their fa vorite colors with much enthusiasm. The Eugene boys, flushed with their victory over Berkeley. Saturday, put up a great game, and were entirely too heavy and well-trained for the Ashland boys; As they lined up the average weight of Eu gene was. 153 and Ashland l0 to the player. The game started promptly at 2 o'clock. Ashland winning tfje kick-off. The home team, put up an excellent game In the first half. Homes, Stanley and Robley being particularly fine at tackling and punting. During this half, Eugene made a couple of very long runs. Tho first touchdown was made by the University team In 10 minutes. McArthur kicking a goal. .Time was called with the score 6 to 0, Robley and Mellza. of the Ashlands, were injured In the first half and taken out of the game. In tha second half. Eugene kicked off. Ashland lost the ball on downs and be gan to wear out, Eugene playing a fast, snappy game. Eugene made three iouchdowns, their star player. Smith, who was put In in this half, falling to kick the goals. Throughout the game was a good, clean ono, o,nd gave great satisfaction to all lovers of the sport Starr, of the Eugenes, played his best game of this season. Jakway was knock ed out in the first half and Zeigler sub stituted. McArthur played In the first half and made good runs with the ball, but failed to punt During tho second half Eugene scored IS points making the total score 21 to 0. EachTialf lasted 25 minutes. Despite the rainfall of yesterday the ground was in excellent condition. The teams lined un as follows: Ashland. Position., Eugene. Steven ., ,.C . Wagner Melfpzi .., ,RG.. .,....-.... Waddell Coftrell ., L G Watts Beeson R T., Thurston Wdgner L T... .'...;., Stubling Stanley R E, ,. Bush Chisholm 1...1L E.. Jakway Robley ..,..R.H.... Smith Homes , LH Starr Washburn F McArthur NeH Q Scott Umpire I. E. Vining. Referee Peter Kaareburg. The University team and the friends who have made tha California circuit with them left for their homes in Eugene on this evening's train, well satisfied with the showing they have made on their trip. Mount Tabor Eleven, Victorious, VANCOUVER, Wash., Nqv. 19. A lively football game was played on the City Levee ground here yesterday between the Vancouver even and the Mount Tabor team. Mount Tabor won by a score of 10 to 0. FATE DEAfcT CRUELLY WITH KIM. 'Fo)rty-uIne Jimmy," Well-Kno-yn Pioneer Miner, In Dire iriilts. HEPPNER, Nov. 19. Many pf the Pio neers Who mined In the Blue Mountains in the placer dnyB, 35 years ago, and who" are, now scattered over the- entire North west, remimbcr an alway well-known character atriong them who was called rtForty-nlne Jimmy." He was, with Joaquin Miller at the Flor ence diggings and at Canyon City; mined at Susanvlile. and finally sottled down at Roblnsonvllle, on the slope of the Greenhorn range toward Heppner. He was there In 1878 and helped stand off the hostile Snake Indians who passed Close by and killed a "Frenchman whose grave Is now on a. ridge there In sight of Dixie Butte. In the flush dayg of placer mining "Forty-nine Jimmy," whose real name is Jam's Dlffln, was quite welt off. but scat tered his gflld dust with a miner's, pro verbial prodigality. He has' for rnny years olung tp some placet ground at Rpblnsonville, but It has panned out poorly, and age has Increased his ln firmlUfea. And now, at Tl years of age, the. Sheriff has come tot him and fakerf him to the poorhouse. F$r several years he w$a the only real dent of the town qf Roblnsonvllle, and when the first Spring; prospectqrs and the Heppnef sheepmen would go in there "as; soon as the -snow went off, they would