Morning Oregonian., July 30, 1901, Page 4, Image 4

7-"-
TO OPEN RESERVATION
BIDS TO BE ADVERTISED FOR SUR
VEY OP THE QUINAIT RESERVE.
"Will Probably Be Thrown Open. for..
Homcxtend Settlement "Wlieu
Survey Is Completed.
OLYMPIA, Wash., July 23. Surveyor
General Kingsbury today received instruc
tions from Commissioner BInger Hermann,
at "Washington, D. C, to advertise for bids
for the survey of the Qulnalt reservation
In Chehalls County. The reservation,
when surveyed, will be about 10 townships,
or between 225.400 and 250,000 acres, which
It to be thrown open for settlement, pre
sumably in homesteads, after the survey
is completed and approved.
For several years various people have
been working by petition with the Federal
Government to have the reservation
thrown open, but the order for its survey
comes somewhat as a surprise, It not
being expected so soon. On this reserve
there are about 200 Indians, and each
one of these will be allotted SO acres for
a homestead. All the rest will be open
for settlement through the United States
Land Office at Olympia.
It will in all probability take several
5'ears for the completion of the survey
and its approval by the United States
General Land Office at Wjwhfnptnn tcmk
will be advertised for at once, and let
during: the month of August, after which,
according to Surveyor-General Kings
bury's Intention, work will be rushed so
that as much as possible will be finished
this Summer. The minimum time in which
ithe survey will be completed is placed at
IS months, with a maximum of three or"
lour years.
SO EXD TO THE SALMON.
Present Record Rnn May Continue
to the End of the Season.
ASTORIA, July 29.-The run of salmon
In place of falling off, as has been pro
phesied by the "experts," appears to be
increasing. Deports from all localities
on the lower river show that there were
more fish In the Columbia this morning
than at any previous time since the big
run commenced. In addition, to this word
was received from the lower harbor this
afternoon that a new run was coming
in. The outside traps below Ilwaco have
not been catching many fish until today,
when they were completely choked with
salmon and in many cases the trap own
ers were compelled to cut the web in the
"leads" so that the excess fish could
pass through. While the majority of the
fishermen are keeping their catch as closo
as possible to the limit of 400 pounds
fixed by the canneries, some large indi
vidual hauls are made. One man is said
to have caught 176 fish last night in a
single drift.
With the exception of LIndenberger, the
cold storage man, who has closed down
at least temporarily, all the other hand
lers of fish are operating to their full
capacity. Additional help is being se
cured whenever possible and every plant
is working to better advantage than a
few days ago. Better Judgment is also
being displayed and no more salmon are
received than can be handle. Beats,
traps and seines are all limited and last
night the Fishermen's Co-operative can
nery kept the greater portion of its fish
ermen off the river. Today the men
worked in the cannery and a cleanup of
the surplus fish was made.
The price, which was dropped to 5 cents
per pound yesterday. Is nominally the
same today. That Is, a cannery pays 5
cents for the limited amount from its
own gear and 4 cents or sometimes even
as low as 2 or 3 cents for fish from out
s.de gear, providing It can use them. Seu
fert has a receiving station at the old
Cutting cannery and buys the surplus fish
at 3 cents per pound. He shipped a car
load today to his cannery at The Dalles.
McGowan and Warren are sending about
a carload each day to their up-river can
neries. Remarkable as are the size and contin
uation of the run, it is equally strange
that the high quality and color of the
fish continue. The spawn is hard, lacking
fully a month of maturity, and the sal
mon appear to have no Inclination to pro
ceed to the up-river spawning grounds.
There is certain to be fish enough to
test the capacity of all the plants for. at
least, a week longer and the run mav
continue until the end of the season. If
that is the case the pack will fully equal
that of last season and the output of the
cold-storage plants will be at least 20 per
cent more.
Other Astoria News.
Master Fish Warden H. G. Van Dusen
has returned from a three weeks' trip to
the Oregon coast streams. It was his
first visit to that section and he was
surprised to find what splendid streams
they are for salmon. He believes that
he will be able to double the run of sal
mon in each of these streams within a
lew years.
Judge McBride will hold a session of the
Circuit Court here, commencing tomor
row morning. Several important cases
are to be argued.
The police have not preferred charges
against John Carr, the man who at
tempted to burn the city prison. He
could be convicted of arson and sent
to the penitentiary for a long term.
Bids for the improvement of Com
mercial street, from Sixteenth to Frank
lin avenue, have been received by the
Council street committee. The lowest
offer was that of C. G. Palmberg, whose
bid was $20S6, or $900 less than the next
lowest bidder. S. Normile bid lowest on
the Sixth street Improvement, his
offer being $1258 56. The Sixth street con
tract was awarded to Mr. Normile, but
the other work will not be awarded for
a few days.
CLOSED ON SUNDAY.
AH Businesses in Waila "Walla "Were
Shut, in Obedience to Law.
WALLA WALLA. Wash., July 29. For
the first time in the town's history, all
business houses and saloons in Walla
Walla were closed Sunday in obedience
to law. On Saturday Prosecuting Attorney
Cain announced his Intention of causing
the arrest of every man who kept his
place of business open and the arrest of
all saloon proprietors and barkeepers ev
ery time he obtained evidence that they
had sold a drink. This declaration caused
the three saloon-keepers who had been
keeping open on Sunday, and who are un
der sentence of heavy fines for so doing,
to shut up with the rest. The streets were
very quiet during the day and evening,
though several people gave evidence that
they had laid in a supply of strong drink
on Saturday night.
Baseball Team Disbands.
The Walla Walla baseball team formally
disbanded today. The club paid all ex
penses, including the cost of the prepara
tion of the baseball parkr in this city, and
divided $750. It has the fence and grand
stand at the park and their uniforms,
which represent an outlay of $400, to dis
pose of.
GAME LAWS VIOLATED.
Heport of Illegal Hunting and Fish
ing: on Const Streams.
