TFTT? MO7yiy0 nT?FOQyT,y, WK.IDA.Y. APRIL 26, 1901.
OIL AND FOREST LAND
TWO TEST CASES DECIDED
SECRETARY HITCHCOCK.
BY
Concern Land In the Kern River Dis
trict, California Presidential
Appointments.
WASHINGTON. April 25. Secretary of
the Interior Hitchcock decided In favor
of the Kern Oil Company and the Gray
Eagle Oil Company in the two cases in
stituted against them separately by C.
W. Clark, in the Kern River oil district,
California. Clark is the forest lien land
selector, in each case, and the two com
panies named are in the mineral claim
ants in oil land litigation which has at
tracted great attention In California. The
decisions are on test cases, there being
many similar cases pending in the Gen
eral Land Office. The decisions were pre
pared Tjy Assistant Attorney-General Van
deventer and his assistant attorneys. The
two companies named asserted their
right under the placer mining law, and
Clark claimed title under the forest lien
reserve selections under the act of June
4, 1S97. The decision lays down these
points:
""That where a person making a selec
tion under the act of June 4, 1897, has
complied with all the terms and condi
tions necessary to entitle him to a patent
to the selected land, he acquires a vested
interest therein, and is to be regarded as
the equitable owner thereof.
"That the right to a patent under the
act, once vested, is for most purposes
the equivalent of a patent Issued, and
when, in fact. Issued, the patent releases
back to the time when the right to it
became fixed, and takes effect as of that
date.
"That questions Tespecting the class
and character of the selected lands are
to be determined by the conditions ex
isting at the time when all requirements
necessary to obtain title have been com
pleted "by the selector, and no change in
such conditions subsequently occurring
can effect his rights."
Each decision holds that the forest re
serve lien land selector never has per
fected his selection, and that the lands
now being admitted to be of great mineral
value, he cannot be permitted to perfect
the selections, because to do so would be
to permit the selection of mineral lands.
The selections, accordingly, are rejected.
PRESIDEXTTAL APPOINTMENTS.
Long? List of Military and Civil Nom
inations. WASHINGTON, April 25. The President
today made the following appointments:
George Paddock, of New York, to be
Secretary of Legation at Seoul, Corea.
Courtland K. Bolles, of Pennsylvania, to
be Consul at Kiel, Germany.
Charles M. Dickinson, to be agent at
-Sofia, Bulgaria.
A. J. McCochran, of Kentucky, to be
United States District Judge for the
Eastern District of Kentucky.
H. H. Tinsley, of Kentucky, to be Attor
ney of the United States for the Eastern
District of Kentucky.
S. C Sharp, of Kentucky, to be Marshal
for the Eastern District of Kentucky.
To be Colonel of Infantry J. Milton
Thompson.
To be Lieutenant-Colonel of Infantry
Albert E. Meyer.
To be Captains of Infantry Robert H.
Allen, William F. Creary, Oscar J.
Charles, Howard R. French, Louis H.
Sash, Edward T. Hartman, Walter S.
"McBroom, Thomas A. Pearce, Dwlght W.
Heithol, Benjamin T. Simons, Glrard
Sturtevant, Anton Springer, Lawrence R.
Simmons, Frederick B. Shaw, Frank B.
Watson.
t To be Second Lieutenants of Infantry
feylvcster C. Loring, -Joseph L McMullen,
"Robert C. Peck.
To be First Lieutenants in the Artillery
Corps Carroll F, Armsted, Percy P. Bish
op, Ralph P. Brown, Wlnfred B. Carr.
William D. Doores, Joseph B. Douglas,
John G. Goodfellow. William F. Haze,
Henry J. Hatch, James F. Howell, Peter
C. Haines, Jr., Harrison Hall, Edward
KImmel, Robert H. C. Kelton, David Mo
Coach, James B. Mitchell. Hudson Patten,
Fred W. Phisterer. John R. Proctor, Jr.,
Wright Smith, William F. Stewart, Jr.,
Alfred E. Starblrd, Elmer J. Wallace.
To be Second Lieutenants of Cavalry-
John T. Donnell, William C. Gardenshlre,
James M. Jewell, Paul B. McLane, Charles
P. Mayo, Rawson Warren.
To be Captains in the Signal Corps
Daniel J. Carr, Eugene O. Fechel, Otto
A. Nesmith.
To be First Lieutenants In the Signal
Corps William Mitchell, Mack Cunning
ham, Henry W. Stamford.
To be Quartermaster with rank of Ma-jor-James
B. Aleshire.
To be Surgeon of Volunteers, with rank
of Captain Percy L. Jones, Samuel T.
Weirick.
onarles C. How, to be Second Lieuten
ant In the Twenty-sixth Regiment of In
fantry, TJ. S. V.
Homer B. Grant, to be First Lieuten
ant in the Twenty-sixth Regiment, U.
S. V.
Charles Scudamore, to be Second Lieu
tenant in the Forty-second Regiment of
Infantry. U. S. V.
Robert H. Somers. of South Dakota, to
be agent for the Indians of the Lower
Brule agency in South Dakota.
A FRENCH OBSERVER.
Jules ,SIegrfrIed Pays a Visit to the
U. Whlte House.
WASHINGTON, April 25. The French
Ambassador called at the White House
at U o'clock this morning and introduced
3L Jules Siegfried, ex-MInister of
Commerce, industry and the Colonies in
the Ribet Cabinet, and also an official of
long service in the French Senate and
the Chamber of Deputies. During his last
visit to America, in 1S61, he was received
"by President Lincoln, and accompanied
General McClellan in a review of the
Army of the Potomac In the call at the
White House today the President spoke In
most friendly terms of the relations be
tween this country and France.
