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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 16, 1901)
THE MORNING' OKEGONIAN, TUESDAY, 'APRIL" 16, 1901 PRE SAILORS WANTED SOT ENOUGH ABLE SEAMEN TO 4$MS THE DEEP-WATER FLEET. Puffet Sound Ships Having: Great Trouble y<h. Crews County of Pembroke Loading Flonr. The departure of 15 deep-water ships in the first 13 days of the month has taken about every available sailor In this por .tlon of the country, and some of the ships were obliged to take a few men who knew "but little about sailors work. It has Seen many years since there- has been such a general shortage of deep-water sailors all over the Coast. San Prancisco has suf fered the worst, but .even on Puget Sound, where there Is always a large number of coasting lumber vessels from which dis satisfied sailors can be persuaded, there has been more trouble than usual. The lumber ship Senator, which has been on Puget Sound since February, was delayed -for over three weeks in securing a crew, and was Anally compelled to take seven of her deserters who had been arrested and sentenced to two months' Imprison ment In jail. The master disliked very much to take the men back, but as he was unable to secure others to take their places he was obliged to ship them, al though each of them stated that he would refuse duty. The Senator will probably be a 'hot ship" pending the change of heart which may come over her sailors by the time the mates are through per suading them. At Tacoma the Nerelde is waiting for sailors, and &t Astoria one or two of the ships are short a few men. The Khyber and Ruthwell both got to sea yesterday -with full crews, and the Thistle will leave down this morning. The Thessalus, which arrived down at Astoria yesterday, had a full crew when she left Portland. The Buteshire is still short a few men, but will probably secure what she needs today or tomorrow. The allurements of life on shore at this season of the year are too great to admit of very many men going foreign before the mast, and shippers, shipowners, shipmasters, and even the boarding-house men, will probably be glad when the blockade is lifted. The latter are receiving no more for men now than they were paid when sailors were to be picked up on jevery corner. Sailor-Stealing1 on Pugret Sound. PORT TOWNSEND, April 15. Scarcity of sailors on Puget Sound causes ship masters much trouble and annoyance. Some few days ago five sailors were spir ited away from the Norwegian bark Prince Arthur, loading lumber at Port Gamble, and this evening, just as the American ship Charles F. Crocker was starting to sea, bound for Kobe, the captain of the Prince Arthur, accompa nied by a. Deputy United States Marshal, boarded the Crocker and found five de serters from the Prince Arthur. They were arrested and lodged In jail to await the sailing of the Prince Arthur, when they will be placed aboard that vessel. The Crocker will be delayed several days in filling up her crew. RIVER CRAFT REPAIRING. Steamer Alarm Launched and Boniia to Be Hauled Out. The steamer Alarm, which was on the ways at Supple's yard several days, Tyas launched yesterday. The hull was painted and the boat was given a quick overhaul ing. The Bonlta will be hauled out of the water today for Inspection and any neces sary repairs. The Bonlta suffered a slight accident to her hullJn Cascade locks ,last Summer, but the mishap ld not lay her np. It is thought that the damage to the hull can be repaired in two or three days, and that other alterations which ase. ln j tended will not protract the -sojourn of H the boat out of the water longer 'than that time. The outline of the new dredge for the Pacific Mill Company is finished in tne preliminary false work which will sustain the big craft This foundation work has been leveled off, and construction of the dredge itself will soon be well under way. FLOUR FOR EUROPE. County of Femlirolte Will Load Sec ond Cargo for the Year. Flour cargoes for Europe have been few and far between this season, the Ori ental demand taking up so great a por tion of the output of the mills that there has never been "very much of a surplus to find a market elsewhere. The British ship County of Pembroke is now loading a full cargo of flour at the Portland Flouring Mills Company for Europe, and will clear before the end of the month. The same firm that is dispatching thsl vessel cleared the Dutch bark Pax early in Jan nary, and these two vessels constitute the