M'MINNVILLE. Or.. July 29. If renorts
are true, the nraetle. nf huntim -r-
with hounds Is belnsr carrier! nn ptIohcIvo.
ly In the vicinity of Elk Creek, a tribu
tary oi tne nig .Nestueca River. Almost
every day last week the baying of
hounds COUld he hpnrrl. Tho nln la ten.
lated, however, and the chance of catch
ing the offenders very remote. While
making his way up the river recently a
traveler came across a camn at "Hnntor-o
Home" on Elk Creek. In which he found
more than one deer strung up in the sur
rounding trees. Several hounds were
ihere. but the Inmates of the. mmn
taken to the bush, fearful of discover'.
On the Slletz reservation the Indians
ho'und deer unstintingiy. Inspector Qulm
by might also make Inquiry as to camptlre
fishing for trout on both the Big and
Little Nestuccas. Fresh ashes and scat
tered salmon eggs can be found, on al
most every jujting point on many of our
Coast streams.
LIGHT AND WATER TROUBLE.
Hillitboro Arbiter Can't. Agree on
Pnchaac Price of Plant.
HILLSBORO, July 29,-Thls city Is ap
parently no nearer a settlement of the
light and water difficulty than when ne
gotiations were first commenced. The
plant was put in here 10 years ago, under
a contract that the city would purchase
it at the expiration of 10 years or forfeit
its $10,000 Interest. H. V. Gates, president
of the company, has offered the company's
interest to the town for $16,000, the town
in turn offering $11,000.
Falling to reach an agreement, the
town selected W. C. Cheney and the com
pany F. R. Anson as arbitrators, to agree
upon the amount to be paid. These men
have been at wqrk, fpr nearly a month,
and although they have not filed their re
port, it Is generally understood they can
not agree, either as to the value of the
plant or the name of the third man
to act with them, as provided by the ar
ticles of arbitration. The figures arrived
at are practically the same as those of
the Council and Gates In the first instance,
and the situation has only been com
plicated. Other HIHsboro Item.
Griffin's Cabin, Native Sons, is making
extensive arrangements fnr thn ctrnot
carnival to be held here Oetnhpr 3 4 nnrt
5. Over $800 has been subscribed, and
the committee will not cease work until
the $1200 mark is reached.
A fine baseball ground has been pre
pared, and negotiations are now in prog
ress to have two or three league games
played here during the carnival, besides
numerous other sports and attractions.
Sheriff jj. W. Sewell has completed the
collection of "taxes, and is now making
up the delinquent roll. The total amount
collected on the 1900 roll Is $87,106, leaving
a balance of about $8000 now delinquent.
The delinquent roll this year Is the small
est in this county for some years.
TO FORM CANNERY COMBINE.
Sale of Plant to New Concern
in
Portland Thursday.
SEATTLE, July 29. R. Onffroy, pro
moter of the consolidation of Alaska and
Puget Sound canneries, known as the Pa
cific Packing & Navigation Company, ar
rived in the city tonight with the an
nouncement that the sale of the different
plants to the new concern will take place
at Portland next Thursday. The new
company will then enter into full control
of the canneries. No changes will be
made in the present management of the
different canneries affected this year. A.
E. Ainsworth, of Seattle, will be manager
of the combine.
Prunes and Hops at Dallas.
DALLAS, Or., July 29. The prune crop
around Dallas bids fair to be, in quality
and quantity, by far the best ever known.
The shipments from here last season
amounted to 662,000 pounds, but will not
fall short of 1.000,000 pounds this year. It
Is believed that the sizes will at least
average up to 40s to 50s. In many other
respects the crop will bo much superior
to former years. The absence of "scab,"
which, on thrifty orchards, has usually
been a source of considerable loss, is espe
cially to be noted. This season Is re
garded as an Ideal one for prunes In this
locality.
The shipments of hops from Dallas last
years were G40.000 pounds, and the present
season will be perhaps as mucTi, owing
to extra care of the yards and a slight
increase of acreage. The quality, accord
ing to the opinion of the best-informed
growers, will be tho very best. The crop
will be harvested with greater care and
more expeditiously than ever before. Many
new kilns have been -built and old ones
have been enlarged and remodeled to en
able the grower to "catch" the crop In
the prime of its ripeness. It Is now un
derstood that hops and prunes only remain
at their best for a prIod of 10 days, or at
the most 15 days.
Assaulted While Under Arrest.
BAKER CITY, July 29. A peculiar dam
age suit Is threatened against Baker City
by Joseph Reader, who was brutally as
saulted by Arthur Fountain, the negro
pugilist, a few days ago. Reader and
Fountain got into trouble and both were
urresiea. nue .Reader was in custody
Fountain broke away, and struck Reader
a fearful blow or the side of the head,
breaking his jaw and rendering him un
conscious for several hours.
Reader Is at the hospital and will soon
recover. He says he Is going to bring suit
against the city for damages, alleging that
while he was under arrest and presumably
under the protection of the police he was
assaulted and severely damaged. There is
no question but what Mr. Reader was
badly Injured, but the matter of the city's
liability, under the circumstances, is for
the courts to determine.
Grand Opera at San Francisco.
SAN FRANCISCO, July 29.-A grand
opera season of 16 weeks, under the direc
tion of Mr. Paul Steindorf, of New York,
commenced tonight at the Tivoll Opera
House. During the season 22 operas will
be given at popular prices. Tonight's per
formance was "Alda," which has been the
initial production at the Tivoli every sea
son for the past 10 years.
Astoria School Board Meeting.
ASTORIA, July 29. The School Board
this evening decided to open the Fall term
on Monday, September 30. The board also
decided not to erect a school hni!riinr in
Unlontown at present. The matter will be
suomitted to tne next annual meeting of
the taxpayers.
Catholic Church Dedicated.
FOREST GROVE, Or., July 29. The
new Catholic Church at Buxton, with a
seating capacity of 360, was dedicated yes
terday. Archbishop Christie and Father
Hogan, of Portland, and Father Helnrich,
of Verboort, conducted the exercises.
Oregon Notes.
