Morning Oregonian., August 06, 1901, Page 4, Image 4

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THE MORNING OttEGONlAN, TUESDAY, AUGUST 6, 1901.
MADMAN'S THIRD VICTIM
DEPUTY SHERIFF COOL, OF MOS
COW, IDAHO, IS DEAD.
"Wounds Received Sunday While
Trying1 to Arrest Mnrderer Stef-
Xen Prove Fatal.
MOSCOW, Idaho, Aug. 5. Deputy Sher
iff W. E. Cool, who was shot by "William
Steffen yesterday morning, while attempt
Gritmaa Hospital at 11 o'clock, as
Gritman Hospital at 11 o'clock today, as
the result of the bullet wound in his hip,
the bullet having penetrated the abdom
inal cavity, thus causing internal hemor
rhages. Cool's body will be taken to Gene
see for burial.
Cool was a native of Maine, 35 years of
age, and had lived in this county nine
years. He was married to Miss Melbe
lesck, of Genesee, on April 1. Cool was a.
Mason, a Knight of Pythias and a Mod
ern Woodman, holding an Insurance of
$2000 in the latter order. t
The remains of William Steffen were
turned over to his relatives this afternoon.
Interment will be made in Pullman Wed
nesday. Dr. Watklns will be burled under
Masonic auspices at 1 o'clock tomorrows
forenoon. It is expected his funeral will
be attended by the friends and acquaint
ances from all parts of Washington and
Idaho who can reach here In time.
"WORK AT BXIXD SCHOOL.
Circular of Information on Charac
ter, Work and Flans.
SALBM, Aug. 5. Superintendent George
W. Jones, of the Oregon School for the
Blind, has Issued a circular letter of in
formation regarding the plan of work at
that Institution for the ensuing year.
The circular sets forth the advantages
of the location of the school and after
outlining the course of study In the com
mon school branches and in music, has
the following as an indication of the
more extensive Instruction to be given
in the industrial departtnent:
"A good gymnasium has been fitted up
with modern apparatus, and a systematic
course of exercises will be given In it
throughout the school term, which Is de
signed to develop the muscles, promote
health and vigor, and give ease and in
dependence in bodily movements.
"The board has authorized the Introduc
tion of the sloyd system of manual tralm.
lng and has procured a competent teach
er to tako charge of the -work. A great
number of models and tools are used
in the practice of this system, and its ex.
erclscs develop the powers of the mind,
skill of the hand, delicacy of touch and
freedom in movement matters of prime
importance in the education of the blind.
"Piano tuning is one of the most lucra
tive employments in which the blind may
successfully engage, and in view of this
fact a fmning department has been estab
lished and placed under the management
of a skillful teacher. A number of the
boys will no doubt take advantage of the
opportunity to prepare themselves for
this work.
"All pupils are taught hammock and net
making and the girls are given Instruc
tion In knitting, crocheting, sewing, both
by hand and machine, and in -the ordinary
household duties. Manual work of this
kind) not only "better fits pupils to earn
their own living, but the training of tho
hand Is a panacea for the despondency
and sadness that so often fill the lives
of blind children."
The conditions of admission to the
school are thus stated:
"The school Is supported by appropria
tions made by the Legislature, and' the
advantages it offers are free to ,all the
blind youths of the state and1 those whose
SJght Is so defective that they cannot!
obtain an education in the public school.
The only erpense parents are required to
bear is in supplying their children with
comfortable clothing in such quantities
as to admit of the necessary change for
washing and mending, and to defray trav
eling expenses to and from the school. If
the parents, relations or friends of a child
are not able to provide these necessary
expenditures, the County Coudts are re
quired by law to render such assistance.
"AH pupils board and have their home
at tho institution during the school tterm.
Board, furnished rooms, and medical at
tendance are free.
"The conditions of admission are:
"1. Insufficient vision to attend the public-
schools.
"2. Ability to receive Intellectual, phys
ical and moral training.
"3. Willingness to conform to neces-
sary rules and regulations.
"4. Good moral character.
"School opens for the reception of pupils
September, when all are expected to
be present so as to begin the work to
gether and avoid the confusion of coming
in later in the term. The session will con
tinue for 3G weeks."
Workers at Deaf Mue School.
The State Board of Education today
elected the following subordinate officers
for the State School for Deaf Mutes:
Teacher, Nellie Cobb, Wellston, O.; boys'
superintendent, Augustus Hesley, of
Rochester, N. T.; girls' superintendent,
Lucretla Cove; seamstress and music,
Mrs. Anna Scovell.
Jnly Report for Insane Asylum.
The report of Superintendent J. F. Cal
"breath, of the Oregon Insane Asylum, for
the month of July, shows the following:
Number of patients June 30 1200
3s umber received during July 33
Number of escapes returned 3
Number under treatment 1236
Number discharged recovered 7
Number discharged lir-proved 7
Number discharged not improved.... 2
Number died , 12
Number eloped 5
Number remaining July 31 1203
Average attendance liaS
Total expense for articles con
sumed $6.317 92
Pay roll for month 6,395 44
Total $11,713 36
Cost of maintenance per capital per
month 9 78
Per day 0 31
Received nt the Asylum.
Carrie Day, aged 3S years, has been, re
ceived at the asylum from Cascade Locks,
"Wasco County.
Applied for Under Arid Land Act.
It was announced in the State Land Of
fice tcday that the land applied for by
W. E. Burke, of the Portland Land Com
pany, under the Carey arid land act,
comprises, approximately, sections 3, 4, 5,
h. 7, 8, 9, 10. 15, 16, 17, 18. 19, 20, 21, and
22, in township 24 south, range 33 east
of Willamette meridian. This land lies
just soufh of the center of Harney
County.
Payments to State Treasury.
Master Fish Warden H. G. "Van Dusen
today paid in to the State Treasury
$90730 collected by him for licenses dur
ing June and July.