European flour fleet from Portland for the year 1901 to date. In former years there was a considerable number of car goes of flour floated every season, but of late the British have shown a preference for flour of tnelr own manufacture. Shipwrecked Crew Rescued. SA& FRANCISCO, April 15. The Union Fish Company's vessel Czarina arrived in the harbor tonight from a Ave months' cofi .fishing cruise In Alaskan waters. She brings the shipwrecked crew of the sohooneni Jnnaf consisting of the captain and nine iQn,, TheM-nna belonged to the Alaska Cod Fish Company, of this city, and left port late last Fall for a long fishing trip. She dragged her anchor during a gale and was wrecked on Samak Island. The crew with difficulty escaped toMand and made the best of their way across the island to the Czarina. The Anna and her half cargo were an entire loss. Bis Fleet Leaving;. Two of the Pacific Export Lumber Com pany's fleet, the Norwegian steamship Norman Isles and the Swedish ship Thes salus, arrived down at Astoria yesterday and will cross out to sea today. The Saint Bede will probably finish loading today. As she will carry approximately 3,OM,000 feet of lumber, the shipments for- the month by this firm, will reach a total of 7,000,000 feet. With the lumber fleet and the wheat fleet both getting away In a bunch, the shipping business for the lat ter half of the month will not be as heavy as that of the -first half. Heavy North-wester Blowing. A heavy northwest wind has been blow ing along the Coast for the past 48 hours, and the steamship Columbia arrived in at Astoria last evening several hours over due as a result. The steamer Alliance Is also on her way up the Coast, and has heen detained by the contrary wind. There are several ships due at the.present time, and some of them will undoubtedly be kept pretty well down to the south xratll the northwester shifts again. Manifest of Xovelty. ASTORIA, Or., April 15. The manifest of .the schoner Novelty, which crossed out for,San Francisco Friday, was filed In the Custom-House today. She was loaded at Knappton, and carries a cargo of 703,331 feet of lumber and 191,700 feet of laths. Owners "WiU Not Yield. 'GENOA, April IS At meeting of the shipowners held 'Ijere today, it was de cided that the owners preferred to lay up their vessels rather thtfn yield to the de mands of the strikers. Rests "With Bermutgham. ,SAN FRANCISCO, April 15. United States Circuit Judge Morrow today sus- talnedl the demurrer of Captains Bolles and 3tllge Government Inspectors of Steam Vessels, In the case of P. J. Her llhy, late chief engineer of the steamer RIo de Janeiro, whose license was revoked by the Inspectors and who sued lor its restoration. The court decides practi cally that the proper and only course for him to pursue Is to file his appeal wltft Supervising Inspector Bermlngham. Domestic and Foreign Ports. ASTORIA, April 15. Arrived at 6 P. M. and left up at 9:30 P. Ml Steamer Colum bia, from San Francisco, Arrived down at 10 A. M. Norwegian steamship Norman Isles; at 10:50 A. M., British ship Thessa lus. Sailed at 10 A. L-d3ritlsh bark Ruthwell- and British -.ship , Khyber, for Queenstown or Falmputh, for orders. Condition of the bar at 5 P. M., smooth; wind, northwest; weather, clear. Tacoma, April 15. Arrived Brlttsn steamer Duke of Fife.jfrom Japan. Seattle Sailed April 13 Steamer Vic torian, for Skagway; steamer Dlrlgo, for Skagway. Tacoma Sailed April 14 Steamer Dlr lgo, for Alaska. San Pedro, April 5. Arrived Steamer Schooner Louise, from TJmpqua. Seattle; April 15. Arrived Steamer Humboldt, from Dyea. Neah Bay, April 15 Passed out Schoon er Commerce, from Victoria for Santa Rosalia. Tacoma, April 15. Sailed Steamer Sen ator, for Dyea. t Sydney Arrived April 14 Schooner F. M. Slade, from -Gray's Harbor. Victoria Sailed April 14 Schooner Com merce, for Santa Rosalia. Liverpool Arrived April 14 British ship Ardnamurchan, from Fraser River. Vancouver Arrived April 14 Schooner R. W. Bartlett, from Port Harford. San Francisco, April 15. Arrived Steamer Kvarven, from Nanalmo; steam er Geo. "W. Eider, from Portland; schoon er Ida Schnauer, from Port Gamble; steamer Mackinaw, from Seattle; steamer Bristol, from Oyster Harbor. Sailed Ship John Currier, for Bristol Bay; schooner Western Home, for Coos Bay. New York, April 15. Arrived Amster dam, from Rotterdam; Minneapolis, from London. ' London, April 15. Arrived Minnehaha, from New York. Naples. April 15. Arrived Werra, from New York via Gibraltar