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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 18, 1900)
THE MOUSING OREGOSIAN, TUESDAY, DECEMBER 18, 1500. INQUIRY DEMANDED Judge Noyes' Conduct May Be Investigated. THE ALASKA COURT MUDDLE Carter Introduced a Renolntlon la the Senate for a General Inves tigation of Legal Affairs at Cape Xomc. "WASHINGTON". Dec 17. In view of the publicity of charges against the ad ministration of the District Court of Alaska, especially In the mining- laws of Cape Nome, Carter of -Montana today In troduced a resolution In the Senate di recting the committee on Judiciary to in vestigate the whole question. By the res olution, the committee is instructed spe cifically to investigate the conduct of the Judge of the division of the court of Alaska located at St. Michael and to re port to the Senate the names of all per sons connected with litigation before that court concerning whom any Improper in fluence of Illegal conduct has been or may be charged. Substantially, the res olution is as follows: "Whereas, it has been charged through the press that Judge Arthur H. Noyes, of the District Court of Alaska, having Jurisdiction over the Cape Nome district, has been guilty of illegal or improper conduct In connection with litigation pending in his court; and, ""Whereas, it is further charged that such alleged illegal action or improper conduct resulted from a conspiracy in which many persons were concerned; therefore be It "Resolved, that the Judiciary commit tee of the Senate be directed to Investi gate and report to the Senate the facts found in response to the following inter rogatories: "1 Are the general mining laws of the United States applicable to the District of Alaska? "2 Has Judge Noyes been guilty of any illegal or improper conduct in con nection with any litigation pending be fore Jils court? "3 Whether any Senator or Represent ative in Congress or any officer of the Federal Government ever purchased any Interest in any property which has been the subject of litigation in the said court, and whether any such person has had any interest in the result of such liti gation, and, if so, the name and position of such person and the nature of the Interest. "4 What, if any, effort has been made by any party improperly to influence the Judgment of the court or any officer thereof? "5 What, If any, sums of money have been expended by anybody to circulate statements reflecting upon the honor and Integrity of the court or any officer thereof, and by whom such statements were made.? "& The facts connected -with any In ducements offered to Judge Johnson, predecessor of said Judge Noyes, to in dude him to resign his position on the bench and to become connected with the litigation pending in the court at the time of his resignation or thereafter com menced. "The committee is directed to Inquire fully into the charges affecting the integ rity of Judge Noyes or his court or any receiver or other officer in connection with litigation pending before the court; and is authorized to send for persons and papers, to examine witnesses under oath and to incur such expenses as may be necessary to make the investigation thor ough." SUIT AGAIXST THE STATE OX TRIAL Too Much. "Water Said to Be Taken for Public Institutions. SALEM, Or., Dec 17. Judge Boise today began the trial of the suit brought by the Salem Flouring Mills Company to enjoin the state officials from using more water from the mlllrace at the penitentiary than the state is- entitled to. The contention of the flouring mill com pany is that the state is entitled to use from Mill Creek, -which Is supplied with water from the race, only so much water as may be needed for raccnanical pur poses, and as much more as can be pumped through a two-inch pipe. The plaintiff alleges that the state is using for conspmption at the penitentiary, asy lum, Orphans Home and Statehouse all the water that can be drawn through two 10-Inch pipes. The defenses of the state are several. It is alleged that the state is using no more water than it is entitled to; that it has used the "water adversely for over 10 years; that the mill company agreed with the state officials since 1890 that in consideration of labor performed on the mlllrace by convicts the state should use all the water It needed at the state in stitutions, and that even If the state Is using more water than it Is entitled to, the mill company is not Injured thereby, and hence can have no Injunction. Governor Geer today appointed M. D. Thompson, to the office of County Judge of Douglas' g46lty, to succeed Joscpn Lyon, who resigned. Thompson was rec ommended by the Douglas County Repub lican Central Committee. He was one of the County Commissioners, and this ap pointment leaves a vacancy In that of fice The members of the Salem Athletic Club football team occupied the boxes at. the Grand Opera-House this evening as the special guests of Manager Cordray. The Dick Swartz farm of 500 acres, on Howell Prairie, was sold today by Judge George H. Williams, who recently ac quired it on foreclosure. The purchasers were A. G., Antone and Peter Kufner, recent arrivals from Minnesota. The Kuf ner brothers "will stock the farm with thoroughbred horses and cattle, and will make it one of the best stock farms In the Valley. The exact consideration of the sale is not stated, but it Is under stood to be about $25 per acre. HOW FARMER "WAS KILLED. Denth Was Instantaneous Locomo tive Engineer "Wan Onlr "Wltnefc. SALEM, Or., Dec 17. Coroner D. F. Lane went to Turner this morning to in vestigate the facts regarding the train accident near that place last night, which resulted In the death of Ralph Bowerman. It appears that the engineer on the Al bany local was the only witness to the accident, and he saw the deceased only an Instant before the engine struck the wagon In which Bowerman was riding. Bowermail had been visiting his father, who resides about two miles east or Salem, and started for home late in the afternoon. He resides on his farm two miles south of Turner. At a point about a mile south from Turner the wagon road crosses the Southern Pacific track. Bowerman had driven on the track far enough so that the engine struck the front wheels of the wagqn, breaking the vehicle to splinters and killing both horses and the driver. The train, which consisted of but three cars, ran about 1100 feet after the accident before It could be stopped. On backing to the crossing. search was made for the body of the un fortunate man. but not until after con siderable time was the body found, lodged on the pilot of the engine. The back of the head was crushed In. and death must have been instantaneous. otherwl5t th man's struggles would hav caused him to fall to the ground. The train was backed to Turner, where the body was taken from the engine and held until the Coroner could be notified. Dr. Lane could see no evidence to warrant an inquest, and therefore held none. He is of the opinion that Bowerman was closely wrapped In his coat and muffler, and for that reason did nqt hear or see the ap proaching train. A strong south wlnd would lessen the probability of his hear ing the noise of the wheels. The train, being light, made but little noise. The deceased Is a brother" of Jay Bow erman, an attorney at Condon and Fos-slL ASTORIA'S STREET RAILWAY VISE. Conditional Franchise Offered Local Capitalist. ASTORIA, Or.. Dec 17. At the meeting of the Council this evening an ordinance was Introduced granting to Charles H. Page, Martin Foard and F. R. Stokes a 75-year street railway franchise over all the streets of the city, provided that the grantees shall acquire the present street car line within three months and shall extend the same one-halt mile, both east and west, within one year. A special meeting of the Council will be called dur ing the present week to take action on the ordinance. The big Jam containing about 1,500,000 feet of logs, which had formed in the Lower Necanlcum River, was blown out with dynamite Saturday afternoon. Dur ing the past few days 2,0-O.COO feet ol logs belonging to the Necanlcum Spruce Lumber Company and C. C. Clarke have floated down that river. The directors of the American Canning &. Packing Company held a meeting this morning and elected Charles Rogers presi dent and H. C. Thompson secretary. The new Methodist Episcopal Church at Knappa was dedicated yesterday. Dr. G. W. Gue. of Portland, officiating. The church is a very substantial structure, erected at a cost of 51C09. and Is entirely free from debt. Its pastor Is the Rev. J. W. Hawkins. Articles of Incorporation of the Muir Glacier Packing Company were filed in the office of tne County Clerk today. The capital stock Is JW.OOO, and the Incorpo rators are: N. J. Svindseth, Thomas Chrlstensen and J. H. Smith. The prin cipal office of the company is to be at Astoria, and the object is to engage In packing and canning salmon In Alaska. As the mall-carrier was coming over the trail Irom Nehalem to Seaside Friday afternoon, he found a Chinaman lying near Arch Cape in a very exhausted con dition, and evidently near death. The mail-carrier notified Joseph Walsh, whose ranch is about a quarter of a mile away, and he and James Burke soon after wards went to the place with some food and blankets, but found that the China man had died. They covered him up and wrote Coroner Pohl, telling him of the circumstances. Upon Inquiry here It was found that the name of the Chinaman was Jung Hlng, about 50 years of age, and he had been working at Elmore's Nehalem cannery, and had started back to Astoria overland, with a party of his countrymen, as the season's work had finished. Those who were with him state that the man was not strong, and lagged behind, and when requested to keep up with the res; he said that he knew the trail, and for the others to go on. His friends have raised sufficient money to bring the body here, and it will be sent to Portland for burial. Rnrnl Delivery in Whitman. COLFAX, Wash., Dec. 17. The Indica tions are that the arrival of Spring will find rural free delivery of mall in all parts of Whitman County. Qarfield has already secured the necessary signatures to a petition for a route 24 miles In length, running from that town through the thickly settled portion of the coun try surrounding, and hopes to have the route established and the delivery In op eration as soon as the necessary steps can be taken. Palouse merchants are at work trying to have two, and possibly three, routes established from Palouse, and the committee Is meeting with suc cess In securing signatures to the peti tions asking for the establishment of the routes. Colfax is also advocating the es tablishment of rural free delivery on three routes. The farmers are enthusi astic over the prospects for obtaining the free delivery, and are doing all In their power to aid in hastening the open ing of the routes. LiRhtHhlp Gone Adrift. SEATTLE, Dec 17. A telegram re ceived today