M. Siegfried was seen later In the day
and talked in an Interesting manner on
the purposes of his visit to this country.
He said:
"I came to look" over the remarkable
growth of America in all commercial and
industrial lines and to study economic
questions which are being develpRed.
Naturally, I am much interested In the
extension of commercial relations between
the two countries. There seems to be no
reason why our mutual trade should not
he very largely increased, with advantage
to both countries. Jt Is quite certain that
if the United -States take the initiative In
making concessions, France will recipro
cate in the fullest measure."
M. Siegfried was asked as to the re
cent reports that some of the European
powers might unite, in a commercial al
liance directed against the United States.
"That misht come about," he said, "and
it is an additional reason why it is desir
able to have the two republics enter into
closer commercial association."
M. Siegfried said France has a subsidy
system which assisted to a considerable
extent in meeting the commercial supre
macy of Great Britain on the sea, and
he entertains the view that like encour
agement in the United States would bring
about similar results In the development
of the American merchant shipping. He
will remain In "Washington until tomor
row when he will start on an extended
trip' through the West, visiting Pittsburg,
Chicago, Milwaukee, St. Paul and many
other points, returning by way of Canada
to Boston and commercial centers In New
England.
GEOLOGICAL SURVEY.
Plan of Operations for the Next Fis
cal Year.
WASHINGTON, April 25. The plan of
operations for the Geological Survey for
the next fiscal year was announced to
day. Numerous parties are to be sent to
all sections of the country to engage In
geological, topographichl and other lines
of survey work. An Important feature
will be an investigation, in co-operation
with the Coast and Geodetic Survey, of
marked parts of the northwest boundary
between the "United States and Canada.
The line will be re-run and temporarily
marked by iron posts In certain localities.
It is planned to make a reconnaissance
of the whole line from the summit of th
Rocky Mountains westward. Geologist
Bailey Willis, with a party, will make a
reconnaissance of a strip from 10 to 15
miles wide along the south side of the
boundary line In Idaho and Montana, to
determine Its geological features and the
condition of the boundary monuments.
Other geologists will make surveys from
the Colorado line westward to the Pacific
Coast Dr. Wolcott will make special in
vestigations In the Rockies in Montana.
Investigations are planned for the clays
and clay-working Industries of the coun
try, and also of the cement Industry.
Internal Revenue Collections.
WASHINGTON. April 25. The monthly
statement of the collections of Internal
revenue show that the total receipts for
March, 1901, were $24,030,745, a decrease as
compared with March, 1900, of $295,933.
The receipts from the several sources of
revenue were:
Increase.
Spirits $9,729;466 $121,867
Tobacco 4.C91.230 f57,793
Fermented liquors 5,300.841 179.9S8
Oleomargarine 189,794 35,287
Special taxes not elsewhere
enumerated 23,553 2,178
Miscellaneous 4,030,776 92,519
Decrease.
For the last nine months, the receipts
were $328,525 less than for the correspond
ing period last year.
The Trouble at West Point.
WEST POINT, April 25. So far as can
be learned there are no new develop
ments regarding the investigation Into
the recent breach of discipline among the
corps of cadets. The Inquiry is being
conducted behind closed doors, and the
cadets even are not permitted to discuss
the matter among themselves. Cadet
Robert R. Ralston, who It 1b said
was reduced to the ranks as a punishment
for not reporting an infraction of the
rules in the mess hall, and on which ac
count the cadets have manifested so much
displeasure, is uncommunicative. It is
said Cadet Ralston was appointed from
Pennsylvania, and is in the present sec
ond class, in which he stands near the
top.
Kenrns Will Entertain McKlnley.
SALT LAKE, Utah, April 25. President
McKlnley will be the guest of United
States Senator Kearns during his visit
here June 2 and 3. In accordance with
the President's wishes, no formal pro
gramme for his entertainment will be ar
ranged for Sunday, June 2. Monday
morning the President, Mrs. McKlnley
and the members of the Cabinet will be
driven to points of interest in and about
the city, thus giving a greater number of
people opportuity to see the President
than would have been possible at a pub
lic reception.
Grlncom "Will Return to Turkey.
"WASHINGTON. April 25. Lloyd Gris
com. United States secretary of legation
at Constantinople, has 'decided to return
to Constantinople at the expiration of his
leave.
EMPLOYER'S RESPONSIBILITY
Decision of a Federal Court of Ap
peals in a Railroad Case.
ST. LOUIS, April 25. "Because an em
ploye remains in the employ of the com
pany, when he well knew that a risk is
assumed by so doing, does not relieve the
employer of responsibility If accidents oc
cur." This is the gist of an opinion hand
ed down by the United States Court of
Appeals In the case of the Southern Pa
cific Company, plaintiff In error, against
Katie Yeargln, as administratrix of the
estate of T. J. Yeargln, deceased. The
suit was originally filed In the Federal
Court of Utah by Ka'tle Yeargln, who
sought to recover damages for the death
of her husband, who was an engineer on
the Southern Pacific Railroad until killed
in 1899 in collision with a "helper" engine.
