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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 10, 1901)
THE MORNING OREGONIAN, JSATT7RDAY, AUGUST 10, 1901., TO RECOVER SHORTAGE SUIT FILED OX ACCOUNT OP THE DAVIS 31,000 DEFALCATION. Attorney-General Has Instituted Proceeding Ag-alnst Pennoyer, McBrlde and Metschan. SALEM, Aug. 9. Attorney-General Blackburn today began a suit agaJnst Sylvester Pennoyer. George W. McBrlde and Philip Metschan, to recover $30, 932 OS, alleged to be due the state on ac count of the defalcation of George W. Davis, clerk of the School Land Board, In 1S34. The complaint and summons were served upon Metschan this evening, thus giving jurisdiction to the Circuit Court lor this county. The complaint was veri fied by District Attorney Hart, on Juno 27, but the commencement of the suit was delayed until one of the parties should come to Salem, so that service could be secured. The complaint. In substance, is that the defendants wero Governor, Secretary of State and State Treasurer, respectively, from 1890 to 1S95, that by virtue of their office they constituted the School Land Board and were authorized to employ a clerk, that they employed George "W. Davis, who duly qualified; that Davis col lected certain specified sums of money, but failed to turn over to the State Treasurer $30,932 08 thereof; that this de ficit occurred during July, August, Sep tember, October, November and Decem ber, IBM, that the defendants were the managers of the said funds, exercised control over the same and were in re spect to said funds trustees of an express trust; that they neglected to perform their duties as such board in that they failed to require the clerk to make Im mediate payments to the State Treasurer and failed o examine his books and that by reason of such negligence Davis was enabled to appropriate money to his own use. The complaint also sets forth that a legislative committee examined the books of the clerk of the board in 1S95, but, either for lack of time or because of fraudulent representations, the deficit was not discovered, and that the clerk's books were thereafter fraudulently al tered so as to cover up the defalcations. It is asked that this examination of the books and the report that they were correct ce not considered a settlement or statement of account, but that, if It be so considered, it be set aside and a new accounting be had. The latter feature of the case seems to bring It Into the equity department pre sided over by Judge Boise, and the com plaint was docketed in that department. As Judge Boise holds court at any time there is business to attend to, toe case can be taken up whenever the parties are ready. Copies of tho papers -were sent to Port land today to be served upon Pennoyer. McBrlde will probably be served by pub lication unless he makes a voluntary appearance. The complaint apparently states all the facts upon which a technical de fense might bo based so that it is ex pected that the case will be tried upon a demurrer. Tho defenses which have been heretofore mentioned are: That the Leg islature relieved the board of liability by authorizing the appointment of a clerk; that the statute of limitation has run against the state claim, and that the legislative Investigation of 1S95 consti tuted a statement of account. (When seen by an Oregonian reporter last evening and asked his opinion con cerning the above dispatch, ex-Governor Pennoyer said: "I think that there must be some mis take about the matter. I don't think that the Attorney-General would be fool enough to bring such a suit. "As members of the Stato School Land Board we were olficers of the state, and Davis, the clerk, was also an officer of the state. It Is true that the board ap pointed the clerk, but its members were not responsible for him, or his trans gressions. "The Legislature at every session ap pointed a committee to examine the clerk's books, and those committees em ployed outside experts and reported everything correct, and that obviated the necessity of tfie board examining the books. The board had no authority to examine and report, and there was no law requiring it to do so. "The clerk was an ofllcer of the state in pursuance of law, and it seems pre posterous that a suit for his alleged shortcomings should be now begun against other officials who were not re sponsible for him. If such a suit has been brought, it Is for buncombe." Mr. Metschan Is at Salem, and is not expected to return to Portland until to morrow.) POPULAR LOAN AT SALEM. City Will Issue 930,000 of Bonds lo Refund Obligations Dnc. SALEM, Aug. 9. The members of the Salem City Council have decided to issue $30,000 worth of 4 per cent bonds, payable on or before the expiration of 1G years. The purpose of this issue is to refund the $30,000 worth of bridge bonds which fall due on October 1, 1901. The bridge bonds bear 5 per cent Interest and by mak ing a new issue In order to pay oft the maturing bonds, $300 per year can be saved. The new bond Issue will be in the nature of a popular loan, the small Investors be ing given the preference. This plan was followed by the Council In Issuing bonds for refunding the warrant indebtedness. The plan proved eminently successful and was entirely satisfactory to the people of the city. By means of a popular loan, subject to call at any time, the bonds are kept at home and the Interest is paid to residents and taxpayers of this city. The bond issue has been decided upon by the members of the Council at informal meetings held for the purpose of devising means for meeting the bonds due In Oc tober. Should no new issue of bonds be made, the city would be obliged to issue warrants to pay the old bonds, and the rate of interest would thereby be raised to 6 per cent As this will be the replac ing