.THE- MOTtNING OT?EGONTA.N,' TUESDAY,. APRIL. 16, 1901.
""
ITS VALIDITY IN DOUBT
BplEpTPRIMARY LAW PASSED BY
LATE OREGON LEGISLATURE.
Poor!?iot Given nil Equals-Chance
. With the Rich, and Free
- -Sjee.ch.'.RestEicted.
S
SA"LEM. April 15. That the Morgan pri
mary election law, enacted by the last
Legislature, Is unconstitutional, there is
little Toom to doubt. That Its provisions
are impracticable, its purpose beyond
the province of- government, and Its main
object-impossible of accomplishment by
dtSwenXoKiemect, Is also clearly manifest
That any attempt will -be made to operate
under its requirements Is scarcely to bo
thought of for a moment.
By this act of the Legislature It Is pro
vided that 'a primary election shall be
lield in the several election, precincts of
Ihls state on the first ifoniay In April,
1902, and biennially thereafter , at which
-there may be nomlnnted candidates for
such offices as are to be filled at the
general election next ensuing; that at
this primary election may be submitted-A-O
the vote of the members -of the varl
ous political parties, declarations of party
principles or policies, -and rules of party
government and organization; also, at this
time, he officers, managers and commit
tees of political parties and delegates to
conventions of political parties may be
elected.'
In "brief, it Is required that all party
,pandidates, delegates, committeemen and
managers shall be chosen and all plat
forms adopted, at an election In which
all parties participate. The law applies
to Multnomah County only, but' It Is
provided that it shall be In force In and
apply to any other County when 1t shall
be so resolved by the proper authorities
of each and every political party therein,
representing, respectively, their party
within and throughout such county.
One Objectionable Feature.
It Is nrovided that delegates to a county
convention shall be chosen in no other
way than at such election, and this seems
to present the great objectionable feature
of the law. Let it be assumed, for the
salce of Illustration, that In South Port
land Precinct, the Republicans are enti
tled to 10 delegates to the Republican
county convention. The Simon faction of
that party presents a slate of 10 candi
dates and the names of these are printed
on the official primary "ballots. The
Mitchell faction of the party presents a
slate of 10 delegates and this list also
goeson the ballot. A large number of
Republicans oppose these two slates by
putting np a -Ucket of their own and a
third list of 10 candidates goes on the
ticket The.-11 Democrats make up their
ticket, including candidates for the con
vention, in' the same manner, as also do
the People's "Party adherents and the
Prohibitionists.- iach faction of each
party rnaytfreserJts 'candidates for the
nominationfeeach dfflce: For example,
the Simon Republicans, the Mitchell Re
publicans, and the Independents will have
candidates for nominations for the Legis
lature. Every man who wants to be a
Republican candidate for the Legislature
can get his name on the official primary
ticket -by getting the signatures of Ave
per' cent of his party's vote at the last
election. There could, therefore, be 20
candidates for County Judge on the Re
publican ticket, and so as to each other
party. As Multnomah has five Senators,
there might be 100 candidates for the nom
ination. There never would be this num
ber, but. if past experience Is an indica
tion of what may be expected. It Is safe to
say that there would be a half dozen men
seeking the nomination for County Judge.
Sheriff. Clerk. Recorder. Assessor, eta
Since "ring rule" would be abolished, can- j
dldates for nominations would multiply,
et all the names of such candlaates
must so on the primary ballot, if five per
cent of the party asks it and blank spaces
must be left "In which names may be
written. A compilation of the number of
names that must go on the primary
ticket, will show that the official ballot
"will approach closely to the size of a
blanket, especially If the several parties
try to out-do each other In the matter of
platforms, for platforms go on the ticket
as well as names of candidates for office.
This presents, briefly, the impracticable
feature of -the act.
An to Its Illesrnlity.
But now as to its Illegality. It will be
temembered that the names of all candi
dates for delegates to all conventions go
on -the same ballot and the ballots are
used at the same election by all parties.
JPhere is nothing to prevent the Simon
Republicans -from -securing votes of Dem
ocrats and thus defeating candidates of
the Mitchell and Independent factions.
- TKereVls nothing to prevent the saloon
pigment in the Republican and Democratic
parties from electing a set of saloon loaf
Ers as delegates to the Prohibition con
vention. The law plainly and emphati
cally .makes it possible for a few saloon
people to vote a high license plank Into
& Prohibition platform. And after this
hae been done. It is. a crime, by the pro
visions of this law, for the Prohi
bitionists to promote, publish, report
or represent any declaration of party
policy, or principle, after the first primary
election held under this act, as being
adopted or established by that party,
when not adopted at such primary elec
tion. It is a crime for the Prohibitionists
to adopt their platform or elect their dele
gates lnpany other manner, and they
must afend 3y what "has "been done for
themln 'aprlmary-ln which they are a
great minority.
This act Is presumed to overcome ring
rule. To think, tor a moment that the
Supreme Court of Oregon wpuld uphold
euch a-provision, Is too absurd to receive
consideration.