Judgment in the lower court was given
for Mrs. Yeargln, and from this the com
pany appealed on a writ of error. One of
the instructions which the defendant
asked the Judge to give the jury was that
Shrlver, engineer of the "helper," was a
fellow-servant, and If it was proved that
his fault caused the Injury, the plaintiff
could not recover. The lower court re
fused. Judge Amos Thayer, who wrote the
opinion of the appellate court, held that
the lower court was correct In this, and
said that if the "helper" engine had had
a headlight which could have been seen
two miles and a half Instead of one that
could be seen only 250 yards, Yeargln
might have seen it in time to have stopped
his train and avoided the accident. The
trial court refused to instruct the jury
that If Yeargln knew that It was the
practice of the defendant company to use
only an ordinary lantern on the rear of
this "helper" engine, when running back
ward, he, with this knowledge, assumed
the risk Incident to it Judge Thayer said
that If such was upheld it would enable
employers to avoid the performance of the
duty they owe to their employes to exer
cise reasonable care In providing them
with tools, machinery and appliances ordi
narily safe and adapted to the uses to
which they are to be applied. The opin
ion stated that, as the record disclosed no
error, the decision of the lower court
would be affirmed. Judge Sanborn, dis
senting, held that the railroad company
was not guilty of negligence, but that
the accident vas caused by the act of a
fellow-servant, and that, accordingly, the
case should have been reversed.
"Where there Is a comparatively safe
and a more dangerous way known to a
servant, by means of which he may dis
charge his duty, it Is negligence for him
to select the more dangerous method, and
he thereby assumes the risk of the in
jury which its use entails." So held the
United States Court of Appeals In the
onlnion handed down in the case of John
Morris as plaintiff In error against the
Duluth, South Shore & Atlantic Railroad
Company, appealed rrom tne unuea
States Circuit Court for the district of
Minnesota. Morris sued for damages for
the loss of a leg while coupling cars,
charging the company with negligence.
The decision of the lower court for the
defendant was sustained.
Claims of Sutro's Contract "Wife.
SAN FRANCISCO, April 25 The Ex
aminer says:
"Mrs. Clara Kluge-Sutro has secured
from the representatives of the Adolph
Sutro estate a recognition of the claims
urged by her and her children, Adolph
Sutro, Jr., aged 9, and Adolphine Sutro,
aged 7 years. The settlement, which Is
on the basis of $150,000, has been agreed
on. The woman claims to have been the
contract wife of the late millionaire. It
is intimated that she may secure the fa
mous Cliff House as her share of the es
tate. Before his death Sutro executed n
deed conveying to these children real es
tate In this city which was then estimated
to be worth $50,000."
To Realize on Assets.
BUTTE, Mont., April 25. Mrs. Lulu
Largey, administratrix of the esctate of
the late P. A. Largey, made application
yesterday for partition and sale of the
Speculator mine. The Largey estate owns
one-half of It, and the suit Is supposed to
be for the purpose of realizing on the as
sets. An Old ex-Slnve Dyinjr.
HELENA Mont., April 25. Carrie Hen
derson, 103 years old, who came to Mon
tana with the first rush for gold, Is dying
in the County Hospital. She worked as
a slave with Fred Douglass In the South
before the Civil War and at one time had
a fortune.
AMATEUR GOLF CHAMPION
WAIiTER J. TRAVIS MAINTAINS HIS
TITLE.
His Record en the Lakcirood Links
American Lcagne Scores
The Day's Races.. ,
NEW YORK, April 25. Walter J. Travis;
of the Garden City Golf Club, sustained
his title of amateur champion of the
United States Golf Association on the
Lakewood links today. A few weeks ago,
In playing off. a- tie with Archibald Gra
ham, the New Jersey champion, Travis
established an amateur record for the
Lakewood links by negotiating the whole
course in 79 strokes. Since that time the
course has been made a little different
by the erection of six bunkers, but, not
withstanding this, Travis succeeded in
making the afternoon round today in 80,
In the morning" round Travis turned in a
card showing S5 strokes, making a total
of 165 for the 36 holes. The next best
score was made by Findlay S. Douglass,
ex-amateur champion, who did the morn
ing round in 87 and the afternoon round In
88, or a total of 175.
THE AMERICAN LEAGUE.
Detroit Beat Milwaukee In the Open
ing: Game In Michigan.
DETROIT. Mich., April 25. With the
most magnificent batting rally ever seen
In Detroit, the local American League
team this afternoon snatched the opening
game of the season from Milwaukee in
the ninth. The score:
R H "pM T XT Tp
Detroit 14 19 17Milwauloee ....13 16 17
Batteries iMlller, Frisk and Buelow;
Hawley, Dowling, Hunting and Leahy.
Umpires' Sheridan and Manassau.
Cliicngo Beat Cleveland.
CHICAGO, April 25. The Chicago club
won today's game by superior batting and
base-running. Both pitchers were wild,
due largely to the cool weather. Attend
ance, 2S00. The score: '
RHEI RHE
Cleveland .... 3 5 2Chlcago 7 10 2
Batteries Moore and Yeager; Skopec
and Sullivan. Umpire Connolly.
American League Ganies Postponed.
PHILADELPHIA, April 25. Philadelphia-Washington
game postponed; wet
grounds.
BALTIMORE, April 25. Baltimore-Boston
game postponed; wet grounds.
National League Games Postponed.
CINCINNATI, April 25.--CIncinnatI-Chl-cago
game postponed; wet grounds.
NEW YORK, April 25. New York
Brooklyn game postponed; wet grounds.
PHILADELPHIA, April 25. Philadelphia-Boston
game postponed; wet grounds.
THE DAY'S RACES.
"Winners at Tnnfornn.
SAN FRANCISCO, April 25. Outsiders
again took the money at Tanforan today,
only two favorites winning. The Pride,
a 2 to 5 favorite In the fifth race, was
beaten by Dr. Cave, a 15 to 1 shot, and
Prejudice. Butler was knocked off Sunello
at the post in the fourth event and sus
tained a broken rib. Hoar was then sub
stituted. Louwelsea, at 10 to 1, beat Dl
vlna a nose In the 2-year-old event. Rus
sell grew overconfident on Montellade In
the last race, and Foul Play beat him a
head. Results:
Six furlongs, selling Illlouwan won, Ma
tilda O. second, George Dewey third; time,
1:15. "
Six and a half furlongs, selling Mission
won, The Singer second, "McAlbert third;
time, 1:21.
