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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 6, 1901)
THE, MORNING OREGONIAN, SATURDAY, APRIL 6, 1901. DEED'S CLAIM WAS DENIED X-FISH COMMISSIONER GETS NO PAY FOR MARCH. SEVill Probably Alc Conrts to Decide Whether New Law Legislates " 2. Hlur Out.of Office. v- - j. i 6AX.EM, Or., April 5. Ex-Fish Commis sioner F. C. Reed todjiy took the flrst formal step in determining his pfllclal standing by filing in the office of the Secretary of State a claim for his sal ary fdrjthfi quarter enj2ln 3Iarch;31. The , claim -vras for 5625. Seerfewr.f Stale Dunbar allowed the tilaim in the turn of &16 67, for the months of January and February, but disallowed the remainder, for the reason that the office of Fish Commissioner -was abolished by the last Legislature. The -fishery bill was" filed by pie Governor February 2S. and the Sec- , retary of State hpjds that Mr. Reed went out of ofljee immediately, In -all probabil ity Mr, Reed wHl -in b. few da6- begin -a mandamus proceeding to test the question tt his right to remain in office. , TVhile Mr. Reed has given but few hints of hls-iew n,I the nevs-fish law, It is sur mised that he wall contend .that the whole law is Inoperative because of Inconsisten cies; that If it shall be held valid. It still does not ..repeal the former law under which he holds office, and that if it does repeal part of Jhe old law. It cannot be construed as legislating him out of office unless there is some express provision to that effect Since all the matters Involved are pure y matters pf law and would involve no trial of -questions of fact, It would seem, that a suit to determine the validity of the new law caribe taken through the Circuit and Supreme, Courts with little delay or expense. S6We Misquoted 'Point In Lair. fThe neHv fishery lawlJas been the sub? e 3et& of "many corffhejlfs, and". Its terms have Often been misunderstood, It has .several times been stated that the law forbids fishing for salbipn -at .any time nnd in ,any manner except wjthhook and line.bjsls nothatEhc law -Bays.- The jEectlpn covering thisf .point is "section 4, xcftd read's as follows:. ,. ' "It hall 'be 'unlawful, to take or fish for salmoh at any time or by any means whatever, except -with hook and line-, com monly called angling, or to take or fish for salmon in any manner whatever dur ing the spawning season'on any spawning bed or shallow where salmon are won't to lie and deposit their spa,wn, in the 'Co lumbia River or any of Its tributaries east of its confluence with the Deschutes River." It will be observed that the limitation to fishing with Hook and line applies only east othe Deschutes, and that on spawn ., tn'grpVnds east of" the Deschutes, not ven hook-and-line 'fishing is permitted. Had the punctuation of this section been different, the prohibition might have been absolute. For 'example,' If the comma after "angling" "had been a" semicolon, it would" end the proylsion and shut off the limita tion to those rivers east of the Deschutes. An extreme and far-fetched construction of the sentence might hold that the first prohibition terminates with the word "angling," but in order to do this one must shut his eyes to all the other sec tions making similar provisions. Section 5 provides that it shall be unlawful to fish for salmon by any means whatever, ex cept with hook and line, commonly called angling, In the" Willamette River or its tributaries above the falls at Oregon City. And so with other sections. The evident Intent is to prohibit fishing, except by rod and line, In all the small streams which fish seldom frequent and where they go to spawn' "With this purpose in Tiew, the Intent; -of the Legislature could not be .misconstrued .so far as section 4 is concerned, though the effect of the punctuation be disregarded. Section 2 pf the fish law says: "It shall be unlawful to take or fish for salmon In any rivers or their tributaries in the State of Oregon, or any -waters over which the state has concurrent jurisdiction, ex cept as hereinafter provided." It has been asserted that, after this provision, any authority for fishing must be given in af firmative language, and, if, not so given, the prohibition is absolute. It is contend ed that since the Legislature made a sweeping? prohibition, "except as herein after provided," the subsequent provisions must be that "it shall be lawful" In cer tain cases, or that fishing "may" be car ried on under certain conditions. All the sections on this subject after section 2 provide that "It shall be unlawful" to fish in certain streams except at certain times. 2tis argued that these words of exception do not counteract the general prohibition,, and hence there is -an Inconsistency "which' will render the law Inoperative. FISHERMEX "WILIi ASSIST. To Prevent Illegal Fishing on Clackamas and Willamette. OREGON CITY, Or., April 5.