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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
TFE MOKNIN'0 OREOONIAN, TUESDAY, MAflCH 26, 1901.
POINTS TO GREEN
Evidence in the Hood River
VERDICT OF CORONER'S JURY
Testimony Proved a Double Tragedy
Wa Narroivly Averted Diligent
'- Search. o -Officer lor Snnpect
SOOD RIVER, March 25. Develop
ments in yesterday morning's cold-blooded
murder of Edson V. Benjamin, at the
"Wcndorf ranch, near Underwood's Land
ing, "Wash-, seem to point conclusively to
the guilt of James Green, a logger of that
Vicinity. Green has been suspected of
ithe murder from the start. Both his
previous and subsequent acts seem to
uhow the correctness of this theory. Be
fore the murder Green made repeated
threats on Benjamin's life. Since Its com-
mission, although living only half a mile J
away irom tne scene, he has not been
found. Sheriff Totton and his posse have
made an active search for him. The Cor
oner's Jury, after hearing the testimony
of eye-witnesses of the shooting and Ben
jamin's death, brought in a verdict late
last evening that death came as the result
of a gunshot wound inflicted by an un
known individual, but that "all evidence
points to James Green as the guilty
Double Tragedy Jfarroxvly Averted.
The fact that only by the splitting of
the assassin's bullctwas a double tragedy
averted is regarded as another scrap of
evidence against Green. Mrs. Nellie
Brown, daughter of Ed Underwood, sat
next to Benjamin at the midnight sup
per in direct line with the shot. "When
It -was fired, the bullet entered Benjamin's
head over the left ear, and on emerging
from the heavy right cheek bone split in
two. One of the flying pieces was imbed
ded in Mrs. Brown's arm. By this It is
evident that she was also marked as an
object for assassination. Green has often
threatened her life, and has been in
sanely Jealous of any attentions paid her,
however innocent and friendly. "Within
three months he was engaged to be mar
ried to her. They quarreled. The en
gagement was broken off. Since that time
Green has repeatedly said:
"I have nothing to live for now. I will
Mil myself, but some one else will go
Benjamin had often been the object of
Green's threats. The dead man was
charged by Green with being responsible
for the loss of the affection of Mrs.
Brown, who is hardly more than a girl,
although divorced from a previous mar
riage. Green is said to have made the asser
tion that Benjamin, who was a married
man, and on friendly terms with the Un
derwood family and the daughter, Mrs.
Brown, broke off Green's engagement
with Mrs. Brown by "lying talk." In his
ire against Benjamin he included all the
Matter's friends, and all who paid any
friendly attentions to Mrs. Brown.
Xew Fact at the Incident.
?Two incidents brought out at the Coro
ner's inquest illustrate Green's jealous
pursuit of Benjamin and his former lover.
Abe Ames, -who was present at the "Wen
tlorf dance, testified as follows:
'"The night of the dance, going from
the house to the barn, I heard a man
tj warning away irom tne corner 01 mc
house, about 100 feet away, l couldn't see
-who it was, nor whether he had a gun.
Five minutes later I heard the shot."
"Did you suspect who it was?"
"I suspected Jim Green. Two months
ago he came to the logging camp and
marched Benjamin down the hill at the
point of a rifle, saying he was going to
finish him. I ran after them with Ed
Thornton. We followed until we came
up with them. Benjamin had talked
Green out of his murderous intentions on
the way dqwn the road. Going back, Ben
jamin said he felt lucky to be walking
unharmed with us; that people had been
telling Green things which were not true,
and that they had compromised and were
as good friends as ever. Benjamin was
cool. On the -way down, he said Green
had fallen and dropped his rifle. He had
given Green his hand and helped him
The second incident was at a dance at a
neighbor's, Koontz's. Green had been
drinking, according to the testimony, and
raised a disturbance. As to the early
part of the evening, William Underwood
"Green called me out and asked wheth
er I had anything against him. I told
him no, but that he was wrong In rolng
after Benjamin. He said I would have
done the same thing if I knew the facts.
He said Benjamin had talked about him,
and if he had, it was all off with the lat
ter. Later in the evening, when the log
Sing men had gone home Green broke
into the house as the last set was being
danced, and attempted to strike Mrs.
Brown with a heavy slung-shot."
Sirs. Brown's Story.
Mrs. Nellie Brown gave the following
details of the murder and the suspicions
ehe holds against Green:
"We were discussing the cake when the
report came, filling the room with smoke.
I was sitting next to Mr. Benjamin, saw
him reel and fall. I then ran into a cor
ner and called, 'Blow out the lights to
prevent him from shooting the rest of us.
I afterwards blew them out. The bullet
struck me in the shoulder. I suspect Jim
Green. He threatened to take the life of
Benjamin two months ago. He also
threatened my life, and last Thursday
said he would kill himself, only some
one else would go first. He has repeated
ly threatened my life."