Four and a half furlongs, selling Lou
welsea won, Dlvlna second, Achilles third;
time, 055.
One mile and a quarter, selling Scotch
Plaid won, Go To Bed second, Sunello
third; time, 2:10.
Six furlongs, selling Dr. Cave won,
Prejudice second, The Pride third; time,
1:14.
Six and a half furlongs, selling Foul
Play won, Montellade second, Wallen
stein third; time, 1:21.
Races at Sandowne Park.
LONDON, April 25. At the first day's
racing of the Sandowne Park second
3pring meeting today, the Sandowne Park
Stud Produce stakes was won by the
Irene colt, ridden by L. Relff. The 10th
year of the Tudor plate of 1000 for 3-year-olds
at one mile was won by George
Faber's Pietermarltzburg. Desaymar,
owned by Sir K. Blundell Maple, was
second, and Richard Croker's Viper, with
Lester Relff in the saddle, came In third.
Fourteen horses ran. .The Juvenile sell
ing plate of 103 at five furlongs was won
by the Delightful colt, ridden by L. Relff.
r. McCreery's Ripa colt, with Danny
Maher up, was second, and London Assur
ance third. Twelve horses started.
Races at Lakeside.
CHICAGO, April 25. Results at Lake
side: One mile and 100 yards Moroni won,
Frangible second, Dagmar third; time,
1:50 4-5.
Five furlongs Zaza won, Barney Saal
second, Emma C. L. third; time, 1:02 1-5.
Five furlongs Irish Jewel won, Emma
R. second. Rival Dare third; time, 1:01 4-5.
One mile' and 50 yards Charlie Moore
won, Valdez second, Hal Brown third;
time, 1:45 3-5.
Five furlongs Yana won, Blue Ridge
second, Rud JHyncka third; time, 1:03 2-5.
One mile, selling Boomerack won,
Aaron second, Plead third; time, 1:43 2-5.
Races at Nevrport.
CINCINNATI, April 25. Six races were
run at Newport today" over a track aver
aging a foot deep In water, and in some
places deeper. It was accomplished with
out serious accident to horse or rider. Re
sults: Five furlongs, selling Fairy Dell won,
Flying Bird second, Chemisette third;
time, 1:07.
Five and a half furlongs Maggie W.
won. Fairy Day second, Masterful third;
time, 1:144.
Handicap, one mile and a sixteenth
Castlne won, Donazetta second, Peter
Duryea third; ,time, 1:56.
One mile Sara Gamp won. Eous sec
ond, Prince of Song third; time, 1:52.
Half mile Montana Pioneer won, Fol
low second, Mamie English third; time,
0:51.
Six furlongs, selling Mazetta won, Ju
lius Werner" second, Guerdon third; time,
1:21.
Races at Aqueduct.
NEW YORK, April 25. Results at
Aqueduct:
Five and a half furlongs Gold Lack
won, The Chamberlain second, Speedmas
third; time. 1:10.
Five furlongs, selling Red Damsel won,
C. Rosenfeld second, Equalize third; time
1:07 2-5..
Mile and 70 yards Sidney Lucas won,
Royal Sterling second, Magic Light third;
time, 1:49 4-5.
The Ozone stakes, 4 furlongs Carroll
D. won, Elsie L. second, Junevllle third;
time, 0:56.
Seven furlongs, selling Millstream won,
Walt Not second, Punctual third; time,
1:30.
Five furlongs Locket won, Ta Mah Na
Wis second, Essen third; time, 1:04 2-5.
Races at Nnshville.
NASHVILLE, Tenn., April 25. Results:
Selling, six furlongs Mike Mullen won,
Custodian second, The Thrush third; time,
1:15.
Half mile Monte Himyar won, Ardlta
second, Tambourine II third; time, 0:49.
Selling, mile and a sixteenth Anna Lau- i
retta won, A Winner second, Iglis third;
time, 1:474.
Belle Meade stakes, half-mile Balance
All won, Burlington second, Winter Belle
third; time. 0:49.
Six and a half furlongs, selling Hans
borough won, Swordsman second, Weld
man third; time, 1:22.
Selling, six furlongs Tamor won, Vir
gle D'Or second, Nannie Notan third;
time, 1:14.
International Track Contest.
NEW HAVEN, Conn., April 25. The of
ficial correspondence relative to the inter
national track contest to be held at Berke
ley Oval, New York, September 23, be
tween teams representing Oxford and
Cambridge Universities on one side and
Yale and Harvard on the other Is pub
lished here today. It shows an agree
ment on the question of eligibility to mem
bership on the teams, and assures a con
teat of nine events, at follows: 100-yard
dash, quarter-mile, half-mile, one mile,
two miles, high jump, broad jump, hammer-throwing,
220-yard hurdles.
The Jcffrlcs-Ruhlln Match.
SAN FRANCISCO, April 25. The Na
tional Sporting Club announces that it has
matched Jeffries and Ruhlin for a fight in
this city In July or August.
NEW YORK, April 25. The World says
"Tom O'Rourke last night said that he
was preparing to offer a purse larger than
the one of $8000 hung up by the San, Fran
cisco Athletic Club for the Jeffrles-Ruhlln
fight, and that he would guarantee to pull
the fight off in the vicinity of Greater
New York."
The London Prizeflfrht Case.
LONDON. April 25, Jack Roberts, who
was pitted against "Billy" Smith In the
fight before the National Sporting Club
Monday, that resulted In Smith's death,
and Bethuson, manager of che club, to
gether with the referee, timekeeper and
four seconds, were arraigned in the Bow
Street Police Court today on the charge
of manslaughter. The Magistrate re
manded the accused on their own recogni
zance In 100 each.