Yamhill County today made a payment
of $3000 on its state tax for 1900 and
JS77 97 to settle the balance due on its
bounty tax.
SALMON COMBINE BALKS.
Promoters Do Not Want to Pay Ac
cepted Price for Cannery.
ASTORIA. Aug. 5. The indications now
are that the sale of the Alaska Fish
ermen's Packing Company's plant, to the
Pacific Packing & Navigation Company
Is off, at least at the price originally
agreed upon.
When the conference was held in New
York the combine promoters accepted
the proposition of the local company to
sell its Bristol Ray' cannery for $200,000
cash and were given until August 10 to
pay for it NLast Friday the combine of
ficials sent word that they would not
pay cash. They, however, offered' $1000
cash, $1000 preferred stock a"nd $1000 com
mon stock in the new concern for each
$500 share in the Fishermen's Packing
Company, provided 53 shares were deliv
ered by August 10. A message was im
mediately sent directing them to return-
the books belonging to th6 company, but
this they refused to do, stating that they J
naa an opuon on tne plant ana until
that expires they will hold the books.
The Alaska Fishermen's Packing" Com
pany has a capital stock of $70,000, di
vided into 140 shares of $500 each. Of
these, 104 shares are held by private in
dividuals, the balance being in the com
pany's treasury. Its plant and outfit cost
a little over $70,000 and the company ha3
made money each year since it was or
ganized. The reports from the North in
dicate that this season will be equally
as successful, so many of the stock
holders arc not anxious to sell.
WETTED FOR FORGERY.
B. R. Moore, of Linn County, Is Said
to Have Raised a Check.
ALBANY, Aug. 5. A young man about
18 years of age, named B. R. Moore, is
wanted In this county on a charge of
forgery. Moore had been working In J.
M. Wiley's saw mills, near Lebanon.
When he quit work Mr. Wiley gave him
a check for $8 on Jerome Smith. Moore
raised it to $S0 and thei presented it for
payment. Smith knew that Moore had
been working for Wiley for some time, so
paid the order immediately. When the
forgery was discovered, a warrant was
Issued out of Justice Lovelee's Court and
the officers are now hunting for him.
Wheat Around Walla Walla.
WALLA WALLA, Aug. 5. As a rule
the farmers are too busy with harvest to
talk when they come to town. A few
stopped long enough to say "the yield
Is better than I expected." Charlie Richie,
manager of Fred Stein's big ranch, said:
"The wheat Is going over 35 bushels to
the acre, and will probably do better, as
we are only cutting the outer edges of
the fields with the big combine, which cuts
and sacks over ,30 acres a day." Joe C.
Painter, of Eureka Flat, said: "It is go
ing about 35 bushels." W. H. Babcock,
who has some 5000 acres in wheat on the
Flat, said: "It is going over 30 bushels.
I had a piece of sod that went 31 bush
els." Brewster Ferrel, from the foot of
the mountains, said: "I Is going about
as usual, over 45 bushels." Harry Ab
bott had Just finished cutting 2S0 acres
of club that averaged 34 bushels and a
fraction. Joe W. Harbert saia: "I got
45 bushels of club to the acre." A neigh
bor of Harbert's said: "I have known
Joe to cut 60 bushels to the acre on the
same land." The land on which these 45
bushels to the acre are gathered has,
most of it, been cultivated for over 30
years.
Smal Hold-Up Near St. Helens.
ST. HELENS, Aug. 5. Last evening
about 8:30 on the road from Houl
ton to St. Helens, two highwaymen held
up S. Saxon and relieved him of $7 in
cash. The hold-up was a very bungling
affair. The search for money was only
partially made when they let their vic
tim go. Mr. Saxon described the two par
ties very accurately and is of the opinion
that he recognized the voice of one of his
assailants. The spot selected was a very
good one, but it was too early in the
evening, being yet daylight, The larger
man of the two wore a black sweater and
the smaller one a white shirt. They Im
mediately took to the brush, going In the
direction of Houlton. At first suspicion
rested on two Indian boys who had es
caped from school and were traced as far
as Houltton, but the dress and size of the
men does not correspond.
Hlllsboro Brevities.
HILDSBORO, Aug. 5. The residence of
D. M. C. Gault, editor of the Independent",
caught fire today from a defective flue
leading from a Summer kitchen. 'Prompt
action by the fire department extinguished
the flames. The roof only was damaged,
the loss being small.
Yesterday was the hottest day of the
season on the plains of the Tualatin. The
thermometer registered 102 In the shade,
and the heat kept up lntll after 10 o'clock.
Joseph Meier, a Newton farmer, was
yesterday thrown from his buggy while
driving down the MInter bridge grade and
severely injured, his little boy, who was
with him, escaping without Injury. This
is the third accident Meier has had with
in a year.
Clackamas County Crops.
OREGON CITY, Aug. 5. The threshers
have started up In several sections of
Clackamas County, and good yields of
grain are reported. The yield of oats
Is unusually large. William Barlow had
900 bushels of wheat threshed on his
place, the yield averaging 25 bushels to
the acre. Deputy County Assessor" N.
Blair, of Elliott Prairie, reports that
considerable grain Is being threshed in
that section, the wheat averaging 20 to
25 bushels and oats 40. Mr. Blair has
traveled over the county considerably in
his official capacity, and states "that" the
poorest crops are in the immediate vicin
ity of his own home.
Attacked by a fiog.
Florence West.
Last Saturday Joe, the 6-year-old son
of Frank Fox, of Llnneus, was attacked
by a hog and bitten In several places.
The boy and a dog were playing in a field
near a sow with a litter of young pigs,
when the sow rushed at the dog. The
animal eluded her and the vicious brute
next attacked the boy. Fortunately for
the little fellow, his grandmother saw the
fracas and at once set the dogs to drive
the hog away. When rescued the boy had
a number of wounds on his neck and one
hand was severely bitten, besides bruises
on different? parts of his body.
