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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 16, 1901)
THK MORNING OKEUUJN1AN, TUESDAY, JULY 16,- 1901. Water rights defined fcUPXEME COURT LAYS DOWN RULE IN BASTERN .OREGON CASE. Firt Settler Upon Land Through. "Wltlck Stream PIotts Controls It for BcBcSclaZ Purposes. JALEM. July 15. The Supreme Court to day handed down seven decisions. The Sower courtB were upheld In three cases Wnd reversed in four others. Following- are the decisions: Asa L. Brown et al.. respondents, vs. L. "B. Baiter et aL, appellants, from "Baker 'County, Robert Eakln, Judge; affirmed. Opinlon by Justice Moore. "Willow Creek rises In the Blue Moun tains, flows through the arid lands be longing to the parties to this suit and empties Into Powder River. In the Spring it carries 400 Inches of -water, miners Jineasurepient, but In the Summer only j30 inches. In 1S64 plaintiffs predecessor diverted water for irrigation of his land iand later increased the supply of water t by tapping other streams and a swamp t the head of "Willow Creek. In 1S92 de fendants diverted 25 inches of water from Willow Creek above plaintiff's land, and In 1896 diverted 40 inches. Plaintiffs al leged" that this was an infringement of .their rights and brought this suit for an Injunction. The lower court found that the plaintiffs were entitled to 195 Inches of water up to July 15 and 130 inches thereafter, and enjoined the defendants J from Interfering with the flow or this (quantity of water. The Supreme Court af .ffrms this decree, laying down the fol lowing rule of law: 'The first settler upon public land through which a stream of water flows Jsnay either divert the water and use It 'for a beneficial purpose, or exercise the common law right prevailing in the Pa cific Coast states, where the modified rule 'of riparian ownership is still in force, and Insist that the stream shall flow In its natural channel undiminished in quantity, except when applied to the natural use of the upper riparian proprietors, ana for Irrigation, If tne stream affords a suffi cient quantity of water for the latter pur pose." H. A. Stephens and J. S. Brice, appel lants, vs. Frederick Wood, Paul Berthon, C. A. Johns and The Flick Bar Placer Mining Companv, from Baker County, iRobcrt Eakin, Judge; reversed. Opinion Tby Chief Justice Bean. In 1696 Stephens and Brice entered Into )a written contract with defendant Wood to sell him 2G0 acres of unpatented mining land with certain water rights, for J50.000 Deeds were placed in a bank to be de livered upon tne payment by Wooa of 325,000 cash and tno execution jof a mort gage to secure the balance. Before the payment became due the contract was modified, reducing the purchase price to ?4000frand extending the time to Decem ber 1, 1F97, and guaranteeing that the ground would yield at least 10 cents per cubit yard. The first payment was made, the deeds delivered to the bank, and Wood entered Into possession of the land. .As the mortgage was not executed, the deeds Were not delivered to Wood. Some differences having arisen regarding the contract, the parties met in June, 1897, and it was agreed that the balance of tne pur chase price should be reduced from $20,000 to 513,500, and, m order to clear title, that the property should be conveyed to Johns as trustee, who should acquire "certain adverse claims with th $11,500 which Wood agreed to advance to him as a part of the amount remaining due the plaintiffs, and who" should apply for a patent and prose cute the application with diligence. It was agreed that Wood should bear all ex penses of the patent proceedings, and that the balance of 513.500 should be due when final receipts had been received from the land office. The expenses amounted to $11,819 25. In applying for the patent 15 acres were omitted by mistake and de mand was made by the plaintiffs and Wood's representative that this land be applied for. No such application was made, however, because neither party would bear the expense. After Johns, the ' trustee, has acquired title to all but the 15 acres, plaintiffs demanded the balance of $1630 75. Wood refused to pay. This suit was brought by plaintiffs to secure a .reconveyance of the land or such other Tellef as might seem Just. The lower court decided in favor of Wood, holding that the balance was not due until the land had been patented, and that it was not wooa s amy to pay tne expenses ui , patenting this 15-acre trart. The Supreme Court holds that plaintiffs are not entitled to reconveyance, for the 1 reason that they have not tendered re payment of the money. The point upon which the case is reversed Is whether plaintiffs are entitled to the balance of the money. It is held that the trustee should have made diligent efforts to se cure a patent to the 15-acre tract, and that since- he did not do so, Wood cannot be Telleved from the payment of the balance. The decree of the Supreme Court is that the balance be paid to the plaintiffs. The Western Loan &. Savings Company, appellant, vs. L J. Houston and A. A. Houston, respondents, from Baker County, Robert Eakin, Judge; affirmed. Opinion by Justice Wolverton. The defendants executed to the Home Building Loan Company, a domestic corporation. t,hir note for $800. to be paid with 6 per cent Interest at the maturity of four