But there is a provision of the primary
law which is flatly a violation 3t the
Oregon constitution. In Section 21 it is
provided that each petition shall be in
behalf ofbut a single name. t will there
fore take 10 petitions to get a slate of del
egates on the ticket. -If there be three
Republican slates, there will be 30 peti
tions. And since there will be at least
two parties represented, there will be some
50 petitions nominating candidates for del
egates to the county conventions.
But Section 29 says: "Upon the filing
of any petition hereunder with the County
Clerk, there shall be paid such Clerk a
lee of $10, to be by such Clerk paid over
to the County Treasurer for the general
fund of the- county. These-'SO candidates
would therefore be compelled to pay $500
for the privilege of running for a seat in
the county convention. A man could not
be a candidate for the nomination for
County Judge, Clerk, or Recorder, unless
he paid the 310 fee. And then he might
not get the nomination. Certainly this Is
.hard on the poor man.
Violation of Constitution.
But the constitution, Jn the first section
of ArticTe 2, under the head of "Suffrage
and Elections," says: "All elections -shall
le free and equal!" A reasonable con-
structlon of this 6hort but direct provis
ion is that no man shall be charged or
taxed either for the privilege of voting
or for running for office. It was the In
tent of the learned gentlemen who framed
this fundamental law of the state that
the poor shall- stand upon an equality
-sgith the rich; that each should have the
same power In the formation, change or
abolition of government; that the poorest
man within the borders of the state
should be free to aspire to the highest
office "in the gift -of the peoj.; that thts
poorest, as -well as the richest, should
have a 'voice In the management of every
branch of governmental affairs.
If this new primary law shall stand,
no man can go to the county convention,
or be a candidate for the county conven
tion wlthput paying the fee of $10 or
having -the fee paid for him by some po
litical boss. "If this new law shall stand,
elections will be neither free nor equal.
Section 8 of the constitution says: "No
law shalf-ce passed restricting the free
expression of opinion, or restricting the
right to speak, write or.jirint freely on
any subject whatever." Section 20"ays:
"No law shall be passed granting to
any citizen or class of citizens, privileges
or immunities which, upon the same
terms, shall not equally belong to all
citizens."
Section 26: "No law shill be passed
.restricting any .of the Inhabitants of the
state from assembling together In a peace
able manner to consult for their common
good; nor from Instructing their repre
sentatives; nor from applying to the Leg
islature for redress of grievances."
Section 23. "This enumeration of rights
and privileges shall not be construed to
Impair or deny others retained by the
people."
Since the people are secure in their
rights to assemble and to speak and
write upon any subject whatever, it Is
difficult to understand how the Legisla
ture can assume the authority to say
that a certain number of people shall
not assemble, call themselves the Repub
lican party of the State of -Oregon, adopt
a set of resolutions declaring their prin
ciples, and offer before the rest of the
people a set of candidates for office who
support those principles.
Legislature Tiot All-Povrcrful.
The Legislature was not given all power.
Certain rights were reserved to the peo
ple. Among those rights is that of form
ing political parties and declaring politi
cal beliefs. It was never intended that
Democrats and Republicans should be
given the power to adopt a platform for
Prohibitionists or Socialists which they
must not deny under penalty of the law.
All reforms have had their origin in the
breasts of a few people. The opinions
these few have been privileged to express
1 have gradually gained in strength by the
Increase In the number of supporters. In
a Republican form of government' a man
Is .. privileged to vote his opinions. It Is
not therefore in the province of the state
Legislature to enact a law which shall
put It in the power of the corrupt to
frame, under section of law, a platform
which does not represent the opinion of
a single adherent of the political party
whose name the platform bears.
But, to many, the Morgan law appears
unconstitutional in another respect. Sec
tion 21 of the constitution provides that
no law shall be passed, the taking effect
of which shall be made to depend upon
any authority except as provided in this
constitution.
Throughout 3S sections, the Morgan law
Is made to apply, apparently, to the whole
state. The last section says: "This act
shall be In force and shall apply to all
counties having a population of 50,000 or
more, and' shall be In force in and apply
to any other county when It shall be so
resolved by the proper authorities of each
and every political party therein, repre
senting, respectively their party within
and throughout said county.'.'
'"Party Managers Made Dictators.
It Is thus put into the power of party
managers to say when this .law shall
take effect as to 32 counties of the state.
If the Legislature can pa6S an act, the
taking effect of which In 32 counties
depends upon the authority of political
bosses, why may It not go one small
step farther and Include the other county?
If the Legislature can pass an act the
taking effect of which In 32 counties de
pends upon the authority of the party
managers, why may it not go farther and
say that the law shall take effect upon
the. authority of a lesser number of per
sons? If It is legal to place this power
In the hands of any number of persons
less than all the legal voters, why Is It
not legal to narrow the limitation down
still further and give the power to three
men or even one? Is It not class legisla
tion to permit a certain ring or clique
of men to say when a law shall take
effect and when It shall not?
The only shadow of foundation upon
which this law has to stand Is that It
is authorized by Section 8 of the consti
tution, -which says:
"The legislative assembly shall enact
laws to support the privilege of free suf
frage, prescribing the manner of regulat
ing and conducting election, and prohibit
ing under adequate penalties, all undue
Influence therein from power, bribery, tu
mult, and other improper conduct."