To Speak at Oregon City Institute.
OREGON CITY, Aug. 5. County Super
intendent Zlnser has secured the follow
ing talent for the -annual teachers' In
stitute to be held here during the first
week in September: President P. L.
Campbell, of the State Normal School,
at Monmouth; City Superintendent Frank
Rlgler and County Superintendent R. F.
Robinson, of Portland. An effort is be
ing made to secure Dr. Sheldon, of
Eugene, for a place on the programme.
State Superintendent Ackerman will also
be present.
Wheat in Umatilla County.
HELIX, Aug. 5. Crop conditions
around here are reported as being excel
lent. Harvesting Is now fairly under way.
Barley Is generally threshed, with goodl
yields and fair quality, while the wheat
crop will not be as large as promised
earlier in the season, the Indications point
to an average yield of fair quality. So far
as threshed, farmers Teport from 20 to 30
bushels per acre.
-
Fined for Violating- Game Lavr.
ALBANY, Aug. 5. The first arrest this
season for vlolat'lon of the game law
was made yesterday morning by the Al
bany Deputy Game Warden, who caught
John M. Nceham while shooting a Chi
nese pheasant eH was taken before a
Justice, and upon pleading guilty, was
fined $15 and costs. A strong effort Is
being made to stop the early shooting of
birds.
Geological Survey In Cascades.
ALBANY, Aug. 5. Fred G. Plummer
and party of surveyors in tho geological
department of the Government's service,
after completing the work up the Mc
Kenzte this afternoon, left for Oregon
City, from which place they will go into
the Cascades, east of there, to continue
tho work.
Coming Northwest Events. -
Southern Oregon district fair, at Marsh
field, August 27 to September L
Oregon State Fair, at Salem, September
123 to. 29.
MURDERED BY WHITE MEN
REPORT THAT TJNIMAK ISLAND
CRIMINALS WERE NOT INDIANS.
Killing; of Jhbc O Is Said to Have
Been Done by Deserters From,
Fishing Schooner.
SEATTLE, Aug. 5. Advices from Dutch
Harbor, via Sitka, on the steamship
Queen, Indicate that two white men shot
down Con and Florence Sullivan and P.
J. Rooney on Unlmak Island last June.
Owen Jackson, the only surviving mem
ber of the ill-fated party, expresses. In
his statement of the affair, the belief that
natives shot down the defenseless pros
pectors. Other evidence, however, tends
to make two deserters from a fishing
schooner responsible for the deed.
Rooney, Jackson and the Sullivan broth
ers had landed their camp equipage on
Unlmak Island, June 6. They left the
supplies for a few moments. Returning,
they saw two men taking their goods
away. These men then attacked the un-
DECLARED PART OF WASHINGTON
Judge T. 21. Brunts,
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offlces for six years. He declined renomjnatipn -in 1884. In 1896 he was elected Su
perior Judge of Walla Walla County on the Republican ticket by 48 majority, Bryan
carrying the county by 56. He was re-elected last Fall by a majority of 1025 in a
total of 3624 votes. )
,
armed miners with the very guns they
had stolen from their camp, and shot,
down all but Jackson, who escaped and
fled through the woods. Subsequently
Jackson was rescued in an exhausted and
half-starved condition. The Sullivan
brothers had about $1500 on them at the
time. Jackson believes that the murder
ers are natives, but he is probably mis
taken. It has since been learned that when Rev.
Mr. Scott, with a party of prospectors,
was camped on Unlmak Island about the
time of the murder, two white men, who
had deserted from one of Linn & Hoff's
fishing schooners, the Arco or Fremont,
came to their camp and told a story of
having stopped over night at another
prospectors' camp, where they found two
of them dead and evidences of another
having left. These men showed Scott
about. $1200 In money, a Savage rifle, re
volvers and a gold watch.
fu !, .
they were going back, to bury the men,
This was the last seen of them by Scott.
The story of the affair the first de
tailed account as told by Jackson in a
sworn statement, reached Seattle today on
the Queen. This deposition was taken by'
Deputy United States Marshal John R.
Richards, at Dutch Harbor, Alaska, July
17. It was sent to Sitka by the steamer
Newport, ,and thence came to this city
by the Queen.
AFTER LONG-TIME FRANCHISE.
Pacific States Telephone People
Want 30 Years In Astoria.
ASTORIA, Aug. 5. A conference was
held yesterday afternoon between Judge
Carey, of Portland, representing the Pa
cific States Telephone & Telegraph Com
pany, and several of the city officials.
A proposition was submitted by the com
pany to compromise the suit now pending
against it to recover a penalty of $500
for failure to pay the license of 30 cents
per quarter on each instrument operated
in the city. The franchise which the tel
ephone company now holds extends for
eight years longer and covers everything
Nfor which electricity may be used.
Under the terms of the proposed com
promise the company offers to give up Its
present franchise, pay the city $500 at
once, .$250 on the first of each January
during the coming 15 years and $400 a
year In advance., during the following
15 years, providing it is given a 30-year
franchise simply for telephone and tele
graph lines.
The company also agrees to the restric
tion that its rates for service shall be
no higher than the average1 price charged
in cities of approximately the same pop
ulation In Oregon and Washington.
An ordinance granting a franchise in
accordance with the above provisions was
introduced at the meeting of the Council
this evening, but will not be voted upon
until a future meeting.
FOUND BADLY INJURED.
Walla Walla Cab-Driver Meets With
Mysterious Accident.
WALLA WALLA, Aug. 5. Mlkehaug
nessey, a cab-driver, well known in this
city, lies at the hospital today, perhaps
fatally injured. He has not regained con
sciousness since an accident yesterday.
Sunday was his day off, and a local livery
man secured him to drive a party of har
vesters several miles to the country. He
took a team and spring wagon for the
trip. A few hours later the team came
back to the stable without the driver.