shares of the capital stock of said company. To secure this they gave a mortgage on real property, and also as signed the shares of stock as additional security, agreeing to pay such assess ment!, due&, fees, installments and fines as should accrue under the by-laws. The Western Loan & Savings Company be came the owner of the note and mort gage and foreclosed. The decree was for a. smaller amount than was thought due, and the company appealed. The Supreme Court holds that this transaction wa6 not such as is contem plated bv the law granting special privi leges to building and loan societies, "but was merely a loan. The Interest, together with the "fines, dues, Assessments, fees, and Installments," amounts to 13.8 per cent per annum, "which Is usurious. Tho court holds that the debtor Is entitled to have all payments made, credited as pay ments upon thi loan. 'The court below followed this "rule, except that It con sidered the fines accumulated as penalties for failures In making prompt payments. This is held to be as favorable to the ap pellant as it could ask under the law. State of Oregon, respondent, vs. Charles Edward Slmonls. appellant, from "Union County, RoDert Eakln. Judge; reversed. Opinion by Chief Justice Bean. Defendant was charged with ''attempt ing to kill by means pot constituting an assault." The offense charged was the giving of poison to Miss Howell and Miss Wallace on June 11, 1900. Defendant was tried twice. The first time the Jury dis agreed and the second trial resulted in a conviction. The question on appeal Is as to the competency of the testimony "of Dr. Merracle, who ave expert testimony regarding the nature, of the drug given to the girls. It was shown that he is a practicing physician, duly admitted to practice, but the court holds that this is not sufficient to authorize him to give expert testimony. Under the act of 18S9 all persons who were then practicing in the state were admitted to practice with out examination as to their knowledge of medicine. For all that appeared, Dr. Mer racle may have been of that class, and hence the court holds that It was not shown that he was competent to give ex pert testimony. The Supreme Court's defi nition of an expert witness Is "One who has made the subject upon whh5h he gives an opinion a matter of particular study, practice or observation. He must have a particular and special knowledge upon th subject, and his competency, which is a question for the court,, .must be shown before he Is premltted to testify." Dr.. Merracle ijas also permitted to give his opinion upon certain,, facts without stating these facts to the jury. This is also held to be error. The case is ordered remanded for a new trial. J. B. Perry, respondent, vs. "William Ghoulson, appellant, from Umatilla County, S. A. Lovell, Judge; reversed. Opinion by Chief Justice Bean. Held, that in an action in a Justice Court the docket entry Is the proper proof that a summons was issued prior to the issuance of a writ of attachment, and that a summons In the form required Toy the act of 1S93 was not open to collateral attack. D. Sommer, appellant, vs. H. "W. Oliver, D. T. K. Deerlng and John Sheaks, re spondents, from Union County, Robert Eakln, Judge; affirmed. Opinion by Chief, Justice Bean. Held that under the. statutes, a verdict of a Sheriff's jury is a complete defense against a claimant for property attached, when the Sheriff gave the claimant due notice of the time when the trial would be had before the Sheriff's Jury, and the claimant made no appearance. The claim ant had given the Sheriff written notice of his claim. M. C. Hunter, respondent, vs. Grand Ronde Lumber Company, appellant, from Union County, Robert Eakln, Judge re versed. Opinion by Justice Wolverton. Held, that where a riparian owner seeks to recover damages for injuries to her property by floating logs, she must al lege and prove negligence upon the part of the person floating the logs. Haines vs. "Welch, 14 Oregon 319, overruled In this respect. Other Cotart Order. Minor Orders were made today as fol lows: Charles A. Batson, permanetly admitted upon motion of J. L. Rand. H. Wollenberg, respondent, vs. J. F. Rose, appellant; respondent allowed until September 2 to file brief. John "Yyers, respondent, vs, Charles Mcllqulst, appellant; respondent's time to file brief extended to July 20. L. Oldenberg, respondent, vs. Oregon Sugar Company, appellant; same order. Rosa B. Richards, respondent, vs. Meier & Frank Company, appellant; respond ent allowed until September 1 to file brief. State of Oregon, respondent, vs, Ezra Cloestock, appellant; respondent allowed until August 1 to file brief. Set for Trial. Cases were today set for trial in the Su preme Court as follows: July 29 Smith vs. Day and Windle vs. Hughes. July 30 Carson -vs. Lauer and Cotterlin vs. Bush. July 31 Watson vs. Southern Oregon Company and Dunne vs. Portland Street Railway Company. Augusn Melnert vs. Harder and Young vs. Hughes. PROGRESS OF A LIVELY DISTRICT. Every Indlcntlon of Mining- Activ ity In Vicinity of St. Helena. KALAMA, July 15. H. W. Elder, owner of the Snow Lake group, reports that his trip to Portland, In the Interest of these mines, was entirely satisfactory. The negotiations, through his attorney, for the development of the property, have re sulted so favorably that active