But this act does not support the priv
ilege of free suffrage, for It requires a
payment of a fee before a citizen can be
legally nominated for office. It denies to
the people the free expression oi opin
ion In party platforms, and denies them
the rhjht to unite In the selection of can
didates pledged to support their political
beliefs.
While It prescribes the manner of con
ducting primary elections, it does not reg
ulate the manner of conducting any elec
tion that -was In the minds of the Iram
ers of the constitution. It does not pro
hlblt undue Influence from power, bribery
and tumult, but opens the way for the
grossest kind of political fraud and trick
ery. In that It enables the members of
one party to nominate the candidates
and declare the principles of another.
HOMES FOR SEW COMERS.
Lake County Lands Selected by
Agents of Ten Families.
LAKEVTEW, April 14. Messrs. Wood
ward and Buhe have been looking over
Lake County for a location for ten fami
lies. They have finally decided to settle
near Paisley, and have selected a site for
a reservoir to supply water for the land
which they have selected.
Miller & Lux, the well-known California
cattlemen, have leased to J. W. Howard,
the Deschutes stockman, the Lane and
Shorn Tanches at Silver Lake and SIcan.
The leases will expire January 1, 1901.
It was the Intention of Miller & Lux to
restock these ranches this spring, but as
Mr. Howard offered to take the leases off
their hands at the original cost, a deal
was effected. This makes final the re
tirement of Miller & Lux from the Silver
JJake section of Lake County.
STREET FAIR AND FESTIVAL.
WiU Be Held at Hillsboro Next
Month Is to Be County Meet.
HILLSBORO, Or.. April 15. Prominent
dairymen and business men of Washing
ton County have decided to hold a county
street fair and festival In this city, May
18. It is proposed to have an exhibit of
dairy products, livestock of all kinds, and
a parade of "stallions and colts. No
premiums will be given, as this Is the
first attempt at anything of the kind here
In years. There will also be a eplendld
exhibit by poultrymen. The officers of
the new organization are: Eff. Schleffelln,
Centerville, president; Riley Cave, Hills
boro, secretary.
LEGISLATIVE CLERKS.
Late Oregon Session Cost $22,T00, an
Average of ?5 50 Per Employe.
SALEM, Or., April 15. Secretary of
State Dunbar has compiled a list of the
clerks employed by the last Legislature
and the amounts paid to each. The
House employed 52 clerks at a total cost of
$10,120, or an average of $4 86 per day each.
The Senate employed 41 clerks, at a total
cost 6t $6639 50, or an average of $4 05 per
day each. There were also employed 40
joint clerks, at a total cost of $5240 50, or
an average of ?3 28 per day each. The
total cost for all clerks was $22,000 for
ther session, or an average of $5 50 per day
for clerk hire.
No Site Chosen for Y. M. C. A.
SALEM, Or.. April 15. The building
committee of the Y. M. C. A. met this
evening, but did not decide upon a loca
tion for the new building. It seems that
several business .men. axe offering large
contributions to get the building near
their property, and this may enable the
committee to make a considerable ad
dition to the fund.
WelntB Got the Decision.
JSOT SPRINGS. Ark., April 15. The
fight tonight between Jimmy Scanlan and
Al TVeinis lasted several rounds, when
Weinig got the decision. Scanlan, with a
dislocated jaw, being unfit to continue.
KILLED BY AN ASSASSIN
MAN MURDERED ON MAIN STREET
OF, AN IDAHO TOWN.
Thongrh la Front of Snloon, No Eye
witness to the Shooting Can
Be Found.
WALLAQE, Idaho, April 15. George
Fisher was killed In 3em last night by
an unknown man. He "was on the main
street of the town alone wnen a shot was
fired. The ball hit Tinder the left eye
and passed clear through his head. No
eye witness to the shooting -can be found,
although the man was in front of one
saloon, and another was directly across
the street. Numbers of men were In each,
all of whom heard the shot, but none
went out to Investigate. Deputy Sheriff
FInlay was in his room Tvhen he heard
the "Shot. He ran down and was the first
man to find the body on the sidewalk.
Coming on the heels of the Mullan
tragedy Saturday night, the murder has
caused Hgreat excitement, and feeling
runs high, although there Is no -evidence
of connection between this and the labor
or martial law troubles. Fisher was a
member of the "Western Federation. He
had been In Gem between one and two
years, but never worked there.
ARRESTED ON SUSPICION.
Txro Men in Jvl for Attack on Idaho
Deputy Sheriff.
WALLACE, Idaho. April 15. Paddy
Rogers and Ben Smith were arrested at
Mullan last night on suspicion of be
ing in the party which attacked two
.deputy sheriffs. Both are in jail here.
HERTZKA CASE DISMISSED.
Charged 'With Practicing Medicine
Without License.
OREGON CITY, April 15. In the Cir
cuit Court today the indictment against
A. W. Hertzka, the Christian Science
healer, charged with practicing medicine
without a license, was dismissed, on mo
tion of the Prosecuting Attorney. " The
grounds given for the dismissal were that
Hertzka's trial at the November term had
been a heavy burden to the taxpayers,
and the jury failed to agree on a verdict.