of a loan, and not the creating of a new debt, no special election will be nec essary. At the meeting of the Council next Tuesday evening a resolution will be introduced providing for an ordinance authorizing the bond Issue. Dam in Santlam Near Stayton. The County Courts of Marion and Linn Counties have agreed upon terms for Joint improvement of the county bridge across the Santlam River at Jefferson and for the building of a dam In the same river near Stayton. Each county will bear half the expense. The bridge at Jefferson will be retlmbered at a cost of from $5000 to J600G. Bids for the work have been called for and will be opened August 24. This will give time for the completion of the work this season. The reason for the building of a dam at Stayton is that the Santlam River has charged lt3 course just above Stayton and threatens to cut a new channel around the north end of the bridge. This would make the present bridge useless and a new one necessary. The dam will be constructed so as to throw the river back into its old channel under the main span of the bridge. The building of the dam will cost from $2500 to $3000. Petition for Assaulter's Pardon. A mother petitioning for the pardon of the man who committed criminal as sault upon her daughter is the almost incredible showing made by a petition filed In the Governor's office today. Two brothers, a half brother and an uncle join in the strange request. Nick Jenkins, the man who committed Che crime. Is serving a term in the penitentiary on ,a conviction in Douglas County in March, 1S99. He was aantanced to four years' .Jmprleonment. and has therefore 17 months yet to serve. The petition states fhat the victim of Jenkins' assault, Cathreln McBeatht was under tho age of 16 years, but consented to the crime. Some of the signers of the petition are as follows: Mrs. Manda Lewis, mother; Nell Mc Beath and Hugh McBeafh, brothers; E. H. Crane, half brother; W. J. Baker, un cle, all of Cleveland. Douglas County. These are relatives of the injured girl. The names of 42 other citizens are ap pended to the remarkable paper. NORTHWEST DEAD. r Davenport Pioneer. DAVENPORT, "Wash., Aug. 9. Bernard FitzpatricK, one of Lincoln County's pio neers, died hore of heart failure Wednes day night. Deceased was born in Ire land 68 years ago and located near Dav enport in 1879. He left five children by his first wife, Mrs. Annie Kelly, and a .son, Robert, of Portland, James, of Spokane, Ben, of Loomls, and a daughter, Kate, who Is dead. Deceased was married the second time four years ago. Fell Under "Worlc Train. GRANT'S PASS. Or.. Aug. 9 As a con struction train was making a run from the Kinnevllle woodyards, north of Grant's Pass, up on the main track, one of the Japanese workmen occupying the train fell from a car and was run over and Instantly killed. His comrades took charge of the mangled remains and buried them near the Japanese camp at Kinne vllle. Drowned From Log- Raft. CENTRALIA, Wash.. Aug. 9. S. H. Lovell, foreman at the Chehalls River Lumber Company's mill, was drowned at about 11 o'clock this morning in the Che halls River. He was handling some logs when he lost his balance and' fell into the water. He wae unable to swim. He left a widow and four children. Drowned in the Klondike. SEATTLE, Aug. 9. Word just received from Dawson brings news of the drowning of Andrew J. Lee in the Klondike. His body was found floating in the river, and a Coroner's jury fixed the death as hav ing occurred on June 9. His parents are In Norway, but he has a brother In De corah, la. Aged East Oregonian. LA GRANDE, Aug. 8. C. R. McGulre, an aged citizen of Summerville, died Monday, and was burled yesterday with Masonic rites. He was born in 1812 and moved to this county 25 years ago. Dur ing the past 15 years he has been a suf ferer from cancer. Died at the Asylum. SALEM. Aug. S.Wllllam Summers, aged 36, died at the asylum today. The remains were sent to Portland. Peter Vercler, of Salem. SALEM, Aug. 9. Peter "Vercler, aged 73 years, died at his home In South Salem today. Kewberg Paragraphs. NEWBBRG, Aug. 9. Grafe & Keller, proprietors of the Newberg Flouring Mills, have already received some wheat of this season's threshing, and turned it into flour. They are sanguine over the outlook for a good wheat crop in this part of the county, and expect v a steady run from now on. Dr. H. J. Llttlefleld, who has taken a trip as surgeon on the United States reve nue cutter Perry, into Alaskan waters, has returned home. The extent of the cruise was 900 miles north and 200 miles west of Seattle, from whence the Perry sailed. All the machinery has arrived for the Cliehalem "Valley Mills, Newberg's new flouring mill, and ia fast being placed in position. The new mill, located near the depot, is four stories In height, and is being equipped with the latest Improved machinery. The engine-house, situated in front of the mill, Is now under construc tion. As there Is not enough wheat raised in Chehalem Valley to supply both of Newberg's flour mills, many thousands of bushels will be shipped in here from other parts of the country. Baker City Items. BAKER CITr, Aug. 9. George J, Bent ly, one of the attorneys in the case of the State vs. Manny Howard, convicted of horse stealing last month, has secured tho signature of Judge Eakin to the nee essary documents perfecting the appeal to the Supreme Court. It Is expected that Howard, who Is in the penitentiary, will bo released on ball. Geiger & Kendall, of Portland, were awarded the contract to furnish the heart ing plant for the new South Baker school house, now In course of construction, to day, for $3045. The Blue Mountain Oil Company was organized here today and the lncorpora. tion articles will be filed with the Secre. tary of State next week. This company owns