Heavy timber fires are reported not
more than 10 or 12 miles from Baker
City.
A fine lot of 84 bucks from the Ladd
farm have been taken to Gilliam County
for breeding purposes.
A girl weighing only three pounds
was born In Clem, Gilliam County, but
died a few hours, .after birth.
The Booth-Kelly Lumber Company will
have 20 five-room cottages built for its
employes at Wendllng, Lane County.
Some Gilliam County cattle were dying
of a disease thought to be black-leg, but
veterinary diagnosis proved 1t to be
caused by eating rusty grass.
Frank Jennings came back to Lebanon
the other day after several years In Ari
zona, and paid up his old debts, some of
which his creditors had completely for
gotten. The Mule Gulch. Grant County, placers,
owned by Cannon & Johnson, have
cleaned up SS000 already this Season, and
are expected to double the amount before
snow files this Autumn.
There are numerous hunting parties out
in the mountains of Curry County, sev
eral being fromSan Francisco. The law
requires a non-resident hunter to pay
a $10 license for the privilege of hunt
ing. I is not yet recorded that the
County Treasurer has been bothered by
the visitors.
The Modoc tribe has dwindled to 77
members, mostly women and sick or
diseased children. There are only 13
able-bodied warriors, and they will never
go to war again. Formerly the most sav
age and Indomitable of fighters, they
have lost all ambition for anything but
their Governmept supplies, and, while
virtually prisoners of war on mii
J reservation, are left unwatched.
THE MORflING OREGONIAK TUESDAY,
GRAVE CRIME OHARGEO
EX-CHIEF JUSTICE SCOTT AC
CUSED OF SERIOUS OFFENSE.
Girl. Aged 15, Alleges Thnt He Crim
inally Assaulted Her He Is Re
leased, on, Ball.
WHATCOM, Wash., July 29. Elmon
Scott, for eight years Supreme Justice of
the State of Washington, and for two
years Chief Justice, was arrested last
Thursday charged with criminal assault
on the person of Minna Schaefer, aged
15, of this city. He was brought before
Superior Judge Neterer and $2000 cash ball
was accepted. The news was suppressed,
not even appearing In any of the, What
com papers.
Charges having been made on the street
that the girl's father. a Mr. Lemm; wag
withholding the facts from the public
HMMMMMHMtH0MtMt
for a cash consideration, a petition signed
by 12 well-known citizens of Whatcom
was sent to the Seattle Times, requesting
me -puDucauon of the facts In the case.
Judge Scott was elected to the Supremo
Bench upon the admission of the state
in 1SS9, and re-elected in 1892, serving the
last time a full term of six years. Dur
ing the last two' years of his term he
was Chief Justice. At the time of his
election he was a resident of Eastern
"Washington, but during his term he re
moved to Whatcom. In 189S he refused to
be a candidate for renomlnatlon, 'and
since his retirement from the bench he
has been practicing ltfw. His friends as
sert that the charge against him Is the
result of an attempt to blackmail him,
He is an elderly man, and has a highly
respectable family. The girl In the case
Is said to have Indian blood In her veins.
FRUIT SEASON OPENS AT SALEM.
Peach Plnms Are In Demand Big:
Apple Crop Is Expected.
SALEM, Or., July 29. The fruit picking
season has fairly opened here, and the
picking and commission-houses have been
scenes of much activity today. The peach
plum is In great demand already, and
will be handled here almost exclusively
during tho rest of tho week. The fruit
dryers are making dates every day for
the use of their plants, and the prospects
are that more fruit will be shipped from
here than ever before. One carload of
apples was shipped today to Texas by
Glle & Go. The supply of this fruit Is
limited, owing to the fact that this Is very
early in the season. The apple crop
prpmlses a big yield, and the commission
houses expect, as the season advances, to
do a more extensive business In the ship,
ment of apples than any other line or
fruit.
Washington County Crops.
HILLSBORO, July 29. The hay har
vest In this county is practically com
pleted, and the crop has been large and
of excellent quality. Grain Is ripening
faBt and In some instances Fall wheat has
already been cut. The wheat yield will
not be up to the average, but oats are
in fine condition and prospects are good
for a heavy crop.
Hops are doing nicely, promising a fine
quality, though the yield will not be as
large as usual. Spraying has been the
order In a number of yards where lice
have made their appearance.
Oats Around Albany.
ALBANY, Or., July 29. The first field
of oats threshed in this county was on
the farm of E. G. Cox. Six hundred bush
els were threshed in 2& hours, and aver
aged 40 bushels per acre. The yield all
through the Valley Is reported as so large
as to indicate a low price for the product.
STATE UNIVERSITY GROWING.
Outlook Is Bright for a Prosperous
nnd Useful Year.
EUGENE, July 29. The University ol
Oregon, the State University, had an ex
ceedingly prosperous year. The successes
in athletics have been only surface indi
cations of t'he enthusiastic and loyal
spirit of the students. More than this, the
university is doing a continually advanc
ing grade of work. Indications of this
are the winning of the debating contest
with the University of Washington, and
the three university men, two graduates
and one a graduate student, who go to
scholarships in great Eastern universi
ties, where the competition is heavy.
The outlook for next year is bright". The
departments have been strengthened by
the addition of seven new Instructors,
men of the highest scholarship and
training. McClure Hall, the new labora
tory for chemistry and mining. Is being
fitted up at a cost? of nearly $7000. The
new engineering and power, plant Is in
process of erection and "will greatly in
crease the facilities In engineering. Near
ly 5000 volumes will be added to the li
brary bv exchange, elft and mirehnsp
and by 1902 the university will have the
largest library for scholarly research in
the state.
The growth of the university in num
bers "has been somewhatVremarkable. xtie
total number of students for all depart
ments at Eugene for the year 1898-99 was
181; for the year 1899-1900 it was 220 'and
for 1900-1901 'it was 362, or a gain of 100
per cent in two years.
PUGET SOUND SALMON RUN.
Greatest Ever Known in the History
of Fishing: There.
