THE MOBNING OEEGONIAN, TUESDAY, AUGUST 13, 1901.
THE LAW MUST BE UPHELD
.ROGERS WILL NOT IXTERFERE
FOR MURDERER NORDSTR03I.
Governor VIctts the Case as a Crisis
in Sate Aflalra Judgment of
Court Will Stand.
SEATTLE, Aug. 12, A signed statement
from. Governor Rogers appears In the
Times today as follows:
"Olympla, Wash., Aug. 12, 1301. Editor
The Times: A recent editorial Item In
your paper regarding the Nordstrom ease
causes me to say that under no circum
stances will I Interfere with the judg
ment of the courts In this case. As I
view It, a crisis has arisen In state af
fairs in which the question Is raised
whether murder is to be punished in
Washington, or whether the law is to be
mode an instrument of jugglery for com to
and lawyers.
"In England or Canada, whatever we
may think of their forms of government,
criminal law is enforced and lynching is
practically unknown.
"In Whitman County, of this state, ac
cording to Judge McDonald, of that coun
ty, some SO murders and lynchings, alto
tether, have taken place with only one
legal hangingr this latter within the last
three years. Other counties have records
not particularly flattering to our Ideas of
justice.
"Only recently the Legislature was
called in extra- session for the solo pur
pose of removing obstacles which I was
advised might allow certain murderers
to escape, and thus bring our adminis
tration of law into renewed contempt.
This purpose having been effected I shall
certainly add no new complications.
"The judgment of the court -will stand.
"JOHN R. ROGERS."
CHARGED WITH HIRING MURDER.
Chinese Said to Have Bought the
Death of Four Countrymen.
VANCOUVER, B. C, Aug. 12. A Chi
nese gambler named Ah Wooey was last
night committed for trial for the murder
of four countrymen. It is charged that
he paid for the commission of the crime.
These four Chinamen were killed last
month in a boarding-house at Ladner's
Landing, near Vancouver, by being hacked
to death wit han ax by Quong, another
Chinese. A third Chinaman came to the
police yesterday, saying that he had heard
Wooey and Quong discussing the plan of
the murder. Wooey offered Quong $100
for killing the men, and finally they
agreed that Quong should get $200 if he
would dispatch two or more 'of them.
Quong has confessed to committing the
crime.
Escaped Convict Seen.
VANCOUVER, Wash. Aug. 12. Sheriff
Marsh received word last Saturday of
the probable whereabouts of C. N. Gor
don, who escaped from the Vancouver
jail July 8. J. IC. "Manning, of Portland,
who owns a mining claim in the Copper
Creek District, 35 miles northeast of this
city, informed the Sheriff that a man
come to his cabin July 12. He was in a
famished condition and said Manning was
the first man he had seen for four days,
and that he had eaten nothing for . 48
hours. He at first represented himself
to be a prospector, but later Informed
Manning that his name was C. N. Gor
don, and that he had escaped from the
Vancouver jail July 8, giving a minute
description of how the escape was made.
In this he strangely Implicated James
Green, the convicted murderer, who
claimed at the time to have known noth
ing of Gordon's escape until after he
had gone. Manning says Gordon told
him Green helped plan and execute the
escape from the start, but that he was
afraid of Green and persuaded him to
allow him, Gordon, to get out first. Once
outside he threw away the wooden table
leg by means of which he had pried open
the bars In the windows and this pre
vented Green from following.
Manning says Gordon stayed in the
neighborhood of his cabin for several
days and then struck out through the
woods to the northeast.
PILOT SERVICE EFFICIENT.
Annual Report of the Board of Pilot
Commissioners.
SALEM. Or., Aug. 12. The annual re-
porrof the State Board of Pilot Commls- 1
sloners was filed In the executive office to
day. The report' covers the year ending
June SO, 190L The report states, among
other things, that the pilot service Is so
efficient that not a single complaint has
been received during the year. The re
ceipts for pilotage for tho years 1900 and
1301 are as follows:
1900. 1901
Inward bar pilotage... $10,895 -43 $15,447,37
Outtaard bar pilotage . 13,793 70 14,332 61
Total bar pilotage.. .,$24,6S9 13
TJp river pilotage $ 4,218 41
Down river pilotage... 3,800 92
$29,779 98
$ 3,341 40
4,192 55
Total river pilotage.. $ 3,800 92 $ 7,533 95
The following shows the tonnage en
gaged in domestic and foreign trade in the
port for the past two years:
1900.
Entered, domestic 202,357
Entered, foreign 202,325
Ceared, domestic 170.462
Cleared, foreign 242,169
1901.
250,580
256,530
159,595
319,305
Received at the Asylum.
Andrew Anderson, of New Whatcom,
"Wash., was brought to the asylum today
on a commitment from Umatilla County.
He is 29 years old.
Other Notes.
Sheriff Durbln undertook to conduct a
sale of lands heretofore bid in by the
county for taxes, but there were no bid
ders. The taxes represented by such lands
amount to about $10,000. The sale will
be postponed from day to day.