Mrs. Brown said, in an interview:
"Since our engagement has been broken
Green has been madly jealous. We had
quarreled and agreed to part. He was
not satisfied with that, and wanted to
renew our engagement. That I would not
do. Since that time he has been Jealous
of any one that spoke to me. Mr. Ben
Jamiri was an old friend of ours, and was
present at the dance given by Mr. Wen
dorf to a party of neighbors. Green was
not Invited, and I suppose was Jealous."
Senrch "Was Dilatory.
Had the search for Green not been con
ducted in such a half-hearted manner he
would probablv be In nrlson. 7mmHit.
ly after the eye-witnesses had recovered
from their terror at the cold-blooded,
brutal murder, messengers were sent for
Constable William Woods and Justice of
thePeaceA. J. Haynes. When they arrived
there was a quibble as to their powers.
Justice Haynes at first started to hold the
Inquiry, then ceased, saying: "I can't
hold this Inquiry. I am a witness."
Constable Woods objected, but the Jus
tice maintained his decision. The body
was not touched until daylight, and no
warrant was issued for the suspected
murderer. Then messages were sent to
Sheriff Totton, Prosecuting Attorney
Moor and JusUce of the Peace Grinder, of
Green Leaves for Brash.
The morning of the murder. Green re
turned to the house of Ben Beals, where
he has been living for several weeks. He
.packed up Jxis blankets, took -a. .supply
of food and left for the brush. He was
seen yesterday after the murder and in
formed of it. He said:
"Well, I suppose now they will hold
this -up against me."
Late yesterday afternoon Sheriff Totton
and his posse arrived. In the evening
they went to the Beals ranch and sur
rounded the house. Green was not there.
Beals asked the men inside, then took a
lantern and went to the barn. He is re
ported to have said:
"For God's sake, boys, don't follow me.
It isn't safe. Stay there."
He went to his barn, and on his return
said: "If you fellows don't follow Green
tonight I am satisfied that he will give
himself up this morning." Green is sup
posed to have been in the barn or the
vicinity at that time. In the search to
day no trace of the fugitive was found.
Although refusing to act because he was
a witness. Justice Haynes' testimony was
unimportant, save In one particular, that
Green had called at his house the night
of the murder about 10 P. M. in a. drunken
condition. By the residents in the vicin
ity of Underwood's Landing an unsup
ported rumor is held that Green called
at the Haynes ranch half a mile from
Wendorfs after the murder and made
severe threats to Mrs. Haynes in case
her husband took action against him. By
this means the local machinery of the law
was completely blocked, and the suspect
managed to escape.
Sheriff Totton. Constable Woods and
Deputy Tyrell are conducting the search.
UXKXOWW MAX MURDERED.
Body Discovered Alongside Railroad
Track Near The Dalles.
THE DALLES, Or., March 25. The body
of an unknown man was found alongside
the O. R. & N. Railroad track, near Sum
mit, seven miles west of here yesterday
afternoon. The discovery was made by
a section hand. The body was lying face
downward and was partially covered with
a blanket. ' This gave rise to the be-
CONNECTED WITH HOOD RIVER TRAGEDY.
lief that the man had met his death by
sleeping on or too near the track.
Coroner Butts was notified and brought
the body to this place late last night. At
the Inquest held today the fact was dis
closed that a bullet which entered at the
right eye and lodged in the brain was the
cause of death. Fifteen dollars in coin,
a watch and pistol were found on the
body. The pistol was carefully wrapped
in a cloth and wedged tightly into a
pocket, which proves that It was not
a case of self-destruction. Death must
have been Instantaneous. The body Is
lying at the city morgue as yet unidenti
fied. The clothing Is that of a working
man, consisting of overalls, jumper and
high-laced logger's boots.
Held for Cattle-IClllInpr.
VALE, Or., March 25. Sam Winchester
and Harry HInton, of Westfall, were
brought here yesterday from Ontario,
where they were tried In the Justice Court
for killing a 3-year-old steer belonging
to the Pacific Livestock Company. They
are held in $200 bonds to await the action
of the Circuit Court. It seems that Man
ager Kllburn. of the livestock company,
was Informed that the animal had been
killed, and was directed to the spot where
the hide had been buried. When the hide
was dug up, it was found that the part
containing the brand had been cut out.
Winchester was arrested and taken to
Ontario .for trial. Harry HInton was one
of the witnesses, but the evidence Impli
cated him, and he was put under arrest
as a party to the crime.
SUED FOR CARELESS SHOOTING.
Man "Who "Was Taken for "Wildcat
SALEM, Or., March 23. Thomas Gra
ham, of this city, today began an ac
tion in the Polk County Circuit Court
against Webb Lewis, to recover $3214
damatres. Some time a fro Graham was
hunting in Polk County, and while up in
a tree was shot by Lewis, who asserts
that he took his victim for a wildcat.