lands in Crook County, on which It is claimed oil has been discovered. Mayor Cartel, Dr. Moor, P. Crablll, L. Panttng, William Albright and a Mr. Cartwrlght, who is an old experienced oil well borer, ara the principal stockholders. The work of boring for oil will be commenced just as soon as thje necessary machinery can be got on the ground. Electric Lights for Newberg. NEWBERG. Aug. 9. Work is being pushed rapidly here toward putting in the electric lights so long desired. The dy namo and machinery have arrived, the poles for the line are up, and the town is now being wired. The dynamo will be lo cated down south of town at the pressed brick factory, where the necessary power is already on hand for running It. It is Mr. Edwards' Intention to have the system ready for service about Sep tember L As is always the case in a public utility enterprise of this kind, it is hard work to suit everybody, and the Council has experienced no little diffi culty in determining the location of the city lights. Two or three arrangements were decided upon, but strenuous objec tions being raised, rearrangements have been made until a plan has been adopted which seems to give quite general satis faction. Arc lights will be placed at the most prominent business places in town, while on some of the back streets the Incandescent lights will be used. Cooler in Josephine County. GRANT'S PASS. Aug. 9. Josephine County was visited by a bountiful rain Wednesday, and reports from tho districts of WildsvHle and Kerby show a heavier fall than at this point. The condition of tlie dusty roads is improved, as the heavy lumber teams had cut them up badly. Late potatoes and corn were greatly benefited. The rain also put out all the forest fires and cleared out the smoke, which had become so thick that the mountains could not be seen. The Jflt spell Is broken, the temperature being normal today. Fred T. Merrill Buys a Hotel. TERRY, Or., Aug. 9. Mr. Miller has sold his business, known as the Twelve Mile House, to Fred T. Merrill, of Port land, the property and good will netting Mr. Miller the sum of $5000. Mr. Merrill contemplates adding five acres east and south to the property, and will erect a $5000 two-story hotel, moving the present structure back to make room. This is considered a good location for tourists' and bicyclists, and will be operated on first class plans by Mr. Merrill. No New Trial for Yukon Murderer. VANCOUVER. B. C, Aug. 9.In the Yukon murder case the Dominion Govern ment has notified O'Brien's counsel that? they do not see merit In his contention that the judge admitted improper evi dence, and his application for a new trial will not be granted. The law will there fore take ite course, and O'Brien will be hanced on August 23. . TROUBLE WITH INDIANS ANNUAL DRUNKEN LAW-BREAKING RAIDS IN EASTERN OREGON. Offenders Are Citizens and Only Remedy Is for State to Enforce Laws 'More Strictly. SALEM, Aug. 9. Several months ago citizens of. Wallowa County complained to Governor Geer that Indians from the Nez Perces and Umatilla reservations persisted in giving trouble to settlers in that county. Governor Geer laid the mat ter before the Department of the Interior and the charges were submitted to the Department of Indian Affairs for expla nation and action. Indian Agent Charles Wllkins, of the Umatilla Reservation, replies that he has been unable to discover any oaees of offences committed by Indians under his charge. C. T. Stranahan, agent at the Nez Percea Reservation, admits that In dians living on( his reservation make trouble as charged, and recommends that M M M M t M I H M M H M M HHjisK &feaiaKSaBwBB5Jg Xxr etMttHHtMHMHHMMHMHHMtHMMHMHnMt the settlers protect themselves by vigor ously enforcing the state laws. The complaint against the Indians was signed by 417 citizens of Wallowa County. The charge was that the Indians make annual expeditions into Wallowa County, that they take with them diseased horses which spread contagion, that they violate the game laws, that they become drunk and while in that condition terrorize the settlers In the outlying districts. In dian Agent Wllkins has the following to say for the Indians on the Umatilla Res ervation: "In find that the Indians who mostly frequent Wallowa County are Snakes or Bannocks. State Game Warden Quimby, who has just returned from the scene of these complaints, made this fact known to me. "My Indians, as a rule, are very much afraid of the penalties, and are constantly seeking information concerning the game laws, and I am loth to believe them guilty of violating the same. I have not yet been able to find a case against them. However, in order to avoid a chance for complaint against them in the future, I have warned and advised them, not to go into Wallowa County, and am Im pressed that they will heed the advice." Indian Agent Stranahan, of the Nez Percea Agency, says: "I have been aware for several years that Indians living on this reservation have annually, between August 15 and November 1, caused consid erable annoyance to the people In what Is called the Grand Ronde, which is situated about 70 miles from this agency. These Indians go over to hunt, horse race, and 6oma to drink and gamble. The. county Is quite, high and elevated and is cool during the Summer months, and con siderable game is found in the mountains close by. I have annually warned the Indians against any violations of the state laws, and last year during these festivi ties there two Indians lest their lives through the use of liquor, and one Indian was arrested and fined $100 for violating the game laws. I have taken considerable precaution to restrain the Indians from holding their Fourth of July celebration here, knowing that If they were cut off short more of this disturbing element would go to this section of