PORT TOWNSEND, July 29. Tire larg
est run of salmon known for years is re
ported from the vicinity of San Juan
Island. Word arrived from there today
that 50,000 fish were liberated from the
traps, there being no market for them.
They had been offered as low as 1 cent
apiece. The seine men In the same vicin
ity caught 5000 at one haul, and were
compelled to turn many fish loose, as they
could find np market for them at any
price. In the vicinity of the traps the
water is said to be alive with salmon, and
old fishermen say the run is the largest In
the whole history of fishing on Puget
Sound.
Vancouver Military Notes.
VANCOUVER BARRACKS, July 29.
Captain R. D. Walsh, of the Ninth Cav
alry, and Captain W. K. Jones, of the
Sixth Infantry, have been appointed on a
board which will meet today at Prosser,
Wash., and later on at Fort Walla Walla
and at Elgin, Or., to Inspect under con
tract a number of horses Intended .for
the cavalry. r
Captain W. K. Jones and Captain
Thomas A. Pearce, Twenty-eighth Infan
try, have been relieved as members of the
general court-martial, and Captain John
H. Parker has been detailed instead.
Major Frank F. Eastman, who has
lately been assigned to the Twenty-eighth
Infantry, arrived from Manila on the
transport Meade yesterday, and left In
the evening for Vancouver Barracks.
Acting Hospital Steward Thomas Per
son, now on duty at Fort Columbia, .will
be sent at once to Fort Canby to report
to the commanding officer for duty.
The general court-martial convened here
found Frank J. Morrison, of Company D,
Twenty-eighth Infantry, guilty of selling
clothing contrary to orders, and, one pre
vious conviction having been considered,
ho was sentenced to be dishonorably dis
charged, to forfeit all pay and allow
ances due, and to be confined for one year
at hard labor on Alcatraz Island.
Officers in San Francisco.
SAN FRANCISCO, July 29. Among the
Army officers who have returned on the
transport Meade is Captain J. S. Mallory,
formerly a Lieutenant-Colonel of Volun
teers, who is to rejoin the Second Infan
try. Up'to the time he was ordered home'
E.x-Forest Grove
Minister.
Rev. Alonzo Rogers.
FOREST GROVE. July 29. The
Rev. Alonzo Rogers, who died at
New "Whatcom, Friday evening,
aged CO yca.rs, from the effects of
a paralytic stroke received over a
year aso, came from Iowa to Ore
gon, about 1885, to accept "the pas
torate of the Congregational church
at Corvallls. Later he removed to
Forest Grove, where he was the
Congregational minister from 1890
to 1897, when he accepted a call
to the Congregational church at
New "Whatcom, where he remained
until falling health required him
to give up preaching Ho had also
held pastorates In different parts
of Iowa, and was for a few years
Superintendent of the State Deaf
and Dumb Asylum. He left a wid
ow, who U seriously ill, not being
expected to live, and a daughter.
Captain Mallory had Agulnaldo In his
charge. He says the former Insurgent
leader spends all his time studying and
receiving visitors. His wife and family
are with him, and he appears contented.
Captain H. H. Sargent was Lieutenant
Colonel of the Twenty-ninth Volunteer
Infantry, commanding the attacking
forces at San Mateo at the time General
Lawton was killed, December 19, 1899. He
has since taken his old title of Captain in
the regular Army.
Captain William L. Kenly, commanding
the Eighth Field Battery, which the
Meade brought home, commanded the
battery at the Zapote River in a fight un
der General Lawton, and ran the guns to
within 35' yards of the insurgents' trenches
across the river. Captain Kenly was an
aid to General MacArthur until ho took
command of the Eighth, a short time ago.
Institute at Oregon City.
OREGON CITY, July 29. County Super
intendent J. C. ZInser Is arranging the
programme for a County Teachers' Insti
tute to be held in Oregon City during the
first week In September. President P. L.
Campbell, of the State Normal School at
Monmouth, has been secured as one of
the Instructors, and an effort is being
made to got Mr. RIgler, of Portland, as
another.
Brought to Snn Qucntln for Life.
SAN FRANCISCO, July -29. John Flan
nlgan, sentenced to life Imprisonment for
the murder .of George W. Lake, at Seoul,
Corea, has been" brought here on the
transport Meade and taken ,to San Quen
tln. Lake was Flannlgan's partner In the
saloon business, and the conviction was
obtained on circumstantial evidence.
California Pioneer Bnrled.
WALLA WALLA. Wash.. July 29. Dr.
James Dorr, who was burled today with
Masonic honors, was born In South Bruns
wick. Me., December 27, 1829. He came to
California in the earlv 'BO- nnd tn TVniin
Walla some 30 years ago. He left a widow
who is an invalid.
Will Inspect Cavalry Horses.
WALLA WALLA, July 29. Lieutenant
Colonel R.-D. Walsh, U. S. A., and Major
James Jackson, retired, will arrive tomor
row to inspect the cavalry horses offered
by Sheriff Frazler, of Multnomah County,
who has a contract to supply 2S0 of them.
Fell From Dock and Was Drowned.
PORT TOWNSEND, July 29.-James
Agnew, employed in the Washington Mill
Company's store at Hadlock, fell from a
dock at that place some time Sunday
night, and was drowned. The body -was
recovered today.
Washington Notes.
A mining man named Dunn is reported
to have alleged that he thinks he was
robbed of $340 in the back room of a Spo
kane saloon,
A man discovered oil in Everett while
grading a street. In a little while, if not
sooner, oil wells, rivaling those of South
ern California are expected to be discov
ered. This last on the authority of ex
perts. The contract for the proposed clam can
nery building and wharf at South Bend has
been let to Eugene Dorland. The build
ing will be 40 feet long by SO feet wide,
and the wharf 100 feet square. The citi
zens of South Bend are to furnish 50,000
feet of lumber and 99 piles.
The Waitsburg Council let the contract
for supplies for the new water main sys
tem, recently passed on, to Fender Bros.