Graham was perforated by 2S buckshot,
fell 30 feet to the ground, was uncon
scious for 24 hours, and has but recently
recovered. Attorney L. H. McMahan,
counsel for Graham, says It is the in
tention to make an example of one of
those who "didn't know It was loaded"
and "thought he was a deer." Lewis is
a well-to-do farmer.
It Is announced that the plans for the
new 145,000 buildings at Chcmawa Indian
School will soon be complete, and the
structures erected this Summer.
"Llmpy" Jim, a Salem Chinese, well
known for his peculiarities, died today
The building committee of the Salem
Young Men's Christian Association held
a business meeting tonight, and decided
to call for sealed bids for a vacant lot or
a lot with a building on It, in the busi
ness part of town. It is thought that
perhapB a suitable building may be of
fered, and that it will not be necessary
to erect one.
SAID ANGELS "WOULD PROVIDE.
Father Leaves Children They Are
Sent to Aid Societies.
ALBANY. March 25. Mildred Flower
and Al Ross, daughter and stepson of J.
W. Flower, of this place, aged 13 and 9
years, today were ordered sent to the
Boys' and Girls' Home at Portland by
County Judge Palmer, and were taken
there this r.f tcrnoon by .Sheriff McHargue.
Two other children of Mr. Flower were
sent to the Albany Orphans' Home. The
case is a oecullar one. The mother died
some time ago. Several weeks ago the
father, a carpenter, who had been at work
on an rk preparatory to the world being
drowned a steend time, went off to work,
leaving ihc children without any one to
care for thern. telling them that the an
gels would look . at f r them. They were
c-iretl for by neighbors until the authori
ties were r.otlned of tht situation.
GAS IN POLK COUNTY.
Large Body of Land Bonded and De
DALLAS, Or., March 25. A good flow of
natural gas has been struck by Seth
RIggs, of the Rlggs neighborhood, a
large body of land near Crowley, 10 miles
from here, and wholesale boring is prob
able. The Polk County Sunday School Asso
ciation will meet here Saturday.
Cold rains for the past few days have
retarded seeding, but are considered a
great benefit to fruit trees.
Goat shearing In Polk County has been
completed. Sheared animals suffer much
from the cold Tains which have prevailed
for the last few days, and it is expected
that a number of kids will b lort.
RAILROAD WINS ITS SUIT
JACKSON COUNTY ASSESSMENT
CUT BY SUPREME COURT.
New Valne "Will Be Placed on Prop
erty "Where Officials Act Arbi
trarily Other Decisions.
SALEM. Or., March 25. The Supreme
Court today modified the decision of the
Circuit Court for Jackson County in the
suit of the Oregon & California Railroad
Company and the Southern Pacific Com
pany against Jackson County. In the
suit on the whole the Southern Pacific
is victorious, but the decision of the Su
preme Court is not as favorable to the
company as was that of the Circuit Court.
The costs of the appeal, which will be
large, are taxed to the company.
The suit was brought by the plaintiffs
to enjoin the collection of certain taxes
attempted to be levied upon the roadbed
and lands of the Oregon & California
Railroad Company. It was charged that
the Assessor, G. A. Jackson, fraudulently
assessed the property at an arbitrary and
excessive rate, and that later, when he
had become County Clerk, he and County
Judge Crowell, as a majority of the Coun
ty Board of Equalization, fraudulently
sustained the assessment. The suit was
tried before Judge H. K. Hanna, and re
sulted in a decree reducing the assess
ment. The counts having appealed, the
Supreme Court, in a lengthy opinion by
Judge C. E. Wolverton, modifies the de
cree so as to raise the assessment some
what higher than was fixed by the Cir
cuit Court. The decision, coming Just at
the time when Assessors are beginning
Mrs. Nellie Brown.
their year's work, will be of great public
History of Case.
It appears that Jackson was elected As
sessor of Jackson County in 1S94, and in
June. 1SD6, was elected County Clerk. Af
ter his election as Clerk and before his
term of office began, he assessed the
property of the Southern Pacific then re
signed and took the office of County Clerk,
by virtue of which office he was a mem
ber of the County Board of Equalization
and sat In Judgment on his own work as
Assessor. He had assessed no other prop
erty than that of the Southern Pacific
Company, leaving all other property to his
successor. His assessment Was as follows:
371.044.12 acres Congressional land. ..$348,661
S7.794.56 acres indemnity land 172.24S
12.504.05 acres contract land 39.01D
G5.2S miles roadbed and franchise.... 652.S00
The roadbed and franchise were assessed
at $10,000 per mile. The Southern Pacific
Company asked the County Board of
Equalization to reduce the assessment to
J3GO0 per mile on roadbed, and to 35 cents
per acre on Congressional and indemnity
land, which request was denied. The board
struck out the word "franchise," how
ever. Before the taxes became delinquent
the company paid the amount assessed
against Its rolling stock, depots, depot
grounds, Improvements and. contract
lands, and also paid upon Its railroad
bed at the rate of J3300 per mile, and
upon Its Congressional and Indemnity
lands at 35 cents per acre. The county
having begun proceedings to collect the
remainder, suit was brought for an in
junction. A demurrer to the complaint
was overruled, an answer filed, the cause
tried, and a decree rendered assessing the
roadbed at $4500 per mile and the land at
50 cents per acre, from which the county
The principal questions in the Supreme
Court were whether a suit of this kind
can be brought, and, if so, whether the
complaint is sufficient. The contention of
the county was that the company could
not enjoin the collection of the tax by
a suit. The opinion says:
Unjust Assessments Not to Be Upheld
"It is a rule of equity jurisprudence that
a suit will not be entertained to enjoin
the collection of a tax upon the sole
ground that It is excessive or illegal. Sp
it Is that courts of equity will not use the
injunctive process to restrain revenue of
ficers In the collection of taxes simply be
cause the property of a citizen may have
been Irregularly or illegally assessed, un
less it be to protect his rights where he
is afforded no adequate remedy at law.
