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THE MOT?NTNG OTOCONIA TUESPAX, MAY 21, 1901.
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BEATE.V
Perpetrator of the Deadly Assault
Unlcnovrn Colored Man Arrested
on Suspicion.
BAKER CITY, Or., May 20 A special
to the Democrat, of this city, from Sump
ter, tells of a deadly assault made on a
young: man named Ira Jellson at the North
Pole mine Saturday night. The landlady
of the mine hoardlng-houe heard some
one groaning: in the hunkhouse, and asked
a colored man named Miller to go and see
about It. The negro complied reluctantly
and reported that Jellson was In bed wel
tering in blood.
The landlady called for help, and a
number of miners responded. They found
the young: man In a frightful condition,
unconscious, -with his head heaten almost
to a jelly. He was at once sent to the
hospital at Sumpter, -where he still re
mains unconscious and In all probability
."will die without regaining consciousness.
The Constable from Sumpter went to the
mine, and from what he gathered .from
the miners and others, decided to place
Miller under arrest on suspicion of hay
ing committed the crime. It Is said one
suspicious circumstance which points to
the negro is that he remained In his room
directly over where Jellson was moaning
and neer offered to go to his assistance
until the landlady insisted on his going.
It Is said that the colored man threat
ened to resist arrest, but gave up when
confronted by the officer. The landlady Is
known toJmve -kept- considerable money
about 4hehpuse. and thelneory-'fs'that
a raid. h3e:-p1annea,"Wtthal it
fafleaTfer Dmefeasoh, after the -attack
on Jcliboii.
gALOOX-JECEKPERS FIXED.
Collection "Sunpendea nnrt'Cases
"Will" Go to CIrcnIt Conrt.
.ASHLAND, Or., May 20. The cares of
the saloon-keepers charged with violation
of the prohibition ordinances of the city
came up In the Municipal Court today.
The city was represented by W. C. Hale,
of Grant's Pass, J. R. Neil, of Jackson
ville, and H. L. McWilllamf of Ashland,
and the defendants by C. B. "Watson and
W. M. Colvig,
The court held two sessions, and at the
close. Municipal Judge Berry adjudged the
defendants guilty and Imposed a fine of
$75 each upon V. S. Lewis, and H. Solo
man, and $50 each upon members of the
Arms of Houck & Dame, and High &
fionnichsen. Collection of the fines was
suspended pending Issuance of writs of
review to carry the cases to the Circuit
Court, -whore the contest will he contin
ued. Evidence -n as offered tcday In icourt of
the sale of liquors under various fictitious
names. One -witness testified that he had
asked for cold tea at the bar, and that
he had been served with whisky from a
teapot. The defense attempted to have
the case dismissed on a tchnlcallty, and
Rill attack the validity of the ordinances
under which the arrests were made.
sion which besrins on the morning of
(May 22. The grand encampment and the
Rebekah grand lodge, will meet tomor
row. Host of the delegates have, already
arrived.
The local Rebekah lodge will give a re
ception to the members of the Rebekah
grand lodge, and all' visiting Odd Fellows
tomorrow evening and a number of promi
nent members of the order will deliver ad
dresses. About 200 delegates to the three
grand bodies have already arrived, and
about 300 more are expected tonight and
tomorrow.
IX HER XIXETIETH TEAR.
Mrs. Mary- Patton, of Washington
County, Pioneer of 1850.
FOREST GROVE, Or., May 20. Mrs.
Mary Patton, a pioneer of 1850, reached
her S9th birthday April 2. She was born
in "Washington County, Indiana, and
crossed the plains from Missouri In 1S50,
with her husband and children. She has
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HE GIVES HIS OPINION
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APPORTIONMENT
- N FUNDS.
OF SCHOOL
Attorney-General Decides Superin
tendent's Reports Must Be Basis
of Distribution.
Mrs. Mary Patton.
four children and many grandchildren
and great grandchildren. She makes her
home with her daughter, Mrs. Nixon, at
Forest Grove, and has lived in Wash
ington and Yamhill Counties ever since
she came to the Coast. Her memory Is
bright, and she can tell of many bloody
battles and troubles suffered In crossing
the plains. The stories she tells of Old
Oregon and her personal reminiscences
are very entertaining.