from Inspector Day, of the Lighthouse Sen-Ice, contains the informa tion that Lightship No. 67, anchored off Umatilla Reef, off the coast of Washing ton, has gone adrift. Several weeks ago the same vessel went adrift, but was re covered. Mariners are warned of the lightship's absence. Fire ApparatuB for SUrerton. SILVERTON, Or., Dec 17. The recent fire In Silverton stimulated the citizens to provide better fire protection, and the Council at Its last meeting made an order for 500 feet of hose and five hydrants, the hydrants to be placed in the business por tion of the town. Gambllngr-Roomn Robbed. SPOKANE, Dec IS. The Warwick gambling-rooms, bn Riverside avenue, were held up at 1 o'clock this morning and robbed of nearly $700. The alarm was given and the robber pursued and cap tured. Oregon Note. At the La Grande sugar factory 5000 sheep and 200 cattle are being fed. The subscription list at Summerville for a starch factory is growing rapidly. The Umatilla County Court denied a pe tition for a saloon at Echo last week. Mrs. A. Rynearson shipped two car loads of apples from La Grande to Chi cago, last week. An examination for the postoffice service was held at Astoria Saturday. There were three applicants. Sidney Sigar was fined $10 and costs at Prairie City last week for having re ceived stolen shingles. A Teport by letter reaches Ontario thav George Brannan, who is operating placer diggings near Bridgeport, found a gola nugget that weighed $1006. The warehouse of Patterson & Eppln ger. at Baker City, was broken Into Fri day night and between $50 and $00 worth of liquor was carried away. Indications are that there will be many applicants for timber claims as soon as plats arrive at the Lakeview land office. All the plats were burned In the "biff Are of last Spring. Scio will soon have a high school. It Is the Intention to open the institution after New Year. This will necessitate the employment of another teacher, mak ing four employed by the district. Milton elected the following- city officers: Mayor, S. A. Miller; Recorder, G. W. Ingle; Treasurer, N. A. Davis; Council men, W. A. Bannister: J. B. Frarier. J. I Frazier. James Edwards, J." C. Moss. J. L. Caviness has 150 tons of carrots that he will feed his hogs, cows and horses this Winter, says the La Grande Observer. He recently received SM head of hogs from his Wallowa County farm. E.M. Oliver, of Union County, who, for the past two years, has grown 100 acres of -sugar beets, has decided to contract for 200 acres next season. He made more money this year on his beet land in pro portion to the acreage than he did on nls wheat land. The residents of Powder VaHcy go to Baker City by rail on. account of the al most Impassable condition of the roads. Heavy hauling is next to impossible and It is for this reason that there Is al most a suspension of team traffic be tween points west and Baker City. Snow zrould be gladly welcomed. LOTS OF NATURAL GAS PROMISING PROSPECTS ABOUT RO SALIA, "WASH. Good Quality for Heating and Light ing Arrangement! for Sinking: a. "Well Have Been Made. ROSALIA, Wash., Dec Tt. The excite ment over. the discovery of gas in the country lying west of Rosalia continues and Is increasing as new proofs of the existence of natural gas are discovered. There is no longer any doubt that nat ural gas of a good quality exists in a large scope of country lying along Pine Creek to the west of here. The only ques tion remaining to be solved Is whether the gas Is in paying quantities, and this Is to be solved by the sinking of a well. Gas that burns and gives forth a good light and heat has been found In various parts of a large territory covering thou sands of acres, and chemical analysis of the gas shows that It Is natural gas of GALLERY OF NEW MEMBERS OREGON LEGISLATURE 1 C. W. XOTTIXGHAM, A REPRESENTATIVE FROM MULTNOMAH COUXTY. C W. Nottingham was born In Sangamon County, Illinois, In 1848. He was brought up on a farm. When he became of age he engaged in farming and atockralslcg. He came to Oregon In 1SS1. and engaged in manufacturing lime on Puget pund. and also had a house In Portland to sell the product. In 18S4 he sold his Interest In the manufacturing part ot the business. Mr. Nottingham is now president of Nottingham & Co., dealers in building material. In Portland. In politics. Mr. Nottingham is and has always been a Republican. He was nominated on the Citizens ticket for Representative from Multnomah County last June, and received the highest ote cast for Representative. excellent quality. Messrs. Hunter, Hollia and Dabney, of Spokane, who were the first promoters in the district, secured leases on large tracts of land, aggregat ing between SO00 and 10,000 acres, and will sink a well and develop the property. The leases are drawn for a period of 25 years, with the privilege of renewing for another 25 years if the company so desires. The owner of the land Is to re ceive J10 per cent of the net proceeds of the gas, oil or coal discovered on and taken from under his land. Since these leases were made the farm ers have become more wary, and are ask ing for better terms than those given by the Spokane people, and no new leases are being entered into. There are pro moters and experts In the country every day, and the hotel and livery stable pro prietors are reaping a rich harvest. Teams are in demand, and the country Isbelns scoured by mining men seeking to get an Interest In the gas fields, but they are meeting with little. If any, encourage