--The fish ermen of the Clackamas River have made an agreement ivith "Water Bailiffs Mc Cown and Smith, by which illegal fish ing will be stopped. It Is as follows: "We, the undersigned fishermen of the Clackamas River, hereby pledge ourselves to do no fishing on the Clackamas River or any river over which the State of Oregon has jurisdiction, during the closed season. "We further pledgethat jwe will allow the water bailiffs the use of our boats at any time during the closed sea son, and also giveany- Information In regard to any illegal fishing of which we may know." Thlsagreement was .signed by the fol lowing fishermen: -Louis HImler, Fred IJunter, Pearl Beaman, E. Hunter, John Grlener, C. E. Smith, J. C. Pierce, F. Oldenberg, B. L. Jewell and 'George Hunter. All fishermen on the Clackamas River signed the agreement, and say they will do their best to uphold the law on both the Clackamas and "Willamette. Bailiffs Moody and Blakely are keeping a close -watch in Portland to prevent fish from coming Into the Portland market. STRIKE IS EXPECTED. Tunnel in Justice Mine Said to Be Near the Ledge. - VANCOUVER, Wash., April 5. Vancou. ver stockholders in the Justice mine are awaiting with Interest reports from the property, which is located In the famous San Poll mining district in Ferry County, Washington. Ex-Lieutenant-Governor Thurston Dan iels, of this city. Is -vice-president of! the Justice Mining Company. Late news just received by him from the president and manager at the mine is to the effect that the long tunnel on the property, be gun a year ago to open up the mine on a lower level, Is very near the ledge. The Justice mine carries a true fissure vein, both walls being of polished gran ite. Some time since a tunnel was run on thB property, cutting the ledge at a vertical depth of 60 feet At this point the ore assayed ?13 85 and the ledge was 32 feet 4 inches wide. A winze was put down on the vein at the end c-f the tun nel a distance of 11 feet, -when -water compelled temporary suspension of work. When development came to a close the bottom of the shaft was in ore, samples of which were sent to Denver for treat ment, Riving returns of SS0 BG per ton. The company at once began to run a tunnel to cur the ore body at a vertical depth of 225 feet. The granite formation made development slow. Considering the nature of the ore in the upper workings of the mine and the Tapld Improvement in values -with depth, the Vancouver stockholders naturally entertain bright hopes for a rich strike in the lower tun nel. Spokane,, Denver and Portland as sayers have pronounced the Justice ore exceedingly desirable for .either concentra tion or smelter treatment. The mine lies lnthe same general mineral district, with the rich mines of Republic, the Bound ary and Rossland, B. C. The present tunnel on the Justice Is to be the main working tunnel of thewmine. Three hundred feet of steel rails have been laid and steel ore car and Jackson power drill Installed. This tunnel win, until the lower levels are opened up, provide ample drainage. The company has expended over $4000 on the property and will soon apply for a patent from the Government. The mineral possibilities of the south half of the Colvllle reservation are pro nounced by expert mining men to be ex celled by no other district in the Pacific Northwest. The ores of this district are treated at the smelters at Trail, Grand Forks and other points In British Colum bia and at Northport, "Wash., -while cer tain quantities find their way to Taco ma and Everett. If Portland had a smelter there Is no reason why it could not secure a large share of the ore of this marvelously rich district. AIKEN MURDER TRIAL. Effort ainde to Impeach Testimony of State "Witnesses. HILLSBORO, Or., April 5. The State rested its ease in the Aiken murder trial this morning, and the defense Immedi ately introduced, testimony to impeach Witness Woodard. Woodard testified that after the murder Aiken came to hl3 saloon in Portland and told him that "Henry had killed a Chink." "Wan Jim, a Celestial who lived with the dead Chinaman, and Louie How, testified that Aiken knew he .had money, as Aiken was present 'when he had some money changed in the saloon. Louie HowJ who was badly beaten over the head and face when Gule Sule was shot, testified that Aiken was standing outside the cab in, and when -he tried to get out that the defendant clubbed him. He swore that he was positive Aiken was the man. These three witnesses are the ones upon whose evidence the State hopes to con vict The defense, for purposes of impeach ment, examined Attorneys Walter Wolf, M, J McMahon, Claude Strahan and Fitzgerald, as to