& Co., of Waitsburg, who bid for the Pu
get Sound Pipe Company, their figures
being $1339 47. Their opposition was the
Snokane Galvnntzprt Wtr-o TMrwo Cnm,.
whose bid was $1363" 47. the contract cov
ers supplies of wooden piping, gates and
hydrants and all fittings.
Superintendent Myers, of Walla Walla
County, has just established the nucleus
of a reference sample library for the pub
lic school teachers. It Is designed as a
partial guide to those wishing supplemen
tary text books. In it are such works as
Clarke's "Story of Troy," "Story of
Aeneas," "Story of Caesar," "Stories of
the Old Greeks," Guerber's "Story of the
Greeks," "Story of the Thirteen Colonies."
"Story of the Great Republic," "Applied
Psychology, Advanced," Overton; Scott's
vjuenun uurward" and "Kenllworth."
By the refunding by the Spokane County
Commissioners of $1362 20 to Cyrus Brad
ley the old litigation between the North
ern Pacific Railway Company and the
owners of Dennis & Bradley's addition is
brought forward again. The owners of
Dennis &. Bradley's addition' claimed that
the Northern Pacific owned only 25 feet
on either side of the track, while the
railway company claimed 250 feet. During
the litigation that followed the taxes for
the disputed land were assessed to Cyrus
Bradley, but the Supreme Court held that
the Northern Pacific owned 230 feet on
either side of the right of way. The re
funding order made lately was in regard
to taxes assessed against Cyrus Bradley
for land he never owned.
William Anderson, a North River -logger,
who is trapfishing from a covered
scow, had a narrow escape from drown
ing. As the scow was high, and conse
quently cranky, he pulled out the plug in
the bottom to let in some water, and then
lay down In his bunk a moment to read
and fell asleep. He was awakened by
the cold water coming .Into his bunk; the
boat had careened to one side and would
have capsized but it caught on the float
at the McGowan wharf. It was still
sinking, and Mr. Anderson might have
gone down with It had not two men hap
pened along in a dingey on their way up
the river and rescued him by pulling him
OUt Of thft Window. Olllto n. Inrc-n atnnlr
of supplies were ruined by the water.
JULY 30, 1901.
MINING RIGHTS DEFINED
FIRST USER HAS THE PRIOR CLAIM
ON WATER PRIVILEGES.
Later Arrivals Must Not Divert
Streams Injuriously or Dump
Tailings on His Claim.
SALEM, Or., July 29. The Supremo
Court today handed down decisions on
three mining cases, affirming the decision
of the lower court In one, reversing and
modifying it in the other two. The de
cisions in detail were as follows:
A. H. Carson, L. W. Carson and H. B.
Miller, respondents, vs. F. M. Hayes, L.
L. Jewell, C. Burkhalter and William
Sevinden, appellants, appeal from Jose
phine County, H. K. Hanna. Judge. Opin
ion by Bean, C. J. (Moore, J., not sitting);
modified.
This is a suit to restrain the defendants
from Interfering with the regular flow
of the waters of Oscar creek, and permit
ting the debris from their placer mines
to come down and be deposited In plain
tiffs' ditches and reservoirs and on their
mining ground.
The complaint alleges that the plaintiff,
A. H. Carson and one Johnson appropri
ated all the waters of the stream in 1876,
and that they and their successors in
interest have ever since used the same
in nlacer minlne and thnt dnfpndnntt:
had interfered with plaintiffs' rights as
aoove stated.
Separate answers were filed by the de
fendants Swinden and Burkhalter, and by
Hayes and Jewell, both denying the
wrongful acts complained of by tho
plaintiffs, and both as alfirmatory defense
set up that they have used the stream
for more than 15 years, and that they
had spent laree sums of money in Im
provements, and that plaintiffs had never
before made objection to their use of
water; that it Is necessary to use said
water to operate their mines. The. case
went before a referee, and upon his re
port a decree was rendered for plaintiffs,
and defendants appealed.
By stipulation It was agreed that there
was no controversy about the validity of
any of the water rights Involved In this
suit, and that plaintiffs' rights are prior
In time to those of defendants. The Su
preme Court says:
"This leaves but two legal questions
to be determined, so far as the Issues
tendered by the complaint are concerned:
(1) Can a subsequent approprlator of
water for mining Impound the waterN)f
a stream and send It down at Irregular
times and Intervals, at an Increased or
retarded flow, to a prior approprlator,
who Is using It for mining purposes, so
as to damage or Impair Its use, to him?
(2) Can an upper owner make use of the
natural channel of the stream to carry
off his minjng debris, to the damage of
lower proprietor In the use and enjoy
ment of his claim, ditches and mining
works?
"Both of the questions must be answered
In the negative.
"The first approprlator of water is en
titled to use and enjoy It to the full ex
tent of his original annronrlatlon. with
out diversion or interruption by subse
quent claimants. We conclude, therefore,
that the court below was In error In en
tering a perpetual Injunction against tho
defendants. Hays and Jewell, and to that
extent the decree ought to bo modified;
but a decree should be enterd here re
straining the defendants, Swinden and
Burkhalter, from the further operation of
their mine until they have made suitable
provisions to prevent Injury to plaintiff's
mine and water rights."
Henry York, respondent, vs. C. T. Da
vidson, et al., appellants, appeal from
Josephine County. H. K. Hanna, Judge;
affirmed. Opinion by Wolverton, J.
Defendants are engaged In placer min
ing by the hydraulic system in Taylor's
Gulch, a tributary of a stream which trav
erses a portion of plaintiff's land, known
as Barr's Creek. The necessary water,
aside from that contained In the gulch,
Is carried to It from Rocky Creek, Miners'
Creek and Carrls Creek by means of
ditches. .The two creeks first named also
discharge into Carrls Creek, and all these
streams? including Miller's Creek, flow
more or less through a decomposed gran
ite formation. The point of operation Is
located two miles above the lands of
plaintiff, and at an elevatln of 300 feet.