LUTHERANS IX SESSION.
Synod of Northwest Churches Elec
tion of Ofllcers.
SALEM, Or., May 20. The annual synod
of "Washington district, Evangelical
Lutheran Church, has been In session In
this city during the past -week and will
close its convention tomorrow evening.
Eighteen pastors and four lay delegates
from Oregon, "Washington and Idaho were
present. Members of the synod have dis
cussed doctrinal subjects and transacted
varied buslriess. The convention is
largely for educational purposes, the de
liberations consisting of Informal dis
cussions as well as formil addresses.
"Last evening Dr. C. H. L. Schuette,
president of the Ohio synod, of which
the three Northwest States form one
division, preached a sermon In English on
the subject "What Is Lutheranlsm?"
This evening the pastors and delegates
present were entertained at a social
gathering at the residence of Rev.
Adolph Eberle, of the Salem church.
Tomorrow evening the farewell services
"will be conducted by Rev. C. Hopf, of
Cameron, Idaho.
The following ofllcers have been chosen
for the ensuing 3 ear: Rev. P. Gross
ehupf, of Spokane, president: Rev. H.
Wittrock, of Subel, secretary: Rev. L A.
Bertram, of Fairfield, "Wash., treasurer.
WORK AT FORT STEVENS.
Bids for Erection of Buildings and
for Other Improvements.
ASTORIA, Or., May 20. Captain Downs,
Constructing Quartermaster, United
States Army, opened bids this afternoon
for the construction of several small
buildings and miscellaneous work at the
Fort Stevens barracks. The bids were as
follows: For building fuel sheds at the
non-commlssloned officers' quarters, con
struction of barracks, servants' quarters,
bakerj and lavatory at the guardhouse;
for plumbing In the lavatories; construc
tion of woodboxes In several buildings,
and putting a cement cellar under the
commissary storehouse.
Three bids -were received, as follows:
Ferguson & Houston, $3960; C. G. Palm
berg, $4185; J. W. Surprenant, $4020. Cap
tain Downs has recommended that the bid
of Ferguson & Houston be accepted.
TAKES IT VERY HARD.
President Sorely Disappointed Be
ennse He Cannot Visit Oregon.
SALEM, Or., May 20. Governor and
Mrs. Geer returned this morning from Cal
ifornia. They Visited the governor's
mother at Oakland and saw the launching
of the battleship Ohio at San Francisco.
In conversation with Governor Geer,
President McKlnley said that the people
of Oregon cannot be more disappointed
over the change In his plans than he is
himself, for he has always entertained a
high regard for the people of this state
and has long wished to visit th'em.
PROJECT IS ABAXDOXED.
Ceremony of Laying Corner Stone of
Feflernl Bnildlng.
SALEM, Or., May 20. The proposed
ceremony of laying the corner stone of
the new Federal building has been aband
oned by the committee which had In
charge the preparations for President
ilcKlnley's visit, and the order for the
cutting of the stone has been reman'ded.
The cancelling of the order for the stone
"has been acqulesed in by Campbell
Bros., the contractors, and if any
one wants a cbrner stone laid he will
"be invited to pay the expenses.
Major C F. Cramer, superintendent of
construction, had procured a copper box
for the committee to place In the corner
stone and this box may yet be placed
In one of the stone walls, though not In
the corner stone. The box is large enough
to hold many papers, coins and other
relics and souvenirs, and will probably
last nearly as long If cemented Into
the wall as It would under the corner
stone. The money that was collected for
the purpose of defraying the expenses of
the President's entertainment will be returned.
STRIKE IS BEGUX.
Astoria Machinists Have Quit "Work
Xo Disturbance.
ASTORIA. Or., May 20. The strike of
the machinists of the Astoria Iron "Works
began this morning, but none of the other
employes of the works quit work. There
was no trouble, confusion or excitement
of any kind, and the superintendent says
that, so far, no effort has been made to
fill the places of the strikers.
Memorlnl Day Exercises.