operations will be Immediately resumedt The Winchester claim, lying adjacent to the Sweden group, has been taken over by that company and will be developed along the same lines. The last acquisi tion is a valuable link In the chain of mines that form the Sweden property. Development work upon the Apex, the latest addition to the Sampson group, is going, merrily on. W. W. O'Connor re ports prospects so bright that as soon as additional appliances can be brought In the working capacity will be doubled. On the 10-clalm Germanla group 200 feet of preliminary drift Is In progress. This is near the Polar Star, and Manager W. A. Gray expects values in the same ratio as are promised by that rich propertj. Mr. Gray is also interested largely .in the Grizzly claim, in connection with Isaac W. Shultz. The subscription trail is being opened with a rapidity that indicates a buoyancy of spirits, and confidence In the future of this region. Work on the Cascadia properties Is booming. The introduction of the .new drills greatly expedites the work. The Polar Star improves steadily, as greater depth Is secured, and arrangements have been made to bring out 500 pounds of ore per -week, in order that definite values may be ascertained as the cut deepens. The Goat Mountain people have erected a commodious cabin and are doing 500 feet of tunneling. Their big drill will "be on the ground In a few days, and as they are working double shifts, day and night, things are forging ahead rapidly. The Chicago properties are showing up splendidly. The vein widens and grows steadily In value with depth. A crosscut of 700 feet Is to be driven, which will give 10C0 to 130D feet depth, and open upon the rich vein that intersects the original Chicago lead at right angles. Quotation of Mining: Stocks. SPOKANE," July 15. The closing- quotations of mlnlnff stocks today were: Bid. Ask.) Bid. Ask. Amer. Boy 0 7 I Morrison 3U 3 V. Blacktall 1U-. nwnrnn. MauQ... i Butte & Bos., tfc IUQuIId 22U 20 37 0 2H 3 8 1SH J? Crystal 3 Conjecture ..8 Deer Trail .. 2 Gold Ledge .. 1H L. P. Surp... 5, Mtn. Lion ...24 Morn. Glory. 34 0M,iRamb. Car ...SOU BMrlRepublic 3 SHiHeeervatlon .. 14 li.R088. Giant .. 2 6 ISulllvan 7 23H,Tom Thumb. ..13 3k!Wondrrul ... 3 SAN FRANCISCO. July 13. Official closing quotations of mlnlrg stocks: Alta $0 01 Andes 2 RMcher 7 Occidental Con ...SO 03 Ophlr 05 Overman 15 Potosl s Bavage 0 Sag. Belcher 1 Sierra Nevada ... 16 Silver Kill 27 Standard 3 00 Caledonia 30j Challenge Con ... 21 Chollar g CVinfldence ...... S3 Con. Cal. & Va... 1 80 Crown Point .... 7 rcmild Jfe Currr. .. 17 Union Con Hale & JCorcross. 10 Justice , J Mexican 1 Utah Con ..... Yellow Jacket TsEXV YORK. July 15. Mining: stocks today closed as follows: Adams Con $0 13iLlttle Cntef 0 12 Alice 451 Ontario 0 00 Breece 1 25Oph!r 60 Brunswick Con .. 12 Phoenix 10 Cometock Tunnel. 5 Potosl 3 Con. Cal. & Va... 1 DOlSavag-e 0 Dead-rood Terra... 501 Sierra Nevada. ... 15 Horn Silver 1 35 Small Hopes 45 Iron Sliver 5S1 Standard 3 25 Leadvllle Con .... 51 . BOSTON, July 16. Closing quotations: Adventure ,.-.$ 2 SOIOseeola $ $9 00 Blngv Mln. Co.. 21 DO Farrott 52 00 Amal. Copper.. Ill DOjQuincy 172 00 Atlantic 36 00 Santa Fe Cop... c 50 CaL & Hecla... 780 00 Tamarack 30 00 Centennial .... 27 tiOJTJtah. Mining- ... 29 CO Franklin 17 OOfWlnona 2 50 Humboldt 23 00 Wolverines 58 00 Scientists' Work Nearly Completed. SEATTLE, July 15. The party of scien tists which has been engaged In original research and the collection of botanical specimens at the station maintained by the University of Minnesota on the west coast of Vancouver Island, will finish Its Summer's labors within a week or so. Two new species of algae, a form of ma. Tine-plant life, have been discovered by the scientists. Many rare specimens have been collected. The party Is headed by Professor Conway MacMlhan, of Minne sota, a recognized authority on botanj. Miss Josephine TUden, also noted as a scientist, Is with the expedition. Telephone to Bine River. EUGENE, July 15. A. Ingcrman, of the Pacific States Telephone & Telegraph Compans. has been in Eugene a few days looking after the company's Interests and Interviewing the business men and mine owners in regard to putting in a telephone line to the Blue River mines. He has met with considerable encourage ment and thinks the line will bo con structed within the next year. SAVED FROM THE GALLOWS SENTENCE OF "DIAMONDFIELD'" DAVIS TO BE COMMUTED. He "Was to Have Been Hanged Wed- neaday for Murder A Celebrated Idaho Caac. BOISE, Idaho, July 15. The State Board of Pardons today unanimously decided to commute the sentence of "Dlamondfleld Jack" Davis to imprisonment for life. Da vis was under sentence to hang Wednes day for the murder of two sheepmen in Cassia County In February, 1895. The case is one of the most celebrated In the history of the West, and has been before all the tribunals In regular order from the District Court of Cassia County to the Supreme Court of the United .States. Davis was convicted in April, 1897, and sentenced to be hanged. In 1898, when the case was berore the Board of Pardons, J. E. Bower and Jeff Gray confessed to hav ing committed the crime, saying It was done in self-defense. Upon the theory that they were telling the truth, Davis' attorneys struggled hard for the pardon of their client. Gray