The defendants have been using a giant
for some three or four, years, and, to pre
vent the tailings and debris from the
mines being carried below, they built two
Impounding dams In the gulch, and re
cently constructed a by-wash around the
lower dam by cuttlncr a channel nlnmr thn
side hill above deposit, so that the water
from the mine Is conveyed across by the
head of Rocky Creek and Its tributaries
into Miller Creek. This latter 'stream in
tersects another portion of the plaintiff's
land and is utilized for Irrigation pur
poses. The plaintiff alleges that the de
fendants have heen rHsoVinroIno- 1nr
quantities of gravel, silt, sand and other
debris Into Taylor's Gulch which has been
carried into Carrls Creek, and has caused
the bed of the stream to fill up and over
flow its banks where It traverses plain
tiff's land, and to cast such refuse mat
ter thereon, thus destroying it for the
purpose of agriculture, for which It Is
adapted, and prays that they be enjoined
from casting and discharging any sand,
silt, or other refuse matter from their
mines Into Carrls Creek or its tributaries,
or into Miller's Creek, whereby the same
may be washed or carried upon his prem
ises, and from Impounding the water In
any way so as to interrupt its flow across
the same. The plaintiff, having obtained
a decree Jn his favor, the defendants ap
peal. '
The Supreme Court holds thA Wnni
I ants seem to concede plaintiff has been in-
jurea maieriaHy, mit seek to account for
it through other causes than such as were
superinduced by their acts. They
assert that after the water Is discharged
from their mine into Taylor's Gulch it is
taken up by the ditch of Miller and Sav
age and carried Into Miller Creek.
The testimony Is conflicting touching the
capacity of Miller's and Savage's ditch to
carry all the water from the mine; ordi
narily it will, but in time of freshets it is
probably insufficient for tho purpose. But,
be this as it may, there is carried into it,
and if allowed to continue, will be borne
a large amount of sediment from the
mines upon lands of plaintiff through Mll-
ler creeK, ana will serve to increase his
Injuries.
The decree of the court below restrains
the defendants from In any manner cast
ing or discharging any water or refuse
matter from their mlnlrur nnoratlnnc trttn
Carrls Creek, or impounding the same at
any point above the plaintiff's premises.
This decree should be affirmed, except
that defendants should be allowed to im
pound their tailings and debris in Taylor's
Gulch, or elsewhere, as convenience may
suggest, when they shall have adopted
and constructed an efficient and durable
system or device for the purpose, such as
will meet the approval of persons skilled
in such matters and the court.
Let the decree be entered accordingly.
P. H. Oviatt, et al., appellants, vs. Big
Four Mining Company, et al., respondents.
Appeal from Josephine County. H. K.
Hanna, judge. Opinion by Moore, J; rel
versed.
This is a suit to enjoin the diversion of
water from a non-navigable stream and to
prevent interference with a mining ditch.
The transcript shows that one D. C.
Courtney, In May, 1876, agreed to purchase
certain placer mines in Josephine County,
Oregon, for the purchase price of which he
gave the owners his promissory note, pay
able in two years, and received their bond
for a deed. He entered into possession,
and thereupon constructed a ditch and
flume from Pickett Creek to said mines, a
distance of 6 miles, which he used that
Winter and Spring mining for gold. The
venture proving unprofitable in 1897 he left
the premises, and never returned, though
living but 60 miles from there.
The plaintiff, having secured a placer
1 mine lying near said ditch, posted a j
notice at the head of said ditch to the
effect that he claimed and appropriated
1500 inches of water of said creek, and he
proceeded to divert and use the water In
operating his mine.
The defendant, Owensley, on August 2S,
1KS6. posted a notice at the head of the
Counrtney ditch, to the effect that he and
his associates claimed an appropriation of
2000 Inches of the water in Pickett and
thereafter constructed a flume and opened
the old ditch Its entire length, enlarging
part of it which plaintiff had opened, and
on October 10, 1S96. one J. M. John, having
secured from Courtney a quitclaim deed
of all his Interest In said ditch -and water
right, conveyed 'the same to the Big Four
Mining Company, a corporation. A con
troversy having arisen respecting the
right of tho parties to appropriate the
waters of Pickett Creek and to use said
ditch this suit was Instituted, and it re
sulted In a decree of dismissal of plain
tiff's appeal.
Opinion by the Supreme Court says:
"The questions presented for consideration
are whether Courtney abandoned his right
to the ditch and to the use of the water
diverted from Pickett Creek, and if so,
was the plaintiff's attempt to reconstruct
the flume and open the old ditch pros
ecuted with such reasonable diligence as
to entitle them to the use of the said
water of said creek.
"We think It apparent that Courtney In
tended to abandon the ditch and water
right when his promissory note matured,
and his right to enforce the bond for a
deed was lost by nonpayment thereof."
Upon the second question the court says:
"What constitutes diligence must neces
sarily depend upon the nature and mag
nitude of the enterprise, and to some ex
tent upon the organized effort put forth
in accomplishing the desired object. An
aggregation of capital, it must be ad
mitted, could complete the work in less
time than could be reasonably expected
of a man of ordinary means, though his
Impecunioslty is not to be considered In
determining what Is a reasonable time.
"From the upper gulch, to which Ovlati
had reopened the ditch and rebuilt the
flume, to the head of the old ditch, quite
aportion of the conduit had to be con
structed of lumber or by blasting through
rock, thereby necessitating a considerable
outlay, and In view of these circumstances
we think Oviatt and his associates have
exercised that degree of diligence whlcn
entitles them to enforce the right he In
itiated. This ltads to a reversal of the de
cree, and one will be here entered granting
the relief demanded in the complaint."
BOARD OF EDUCATION MEETS.
Teachers Selected for Coming Year
for Blind School.
SALEM, July 29 The State Board of
Education held a meeting at the Capitol
today. The report of George W. Jones,
superintendent of the Blind School, was
accepted and the Hoard made the follow
ing selection of " teachers and employes
for that institution for the coming
school year: Miss Louise M. Church, of
Lansing, Mich., dnd Miss Grace Gill, of
Sclo, Or., teachers In the grammar
grades; Clinton Russell, of Baltimore.