Gaudaur Accepts Town's Challenge.
WINNIPEG. Man.. ADril 25. Gaudaur
Y has accepted Town's challenge to row
ior tne cnamplonshlp of the world. The
race must take place at Rat Portage.
Gaudaur will not allow artything for ex
penses. Skects Martin's License Withheld.
LONDON. April 26. The racing calendar
announces that the license of J. H.
(Skeets) Martin will'be withheld until June
4, owing to his having recently been re
ported by theKhedlval Sporting Club at
Cairo for four riding.
NEW METHOD OF, SETTLEMENT
By "Which Neither Unions IVor Corpo
rations'Are RcogrnIzcd.
CHICAGO," April 25. A jnew departure
in the methqd of settling labor difficulties
was made. today, when' a committee of
machinists, acting' for the International
Association of Machinists, called on Will
lam Re"nshaw, superintendent or machin
ery of the Illinois Central Railway Com
pany, and presentedjgrievances. The com
mittee went as a body of employes, thus
evading a discussion as to the status of
the committee of the association, and met
Mr. Renshaw as an official, and not as
the company Itself. When the machin
ists had made their presentation, Mr.
Renshaw asked for further time, and it
was arranged . that another conference
should be held tomorrow. The committee
said it would be willing to make modifi
cations to reach an. agreement, And Mr.
Renshaw intimated that he could see no
reason wly an ancable understanding
should not fie had.
The propose'd agreement fixes the term
of apprenticeship at four years, and pre
scribes regulations for the employment of
apprentices. It is provided that the mini
mum pay for machinists shall be 30 cents
an hour; that nine hours shall constitute
a day's work, 45 cents for overtime, and
60 cents If the overtime reaches six hours
a day, all holidays to be paid for at aouble
rates if the men are at work. Machinists
sent away on the road shall be paid time
and a half or double time, in like propor
tion, as well as all their traveling ex
penses. Free transportation is demanded
for the men, and it is further stipulated
that "applicants for employment shall not
be asked to fill applications other than
to establish ability as machinists." The
agreement provides for arbitration.
THE DEATH ROLL.
Mrs. Allen Sells Greenspan.
TOPEKA, Kan., April 25. Mrs. Allen
Sells Greenspan, widow of the late Allen
Sells, the showman, died here early this
morning. Some years ago Mrs. Sells mar
ried Simon Greenspan, a local capitalist,
who died last Fall. An adopted son, Will
iam Sells, is the only heir to her large
estate. Mrs. Sells Greenspan was one of
the wealthiest women In Kansas.
Aunt of Mrs. McKlnley.
CANTON, O., April 25. Mrs. Maria G.
Saxton, aunt of Mrs. McKlnley, died here
today. Mrs. Saxton was with Mrs. Mc
Klnley at the White House for several
weeks after the first inauguration. She
was the widow of the late Thomas Saxton,
who established the Canton Evening Re
pository. General A. O. Miller.
LEBANON, Ind.. April 25. General A.
O. Miller, aged 74, one of Indiana's noted
heroes of the Civil War. died here today
after only a few days' Illness. He was In
command of Company C, Tenth Regiment,
at the battle of Rich Mountain, In July,
1861, and his company captured the first
rebel fiag.
Ex-Congressman Marvin.
SARATOGA. N. Y.. April 25. James
Madison Marvin, who was a Representa
tive In the 38th, 39th and 40th Congresses,
died today, aged 92.
Must Remain on the Bond.
HELENA, Mont., April 25. The Su
preme Court this afternoon denied the
petition of United States Senator W. A.
Clark and C. W. Clark to be allowed to
withdraw from the bond of the Montana
Ore Purchasing Company, of which F. A.
Helnze is principal owner, in the suit
of the latter against the Amalgamated
Copper Company. The court dismissed the
petition "for the reason that the facts
stated in said petition are not sufficient
to warrant the relief demanded or any
relief or to Invoke any action in the
premises." The bonds amounted to $1,000,
000. Counterfeit Tools In His Possession.
SAN FRANCISCO, April 25. United
States Secret , Service Agent Hazen has
arrested George Taylor McDonnell in this
city on the charge of having in his pos
session appllcances for making counter
felt money. It Is charged that McDonnell
had promoted a scheme to flood China
and the Hawaiian Islands with counter
felt dollars, made from Mexican coins.
The secret service officials claim that Mc
Donnell Is the McDonnell who was Im
plicated with the BIdwells in robbing the
Bank of England of $5,000,000 by means
of forged checks in 1873.
Died to Save His Family.
SANTA BARBARA, Cal., April 25.-J". B.
Hudson, secretary of the Lewis & Clark
Company, of Marysville, Mont., com
mitted suicide today by shooting him
self. In his pocket was found a letter
addrqissed to the Coroner, stating that
he could not recover his health and
killed himself to save his family from
poverty. He had J2100 in his valise.
END OF THE FLOOD
OHIO RIVER AT ' CINCINNATI
COMES STATIONARY.
BE-
Reunited in More Distress There
Than Was Expected Losses In
Other River Tovrns.
CINCINNATI, April 25. The high-water
mark of the flood passed down this part
of the Ohio Valley earlier tonight than
was expected. The river became almost
stationary from 6 to 10 o'clock at a frac
tion above 59.1 feet, and afterward at
59.2 feet, when It became stationary here
and at upper points. Great relief is re
ported tonight from Huntingdon, Cattletts
burg and Ironton, where the flood was
so. bad last night. Early In the evening
the temporary rise In that district caused
by the Kanawha and Big Sandy, swelled
the water at Portsmouth, but It was
soon over and will lose Its force before
it reaches Cincinnati. The river at S
o'clock was stationary at Portsmouth at
58.5 feet, and will remain stationary from
that city to Cincinnati till tomorrow af
ternoon, when it will begin falling. It
is reported stationary tonight at Ripley,
Higginsport and Dover, Ky., all of which
points have suffered extremely during
the past few days.