ment, for the farmers who own the land are determined to enter into no contracts until the company which has contracts does some development work and they as certain what there really is in the discov ery which has caused such a fever of ex citement and converted this quiet farm ing country into a feverish mining cen ter. It Is hoped work on a well will be gin about February 1. and after the firs well Is sunk. If gas or oil is found In paving-quantities, there will be great ac tivity In the district., and weMs will be sunk in all parts of the territory where the gas has been found. Wilson Moreland. a pioneer farmer, who owns a large tract of land six miles, west of Rosalia, has combined with a nuinbe; of his neighbors to control C000 acres of land In the gas belt, and they have agreed to lease their land In a body If proper inducements can be secured. Nearly all these men are wealthv. ard If they can not lease on term agreeable to all. they will buy machinery and sink a well. Mr. Morelands land has some of the best showings yet found In the district, largi quantities of the gas having been gath ered on his land bv the most primitive methods. Bv thrusting an iron rod into th soil until it reaches the gravel nhd withdrawing it, the ga Is found to es cape from the hole made bv the Tod. a lighted match applied to this will pro duce a blaze several feet in height nd lasting more than a minute. A bottle filled with water placed over the hole, with the mouth of the bottle down, will soon fill with gas, thp gas forcing the water out of the bot'le. .nd when the water Is cone the bottle is full of gas. A quart bottle can be filled with gas In thl3 manner in less than a minute. A tin pall, with a hole In the bottom, inverted, with the top in the water of Pine Creek, is another crude but effectual method of capturing the pas. The hole in th- buck et Is plugged and the buricet sunk into the water.. to down, and the muddy bot tom of the creek stirred with a pole until the mud is removed from the pmvel. In which the jras Is always found. The ga rises through the water and forces the pail up. When it is filled the plug is re moved and a bottl filled with water Is nfciced over the hole. The ras. being -.he lighter, forces its wav uDwrd and tac water escapes. Mr. Moreland has had r 30-gallon tank made, and with an Im mense funnel, which he will invert over the hole made bv the Iron rod, will gath er larp quantities of the gas. He will bring the tank full of the gas to Rosalia and an extensive tost will be made. A test of 20 gallons made in Spokane showed that the gas Is of superior quality "both for heating and lighting. Strong indications of oil. supposed to be coal oil. have been found In many parts of the gas belt, and prospectors who are familiar with oil regions say there is every reason to believe that oil will also be found. A representative of the Stand ard Oil Company has been here sevcra days, investigating the fields, but It Is Impossible to get any information from him. A Rich Mine. Tne rich strike reported in the Helena mine some three weeks ago is still de veloping. Two shifts of miners have been driving night and day. and are now in ST feet in this ohute of ore The vein Is regular, and there are no signs of fault ing. Mr. Jennings believes this ore chute will continue for 200 feet, as the other two chutes they have cut through are from ISO to 00 feet In length. If It advances 60 feet further there will be In sight 3000 tons of ore that they can sack and ship to the smelter. The average working sam ples of the ore gone through will net, af ter mining and treatment, $300 per ton. Analyses made of the ore show It to be a telluride of gold. Professor Stone and several othar prac tlcal mining men from Cripple Creek. Colo., In making- a thorough examination of the Bohemia district one year ago, pre dicted a strike of this character of ore in deep mining In the Bohemia camp. This great strike In the Helena mine has demonstrated the truth of these predictions. Crashed in a Coal Mine. TACOMA, Dec 17. A telephone message from Carbonado says: , Andrew Nels Johnson, a Swedish miner, was found dead Sunday morning, burled in coal at the bottom of one of the chutes of the Northwestern Coal Mining Com pany. Johnson mu$t have fallen Into the chute Saturday night, while at work. His body was badly bruised and crushed. Quartz Claims arHead of ClacUamaB. OREGON CITY. Or., Dec 17. Three new quartz-claim locations were filed In the County Recorder's office today from the Tansy Basin mining district, near the headwaters of the Clackamas River. The locators are A. H. Forstner, George Ap pleyard and B. L. Forstner, all of Salem. Quotations of Mining; Stoclca. SPOKANE," Dec 17. The closing quotations for mining stocks today were': ' Bid. Ask. Bid. Aslu Blacktall 8 84Prln. Maud... 1H 1 Butte &. Bos.. 1ix 23JP. M. Tunnel. ... 21 Crystal 6 Qullp 20 23 D. T. Con..... 1 2 iKarab. Car....25H 20 Evening Star. 5 6V4Republlc GO Co Gold Ledge... 1 laJlResert atlon .: 3 4Y Golden Harv. !Ross. Giant... 2H 2 I. X. L 16 20hl3ulUvan 13& U ron Mask 28 Tom Thumb...l04 12 Jim Blaine... 4 8 Waterloo 2& ZVx L. P. Surp... C4 TKIWinntpeg 4- lit... Llon....lSH 2 Conjecture ... 4 4U Morn. Glory.. 8 SjjIAmor. Boy ... 9 10& Morrison .... 2 3 Trade Dollar.. 2ft 3 Noble Five 4 1 SAN FRANCISCO. Dec 17. Official closing quotations for mining stocks: Alta $0 OSIKentuck Con $0 01 Alpha Con 3Mexican 33 Andes ...- 8OccldenUU Con ... 