Md., teacher of music and piano tuner;
Le Roy Gesner, of Salem, assistant
teacher of music; W. R. Powell, of Sa
lem, re-elected as janitor and gardener;
Mrs. Addle Savage, of Salem, cook; Miss
Hester McKay, of Salem, re-elected
laundress; Miss Jessie Stout, of Salem,
dining-room girl. '
Fifty dollars was set aside by the board
for the introduction in the school of
Sloyd, the Swedish system of manual
training. The plans of Architect Charles
H. Burgraff were accepted for recon
structing baths at the Mute School, and
he was asked to advertise for bids on the
work.
New Flouring Mill.
Work on the new Salem flouring mill
buildings Is rapidly nearlng completion.
The outside work Is practically finished
and the Inside work and placing of three
carloads of machinery will be done by
August 15, when the company will begin
to receive grain. The mill will turn out
250 barrels per day. The capacity of the
warehouse Is 110,000 bushels of wheat.
Report of Coos Bay Health Officer.
Governor T. T. Geer today received
from Dr. E. MIngus, health officer for the
port of Coos Bay, for the quarter begin
ning April 1, 1901, and ending June 30.
1901, as follows: Number of domestic
vessels arrived, 63; number of domestic
vessels departed, 62.
Quotations of Mining Stock.
SPOKANE. July 29. The closing quotations
for mining: stocks today were:
Bid. Ask. I
Bid. Ask.
Amer. Boy .. 5H
Blacktall ....10
Butte & Bos.. Vi
Crystal 5V5
Conjecture .. 4
Deer Trail ... 2V
Dewey 2
Gold Ledge .. IVi
L. P. Surp... 5Vi
Mtn. Lion ...22Vi
Morn. Glory.. 3
OVi Morrison ..
'$ 3K
10h Prln. Maud
IVi Qullp
7Vt Itamb. Car
0 Republic ..
2jReservation
a!Ross. "Giant
liSulllvan ...
1
li
2G
43
C
2'4
a
3
.!
6 Tom Thumb.. 13
27 i Wonderful .... 3
am
SAN FRANCISCO, July 2D. Official closing
quotations of mining stocks:
Alto $0 05MexIcan $0 18
Andes
Occidental Con R
Belcher
Best & Belcher...
Caledonia .......
Challenge Con ...
Ophlr 77
Overman l
Potosl s
Savage o
Chollar
Seg. Belcher 2
Confidence 1 60
Sierra Nevada ... 17
Con. Cal. & Va... 2 10! Silver Hill 28
Crown Point .... 12Standard 3 35
Gould & Curry... 17Unlon Con 15
Hale & Norcross. 17Utah Con
Justice 8' Yellow Jacket 03
NEW YORK. July 20. Mining stocks today
closed as follows:
Adams Con $0 fOILIttle Chief $0 13
.Alice to
Breece 1 45
Ontario
S
ODhlr IS
Brunswick Con .. 12
Phoenix 0
Potosl 8
Comstock Tunnel. 5
Con. Cal. & Va... 2 05 Savatre 10
Deadwood Terra.. 65iSIerra Nevada ... 17
Horn Sliver 1 75SmalI Hopes CO
Iron Silver SSiStandard 3 00
Leadvllle Con .... Gj
BOSTON, July 20. Closing quotations:
Adventure $ 25 00Osceola $ 03 00
Blng. Mln. Co.. 20 50Parrott 50 DO
Amal. Copper .. 113 (J2iQulncy .. 170 00
Atlantic 35 00! Santa Fe Cop... 6 00
Cal. & Hecla... 750 OOJTamarack 342 0O
Centennial 27 50Utah Mining ... 29 (X)
Franklin 17 30 Winona 2 50
Humboldt 25 OOiWolverlnes 61 00
Pendleton Brevities.
PENDLETON, July 29. Two sheep
camps, the property of Robert Adams,
were destroyed by a big cinnamon
bear last week. His money loss Is con
siderable. Berries are scarce In the moun
tains, and bears are correspondingly plen
tiful. William Brown, employed In a thresh
ing outfit near Helix, was badly hurt In
a runawav Saturdav. Twn whppls nf n
heavy wagon passed over his body. Four
ribs were broken, and he was internally
Injured.
For Uttering Counterfeit Money.
SAN FRANCISCO, tJuly .-UnIted
States Marshal Shine left here tonight on
the Oregon eXDress for Seattle, en mute
to Juneau, Alaska, with Harry Voller.
who is wanMLin the North for uttering
counterfeit nBSey.
Idaho Notes.
Snow has disappeared from the Sho
shone Mountains, and water is very low
for the time of- year. ,
Kendrlck has organized a rod and gun
club, principally the latter, for the laud
able purpose of keeping coyotes out of
the -"city" limits.
A carload of Snake Rtter fruit sold In
New York City recently for $1700. It was
a mixed shipment of plums, cherries,
peaches, apricots and other early fruits.
The Shoshone County Commissioners
have relieved the peddler nuisance by
setting a sliding scale license varying
from $50 to $100, according to size and
nature of the business.
Each 31ullan delegate to the Interna
tional 3Ilnlng Congress at Boise carried
a unique and attractive cane. Thrr stdpa
were morticed and contained settings of
ore samples trom various claims.
Tho
I atlolra Tta.n AnrnA .....3 .l. ... YT7 yt
Fraserj one of the Mullan delegates.
DRAYMEN MAKE HEADWAY
J
ARE BEATING THIS
UNION TEAMSTERS.
SAY THEY
STRIKING
Additional Teams Used, and 3Iany
Appllcntlonx for Work, but Po
lice Protection Retained.
SAN FRANCISCO, July 29. There was
no change in the strike situation today.
At the headquarters of the Draymen's As
sociation It was claimed that great head
way had been made against the union
teamsters. Twenty-five additional teams
were sent out this morning In charge of
nonunion drivers, and there were many
applications for positions. No more mon
were accepted, however, than could be
given police protection.