But there exists another rule, equally well
authenticated, that, where officers with
whom is lodged the duty of making and
equalizing assessments act fraudulently
or capriciously in the discharge of that
duty, with the purpose of casting a pub
lic burden unequally upon certain property-owners,
or class of such owners, con
trary to the spirit and purpose of the
law, equity will Interpose to prevent the
consummation of the fraud, and to that
end will enjoin the collection of a tax
based upon such fraudulent assessment,
to the extent, at least, that it may ap
pear unequal and unjust. ...
"It must be conceded that Assessors,
in fixing valuations and making assess
ments, and boards of equalization, sitting
in review of their work, act In a Judicial
capacity, or in the exercise of a judicial
function, and when the roll is made up It
stands In the nature of a Judgment: hence
their findings and judgments are not sub.
Ject to review or revision, except in the
manner pointed out by law, nor can they
be disturbed or annulled except when they
proceed arbitrarily and In willful disregard
of the law Intended for their guidance and
control, with the evident purpose of im
posing unequal burdens upon certain of
the taxpayers. . . . Measured by this
understanding of the law, the complaint
must be held sufficient. ...
Getting: at Values.
"We come now to the manner of as
sessing plaintiff's property. . . . Coun
sel differ widelv as it concerns the proper
method of determining the' value of the
real property of the plaintiff, namely, the
'roadbed,' as it is termed In the roll, the
depots and buildings appertaining thereto.
Including the lands upon which they are
situated, and the lands granted by Con
gress and In old of construction. . . .
The 'roadbed and franchise' were assessed
as the property of the Oregon & Cali
fornia Railroad Company, but the term
franchise was stricken out by the Board
of Equalization. There was, however, no
reduction In the valuation on that account.
Real estate, or land, is required to be as
sessed at its true cash value, 'which shall
be held and taken to mean the amount
such property would sell for at a volun
tary sale made In the ordinary course of
business. A railroad, considered In a
commercial sense, differs widely from
other property. Sales and transfers are
so infrequent and unusual, except for the
purpose of reorganization, that a current
value cannot be said to attach to it."
After citing numerous authorities, the
"In determining, therefore, the value of
a railroad, which may be said to have no
current value, several elements must be
taken into consideration, namely, the cost
of construction, the cost of replacement,
its connections with roads and advantages
In a commercial way for commanding the
commercial trade, its rental value, its net
earnings, and the market value of Its
stocks and bonds."
The opinion reviews the testimony
showing that In 1895 the county board re
duced the aesessment on roadbed and
rolling stock to 33,267, and that the esti
mates of a number of otner County As
sessors placed the value of the roadbed
and rolling stock at from $3500 to $6000 per
mile. Jackson, In an affidavit made for
the purpose of vacating the preliminary
Injunction, stated that he took into con
sideration the fact that the company had
borrowed $."0,000 per mile on its road and
had since made valuable Improvements
thereon; that the eame line In California
Is assessed at $17,500 per mile; that the
board did not consider earnings as a basis
of assessment, and that Manager Kochler
admitted that It woula cost $20,000 per
mile to rebuild the road. It was shown,
however, that the California valuation Is
an average of the whole line, much of
which lies In a thickly settled country,
where all property Is of great value, and
where the earnings are much greater. The
opinion then says:
Other Property Not on Same Footlngr.