was" tried for the crime and acquitted. The great Sparks Harrold Cattle Company has backed the defense throughout. YUKON GOLD SHIPMENTS. Five Million Dollars Have Been Seat to the Outside This Year. SEATTLE, July 15. Advices from Daw son under date of June 28 state that the gold shipments to the outside this year have amounted to $5,OOd,000 to date. Over $3,000,000 of this sum went down the Yukon, and is" going out by the way of St. Michael and the remainder has gone up the river. The Bank of British North America Is this year shipping down the Yukon, and the Canadian Bank of Com merce is shipping In the opposite direction. These are the only two banks doing busi ness In the camp. Individuals taking out dust nearly all go by the upper-river route. Seattle, as In previous years, is this 'year the destination of the greater portion of the gold. The Alaska Pacific Express .is the only express company In the field, and Is tak ing out practically all the shipments of consequence by the upper river. It ships on the White Pass & Yukon Railroad Company's steamers. The express rate from Dawson to Seattle, on individual shipments above $1000 In value, Is of 1 per cent. Banks are given lower rates. This charge covers Insurance In full against loss by sea, river steamer or rob bery; in other words, th full Journey from Dawson to Seattle, The rate on In dividual shipments last year was one-half of 1 per cent higher than this year. News has just been brought from the mouth of the Hcctallnqua River by steam er that a placer strike has been made on Lake Creek, tributary to Lake Teslin, the source of the Hootallnqua. No particu lars have "been received here as to the nature of the diggings or the amount of gold obtained. Ground on the Yukon River, between Twelve-Mile. Creek and Fifteen-Mile Creek, applied for by Walter T. Myles for hydraulic mining purposes, has been closed against placer location. Ground 2 miles by one mile in area on the shore of Gravel Lake In the Klondike district, applied for by A. W. Taylor and others, for hydraulic mining purposes, has also been closed against placer location . Hams, potatoes, cream and all kinds of fruit are celling in Dawson at exceedingly low rates, and traders are losing money. Cherries, peaches, apples and other fresh fruits are plentiful. Wesley Brawdy, aged 22 years, was swept from a raft on the Yukon River a short distance above Dawson last wecK and drowned. J. W. Lowes, a native of Toronto and a resident of British Columbia, was drowned near Big Salmon a few days ago. He was on a scow with eight others. The craft ran Into a bad channel and was wrecked. The others were rescued. Orln D. Merry man, a native of Marysvllle, Mo., was ac cidentally drowned at Eagle July 2, by the capsizing of his canoe. PAYDAY FOIl SOLDIERS. Men at Vnnconvcr Received About 520,000. VANCOUVER, "Wash., July 15. The sol diers of the Twenty-eighth Infantry to day received their pay, which was a short time overdue. About $20,000 was dis bursed by the Paymaster to the 1200 or more coldler boys now stationed at Van couver Barracks. The delay of this month's payment was occasioned by the mustering out of volunteers at San Fran cisco. Concert ljr Army Hand. The Twenty-eighth Infantry band ren dered a fine programme at the concert given at the City Park yesterday after noon, which was listened to by an Im mense crowd. This was the first of a se ries of Sunday concerts to be given by the band. These concerts have been ar ranged for by the business men of Van couver. CIRCUIT COURT AT HILLSBORO. Justices Entitled to Ten Cents Per Mnn for Swearing a Jnry. HILLSBORO, Or., July 15. Hon. T. A. McBrlde thlB morning opened the July term of Circuit Court for Washington County. A decision of Importance vaa rendered In a case wherein a Justice of the Peace had sued the county for fees alleged to be due under the statute. The Judge held that a Justice was entitled to 10 cents per man for swearing In a jury. The county had held that but 10 cents was due, and all were sworn at once. It was also decided that where several witnesses were Included on one subpena. but one charge of 25 cents was to he allowed. A. Hlnman was denied a preliminary in junction in the case where he brought suit against the City of Forest Grove, asking that the city be restrained from making a contract with banker B. W. Haines for the furnishing of electric lights for municipal purposes. SCHOOLHOUSE WRECKED. Charge of Dynamite Placed Under a Lane Coimty StrnrtHre. EUGENE, Or., July 15. The Ping Yang schoolhouee, on the Mohawk Rlvsr, was almost destroyed last night by some mis creant, who set a charge of dynamite for the purpose of destroying the building. The desks and furniture were reduced to splinters, and the building badly dam aged. Suspicion points to certain men, but no arrests have been made. It Is sup posed to be the result of an old feud, which has existed since the location of tho building on Its present cite. At that time there was a. bitter controversy oVer the location of the building, and there have been several attempts to destroy the building. An Investigation is being made by the Sheriff. MOTHER AND $ON LAID TO REST. Former Died From Grief Over Acci dental Death of Latter. CORVADLIS, July 15. The unusual spectacle occurred here yesterday after noon of a funeral In which a