The Indictment -charging John F. Al
bright with seduction under promise of
marriage, was also dismissed in deference
to request from the prosecutrix. The jury
was excused from further service until
Friday morning. r
Trouble Over Comic "Valentines.
Elyvllle. a suburban postoffice, within
the rnunlcipaj boundaries of Oregon City, I
is consiaenmiy aguatep over uie pos
sible Indictment of two" .of its citizens by
the United States grand Jury for sending
obscene matter through the United States
mails. Seven of the; residents have been
summoned to appear before the United
States grand jury In Portland Thursday
and give testimony In the matter. It is
said that P. D. Curran and young Mr.
Frederichs, tnot highly esteemed citi
zens, sent some comic valentines to their,
neighbors, intending the matter as a joke,
but it seems that the caricatures were
not received" in that spirit, and one of
the pictures' -was sent to the Postoffice
"Department."
Is
GREEN "AGAIN AT VANCOUVER.
Condemned Murderer More Cheerful
Than Before Trial. "
VANCOUVER. Wash' April 15.-ames J
Green ;the Skamania County murderer.
is-again Incarcerated In the Clark County
jail, this time to await the execution of
his sentence. "He was brought here Sat
urday" evening by -Sheriff Totten, pf Ska
mania County; Green appears to be in a
much more rational frame of mind than
preyious to his trial, Is less morose and
melancholy and talks more freely with
visitors. He appears to have entirely lost
his desire for a speedy execution of his
sentence since being removed from the
scene of his trial and has confidence that
his r attorneys will be successful in. their
efforts to secure a new trial.
POSTOFFICE ROBBED.
Burglar Took $300 WhUe Post
master Was at Dinner.
SALEM, Or., April 15. Chief of Police
Gibson received a telephone message from 1
Turner this afternoon, saying that the
postofllce at that place was robbed at
noon today, while the Postmaster was' at
dinner. The burglars securedi,4300 in cash
and stamps. At last reports there was
no clew to the guilty parlies. This bold
piece of work, taken In connection with
the robberies at McCoy and Lincoln last
ednesday and Thursday, leads to the
conclusion that this section of the Valley
is being worked by a gang of professional
crooks.
Requisition for 'Woterbury.
SALEM, Or., April 15. Governor Geer
today issued a requisition upon the Gov
ernor of Washington for the rendition
of Schuyler H. Waterbury, who is un
der arrest at Seattle, and is wanted In
Portland to answer to a charge of .steal-
j lng' some jewelry.
TEACHERS' INSTITUTE.
Three Days' Session at Astoria This
WceTc.
Following is the programme lor the
Clatsop County Teachers' Institute, to
be "held at Astoria, April 17, 18 and 19:
WEDNESDAY, APRIL 17.
Morning i
10:00. Call to order; enrollment of teachern.
10:30. Narrative of .school work. W. W.
"Pnvnp. McClure's: O. A. Thornton., Shlvely's:
A L. Clark, Adair's: J. C. McCue, Alber
brook; A. Cleveland, Olney; Joseph T. Yee,
Warrenton: T. C. Jory. Seaside; Mrs. "N. D.
Singleton. Hammond, and others.
Afternoon
130. Music. Singing by pupils ot eecondsnia
third grades Shlvely School.
Discussion Geography. Specimen work from
classes of Miss Fossett, Mrs. McCorniac, Mrs.
Krager and others.
"The Science of Geography," Prof. J. Burn
ham, of Portland.
Music vocal solo), V. W. Payne.
3:00. iJrawing Specimen work from classes
of Mrs. Busey, Miss Utzlnger, Miss Bajles
and others.
J THURSDAY.
Morning
10:00. Sublect Writing. Specimen -work
from classes of Miss Sayre, Miss Olsen. Miss
Fossett, Mrs. McCormac, Miss Garner and
Prof. McCue.
General discussion, led by State Superintend
ent Ackerman.
10:30. "Educational Journalism," Prof. C.
H. Jones, of Salem.
Afternoon .......
1:30. Music Singing by pupils of fourth
grade of McClure's School.
3:00.. Subject, "Manual Training," Prof, D.
P. Dyer.
3:15. Subject, "Reading." Specimen read
ings from classes of Miss Stockton, Miss Dsal
eyand Mrs. .Lemon.
Evening
Hon. C. W. Fulton, chairman of the evening.
8:00. Music (vocal duet). Miss Shlvely, O. A
Thornton.
Invocation, Rev. W. S. Short.
Address of welcome. Prof. W. W. Payne.
Address. "Progress of Education In Oregon,"
J. H. Ackerman, Superintendent ot Public In
'structlon. '
. Music vocal solo), Mrs. J. T. Ross.
Address, "Exploration and Settlement Near
Astoria," H. W. Scott, of Portland.
' FRIDAY.
Morning
Historical excursion. Steamer -will leave the
Telephone dock at 8 A M.
Evening
B:00. Music (vocal solo). Prof. J. C. McCue.
Invocation. Rev. B. F. Roland.
Essay, "Poets of the Northwest Pacific
CoastJ' Mrs. Carrie Shaw Rice. Tacoma.
Music (vocal solo). Miss Kathryn Shlvely.