ex pect to find that Jimmy had died alone, weeks before- For several years the neighbor quartz miners have cared for Jhnrhy. but most of them come out of the Greenhorn's deep snows Jr the TjVinter, and as old Jimmy could no longer care for himself, It was thought best to move him out before the trails became Impassable. Quotations of Mining- Stoclcs. Following ""were thp quotation ft tbt Oregon MinlngStock Exchange yesterday': . "" Bid. Asked. A.fnWn A- M1bmiraa 24 " 26 Adam Mbanufa 8 Buffalo ..., 2 rrnrdnTtrwHm . . -.. ... t ..w. 6 Gold aiU& Bohemlfc.., 8 fl Goldstone CcnsoVaated . 2 8 Hnrnnlnn 2vk 3 IcshMla. .003 .0 tost Hon e v K 614 Oreton-Cdlo. M. K. & D. Cow... 5 Ml OMrem Ex. &Dsv. Cq.v g l ttiversifta ...... ...,., A T Umpqua. . . ,...... ..-.. 2 $ SPOKANE Nov. 10 The closing quotations for mining stocks odajr were:' pia.A.k.1 Elaiktall ... Sft flH:rfn. & ; Bntte & Bj. 1 2& P. M. Tunnsl, fi-vral .... tK CfclQulb n a. Prtn... 2H XiRimb Car.. .23' Kcan Star. .4 W Be en at on .. 3 n't fir... IK iSiits. Giant rt-lrtn 'Har. K HI Sullivan . . 121 j x. L ..18 21 Tom Thoma . 0 tea Mink:. . wavroo Jim Bla'ne... 4 8 Coei-tturc . 3Ji Mtnf Lion. ..25 40 Hum. Bird .. m BC rn. Glory.. M4 SX Jal bow . . . Vt KoW FlvV,.. ... (iriidj IttlUr. 2 BAN FRANCISCO, "Rov- 10. Toe offlc'al closine quotations for xaning itosks todiy were: Alta. ...,fQ f2Kentuck Coa ....40 02 Alpt-a. Con '; Milcta 20 Andes Occidental Con ... 0 Belaher lB.Oiblr 2 B t & Belchsr... 21 Overman T Hinioii ajrooM is CaloT$n!a 40fSavaga i& CSetlenM Con ... 22iSs-. Belcher 4. CholUr AltSUrra Nevada. ... 83 Confidence. ..... raiFl.ver" Hill 40 Ctm Ca & Va.. 1 25 Baniari 8 Iff Cr wt Portt .... b Union Con 8l Gould & CJrrr.. llOjUtjh Con j Itai A Nor rasa. 2tj TUott Jacket .. 23 Juitl-o 2 NEW YOnJC. Nov. 10 ITnlng. ttocks today cloccd as follows Brunswick S3 101 Ontario .....IB on Chollar SlOp-lr 'a Crown Point .... STlyiBO t& .,. 10 Con. Cat & Va , 1 25(Qi-k UV 1 M Df a.3 wood KH So pref VI GoOld & Curry... KhS'tira X&vads ... 33 Hale & Ncrro?i. 22 Standard ..... 3 05 it n sn.er TO Yellow Jacket ... 2 SUxican .. 24J BOSTON, Nov. 1?. Clislng quotat'ow Adraitur . ...? fi 001 fi umbo at SfcOQ Allonex 1L Co. 2 5SPTOtt ......... 50 28 Am! Copper. 00 wj Qaincy ....... ICO TO Atlantic .... tfi 00 S.nta Fe Cap.. SCO Bostoa & Mont. 31 0 Tairaauk ..... 535 J Btie & BosUa & QJJUWh Mintn?.... 25 Ti Cl. & He.1a 83) ur-Wlaona. ........ i 00 C nUaVIal -... ' 2WoIv!-Jnea 4V75 FraaKla , 18.1i) T CtrcoU CJemrt at gepae. ??te? fofi ?2.-circuit co&t B14 Ak. 1 2 .. IT ... 2-i h 18 13 13 S 2H for Morrow County esmraanefi here today with. Judge W. IV Eiiis on the bench and District Attorney T. Q. Halfey in attend ance. There la but one criminal ease, and (here has not been a prisoner In. the Mar row County Jalt during the. PPst four months. Tift docket for the current terra consists of 17 law and eight divorce cases. Notes of barest Grore. FOREST QROYB, Or., Nov. ML-JesBph Bailey, of thU place received a message today from I. C. Stewart, who is at tha bedside of his brother, Eaiaalnger Stew art, of Dayville, who waa hooked by & vicious cow several days ago, saying that his brother's condition Is muoir improved, and be is now considered about out ef danger. Mr. Stewart is one of the most prominent stock men. in the John Say Valley. The J. Q. Boos corner lot, te the beart of town, was today sold to James Wood and T. H. Adams lor S0a Ne.iv Mall Service for Monroe. MONROE Or., Nov. 19. The United States mall will be forwarded bver the new Mbnroe-Coryallls: route for the first time on the morning of DeeemDer . The malt will leave