son, shot by accident, "and a mother who died 7rom the Intense grief and worry resultant from that accident', occupied caskets ly ing side by side In the fame house of mourning. The bodies were taken to the cemetery In a funeral train, at the head of which were two hearses, Instead of one, and were lowered Into graves side by side in the same burial lot on the same occasion. The son was Medford A. Moore, shot by accident at Prlncvjlle, last! Tues day and the mother was Mrs. Moore, who died at The Dalles Friday. Tha funeral occurred at 3 o'clock vestar. day aftcmodn, from" the home oi Mr. and Mrs. S. N. Wllfclns, and It Is estimated that 500 people Vewed the remains. The servicer was conducted by Dr. Thompson, of Independence. On t each Casket there was a profuslbn of floral offerings, notable among which were emblems Offered by the A. O. U. "W. and f. O. O. F. societies, In which the son held membership. Dsrtth Drc to Heart Troablc. FOREST GROVE, Or., July 15.-Jatnes Fox, aged 70 years, died sdddenly at Greenville thi3 morning In a barn belong ing to Dr. M. H. Parker, where -he, had been sleeping, since leaving the Washing ton County Poor Farm a few weeks ago. Coroner W. P. Via was summoned, and, from the evidence, it was decided that Mn Fox died of heart trouble, or which he had been, a sufferer for years. Interment will be in the Wllks cemetery tomorrdw. SOUTHERN OREGON CHAUTAUQUA. Second "Week of Ashland Mcetingf Opens With Increased Attendance. ASHLAND, Or., Juiy 15. The second week of the ninth assembly of the Squth-, em Oregon Chautauqua finds still Increas ing audiences In attendance at all the sessions. Dr. Ward Beecher Plckard, of Cleveland, O.. delivered his lecture on ."Ships That Pass In a Night." The Park sisters, who are pronounced the finest at traction thus far, gave another of their unique concerts this evening, and many were unable to gain admission, so great favorites are they. Their entertainment is far out of the ordinary, and so pleased tho audience that repeated encores were demanded and given. Northwest Pensions. WASHINGTON. July IL Pensions havo been granted as follows: Oregon Original George H. Baugh, Prairie City, $6. Additional Luke D. Blount, Hood River, $6. Increase "Walter P. Powell, Ashland. $14; Edward M. Story. Tollman, $8. Original widow-., etc. Spe cial act June 26, Sarah F. Henderson, Sa lem, $3. Washington Original Francis M. Moore, Hcsseltlne, ?6 John Braden, Walla Walla, 8; Buel F. Smith, Coulee City, $6. Increase Francis W. Gelger, Pometoy, $12; Reuben Crocker, Green Lake, $10; Samuel C. Ward. Tumwatter, $14; Joseph Smith, Kalama, $12. Original widows, etc. Nancy Palmer, Walla Walla, $12; special act June 26, Mandane M. Otis, Spokane, 6; special act June 25, Lydia Golden, Dler inger, $S. Idaho Original Reuben W. Gllllland, Delta, $6. s "Wheat Outlook Much Improved. DALLAS, Or., July 15. The wheat out look Is much improved. Fall grain now promises to be an average crop. Oats are looking fine, and will be more than an average crop. The acreage tnis year is mucn larger man usuai. .. -;. uavm, of the Ballston warehouse, says 25 or 30 bushels of wheat will be raised In this dlotrlct this year, as against 10 laBt sea son. Clover hay is well under cover, and has been saved In fine condition. The July dropping of prunes has com menced. The crop is abundant, and a part must fall to Insure a good quality of fruit. Crops About Gervaia. GERVAIS, July 15. The grain crop -will be fully an average one. The grain Is heading out nicely. Averages o 25 bushels to the acre are predicted, while oats will yield at least SO bushels to the acre. The hay crop is assuming greater pro portions than was at first suppoged, and there will be a Jarge surplus for -export. The quality is ex'tra gocd Hops continue to make a good showing, but will be a light crop. The quality can not help but be the beat and will fully equal the 98 crop, which was a choice 95 per cent. Few contracts are being made even at offerings of 12 cents, and in pome localities yards are blooming. Campmeetlng Cloaca. OREGON CITY, Or., July 15. The Spir itualists' campmeetlng closed at New Era last night, after being In session nearly three weeks. The following officers were elected for the ensuing year: President, George Lazelle, re-elected, of Oregon City; vice-president, George Love, of Portland; secretary, Miss LOrena Lazell; correspond ing secretary, A. Luelllngj treasurer, John Burgoyne, of New Era. SaTvmlll Accident. EUGENE, July 15. George Nicholson, aged about 40 years, an employe of the Booth-Kelly Lumber Company at Wend llng, suffered a broken leg Friday after noon. He was driving a team dragging a pole In the road, and In turning a cornet the "dog" slipped out, causing the poIb to strike one of Nicholson's legs, breaking it. Governor Aalted to 31 alee Visit. SALEM, Or., July 15. Captain W. T. Burwell. Commandant at Puget Sound Naval Station, Bremerton, Wash., has In vited Governor Geer to make a visit to the station while the battle-ship Oregon is th6re for repairs. The Governor will probably accept the invitation. Bis Strike in Coenr d'AIene District. WAL-..CE, Idaho, July 15. The Hum ming: Bird Mining Company yesterday cut three feet of shipping ore In Its mine, near Burke. It is the biggest strike in the Coeur d'AIene in years, except at the Hercules mine. BrosKht