SALEM, Or., May, 20. The mem
bers of Sedgwick Post G. A. R.,
of this city, are making preparations
for the usual observance of Memorial
Day. Committees of veterans of the
Civil War will visit the public schools
May 30, and deliver brief addresses to
the children on the significance of the
occasion. Rev. W. C. Kantner, pastor
of the First Congregational Church, will
deliver the Memorial day address.
Company F, O. N. G., with Its military
band, will participate in the exercises, and
also the Spanish-American War Veterans.
The G. A. R. has invited all fraternal
organizations to participate.
LARGE 3IODERN HOTEL.
"Will Be Built at Hot Lake Xear
Union Other Improvements.
"UNION, Or., May 20. The Oregon Hot
Spring at Hot Xake, near this city, was
today leased by Cook and Mlnthorn to
G. W. Tape, of the Sumpter Hospital. The
lease will take effect on June 1. Dr. Tape
will have charge of the hotel and sani
tarium at the springs for one year, and
Sn the meantime Cook and Mlnthorn will
erect a large 100-room modern hotel to
meet the growing demand for accommo
dations there.
The rush to this resort is so great -al-ready
this Spring that the present build
ings are wholly inadequate. A number
of cottages are now under construction
end a large sleeping-room building will
be erected at once. A passenger and
express line will be inaugurated tomorrow
"between this city and the springs.
GRAZIXG OF SHEEP.
"Permits Issued to Herders for Cas
cade Forest Reserve.
SACLEM, Or.. May 20. Superintendent
prmsby. of the Cascade Forest Reserve,
today received permits issued by the De
partment of the Interior allowing 123,000
sheep to be grazed on the reserve this
summer. The permits have been forward
ed to the applicants, -whose requests were
granted.
A permit requires the owner on enter
ing the reserve, with his sheep at once
to forward to the supervisor in charge
of the division a description of his range,
and the person in charge of the sheep
must have the permit in his possession
so that it may he examined by any forest
officer at any time. These requirements
will he strictly enforced this season.
MEETIXG OF ODD FELLOWS.
Delegates Are Gathering to Attend
Grand Encampment.
BAKER CITT, Or May 20. Delegates
to the 4Cth annual session of the Grand
Lodge, I. O. O. F., arc gathering here
Election of Teachers.
ASTORIA, Or., May 20. At a meeting of
the Board of School Directors this even
ing the resignation of Professor W. W.
Payne, as principal of the McClure school
and City Superintendent, was accepted.
Principals of the various schools were ap
pointed as follows: McClure school, A.
L. Clark: Shlvely. O. A. Thornton; Adairs,
J. C McCue; Olney, A. A. Cleveland,
Jr. No appointment was made for the
Alderbrook school. Professor Clark will
also act as Superintendent of all the
schools in the district.
OLYMPIA, Wash., May 20. Attorney
General Stratton has rendered an import
ant opinion regarding the apportionment
of school funds, in reply to the following
questions from Superintendent Bryan:
First Has the Superintendent of Public
Instruction a legal right to deviate from
the express provisions of the ninth sub
division of section 22, Code of Public In
struction, and upon the written statement
of a County Superintendent to the effect
that a new district has been organized
and has maintained one month's school,
sutssquent to the making of his last an
nual report to apportion funds to such
new district, the same as to other dis
tricts? second Has the said Superintendent ot
Public Instruction the right upon the
written statement of a County Superin
tendent to the effect that a union district
has been formed subsequent to his last
annual report and has maintained one
month's school, to apportion to said union
high school district $100 for each grade
above the grammar grades?
"I have examined the law as carefully
and fully as I am able at this time, and
I am satisfied that the practice Indicated
above is very Irregular If not Illegal. Sub
division id- of section 33, relating to the
duties of the County "Superintendents re
quires such Superintendents-to make an
annual report to the Superintendent of
Pubycv Instruction on the 1st of August
each year, for the school year ending "June
30 next preceding. Said report must con
tain an abstract of rthe reports made to
him by the district: clerks and such othej
matters as the Superintendent of Public
Ilnsructlon shall direct.