Oregon to con tinue their celebration, and by being com paratively lenient with, them here has pre vented many from going over there to continue these undesirable incursions. "Tho Indians on this reservation are citizens of the United States, and I know of no law that will prohibit them from making these annual visits. Assuming that all of the charges made by the set tlers of that section are true (and I very much doubt the charge of bringing dis eased horses in that section being true) the other charges, I believe, are sustained by the general reports and evidence, it seems that the only remedy is In the hands of the people of that section. If they would promptly arrest any boister ous and noisy or drunken Indians vio lating the peace and dignity of the com munity, or would arrest those parties selling spirituous liquor to the Indians, or would promptly arrest eyery Indian violating the game laws, this section then would cease to be a desirable place for the renegade Indians from the different tribes to meet and carry on this de bauchery." Mr. Stranahan expresses regret that he is unable to do more than use his influ ence with the Indians, and says that he hopes to see the settlers take active meas ures for their protection. The petitions, investigations and reports seem to leave the whole matter just where it was and the state authorities will be obliged to act nlpne so far as compelling obedience to the laws is concerned. POPULATION OF CANADA. Disappointing Increase Due to Pad ding: in Last Census. VANCOUVER, B. C, Aug. 9. Specials from Ottawa say: The census returns will show the popu lation of Canada to be, in round figures, 5,400,000. This will be an Increase of about 600,000 over the figures of 1S91, which were 50S.0C0 over those of 18SL The returns of 18S1 gave an Increase of 635,000 over the figures of 1871. The incre'aso is disappointing. Every one predicted a larger growth In population. There were evidences that the country was going ahead faster than the Increase In the population shows. It is hinted in official circles that the explanation of this Is that the returns for 1891, especially for the Province of Ontario, were stuffed. Considerable Information has been ob tained to establish this. For Instance, it is said that In tfne province 54 of the con stituencies, which Include part of the city of Toronto, showa decrease of about 18,000 in population, yet the families are in creased by about 13,000. This, it lg said, is proof fhat the figures of 1891 were pad ded. In one district there Is a decrease in the population, while the families and the dwellings show a considerable Increase. ROSEBURG HARVEST FESTIVAL. Preparations Being: Made for Street Fair and Carnival. ROSEBURG, Aug. 3. The details con nected with the Roseburg free street fair and second annual carnival are being rapidly arranged, and the attractions se- cured. It, will be on a much larger scale than last year's carnival. A special fea ture will be the agricultural and horticul tural display, which Is being very care, fully planned, and in which the ranchers are taking a deep Interest. Among the attractions already secured are the Fourth Regiment band, of Eu gene, the Boseburg band, Harry D Armo, with two new specialties, and Aeronaut kelson, who will give four balloon ascen sions and parachute jumps. Other fea. tures are now being negotiated for. The committee on transportation has secured, rates from, the Southern Pacific which mako It altogether probable that excur sions will bo run from Portland, Ashland and Intermediate points. IDAHO TIMBER LAND ORDER. Hermann Excludes State Until List el Land Taken Is Given. BOISE, Aug. 9. Commissioner Her mann, of the General Land Office, has Issued an order excluding the state from making further filings on Government land till a complete statement shall have been made of the acreago already ac quired under the Government grant for educational purposes. The result of this decision will be to debar the state froms taking lands in the timber belt of North Idaho, where Government surveryors are M H t t H H M M H MENTIONED FOR NEXT GOVERNOR. Hob. A. C. Marst'ers, of Douglas - County. ROSBBURO, Any. 0. Hon. A. C. Marsters, who Is frequently mentlonec for the next Governorship, has been for 20 years a resident of Douglas County, and for at least half that period, a recognized leader In the Re tt publican ranks of Southwestern Oregon. He has never aspired to or accepted office until the State Senatorial con test In 1000. In the last Legislature he made an enviable record, and dtu much good work ia behalf of the plain people. His candidacy for the Guber natorial chair would be almost certain ' to meet with the hearty approval of the southern sections of Oregon. now engaged In opening new townships. This land is especially valuable because of the great amount of timber, and un less -the order is speedily rescinded the institutions of the stato will greatly suf fer. A vigorous effort Is being made to have the order set aside within the next few weeks, and It looks now as though this will be eucessful. The Weyerhauser syndicate and the Northern Pacific Railway Company have been making extensive filings on these lands of late. They take it by scrlpplng, Which gives absolute title at once. The state has had selectors in the section for some time, viewing and selecting lands. It Is stated here that the action of the department is caused by representations made by the two companies, which were inimical to the state. Under the law the state Is entitled to over 100,000 acres more land than it has acquired. Hops at Harrlsbargr, TTAT'OTQ'C.TTO. Ai.r b rro,.l age In this district has been reduced this season irom. six) to 190 acres. As a rule, the growth here gives promise -of an average yield. There are some complaints