Woodard's reputation In Portland. All swore that It was bad. During these examinations it transpired that Woodard had been charged with burglary in Multnomah County, and had pleaded guilty when the charge was re duced to pettlt larceny. Mrs. Woodard, who, with her husband, keeps the Tacoma House, testified that she would not believe her husband un der oath. She admitted having tried to dissuade her husband from testifying In the ase, and that she made a trip to see Aiken after he had been incarcerated In the Washington County Jail. The deposition of Bertha Craig, of, Portland, was read in court, sne testified that she was with Aiken on the nights of December S and 11, but that she was never out with him only on these two occasions. The defendant was placed on the stand 'and denied any knowledge of the crime. He testified that he -was with the Craig woman on two Monday evenings, the flrst of which was the night of the mur der. He denied having told Detective Joseph Day, at the time of his arrest, that he did not know where he was on the night of December 8. There will be rebuttal, to follow the defense, and the case will probably go to the Jury late this evening, or tomorrow forenoon. Sheriff Sewell will commence the col lection of taxes on the 1900 assessment next week. The roll will be turned over for collection Monday. , GOVERNMENT WANTS HATCHERY. Will Agree to Operate SHetz Plant to Fullest Capacity. ASTORIA, 'Or., April 5. Master Fish Warden H. G. Van Dusen has received a letter from E, N. Carter, connected with the United States Fish Commission, and stationed at Oregon City, making a request that the SUetz River hatchery, belonging to the state, be turned over to the Government upon a guarantee that it be operated to its fullest capacity in the propagation of chinooks and steel heads. Mr. Van Dusen has also received a letter from the Southern Oregon Com pany, of Empire City, requesting that a hatchery be established on the Coqullle River. GOLF AT VICTORIA. It, L. Mncleny, o Portland, Won Driving Competition. VICTORIA, B. C, April 5. In the golf tournament here today, the winners of the men's handicap match were decided, F. C. Gamble was first with a score of 103, less a handicap of 24; net score, 79. J. H. Gil'espie was second with 81, he having done the round in 9L He re ceived a handicap of 10. H. Coombe, who was handicapped, minus three, and H. Gillespie, whose handicap was 18, were third, with 83 each. The actual scores were SO and 101, respectively. The driving competition was won by R. L. Macleay, of Portland, whose drive was 197 yards, 2 feet. The best average driv ing was by G. W. White, of Tacoma. LAND OFFICE BUSINESS. 315 Homesteads Entered at La Grande in Last Three Months. LA GRANDE, Or., April 5. The La Grande Land Office, for the quarter ending March $1, received filings on 315 homesteads, covering 48,490 acres. Be sides this, there have been 29 final proofs, covering 4567 acres; 12 commuted home steads, covering 1919 acres; 15 timber and stone land proofs and 15 entries, six original desert land proofs, four final timber culture, one preemption, one min eral land proof, and 14 state selections. The total receipts of the office for the quarter were ?13,302 78. The La Grande District comprises all of Union, Wallo wa and Umatilla counties and parts of Baker, Grant and Morrow counties. Goldsboronghr's Trial Unn Today. SEATTLE, Wash., April 5. Lieutenant Commander George H. Peters, Lieutenant Commander A.-B. Willits, Lieutenant Cle land Offley, and Lieutenant R, C. Bulmer, the board of officers selected from the battle-ship Iowa for the trial trip of the torpedo-boat destroyer Goldsborough, ar rived in the city this morning from Bre merton. They will remain in Seattle un til the official trip of the -boat is made. Assistant Naval Constructor L. S. Adams, United States Navy, although not of the Iowa, is one of the board and will judge tne nun ana general construction work of the little destroyer. It was announced tonight that a trial trip will be made tomorrow, if the weather conditions are favorable. Fifteen Hundred Homeseekers. SPOKANE. April 5. Between 1400 and 1500 homeseekers arrived In Spokane to day over the Northern Pacific, Great Northern and Burlington. About 500 left the train here, and will visit the communi ties near this place. The others went on to the Coast. Most of the travelers were In search of farm lands. The passengers included many Germans and Swedes. Oregon Notes. Leland may build a Town Hall. A competitive exhibit of butter, cheese and poultry at Hlllsboro Is proposed. In the horse race at Eugene Wednesday between Ream's Idlewllde and Royse's Fitzslmmons the former won by a length. The race was for $1000. Considerable out side money -was staked on the race. Mrs. B. Kltterman and