4 Belcher 140phlr 06 Best & Belcher... ,27lOvcrman ' 10 Bullion 2Potosl . 13 Caledonia 47Savage ... 17 Challenge Con ... 21)Seg. Belcher 2 Chollar 15 Sierra Nevada ... 29 ronnd-nce MJSlUer Hill 4T Con. Cal. & Va... 1 455tandard 3 00 Crown Point .... 11 I'rlon Con 22 Gould & Curry,.. 51Utah Con 5 Hale & Norcross. 20 Yellow Jacket .... 21 Justice - 211 NEW TORK. Dec 17. Mlnlnc stocks today closed as follows : Adams Con SO 20l3tandard $2 S3 Brcece .- 2 OUiBrunswick 1J Comstock Tun.... 4ICon. Cal. Ss. Va,.. 1 35 Deadwood 55'Horn Sliver 1 1) Iron Sliver 75LeadUIe Con .... 5 Little Chlet lOKDntario 6 00 Dphlr CoiPhoenlx 10 Potosl 103aage 8 Sierra Nevada ... 27lSmall Hopes 50 Mice 40 BOSTON, Dec. 17. CloInr quotations: Adventure 5 7 12IFrankIln $ 15 00 Allouez M. Co.. 2 5oParrott 40 23 Atrial. Copper... J2 SOQulncy 167 00 Atlantic 26 OOiSanta Fe Cop... 6 12 Boston & Mont. 327 OOTvnarf-k 280 00 Butte Bonon .84 OOlUtah Mining ... 34 23 Cal. .fc Hecla... Sin oo Winona 3 25 Centennial 22 Wolverines 40 00 Osceola 73 IM Xotes of OrqKon Mines. Harvey Brown, formerly manager of the Nelson placer mines, has a force of men at work In Fllce's Gulch, 12 miles south of Baker City, sinking to bedrock with Improved machinery. It his long been the opinion of mining men that rich ground eristcd underneath the false bed rock lnthat locality. It being a continu ation of the old Auburn channel. Last week six carloads of mining ma chinery were received at the freight yards of the SumpterValley Railway. Two cars were for the Xorth Pole mine; one contained two huge colls of -lnch cast steel cable for the new mile and a half aerial tramway. Eich coll weighed over 10,000 pounds and contained 7000 feet of cabie. The other car contained 150 buck ets and other parts of the tramway. The other four cars were for the Bild Moun tain mill, and were loaded with vanners, mortars and general nll machinery. The aggregate of this consignment is 100,000 pounds. While mining machinery Is as suming a very large proportion of the freight received at present, other big ship ments are iso being received. The Bache Hardware Company has In transit one carload of nails, one of coal, one of cor rugated Iron, and one of bar Iron. The aggregate weight of these cars will be about 1C0.000 pounds. Mine transfers In Grant County have been recorded as follows: C. S Miller et aL to Granite Creek Gold Concentrating Mining Company, for the Wlegman, Eagle. Empire Nbs. 1 and 2, Captain Mar tin and East Captain "Martin; John Arthur to William S. Pond, Tor a five-sixth In terest in Nbrah quartz claim. VX6; John Arthur to William S. Pond, for the Boun dary placer mining claim, also a. five sixth Interest In the Mutual and Oregon quartz- mining claims; William S. Pond et aL to Great Western Mining Com piny. for the Norah, Boundary. Mutual and Oregon quartz claims, J1SCO; Hugh Gll 11s to W. Ei. Hurd. for the Orphan Girl mining claim In the Greenhorn Moun tains; A. V. Cleaver to W. E. Hurd. for a one-fourth Interest In the Savage mine, In the Greenhorn Mountains. Oscar Lund, of Cove, has gone to Poca tello with a carload of apples. VEHICLE LICENSE VOID SUPREME COURT DECIDES AGAIXST THE PORTLAXD ORDINANCE. Council Hrsj Xo Power to Increase Stated Fund Employment of At torney to Collect Tase Upheld. SALEM, Dec 17. The Supreme Court today rendered decisions In six appealed cases, several of the cases being of con siderable general Interest. William Gadsby et al., respondents, vs. the City of. Portland et al.. appellants, from Multnomah County, John B. Cle land, Judge; "affirmed. Opinion by Justice Wolverton. This suit was instituted by nearly 200 merchants, firms and corporations en gaged In business of various kinds in the City of Portland, who. refused to pay the license fees or taxes required by ordi nance No7H,736, upon wagons, hacks, and other vehicles, used by tnem In connec tion with their business enterprises, and Its purpose Is to enjoin the collection thereof. The ordinance in question is en titled. "An ordinance licensing, taxing and regulating, for the purpose of city revenue, all vehicles of any description whatsoever, in use in, upon or through any of the streets within the City of Portland." Section S thereof provides that "all moneys derived from license taxes under the provisions of this ordi nance s.hall be placed tc the credit of the fund for the repair of streets and bridges." The Common Council has for the cur rent year levied the full 8-mlll tax, or maximum amount authorized by the city charter, upon all the taxable property, both real and personal, within the city, and this tax has been paid In full by the plaintiffs. The validity of the ordi nance was quertloned upon the ground that it is an attempt to provide revenue for a specific purpose In excess of tne amount authorized by the charter to be expended for such purpose, and ths ques- j uuii ia me uiu vug uie oupreme uouri considered. After quoting extensively from the charter provisions, the opinion says: "These comprehend about all the sec tions and clauses of the charter that have any particular bearing upon the present controversy. When construed In pari materia, as it was no doubt Intended they should be, they indicate a legislative purpose of providing four several, sep arate and distinct funds, to be set apart and used as thereby directed, which funds are all limited by the charter with a view to keeping the exp3nditures of the several departments within the bounds prescribed. The remaining 2 mills con stitute the fifth fund; but