of In jury from the late scorcnlng' weather, es pecially to vines grown on light soil. The foliage in some cases is turning yellow. Expert growers express tho opinion that these vines will mature a crop of excel lent hops, but the yield will be material ly shortened. The harvesting of "Fug gles" will commence between the 20th and 25th of this month, and "English cluster" and other late varieties from the 1st to the 10th of September. Crops at Forest Grove. FOREST GROVE, Aug. ' 9. Threshers are commencing operations in this sec tion. The grain is ripening fast and the quality and yield are good. Hopgrowers in this locality are engaging their pick, ers. Oregron Notes. Sumpter Is also having a water famine, and will take steps to insure better sup ply. The desks used by the first legislative body of Oregon were made by J. B. Riley, present proprietor of the Dayton hotel. The desks were made by Mr. Riley in 1851, at Oregon City1. River bathing Is all the rage at Inde pendence. The town is almost depopu lated every evening. Bathhouses have been constructed, and the place is not ex celled by many of the popular seacoast resorts. Attorney G. o. Nolan, of Tillamook, has been trying to get a 53-year lease for six miles of the Tillamook toll road, on the Washington side of the county line. The Inhabitants are apparently un able to keep it In repair. Winans Brothers are operating their splash dams on the west fork and are driving posts and logs in Hood" River. They have 55,000 posts in tho river be sides C00.00O feet of logs. The posts and logs are arriving in the flume at the mouth of tho river. Lee Moorehouse, The Dalles Indian photographer, has among his studies pictures of A-lom-ml, who was a con vert to the faith of Marcus Whitman, and Pe-tow-ya, who claims to have been 15 years old when Lewis and Clark passed through these regions in 1805. The Lost Lake Lumber Company ha3 about completed a splash dam on the east branch of Hood River, three and a half miles abovethe forks. The dam will hold 16 feet of water, and extends 280 feet up the canyon. It Is expected that this will furnish sufficient force to drive logs beyond the forks. A-. B. Kurtz has leased water power in Aurora for 20 years, and the city council next week proposes to grant him an electric light and water franchise and have him put up six fire hydrants and five arc lights. He is thinking fc-f using, the water power to furnish light to Hub bard, Woodburn, Gervals, Barlow, Can by, and other nearby places. Three covered "prairie schooners" at tracted attention In the Albany streets the other day. Their owners were going to Eastern Oregon from the Coos Bay country. They had traveled with the same outfits from Nebraska about four years ago, stopping awhile in Montana, then in Washington, residing a year up in bunchgrass, and making a brief resi dence In Coos county. Mrs. Isaac Cram, of beyond Glencoe, Is after damages from Washington Coun ty. Tho complainant, while riding horesback across a bridge between Pumpkin Rldgo and Shady Brook, sus tained a fall by reason of the puncheon .Slipping on the stringers. Her wrist was broken and the arm will be disabled, so it is said, for a long time. She has not yet fixed the amount of her demand. Chief Johnson, the most promlnet In dian in Alaska, and a ruler over 7000' of his tribesmen, made his annual visit to Salem recently, to buy his winter stock of blankets. Chief Johnson is a merchant, and operates large stores at Juneau and Dyea, and supplies the smaller Indian chiefs with the goods they require He is an Interesting figure, and wields great Influence among the Southeastern Alaska Indians, where he Is looked up to as a leading judge. DENIES EVERY CHARGE NOYES' REPLY TO ALLEGATIONS AGAINST HIM MADE PUBLIC. A Detniled Defense of His Adrainis. tration as United States Dis trict Judge at Nome, WASHINGTON, Aug. 9. The Depart ment of Justice today made public the answer of Judge Arthur H. Noyes to the charges preferred against him in the ad ministration of his office as United States District Judge at' Nome. Alaska. Judgo Noyes details the story of his trip to Alaska, giving an account of the ac quaintances made upon the journey, morb particularly the acquaintance of Messrs. McKenzIe and Chlpps, who have figured In connection with the charges against the Judge. He denies fhat he had communi cation with either of these gentlemen with respect to tho business of his court on his journey or at any other time. He takes up in detail the various charges against him and specifically denies each and every allegation thereof. He describes the chaotic conditions ex isting at Nome at the time of his arrival and says that every lot of the ground In the whole town had two or more claim ants, that' possession was held in a great many Instances by armed force. He was besieged upon every hand, immediately upon his arrival, by parties seeking relief against these whom they claimed to be wrongfully and unlawfully In possession of their property, divesting it of value and shipping the proceeds out of the country and Che jurisdiction of the court. He then details his efforts to organize his court and the Importunities to which he was subjected by litigants and counsel, and describes favors that wero attempted to be fhrust upon him by solicitous indi viduals. He recounts tho circumstances under which he appointed Alexander McKenzIe receiver of certain mining claims, alleging that it had not been prearranged that Mc KenzIe should act as receiver, but that McKenzio's name was suggested along with others, to one of whom the place had been tendered before It was given to McKenzIe. The Judge reaffirms the wis. dom of that choice and compliments Mc kenzie's administration of the property. Defending his appointment of a receiver for tho placer mining