The flood has resulted in far more dis
tress here than expected and tonight
Mayor Fleischman appointed re'.lef com
mittees and secured funds to aid the dis
tressed. Similar action was, taken in
Newport and Dayton, Ky., today, where
the conditions are still worse in inundated
districts. The Newport track is sub
merged from one to three feet, and great
er crowds are attracted than usual, owing
to the sight of the horses running in
water. The National League Baseball
Park, where a game was played vester
day by the Chicago and Cincinnati teams,
is completely flooded tonight.
All the railroads were In trouble today
in handling freight, and some abandoned
that part of their business. None of
them has abandoned any passenger train
but the Cincinnati, Georgetown & Ports
mouth Railroad was compelled to employ
ferry-boats and rowboats to take its pas
sengers out as far as the eastern suburb
of Columbia, east of Cincinnati. Three
churches in Cincinnati are surrounded
by water and as many school buildings,
but these thre-o schools were dismissed.
A careful estimate today placed the num
ber qf men thrown out of employment in
Cincinnati by the flood at 2C0 and about
half as many in Covington and Newport.
Ky. At Ironton, it was reported that
1500 men had been thrown out of em
ployment. Similar condition xlst at
Cattlettsburg, Portsmouth and Hunting
ton. An estimate has been made at
Huntington that over 3000 families are
homeless in the southern part of West
Virginia, and 6000 men Idle, and that th.
loss by flood in that part of the statf
will exceed $1,000,000. At Kipley and
New Richmond, up the river from Cin
cinnati, and other towns in thoso dis
tricts the conditions are reported tonight
to be very serious, as the smaller places
are all under water and have not the
means of relief of large cities.
The river at Evansvllle at 7 o'clock to
night was 35 feet and rising an inch an
hour. It is estimated that farmers bp
tween there and Paducah w'll lose SCO COO
bushels of corn. The water ha hegun
to get Into the cellars of the business
houses. Thousands of logs are coming
out of Green River, 10 miles north of
Evansvllle.
Frankfort. Ky.. reports big damage ur
the Kentucky River. The Government
lockgates at Hisrhbridge, In Jessamine
County, have been washed away, causing
suspension of river traffic.
The Mnhonine River Flood.
YOUNGSTOWN. O., April 25. The Ma
honing River this morning broke all rec
ords for high water, being 12 Inches above
the greatest flood ever known. In the val
ley, and is still rising an inch an hour.
Through the city the river Is a mile wide,
and has swept everything loose within
reach. The pumps at the waterworks
have been working under water since last
night, and If a breakdown in the machin
ery occurs the city will be at the mercy
of the elements.. During the night the
firemen were active with boats rescuing
citizens from the submerged dwellings.
The Pennsylvania freight depot is en
tirely surrounded by water, and traffic
Is blocked until the floods recede. Dur
ing the night a washout occurred on the
railway between here and Sharon.
The Flood nt Louisville.
LOUISVILLE. Ky., April 25. The river
Is r.lsing tonlgjit at the rate of nearly
an inch per hour, and at 6 P. M. was 20.6
feet in the canal, which is 2.6 feet above
the danger line. The water has come up
to the foot of some of the streets, and
in Fourth street It Is in the first floors of
several buildings. Steamers pass under
the bridges by lowering their smoke
stacks. Shenanpro River Receding.
SHARON, Pa., April 25. The Shenango
river reached its highest stage at mid
night, and is now receding. All danger
from the flood has passed.
GREED OF OFFICE-HOLDERS.
They Refuse to Submit to the Will
of the People.
BUTTE. Mont., April 23. (To the Ed
itor.) Wanted: A man who will place '.he
public will above personal ambition and
greed. There have lately been a number
of Instances In Oregon (and they have
appeared elsewhere) of office-holders who,
having been legislated out of office, have
sought, or are seeking, by legal process,
to enforce their possession of the office for
the full term to which they were elected.
The Legislature is the law-making power
of the land, and as such It has the right
to unmake laws, and presumably, it would
seem, also the power to unmake the office-holder.
But whether or not the Leg
islature has, in every instance, the power
to legislate a man out of office before the
expiration of his term, is a question to
which I shall not address myself In this
communication, since the point of my ap
peal for a truer citizenship Is based upon
higher motives than those which And their
mainspring in a decree of court. It Is the
self-imposed virtue and integrity which
uplifts, not that which Is created by force
of legal restrictions. But, assuming that
the Legislature speaks as the true yolce
of the people (and I think we have a
right, ordinarily, so to assume), then I
assert that the ousted office-holder, if
he be a true citizen of the state, should
bow to the expressed will of the major
ity with due humility, instead of rushing
into court, and, with a howl of pain,
beseeching the redress of fancied wrongs.
What does It matter that the law some
times holds that one has a legal (which
does not always mean Just) right to the
office? The law Is kaleidoscopic in Its re
lations to human affairs, and It would
be strange. Indeed, If It did not some
times, as It does, perpetrate a wrong; It
will always be so as long as courts are
administered by men.
Upon what theory does a man who has
been chosen as a servant of the people,
to serve their wishes and execute their
will, contend that he has thereby become
greater than his creator, and that he may
say, In effect, "The public be ;
public office Is not a public trust, but a
private cinch"? This is the real attitude
of those who seek to thwart the will of
the people, and the fact cannot be blinked
by the shrewdest logic, or by the decisions
of courts, and it applies to every office,
from President to Constable.