sister-in-law, Mrs. B. Skeeters, came near meeting with a watery fate while crossing Sucker Creek, says a Kerby correspondent. The tugs snapped and the horses would have left them In the buggy, had not Mrs. Skeeters bravely stepped out on the buggy tongue and secured the animals again. Work has commenced on the Grant's' Pass-Wllllams telephone line, and the line will soon be In operation. NEW LAW IS INOPERATIVE OREGON ACT FOR BOUNTY ON SEALS, SEALIONS, ETC. Attorney-General Holds It Was to Receive Funds From Office "Which Has Been Abolished. SALEM,, April 5. In answer to ques tions propounded to him by Secretary of State Dunbar, Attorney-General Black burn has rendered an opinion, in which he holds that the act of the last Legislature authorizing the payment of a $2 bounty on seals,, sea lions, shelldrakes, etc., Is practically Inoperative. The act in ques tion wag known as Senate bill 112, and provided for the creation of a fund from moneys paid in by the "Fish Commis sioner," which fund is to be paid out on bounty claims approved by the "Fish Commissioner," The opinion, in brief, is that since the Fish Commissioner's office has been abolished, there will be no mon eys turned over by him to create a fund, and no such official before whom the bounty claims can be made. It was sug gested by the questions propounded that the words "Master Fish Warden" might be substituted for "Fish Commissioner," but the Attorney-General holds that this cannot be done, and that the act is in operative for want of a means to Its enforcement, though it Is in itself void. The gist of the opinion Is contained in the following excerpt: "It Is certain almost if not altogether beyond a reasonable doubt that it was the legislative Intent that a sum, not exceed ing $5000, should be appropriated annually out of the moneys collected for licenses issued ,In connection with the fishing in dustries of the state, and from fines, etc., but it Is not certain that the act in ques tion was, so drawn that its provisions In this respect can be carried Into, effect, "If it be true and I think it is unques tionably so that under the law on this subject as It now appears upon the statute-books the Fish Commissioner ap pointed under the act of 18D8 cannot issue licenses and collect the fees therefor, and eannot receive and receipt for fines and penalties, then it is equally true that no moneys arising from these sources, or either of them, can be 'paid to the State Treasurer by the Fish Commissioner of the State of Oregon'; and -as the act of 1901 reads, these bounties can only be paid out of moneys so collected. Section 2 of the. act is also equally as clear and defi nite. The moneys appropriated 'shall be taken proportionately from moneys re ceived from each fishing district, immedi ately upon the passage and approval of this act, as such money is paid such Treasurer by the "Fish Commissioner." "Has any one now the authority to read into this statute the words 'Master Fish Warden where the words 'Fish Commis sioner were used by the Legislature? If any one should attempt to exorcise such authority, would it not be the assumption of legislative functions? "In section 332 of 'Sutherland on Statu tory Construction' it is said: 'When the language of a statute is clear and unam biguous, a meaning different from tnat which the words plainly Imply cannot be judicially sanctioned. Even when a court Is convinced, from considerations outside of the language of the statute, that the Legislature really meant and Intended something not expressed by the phrase ology of the act, it will not deem Itself authorized to depart from the plain mean ing of the language which is free from ambiguity,' "I am inclined to the opinion that no money could be set apart by the Treas urer and denominated 'the fishery bounty1 fund,' except out of the moneys received by the Flafy Commissioner after the pas sageand approval of said act and down to and including the 2Stlj 'day of February. 1901, and, therefore, that there can be In effect no 'fishing bounty fund,' "Senate bill No. 112 specially provides that the affidavits required of those who claim to have killed any common seal, sea lion, shelldtake, etc., which would entitle him to the bounty provided by said act for the purpose, shall be sworn to before the- Fish Commissioner or his deputy; that 'the party killing said ani mals or fowls and presenting said afil-, davit mentioned in section 3, shall be re quired to deliver all scalps and heads to the Fish Commissioner or his deputy tak ing the affidavit,' etc. "It is the general rule of law that the expression of oqe thing excludes the other, arid that 'the maxim Is applicable to a statutory provision which grants origin, ally a power or right. In such cases the power or right originates with