"Subdivision 9 of "section- 22, relating to
apportionments to be made by the super
intendent, provides that the basis of such
apportionment shall be 'the last annual
reports of the several county superinten
dents on,- file In your office at the time,
of making your apportionment.' The
law seems to require the -county superin
tendent to make a full and complete an
nual report and It is clear that this an
nual report 'is the only "proper basis of
apportionment of public-money by the
Superintendent of Public Instruction, and
for that "reason such yepbrt should con
tain all of the. information relating to the
schools of the- county that is necessary
to enable the superintendent to make his
apportionment during the following year.
"I am satisfied that the Intention of the
Legislature was that in making the' ap
portionment the superintendent shall use
the annual reports of the county superin
tendents exclusively as a basis. Your let
ter indicates a- doubt as to whether or
not the provisions of section H5 and 116
do not modify the provisions aflove "re-.
ferred to. But I am satifled that the pro
visions of section 115 to the effect that'
no new district formed by the subdivision
of an old one shall be entitled to any
share of public money belonging to the
old one, until a school has actually been
taught one month in the new district;
and1 that by section 116, to the effect that
when a new district is formed from one
or more old districts. It shall be entitled
to a just share of the school money to
the credit of the one or more old districts
from which the new district Is formed. I
am also of the opinion that the county
superintendent shall divide such moneys,
and also such moneys as may for the
current year afterwards be apportioned
by county superintendents, and that said
provisions do not affect your apportion
ment In the least."
j
DOIIXGS AT THE BARRACKS.
Five Men Under Smallpox Quaran
tine Other Army Matters.
VANCOUVER BARRACKS, Wash.,
May 20. Major Charles A. Booth has gone
to Seattle, where he will take charge of
the transport Seward as Quartermaster.
Major Booth will probably be ordered to
take command of one of the Alaskan
posts.
Five men of the Twenty-eighth Infantry,
G. B. Clarke, .C. Perry, Robert Flint,
Robert H. Horton and D. Koller, are un
der quarantine on the skirmish grounds.
The men, while camped at the Presidio,
occupied the same tent with a man who
was afterwards taken sick with the dis
ease. The men will be isolated 14 days.
William Bell, one of the late recruits
from the Presidio, who developed a mild
case of smallpox shortly after his ar
rival here, Is almost entirely well, and
will return to duty In a short time.
Colonel Matt Hoolan, Captain James A.
Goodln and Captain William K. Jones
were appointed a board, which met last
week to examine and report upon the
qualifications of Sergeant-Major John R.
-Mathews, of" the Twenty-eighth Infantry,
who Is an applicant for the position of
Commissary Sergeant.
Lieutenant Paul A. Barry, of the Fourth
Infantry, who is bringing recruits here
from the Presidio will, upon his arrival,
take charge of the men Intended for the
Thirty-fourth and Ninety-third companies
of Coast Artillery at Fort Stevens, and
will conduct them to that post. He will
then return to Vancouver Barracks.
Hospital Steward Frederick S. Sim
mons has been sent to Fort Wright for
duty, and Wilfrid H. Schuyler, of the
Hospital Corps, has been granted a fur
lough of four months.
It will be under the management of J.
P. Gurrler and will have a capacity ofi
250,000 shingles per day. The Plant will
run steadily from now. on, as the com
pany has- sufficient shingle bolts to keep
it running" for several years. This Is said
to be one of the largest plants of its kind
in the state.
Centralis Brevities.
CENTRALIA, Wash.', May 20. Efforts
are being- made by .the local commercial
club to have a large mqchlne shop estab
lished. Negotiations -are eing carried on
with Eastern people. A large building,
formerly a tehater, will be used.
The Episcopalians ot this city have
taken steps toward either purchasing or
erecting a church. Part of the money has
been subscribed.
Centralia's payroll from her lumber
Industries is now larger than it has ever
been and is naturally increasing as the
capacity . of the nresent mills are In
creased and new mills are put In.
The two cigar factories recently estab
lished here wiir both be In operation in
a short time..
Centralla is to have" a new harness-Tshop,
photograph gallery and ice cream pat lor
in the next two weeks. '
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W5flrKJfsa:iTr; NO RIH i
Charged "With Eaafce-wlement.