for Genoa. AT THE HOTELS. THE PORTLAND, r TV oiiver, Boston Miss Lillian Armesly L. C eyiman, Seattle San Francisco P Lemon, Boston JL H Henderson, do S B Calderwood. W "VV'lL F Mulligan. N Y James Jerome. San FrlJ H Manning & wife, A P Bay. Chicago Spokane Dan J Burke, SpokanejG M Kinney, Astoria Hy Helneman, N Y Leti9 Hall. Welser, Id 5 H Emanuel, N Y jFrank S Murphy, Salt 5 L Emanuel, N Y I Lake Mr'Felir, San Fran H W Kirk, San Fran (V Sapeny, Syracuse Mrs Carlisle, Seaside loan O Mara, Chicago A. J Burnes, Chicago D G Auchn & w, Bostn Albert Dunbar, Astoria S J Sherer E E Bolan, San Fran A H Harts N Y J H Flagg. N Y A D MeKin, Washing ton. D C E F Head, Spokane E M Levy, N Y A B Conter. Pittsburg E B Dana, N Y Frank. Jayne. San Fr w H Daniels, Chicago J Cunningham. Seattl W Coes. Astoria v S C Thompson, St Paul Mr & Mrs A C Spring, Boston R R Boutledge, city F B Leckenby. city J Law son, Denver A Nelson & w, Sacmto W L Chalmers & wf, city Dr Macrum, city E R Culver, tvf, son & maid, St Louis A Morton, Seattle V Thorner. Spokane W S Dickson. Plttsbrg G J siegie, it Huron, Mich "W H Foster & wf . V S M H S Dr J C Hamlin, Salt Lake Ph Jacoboviea, San Fr J D Wolfe. Agent 1H M Abrams. San Fr Blanche Walsh 1W111 Sroith& w.Chgo IN Rice & -w, Chgo I L Marks, San" Fran Miss Florence Roberts.jChas H Vercllius.' S F San Francisco fC F Rennls, St Joseph Miss Juliet Crosby, do 1 t THE PERKINS. ? f B Harris, Butte "H E Miller, Spokane A B Semple. Seattle Eugene W Vest, St L Mrs Dan Fields, Lew- lston, Idaho Mias Fields. do I Master Fields, do E W Dennis, St LouU: JJ C Johnston, Aber deen, wash E O McCoj. Dalles Mrs E O McCoy, do Miss Florence L Hart ley, Caldwell. Idaho F P McKlnnon. Burns C A Buckley, Grass Vy Mrs Jack Fitzwater, J B Osborne. Atlanta IMrs Gus' AngellMay- B E Parton, N Takm (Jondon, ur M McDonald, Salem vllleOr Miss McDonald, Salem Wm M Colvlg, .Jack sonville, Or C L Bollard. San Fr L Blakman, San Fr L C Palmer. Bridal VI Ed Kiddle, Island City. Or Geo B Dukek, May- vllle. Or G A Williams, Ana conda, Mont Mrs G A Williams, do MIssM Ketchum.St L W C DeVoe. Amity, Or s m ieitsen, washing ton. D C W N Barrett. Hlllsbro J H Waller. Chehalls R Suitor. Chehalls Mrs R Suitor, do w seiai. Goldendale R H Stlllwell, Jack sonville. Or G S Wright, McMInnvl J S Van Winkle, Al- A J McKlnnon, Santa Dany. ur F Geskey, Dunsmulr, Cal W F Clark, Tacoma Mrs L M Wood, Seattle W J Conners, Chllll- wack. B C Rosa, Cal f Geo W Klger, Tilla mook A S Pooey. Eugene S A Robinson. Denver M P Sailors. St Louis W S Strain. Chicago G A Robblns, K O T M, Pendleton. Gr Mrs G A Robblns. do Sam C Mott. Valole Fuller Co, San Fr A Huckesteln, Salem Mrs C P Hogue, Oak Point B A Powers, cKy J E Bean, Pendleton J F C Llnenburg, As toria John W Alexander, Seattle 7" J Minnows. , St Paul Jas Powell, St Paul Mrs W J Conners, do J J Beaul. Tangent. Or jE Cochrand, do W Olln. do T M Grant, San Fran A C Murdock. Chicago G W Caughran.Chlcago W C Mack.' Chicago (Levi Ankeny, Walla W Bert Smith. Brownsvlll Geo W Grannls. Salem J W Spousel, Bt Paul, Minn H M O'Nell. do Wm Livingston, S F Dr J S Bishop. Astoria H T McGowan.Chinook , THE IMPERIAL C W. Knowles, Manager. A E Mitchell, Seattle W Davis, city F J Cram, Chicago Miss Adams, .Berwick, Pa J M Chalmers, Rldge- fleld. Wash Albert White, Van couver; B C Mrs L.Walford, Snokane H A Murphy, Monmth Mrs Murnhv. do Mrs G R O'Danlels,' .Pendleton F L Kent. CorvalllB E B Hughes, Thornton J S Cooper. Indp. Or Bay L Sherwin, Ash- I Mrs J S Cooper, do land Miss E Robertson, do Gus Moore, San Fran A Street, Sheridan Mrs Street, Sheridan Grant "Mays, Dalles Fred W Wilson, Dalles J M Stevenson, Cas M Jackson. Phlla Mrsilackson, Phlla, Master Jackson, do Daid Wilcox, Haines G M Barrett, Drain Mrs C A Barrett, Athena Martin Murry, Louls- Tille, Ky J A Sutherland, Roch V ester, N Y tfullus L Haas. S F cade Locks Mrs Stevenson, do Samuel White, Bakr C E R Sklpworth, Eugene Mrs Edith B Lulton.do Miss Emma Saltzman, Clarence W Keen, "Pnrtlsnd Eugene Mrs A Mayers, Pe-EU Master Majers, Pe-EU PMrs A A Bean, Albany Mrs Mary Powell, do Ira Erb, -Salem Mrs J S Trulllnger, Astoria Miss Majers, Pe-EU M S Mullt, Lebanon Mrs Geo H Irwin, Sa lem. Or Robt Gibson, Astoria John Robins, Astoria Marguerite Neal Ma- thom. Salem. Or W T Rldgdon, Salem IE P Hillson, San Fran W L Robb, Astoria Mrs Robb. Astoria IHelen Merrlam. Butte IN J Stewart, Aromas, R Burns, o R & N coi uai Mrs Chas Catlln, Cat-Mrs Stewart, do lln. Wash IS G G Kydglnst. As- ,Mrs