"At any rate, the standard of compari
son of one road with another lying in a
different state, for the ascertainment of
values for assessment purposes, is unsafe
and unsatisfactory. It is in evidence
also that the mileage rate of assessment
of the roadbed of the railroads within
this state, in other counties, from 1S91 to
1S96, ranges from $2000 on branch lines
to $5500 on main lnet nno of the Oregon
& California system from $2000 to $4500
per mile. It may be safely affirmed that
real property, other than that belonging
to the railroad company, was assessed in
Jackson County in 1S9S at about 50 per
cent of its real cash value. . . . It is a
matter of which the court may almost
take judicial cognizance that the assess
ing officers have been valuing real prop
erty at a very large percentage below its
real cash value, and the practice In Jack
eon County Is by no means an exception
to the prevailing rule. If all real prop
erty was attested at the same ratio of
value, tlierr could be no Inequality. If
one class of real property, however, is as
sessed o a percentage valuation higher
than nnt).-(ier, it needs no argument to
demonstrate that it would be Inimical to
the constitutional requirements of uni
formity." The court says that it Is plain that Jack
son made his assessment with the intent
of setting a preconceived and arbitrary
value upon the roadbed and Congressional
and Indemnity lands of the company, and
that the assessment was capriciously
made in -he flnrt Instance. It Is also
eald that the cvldcrce tends to show that
the county board adhered to this overesti
mate by design.
Rate of One-Half of "Warth Fixed.
The opinlm r.:ates that a computation
upon the b-tsis of earnings shows the road
to be worth on an average $11,133 per mile,
which should be reduced 50 per cent, to
correspond with other property, making
the mileage value $55C6. This, however,
Includes rolling stock, depots,, etc, which
are estimated at $102S per mile, and should
be deducted. The bonded indebtedness
Is $29,040 per mile, which, at market
value, would be $21,780 per mile, but this Is
secured not only by the railroad, but also
by the land grant and guaranty of the
Southern Pacific Company. This value
reduced 50 per cent would be $10,890. The
evidence as to the value of the lands is
reviewed, .ind the opinion says:
"It is not the province of this court to
make assessments of property in the first
Instance, or to revise such as are made
and equalized by the lawfully constituted
boards; but. when It If. confronted with
the condition that an "assessment and
equalization have been arbitrarily and ca
priciously made, it must ascertain and de
termine, as nearly as practicable,, the ap
propriate value at which such property
should be assessed, so as to require that
Justice be done the parties Involved. The
estimate of the value of the roadbed
placed upon It by the court below at $4500
per mile appears to be fair and equitable,
considering the earning, capacity of the
road and the rate at which other property
in the county Is assessed. This estimate,
under the circumstances and conditions,
seems to be the best to which resort can
be had. And as it concerns the Con
gressional and indemnity lands, we are
inclined to adopt. In the main, the assess
ment made by Woolrldge and Hoffman (In
1S93 and 1K94), and the rate fixed by the
Board of Equalization, sitting prior to the
one whose action Is Involved, as the most
reliable and trustworthy. We conclude,
therefore, that those lands should be
valued at 75 cents per acre as a whole."
The decree is that, upon the company's
paying the taxes on these valuations, the
injunction be made perpetual.
L. X. Browning, respondent, vs. L. A.
Lewis and W. H. Hampton, appellants,
from Josephine County, H. K. Hanna,
Judge, affirmed. Opinion by Justice
In this case the olalntlff secured In tho
court below an injunction restraining the
defendants from interfering with his right
to use 180 inches of watei from Grave
Creek for mining purposes. The Injunc
tion Is made perpetual.
S. A. Miles, respondent, vs. North Pa-1
cltlc Lumber Company, appellant, from
Multnomah County, Alfred F. Sears,
Judge; affirmed. Opinion by Wolverton,
J. This suit was brought to recover
damages for the conversion of a quantity
of logs. The plaintiff prevailed In the
Circuit Court, and again In the Supreme
D. R. Hawkins, respondent and cross
appellant, vs. Citizens Real Estate &.
Investment Company ct al., defendants,
and George S. Clark, appellant and cross
respondent, and A. S. Nichols, C. L.
Nichols and W. A. Gordon, appellants,
from Multnomah County, John B. Cleland,
Judge; affirmed. Opinion by Chief Jus
This was a suit by a judgment creditor
of an Insolvent corporation to reach and
subject to the payment of his judgment
unpaid balances on the shares of stock of
the company, subscribed for by the de
fendants. The plaintiff prevailed In the
lower court, and no error being found, the
decree is affirmed.
J. T. Mayes, appellant, vs. R. L. Steph
ens, respondent, from Douglas County,
J. W. Hamilton. Judge; on petition for
rehearing. Opinion by Justice Moore; pe
MAKE IT A RED-LETTER DAY.
Superintendent Ackerman's Arbor
Day Sustention to Teachers.
SALEM, March 25. Superintendent of
Public Instruction Ackerman has Issued
a programme for Arbor day, which occurs
April 12. The programme Is a neat 16
page pamphlet, full of new verses and
essays appropriate to the occasion. On
the introductory page Superintendent
Ackerman has an address to the teach
ers, in which he makes the following
"This little manual Is designed o fur
nish suggestive material for the appro
priate observance of Arbor day, and also
to call your attention to the advisability,
and even the necessity, of awakening an
interest on the part of parents and pupils
In the importance of beautifying the sur
rounding of our schools and homes.