The spectacle that Is becoming so com
mon, after the adjournment of every Leg
islature, of office-holders spewing their
petty wrongs upon the defenceless head
of the public, and arrogantly demanding
that the public welfare shall wait upon
their selfish ends, Is one that cries aloud
for a Juvenal. Their actions disgrace
the fair name of our commonw'ealth; they
abase themselves beneath the standard
of true citizenship; in their lust for office
they have become traitors to the noble
instincts of our Immortal forefathers, who
planted liberty upon a barren rock and
nourished It Into life with their blood; of
"government of the people, for the peo
ple, and by the people," they make a
travesty and a by-word; and could the
great Lincoln see today how civic pride
has fallen, how greed for pelf and spoils
of office have made good men political
mendicants, his face would grow more
sorrowful than amid the throes of civil
war. It seems to me that this Is a
theme that every minister" in the land
might discuss with more profit to the pub
lic than the vaporings of Christian Sci
ence and many other Isms, or puncturing
the belly of the east wind blown by some
deism of today that was theism yesterday;
or even of gambling and the social evil,
for the latter are rather the outgrowths
of the virile, vulgar lower strata of hu
manity, which, like rank weeds in over
rich soil, betakens wealth If properly sub
jugated, whereas the other Is the blight
In the very blossom of civilization, the
canker that rots to the heart of all that
is best, noblest and truest In our political
and civil life. C. H. SHOLES.
TO DEVELOP ALASKA.
Ohio Capitalists Will EngiiKe In
Mining: and Business Enterprises.
WASHINGTON, April 21.-Certaln Chi
cago interests, which are reported to have
a large capital, have lately been in Wash
ington conferring with the different bu
reaus of the Interior Department to as
certain what Is now known of the coun
try lying to the west of Nome, as far
as Port Clarence, and from that polnc
back Into the Interior for a distance of
rO or 75 miles. As a matter of fact, the
department has little Information of value
concerning this region, it has been hur
riedly gone over by a party from the
Geological Survey, and the Land Office
has scant reports, but from the talk of
the promoters who were here recently It
is evident that they have acquired a suffi
cient knowledge of that territory from
private sources to convince them that
rich deposits of gold are to be found
there.
In the course of a few weeks this party
1s to equip Itself, and at the er.rllest op
portunity will depart for Nome. After
landing, It will reconnoiter the country
west to Port Clarence, at which point it
promises to establish a port. It Is a
we'.l-known fact that Port Clarence af
fords the only harbor in that section of
Alaska, and this harbor, by the way, is
one of exceptioml qualities. It Is the
announced Intention of these capitalists
to construct suitable wharves and ware
nouses at Port Clarence, thus maktnr It
a port In every sense of the word. In this
way they hope to handle the trade not
only for that Immediate vicinity, but
much that is intended for Nome and In
termediate points.
From statements they made when in
Washington, it is inferred that If the
country back of Port Clirence turns out
to be as rich in minerals as the prelimi
nary examinations would indicate, a rail
road will be constructed for a distance of
io miles Into the Interior. A river trav
erses this section, but aside from being
closed much of the year is very crooked,
and is probably 150 miles in length, while
the railroad would be half that d'stance.
Such a road Is Intended, first of all. to
promote the Interests of these capitalists,
but will at the same time be of immense
advantage In handling supplies for other
prospectors who may go into the Port
Clarence country.
The party in question is to take in a
quantity of mining machinery, so as to
work the gold-bearing ground to the very
best advantage. While they are con
vinced that the beach Itself Is quite rich
In the viclnltv of Port Clarence, they en
tertain the oplniqn that the richest de
posits are those found on the upper por
tion of this stream emptying out at the
port, and there they will concentrate their
forces and make the greatest .develop-'
ments. Ex-Representative Taylor, of
Ohio, and a number of Ohio men of wealth
are interested with Chicago promoters
In this project, and have organized thor
oughly before taking up this huge
project.
JURISDICTION OVER LANDS.
All of Alaska Not In Hands of Sec
retary of Interior.
WASHINGTON, Ajril 21. A recent
opinion of Assistant Attorney-General Van
Devanter dispels a popular belief that
the Secretary of the Interior has general
jurisdiction of the public lands in Alaska.
As a matter of fact, his jurisdiction is
limited, under the several acts of Con
gress relating to such lands, to the ad
ministration of the mining laws, the town
site laws, the right-of-way law, the home
stead laws, and the sale of land for trade
and manufacture. The decision in ques
tion arose over a recent attempt by the
Secretary of the Treasury to shift his
control of certain Islands to the Interior
Department.
Under the act of 1S79, the Secretary of
the Treasury was authorized to lease 2S
different unoccupied and unproductive
Islands In Alaskan waters, for the propa
gation of foxes. There is no particular
reason why the Secretary of the Treasury
should be burdened with tnls fox Indus
try, which may account for his desire to
turn the matter over the Interior Depart
ment. Judge Van Devanter, in looking
over the laws, found that the act of 1S98.
which extended the homestead laws to
Alaska, provided that tne Annette, Prlby
loff and other islands leased or occupied
for the propagation of foxes were ex
cepted from the operation of that act. In
view of this legislation, he holds as fol
lows: "Even If the Land Department, under
the supervision of the Secretary of the
Interior, was possessed of general juris
diction over the public lands in Alaska, no
authority is found under which that of
ficer would be justified In leasing land for
propagating foxes or for taking under his
care and control land already leased for
that purpose. The act of 1S79, on which
the Secretary of the Treasury has acted.