to the Aayl-sin. SALEM, Or., July 15. Walter Clark, aged 21, a resident of Milton, was brought to tho asylum today on si commitment from Umatilla. Oregon Notes. Milton is trying-hard to get a cannery located there. A lodge of Lions was organized In Al bany last week. The Junction City flouring mill ha closed down until harvest. Florence people are working for more adequato protection against fire. Wagonoers are doing a heavy wool freighting business out of Lostlne. The Crook County Court paid bounty on 740 coyote scalps at its last session. Bob White quail have been seen in small coveys near Lostlne, WallOwa County. Numerous bands of sheep are headed for the Summer pastures in the Green horn Mounatlns. The Booth-ICelly Lumber Company started a log drive down the McKenzlo River from Dutch Henry's to the Co burg sawmill Monday It contained over 300,000 feet. Charles Smith, of Sumpter, had the misfortune to break several bones In his left leg, Just above the ankle, by catch ing It in a tree stump while driving In from the Mammoth mine. It is reported that the Rouse-Geer Saw mill, on the Coast Fork, has been, sold to Campbell & Alexander, of Comstock, for J1000, timber land included. It is ru mored the mill will be removed to La tham. ' In the Pioneer day parade at Union, Dunham Wright carried an ox yoke which his oxen wore across the plains in I860. It was made from a white oak tree, which grew on the Charlton River bottom, in Iowa. F. M. Woodfin, of Trail Fork, met with an accident while branding horses in the corral several days ago. He had roped one and thought he was clear of It, but the animal reared and fell on his left leg, dislocating the knee. F. Ganger, who resides on Birch Creek, 12 miles southwest of Pendleton, seeded only one acre of brome grass on alkali I land, and cut three tons of. hay from it this season. Scarcely anything but bronie Krass would have arrown: an. th land TENTSDiSAPPBiRATNOME IN THEIR PLACJE ARE CABINS OF ALL KINDS AND SIZES.. Prospectors Gains In., This -Year arc Not at the Tenderfoot Class Good Order Prevails. 2sOME, Alaska. Junfr 29. (Special cor respondence.) The tents which dotted the beach for miles last season have disap peared. In their stead are cabins or all sizes ahd kinds &16ng the main street to ward Nome River. On the street there is an absence of the bewilderment which too plainly niarked the faces of the crowd of 1900. and the town has taken on an air of permanence. The weather for the juist week has been rainy and disagreeable and In consequence but few men have set out for the back districts. At this date St. Michael. Gol ovln Bay and Port Clarence are still closed by ice. When the weather settles there will he a general stampede and the crowd will Scatter to the various outlying dis tricts. Many of the smaller merchants will this season turn miners, for there Is no question that business Is overdone. Of the ouUylng districts the MongrOck is attracting most attention, and on its suc cess depends largely the ruture of the new town of Teller. The success of those who engaged in Winter mining Js attract ing much attention and there will be a large number of Claims worked the com ing Winter. On most of the claims work ed last Winter only about one-half of tho ground had to be; thawed out and progrebs was more rapid than was expected. One day this week $SO,000 In gold dust was brought In from a beach claim on Nak kala Gulch as a result of the Winter's work. The beach this season Is being neglected, and In general Interest is Cen tered in the creeks. Order rt Nome. Is well maintained this Spring and there have been no serious offenses. The main .streets are being planked and now present quite a respecta ble appearance. It is hoped that the com ing season will witness an absence 6f the litigation which interfered so much with development last year. During the late storm the town if Mary's Ikloo was inundated by the form ing "of an ice jam during the night, and the inhabitants rushed half dressed Into the freezing water and waded to higher land.. Fortunately the water did not reach a sufficient stage to sweep away the town. Mrs. Mcllmore, wife of Captain Mell more, is reported to have been drowned at the mouth of Slnrcck River while re turning from a prospecting trip in an open boat. As the snow disappears occasional bodies are found of men who lost their lives during tho Winter storms. Several have been found of Jate within a short distance of town. A few days ago a body In a sleeping bag was seen floating on a, cake of Ice down the Solomon Rlve?v It will probably never be known how many lives were lost, for the disappearance of men Js but little noted in such a shifting population. The people of Teller suffered much on account of a scarcity of uel, and were compelled to huddle together In the sa loons for warmth. These saloons also were used as hospitals, and in one saloon one day were noted six men with different members of their bodies frozen off. One man lost his hand in attempting to light a fire. ' A prospector has Just returned from Kotzebue Sound, bringing information of a strike on Sqirrel Creek, a tributary of the Kobuk. About 200 men are in the neighborhood, and their supply of provis ions Is limited. The Nome Sinook Mining Company Is laying claim to the business portion of Nome, alleging that it located