the stat ute, and exists only to the extent plainly granted. This conclusion Is almost self evident; for since the statute creates and regulates, there Is no ground for claiming or proceeding except according to it. In other words, where a statute gives a new right and prescribes a particular remedy, such-remedy must be strictly pursued, and the party Is confined to that remedy. "Prior to the act of 1901 no one could have a claim against the State of Ore gon for the killing of any of the animalt, or fowls mentioned In said act. The right, if any now exists, was created by th statute; and the law which created such right 'also prescribed the remedy for Its enforcement the affidavit set out therein sworn, to before one of the officers named, and the delivery to the officer taking such affidavit, by the party swearing to the same, of the scalp or head of the animal or -fowl for the killing of which the claim was made. As this statute gave a new right and prescribed a particular remedy, no other remedy exists, and the remedy prescribed must be strictly pur sued. "As, in my opinion, the offices of Fish Commissioner and Deputy Fish Commis sioner have been abolished, and the words 'Master Fish Warden pr his 'deputy can not be by you-Inserted in the act In place and steaa or a isn uommlssioner and his deputy,' it Is my opinion that there Is no remedy for tho enforcement of any rights against the state which might be claimed to exist under and by virtue of said act for the killing of any of the ani mals or fowls mentioned therein." BANDMASTER ARRIVES. Organlrntlon of Twenty-eighth Reg iment Band "Will Begin at Once. VANCOUVER, Wash., April 5.-Cesare Torclelll, who has been appointed band master of the Twenty-eighth Infantry,' being organized at Vancouver Earrucks, arrived today from Manila. Mr. Torcl elll until quite recently was bandmaster of the Twenty-seventh Infantry, United States Volunteers, and received his ap pointment to the Twenty-eighth upon his discharge from that regiment. He ar rived at San Francisco a few days ago on the transport Thyra. He was accom panied by Charles Hasson, of this place, formerly a member of the regimental band of the First Washington Volunteers, who occupied Ihe position of quartermaster's clerk on the transport Thyra during her last round trip to the Philippines. Mr. Torclella will commence the organization of tho band for the new regiment at once. APPROPRIATION NOT NECESSARY. New Supreme Jndges Will Draw Pay From the Time They Toole Scats. OLTMPIA, April 5. It was presumed that both of the new Supreme Court Judges would lose the amount of their salaries for the time they served prior to the going into effect of the appropriation bill, on April 1. -Judge White had served, 11, and Judge Hadley five days. The Stale Auditor asked the Attorney-General for an opinion, and is Informed that the Judges are entitled to salaries for these periods under the constitution, which, un der his construction, does not make it necessary for any appropriation whatever to pay the Supreme Court Judges, as the constitution carries wljh its mandate the vigor of an appropriation. The Auditor will, therefore, draw warrants for them. The Supreme Court today postponed the date for the examination of applicants for admission to the bar from the usual time in May until June 5, U. E. Harmon, of Chehalls, and C. S. Relnhart and F. S. Owlngs, of Olympla, were appointed by the court to conduct the examination, BARBERS "WILL BE PROSECUTED,. Two Astoria Men Said to Be Plyingr Trade Without Licenses. ASTdRIA, Or., April 5. The flrst prose- cutions in Astoria under the state law requiring barbers to haVe certificates of registration were commenced this after noon, when Harry T. Rogers and A. Pe terson were arrested on complaints filed In the Justice Court. Rogers is charged with engaging in the barber business, without flrst having obtained a certificate of registration, and Peterson is charged with employing Rogers as a barber when the latter had no certificate. The com-" plaints were sworn to by C. W. Buck, who represents the State Barbers Commission In the matter. The "cases will be tried Monday. C- Fascinating Slimmer. SilKs ;; The New Metallic Taffetas. Panne Foulards. Novel Color Comblna- tlons. Subjects treated by Nina o Goodwin . IN THE SUNDAY OREGONIAN (Tomorrow). Ot0 NORTHWEST DEAD. Colonel Robert Wallace. NEW YORK, April 5. Colonel Robert Wallace Is dend in Jersey City, aged 80 years. He served as a Captain In the United States Army In the Mexican War, was Colonel of a Western regiment in the Union Army in the Civil War, and after the war lived for many years In the State of Washington. Dr. J. B. Walt, of Mcdford. MEDFORD. Or.. Anrll 5. Dr. J. B. Walt. a well-Ttnown physician, died at his home nere toaay, aged 59 