The Brotherhood of Teamsters has sub
mitted its case to the City Front Fed
eration, an alliance of kindred employ
ments, and will abide by Its decision as
to future action. It was expected thnt
the packers would have become Involved
tpday, but they also are waiting to follow
the course indicated by the leaders of tho
federation.
The meeting of this influential organiza
tion to be held tonight is expected to be
most important, for. if all the members of
the federation are called out, nearly 16.000
more men will be Involved In the labor
struggle. It Is not likely that the result
of the federation's deliberations will bo
known until a very late hour, as questions
Involving many conflicting Interests are to
be considered.
Mayor Phelan is working to effect a
settlement of the labor troubles and
for that purpose called a conference of
those Interested this afternoon. Only a
few of the leaders were present and an
adjournment was taken. The machinists
are still out and assert that they will not
return to work unless concessions aro
made by the employers, who refuse to
grant any terms except that the strikers
return to work on the conditions formerly
prevailing.
Rich Mine Cleanup.
GRANT'S PASS. July 29. Alex Watts,
owner and proprietor of the Watts pla
cer mine in the Williams Creek district,
came into Grant's Pass yesterday. He
stated that the cleanup just completed
was very good, bringing over $1000 for
each man employed during the season.
The Watts mine consists of 160 acres of
rich placer ground, eight miles of ditch
and two giants. It has been worked for
30 years and yields a big sack of coarso
gold and nuggets each season. It will
continue to yield handsomely for somo
time to come, as tho ground is far from
being worked out.
Rich Pay Streak.
BAKER CITY, July 29. The O. K. and
Iowa mlnes.located about six miles from
this city, owned by the Gold Coin Mining
Company, are showing up well. N E.
Darling Drought In some samples of oro
yesterday from the Iowa mine, at a depth
of 25 feet, which were quite rich In free
gold, as It shows plainly all through tho
rock. The vein is five feet wide, but tne
pay streak only about 10 Inches. Samples
assay from $25 to $4."i0 nfr ton. Tho wnrlr
of developing the property Is to be pushed.
"Wasco Connty Pioneer.
THE DALLES. July 29. Mrs. Mary C.
Gates, widow of the late N. H. Gates.
one of the pioneers of this city, died
Sunday night after an illness of nearly
a year. She was born in Frankfort. Ger
many, In 1S33, and came to The Dalles
In the early '60s. She left a son, N.
H. Gates, and two daughters, Mrs. Kate
V. Roche nnd Mrs. Leese, residents of
this place, and a daughter by a former
husband. Mrs. Thomas Strohn, of Los
Angeles, Cal.
Stnnlicd Man Recovering.
BAKER CITY. July 29. 31. L. Gosney.
who was stabbed Thursday morning last
week by iiadlson Coffman at Carter &
Miller's ranch, near this city. Is getting
along nicely. The wound was a bad one,
and Dr. Hayes, his physician, attributes
his escape from almost Instant death to
the fact that tho wound was inflicted be
fore Gosney had eaten his breakfast.
It was a deep wound, made with a knife,
In the abdomen.
Cashier nt the New Vale Bank.
BAKER CITY, July 27. Elmer Clark,
who Is at present employed In the
First National Bank of this city, has been
elected cashier of the bank at Vale, Or.
This Is a new National bank, recently or
ganized, with a capital of $23,000. 3Ir. M.
G. Hope, vice-president of the bank, 19
now In Portland purchasing the fixtures.
Clntnkunlc Mill Man.
CLATSKANIE. July 29. Word has been
received from San Diego, of the death
In that city of A. 31. Tlchenor, as the re
sult of Brlght's disease, in tho 69th
year of his age. Mr. Tlchenor was pres
ident of the Tlchenor 31111 Company, and
has been a prominent business man
about here for tho past 17 years.
Body Cnught ln FInh Set.
ASTORIA, July 29. The body of J. S.
Hutley, the fisherman who was drowned
about a week ago, was picked up In tho
net of Charles Nelson last night whllo
he was drifting near Tongue Point. The
body was turned over to the Coroner,
who will ship It to the man's former
home at La Center, Wash., for burial.
CANCER
Sufferers from this horrible malady
nearly always inherit it not necessarily
from the parents, but may be from some
remote nncestor, for Cancer often runs
through several generations. This deadly
poison may lay dormant in the blood for
years, or until you reach middle life, then
the first little sore or ulcer makes its ap
pearance -or a swollen gland in the
breast, or some other part of the body,
gives the first warning. .
To cure Cancer thoroughly and perma
nently all the poisonous virus must be
eliminated from the blood every vestage
of it driven out. This S. S. S. does, and
is the only medicine that can reach deep-i
seated, obstinate blood troubles like this.
When all the Tioison has been forrr? nnt
of the system the Cancer heals, and the
disease never returns.
Cancer begins often in a small way, as the
following letter from Mrs. Shirer show3 :
A small pimple came on my jaw about an inch
below the ear on the left side of my face. It gave
uic no pain or lnconvcn
elnce, and I should have
forgotten about It had it
not begun to inflame and
itch; it woidd bleed a
little, then scab over, but
would not heal. This
continued for some time,
when my jaw began to
swell, becoming very
painful. The Cancer be
gan to eat and spread,
unui u was as large as a
half dollar.tr hen I heard'
oi S. S. S. ana determin--
rl to cfve It n frtlr tHil '-.
ana u was icmnrraoie " !jmWKf-Jym i
wnac a wonaeriui euect mf- " "'
it had from the very beginning ; the sore began to
entirely. This was two years ogo ; there are still
no stgus of the Cancer, and my general heatlh
conUnucsgood. Mrs. r. Shirer, La Plata, Ma
is the greatest of all
blood purifiers, and the
only one guaranteed
purely vegetable. Send
Tfir nitr fr Tvn .
Cancer, containing valuable and interest
'ntr information about this rliuns ni
vnte our physicians about your case. Wc
make no charge for medical advice.
THE SWIFT SPECIFIC CO.. ATLANTA. QA, j
EMgatiB
?.V:H9EK.1'A,-1