it for mln. ing purposes In 1698-W. Suits for eject ment and for damages have already been commenced in the District Court. During an altercation between George D. Martin and Arthur Howard at Council Cltr the men came to blows and Howard was killed. The Fortlanders In camp seem to have passed the Winter comfortably. Some gooa quartz finds are being re ported and the success of the Winter digging warrants the belief that on these shores will be established a number of per manent camps, the trade of which Port land would do well to look after. ED H. COLLIS. NEW MONEY-ORDER. BOOK. Rural Carriers Can Take Money and Inane a Receipt Therefor. WASHINGTON, July 15. As rapidly as possible, the Postofflce Department Is equipping carriers on rural free delivery routes with a new form of money-order books, whereby carriers will be able to take money from patrons, issue them a re ceipt, purchase money orders at the end of their route, and either mall them for purchasers or tdrn them over next day. This Is not tHe complete money order sys tem It Is hoped may eventually be adopted in the rural free delivery service, but Is a first step in that direction. The books in question consist of an or der and twp stubs, one a receipt given by rural carriers upon tnking money from a patron, and another which is the receipt held by tho carrier when he turns the money over to the Postmaster and secures the order, the Postmaster retaining the third portion of the sheet, or the order made out by the patron. This new service has been In operation for several weeks in the Eastern States, and is now making its way Into the West. Where It has been tried It has proven moit successful, and Is readily taken ad vantage of by patrons of rural routes. Bo rapidly have they taken hold, in fact, that 90 per cent of the money heretofore sent through the malls by registered mall 1b now sent by money order. Besides being" safe, tho new system enables persons to send any amount they desire, including odd change, which was not convenient under the registry system. The depart ment believes the Innovation will be en tirely satisfactory and greatly convenience farmers in all communities having free de livery. IH'KIN"LBY ACCEPTS. Will Be Pleased to Extend Greeting! to Endeavor Conventions. SAN FRANCISCO, JUly 15. President McKInley has sent word through Secre tary Cortelyou that he will be pleased (o extend his greetings to members of the Epworth League on the opening of their national convention In thlis city. He Is also expected to touch a button which will sound the first note of "America" on the grand organ In the pavilion Tues day evening. The tune of the national anthem will then be taken up by a chorus of ,1500 voices, and at its conclusion the message from the President will be read. At 10 o'clock Thursday morning the con. vcntlon will be called to order, and for three days every hour of available time will be occupied with meetings In which all branches of Christian work will be dls--cussed. The general cabinet of the Epworth League has decided to make mission work the main point of emphasis for the com ing year, and ronsequently much atten tion will be pild to this feature during the convention. Charles Vernon Vlckrey, of Chicago, has been placed In charge of the missionary conferences. He will be aided by many men prominent In the mis sionary field. Nearly 10,000 Leaguers have already ar rived in this city, and the railroad com panies announce that over 20,000 more will reach here before Thursday mornlner. More Eptvorth LeaaHcrH Arrive. Several thousand delegates to the Epworth League convention arrived here today, and it is calculated that 3000 del egates have already arrived and that 40,000 more are en route. On 40 special trains, which left Salt Lake City last night and this morning, there are nearly ' ?A(Wi dcleatfta. At least (ttflQ are travel- AUGUST NUMBER 1 OF I CLEVERNESS 1 1 It Contains, Besides lany Other Especially Good Things ASTRANuE 'ND POWERFUL NOVEL. Miss Sylvester's Marriag'e By Cecil CKarles THE LONDON S"CN pronounces the July SMART SET "the brightest number of any magaxlno ever Issued In any country a rejral repat of cleverness that certainly varrants a critic In raln-; that THE SMART SET is the new Itlng of magazlnedom." THE AUGUST MJMBER I.S A5 BRILLIANT A THE JULY NUMBER For Sale by Denier throughout the World. 25 Cents a Number, $11.00 a Year. S L'USCIUBE XO"W. f S- E 5 Publishing Co.. lUi Bro-iway, N. Y.. and 0-93 Fleet 5f., E. 0., london." tlwm i m 1 ing by way of Los Angeles and perhaps -KO0- by way of Portland. On the Santa Fe route there are said to be 1000 people Journeylhg toward this city. From vhese figures, which the railroad officials and local Epworth Leaguers say are authen tic, It Is certain San Francisco will be called upon to entertain 50,000 strangers during the next week or 10 days. FINANCIAL STATEMENT. Ilcports of City Andltor and Treas urer nt Astoria. ASTORIA, July 15. The reports of City Auditor Nelson and Treasurer Carney, for tho quarter ending March 31, were, submitted to the Council at Its meeting this evening. Tho Auditor's report shows the financial condition of the city to be as follows: Indebtedness Municipal bonds $179,030 CO Street bonds 17,672 w Municipal warrants 18.497 63 Street warranto 14.012 34 Total 5223,232 o Resources - Cash on hand ? 