Address, "The Use of Supplemental Litera
ture," President P. L. Campbell, Monmouth.
A SECOND ENOCH AltDEN.
Man Reported Dead Returns to Find
"Wife "Wedded to Another.
NEW WHATCOM. Wash., April LS.
The City of Blaine, in this county, fur
nishes the latest, parallel to Enoch Ar
den's" sad history. Whn the Klondike
fevr broK'wit In 1597, It claimed Syd-
ney C. Hoover, who was then living In
Blaine, with his wife and two children,
as Its first victim. That year he went
North and until Friday his family heard
nothing from him, but read In newspapers
accounts of his death. Investigations
made by his -wife's brother tended to con
firm tqe stories.
After waiting ris return for threcc
years, the latest one of which his wife
mourned him a& dead, she married "W. H.
Shaffner, of this city, July 18, 1900.
Hoover returned to Blaine from the
Klondike last Friday, and went to his
old home, which he fqund deserted. Neigh
bors Informed him what had occurred and
that Ms wife was living: with hes second
husband in this city. Hither he came
and found her. Her second husband she
prefers to her first, and refuses to live
with the latter. She will therefore -within a
few days commence divorce proceedings
against rer first husband, and after the
divorce Is granted remarry .her second one.
FAKERS HAD IT CIRCULATED.
V
Report of Settlement of
Claim
of
177C Fame.
HILLSBORO, Or., April 15. Early In
March there appeared In several Lastern
papers the following dlsp-
"Washington. March 2, The DeHaven
claim has at last been adjusted. This
claim is based on a loan of $50,000 made
by Jacob DeHaven, of Susquehanna. Pa.,
to George Washington, at Valley Forge,
in 1777. Just prior to the Civil War it
was all but settled up, but the outbreak
of hostilities in ISO. prevented payment.
One of the claimants is Mrs. G. W. .
Mooney, of Huntington, Ind., whose share
isexpected to be about 520,000."
'It appears that this notice fell into the
hands of E. A. DeHaven. of Orient, Mult
riomah County, who is an heir of Jacob
"DeHaven, and he at once wrote Con
'gressman Tongue to have nlm ascertain
'the truth of the article. Mr. Tongue
wrote the Treasury Department at'Wash
lngton, and has -received the following
response from H. A. Taylor, Assistant
Secretary:
"You request to be Informed, In the
interest of one of the "heirs of DeHaven,
whether the 'above is true. In reply I
have-" to state that It is not. For several
years a number of unscrupulous claim
agents have been bleeding credulous per
sons who claim to be heirs of one Jacob
DeHaven, and a great number of letters
from them have been received by this of
fice. If possible, please forward a copy
of the paper that published this false
hood, and an effort will be made to find
its author. It Is supposed that all the
alleged heirs of DeHaven In the East
are already aware that they have been
duped, and the perpetrators of the fraud
are now trying to operate In the West."
NORTHWEST DEAD.
Mrs. Hnttie Bond, Oregon Pioneer.
EUGENE, Or April 15. Mrs. Hattle
Bond, wife of J. W. Bond, died yester
day at her home four miles -west of Irv
ing, aged 6 years. Deceased was a well
known pioneer. She came to Lane
County In an early day with her husband,
and settled on the homestead where she
had since resided. She was the mother
of a large family, who are all grown
and well known in that section. The
funeral will occur tomorrow, services be
ing held at the residence.
Miss S. Lanora Craven, of Dallas.
DALLAS, Or., April lS.--Mlss S. Lanora
Craven, daughter of R. C. Craven, presi
dent of the Dallas City Bank, died here
Saturday. Death was due to' typhoid
fever. Miss Craven was born in Mis
souri, October 5. 1870, and came to Or
egon with her parents In 1889. She had
mnilo Vipr VinmA In T)a1j? with hpr
arents almost continuously since.' "The.
funeral took place today -from the M.
Church, South.
Isaac Bnrson, of Dallas.
DALLAS, Or., April 15. Jdaac Burson
died here ,yesterday of membranous
croup, aged 52 years. He was around
town all day, but complained of a sore
throat. He took suddenly worse In the.
evening, and died In a few minutes. With
his parents Mr. Burson came -to Oregon
across the plalne In the early 60s. In
1ST6 he married Miss Clara B. Scott, who
survives him. .The .funeral will occur
tomorrow.
Mrs. L. Senders, of Albany.
ALBANY, Or., April 15. Mrs. L. Send
ers, a prominent Hebrew lady, of this I
city, died today of erysipelas, aged 62
years. She was born in Bavaria, pomlng
to Linn County about 1864. She was a sis
ter of Sam May, of Portland. -She left,
two sons Morris and Albert, of this city
and two daughters Mrs. Phil Lewis and
Mrs. Henry Xlelnberg, of Ellensburg,
Wash.
Quotations of Mining: Stocks.
SPOKANE, April 15. The closing quotations
lor mlnlns stocks today were:
Bid. Ask. I Bid. Ask.