If It confers such authority, confers It
only on that officer, and does not em
power him to transfer his responsibility to
the Interior Department. Moreover, the
Islands leased for the propagation of
foxes are expressly excluded from what
ever jurisdiction over the public lands has
been conferred on this department by the
act of May 14. 1S9S. Surely. In the face
of the plain purpose manifested by that
exclusion and indicated elsewhere in the
recited legislation, to leave the jurisdic
tion over those islands where it then was,
this department is wholly wltlo au
thority to act In the premises or to cem
pi" with the. request of the Secretary vt
the Treasury."
THE SUBMARINE BOAT.
Its Use for Xnvnl Defense Vigorously
Attacked by Olllcer In Service.
WASHINGTON, April 21. George W.
Melville, Rear-Admiral and Chief of the
Steam Engineering Bureau, has caused
considerable comment by an article he
has written in which he vigorously at
tacks the submarine boat for naval de
fense. There Is no denying that he has
made out a first-class case, and that from
his point of view the action of the last
Congress In refusing to authorize any
more of these submarine boats was a Ju
dicious move. The demonstration of the
Holland, however, In the Potomac River,
showed that It ought to be tested, and
the authorization of a number of boats
was the proper way to find out whether
the submarine torpedo-boat would be ef
fective in the future. About the same
time, however, It developed that the
whole Holland crowd had got into pecu
liar hands. The Holland boat was un
fortunate In the selection of certain
IoekaMye Baby
These are sweet words, but how much
pain and suffering they used to mean. It's
different now. Since Mother's Friend ha3
become known expectant mothers have
been spared much of the anguish of child
birth. Mother's Friend is a liniment to be
applied externally. It is rubbed thoroughly
Into the muscles of the abdomen. It glve3
elasticity and strength,, and when the final
great strain comes they respond quickly and
easily without pain. Mother's Friend is
never taken internally. Interna! remedies
at this time do more harm than good. If a
woman is suppl'ed with this splendid lini
ment she need never fear rising or swelling
breasts, morning sickness, or any of the
discomfort which usually accompany preg
nancy. The proprietor of a large hotel In Tampa,
Fla., writes: "My wife had an awful time
with her first child. During her second
pregnancv. Mother's Friend was used and
the baby was born easily before the doctor
arrived. It's certainly great."
Get Mother's Friend at the
drugstore. $1 per bottle.
THE BRADFIELD REGULATOR CO.,
Atlanta, Ga.
Write for our free Illustrated book, " Before Baby
Is Born."
agents in Washington because the men
who were advocating it so strenuously In
and out of Congress were not just the
kind that would be chosen for a strictly
meritorious affair. An odor of suspicion
hung around, which could not be dispelled.
Rear-Admiral Melville points out many
disadvantages of the submarine boat.,
showing that it has not been demon
strated to a nicety that It can be worked
to advantage. He. also points out that In
case the submarine boat Is effectual, ther
should be no more battle-ships construct
ed, as the submarine craft can destroy
everything made for present naval war
fare. His knowledge of naval matters is
sufficient to give his opinion a great deal
of weight, and it looks as if it was tho
beginning of a black eye for the subma
rine craft.
The Mnybrlclc Cne.
DUBLIN. Ireland. Arkll 13. (To the Ed
itor.) It is not my purpose to enter Into a
general discussion of the Maybrick case,
but may I protest against the statement
. which has appeared In other Journals than
yours, that Mrs. Mnybrlck sold herself In
marriage to an old English roue, who was
totally without attractions of person or
character, his sole recommendation be
ing of a financial nature? Now, what aro
the facts? Mr. Maybrick was 42 years
old at the time of his marriage, and 50
when he died. He was considered a good
looking man, and was careful of his ap
pearance, and rather vain of it. Though
he did not adhere to the strict rules of
morality, he was in no sense a roue, and
bis wife was for a long time -unaware of
his lapses. They" had twJo h'&ilCHy chil
dren. He was not wealthy, and mado
no settlement, I believe, oix his wife at
her marriage. What he left a moderate
sum was almost altogether derived from
policies of Insurance on his life, recently
effected. They lived happily enough as
man and wife for more than seven year..
Then the unfortunate Buerley affair oc
curred, the wife discovering about tho
same time that her husband had not been
faithful to her. Matters culminated In a
serious quarrel. But a reconciliation was
effected through the agency of Dr. Hop
per, and there was no subsequent quarrel,
though Mr. Maybrick lived for six weeks
afterward.
As regards the late Queen, it is very
likely that for a considerable tlma before
her death the matter was not mentioned
in her presence. Her health, was failing
and it became necessary to reduce tho
public business which she had to transact
to a minimum. But though pardons and
commutations are granted In the name of
the sovereign, they are really the acts
of the Home Secretary.
A RETIRED BARRISTER.
A Little Mixed.
Chicago Inter Ocean.
The news fro.m South Africa continues
to be rather conulcting. The Boers are
ready to surrender. They are going- to
keep the war going for years if neces
sary. General Dewet Is as crazy as a
March hare. He Is In the enjoyment of
tho roundest mental and physical health.
Presfdent Steyn is seriously 111 and dis
couraged. He was never so hopeful of
final success as he Is today. The Boers
are routed and disorganized. And they
are crcparlng to resume lighting on a
large scale next August. So there you are
i
Xew Yorlc Conntry Ilnnlc Fnlla.
FARMER, N. Y., April 23. The banking
house of LeRoy C. Patridge. of Ovid,
made an assignment today. The liabil
ities and assets are not yet made public
The bank was capitalized at $150,000.
BoMton & Montnnn Meeting.
BUTTE. Mont., April 25. At the an
nual meeting of the stockholders of tho
Boston & Montana Company, held here
today, the old board of directors was re
elected. In accordance with the action of the
Southern Oregon Presbytery, held recent
ly at Ashland, a church will be organized
at Woodvllle Sunday afternoon. -
im$h
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