SEATTLE, May 20. The police have in
custody a man giving the name of Ben
Drummond. who It Is "ght is W. Abbot
Lewis, the Spokane lawyer who Is wantedJ
In that city for the alleged embezzlement
of $1800 from a client. The prisoner's
Identification Is not yet complete, but
there appears little doubt that he is the
fugitive for whom the Commissioners of
Spokane County offered a reward of $250.
Prospect of Large Crops.
UiSN'lKAHA, "Wash., May 20.' From
present indications there will be a good
fruit crop in tHls locality. Although some
slight Injury was done' "by the recent cold
Snap, -there -mill yet bea good -supply of
.frult of all kinds. Early eherrles seem
to have been Injured most. The straw
berry crop promises to be unusually ood.
Thly vegetable crop also wllT be large.
f New Po'stofflce.
'WASHINGTON, May 15. A postoffice
has been established .at Krupp, "Douglas
County Wash., on thfl; route f rom W,Hson
Creek to Odessa, and Gtorge TJrquhart
appointed Postmaster.
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NORTHWEST DEAD.
Airs, Elisabeth Christ, of Clark Coun
ty, Pioneer of 1652.
VANCOUVER,. Wash., May 20. Mrs.
Elizabeth Christ, wife of Henry Christ,
of this city, and a Clark County pioneer,
died at the family home on Vancouver
Heights this morning, Mrs. Christ re
turned two weeks ago' from Monterey
County, California, where she went last
November In the hop .of benefiting her
health. She was greatly improved on her
return, but she took ,a severe cold last'
Thursday, which developed Into pneu
monta. At no time, however, did, her
physicians consider her case critical un
tlh late last evening.
1 deceased was B8 years of age, and was
born In Missouri1. In 1852 she crossed the
plains -with her father, Valentine Proeb
stel. who took up a donation land clalrn
In Clark County. Ten years later she was
-married to" Henry Christ, the ceremony"
being performed by Dr. John McCSrty,
the pioneer Episcopal preacher, who
established St. Luke's Episcopal Church,
In Vancouver. Six children were born,
five of whom are living: Matilda Davis,
wife of A. F. Davis, of Etna, Clark Coun
ty; Philip Christ, who resides on the old
Christ farm; Augusta Hill, of Monterey,
Cal., and Misses Theresa and Etta Christ,
twin daughters. A son, Louis Christ, died
hero five years ago. The funeral service
will take place at St. Luke's Episcopal
Church Wednesday at 2 o'clock.
J." C. Wolgamot. ""
OREGON CITT, May 20. J. C. Wol
gamot, aged 72, who ha3 lived at Canby
for the "past 3d years, died suddenly yes
terday evening. The deceased was ' at
the home of a neighbor during the day in
his usual good health," and expired sud
denly on returning home. He was a Cal
fornla pioneer of 1848. He left a widow
and two sons, Clayton, of Canbj', and
Frank, of Portland. It Is not believed
that Mrs. Wolgamot will survive- the
shock, having recently had two attacks
of paralysis.
You doa't have to wait a year, these
days, to know what is going on in
China 1 And it doesn't take two months
to hear news from London!
The newspapers keep you oosted.
They have Been posting you about
Ayer's Sar saparilla for nearly fifty years.
This newspaper says that Ayer's Sarsaparilla is he
greatest spring medicine you can possibly take. There's
nothing like it for a nerve-bracer, nothing like it to lift
off a heavy load.:
.Why not feel as well every spring as Nature does?
She isij't asleep, doesn't go around discouraged and all tired
out!; She's alive, wonderfully alive. Take Ayer's Sarsa
parilla, wake up. get some new blood in you, and do
something! ,"''.
One dollar. f
a bottle.
All druggists
Aak your doctor what he thinks of Ayer's Sarsaparilla. The probability
is he has prescribed it a great many times and knows just what it will do.
Then ask him if he does not think it is precisely the medicine you need this
spring. J. C. AVER CO., Lowell, Mass.
WILL 00 TO THE COURTS
LOGGERS
AND FARMERS CAXJiOT
AGREE.
On Trlnl for Murder.
NEW WHATCOM, Wash., May 20.