Grant Foster, do j torla A W Long. Salem JG T Williams, San Fr THE ST. CHARLES. J C Brown, -Oregon Cy J A Black, Myrtle Pnt P O Anderson, Palmer W W Lawton. Wash- ougal N Merrill, Clatskanle G Koerner, Colo Spgs tj jo. Boats, Mayger Geo Knelden, Duluth 1A T Humphrey, Ashlnd W A Perkins, Hudson G P Gllson, St Helens John Smith, city J Bedford, city H TJmstead, Halsey J J Campbell, city C W Brown, Toledo Mrs G D Gllson, do Miss Gllson, do G W Perry. Stella Ford W Smith. Orecr C l-fcju Kivers. do J A Farwell, Seattle jR W Lewis, Molalla H Johnson. Omaha 1A CI flnrtrtnT-rt Rnlom H Johnson, Omaha Mrs H Johnson, do Chris Peterson, Olney, Or Geo Simpson. Astoria Mrs A G Goddard. do R O Donaldson, Salem u .tj smitn, Newberg Mrs C E Smith, do D L Paulsen Wm Bayler, Oregon C S Lemmdn, San Fr C H Miller. San Fr Jos Welland, Wis E Fostrop, city G McKInney. Canby K Miller; Orient John Green, city Jas Qulnn, Quinns Mrs Jas Qulnn. do A J Stuart. HUlsboro Mrs Organ, .Wasco AP Davis. La Brand A N Reed. Pendleton 11 M Hunter, Corvallls H Cerglll, Con-alls I Burt Kemp, Spokane IMaude Carl, Vespers, I Or L Michael. Stella IClara Lane, Mist. Or Nelson Clark. Spokn G B Prettyman; Xock Dr Andrew Kersham, 1 wood Grand Ronde jJack Speer, SHeta Res J M Chase, Salem JW F Lamln. Palmer.Or J C Kramer, Dallas ( Hotel Brunswick, Seattle. .European; first-class. Rates, 75c and up One block from depot. Restaurant next door. Tacoma Hotel. Tacoma. American plan. Rates, $3 and up. Donnelly Hotel', Tacoma. European plan. Rates. 0c and up. Fain from Indigestion, dyspepsia and too hearty eating is relieved at once by taking one of Carter's Little liver Pills immediately after dinner. PASSED ON NINE CASES SUPREME COURT RENDERS ITS DE . CISION. Seven "Were From Coos -and Remain der From Multnomah County Four "Were Affirmed. SALEM, April 15. The Supreme Court today handed down decisions in nine ap pealed cases. In seven of these, all from Coos County, the decisions went to the merlts-of the cases. "The other two decls- Ions were on motions to dismiss appeals.' The decisions were as follows: The Southern Oregon Company, respond ents, vs. Coos County et al appellants, from Coos County, J. C. Fullerton, Judge; reversed. Opinion by Justice "Wolvertdn. The plaintiff brought this suit to enjoin the collection of certain taxes, alleging that the County Assessor fraudulently and capriciously assessed the property of the company too high. The lower court found In favor of the Southern Oregon Company, and the county appealed. It appears that the Assessor did act ca priciously and without the exercise of hon est judgment In fixing the valuations of plaintiff's property. The plaintiff ap peared before the County Board of Equal ization and secured considerable reduc tions In the valuations fixed by the As sessor. The Southern Qregon Company did not allege that the county board acted fraudulently or capriciously, nor was any evidence produced to show any such state of affairs. The Supreme Court says: "We are left to determine whether the fraudulent acts of the Assessor can alone destroy the validity of the tax assessed against the plaintiff. The Board of Equal ization Is authorized to make proper cor rections whenever property is assessed under or beyond its actual value. It acts upon what the Assessor has done. If the two functionaries agree, no change fol lows, but If they disagree the judgment of the board prevails, so that Its acts 'are not dependent upon the acts and conclu sions of the Assessor, and Its judgment supersedes that of the Assessor and stands In Its place and stead. It may transpire that the assessment as made by the Assessor may have been ever so arbi trarily and capriciously made and extend ed, while that adopted by the board may be eminently fair and equitable. It fol lows, therefore, logically and necessarily, that when the assessment Is attacked, because arbitrarily and fraudulently made, the charge, must go farther than to inculpate merely the Assessor. It must likewise Involve the Board of Equaliza tion and the County Court, sitting as an equalizing body, as the Judgment of the latter is paramount. "Upon the whole, we are Impelled to the conclusion that plaintiff is not entitled to the Injunction, either by the case as made by the complaint or by the. proof as adduced at the trial." The Southern Oregon Company, re spondent, vs. J. H. Schroeder et al appel lants, from Coos County, J. C. Fullerton, Judge; reversed. Opinion by Justice "WoU