years. iJeatn was due to pneumonia. Fnncrnl of Mrs. Mary Allphln. CORVALLIS, Or., April 5. The funer al of Mrs. Mary Allphln took place from the home of her daughter, Mrs. W. F. Gray, yesterday afternoon. Death oc curred Wednesday. Deceased was an Oregon pioneer of 1846. Her parents were the Andersons, of Missouri, who settled In the Waldo Hills In 1846. Mrs. All phln was born near Glasgow, Mo., In 1S33. -In May, 1851, she marled M. J. All phln. After a residence of several years in Portland, Salem and The Dalles, the family settled In Corvallls in 1871, where the deceased resided until her death. Six children Burvlve: Mrs. O. A. Chltwood, of Chltwood, Or.; Thomas Allphln, of Bozeman, Mont.; Mrs. W. A. McBridge, Eddyville, Or.; Joseph Allphln, of North port. Wash.; E. G. Allphln and Mrs. W. F. Gray, of Corvallls. Decision in Water-Right Suit. PENDLETON, Or., April 5. Judge Ellis has overruled the demurrers filed by de fendants in the water-right pase of W. S. Byers vs. G. W. RIgby et al. Byers brought suit against Rlgby and other farmers who take water from the river for irrigation purposes. Byers claims the right to 10,000 miners' inches of water for his flouring mills here, and sets up that the diversion of the water by the defendants prevents- him from obtaining as much water as is his by right of pri ority. Several demurrers were filed, all being overruled, excepting those of Charles Wilkins, the Indian agent, and Goodman, an Indian, who are thus made not parties to the action, Judge George H. Williams, of Portland, and Judge John J. Balleray, of Pendleton, argued the case for the plaintiff. Carter & Raley and Judge James A. Foe representing the defendants. Tho trial will occur at the Circuit Court In May. The defendants have until May 1 to file an amended com plaint. Litigation Over Post Lambert Settled NEW WHATCOM, Wash., April 5.-Set-tlement of the litigation affecting the Post Lambert mine, in the Mount Baker dis trict, was effected here today. This mine was sold last year to J. G. English & Son, for $750,000. They spent many thou sand dollars developing It, but refused to make a second payment upon learning that a suit for a half Interest In the prop erty was about to be filed by J. C. Treutle, who claimed to have grubstaked the dis coverers of the property. Today's settle ment recognizes Treutle's claim, and la effected upon a stock basis. The capital stock of the company is Increased from 5100,000 to $1,000,000. Manager of the Seaboard. RICHMOND, Va., April 5.-James M. Barr, vice-president of the Atchison, To peka & Santa Fe, has accepted the posi tion at first vice-president and general manager of the Seaboard Air Line system, and will probably take charge May 1. Hard Weather on Stock. DALLAS, April 6. Farming is suspend ed as a result of the cold rains which have prevailed for the past two days. Range stock are suffering to a considerable ex tent from the weather, but no loss Is an ticipated. Offer to Find Missing Girl. COLFAX, Wash., April 5. Henry M. McPhaul, City Marshal at Yuma, Ariz., wires the parents of the missing Laura Morgan that if the expense is guaranteed the girl will be found. Store and Postofllce Burned. ALBAiY, Or., April 5. Fire last night destroyed the building at Foster occu pied by the Postofllce and D, Erlcson's store. A few stamps were the only ar ticles saved. Loss, $6000; Insurance, $900. Received at the Penitentiary. SALEM, Or., April 5- Frank Howard, convicted of burglary committed in Jack son County, was received at the Peni tentiary today on a two-year sentence. A Monster Aerolite. LIMA, Peru, April 5. Advices from PImentel tell of the passage of a beauti ful aerolite over that place, March 31. In appearance It was as largo as a, full moon. It passed nothwpsterly over" tne town and dropped Into the Pacific Ocean. Nursing M hers mntet Jceep in the prime of health, Each moherowes this not only to heraclf.hut moro tothochildwhosepreKntandfutarestrength and development depend upon its -mother' condition during the noraing period A. pure, gentle and invigorating stimulant and tonic Js necessary to insure perfect health to the mother, and there is none so good as ' Purs It b a medicine, end used as such it aida digestion, t utimulate and onriches the blood, nourishes the brain, builds up the nerve tissue, and tones up tho entire system. All dninrbt ewl grocen. J j.oo boSl. B eer ran A Sheg-tiuKit; cifotiteii nd Imitation rt taJiniMw. Mtdktl Booklet tent ftoe to mnfsne trho nrftM BraroMAU wuuufr ceu HwaMtr..T. Ma t Whiskey FAVOR A CUT IN EXPENSES HOW SALES! CITIZENS WOULD AVOID OCCUPATION TAX. f . i Al Cohncilt'o Mnfce Redaction of 3700, $2500 Being: for Lights yievrs of Prominent Men. SALEM. Or., April 5. The mass meet ing of citizens -at the City Hall tonight was Just as unanimous in declaring against the occupation tax as was the meeting last Monday night in declaring In favor of it. The number attending the two meetings was about the same. W. M. Kaiser was elected chairman and Henry Myers secretary. The prevailing sentiments were voiced as follows: P. S. Knight If any tax other thau a property tax Is to be levied, It should be an Income tax applying to all alike and should especially reach those who hac an Income, but no occupation. The cor porate limits of the city should be ex tended so as to include all the people who get the benefits of city government. S. T. Northcutt No occupation tax should be levied, until voted by the peo ple at a special election. M.