Amer. Uor .. BW 8k1Mtn. Lion ...2 20
Blacktall .... 8
Butte & Bos.. 1
Crystal
Conjecture .. 3
Deer Trail .. 1
Dowey 24
5J6
IKilMorrison 8i5
5 iPrln. Maud .. 1
3y.QullD 25
4
.1
zu
2V4 Rnmb. Car.. ..24 24
a utenuDiic . ....i:u x
Evening Star.
41 Reservation .. 3;
4
Gold Ledge.. 1 l'jfc.Ross. Glaat.,. 3
I. x. L .15 21 iSuUivan S
4
0
12
2V.
iron Mask ...SO
40 ITom Thumb
..10
Lone P. Surp 0
JkllUer Creek. 1
7HiWaterloo 2
mi
SAN FRANCISCO. April 15. Offlclal closing
quotations for mining stocks:
Alta ? 04Mexlcan ?0 3
Alpha Con ....... Occidental Con ... J,
Andes GJOphlr 80
Belcher 23'v!!man in
Best & Belcher... 21fl?otosl ao
Mmin flfSavace ............
Challenge Con ... 10Seg. Belcher ..... o
Chollar 13 Sierra Nevada ... 34
n.-n.u 7!!tS1lVr Mill 0
Can. Cal. &Va... 2 45 Standard
Crown Point .... 13 Union Con
GoulflN& Curry... 21 Utah Con .
Hnl & Norcross. 291Yellow Jacliet .... IT
Justice gl
NEXT TOBK. April 15. Mining stocks today
closed as follows:
Adams Con $0 23Ltttle Chief $0 14
Alice S5iOntario o 5
Breece 1 SOIOphir 72
Brunswick Con .. 1 DOlPlymouth
Comstock Tunnel. 0Fotosi
Con. Cal. ft Va... 2 25 Savage ...... .
Deadwood Terra.. 50 glerra Nevada
Horn Silver- 1 101 Small Hopes .
Iron Silver'.-.... OOlStandard
8
30
4 15
Leadville Con ... 5
BOSTON, April 15. Closing quotations:
Adventure ...$ 15 SOjOsceola $ 86 00
i rMr I'M KfllParrott 60 To
AHntl. 33 00 QuincT ....... 185 00
Boston & Mont. 424 OOlTamarack ,..... 345 00
Butte & Boston 113 OO'.Sarrta Fe 0 23
Cal. & Hecuu.. S30 00. Utah Mining ... 35 50
n..i...i.i " ftfllWlnona ......... 4 3
Franklin ..'.7.V. IS M Wolverines 32 50
Humboldt . M wi
Sentenced to Be Hangccd.
SEATTLE, "Wash., April 15. W. A.
Seaton, was today sentenced Tjy Judge
Griffin to be hanged Tor tne muroer oi
Dan Richards, the condemned man's un
cle. No date was set. Seaton. In a fit
of temper, killed his uncle TVlth an ax
while the latter slept. ,
MUNYQN'S INHALER
CURES
CATARRH
Colds, Coughs,
Influenza, Bron
chitis, Asthma
and all Diseases
of the Throat
and Lungs.
-t a. t Mrtlrxtrd Vanor are inhaled throucb
the mouth and emitted from the nostrils, clean
ing and vapor itlng 'all the inflamed and diseased
parts which cannot be reached by medicine taken
into the Ftomach. rt ,
It reaches Ihesore spots-heals the raw places
goes to thtieaiof dxstase- acts asabalmritd
tonic to the irJ.ofc sulem-9r.C0 atclrugpists or
Ivmtil- Munion, twYorkmd.?hteo:clphia
HtiP
FISHING SEASON OPENED
NEVER SO MUCH GEAR IN COLUM
BIA ON FIRST DAY.
Catches Indicate There Are Few
Fish In the River Six Cents
Per Pound is Price.
ASTORIA. Or.. April 15. The fishing
smsoti -onehed. at 6 o'clock this morning.
and there was more gear placed In the
water than-ever before bn the. first day
of the season. The deliveries of fish to
tne canneries ana wm muiai,c;,," -- - - , i . ", ,
during the day were light, which wouia
asr&sj?j?zjr&
there.
The cannerymen and cold storage men
have evidently reached an agreement as
to the price to be paid for the raw llsn.
The cannerymen are paying 6 cents per
pound, the price fixed by the Fisher-
men's Union. The cold storage men are
paying 6 cents par pound for all fish
weighing 2d pounds or under, ana cents
,. nii !.. h,a -nroifht These Drlcea ,
may be changed at any time.
Cnched Salmon Seized.
wntor -RiUlrt Wlckman and Deputy
Water Bailiff icKraan ana P"1
Fish Commissioner McReavy made a cr.p
to Westport yesterday and seized o0o
pounds of ealrnon which a fisherman had
cached to await the opening of the ea
unaer instructions irum me -"""
cicVi Wnriicn thft fish were sola to a
local dealer there, for 3 cents per pound
Te fish were In poor condition, which
was the cause o the small price
Moved to Dismiss Indictments.
The four men arrested by Water Bailiff
Wlckman on Saturday for fishing during
the closed season, were arraigned in. the
Juetlce Court today. After the com-
plainst had "been filed, a motion to dls-
miss them was made by the Prosecuting
Attorney Judgf Brower took the mat-
fer 3; advisement? and pending his do-
. i L rl r",i.(J(i on their
clslon the men were released on tneir
own recognizance.