Residents of South Salem were today
complaining thatTa child in that part of
the city has smallpox, and that other
members of the family are permitted to
go into public places. As the family re
sides outside the dry limits, the city au
thorities are powerless to intervene. And
the County Judge is at the coast.
The State Fair Board held a brief busi
ness meeting today to pay the wages ol
laborers on the Improvements at the fair
grounds. The Improvements will be com
pleted long before fair time. Should there
be no extremely bad weather to prevent
It, the exhibits in the pavilion this year
will be twice as large as they ever have
been heretofore.
FISHERMEN WANT LAW CHANGED.
Would Prevent Traps Being Driven
, Ontside Harbor Lines.
ASTORIA, Aug. 12. Senator Joseph Si
mon arrived from Portland at noon and
was taken down Jo the lower harbor as
the guest of the Columbia River Fisher
men's Protective "Union to make an ex
amination of the location of the fishtraps
and their interference with gillnet fishing.
The desire of the fishermen is to have
a Federal law passed that will prevent
traps being driven outside the harbor lines
of the river. There is at present such a
law on the statutes, but it contains a pro.
vision that traps may be driven outside
the harbor line If the Secretary of War
gives his permission. Permission is fre
quently secured from the Secretary by
Influence being brought to bear on him
or through ignorance of the situation,
and it Is to take this authority fro - the
Secretary that a law is desired.
The fishermen believe that by giving
Senator Simon an opportunity" personally
to Inspect the Craps he may become Inter
ested and work for tho passage of the
desired measure. v
End of a Good Fishing; Season.
The run of fish has fallen off consid
erably In tne lower river. The presence
of silversides and "tullles" coming In at
the fame time Is recognized as a sign that
the fishing season Is about over. Every
Interest appears satisfied that it is so,
and there will be no general attempt or
effort to fish after the closed season be
gins. Already a number of gillnettera
have stopped fishing for the season, and
several seiners have stored their web un
til next year.
Will Enforce Close Season.
Fish Commissioner A. C. Little, of
Washington, and his deputy, E. C. Mc
Reavey, were in this city today in con
sultation with Master Fish Warden Van
Dusen, with reference to the hatcheries ott
the streams tributary to the Columbia
River, and they also made some recom
mendations as t'o competent men to as
sist in the hatcheries to be built in this
state.
This afternoon Mr. Little made a trip
of inspection to the state hatchery a
Chinook. While here arrangement was
made in connection with the officials of
this state to have the coming closed sea
son enforced. Mr. McReavey will bo in
charge of the patrol of the lower river,
and Deputy Charles Boardman of the up
per river. The patrol will be commenced
at 6 o'clock on Thursday morning, Aug
ust 15: Every violator of the law who is
caught will be prosecuted to its full ex
tent. VnrlouK Paragraphs.
The steam schooner Fulton left down
the river from Portland on Friday night,
and nothing moro was heard of her unttl
last evening, when word was received that
she was at Tillamook talcing on a cargo
of lumber. The Fulton arrived down be
foro daylight on Saturday and went out--side
without stopping. Captain John Pet
erson, the river pilot, went along to pilot
the steamer into Tillamook. He returned
overland yesterday.
The Columbia River lightship was
brought down from, the Tongue Point buoy
station todav .and took on a supply of
coal, preparatory to going out tt her sta
tion off the mouth of the river.
The lighthouse tender Columbine crossed
out yesterday, to visit! the aids to navi
gation on the Oregon" coast, and will be
ahsent about? 10 days.
The residence of J. W. McMullen, on
the top of uio hill west d Eighth street,
was totally destroyed by fire this after
noon, but most of the contents were saved.
The fire originated from a defective flue
in tho kitchen. The loss was less than
$1000, with no Insurance.
Waterworks for Dallas.
DALLAS, Aug. 12. Waterworks are now
being discussed in Dallas. All admit tho
necessity, but the point of contention is
the ownership. All agree that a thriving
town, with large trade and increasing
population, should be up to date, and
have Its waterworks, and that this ap
plies to Dallas, for "she Is today the
most prosperous town on the west side,"
as is evidenced by her volume of busi
ness. A petition will probably soon be
circulated asking the Council to submit
the proposition of water bonds to the
people.
There is also a plan on foot to estab
lish a wholesale manufactory of sash and
doors on the site of the Pioneer Woolen
Mills, utilizing the old buildings, which
are splendidly adapted to ttiis purpose.
The present sash and door factory will, it
Is supposed, be merged into this enter
prise. Water power is available at the
site of the new mill. This enterprise will
give a market for the fine cedar west of
here.
Will Bond the Town.
COTTAGE GROVE, Aug. 12.-A special
city election was held here today for the
purpose of bonding the town for $15,000
to liquidate ,the present bonded Indebted
ness and enlarge the water system. This
was carriea by a large majority. This
amount was voted some time ago, but
the proceedings were found to be illegal.
Forent Grove Items.
FOREST GROVE, Aug. 12.-There vere
29 tons, of cherries shipped from here
this season. Of this shipment Adolph
Anderson, a large grape grower here,
furnished 10 tons.