"As one goes from place to place, he Is
Impressed with the fact that many a
school and many a home could be made
more inviting by clearing the yard of rub
bish and debris, by repairing a fence, by
planting a shrub, vine or flower. In most
instances, these things can be done with
?ttBfiJMt8SSMtt3Kittfc8tlWMfafcHTitty'f:Tt '' -- .i.tt i.r. . iitw-T &- V.W.ti
I now jict i wf 'jfe
1 iWt I oiis mtt
About sixty? And yet probably you are
not a day over forty! At this time of life
gray hair adds twenty years to the looks.
What jts to be done ? Just use Ayer's Hair
Vigor, that's all. 'Twill bring back the
old, dark color to your gray hair every
time, all the dark, rich color your hair used
to have. It isn't a dye, something that sud
denly changes your hair; but it's a hair food,
something that gradually but surely brings
back the old color.
Ayer's Hair Vigor also' stops falling of
the hair, and keeps the scalp healthy.
" I have used Ayer's Hair Vigor for over thirty years and con testify to its
wonderful merit. It has kept the scalp free from dandruff and the hair soft and
glossy and has prevented it from turning gray." Mrs. F. A. Soule, Billings, Mont.
SEND FOR OUR.
25iaxi - tarJi.ni -
little outlay of time and money. The
question Is, 'Why are they not done?'
"The answer must He In the character
of the people themselves. They have for
gotten, or, perhaps, they have never real
ized how much benefit can be derived
from pleasant home surroundings. Here
is the teacher's opportunity. Many of
thcee people are only waiting for the
"We have all felt the uplifting Influence
of a school or home where there Is a
characterizing air of refinement and beau
ty. That such homes and schools are
within the reach of all, even the humblest !
and poorest, should be indelibly Impressed
upon" the minds and consciences of the
children under our care. They should be
taught how to love beautiful things, and
how to bring them Into their own lives.
"Let 'us make Arbor day a red-letter
day in oilr'school year, but let us not fix
upon this as the limit of our responsibil
ity, for we should not confine our efforts
simply in endeavoring to awaken an en
thusiasm for the best things of life dur
ing one day in the year, but rather let it
Increase from day to day until the results
will be manifest in the life and character
of those who may come under our super
vision. In what better way can we do
this than by getting our children Inter
ested In the growth of a shrub or flower,
or, perchance, simply In cleaning up the
yard a bit and by endeavoring to keep It
In a neat and tidy condition."
"Let us hope that In the future Arbor
day will prove more and more an Incen
tive to the study of nature and all that
pertains to right living." k
LIVER FLUKE AMONG SHEEP.
Dr. Wlthycombe Discusses Disease
and Tells How It May lie Avoided.
CORVALLIS, Or.. March 25. At the Ore
gon Agricultural College Experiment Sta
tion a thorough Investigation of the fatal
disease among sheep reported In Satur
day's Oregonlan from Salem Is In prog
ress. Considerable data relative to the
extent of the losses have been collected,
and the station staff Is busily engaged
In a scientific Investigation of the dis
ease. When asked relative to the mat
ter. Dr. Wlthycombe, vice-director of the
station, replied that from information at
hand the percentage of fatality reported
was overstated. He said:
"From information gathered by the ex
periment station, 5 per cent or less Is
indicated as the loss of sheep from the
dividual flocks have suffered serious losses
from this disease, and farmers owning
Infected animals should give the matter
careful consideration. The Oregon Exper
iment Station has undertaken an Investi
gation of dlstomatosls, commonly known
as the liver-fluke disease. The data re
lating to the metamorphosis of these dls
tomes Is somewhat Incomplete. Enough,
however. Is known to Indicate that to
avoid Infection sheep and goats should
not be permitted to graze upon swampy
land In July, August and September. In
fact. It Is not safe to pasture these am-
mals upon such land at any time. Under- J
draining win remove me aanger oi in
fection from fluke, as swampy places or
stagnant pools are the habitat of its In
termediate host. This season the work
of the station in the Investigation of the
diseases will be mainly an endeavor to as.
certain definitely the migratory period of
the dlstome. Scientists generally concur
In the opinion that the flukes leave the
gall ducts of the liver and are expelled
some time during tho Spring. Hence defi
nite Information is desired In recard to
this point, so that the period when sheep
are rid of this parasite may be determined.
All pasture' lands, even if they are
swampy, are not Infested with fluke;
therefore the owner of such land should
exercise care not to introduce Infected
stock upon them. When the tlrr.e sheep
are free from fluke Is determined, then
the period It Is safe to put sheep upon
non-Infected land may be ascertained. A
wet Spring and Autumn generally causes
a wider distribution of !the fluke, entail
ing greater losses of stock from the -disease.
Since It Is thought the fluke cannot
be expelled by medicines, the only hope
remaining to the owner of an infected
flock is to feed liberally, so as to keep
up the constitutional vigor of the victims,
thus enabling them to survive the migra
tory period of the parasite."