Search was Instituted, and Shaugnessey
was found by the roadside three miles
from town. Evidently a bad accident "had
occurred. The man was unconscious and
three ribs were broken, one penetrating
the lungs. No explanation can be given,
and the unfortunate man has not regained
consciousness to tell of the trouble.
ALLEGED MISUSE OF MONEY.
Judge Rognon, of Teller City, In
dicted and Arrested.
SEATTLE, Aug. 5. The Teller News re
ceived today, via the steamer Queen, just
In frbm Alaska, says on July 18: Judge
E. G. Rognon, Judge of the United States
Commissioners Court at Teller City, has
been Indicted by the Federal grand Jury
and arrested for alleged misuse of Gov
ernment money. The Judge used Govern
ment money for the purchase of supplies
and a building which he claimed was for
Government use. He claims to have made
arrangements whereby the Government s
amply protected from loss, and that the
matter should have been ajid would havo
been settled by a civil suit if It had not
been for the activity of his enemies.
FUTURE SUMMER RESORT.
Hot Springs in Linn County, Above
Detroit, May Soon he Boomed.
ALBANY, Aug. 5. A man at the Brei
tenbush Hot Springs, 16 miles above De
troit, in the Cascades, who was. recently
at the Byron Hot Springs, in California,
pronounces the Breltenbush springs far
superior to the! famous California springs.
There are six springs of a marked dlffer-
ence of Ingredients, all of a temperature
240 degrees above zero, and possessing
striking medicinal qualities. The title
in the property of Mr. Claud Mansfield
is being contested before the United
States Land Office. A decision is ex
pected In two or three weeks. Mr. Mans
field reports an offer of $30,000 for a half
Interest in the property in case his title
to It Is confirmed. In such an event an
electric motor In to the springs is thought
of.
ALSO PURCHASING AGENCY.
Vancouver, B. C, Assay Office Will
Buy as Well as Test Gold.
VANCOUVER, B. C Aug. 5. A sper
cial from Ottawa says that acting on
suggestions received from Vancouver, the
government has decided to establish the
assay office recently opened In Vancouver
as a purchasing agency also. Details have
now been concluded, and the system Is
made as complete and perfect as possible.
It Is to be arranged immediately that gold
will be paid for by the assay office itself,
either in ordinary currency, or else by Is
suing checks on a local bank for the full
value of the gold ,wlth 1 per cent added as
the rebate allowed on all gold upon which
the royalty has been paid In the 'North.
R. McCaffry, manager of the Vancouver
office, was this afternoon asked regarding
SUNDAY CLOSING LAW INVALID
of Walla Walla.
WALLA WALLA, Aug. 5. Thomas
Hurley Brents, Judge of the Superior
Court for "Walla Walla County, who
recently decided a part of the "Wash
ington Sunday law unconstitutional,
was born in Pike County, Illinois, De
cember 24. 1840. In 1852 he accom
panied his father and family across the
plains to Clackamas County, Oregon,
being over six months on the way. Dur
ing the "Winter of 1800-1 he herded cat
tle during the day and read law In the
evenings in the Yakima "Valley. In
1862-3 he rode express between Can
yon City and The'Dalles. He was Jus
tloe of the Peace and Postmaster at
Canyon City, and a member of the Ore
gon Legislature from that section, vot
ing for the fourteenth amendment to
the Federal Constitution. After being
admitted to the bar he married Miss
Isabel McCown, of Clackamas County,
and in 1870 settled in "Walla Walla,
where he has since resided.
He was elected Delegate to Congress
from Washington Territory in 1868, and
was twice re-elected, serving on the
committees on public lands and post-
the instructions said to have been issued
in the dispatch from Ottawa. He said
that the news was correct, that he has
received a wire from Hon. Clifford Slfton,
Minister of the Interior, stating that com
plete instructions along the line Indicated
would he issued at once.
Salmon Run Again Increasing.
ASTORIA, Aug. 5. The run of salmon
is again Increasing both as to the mouth
of the river and reaching as far as the
up-river" seining grounds. The traps In
Baker's Bay are doing better than at
any time this season and the glll-netters
are making good catches. The price of
fish has been raised by all the buyers
from 4 t6 5 cents, and this Is now the
ruling price for all sizes of salmon.
The City Council this evening granted
fence in five blocks of Duahe street for
a street fair during the regatta, and ap
propriated $200 to light the same.
Ordinances to Increase the salaries of
the City Attorney, Surveyor and Auditor
were defeated.
Frank Hoffman, tne man who so
brutally bsat Mrs. Johns near Cathla
met a few days ago, has not yet been ap
prehended, -although he Is reported to
have been seen at several places. The
County Court of Wahkiakum County has
offered a reward of $100 for his capture.
Mrs. Johns nas partially recovered from
her wounds, hut Is still in a critical con
dition. The experts who have been examining
the books of the various county officials,
have completed their work. The report
will be submitted at the next meeting
of the County Court.
A contract was let to Erick Gustafson
today for erecting a new residence for
Captain George Flavel. This building Is
to be completed December 31. The price
is not made public, but Is understood
to be about $6000.
ncui biiu rruii hi AHJIjanu.
ASHLAND, Aug. 5. The first? new wheat
of tho season was brought to the (flour
ing mills here vSaturday. It came from
the Joshua Patterson place, weighed 63
.. .., .. .
rpounds to the bushel and went 22 bush
els to the acre. The price paid in Ash
land for wheat is 48-centfe per bushel, 4
cents higher that at any other point In
the Rogue River Valley.
The peach season is now in full swing
and shipments both by express and freight
are heavy. A very conservative estimate
of the peach chop from tho Ashland or
chards this season places the output at
60.000 boxes, and the prices being realized
are very satisfactory to the growers. The
berry crop Is unusually large, In great
demand and bringing excellent prices. An
unusual feature of the market Is that the
growers are unable to supply the de
mand that comes for blackberries from
Northern California.