The trial of Alfred Hamilton, alias Al
fred Hawkins, charged with the murder
of D. iM. Woodbury at Anacortes, In
September, 1899, began here today. The
defense objected to the appearance of
the "Lieutenant-Governor of the state,
H. G. McBride, as one of the counsel for
the prosecution, on the ground of his
official position. The court adjourned,
taking the matter under advisement until
tomorrow morning.
Editor on Trial, v
ASTORIA. Or., May 20. The preliminary
hearing of Charles C. C. Rosenberg, edi
tor of a local Finnish paper, on an In
formation sworn to by M. Saarela, charg
ing him with publishing an indecent and
obscene newspaper, will be called in
the Justice Court tomorrow. The article
on which the charge Is based is alleged
to have been published on May 9.
"Will Succeed Themselves.
SALEM, Or.. May 20. Governor Geer to
day appointed Benjamin Xoungr, of Asto
ria; J. P. Calbreath, of Salem, and 1.
Flynn, of Albany, to succeed themselves
as members of the "board of regents of
the State Normal school, at Monmouth.
Th.eir term of service is six years.
Board of Pharmacy.
SAXHM, Or.. May 20, Clyde G. Huntley,
of Oregon City, has been appointed to
serve a term of five years as a member of
the state board of pharmacy. He suc
ceeds R. E. Lee Stelner, whose term has
expired.
"Will Manufacture Clothing.
DATLLAS, Or., May 20. W. C. Brown and
son have completed arrangements next
month to begin the manufacture of men's
clothing on an' extensive scale. They ex-
Shingle Mill to Begin Work.
CENTRALIA, Wash., May 20. The large
plant of the Centralla Shingle Company
Jor tho opening of the grand lodge ees- I pet to give employment to 15 or 2Q ha.nds.Jwiil be put in operation about Tuesday.
OLD UNIVERSITY GROUNDS.
Suit to Prevent Sale by Board of Re
gents Will Go to Snpremc Conrt.
SEATTLE, May 20. In behalf of the
Board of State Land Commissioners, Attorney-General
Stratton today brought a
suit In the Superior Court of King County
to restrain the Board of Regents of the
State University from selling a site for a
Federal building to the United States
Government. The action will be carried to
the State Supreme Court before It is
finally determined. It was Instituted for
the purpose of legally determining
whether the State Land Commission or
the Board of Regents has title to the val
uable tract in the heart of Seattle, known
as the old university grounds.
HOMESEEKERS' EXCURSIONS.
"Will Be Run First and Third Tues
days of Each Month.
TACOMA, May 20. The Great North
ern; Northern Pacific and Canadian Pa
cific today announce that until October 1
homeseekers' excursions will be run from
the East to all parts of the Northwest on
the first and third Tuesdays of each
month. The announcement came as a
surprise to local agents, as the rates were
scheduled to change May 28. The south
ern lines Insisted on keeping the rates In
force, and the northern lines were forced
to acquiesce. The tickets to be used will
have return coupons attached.
Thomas Qunnn.
TACOMA, May 20 Thomas Quann, one
of the oldest employes of the Northern
Pacific Railway, dropped" dead of heart
disease this morning while at work at
the Northern Pacific dock.
Quann was 55 years of age, and one of
the oldest, residents of Tacorrta, having
lived In this city 26 years. Ha has been
In the continuous employ of the Northern
Pacific since the transcontinental line was
built. He left a widow and five children.
George W. Rons.
ASTORIA, May 20 George W. Ross, of
this city, died here at an early hour this
morning of a complication of diseases. His
funeral will be held tomorrow afternoon
under the auspices of the A. O. U. W.
He was born In Astoria, September 29,
1853, and was the son of the late Mr. and
Mrs. J. W. Ross, He was unmarried, and
left twp sisters and two brothers.
Adnm Fudge.
WALLA WALLA, Wash., May 20.
Adam Fudge, aged 55 years, a pioneer of
the Pacific Coast, and for many years a
resident of Endicott, Wash., died In this
city late last evening. The funeral will
take place at Waltsburg under the aus
pices of the I. O. O. F. lodge. The exact
date has not been set.