ANOTHER OPINION
On
License Sections of New Law
for Regmlation of Fishing-.
lomrt-DT r ah is At thn TmKst
of Master Fish Warden Van Dusen. Pros-
ecuting Attorney Allen, of the 'Utn ju-
dlclal District, has delivered an opinion jl '"u" """- "''"'7"" ;
Z , 1 nf h& flahinir Kw relating course, I do not mean to say that any
on the om"l , person has the right to operate such ap
to licenses. The opinion diners some ( i ,!, th.nMc.
what from the position taken by Attorney-
-vienerai iiiacKouru, anu - as wi"""-
. -.. -. J J a11awo
"""' """"-'""I "" . . .. . ,., ,
'I think, without douot. u is tne -ic
Intent of the law that it is unnecessary
.. V.n-rv,illAT- WA 4I Wnrl-Mnir IOr a
lur tt uunipu"!.! ,,-v w .. w- 1. --
duly licensed fisherman, to take out any
Individual or gear license, for the reason
that the act requires the taking out by
the fisherman of an individual license, and
also the gear license, ana no jneutiuu ia
made that any license is required to be
taken out by the boatpuller..
"A boatpuller is the man who handles
the oars in the fishing-boat, and is a paid
servant of the fisherman who operates the
gear, and it requires but me man. to-wit.
the fisherman, to operate the net itself,
the boatpuHer's business being, strictly
speaking, to hold the boat In position for
the proper laying out of tne net. I think
It la sufficient compliance with the law
for the fisherman himself, as contra-dls-tlngulshed
from the boatpuller, to take
out his Individual license, and the license
on his gear.
"The second qnestlonJs one with refer
ence to which there seems to be a great
diversity ot opinion. Section 32 of the
act provides, after setting out that a per
son wha desires to obtain a license to
"hsh, shall take out an individual license,
in the manner therein prescribed, that
"any licensed fisherman desiring to engage
In the business of operating a fishtrap,
nrmnrtnAf -sptTipt. eillnet. fishwheel or
seine, or other -appliance not prohibited j
by law, for the purpose of catching nsn,
shall make application In writing to the
said Fish Warden, specifying with con
venient certainty the character of appli
ance that the applicant desires to obtain
license for, together with the number of
his Individual license, as provided in this
act, and upon payment of the license fee
as hereinafter provided, said Flnh Warden
Shall issue to iaid person a license to op
erate the character of appliance desired in
eaid - application, provided that such ill
cense shall be good only in the district
for which same is l&sued."
"Section 37, In part, is as follows: 'Any
person owning or operating or using any
seine, gillnet or setnet for the pur
pose of taking salmon shall cause to be
branded on the corks on each end of the
said net or seine and upon the cork near
est the center thereof, the number desig
nated by the Fish Warden at the time of
Issuing the license for the operation Of
said net or seine; said number shall con
sist of figures not less than one-half Inch
In length.'
"Section 52 Is as follows: 'The term per
son or persons nsed In this act shall
1
f ' the Best Tobacco
Ll JSw it is the lS Wt
IfanK-K ZTrnr" V w (6
fM LANG (El CO, j
" DISTRIBUTERS
mmmmmmmmmmmimmmmtmmmmixmmKammmmu n mim i i mwjm'hjiih i mi jiiiwi iww f
be deemed to Include partnerships and
corporations.
"Perhaps if section 32 stood alone as
the only portion of the act necessary to
consider in answering question number
two. It might be said that no license on
any gear, including a gillnet. should be
issued to any other person than a li
censed fisherman. If It were not for the
language used in that section that the
license issued for the gear must be based
upon an application "specifying with con
venient certainty the character of the ap
pliance (not the particular net Or piece
of gear) that the applicant desires to ob
tain license for'; and the section subat
quently provides that the Fish Warden
shall Issue a license to operate 'the char
acter of appliance desired In said appli
cation.' ' '
"The act nowhere says that every per
son who owns gear, and that Includes the
term individual, partnership and corpora-
uon, snan ue rBiuu iu w uul.""
sssBsissasss Efts
companied by the 'affidavit of said appll-
canttnat he fe a citizen of the United
gtates m has aeclared his Intention to
b ucn and that he Is and has
bcGn fQr tne glx ns next preceding
,. nnl,ntton bona fide resident of
th gtat Qf Oregon etc
"This clearly applies to the Individual
flsnerman, but the act .does not prohiDir
.u nL-4nn- r nnninno Mrpsies in anv
number, by the owner-of gear. I take It
that If any person, firm or corporation
owns more than one appliance, for In-
,nce aozen clllnets such owner may
stance, a doze p ndc as manJ
appU to the Fteh jvaruen
i. J ,ssue such owner the
rflance 1Icenies upon payment of
tne ucenge fee and compliance with the
other provisions with
reference to the
, ls"such wer not the law. this act at-
1 1 ts to do IJhfr one of two things-
issuance of the same.