Ashlnncl Mining Notes.
ASHLAND, Aug. 5. Mdst favorable re
ports reach here concerning developments
in tho Wabasha mine, on Che south slope
of the Slsklyous. The mine is owned by
H. Matterns, of this cltv and Messrs.
Bennett & Raynolds, of Minnesota. They
bdve been engaged In development work
for the past few months and have suc
ceeded in uncovering a three-foot vein
that goes over $10 to the ton.
An exceptionally, rich strike Is reported
from the Ajax mine, Jh Grouse Creek,
a few miles from Colo station, that goe3
$428 75 to the ton, and the vein Is 18
inches wide. This property was pur
chased a few months ago by a number of
the railroad employes who have since
been working the mine.
Populist Paper Sold and Moved.
KALAMA, Wash., Aug. 5. The Cowlitz
County Press, published at Kalama, has
been eold by Joseph O'Neill to F. A. Dry
den, Postmaster at Castlerock, and is
"being moved to the latter place "today.
The Press has been the organ of the Pop
ulist party in this county and has had
three different publishers In as many
years, leaving each, in turn, in financial
embarrassment. Its politics willnow be
changed and It will hereafter proclaim
the -benefits of tho gold standard and ex
pansion. There are two factions in the
Republican party of Castlerock, and as
each faction now has an "organ," a hot
fight Is looked for In our sister town.
Walla Walla Saloons Were Closed.
WALLA WALLA, Aug. 5. Saloons
again remained entirely closed yesterday,
but the cigar stores, confectionery and
Ice cream stands and novelty stores re
mained open, doing a little business. None
qf the larger establishments opened.
It Wan Hot. at Walla Walla.
WALLA WALLA, Aug. 5. The ther
mometer registered 102 degrees today. No
sunstrokes or heat prostrations Tvere re
ported. . ,.
WATER RIGHTS DEFINED
TWO CASES BROUGHT UP kFROM
THE EASTERN OREGON COURTS.
Most Not Torn Stream So as to In
jure Others' Land Flowing Spring
May Be. Appropriated.
SALEM, Aug. 5. The Supreme Court
today handed down decisions in four East
ern Oregon cases, three of which were
affirmed and one reversed. The features
of the decisions are:
Damages were allowed for diverting
water so as to Injure another's land.
The appropriation of water from a flow
ing spring was sustained.
Whether personal property becomes part
of the realty was declared to be a ques
tion of intention.
Gamblers must repay double the amount
won from a player if suit Is brought.
The cases in detail were as follows:
Thomas J. Brosnan, appellant, vs. W.
P. Harris, respondent, from Malheur
County; M. D. Clifford, Judge; reversed.
Opinion by Chief Justice Bean.
This was a suit to restrain the diversion
of and interference with the water of a
certain spring in "Malheur County, known
as Fox spring. Prior to August 4, 1S99,
the land upo nwhich It Is situated was
unoccupied public land of the United
States. In November, 1898, plaintiff cut
a ditch some SO feet long through the
rim or embankment Inclosing the spring,
through which, In April, 1899, ho con
ducted Its waters into a "kind of a trail
or swale that the snow water had made
through there, and run It through this
channel" to, his premises, a quarter of a
mile distant,, where the water was used
for stock and other purposes, the surplus
going to waste. In May, 1899, Brosnan
filed what he intended to be a notice of
location of all the waters of the spring,
but which proved Insufficient for want of
a definite description, and soon thereafter
'he contracted with some workmen to en
large and develop the spring and lay pipe
therefrom to his "premises, so as to pre
serve all the water for use during the
Summer months, when It was his only
natural water supply. Before, however,
any of this work was done, with the ex
ception of opening out and enlarging the
trench previously dug, the defendant took
up the land on which the spring Is situ
ated as a homestead, and forbade the
plaintiff from taking or using the water
therefrom. The defendant, in his answer
and testimony, admitted the existence of
the spring, and says that at the time he
entered upon the premises there was about
an inch and a half of water flowing from
it through an opening in the rim or em
bankment down to the plaintiff's prem
ises. The court below decided In favor of
the defendant, holding that the waters of
the spring- were not subject to appropria
tion, for the reason that there is no nat
ural stream flowing therefrom, and it s
not tributary thereto, nor does it form
a part of any natural water course. The
opinion of Chief Justice Bean says In
part:
"The argument Is that the waters of
o perennial spring are not subject to ap
propriation unless they flow In a natural
cnannei or iorm part of a water course.
There seem to be but few cases In which
the rights of the approprialor of the wat
ers of such a spring, as against a subse
quent grantee of the Government, have
been considered. If the water rise's to
the surface so as to form a stream, it
may, of course, be appropriated, even
by the construction of ditches up to the
spring. . . . Where one goes, upon pub
lic unoccupied land of the United States
and diverts the water thereon from Its
natural source, and puts it to some bene
ficial use, he thereby acquires a right to
continue such diversion and use as against
a subsequent settler upon the land,
and It Is unimportant whether the diver
sion is from a natural water course or
a spring or a well formed by percola
tion. "Whatever doubt may exist elsewhere
upon the question, it would seem that the
right to make such an appropriation of
waste, spring or seepage water finds rec
ognition In the legislation of this state
(session laws of 1893, page 150). The de
cree of the court below is reversed and
one entered here in plaintiffs favor."
J. L. Albersoh, responaent, vs. The Elk
Creek Gold Mining Company, appellant,
from Union County; Robert Eakln, Judge;
affirmed. Opinion by Justice Wolverton.