claims, he denies that ho first! suggested that remedy, and juauues nis action upon the ground that there were scattered along the beach thousands of men. who had been allured to Nome bv tho fabulous tales of wealth which had been given out; t'hat these men were unemployed, without food or money, and desperate, and that to have closed down by injunction the operation of the placer claims would have been to have added largely to the number of unem. ployed In the camp. He says that he fol lowed in t'his respect the precedents estab lished by former judges of tho district of Alaska and adds copies of a decree in a similar case. He admits that In most cases where he appointed receivers the representations made to the court were, largely untrue as to tho capabilities of the mines. Thl3, however, was not determined until later, and his action was predicated upon the fairness of the presentation of th'e case. He also claims that as an additional pre. caution for fhe protection of .the parties in Interest he required, in all cases when either of the parties requested It, that the gold dust realized by tho receiver should be deposited at the safe deposit vault', not subject to withdrawal except by order of the court, with notice to the parties in terested. Also, t?hat he further ordered, in each case, when requested, that all par ties having any Interest or claiming in terest in tho property might at any time go upon the property worked by the re ceiver for the. purpose of observing the. work, and might bo present at each and eyery cleaning up made by the receiver. He, in every way pqssiblc, tried to throw every safeguard about the property in the hands of the receiver, tha it might bo conserved for the benefit of the party who might finally be adjudged its owner. TAKEN UNDER ADVISEMENT. Petition to Lease Nchalem Rivers and Creeks for Logging. ASTORIA, Aug. 9.- The petition of the T heeler Lumber Company to lease tho Nehalem River, Rock Creek, Buster Creek, Humbug Creek,' Fishhawk Creek and the north fork of the Nehalem River for floating logs was formally presented to the County Court thls-afternoon. After hearing the arguments, the court took the matter under advisement and will not render Its decision for several days. Some of the owners of property along these streams have remonstrated against the granting of the petition, and a meet ing of the property owners with repre sentatives of the Wheeler Lumber Com pany has been called for August 19. In its petition the company agrees, If given the lease, to remove all obstruc tions from the streams, secure rights of way from the settlers and to allow the general public to use the streams for floating logs upon the payment of tolls, thet rates of which shall be fixed by the County Court. , Breach of Contract Alleged. A suit has "been filed in the Circuit Court by Reid, Murdock & Co., of Chi cago, against vthe Alaska Fishermen's Packing Company, to recover $2000 dam ages for alleged breach of contract. The complaint alleges that on April 3, 1S99, the defendant entered into a contract to sell to the plaintiffs 2500 cases of sockeye salmon for $10,000, or at the rate of $1 per dozen. The salmon was to have been delivered at Astoria on September 14, 1899, but the defendant refused to fulfill the contract and, as at that time tho price of salmon had advanced to $1 20 per dozen, the plaintiffs were damaged to the extent of $20C0. An official of the Alaska Fishermen's Packing Company stated today that the difficulty was occasioned by the com pany's broker In Chicago contracting to sell Reid, Murdock & Co. January sock eye salmon, while the company packs only Alaska red sdimon. The Alaska Fishermen's Packing Company never ap proved the contract, though later It offered to fill the order from its pack, but the offer was rejected. Last season Reid, Murdock & Co. attached a carload of the company's salmon tprecover the damages asked, but were obliged to release it under tho decision of the courts. Salmon Rnn Is Still Good. The catch of fish last night by gill netters was about equal to the even ing previous and enough were taken to keep the canneries and cold-storage plants busy today. The Baker's Bay traps report another falling off and the lifts showed but few fish to what they have been getting. Reports from the up river seiners show that their hauls are gradually increasing, although the largo body of the fish have not yet reached them. The salmon still retain a remark able fine quality for thl3 time of year and are a much better fish than were caught a month earlier last year. New Canneries Next Season. Tho Indications are that before next fishing season there will be several new canneries and cold-storage plants ready for operation on the Columbia. Reports say that Sanborn and the Vandsyssle Company will -each put up canneries and that the Columbia River Packers .Associ ation and the Co-Operatlve Company will erect sold-storage plants. Jr Linden berger will also enlarge his plant. Other Notes. Field Superintendent F. C. Brown was In this city today In consultation with the Fish Warden. He left this evening to examine the fish racks in the Umatilla River, and will go from there to the Grand Ronde River to Install some racks. He will be accompanied by A. D. Allen, who has been appointed deputy and will be- glyen charge of the operations on the Grand Ronde River. The preliminary hearing of William Koch, charged on an information with having assaulted Ed Geddes with a dan gerous weapon, was concluded this after noon with the discharge of the prisoner. The evidence showed plainly that the old man fired at Geddes when he believed that his life was in danger. Assistant Engineer G. B. Hegardt. of Fort Stevens, and committees from the Chamber of Commerce and Push Club ard making examinations of