Monroe every morn ing, except Sunday, at 6 A. M., arriving in Corvallls at 10 A. M ; returning, it will lea Corvallls at 2 P. M. and ar rive in Monroe at 6 P. M. The new plan will not be of any special benefit to Mon roe, except making closer connections with the bounty seat. Old Chehalls Coarthonse Sold. CHEHALIS. Wa.sh., Nov. Id, The build ings on the old courthouse block were sold at public auction today to Fred Beige for 5156. This Included' the court house, surveyor s omce ana jau. a contract provides, however, that Relge shall move everything on the block from off the land. Fined for Disorderly Condnct. VANCOUVER. Wash., Nov. 13. Fred Blancbard, who was arrested yesterday for creating a disturbance at the foojbal game, pleaded guilty in tne aiunicjpai Court this morning to he charge of be ing drunk and disorderly, and was fined J1Q and costs, which he paid. Qregqn TTotes, The new Ia, Gnfnde depot will be fin ished about December 1. Trolling for salmon on Coquille River has afforded good sport lately. In (Mountain preelnct, curry uounty, every vote was cast for McKlnley. The Sumpter and Baker City elevens will play football Thanksgiving day. One hundred wheat teams were counted between Condon and Arlington one day last week. Work on Lawten's streets and bridges has been temporarily suspended because of bad weather. The handsome new Masonic Temple at Baker City will be ready for occupancy by Dtcetnber 1. Thomas MoEwen and J. H. Robblns will be candidates for Mayor of Sumptor at the December election. j. p. Penhole was run over by a- train at Huntington Saturday, and hi$ left leg and arm were crusned. . A number of Myrtlo Point sportsmen have leased the Rababaugh swamp, near Norway, for hunting purposes. Work on the Sumpter Hotel was sus pended last week, owing to delay In re ceiving castings from Portland. The Baker City Mutual Irrigation Com pany has begun construction of a dam across Powder River near the city. The Sumpter-Granlte mall route will be extended to Lawton. and the latter place will be the terminal point instead of Gian-' Ue. Athena has been having a phantom woman excitement lately- The specter roamed the streets at all hours of the night. Realty Ipvestments' at Baker -City dp not -eho'w "any signs of abatement with the approach of Winter, accordlng-to' the "Democrat; - The Dufur Common Council has passed an ordinance fixing ihe saloon license at 3S00 a year, and at $200 a year when malt liquors only are sold. Prlnevllle engine company No. 1 has renominated Frank Elklns fori Chief En gineer, and W. A. Bell for Assistant Chief. The- election will take place the first Monday In December. The game of football, played at New berg, Saturday, between the first teams Of the Pacific College, of that place, and Pacific University, resulted In a score of 23 to 0 In favor of Pacific University. The Pendleton and La Grande High Schools will compete on the gridiron Sat urday at La. Grande. The La Grande Commercial Club will play the Heppner Athletic Club at Heppner Thanksgiving day, Charles FInnlgan has begun suit in Baker CCUnty for $23,147 65 agalnsil tha Golconda Mining Company. He alleges he sustained Injuries In the service of the company on account of criminal negli gence of the defendant. Washington Notes. The Tacoma Humane Society waa reor ganized Saturday. The hop market of Yakima, has. been in active for the past thrge weeks. A. J. Falkner has announced his can didacy for speaker of the House. The Tacoma Council is asked to raise the par of patrolmen $10 per month. The SpCkane Republican delegation to the House of Representa fives will ask