The principal question Involved in this
case is concerning the circumstances
.which warrant the conclusion that per
sonal property has become part of the
realty by being affixed thereto. The opin
ion says:
"Latterly, the strict rule that whatso
ever Is affixed to the soil partakes of the
nature and becomes a part of the realty
itself has been much relaxed to meet the
requirements of manufacturing Industries
and trade relations, so that now the ques
tion whether an article of personalty, In
its original state, has become a part of
the freehold, depends upon three condi
tionsannexation, real or constructive;
adaptability to the use or. purpose of the
realty to which it is attached, and the
Intention of the party making the annexa
tion to make it a permanent accession
to the freehold. ... In the case at
bar there was annexation and adaptabil
ity, so that the question of intention only
remains, and that Is a mixed question of
fact and law. The fact comprises the In
tention, and when this Is ascertained the
law fixes the status. The Intention to be
sought is not the undisclosed purpose of
the actor, but the Intention Implied and
manifested by his act. It Is an Intention
which settles, not merely his own rights,
but the rights of others who have or may
acquire Interests In the property. They
cannot know his secret purpose; and their
rights depend, not upon that, but upon
the inferences to be drawn from what Is
external and visible."
In this case, John H. and Frank J.
Davey had taken an option on a mining
claim and bought mining machinery from
.Alberson, to whom they subsequently
gave a mortgage. Before tho mortgage
on the machinery was given, they had
affixed the machinery to the realty, and
before It was recorded they had decided
vto purchase the realty under their option.
After the mortgage was recorded they
forfeited their rights under the purchase
and the land was thereafter sold to the
Elk Creek Gold Mlnjng Company. When
Alberson sought to foreclose the mort
gage the mining company claimed the ma
chinery. The Supreme Court h"blds that when the
Daveys decided to make the purchase
they thereby manifested an Intention to
make the personalty part of the realty.
But since the mortgage was recorded be
fore the Elk Creek Gold Mining Company
secured Its interest, they bought with
notice, and the machinery wll not be
considered part of the realty so far as
concerns the mortgagee. The decision of
the lower court Is therefore - affirmed.
John Meyers, respondent, vs. John Dil
lon and Charles Mellqulst, appellants,
from Union County: Robert Eakln, Judge;
affirmed. Opinion by Chief Justice Bean.
This action was brought under section
3528 of Hill's Annotated Laws, to recover
double tho amount of $200 alleged to have
been lost by plaintiff at a game of
"twenty-one" carried on at the time by
the defendants as proprietors. The Jury
found that plaintiff had lost $200, arid the
court entered judgment for $400, from
which Dillon appealed.
The Supreme Court,' In affirming this
Judgment, holds that under section 776,
subdivision 12, of Hill's code, common rep
utation was competent evidence of the
ownership of the gambling device. It is
also held that when a defendant has
pleaded guilty to a charge in a criminal
action, his plea may be introduced in evi
dence in a civil action to show an admis
sion of the facts. The Jury's finding that
$200 was lost by plaintiff Is held to be
proper and sufficient to warraht the court
In entering judgment for double the
amount
L. Oldenburg, respondent, vs.- Oregon
Sugar Company, appellant, from Union
County; Robert Eakln, Judge; affirmed.
Opinion by Justice Moore.
This was an action to recover damages
to real property. Plaintiff alleges that he
Is the owner of certain land in Union
County, and that the defendant, a cor
poration, unlawfully placed a dam In the
channel of the Grand Ronde River where-
yby the water was deflected and overflowed
his premises bordering on said stream,
washing away the earth and destroying
his Irrigating ditches and carrying off his
fences, to his damage In the sum of $5800.
The defendant, having denied the ma
terial allegations of the complaint,
averred that prior to the Injury com
plained of said river had been diverted
from Its natural bed and overflowed de
fendant's land, to prevent the washing
away of which a temporary dam was
placed in the new channel, whereby the
water was returned to and flowed in Us
accustomed bed, and, that said dam was
carried out before plaintiffs Injury oc
curred, which was occasioned by a freshet
in said river. The reply having denied
the allegations of new matter In the an
swer, a trial was had, resulting In a ver
dict for plaintiff In the sum of $900, and
defendant appealed.
The questions which were presented
on appeal are numerous, and all arise
upon rulings made In the lower court on
the admission of evidence. Plaintiff In
troduced in evidence a deed to property
not described in the complaint Upon dis
covering that the land described In the
deed was not mentioned In the complaint,
the court withdrew the evidence and In
structed the jury to disregard It. The Su
preme Court holds that the error was
thus cured.
Plaintiff Introduced In evidence a map,
and his witnesses testified concerning ob
jects noted thereon. Defendant on cross
examination exhibited another map to test
the witnesses' knowledge of the relative
location of objects, but this cross-examination
was not allowed, and the Su
preme Court holds that It was proper
not to permit witnesses to testify regard
ing a map that had not been introduced
In evidence.
On cross-examination the plaintiff was
asked: "What Is the effect of putting a
dam across a stream? Does it make the
stream run faster or does It deaden the
water?" Held, that an objection to this
question was properly sustained, for this
Is not a matter requiring expert testi
mony, and If the Jury were not capable of
understanding the effect of a dam. the
matter Is within the knowledge of the
court and should be declared by the court
to the jury.
Plaintiff having testified that his land
before the damage was worth $200 per
acre, and that he had never valued It so
low as $20 per acre, the defendant then
undertook to show by the County Asses
sor's records that plaintiff had sworn that
his land was worth $1500. The court re
jected this evidence, and the Supreme
Court sustains the ruling upon the ground
that the value expressed on the assess
ment blank Is placed there by the As
sessor, while the landowner swears only
to the list of his property and not to Its
value.
Several other assignments of error are
considered, but the Supreme Court sus
tains Judge Eakln In every particular.
Other Supreme Court Orders.
Asa L. Brown et al., respondents, vs.
L. B. Baker et al., appellants; ordered
that appellants have 20 days additional
to file petition for rehearing.
G. D. Trotter, appellant, vs. Town of
Stayton, respondent: appellant allowed
until August 2Q to file reply brief.