the rock at Coxcomb Hill to ascertain If it is suit able for use 6n the extension of the jetty. It is the intention to sink a shaft to de termine the extent of the ledge. The Columbia mill, at Knappton, closed down tonight for an Indefinite period. This action was necessitated by the San Francisco strike and the mill will not be started again until after it is settled. The search for Frank Hoffman has been practically given up around Cath lamet and the lower river, as he is re- ported tahave been seen on Puget Sound, and the authorities there have been noti fied to look out for him. On a petition from Assessor Carnahan, the County Court has extended the time for completing the assessment roll until September 20. WEALTH AT THUNDER MOUNTAIN. New Discovery Said to Be Greatest Bonanza in Northwest. BOISE, Idaho, Aug. 9. The greatest excitement prevails over the reports from Thunder Mountain, some 170 miles from this city. Mining claims were first lo cated there by the Caswell Bros, two years ago, but nothing has been known of the section until this season. It is apparently one of the wonders of tKe West. The best information obtainable from competent mining men who have pbeen over the ground, is that there Is a mineralized area over 1000 feet wide by three miles long, and carrying values averaging above $6 per ton in free gold. Last season the Caswells took out In placer gold over $10,000, and they were able to operate only 96 hours. This year the output is more than doubled, the long Spring giving them more time at the work. They placer mine the surface ground only. Colonel W. H. Dewey, of Nampa, last Fall took a bond on the property, the sum being $100,000. payable in two years. An item of the bond was that work must be regularly prosecuted, and, before one year had passed, a stamp mill must be erected and In operation. The term3 have been complied with. F. J. Conroy, well known In Eastern Oregon as a competent mining man, re cently mado a thorough Investigation of this property, and brought out 56 sam ples for assay. None ra.n less than $3 per ton, and much went as high as $50, while half a dozen gave $90. H char acterizes "It as the greatest property of the Northwest, not excepting the Tread well or the Homestake. He represents Pittsburg capitalists, and his recommen dations have caused them to tako a half Interest with Colonel Dewey. Tho formation of the mountain Is con glomerate, with rhyollte, seyenlte, and other forms of porphyry in abundance. All these materials carry gold In paying quantity. The mountain was formed by a gradual uplifting caused by volcanic action. The character of the surround ing country shows that the movement still continues. The people of Boise are subscribing funds to build a wagon road from this city to the new camp. This will cost at least $20,000. Colonel Dewey has agreed to pay half of this, and the city Is to raise the balance. There Is even now a "rush" to the new camp, though it is considered quite late In the season. From Indications there will be a regular "stampede" next Spring. The most con servative mining men of the state have given attention to thi3 enormous deposit, and many of them are going In. Others have sent trusted prospectors. Ore Chnte- in the DeLamar. A new ore chute has been discovered in the famous DeLamar mine at De Lamar, Owyhee County. This property has paid more than $5,000,000, but it was considered worked out, and the manage ment was preparing for a final shut-down at the end of this month. Yesterday, in cleaning out the fourth level, preparing to fill It with waste, the miners opened a new ledge, which the management reports to be very good In every respect. It Is believed that the old mine will again become a great producer.- Quotations of Mining Stocks. SPOKANE, Aug. 0. The closing quotations of mining stocks today were: Bid. Ask. I Bid. Ailc. Amer. Boy .. 6 Blacktail .... 0 Butte & Bos.. Crystal 4 Conjecture .. 3 Deer Trail .. 2 7 Morn. Glory.. 2Tt 3H 3Vs lVi 9 Morrteon 2 lttlPrln. Maud ... 1& B'A.Qullp 15 4 IKamb. Car ...42 2ftRcpubllc S 3iIReservaitlon .. 3yt 1 iHoss. Giant 24 43 5 12$ NEl Caliph ... 2 uoia xeage .. 'A L. P. Surp.. BV4 Sullivan 7& Mtn. Llort ...27Vi 20 Tom Thumb ..12 SAN FRANCISCO. Aug. 0. Official closing quotations of mining stocks: Alta $0 03Justlc $0 05 Andes SIMexlcan Belcher 7 Occidental Con Best & Belcher... 14 Bullion 1 Caledonia 30 Challenge Con ... 32 Ophlr , Overman Potosl Savage 7 Sierra Nevada ... 13 Silver Hill 35 'Chollar 4 Confidence 1 25 Con. Cal. & Va... 1 00 Standard 3 25 Crown Point ... 01 Union Con 13 Gould & Curry lSlUtah Con i Hale & Norcross. 25Yellow Jacket 27 NEW YORK. Augf. 0. Mining stocks today closed as follows: Adams Con $0 27L!ttle Chief $0 12 Alice 45iOntarlo S 00 Brcece 1 40 Ophlr 60 Brunswick Con .. I0i Comstock Tunnel. 6 Con. Cal. & Va... 1 0, Phoenix a Potosl 3 Savage 5 Sierra Nevada ... 10 Small Hopes 50 Standard 3 35 Deadwood Terra.. 55 Horn Silver 1 73 Iron Silver 55 Leadvillc Con ... 6 BOSTON, Aug. 0. Closing quotations: Adventure ....$ 24 OOlParrott $50 12 Amal. Copper .. Ill 75Qulncy 170 00 Atlantic 35 OOlSanta Fe Cop... . 0 00 Cal. & Hecla.. 722 00Tamarack 340 00 Centennial .... 27 501Utah Mining ... 