either to prohibit a person from owning
more than one appliance arid to prohibit
any one but a fisherman who has an In-
dividual license from owning or opera t-
Ing more than one gillnet. or to require
every person who owns more than one
glHnet to license same in the names of
different Individual fishermen, who have
individual licenses. Thus may arise con- ,
troversles over the ownership of personal J
r,:trntir.r. rr t
act seems, to my mind, as unwarranted)
by Its terms '
"The license required to be taken out !
upon the appliances used are licenses in
rem and apply only to the particular
rharnr-ter of annllance: and I see no nro- '
JiUpClbjr, ttUU OLl l.WW. t...f.. w.. ... ;
' iih!Mnn in this?, act asralnst one nerson.
firm or corporation taking out as many
f appliance u '" v a ' nr
, !'"-,""" ' fr th oneration of the
I J ... ww -w- -
t came.
j .- . of th opInlon that should a
, take out for instance, a gillnet
..A XT . lAnA .irmllA.. in Vi
j license, mui iiLcmc t.', w un
i character of appliance to be used, and
j that a man might substitute one net? for
another, if he has the required appliance
license, and that his license gives him
me ngm. iu nan i, h"""- " -"w
cnaracter aescnueu u. ih iyyiivinvii .
rnWncense.-irsuch is n7t te la
then a man who owned a gillnet ana
had-taken out his license thereon, and,
Who owned a gillnet ana
some man had stolen- the net from him,
HXEmcs&SWJtMiJb
Literary Sensation
A MACA
.ZINE
OUT
I The
SJ pE3isssssBlisssniSB
1 '
"t THE
M '
. THE MAY
Is as rich in. clever contributions as any of its predecessors.
JUUEN GORDON (Mrs. Van Rensselaer Croirer) contributes the leading noveleu
"THE WAGE OF CHARACTER," a brilliant study of social Me in New York and
Washington. No woman of th day is writing in a stronger oi-more intensely inter
esting vein than this talented leader of New York .society
MRS. M. E. W. SHEKWOOD contributes "ENGLAND'S PRINCELY KI0" Jin
estimate of Edward VII. from the American point of view
EDGAR SAI.TUS has a scintillating essay. "THE QUEST OF PARADISE."
EDGAR FAWCETT is at his best in the story. DEBTORS TO HERITAGE."
A 810O Prise Poem, "THE DANCING OF SITLSIMA," by CLINTON SCOL1ARD,
Js a pleasing feature.
"A MONARCH OF A SMALL. SURVEY," by GERTRUDE ATHERTON.Js a suong
story of California life.
There is an abundance of other bnsjhtand entertaining itorfes.pnem and v-iuicism-.
If you.have not yet become familiar with THE SMART SET buy the May number tft-day
All book and newsdealers in America. Great Britain and France sell u Price. 23
eents. Annual Subscription. 83.00. Any newsdealer will forward your subfccnption.
or it may be sent direct to the publishers.
ESS ESS PUBL1SHIMC COMPANY, I 133 BROADWAY, N. Y-
kMWlWSMMW!LW.tWMaJ&Va7n
ST Pf THE FI05T UkREPUiur
KM yiBw f sn xo in -rap- l
r
TOHAVEANDTOHOiD
A BOTTLE OF
or he had unfortunately loot the same,
would be required to take out another
appliance license on the net which he
would be required to purchase to take
the place of the one stolen or lost.
"It seems to me that the PrepT con-
' structlon to be placed upon this law H
such a one as would insure the compll-
ance wlth the splrlt ot the tew, ad not
( who are seeklnt, to obcy lt.
i
Good Catcher on Opening Dny.
OREGON CITY. April 15. Flftn thou-
pia by LlZ'.
' e CaugS In tne wStaSSFSd c2
I sand pounds of ilmon were shipped ti
amas Rivers, presumably since midnight
A steam launch from Portland also car
ried down a full load this morning Him
ler Bros., of Park Place, shipped for
boxes, the probable weight being 1201
pounds. The catches were very satis
factory and the quality good.
Astoria Water Frontj?e Sold.
saljBJU April io.-ueeaB were mea m,
record today, whereby Richnnl Nixon, ol
Portland, sells to The Astoria Company
S feet of water frontage and also sev
eral lots In Alderbrook. The property Is
located near the old Scandinavian can
nery. ana was soia unaer iorecwsun
j proceedings brought by the receiver of th
" Vk
Rush for Public Lands.
OREGON CITY. April 13. Twenty-threj
homestead locations were Hied in the loca.
land office today, principally on a ne
siirviv irtthln the boundaries of th Sllet:
reservation, filed this morning. The rust
- . .1 A, ,-.
for homestead filings promises to equa.
that of last year.
Grnneers Organization.
ALBANY, April 15. The Linn Count:
Patrons of Husbandry Co-operative Asso-
j elation was organized here this afternoon
T t . sv 1-M-k AAmnnOAil ft ItfVt maTTlnaf! f
" w "- "7"01""', ,V'ZW .Tn tZ
the Grange, who will buy and sell to
ineir nnuum uunenu
of tlie flew Century.
NUMBER.
TO-DAY,
i-Mui'umfc'iiVfcm.'Br
IfSSfcMALT
liifllM iL ;- first
"'" mJMlwMmrfiii' iififirintiil'irm ninur niiiVtam
I CLEVERNESS