City of Philomath, appellant, vs. J. W.
Ingle, respondent; appellant allowed to
print abstract with brief, and have until
October 1 to file the same.
James C. Wlndle. respondent, vs. ElHs
G. Hughes, appellant, argued and sub.
mltted.
Title Guarantee & Trust Co., appellant,
vs. Caleb A. Aylsworth, respondent; peti
tion for advancement presented and taken
under advisement. Appellant's time to file
brief extended to September 1.
CUSHMAN AT VANCOUVER.
Talks of Free Delivery Ronton and
River Improvement.
VANCOUVER, Wash., Aug. 5L Repre
sentative Francis W. Cushman, of Ta
coma, spent yesterday and a portion of
today In Vancouver and vicinity. Mr.
Cushman has been taking considerable
Interest for several months past In secur
ing the establishment of free rural mall
delivery throughout the western part of
the state. Petitions for the establishment
of two delivery routes In Clark County
were sent to the department some time
ago, and Mr. Cushman says he has just
been advised that a special agent of the
department will be here within the next
two weeks for the purpose of making an
examination of the proposed routes and
a report thereon.
Relative to the improvement of the Co
lumbia at this place, which is probably
a matter of greater importance to Van
couver people at this time than any other,
Mr. Cushman thought the appropriation
of $12,000, recommepded by the Engineers'
Department, for dredging a channel
through the bar between Vancouver and
the mouth of the Willamette, too small.
He agreed with Vancouver citizens gen
erally In the opinion that a. much larger
sum would be necessary to remove the
bar, and will recommend an appropria
tion of not less than $30,000 for that pur
pose. Quotations of Mining Stocks.
SAN FRANQISCO, Auc 5. Official closing
quotations of mining stocks:
Alta $0 04 1 Justice
.$0 o:
Alpha Con
Kentuck Con 2
Mexican 12
Andes 3
Belcher 5
Best & Belcher... H
Bullion 1
Caledonia ....... SO
Occidental Con ... 3
Ophir itu
Overman 12
Potosl o
Savage 6
Seg. Belchr 1
Sierra Nevada ... 13
Silver Hill 34
Standard 3 35
Chollar 5
Challenge Con ... 31
Confidence 1 05
Con. Cal. & Va... 1 85
Crown Point .... 8
Gould & Curry...
Hale & Norcross.
12i Union Con 11
33ielIow Jacket .... 20
NEW YORK. Aug. 5. Mining stocks today
closed as follows:
Adams Con $0 25LIttle Chief $0 12
Alice 45
Breece 1 40
Ontario 8 50
Oohlr 65
Brunswick Con
11 Phoenix 8
Comstock Tunnel. 0 Potosl
0 Potosl 3
Con. Cal. & Va... 1 00 1 Savage :
Deadwood Terra.. 55 1 Sierra Nevada
5
12
Horn Silver 1 75Small Hopes
50
Iron Sliver
551Standard 3 20
Leadvllle Con
01
BOSTON, Aug. 5. Closing quotations:
Adventure $ 25 OO'Osceola OS 00
Bins-. Aim. Co.. 20 BOlParrott 40 m
Amal. Copper .. 110 OOIQulncy 175 00
Atlantic 36 00Santa Fe Cop... 6 00
Cal. & Hecla... 745 00Tamarack 345 00
Centennial 27 pOIUtah Mining ... 28 50
Frankltn 17 00 Winona 2 50
Humboldt 25 00 Wolverines C2 00
SPOKANE, Aug. 5. The closing quotations
of mining stocks today were:
Bid. Ask. Bid. Ask.
Amer. Boy ..6 7 Morrison 3 3tf
Blacktall .... 0 D Prln. Maud .. 1 14
Butte & Bos.. VA Qullp 15 26
Crystal 5&Ramb. Car ...45 47
Conjecture .. 3i 4WRepublIc 3 5
Deer Trail ... 2 2 (Reservation .. 3Ji 44
Gold Ledge .. 1 lfylRoss. Giant .. 2& 3
L. P. Surp... 4 5 Sullivan 1 7V
Mtn. Lion ...28i 30 Tom Thumb.. .13 13H
Morn. Glory.. 3 3H1 Wonderful ... 3ft 4&
Walla Walla Note.
WALLA WALLA, Aug. 5. The board of
officers buying cavalry horses have pur
chased S6 head since coming here last
week. They have now gone over to Ba
ker City and La Grande. Quartermaster
Jacobs advertises for 126 standard artil
lery horses to be delivered at Fort Walla
Walla, bids to be opened August 13. Ar
tillery horses are of a heavier grade than
cavalry horses. "Must go over 1200," says
Colonel James Jackson.
A new move has been made In the street
railway scheme. George Ludwlgs, one of
the heaviest holders of real estate on
Main street, circulated a petition asking
the Council to grant Mr. Ballou and as
sociate's the right to build and operate
a street railway in the city, with the
right to lay track in Main street, and in
L& short ttme tho owners of a large ma
jority of the Main street frontage had
signed the petition.
The new City Council will, hold its first
meeting Tuesday evening. It Is under
stood that early in ita career the new
The teeth will cot decay nor
the gums become soft If yoa use
25
AtfTXSEPTHJ
07QPQNT
Forthe TEETH and BREATH.
Bymoil;25 and 75c. Hall & Ruckel N.Y. Chx.
Council will pass an ordinance Increasing;
the liquor license. It may be double the
present license of $350, or put It up to
$CC0, the figure vetoed last Spring by
Mavor Betz. It Is certain that If a high
license Is passed it will not be vetcad by
Mayor babcock.
Vancouver Notes.