it does not ap pear to have been limited and restricted In amount, or otherwise, except that It shall be used exclusively to pay the In terest on the bonded Indebtedness of the city. Subdivision 1, section 22, requires that the Council shall set apart by ordi nance not to exceed VA mills for lighting streets, 2 mills for the fire department, 1 mills for the police department, and U of a mill for repair of streets, and that no other or greater sum snail be appropri ated for the purposes named. "The declared purpose of ordinance No. U.7SS Is to raise revenue, and. section 8 appropriates the whole of It to the fund for the repair of streets and bridges, thus signifying a clear Intention on the part of the Council to supplement or augment the fund for repairing streets beyond the amount limited by the charter. This, we have seen. It Is not authorized to do, and the ordinance Is therefore void and In operative." George W. Davis et al., appellants, vs. Ernst Hofer et al respondents, from Marion County. R. P. Boise. Judge; af firmed. Opinion by Justice Moore. , The purpose of this suit was to have a Judgment and a sale thereunder set aside, and to require the defendants to account for money received In conducting the business of the Capital Journal Publish ing Company, a corporation, In which the parties to such suit are stockholders. It was alleged In the .complaint that the defendants, who constitute a majority of the board of directors, fraudulently con spired to wreck the corporation and to acquire Its property, to the Injury of the plaintiffs, who own -33 shares of the capi tal stock, and that they collected $30,000 belonging to the corporation, which Un appropriated to their own use and re fused to account for. The answer admit ted that since, the defendants assumed control of said newspaper they have col lected all moneys paid to the corporation, and for a separate defense allege that after taking charge of the business an agreement was entered Into with the cor poration whereby it was stipulated that Ernst Hofer should receive, as editor, and A. F. Hcfer. Jr.. as business man ager, the sum of $25 per week each, and that, a judgment having been rendered for the salaries due them, the property of the corporation had been sold on an execution issued thereon. After the trial in the lower court a de cree was rendered d'smlsslng the suit. The Supreme Court, finding no prejudi cial error, affirms the decree. Wadhams & Co.. respondents, vs. In man. Poulsen & Co.. appellants, from Multnomah County, Alfred F- Sears, Jr., Judge: affirmed. Opinion by Chief Jus tice Bean. This was a suit brought by the plaintiff to recover ?420 on an order upon the de fendant. given1 bv the Washougal Land & Logging Company. The aeclslon In the J lower court was for plaintiff, and, there being no error this is affirmed. State of Oregon, respondent, vs. W. D. Huffman, appellant, from Harney Coun ty; M D. Clifford. Judge; affirmed. Opin ion by Justice Wolverton. Defendant was convicted of the crime of Tape, committed July 1. 1F99. In Har ney County, upon Alfa Farrens. He was sentenced to 10 years' Imprisonment in the Penitentiary. Stephen Williamson, Robert Balfour, Robert Brodle Forman. Alexander Guth- t lie. Robert Bruce and Walter J. Burns, f partners, under the firm name of Balfour, Guthrie & Co.. appellants, vs. North Pa cific Lumber Company, respondents, from Multnomah County, Arthur L. Frazer, i Judge; reversed and remanded. Opinion Dy wniei justice isean. This was an action for reclamation on two cargoes of lumber, purchased bv the plaintiffs from the defendant, and shipped to ports on tne west coast of South America. The trial in the lower court resulted in a verdict for 'the defendant, and plaintiff appealed, assigning as error the givinjg and refusal of certain Instruc tions by the trial court. The opinion of the Supreme Court holds that the court erred In leaving to the Jury the con struction of a letter offered In evidence. It Is held that the construction of the letter was a matter for the court. The case of the State of Oregon, upon the relation of Lvl Herren, respondent. vs. W. W. Hall, County Clerk of Marlon County, et al., appellants, was reversed. the decision of the Supreme Court being In favor or George G. Bingham, the chief party In interest. This suit was brought to enjoin the payment of a county war rant Issued to George G. Bingham, a Sa lem attorney, who nad been employed by the County Court to assist In ihe collec tion of taxes. The suit was tried before Judge R. P. Boise, who rendered a decree in Tavor ot tne plaintiff. The County Court ordered that the case be appealed, and In the Supreme Court the lower court has been reversed In an opinion written by Chief Justice Bean. In September. 