KNIGHTS OK PYTHIAS.
Grand Lodge to Meet Today Many
v Delegates Present.
EVERETT, Wash., May 20. At 10 a. m.
tomorrow the 21st Grand Lodge Knights
of Pythias will convene at Fraternal Hall.
At 10 a. m. the Grand Temple of Rath
bone Sisters will convene at Odd Fellows'
Hall. At 1- p. m. there will be a grand
parade of the Grand Lodge, Temple offic
ers' delegates, uniform, rank and subor
dinate lodges. Fully 500 delegates and
vlsltlnsr members of the Grand Lodge are
here and the city is decorated from end,'
to end.
Jallns Joseph.'
ALBANY, Or., May 20. Julius Joseph, a
prominent Hebrew, died here tonight,
aged 63 years. He came here from Michi
gan In 1867.
SALMON PACKERS DISAGREE.
Dissension Among Directors of the
Columbia. River Association.
ASTORIA, Or., May 20. A meeting of
the Columbia River Packers' Association
was held this afternoon and evening.
Members refuse to give out 'what took
place, but say that no dividend was de
clared or business of importance trans
acted. A rumor is afloat that there is consider
able dissension in the board relative to
the management of the association's af
fairs, and one of the directors volunteered
the remark that today's session was a
"warm" "one, though he"would give no
details.
As near "as can he learned, when the
combine was formed an agreement was
made that one firm should sell all the
pack, and also that all salmon not sold
at the end of the year should he paid for
by the selling agent. It appears that 30,000
cases of last year's pack are still unsold,
and the association has thus far received
no pay for them. It is also asserted that
certain of tfie directors desire to -turn
the association plants xjver to the Onffroy
syndicate, together with the 20,000 cases
of salmon. Several of the directors are
said to object seriously, and a fight is on.
No annual meeting- of the stockholders of
the association has yet been called.
DIspnte Has Rlfifcn Frbni a Recent
Decision of the Supreme Court
of "Washington.
05- -
ATOHLA., May" 20. Doggers on" the
Lo.weF .Columbia River are considerably
agitated ' over the "recent decision. o? the
Supreme Court of Washington in th'e'case
of E. H. W-a4kls-et al. vs. Thomas and
William Dorris. This- was a contest over
the use Pf the Elochoman Hlver for the
floating, of s'awlogs'. ' The decls'ldn has
been construed as holding that the ripar
ian proprietors are the absolute owners
of the beds and banks of a stream, and
that logs cannot be floated "down such a
stream unless It shall first have heen-
condemned.
Timbermen have , always maintained
that on such a stream the riparian pro
prietors have only a qualified ownership
of the beds and banks below high-water
mark, and that up to such line the right
of the public to use the stream for float
ing logs Is a paramount right of naviga
tion, which cannot be prevented "If rea
sonably exercised. Also that ths use of a
dam la aid of floating logs Is a reasonable
exercise of that right, provided the water
is not raised above the line of high-water
mark In the well-defined banks of a
stream.
The farmers assert, however, that the
decision in this case holds to the con
trary; that they are the absolute owners
of the beds and banks of streams, and
that logs cannot be floated down these
streams unless the courses have first
been condemned for the purpose. The
case in which the decision was rendered
was brought to recover damages because
the defendants' would not remove obstruc
tions in that part of the Elochoman River
running through the defendants' prop
erty, so that it could be used to float logs.
The part of the court's decision which Is
differently Interpreted by the contending
parties reads as follows: . "But neither I
corporation nor Individuals can Interfere . attached, for collection, could be legally
with the soil in a stream of the charac- I extended by the County Clerk upon the
ter of the Elochoman Creek, the bed of tax roll of 1901, Issued to the Sheriff In
which is owned by the landowner, without
the owner's consent or by the operation
of law, with due compensation made. The
same reasoning applies with greater force
to the use of the banks of tho stream."
Much litigation1 is expected to occur oyer
this matter, as a strict enforcement of
the law under this decision would result
1902. This would be the first tax roll de
livered to the Sheriff after the levy of the
special tax by the school district."
Received at Penitentiary..