verton. ' This suit was brought to enjoin the col lection of taxes, and the facts are similar to those In the preceding case. The law governing the case is the same and the decision of the lower court Is reyerstd for the reasons given in the case of Southern Oregon Company vs. Coos County et al. J. H. Nosier, respondent, vs. The Ooos Bay, Roseburg & Eastern Railroad & Navigation Company, appellant, from Coos County, H. L. Benson, Judge; af firmed. Opinion by Chief Justice- Bean: This was an- action to re'eover damages for Injuries to plaintiff from being thrown over an embankment, alleged to have been made by the defendant company within the limits of a public highway. The plaintiff recovered judgment In the court below, and the defendant appealed. The gist of the facts and decision may be gathered from the following excerpt from the opinion of the Supreme Court: "The plaintiff was traveling along a public highway, where he had a right to be. The defendant, for its own benefit and without the consent of the county authorities, changed the face of the road, greatly Increasing the danger to travel ers. The plaintiff had not been over the road since the construction of the rail way; was not familiar with Its condition, nor did he know before he started In the morning that the brake on his wagon would not work satisfactorily or that his horses would not hold a wagon on a grade. He asked for a gentle team, and a wagon suitable for the journey he desired to make, and supposed he had them. Indeed, the evidence tends to show that he did have them. The general doctrine appli cable to cases of this character Is that one Is not precluded from a recovery for an Injury caused by a defective highway on account of defects In his vehicle or harness or vice In the horse, unless these iiy ' dYTHEAP PROVflL'OFTHf B" SpPJLVlOlilSixthStr. PORTLAND, ORE . JfR2 were actually or constructively known to him, and there Is no proof that plaintiff had such knowledge." H. W. Dunham, appellant, vs. Nellie SIglln et ah, respondents, from Coos County, Henry L. Benson, Judge; re versed. Opinion by Justice Moore. This was a suit In equity to establish and enforce a trust against the adminis tratrix of a. deceased trustee. It was al leged that Victor Lackstrom. being in debted to plaintiff In the sum of $300 and to J. M. SIglln In the sum of $50, assigned to the latter a judgment for ?213 75, with accrued Interest and costs; that SIglln agreed to-collect'the judgment, discharge his own claim andr pay the "remainder of the money to plaintiff, or that when he received the sum so due him, he would, upon demand, assign the judgment to the latter; that SIglln collected his $50, and, having died, his administratrix refused to assign the judgment; that the money due on the judgment had been paid to the County Clerk, subject to the order of the administratrix, and would, unless re strained, be paid to the creditors of Sig Hn's estate. It "was alleged by defendant that plaint iff's demand was an ordinary claim against an estate, and that a suit in equity such as this would not !lie. The lower court took that view of the mat ter and dismissed the suit. The 'Supreme Court, however, holds that the suit is a proper remedy, and enters a decree award ing the plaintiff the money paid"' on the judgment and taxing the costs In both courts against the estate. John C. Brown, respondent, vs. W. W. Whlttington and wife, appellants, from Coos County, J. C. Fullerton, Judge; 'af firmed. Opinion by-Chief Justice Bean. This was a suit to cancel and set aside a conveyance of real estate from the defendant, W. W. Whlttington, to his wife, on the ground that It was void asito creditors. -The lower court found that thfe conveyance was fraudulent, and set It aside.. The Supreme Court reviews the evidence briefly and says: "The convey ance from Whlttington to his wife, made at the time and under -the circumstances staled, imposed upon-the, defendants the burden of showing-that Jit was made m good faith and for a valuable considera tion, and this they have failed to do." The only proposition of law laid down Is as follows: "A surety may, by a suit In equity, after the debt becomes due, and4before he pays It, compel the creditor to proceed to col lect the debt from the principal, provided he Indemnify .the creditor against loss from a fruitless suit against the princi pal." , A. M. Crawford, respondent, vs. Eugene O'Connell, appellant, from Coos County, Henry L. Benson, Judge;t