138, the County Court employed Mr Bingham to collect or" as sist in the collection of delinquent taxes for the "years 1SS2, 1S93, 1S94, 1S95 and 1S3S. and to take charge of the property there tofore bid In by the County Judge on de J llnouent tax x&les. arJ collect the amounts due" thereon, or, when advisa-l ble. to recover the possession of the property by action or otherwise. At the time of making this contract tne delin quent tax-rolls for the years named were In the hands of the Sheriff, but all collec tions thereon which could be .enforced had been made, and there were no means of collecting any further or additional taxes by legal process. It was Mr. Bing ham's 'duty, under his contract, to ascer tain from the tax-rolls the names of de linquent taxpayers, to learn their where abouts, and to notify them, personally or by letter of the amount of their taxes, and request them to call at the Sheriff's office and pay the same, but he was not lrt any way authorized to inter fere with the duties of that offi cer. For his services he was to -receive 15 per cent on all taxes collected from the rolls of 1S35 and 1S96. and 20 per cent on the amount collected from the other rolls. On January 6, 1S90, he was allowed $1S0 51 by the County Court for the percentage due him on collections made in pursuance of his contract, and a warrant was ordered Issued In his favor for the amount thereof. The opinion of the Supreme Court says, among other things; The plaintiff bases its right to relief on the ground that the County Court had no power or authority to enter into a con tract with Mr. Bingham to collect or assist in the collection of delinquent taxes. Tne argument Is that by law the Sheriff is made the tax collector of the county, and the County Court cannot in terfere with his duties. But, conceding this pos'ltiort. the contract In question does not attempt to Interfere with tho duties of the Sheriff or any other officer. The County Court by statute is made the general financial or business agent of the county, charged with the care and man agement of its business and funds (Hill's Annotated Laws, section S06, subdivision 9), and to that end it may, unless pro hibited by law, adopt such means as in its judgment may be proper or expedi ent to assist a. county officer In the dis charge of his duties. "The decision in the case of Burness vs. Multnomah County is In no way In conflict with this conclusion. In" that case the contract between the county and .No ble was held void because It undertook to interfere with the duties of the County Clerk by stipulating how and from what data he should make delinquent tax rolls. But, as already said, in this case there was no attempt to interfere with the duties of the Sheriff, but rather to give him assistance In order that some thing might be realized on delinquent taxes which could not be collected by legal process. DIU HOCKEY GETS VERDICT. "Wins Fall Sum Claimed From Van couver Pntlent. VANCOUVER. Wash.. Dec. 17. The Jury in the case of Dr. A. E. Rockey vs. William C. Hazard, which has been on trial for the past three days, after half an hour brought In a verdict for the plaintiff for the sum of $300, the full amount asked for. The case has attract ed considerable notice on account of the prominence of the parties. The court room was crowded with interested spec tators today, listening to the arguments of the attorneys, which occupied nearly the entire session. This evening a jury was empaneled in the case of 'The State vs. John Sankonan, Jr., in which the defendant, a young man of IS years, Is charged with the crime of burglary In stealing a gun from a building on the premises of Nestor Walne, at Hockinson. The ladies of St James Catholic Church announced today that the re ceipts from the church fair held last week amounted to $041. A number of handsome prizes were awarded' for the different contests and drawings Inaugu rated. WORKING FORT CREAMERIES. Several More Are Jn Prospect for Clackamas Coanty. OREGON CITY, Dec. 17. W. H. Bor ing; of Damascus, is canvassing that sec tion to ascertain If milk can be guaran teed from a sufficient number of cows t justify the establishment of a creamery. He has made contracts to secure the milk from 100 cows In the Immediate vicinity of Boring, four miles from Damascus, but desires to start up business with milk from at least 150 cows. The farmers in that section are receiving the creamery idea with much favor, as "the results from the wheat crop have been very unsatis factory for the past three years. A move is on foot to establish a creamery at Stone, only a few miles from Damascus, and a meeting has been called to form a co-operative company. At the farmers' institute, to De held at Logan, Wednesday and Thursday, matters relating to dairy ing .will be especially discussed, and sev eral' localities that contemplate estab lishing creameries or cheese factories will send delegates to the Institute.' Notes of Ln Grande. LA GRANDE, Or., ,Dec 17. Adam Crossman, proprietor of the International saloon, got his hand so badly torn Sun day evening by the explosion of an acety lene" gas lamp that amputation above the wrist was necessary. The cause of the explosion Is not known. William Lane, a pioneer of this plac, attempted to commit suicide yesterday by cutting his throat, but was nrevented "by a member of the family. It Is te- Ileved that he was temporarily deranged. Extensive preparations are being made for the dedication of the new Masonic Hall. Thursday. Prominent Masons from all parts of the Northwest will be pres ent. One Neprro Killed Another, SEATTLE, Dec 17. George Hart, a coal miner, yesterday shot and instantly killed Ollie Jones in an altercation at franklin, Wash., in this county. Hart and his vic tim are both negroes. BORDEN'S EAGLE RAND S2 YOUNG MEN rronbled with night jj '&0j WBSsmM ' - I ffliS fulness, aversion to society, which deprive u i yur -mannuoa. uwi ,iuu MIDDLElAEDENrn excesses and strains have lost their MANLT BLOOD An -sktn DISEASES. Syphilis, Gonorrhoea, painful, bloody urine. Gleft7Ict4e enlJrnred prostate. Sexual Debility. Varicocele. Hydrocele. Kidney and i Liver trouble, cured WITHOllT MlCRCURr AND OTHER POI' -OL'S DRUGS Catarrh and Rheumatism