- W. Hunt It is Impossible to make an occupation tax equitable. Tllmon Ford Four per cent 13 as great a tax as people should.be asked to pay. An occupation tax on top of that would drive away immigrants and Intending In vestors. The old volunteer fire depart ment did better service than the pajd de partment, and .the expense of. the Jatter should be reduced. J. A. Jeffrey No tax should be levied that will discourage industry. John H. McNary The occupation tax is wrong in principle and Is unconstitu tional. A tax fastened on the people is never removed. Resolutions were adopted without a' dissenting vote, asking the City .Council to abolish street lights so as to save J2500 per year; require the Chief of Pd Hce to serve as chief of the fire depart ment, saving $600 per year; and reduce the compensation of hosemen, cutting expenses $600 per year. Capital City Brevities. The County Court today. called jfor bids for furnishing medical attendance and medicine for the Inmates of the poor farm and paupers. ' H. M. Buell, a paperhanger employed n Heed block, today fell from a scaffold, fractured his right wrist and severely sprained both ankles. "Work Is soon to begin, on the rebuild ing of tne Salem Flouring Mill, which burned in September, 199. Some time ago news was received here that Ross McCormack, a former Salem boy, had been arested on a charge of rob bery at Central Spur, Cal. It was learned today that he has been discharged. Militia Company F, of this city, has se cured grounds for target practice in Polk County, near Salem, and will begin prac tice as soon as the weather becomes fair. DATE OF M'KINLEY'S VISIT. Wires Governor Gecr That He Ex pect)) to Reach Salem May 22. SALEM, Or., April 5. In order to know what steps to take In order to arrange a suitable programme for the entertain ment ot the President at the Capital when he reaches this city In his Western trip. Governor Geer today wired Private Sec retary Cortelyou for Information as to the President's plans and extending an Invi tation to make the Salem stop long enough to enjoy a drive Into the sur rounding country. In response the following telegram was rece,Jved: "Executive Mansion, Washington, D C, Mini icsi lliilijwi I.' 9 and this is her experience: Troublesome, Ky., July 27, 1900. My famlh and I think your medicines are the best In ths world. My wife's menstrual periods have been very Irregular, both in time and color, since December IS98. They would return every fifteen or twenty days and last from three to eight days. She would suffer almost death. She also had heart palpitation and every kind of ache and pain. 1 tried doctors and they gave no relief. 1 saw Wine of Cardui recommended and 1 Trent to a drug store and got a half dozen bottles. By the time she had used one bottle she was without pain and now she is able to do her ( ( f , housework. She is going through the change of life new. Rev. M D.,TACyV ' For ndvlco and literature, address, rfxlng symptoms, "Tho Ladles' Advircry Department," Tho Chattanooga Slodlcino Company, Chattanoca, Tjoa. iH InH! . &jsmzwtV'mAwat T mm . t -. Why don't yon try GOLD DUST "Washing Ponder and decido for yourself? GOLD DDSf cleans everything from cellar to garret clothes, furniture, wood-work, dishes, silver, kettles, pillows everything. House work is hard work without GOLD DUST. Get the largo -package. It's more economical. Made by THE N. K. FAIRBANK COMPANY Boston. Philadelphia, Chicago. New York, Montreal,' St. Lovte. MakoTS of FAIRY SOAP. April 5. Hon. T. T. Geer,. Governor of Oregon, Salem. Or.: Your telegram re ceived. The President expects to reach Salem Wednesday, May 22. at 9 A. M.. and leave at 12 o'clock, noon, the same clay. A drive would be a very delightful feature of the programme. Please wire me provisional plans of your committee when decided. "GEORGE B. CORTELYOU. "Secretary." Governor Gecr has conferred wllh Mayor Biahop regarding the arrangements for entertaining the President, and the c'vT will do all that Is possible to make the reception of the President a success. The President will probably be asked to ad dress