affirmed. Opin ion by Justice Moore. This was a suit for an accounting and contribution, to establish an Interest in real property and to compel the execution of a conveyance thereof. The rules of law la(d down by the Supreme Court are as follows: "A tenant In common of land, who neg lects to pay his share of the tax Imposed as -an entirety thereon, can acquire tio title to the Interest of his co-tenant there in by bidding In the entire premises at a sale thereof for delinquent taxes. . . . The reason upon which the rule rests Is that a tenant In common, In order to release his Interest In the common prop erty from the burden of taxes imposed as an entirety upon the whole" estate, must pay at least his share of the sum exacted, and that to allow him to escape this duty and to purchase the whole estate at a sale thereof for the entire tax, If he could as sert against his co-tenants the title so secured, would be to permit him to take advantage of his own wrong." "William Howell, respondent, vs. Alfred Johnson, appellant, from Coos County, J. W. Hamilton. Judge; affirmed. Opinion by Justice Wolverton. The plaintiff brought suit to Tecover a balance alleged to.be due him on the purchase price of .certain awlogs sold and delivered by him to the defendant, of the alleged value of $13,832 72, of which amount he has received $11,883 50. The de fendant denied 4 the value of the "logs al leged to have been delivered, set ' up a special contract, and alleged accountings by which the business relations of the parties were determined. The 'trial In the lower court resulted in favor of the plaint iff and Is affirmed In the Supreme Court because no error is found. United States Investment Corporation, respondent, vs. Portland Hospital et al., appellants, on motion to dismiss appeal; motion overruled. Opinion by Chief Jus tice Beani Held that under the act of 1899, amend ing section 537, Hill's Annotated Laws (Session Laws 1899, page 228), It Is not necessary to serve the notice of appeal upon adverse parties who have not ap peared In the suit. United States Mortgage & Trust Coril pany, respondents, vs. P. A. Marquam tft al., appellants, .the Title Guarantee & Trust Company, respondents, and P. P. Jenne et al., defendants, on motion to dismiss anneal: appeal dismissed. "Opln- I Ion by Chief Justice Bean. This appel lant failed to perfect his appeal by Jflling a bond and transcript. PLAYED ON STANFORD NINE. Chester Mnrphy, of Salem, Was on Team Theat De'feated Berkeley. STANFORD UNIVERSITY, Cal., April 15. Chester Murphy, of Salem, was one of the 'varsity baseball players on the Stanford nine that defeated the University of California Saturday, 15 to 4. He scored one run. and played an errorless game at third base, making four put-outs and three assists. Both university teams have now each won a game, and the third will be played on Saturday, April 27. Next Sat urday the track teams contest on the Berkeley field. Tried Smudging- to Ward Off Frost. VANCOUVER, Wash., April 15. Nature Is furnishing an excellent opportunity for testing the efficacy of Professor S. W. Fletcher's experiment with smudge as a safeguard against damage from frost in the Clark County prune orchards. fiflvoffl -frnc nfMit"rni1 Inch ltit tVio tm- I perature going considerably below freez- l lng at an early hour this morning. Smudg- - ing was employed in a number of orch ards in Fruit Valley, Lake Shore, Mill Plain and other fruit districts.. What the effect will be cannot yet be determined. It Is also too soon to determine the ex tent of the damage. It is thought, how ever, that It will be slight, except In a few orchards, which are In full bloom. In most localities It Is thought the buds are not far enough advanced for the damage to be great Frost Is expected again tonight and It Is understood many more fruit men wilj try smudging. Linn County Beneficiary Society. ALBANY, Or., April 15. The Twenty five Hundred Association has filed articles of Incorporation with the County Clerk of Linn County. Charles Knecht, J. W. Elli son, Conrad Myer, Alice P. Richards, El mer Waggstaff and E. J. Lee are the In- , f 'corporators. Charles Knecht Is secretary, j This Is a local beneficiary society, which limits Its membership to a radius of 15 miles around Albany, and to a member ship of 2500. When that number Is se cured no new members are to be taken except upon the death of an old member. Each member pays $1 upon the death of a member, and SO cents per year dues. No meetings