for the election of Harry Rosenhaupt to the position df Speaker at the House. Ira Crofufl reports that in gathering ap ples It took only 72 apple? to make a bushel, sayii Ihe Pfosser Record. They were, of the Ben Davis variety, and the first crop. Captain Fred Nielsen, pf the ship P. Wawett, aa. arrested by thfe Sheriff of Whatcom Courity Friday, charged with dumping baUas$. in . the harbor, where euch acJts- are forbidden. Expert cracksmen b!ew QPfn the gafe In E. "W- Whitney & Cq.'s store at Span gle "Friday riTghtf securing JlfQ. TJi$ safe of R. W. Butler's store was also bored end charged wfth explosives, but the burglars left without blowing It open. The widow pf A, Engluad, as adminis tratrix of his estate, has sued the ChJI koot Railroad & Transport Company rfor jiwj damages tor tne iqss or mc. Eng land in the great Chllkoot anowllde of THIS MEDICINE Is familiar jn. thous ands of homes. For hah a century it has had a permanent place as a family medicine. HOSTETTEft'S STOMACH BITTERS ynw cvrm Indigestion, Dyspepsia, Ffetlulency, Bill&usness, Nervousness, Sleeplessness $fid Kidney Disorders, Sold by drujtf Ists and deajqrs general, Bh a Private Revwwr Stamp ovar fee jckQlJbsLfisl! 1151 CONSUMPTION The -time was when doctors thought con sumption could notbe permacetlycurcd.hyt since they have discov eredtke powerful cura tive dualities of D ffj '3 FtireHaltWMskcythe best doctorsaKTce that itwfllpennaHentlycure consurnpnoB anu au diseases of the throat and lungs. Ve have thousands of grateful patients, woo wntas us. tney nave peen, curcu after they were, jjjiven, up by the doctors. CXAXXOTTB-, Mich. Sirs After being given up by several of oar best physicians, hiving threat and laag trouble, tod pronounced a gs? of tocunMeiwwpfea ray tist? siartcd the use of your pure Milt whis key. She has'UVeff three bottles, and a e raaca Improved In strength that we are all feeling flake hopelal. MRS. BEUL SHAUL. trtaHeenly WSWtyiwtbythCaTOTfceatM el dnc. TUti4cuuatc AH dninUtj 4 rnr.or dlrtct, Kefvuc nbttitutn, ttey ut Injurious Scad fet frt sntiUcU DUFFY HALT WH1SK3Y. CO, Rosiest!, H. T. April. 1S93. He was working for the com pany when killed. The women of Spokane's Catholic par ishes will end,ea.Yor this week to, rfWoe money with which" to furnfih the ner $SS,00O building of St. Joseph's ,Qrphan age. The building Is near.ng completion, and will be ready for dedication about the first of the year. The wlfebf Chief ot Police Fackler, of Tacoma, was frightened Saturday bjf cause N. Godkln von Galen, a palmist, eh tored her house and Insisted upon reading her palm. She te'ephorud to Chief Fack ler, who promptly went heme anq arrest ed the Intruder Galen Is a veteran of tha Philippine War. William .Farnham. working on the Se attle & Northern Railway extension east of Hamilton, was almost Instantly kllKd By a landslide In a deep eut two miles from the new town of Tower He waa thrown up against a steam shovel nd burled underneath the earth and gavr1. Farnham was about 2i years df age. un married, and Is supposed to belong at Blaine "A change has been made In the manne" ot conducting $he chapel exercises at the Washington State University at Seatt e Hereafter on Tuesdajs distinguished speaker who arp not members of the university will entertain the students. Thursdays ther will be music by the university's band, and Fridays vocal mu sle wllPbo the programme. The remain ing days of the week. Monday and Weresday. will be devoted to religious exercises. The Puget Sound Overmen's Associa tion met at Olymp'a Saturday The pr n oipal business transacted was the adop tion of a