the citizens of Salem from the west portico of the Capitol, and greet as many of them as possible with a handshake, after which he will be taken for a drive to a place commanding a good view ot the city and surrounding country. It U also probable that the President will be prevailed upon to formally lay the cor nerstone of Salem's new federal building, the foundation of which will be com pleted about the time of his visit. I D. B. RohlUKon 111. i- CHICAGO. April 5. D. B. Robinson. ' formerly first vice-president of the Atch , Ispn, Topeka & Santa Fe Railroad, Is ' serlouslv 111 In this city with heart dis ease. He was taken ill about a year ago ' , and sent to St. Luke's Hospital, from which Institution he was discharged June ! 23 as practically recovered. Shortly after- j ward he had a relapse and was taken to j apartments on the North Side, where he and his wife have since lived. Gal&M ThTwncrtn aktn onnJuJiTi eft I I A! fVr"J'1 while Mr. Robinson was very ill. the fam i Hy still has hopes for his recovery. I ' a j Bradley Martin Must Pay Tnics. NEW YORK. April 5. The appellate , division of the Supreme Court has handed down a decision afilrmlng an order by Justice Andrews to compel Bradley Mar- lLLBMM!3Z?!rrr 3CTB'.lWr,.'ThL VHV ,'.'"JJJilAJ.Ji - ,:'Mlr.' Looks like coffee. Tastes like coffee. But there is not a grain of coffee in it. Consists entirely of California selected figs, prunes and grains scien tifically blended. Hot or cold,Figpmne if Fr2it XA7,l-ir.i7-4:.-.H1p,CTpStlt.'.ytpijii1-. . mumtimwfr Women. Should be Careful! Menstruation 15 the most sensitive funcMon of the female onjanwm. Any physical disorder affecb the menstrual flaw. In turn irregular menses, profuse, scanty or suppresnd, are (he causes of much pain and many death The !os of blood hy profuse flov' drains the body of its strength. The ucv .become pale and hazard and the chest hollow. Consumption is not far off. Suppressed and scanty menstruation result in failing of tJhe womb, ieucorrhoea, turrors and painful and dangerous blood diseases. Wivh such certain disasters attending irregularity 'of the menses every woman should carefully guard the periodical habit. The Rtv. M. D. Stacy, a minister of repute in his community, is authority fcr the statement that ii k H completely cured his wife of menstrual irregularities. Its cure of over 1,000,000 suffering women damps Wine of Cardui as the greatest emmenagogue ever made. If menstruation does not reappear every twenty-eight days go to your druggist and purchase a $1.00 bottle of Wine of Cardui. Mrs. Sbcy did that AY,I f pw A ft Mm KLi 'Hfcyi-j'-VCT'-H.'yja 83?& tin to pay taxes- m this lty. His per sonal property has bgen aassod In the .um of J20Q.CC0 for th year K8. Bradley Martin claimed to have ceased to have a residence In this city, and to have ac quired a residence In Scotland prior to January 1. 1S0J) The declaien la Iwsed upon the opinion of Justice Andraws. tn the court below. Justice Andrswa says that the relator had pnlii taxs on per sonal property here In prfIos yrs and without protest, except in 1806. It ap peared that he st!H retained his altlzen ship here, and that there had ban no change whatever In his habits of life since 1S0J. Proieet for the Future Bright. CHICAGO, April 5. New and more splendid eras of democracy were heralded by President Andrew Draper of th Uni versity of Illinois. In an address in the hall of the Chicago Historical Society last evening. Dr. Draper gave his subject as "The Outlook of the United States at the Opening of the 10th Century, and Again at the Opening of the 20th Century-" The fears of the antf-lmperiall""1? he discredited, and he axpressad faith In the ultimate dominance of democratic government more firmly and mere widely established than evtsr before. Ir. Dfaper traced the growth of the eemury, through, economic, educational and rellgloufl lines. He found each potent In Its way ami in ench he found the growth healthy awd the prospect for the future bright. Street sweepings, ashes, cinders, broken tiling, bricks, terra cotta and nil the In numerable waste materials of downtown Chicaco are carried over the Van Buren street dump at the rate of CC3 to .100 wagon-load a day. WUhin three years nearly -10 acres of park lands have bten made In the lake between the Dttnota Central tracks and between Randolph street and Park row. To accomplish it water from six to rtfteen feet dee has been displaced. M t - T : ". u jamMTgTTffPlffj ..r; u.wlT?1Tm' is never insipid holds IcerealI its flavor to the bottom of the cup. Free samples at your grocers. Ask for one. Boil from 5 to 10 minutes only. ALL GROCERS SELL Figprune Cereal. kSLKJ wbiilKiMkXiabhifif 3 OT92Tl'S . mmm Mgwiw' r'L-tf J3&H'firftM'ik gdlLSiMA; J3oJlP SfcA 3mj.mmmKmtr-mm.iifmi'AfiM ; S'VTTFT'aiB