22,7(5 15 Taxes outstanding 5.25S 70 street assessments outstanding.. 16,303 oo Total $ 44,553 42 The Treasurer's report shows the re ceipts and disbursements during the quar ter to have been as follows: Cash on hand March 31 J15.7C6 05 Disbursements 26.857 or Committed to the A.sylunit James Morrison was ordered committed to the Insane Asylum todiy. He wa3 found wandering around the water front and a3 his actions showed that he was demented he was taken Into custody. Morrison is 53 years of age and says that he came from Oakland, Cal. He admits having been In the asylum three times, twice at Stockton. Cal., and once at Salem. FISHERMEN DOING BETTER. Ran of Salmon on Loner Columbia Considered Good. ASTORIA, July 15. The gillnetters were very successful last night, as compared to what they have been doing since the opening of the present season. Boats with 500 pounds were common ard the ( general average is called good consider- l ing the price paid. The catches of the I trap men have fallen off slightly, but the seiners are not complaining and the gen eral outlook Is considered good with a fair prospect of there yet being an average pack. A few years ago several thousand young salmon were turned out from the 1 Clackamas hatchery with the adipose fin removed, for the purpose of scientific investigation. Almost every year since some have been caught, thereby ex ploding many theories as to their habits. During the present season 24 fish so marked have been delivered at the cold storage plant of S. Schmidt & Co. ORDINANCE IS VALID. Decision in Test Case GrovrinK Ont of Ashland's Prohibition Law. ASHLAND. Or., July 15. H. K. Hanna. Judge of the Circuit Court of the First Judicial District, today handed down a decision in a test case growing out of Ashland's prohibition ordinance. In which he " holds the ordinance valid. Messrs. Houck and Dame were arrested and fined 1 with other liquor dealers for selling liquor contrary to the city ordinance. They were tried before City Recorder Berrj'. and fined $100 for the offense. They took the case to the Circuit Court on a writ of review, appearing as plaintiffs with the city as defendant. The opinion Of Judge Hanna, is as follows: "Now, on this 15th day of July, 1901, after careful consideration of said case, the Court finds that there was no error of law In the trial of said case In said Recorder's Court, in said city of Ash land, or In the rendition of the decision therein. It Is therefore ordered that the petition of plaintiffs be denied and that the Recorder's Court of the city of Ash land be and It Is hereby directed to pro ceed in ine mauer reviewcu m aucuiuiiute hold 265,000 barrels) and degrees. Fermentation is MNRMHKlwi No green beer ever leaves the Schlitz brewery. If you wish to be certain of an aged beer, get Schlitz, the beer that made Milwaukee famous. 'Phone Main 833 (O.T.Co ) J. Silve ctcae, 603 Cb. Com. Biff, Portland. 1 fc1 v i; with Its decision. It Is further ordered that the defendant have judgment fot costs, and that the clerk of this Court spread on lt3 records the proceedings herein as proc-caings had In vacation. It Is understood that the case will 1 be carried to the Supreme Court. Neiv Idaho PostiiiRHicrn. WASHINGTON, July 13. Idaho Post, masters have, been appointed as follows: Otto B. Flelsher. at Arco, vice R. W. Ferris, removed; Ezra F. Wooley, at Pres ton, vice W. C. Parkinson, resigned. A postoiP.ee has been established at Hol brook, Ontidi County, Idaho, to be sup plied by special sen' ce from Samaria. Fred W. Chrl3tsnsen has been appointed Poetmastcr. Soldier Dishonornbly Discharged. WASHINGTON, July 11. Private Bert M. Bellamy. Ninety-fourth Company. Coast Artillery, Fort Tlagler, Wash., hav ing enlisted under fal?e nrCtenscs. naa i brcn disionorably d scMrged from ;he I errvlce ' fV'-e ! A Perfect Food Drink -'Figprune" made from the choicest fruits and cer- eals grown in California. Possesses a delicate flavor AH ELEGAHT TOILET LUXURY. Used by people of refinement for over a quarter of a century. Success WALL ST. AND Safety in 3"oncy Klnca do not IsTest It Sarnies tianks. hir I VJ-:ToKV rL'XU eniMes Youtonhareblc Oar I VJTU-." ri'NU oniMfS yon tonhareMc croflts of Wj: UiTtor. Dlvldr nrtu nairi 1st end Utt profits of hig Investor. Dividend paid 1st and istb each month. I'arnlnes to H ttnie KTeater than MVTtnfH bancs, investment withdrawn on demand. Sored tape, no amioynm-e. Invcxtlcate thorouuhly atonce. Knilpanleulaifree. Write, or call at once. DAILY INFOaUHOn BUREAU, 32 Broadway, N. Y. 3 '.&: rrr rji. ..' --u wui.' . U-,3. .. jH.I,A CTHESNfeffi ,.Jtw 5 I THEDANDKUrri U-germ! that burrows up the scalp, makinj dandruff scurf, causing the hsir t fall, and finally BALDNESS. You will have NO MORE DAN DRUFF, FALLING HAIR, or BALDNESS If you use NEWBRO'S HERPSOIDE The only Kair Preparation on this absolutely new scientific principle. For sale by druggists. Price $1. iWINEof G3U1PUI I CURES WOMANS I&LS The beer that causes biliousness is "green beer" insufficiently aged. It is hurried from the brew ery to the market before it is half fermented. Drink it and it ferments in your stomach, and the result is biliousness and headache. Fermentation is expen sive, it requires immense refrigerating rooms (ours an even temperature of 34 a process ofmonths. ik Lpn s PERFECT mh Powder J