28 50 Humboldt 25 001 Winona 2 50 Franklin 17 00 Wolverines 63 00 Osceola 90 00 1 Asked. Big Copper Mine Sold. VANCOUVER, B. C, Aug. 9. The Brit annia copper mine, located on How6 Sound, 30 miles from Vancouver, has changed hands. A majority of the stock has been purchased by Montana people, through George H. Robinson, mining en gineer, of Butte. The price paid was $1500 p. share, at which rate the local valua tion of the mine would be $600,000. It is stated ttoat F. August Heinze, of Butte, will ultimately become connected with the syndicate, which will proceed at once to develop the mine. Frnlt xnd Grain at Medford. MEDFORD, Aug. 9. The extreme heat and smoke of the past few weeks was broken Wednesday by a heavy thunder storm, which lasted the greater part of the day. This rain was of great value to the fruit orchards, as it will add to the slzo and flavor of the apples, pears and svSMfil UIZ Peacrline is rigkt To Mothers of Large Families In this workaday world few women are so placed that physical exertion is not constantly demanded of them in their daily life. We make a special appeal to mothers of large families whose work is never done, and many of whom suffer, and suffer for lack of intelligent aid. To women, young or old, rich or poor, we extend an invitation to accept Ix6 advice. Oh, women ! do not let Mas. CjjjarE Bkixsvuxe. yonr lives be sacrificed when a word of advice at the first approach of weak ness, may fill your future years with healthy joy. Address a letter to Mrs. Pinkham's Laboratory, Lynn Mass., and you will not be disappointed. "When 1 began to take Lydia E. Pinkham's Vegetable Compound I was not able to do my housework. I suf fered terribly at time of menstruation. Several doctors told mo they could do .nothing forme. Thanks to the Pink ham advice and medicine I am now well, and can do the work for eight in the family. "I would recommend Lydia E. Pink ham's Vegetable Compound to all mothers with largo families." Mrs. Cariue BELLEYitLE, Ludington, Mich. prunes, which have yet to be picked. It will also Improve the coloi of the apples. Apples will average 90 per cent of a crop, and will be of good size. Several carloads of Gravenstelns and red Astracans are be ing picked and packed this week for ship ment to various Montana points. Pears will not quite furnish an average crop, but are of good quality and size, and approximately 30 carloads have al ready been sold, tb be delivered the latter part of this month. Prunes will yield an exceptionally large crop and will be of good size and quality. The local driers aro being put in order for a big business. Roguo River Valley fanners have just begun harvesting their wheat, and ap proximately 400 or 500 bushels have been brought to the local flouring mill within the last two or three days. On account of the lack of rain the crop turns out to bo considerably below the normal, but will averago about 20 bushels to the acre. Grain and Hops at Rlckreall. RICKREALL, Aug. 8. Crop prospects in this vicinity are the best In years, ce reals, fruits and hops giving promise of exceptional yields. The hay harvest Is all over, and tho crop, both in quantity and quality, was above the average. The. regular selling price was $3 50 per ton in the field. X good part of the Fall grain is In the shock and threshing will begin generally next week, although some machines are already at work. Reports indicate a most satisfactory yield. Spring grain and oats are now undergoing the binding process, the recent excessive heat having has tened the ripening. There Is little or no wheat that will average less than 20 bush els, while some farmers have fields that will yield from 35 to 40 bushels. Both of the local warehouses are being put in shape for the season and there will doubt less be a large storage In each one. Hops are looking well, the hot weather having dispelled all danger of lice. Pick ing will not begin for some weeks, al though growers are already making ar rangements for the harvest. The yard of S. T. Burch, Just west of this place, Is one of the best In the state. Big- Hay Shipment. HILLSBORO, Or., Aug. 9. Nearly every available foot of switch on the line of the Southern Pacific In Washington County is being occupied by cars In which Is being loaded baled hay purchased by the Albers & Schneider Company, of Portland, for Government use. This firm has purchased 5000 tons of timothy In this county alone, for which it has paid In the aggregate $50,000. It will take 600 cars to carry away the product. Mr. Frank Albers, who was In this city this morning, states that this is one of the best hay counties In tho state, made so, from a business stand point, by its proximity to the Portland market. Threshin- of wheat and oats has already commenced, and while there is here and there a field Injured by the Hessian fly, the yieid Is fuming out the best for four years. The wheat Is generally plump, and none- appears to have been hurt by the heat. Tlireshinpr nt Independence. INDEPENDENCE, Aug. 9. Cutting grain was concluded last week and threshing commenced Monday. At this time threshing machines can be heard In 'every direction. Grain is commencing to pour Into the various warehouses. Tho best crop for 10 "years will be harvested this season. Fisherman Died in Hid Bont. ASTORIA, Aug. 9. Andrew Radetlch, a boat puller for the combine, died in his boat last evening from hemorrhage of the lungs, while drifting in the north channel. He was a native of Austria and for the past 20 years had fished In the Columbia River during the season. He was a single man and a member of the Austrian Benev olent Society of California. Mines on Upper Sandy. OREGON CITY, Aug. 9. Favorable re ports continue to arrive from the Shena Creek mining district, on the Upper Sandy Rlver. Two new quartz claims were filed today by Francis M. Gill and James C. Gill. Reserve Ajrent for Snohomish Bnnlc. WASHINGTON, Aug. 9. The Con troller of the Currency today designated the First National bank, of New York, as reserve agent for the First National bank, of Snohomish. Wash. Q UPW 75 WtiSBMm StraJghterv xjp. Why do you wash in the hardest pos sible way? Use PEAR.LINE, there's no bending over the tub, no beck kinks, no work to speak of, no wear and teeo from rubbing Millions use PEAR.LINE. No matter how or when you use PEAR.LINE, or. however delicate youT hands or the fabric, it is absolutely harmless. 636