CURED. ,,. Dr. Walker's methods are regular and scientific. He uses no patent nostrums or ready-made preparations, but cures the disease by thorough medical treatment. His New Pamphlet on Private Diseases sent Free to all men who describe their troubles PATIENTS cured at ndrae. Terms reasonable. All letters answered in plain envelope. Coniultation free and sacredly confidential. Call on or address Daetnr Walker, 132 First St, Corner Aider, Portland. -Or. SHOT THROUGH A WINDOW HOW THE TVASHIXGTOX COTOTY FAR5IER. WAS MURDERED. Xo Doubt That Robbery Was "the Ob ject, and Coroner's Jnry So Found Circumstances ol the Crime. HILLSBORO. Or.. Tw i7n,.. . doubt that Andrew Dahiberg. the Swede i-wuci. icsiuing near .Keeaviiie, who was found dead in his tn ,.ntn,. . , foully murdered Sunday evening, and that the motive was robber. The dead man a u. ureiaer at jauiiao, Idaho, and that the murder was committor v. enm. . who knew something of Dahlbergs cir- tuiuaumces is me accepted theory, as It was generally known that the deceased was to have received mnnov nhnnt ., time from the brother. Coroner W. P. Via. of Forest Grove, accompanied by Dr! Large and Sheriff Sewell, visited the scene this morning, and an Inquest was held. The jury found that the man had come to nis aeatn by a gunshot wound; that he was killed Saturdav pvnntr nnrt that the murder was prompted by the motive of robbery. The physicians found that the jrun had ben fli-Aii thi-nmrVi , window, the glass having been broken. A auuisuu wau was icuna m tne brain, the bullet having passed in at the Jugular. crasning- mrougn tne skull, and on Into the wall. From all Indications the load was discharged from a shotgun shell, which was specially prepared for the pur pose of .killincr Dahlhprf AitVinuo-v. . rains were heavy Saturday evening and aunaay up to tne hour he was found by O. T. Madison, a neighbor, an lmnn.?. sion of a laree rubber hont Is vot to. tlnct in front of the cabin window through wnicn tne fatal shot was fired. Dahlberfr was about 50 vwrs nf ? and had no enemies, so the murder cou'd nanny nave sprung from revenge. Even had he received no monw rm vi brother, he had recently sold and shipped sumo puunues, ana inis might have in spired the cupidity of the thief. When found, his right-hand pocket had been turned Inside out. Dahiberg was a bach elor, and he and his brother hoH hi-n.n-vi- the place on time. The first story, that ne nan oeen strucK on tne head, was In spired by the fact that a close examina tion was not made by the man who found the corpse, and who noticed the blood on top of the dead man's head. SIX CARS OF PRUNES GO EAST. Dallas Banker to Go With Them Sale of Town, Property. DALLAS. Or., Dec 17. R. E. Williams, cashier of the Dallas City Bank, will leave here tomorrow for Minneapolis, In charge of six carloads of prunes, con signed to parties there on an advance of 4 cents a pound. One of the rrineinaT untmnmrpfl nmo. Jots In Dallas sold Saturday at guardian's sate ior 3K. The lot is SOxlDO feet, with a small one-story wooden building on it. which will be replaced soon with a stone business house, probably a bank building. Klrkpatrick & Williams were the pur chasers. Saturday, Thurston & Co. made the greatest run of logs ever made on the La Creole. Over 1000 logs came Into the millpond, about 1,000,000 feet. Ties are now being distributed on tho Salem & Falls City Railroad. Plans are on foot to build an electric motor lne from Dallas to Salem. The plan Is to start from Germantown. a suburb of North Salem, and end In West Salem. This route would be without a bridge, straight and comparatively level. "WASHINGTON COUNTY SLASHED. Equalization Board 3Inkes Horizon tal Reduction, of IS Per Cemt HH.LSBORO, Or., Dec 17. The Bdard of County Commissioners, sitting as the County Board of Equalization, has re duced the valuations of real estate as re turned by the Assessor for the year 1900. IS per cent. This makes the taxable val uations the lowest for years. The total assessment now stands at $2,871,825 50, as compared with $3,303,75 before the reduc tion, a net cut of $131,853 50. The reason for the reduction, as entered officially on the court docket. Is that the assess ment as returned was universally higher than that of the various counties of the state. The reduction meets with general approval "here. Too Swift for the Telephone. CORVALLIS, Or., Dec. 17. Yesterday's electric storm, made things interesting for a time .at the local telephone office. The display of electrical fireworks was so active about the switchboard that tie young woman In charge kept at a safe distance while the storm was ln progress. All the fuses ln the office were burned out by the storm. Similar conditions pre vailed at Albany and Independence. For tunately for the local system, a number of linemen happened to be In town and the damage ln the local office was at once repaired. Goldsborougrh. Agraln Damaged. TACOMA, Dec 17. The torpedo-boat-destroyer Goldsborough will not make an other run on Sound waters for many weeks. The breaking of the eccentric rod Friday has disabled her for some time. The crew has been discharged, and the or der for Government Inspectors nas been countermanded, so It will probably be about two months before the final trial trip can be made. Transferred to Fort Wrisjht. WASHINGTON. Dec 13. Acting Assist ant Surgeon John G. Byrne, now at San Francisco, has been assigned, to Fort Wright. 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