are held. Oregon Penitentiary Report. ' SALEM. Or., April 15. The' report of Su perintendent Lee. of the Oregon peniten tiary fort the quarter ending March 31, 1901, shows that there are enrolled In that institution 1 295 convicts. This Is an In crease of 17 over last quarter. The dally average during the quarter was 2S5.6. The amount earned by convicts by labor In the stove' foundry was $2627 99. The salary account for the quarter aggregates $4460, and the miscellaneous expenditures $6441 31, making the total for maintenance $10,901 31. School Laves Sent Out. SALEM, Or., April ' 15. Superintendent of Public Instruction Ackerman today sent .to each of the county superintendents a sufficient number of' c6ples of the Ore gon school laws to supply all the schools 'of their respective jurisdictions. Each school is allotted five copies one for each of the three directors, one for the clerk, and one to be left lri the schoolhouse. The hew publication Is an Improvement over its predecessors In having sub-heads In large, plain type, thus making It easier to find, any particular subject. The pam phlet Is also well indexed. Asks Mortgage Be Declared Void. NEW WHATCOM, Wash., Aprll 15. A suit was filed In the Superior Court here today asking that the mortgage of $105,000 given by the Puget Sound Pack ing Company to the Seattle National Bank, which Tesulted In the bank hav ing the company, placed In the, hands of a receiver last month, be declared void. The plaintiffs are creditors of the com pany for material furnished and aver that the mortgage was fraudulently ex ecuted by officers of the company when it was insolvent. No Dearth of Bids for Wood. SALEM, Or., April 15. The Salem school board today opened bids for wood for the Salem schools during the ensuing year. The bids were "not made public, but it was announced that several times the amount called for was offered at. reason able prices. Sherman County Paid State Taxes. SALEM, Or., April 15. Sherman Coun ty today settled her state taxes In full for the year 1900. by paying to the State Treasurer the sum of $7778 01. The sum of $1364 56 was also remitted In payment of that county's share of the scalp boun ty tax. Clover Killed hy Frosts. OREGON CITY, April 15. The heavy frost of the past few days has killed sev eral fields of clover In various Clackamas No. 47 for CoraBetltioa. O THE MOST DESTRUTi F ALL HUMAM DISEASES The poison ejected from the fangs of therattle- maKe is not more surety iauu uiau mc '"."f Ul j; rnimni.a Tllvri1 TPnianTi Tefnr'h Tinlliiti rind vitiates Jr the blood, destroys the tissues and bones i canker sore into the flesh. This horrible disease appears first in the form of a little sore or blister ; soon the glands begin to swell, pimples break out on the bodv, the mouth and throat become sore, making it painful to eat or swallow; dreadful ulcers appear onthe tongue, copper colored splotches and other characteristic signs of Blood Poison come as tie disease progresses, and the destructive virus takes deeper hold upon the 3ystem. The medical men are as sorely perplexed over the character of this blood Kison as ever; they tell you to take mercury and potash alternately for three years, t the stomach of no human being can stand this treatment long ; besides, they do not cure the disease permanently, as thousands who have tried it know. nn.TTTT(imnw ro a-. iQftn i S. S. S. is the-onTy nuiui, -u-tiw., wU., -w. I contracted Blood Poison two years ago this fall, and was persuaded to try a medicine widely adver tinod by a remedy company in Chicago. I was ro quirod to pay a largo amount in advance, and can truthfully say that I -was worse when the treatment was left off than when I began. Reddish pimples would break out and nil with yellowish matter ; copper-colored splotches of all sizes would appear on my body ; my throat was so sora I could scarcely swallow, and my mouth and tonguo wero seldom free from ulcers ; tonsils wero swollen, and my hair was com inff out rapidly. This was my condition when I began your S. S. S. I have used twenty-two bottles, and am fooling- splendid. Every sore on my body has healed, and my appetite good. JAKE 2sIARTIN. S. S. S. is not a new medicine ; for nearly 50 years it has been known and used for this dreadful disease. It has brought new life and hope to thousands all over this land; it will cure you. as it has others. Send for our free book on home treatment and write our physicians about your case. We will help you if you