UNDUE INFLUENCE ALLEGED.
Salt to flreak Will of Well-Knoivn
OREGON CITY, Or., March 23. The
Probato Court has been engaged In hear
ing the evidence In the Hiram Fellows
will case. The will has already been
probated, the present action being a con
test on the part of two of the heirs to
reopen the case.
Hiram Fellows, an Oregon pioneer, died
In December, 1S93, leaving an estate
worth 56000. His will was made October
20, 1858. He bequeathed his entire estate
Ask your druggist first. If he cannot supply you, send
us one dollar and we will express a bottle to you. Ee sure
and give the name of vour nearest express office.
-v Address,' J. C. AYER CO., Lowell, Mass.
HANDSOM3 BOOK ON THE HAIR,
rw,c - ' - - ii' - ' - 'i' - '' - - - ts - :y - 3,'yi!r -
to Hiram and Daniel Fellows. In his
will he specified that Orlando, Julia Ann
and Joseph, three other children, should
receive Jl each, because they had al
ready been provided for. It appears that
upon the same day Hiram Fellows made
his will, he deeded to his son, Joseph, n
farm of 160 acres, but gave Orlando and
Julia Ann nothing of value. It Is for
this reason that they now ask to have
the will broken. They charge that their
father was unduly influenced, and that
he was not of sound mind when the will
was executed. For two days the court
has heard the evidence, and an adjourn
ment has been taken until April 2. Hi
ram Fellows was one of the best known
farmers In, Clackamas County and lived
Millions of Aphis Larvae.
OREGON CITY. March 25. "There are
millions of aphis larvae In the newly
plowed ground " said George Randall, of
New Era precinct, today, "and unless the
weather conditions are such as to destroy
the eggs, considerable damage will result.
The Fall-sown grain In most localities
looks exceedingly well. The hops are be
ginning to sprout, and many growers have
set out small patches of Hungarian hops
from sprouts sent out by the Agricultural
EXHIBIT FOR BUFFALO FAIR.
Clatsop County Mill Will Send
Spruce ItOg and Fir Lumber.
ASTORIA, Or.. March 23. Clatsop Coun
ty will have at least one creditable ex
hibit at the Pan-American exposition. It
is being prepared by the Necanlcum
Spruce Lumber Company, of Seaside, and
will consist of a 16-foot spruce log, 8&
feet In diameter, a number of carefully
prepared hemlock planks, a quantity of
selected spruce finishing lumber and an
assortment of the various kinds of boxes
manufactured by the company. The ex
hibit Is now ready for shipment and will
be under the personal supervision of For
estry Expert Johnson.
The strike of the laborers at the North
Pacific brewery is still on. Mr. Kopp, the
proprietor, has learned nothing new about
the cause of the trouble, and the men
seem to be equally uninformed. They
have no knowledge when the strike will
be called off.
Citizens of Seaside contemplate starting
a high school. With an institution where
the higher grades are taught, it Is thought
that many families owning cottages at the
beach would be Induced to remain there
the greater portion of the year.
Prominent Edncntors to Attend.
SPOKANE. March 25. Prominent edu
cators from three states will attend the
fourth annual convention of the Inland
Empire Teachers' Association at Moscow
MarcH"2S, 29 and 30. Over 2000 visitors are
expected. Among the speakers will be
City School Superintendent Saylor, of
Spokane; Professor J. H. Miller, principal
of the State Normal School at Cheney,
Wash.; President Frank Graves, of the
State University at Seattle; President Pen-I
rose, of Whitman College, Walla Walla;
President Beattle, of the Eastern Oregon
Normal School at Weston: President
Kncpper, of the Idaho State Normal
School at Lewlston; Miss Permeal French.
State Superintendent of Schools of Idaho;
City Superintendents of Schools Ransom
of Colfax, Beam of Pullman, and Nowlln
Met Death Under "Wheels of Train.
SEATTLE. March 25. Roy Thormburg.
a switchman In the employ of the Great
Northern Railway, met a frightful death
under the wheels of a freight train at
Interbay, a station near this city, this
afternoon. While attempting to make a
coupling, Thormburg lost his footing and
fell on the track, two cars passing entirely
over his body. Both arms were severed,
and hto lower limbs so badly mangled that
amputation would have been necessary
had he survived. Thormburg lived for
over three hours, and was conscious dur
ing the greater portion of the time.
Ex-Ofllccr Sncs County for Pay.
WALLA WALLA. Wash., March 25. W.
G. Sayles, will tomorrow begin suit
against Walla Walla County to collect the
sum of $2929, alleged to be due for salary
for service as County Surveyor for the
years 1S99 and 1000. The claim haa been
refused by the County Commissioners.
Rich Body of Lead.