SALEM. Or., May 20. The sheriff of
Crook county and a deputy today brought
two prisoners to the penitentiary, the
in ine closing oi a nuraoer oi large ius- , nr,.nT,a - Tp,a n.vInr wh. -in .rv.
suits based on these : " .. - y ..,. ',. t j -,-, T
glng camps. Two
contentions have already been com
menced,, and several others are pending.
TAX JUT BE CARRIED OVER.
Special School Levy May Legally Be j
v Extended to the Xcxt. Year.
.SALEM,. Or,. May 20. Attorney-General
Blackburn today rendered an opinion at
the request of Superintendent ,ot Public
Instruction Ackerman in which he holds
that a special tax levied In March, 1901,
after the 1900 tax roll has been turned
over to the Sheriff, can legally be ex-
tan "a e-n -icl n-r n1T lr 1QA "TllO nntn.
Ion quotes the act of 1S93, which requires J
all taxes to be collected by the Sheriff,
and also section 4 of said act, which pro
vides that each school district shall noti
fy in writing the Clerk of the County
Court within which suoh school district Is
situated, of the rate of per cent of the
tax levy made by It. on or before the first
day of February In each year. This re
port shall be kept on file by the several
clerks and remain a part of the Teeords
of the office."
Section 5 makes it the duty of the
County Clerk to extend the levy on the
tax roll. Commenting upon the provi
sions of the law. Judge Blackburn say:
"The only condition precedent to this
extension of the tax on the roll by the
County Clerk of the county Is that the
notice of the rate per cent of such tax
lew on or before the first day of Febru-
ayrr In oar.fi voir Triltct- Via Hvon rT,lieT"f I
Js no limit to the period of time within
which such notice must be presented
prior to February of each year, whether
one month or nine or ten months.
"In my opinion, therefore, the special
school tax levied by a school district In
the year 1901, after the tax roll for the J
year ISO, nad been placed In the hands
of the Sheriff, with the regular warrant
18 months for stealing mules, "-and D. L.
Brurler. who will serve a life term for
murder in the second degree. The total
cost of bringing the prisoners from Prlnce
vlllc To Salem was 5202.50.
Crop Will Be Latfjc.
DALLAS, Or., May 20. The, growth pf
grain and vegetables Is the finest seen for
many years. The fruit crop bids 'air to
bs abundant, with the exception of pears
and some varieties of early apples. Cher
ries and prunes wllf-be a full crop. There
was much rain yesterday and last night
a heavy frost. Fruit and gardens do not
appear damaged.
Hlx Headquarters at Dallas.
DALLAS. Or., May 20 Colonel Wheat,
financial agent of tne Salem & Pacific
Railroad, was In Dallas several days last
week and Is reported to have said that he
will come to Dallas to remain durlne the
j time the Falls City branch will be built to
i Dallas.
Hail at Dayton.
DAYTON, Or,, May 20. Heavy wind,
rain and hall visited this district at in
tervals yesterday. The storm lasted all
day Slight damage was done to fruit
but reports come In that In some places
considerable fruit was swept from the
trees.
Many Immigrants.
DALLAS, Or., May 20. Many residence
and farm transactions have been made
this Spring. More peopItTare arriving this
Spring than ever came before in any one
season.
Scalp Bounty Tax.
SALEM, Or.. May 20. Wallowa county
today paid mto the state treasury $717.78
of its scalp bounty tax.
Sale ot Timber.
ASTORIA, Or., May 20. The sale of the
timber lands owned by M. J. Kinney on
Big Creek was consummated todajv The
tract consists of about 3000 acres of choice
timber. Neither the name of the pur
chaser ncr the price has been made pub
lic. The price Is thought to have been
about fGO.000.
Portland Costom-House "Work.
WASHINGTON, May 15. The supervis
ing architect has authorised the Charles
B. Kruse Heating Company to encase
with concrete certain iron beams in the
main boiler foundation of the new Port
land Custom-House, for which an ad
ditional allowance 'of ?73?2 is made.
kByThe Knowing . wKKl J
'Flpps8BM . ESBERG-GUNST CIGAR CO. j
I iffl M-- " Y 'nH Distributers, Portland. Or. 1