will let us ; we make no charge for advice, and all correspondence is conducted in strictest confidence. THE SWIFT SPECIFIC COMPANY, ATLANTA, GA. County districts, but It cannot yet be de termined whether or not the fruit Is damaged to any great extent. The frost was more severe several miles back from the river, where there was no fog of mornings.' Lockout Mtsy Affect Trades. TACOMA, Wash., April 13. The lock out of the carpenters, announced by the Builders Association Saturday night, is affecting other trades, as none of the union men of the Federated Council will work on buildings where carpenters are locked out. Plumbers, painters, plaster ers and paper hangers and steam fitters are feejlng the effect of the lockout. Between 250 and 275 carpenters in Taco ma are Idle today. Badly Burned In "Warehouse Fire. WALLA WALLA, Wash., April 15. At 10 o'clock tonight fire destroyed the ware house of the Davls-KaseV Company, sit uated on Lower Rose street. In this city. The loss Is estimated to be $7200. George S. Wlsegarver, a tramp from Thornton, Wash., who was sleeping In the building, was seriously burned, and may not re cover. Warehouse Burned. ALBANY, Or., April 15. The Crabtreo warehouse of Moore, Ferguson & Co., run by G. A. Westgate, of this city, was burned this afternoon with several thou sand bushels of potatoes and a small quantity of wheat, also a car near by loaded with wheat, and a pile of wood. The fire Is supposed to have been started by a spark from a passing engine. Map of St. Helens District. An excellent map of the famous St. Helens' mining district has just been completed by R. C. Lange, of Chehalls. Mr. Lange has been all over the section, and has made sure that the map Is cor rect In all Its details. He has arranged to have a number printed. These he will distribute at $2, postpaid. Flattering Outlook for Vineyards. FOREST GROVE, Or., April 15. "Vine yards promise to turn out better this year than ever before," said Adolph Anderson, of this place, today. Mr. Anderson is one of the largest grape-growers In this sec tion. He says only a severe cold rain, and that at once, Is the only danger to the crop. This Is not probable. Date for Snperlor Court. VANCOUVER, Wash., April Iff. Judge Miller today fixed May 7 as the date for convening the next jury session of the Superior Court of Clark County. FIRE AT SALEM. About $2000 Damage Done to Build ings in Heart of City. SALEM. Or., April 15. About noon today fire broke out In the Adolph block, on State street, and before being extinguished damaged that and E. M. LaFore's building to the extent of prob A7nv -life and eats like rzjr truaranteed purely vege table blood purifier, and the only antidote for this particular virus: it purifies the blood and builds up the constitu tion. The appetite im proves almost from the first dose, the sores soon show signs of healing. and the unsightly, dirty splotches and eruptions grow paler and paler, and finally disappear. ably $1500.. Both buildings are fully In sured. George Bros., who occupy part of the Adolph building, suffered damage to the amount of $500, and have no Insur ance. The lire department rendered prompt and efficient service. Terrible Dynamite Explosion. EL PASO, Tex., April 15. Advices from Chihuahua say a terrible dynamite ex plosion occurred today at Minaca, Mex., 150 miles from Chihuahua, in the heart of the mining district. Three men wero killed, one is dying and 10 others wero seriously Injured,, some of them fatally. The accident occurred In the warehouse of H. B. Lawrence, dealer In mine, and! railway supplies. Great damage was done to the building and contents. DR. SANDEN'S ELECTRIC HERCU Is Strength and Vigor It Is a speedy and reliable cure for nerv ous debility. rheumatism, lumbago, sciatica, lame back, kidney, liver and stomach disorders, poor circulation, sleep lessness, etc. Call and see me or send for my new Illustrated book, free. DO YOUR OWN THINKING. Read "Health In Nature." Dr. Sanden'a latest work. Contains wonderful Informa tion for suffering mankind. Dr. A. T. Sasiden Corner Fourth and Morrison PORTLAND, - OREGON H REST AS YOU RIDE. Coaster SraKe Qaarenteos tou Absolute Com fort and Flraaure in Cycling. Fits nnr -wiioel. Tour trhcel ol wairs under control. Security on. bills. Jl luxury on, the lorel You Rlda 60 Miles, but Pedal only 35 Miles. 1CO.0CO fattened rlderalnrt year. Sola by aU cyclo Uealors. Book let Frt- Esllpao M7n. Co., Bmlra, N.Y. ESOBUBDMMM IS ml IK 'W j nammmmmoBmam