standard of welcht for oysters by the sack. The prlf e was fixed t 53 . ana the Weight at 118 pounds, provider that the amqunt of five pounds be added to each sack as shrinkage In addition thp association established the price of pponed oysters at $2 per gallon and any dealer wno sells oratora for a smaller figure will not be rupp'ied with th.m by members of the association. The Selah & Moxte Canal Company has filed a notice of appropriation Of 160 cublo feet per second 6f the waters Of Yaldmh, River This ! claimed for the purpose of supplying water for Irrigating a trnct of land said to contain about 550O acrra In the Moxee district The water appro priated is sufficient fr Irrigating the lani under the proposed ditch, and for domes tic and cullnaiy uses The water has been contracted b homesteaders and oth ers holding the lands and the canal will be constructed In a few months. Eczema is caused by an acid humor in the blopd coming in contact with the skin and producing great redness and in flammation , little pustular exuptiona form and discharge a thin, sticky fluid, which dries and scales off ; sometimes the skin is hard, dry and fissured Eczema in any form is a tormenting, stubborn disease, and the itching and burning at times are almost unbearable, the acid burning humor seems, to ooze out and set the akin on fire Salves, washes nor other exter nal applications do any real good, for a; long as the poison remains m the blood it will keep the skin irritated BQP FORM OF TETTEQ. For three yean 1 had Tetter on t hands whfch cauitec thesrta jlTrell to twice their natural size. Pan of the time the disease was In the fprrg of run ning -sores, very pais fut and causing me much discomfort Foot doctors said the Tettet had progressed too fa; tq be cured, and tfiej could do potlhng fot me I took oalv three L bottles of S S S and was cojipletelv cured This was fifteen ean ago, arid" I have never usee seen any sign pf mv rid trouble. Mas. I B. Jackson UM McGee $t Kansas City , Mo. 5 5 S neutralizes this acid poijon, cools the blood and restores it to a healthy, natural state, and the rough, unhealthy skin becomes soft, s'inobth sfid clear trur-es Tetter Ery sipelas. Psoriasis, Salt Rheum and alt skin" diseases due to a pois- 6ned condition nf th blooi Send for our book and write ua about your case. Our physicians have made these diseases a life study, and can help ybu by their advice . we make no charge for this service. All cprxcapondenca is conducted in strictest confidence. THE SWIFT SPECIFIC CO. ATLANTA. 34. No More Dread of the Dental Chair TBETH KXTRACTBD AND FILTJ2D AB- I SQWXEliX 'WITHOUT PAIN, by our hU arfatlflq method applied to tha (cums. No alrep-producine areata or cocaine. Thea are the only dental parlors in Port land navtnr PATENTED APPLIANCES and Ingredients to extract. 811 and applt sold croflrna and poreelaia crowna undetectable from natural teeth, and -warranted 1st 14 year. VmfeLOVT THE LEAST PAIN Ftjll aet of teetfv t&, a perfect fit guaranteed' or so pay. Gold erowns. 33. Gold flltlnyi, XL Sil ver Alllngs, Mc All work doa by GRADU ATE DENTISTS Of from 12 to 20 yearr ex perience, and each department In cnaxz ot a ipeelUUt. Glre ua , call, and you will find us to do exactly as we adveriUe We wld tell rou In advance exaUy what your worll will eosft by a FRBH EXAMINATIONS SET TEETH . .,,., 8S.0O GOLD CROWNS fS.OO GQLD FILLINGS ,..... fl.OO SILVER FILLINGS ,50 NO PLATES New York Dental Parlors MAIN OFFICE: Fourth ar.4, Morrison its., Portland, Or. HODItS-S ta Sf SUNDAYS. 1 TQ . -BRANCH torTICES: 72J Market it., San Frawckeo. Cat. "rUtrMMnilF ezmm'& k