VANCOUVER, Wash.. Aug. 5.-The
work of preparing the exhibit of Clark
County products for the Yakima State
Fair Is progressing finely under the di
rection of a special committee of the Van
couver Commercial Club. A fine collec
tion of grains, grasses, fruits and other
products is being collected and from pres
ent Indications Clark County's first ex
hibit at the State Fair will be one of
which every citizen of the county may
Justly feel proud. The committee prom
lees an agreeable surprise In the artistic
arrangement of the exhibit.
A valuable draft horse belonging to
the Star Brewery Company, of this city,
was drowned In the Columbia, near the
ferry slip, on the Oregon side of the
river today. The big truck to which the
team was attached had been loaded with
barrels from the Merchants' Express
car and the team was left standing whilo
the driver was engaged In loading an
other wagon. The team took fright at
something and started down the Incline
which leads to the ferry landing. Be
fore the driver could catch them, horses
and wagon had plunged into the river.
Jack Bissener. the driver, succeeded, by
swimming out to the team, in getting
one of the horses out alive, but the other
became entangled In the harness and
drowned.
Sacred Concert at Vanvoucer.
VANCOUVER. Wash., Aug. 5. The sa
cred concert given at the Presbyterian
Church last evening under the auspices
of the church choir attracted an im
mense audience despite the extreme warm
weather. The programme was of pleas
ing character. The vocal solos. "Thft
Heavenly Song" and "The Ave Marin,"
sung by Miss Edna Taylor, were of high
order and much appreciated. Other
pleasing numbers were vocal solc by
Mrs. Mosely and Messrs. Boehmer and El-'
well, a vocal duet by Miss Taylor and
Miss Eva Taylor, two quartet anthems
by the choir of the church, and an organ
voluntary by Mrs. J. H. Elwell. At the
close the pastor, the Rev. F. W. Parker,
announced that the regular Sunday ser
vices at this church would be dispensed
with through the month of August, to bo
resumed the first Sunday In September.
At the Lucky Boy Camp.
LUCKY BOY, Aug. 5. The five claims
composing the Lucky Eoy Gold Mining
Company have Just been surveyed ready
for patent. Two surveyors have been
busy In the camp the past 10 days, and
tho different claimants are getting their
grounds In shape for patents. The three
bricks of the Lucky Boy mill yesterday
weighed 681 ounces, being the first
month's run of the 15 stamps, the new
five stamps commencing work at noon
on July 4. This is the best run ever made
by the mill.
Jesse RIbelln and partner just passed
up to their claims over on the Callpoola.
where he has lately found two rich and
promising' ledges.
Old Offender Sentenced.
SPOKANE, Aug. 5. Burt Klefer will
spend three years In the state penitentlary
for stealing some Danish money from the
residence of County Commissioner Bracht.
This sentence was pronounced by Judge
Richardson Saturday morning. Klefer
had nothing whatever to say for himself.
The Danish money was worth about 5150,
and belonged to Caroline Eyekar, who Is
working for Mr. Bracht.
This Is the second time within a few
months that Judge Richardson has passed
sentence on Klefer, and It Is probable he
will not have another chance for some
time to come. The other time he was
charged with stealing a pocket-book and
pleaded guilty, escaping with a light sen
tence. Swindler nt Aberdeen.
ABERDEEN, Aug. 5. Two slick indi
viduals, giving the names of Rosa and
McLean, swindled the bank of Hayes &
Hayes and several merchants here Sat
urday night by forged drafts and checks
on Portland banks. They got away with
money, diamonds and goods to tho
amount of about $400. ,
Idaho Xotes.
The total Idaho state school apportion
ment for July Is $31,5S0 04.
A drilling machine has been brought to
Nez Perces to bore for a city water sup
ply. There were 137 double-deck carloads of
L sheep shipped from Halley during the
month of June last. This was a total of
about 35.000 head.
J. T. Sldley and Levi Carter have boon
granted a franchise for 20 years to op
erate a waterworks and electric-light sys
tem In St Anthony.
State Engineer Ross, of Idaho, will In a
few days begin a hydrographlc survey to
ascertain the amount of water practically
available for irrigating purposes out of
the Boise. Snake and Henry's Fork Riv
ers. Rheamafisii)
Rheumatic pains are the cries of protest
and distress from tortured muscles, aching
joints and excited nerves. The blood has
been poisoned by the accumulation o!
waste matter in the system, and can no
longer supply the pure and health sustain
ing food they require. The whole system
feels the effect of this acid poison ; and
not until the blood has been purified and
brought back, to a healthy condition will
the aches and pains cease.
Mrs. James Kell, of 707 Ninth street. N. E
Washington, D. C, writes as follows: "A few
months ago I had an attack of Sciatic Xttieuma.
Usm in its worst Iorm. The
pain was so intense that I
became completely pros
trated. The attack was an
nnusually severe one, and
cry condition was regard
ed as being very danger
ous. X -was attended by
one of the most able doc
tors In Washington, who is
also a member of the fac
ulty of a leading medical,
college here. Ho told me
lo continue his nrescrlo-"
Uons and I would get well. After having It filled
twelve times without receiving the slightest
benefit, X declined to continue his treatment anv
longer. Having heard of S. S. S.(Swif t's Specific)
recommended for Rheumatism, I decided, almost
la despair however, to give the medicine a trial,
nnd after I had taken a few bottles I was able ta
hobble around on crutches, and very soon there
after had no use for them at all, S. S. S. having
cured me sound and well. All the distressing
pains have left me, my appetite has returned,
and X am happy to be again restored to perfect
health.
the great vegetable
purifier and tonic, is
the ideal remedy in all
rheumatic troubles.
There ore no opiates or
minerals in it to disturb the digestion and
lead to ruinous habits.
We have prepared a special book on
Rheumatism which every sufferer from
this painful disease should read. It is the
most complete and interesting book of
the kind in existence. It will be sent free
to any one desiring it. Write our physi
cians fully and freely about your case. We
make no charge for medical advice. -.
THE SWIFT SPEC1FI0 C0M ATLANTA, QA.
sss
I .'
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