OREGON CITY, March 25. There is con
siderable stli at Sandy over the discov
ery of a rich body of iead on Sheeny
Creek, on claims owned by the Melnlg
brothers. They went 1C00 feet below where
they had been prospecting a gold-bearing
ledge, and sunk a 100-foot tunnel to tap
the ledge at a lOYrfcr level. When the
H. - "' .-yw. .yr.,s vTZKiitt?-.iXi.
ledge was reached a large vein of lead
was In sight. Assays made in Portland
show $24 per ton In lead, besides gold
Quotation of Minlnp: StocUs.
SPOKANE. March 2.V The closing quota
tions for mlnlns stocks today were:
Bid. Ask. I Hid. Ask.
Amer. Boy .. 8 10 lltn. Hon ....20 U3
Blacktall .... bU 0 ilrn. Glory.. 4 44
Butte & Bos.. V,i lUUorrlon r (i
Crystal 3 rti,rln. Maud ... 14 1'Jk
Conjecture .. '21,? S1 , lamb. Car ...2SVa 2tJ
beer Trail ... 2K '1V, ?ejiubllc 2-'$ 30
Dewey 2:.-, 2 Reservation .. .' .5
Evenlns Star. ... (5 Utos. 'Slant .. -V: JtV
Sold Ledge .. 1 louMvan S7i 0
t. X. L Id 21 irom Thumb...l2 13
Iron Mnsk ...SO 10 I Waterloo .... 2 2&
. P. Surp... 7 7Vjl
Ulller Creek 2 f
SAN FRANCISCO.. iXarch,-2r..-TOmclal closlnc
quotations for mlnlnc stocks today':
Alta SO (X5Mexlcan ..'..... $0 32
Alpha Con t;o6chlen-.al Con ...' 5
Andes rijOphlr 4 7i
Belcher 8Overman 15
Best & Belcher... 22Potosl 13
Caledonia 7S i'avase 1
Challence Con ... H! Keg. Belcher 1
Chollar l.' Sierra Nevada ... S2
Confidence 70 silver Hill 42
Con. Cal. & Va... 1 So Standard 4 DO
Crown Point 10Union Con , 17
Could & Curry... l.Vl'tah Con 5
Hale & Norcross. 14, Yellow Jacket .... 17
BOSTON. March 25. Closing quotations:
Adventure ....$ 15 75' Humboldt $ 25 00
Bins. M. Co 25 .''Oxceota h7 t)0
Amal. Copper... 101 50iParrott 52 00
Atlantic :50Qu!ncy J 74 00
Boston & Mont. 357 0)'Santa Fe Cop... 8 00
Butte & Boston lot 50 Tamarack 338 (HI
Cal. & Hecla... S55 no, Utah Mining .... 31 25
Centennial .... 27 50iAV!nona rt 02
Franklin 22 501 Wolverines 51 50
NEW YORK. March 25. Mining stocks today
closed as follows:
Adams Con SO 23LIttle Chief SO 15
Alice 33IOntario 10 00
Breece 1 20'Ophir
Brunswick Con .. 23PhoenIx
Comstock Tunnel. 5Poiosl
Con. Cal. & Va... 1 00 Savage
Dcadwood Terra- 50Slerra Nevada ..
Horn sm-er 1 iv timail ttopes ....
Iron Silver 5S Standard 4 00
Leadvllle Con .... 5(
Funeral of Wesley B. EirinK.
DALLAS, Or.T March 25. The funeral of
Wesley B. Ewlng, who died at AVardner,
Idaho. March 20. occurred here yester
day. Mr. Ewlng came to Oregon when a
boy. and was well known In this section,
where he had resided for a number of
Payment on State Tax.
SALEM, March 25. Union County today
paid $4124 53 on Its state tax for 1S29, and
?55U 79 as Interest on Its delinquency for
the same year.
A hacking boy will
soon chop down a
cherry tree, and shack
ing cough will" soon
chop down a man. For
the latter there is notfa
ing better than
It has cured thousands
who were drifting
into consumotion. It
will cure you if taken in time. In most
cases nature needs assistance in throwing
off a cold, and DUFFY'S PURE MALT
WHISKEY furnishes just the aid required.
A trial will convince you.
Over 7,000 doctors prescribe It, and
2,000 hospitals use it exclusively.
It Is theonlyWhlskey taxed by the Government
33 a medicine This is a guarantee. All druggists
and grocers. Kef use substitutes, they are inj ali
ens. Send for free medical booklet.
nUFFY V t,t VTnSKEY CO.. Rochester, N. Y.
Nearly everybody seems to be taking Prof. Mnn
yon's 1 old uro whenever a cola appears. It
relieves the head, nose, throat and lungs t quietly
that a. cold need no longer be a forerunner of grippe,
diphtheria or pneumonia. A vial of the Cold Cure
is lile a life lasurame policy. Every one of his
remedies is a mre. Mostly 25c. vial. Guide to
Hralih f--r Mnnr n. Ww VorV and Philadelphia,
aUMO.YS 1NIULEU CUBEi CATaKBU,