The Christian Adventists commenced
tonight a series of revival meetings on
the Congregational Square at this place.
To Repair Astoria Custom-Honse.
WASHINGTON, Aug. 12.-The Secretary
of the Treasury today awarded to Fer
guson & Houston, of Portland, a con
tract for repairing the storm vestibule
and approaches of the Astoria Custom
House, at $5000.
Admitted to Practice.
WASHINGTON. Aug. 12. The following
attorneys have been admitted to practice
before the Interior Department: Jesse W.
Allen, Moro, Or.; Henry A. Porter, Ever
ett, Wash.; and Mark P. Mendenhall, Spo
kane, Wash.
Oregon Notes.
Eugene also wants and needs a bath
house. A case of smallpox has been reported
at Howell, in Marion County.
A good-sized porcupine, which has been
killing numerous chickens, was slain with
a pitchfork and stick In Moro, Sherman
County.
Crude oil, in small quantity. Is now
coming up with the water from the spout
ing well of W. J. Tournley, four miles
from Union.
The Baker City Republican, whoso ed
itor was recently married, is said to De
advocating a gentlemen's private lunch
club for Baker.
It 13 said that "the Evangelical Church
of Florence is to furnish a gasoline launch
for theuse of their minister there In mak
ing his journeys up and down the river.
As an example of how the old dona
tion land claims in Polk County are being
divided Into smafl farms, the Grant 640
acre claim, which for many years yielded
a living for a family of only five,, now
attorns homes for over 60 people, and
there Is yet much waste land In the
tract. ,
Owing to the great number of buildings
being constructed in Pendleton, contract
ors there are having trouble in securing
enough carpenters to do the work. Ten
or a dozen could secure permanent em
ployment at once, it is said. The wages
paid are $3 to $3 50 per day, according to
proficiency.
The Grand Ronde River Is lower at
present than It has been for many years.
Fishermen declare that there Is not
enough water above Hilgard for a fish to
swim in. At Oro Dell the electric light
plant has been operated for several days
entirely by steam, In spite of the fact
that splash boards have been put in to
catch the overflow.
The United States Geological Survey
party Is at work In the Cascade Moun
tains In the vicinity of Odell and Cres
cent Lakes at the summit of the Cas
cades, In Lake County. The surveyors
have found Odell Lake to be 4960 feet
and Crescent Lake 5025 feet above the
level of the ocean. The summit of the
mountains where they crossed i9 6830 feet
above the level.
Some five years ago Mr. Osborne, who
lives near Dallas, killed a wild goose and
found two large grains of wheat in Jls
craw. He planted them and replanted
the product until now he has 2t. acres
of fine looking grain. The heads are
extra long and the grains large, the ylelfi
being perhaps one-third more tnan or
dinary wheat. He has no name for the
new variety, but believes it to be a pros
pective big thing.
The system of telephoning on a barbed
wire fence Is being tried near Athena,
and, to a certain extent, is successful, A
strand of ordinary wire Is employed and
Insulators and circuit are in operation
between that town and Hillsdale, on the
Washington & Columbia Railroad. The
Puget Sound Warehouse Company start
ed the project, and it Is said the line will
be completed as far as Helix. The
scheme Is still In the experimental stage.
FIRST FRUIT IN OREGON
H. 31. WILLIAMSON TELLS HOW THIS
INDUSTRY WAS BEGUN.
Professor Bailey, of Cornell, Makes
the Closing: Address at Nevrherg;
on "Nature Stndy."
NEWBERG. Aug. 12. The last and bestf
attended session of the mid-Summer meet
ing of the State Horticultural Society was
held here Saturday evening. The first ad
dress of the evening was given by H. M.
Williamson, of Portland, editor of the
Oregon Agriculturist, upon the very per
tinent subject, "The Status of Horticul
ture In Oregon." Dating the beginning of
horticultural endeavor in this state when
Henderson Lewelllng brought a small
nursery across the plains with him in
1847, ttie speaker very entertainingly traced
OREQDN PIONEER
1844.
OF
W. S. Gilliam.
.WALLA WALLA. Aug. 12. Wash
ington Smith Gilliam was born In Clay
County. Missouri, February 24, 1839.
He crossed the plains to Oregon, in
1844, and settled near Dallas, Polk
County. He was mada Sheriff of Polk
County In 1852. While Sheriff he car
ried out the sentence of the court by
hanging one R. W. Everman, who had
been tried and found guilty of th
murder of C. C. Hooker. He was a
member of the Oregon Legislature dur
ing the sessions of 1853-4. In 1850 he
moved to the Walla AValla country, and
settled on a farm on Dry Creek, nine
miles above the city, where he resided
until five years ago, when h moved to
Walla Walla. Mr. Gilliam was a mem
ber of the Washington Territory Legis
lature in 18Q1-2. He was Sheriff of
Walla Walla County In 1863-4.
IllUdlllttt1' --
conditions from this standpoint down to
tho present.
He told of the first Oregon-grown ap
ples selling for $1 a pound and bringing
15 to 20 cents as late as 1858; of the result
ing apple boom, when there were more
apple trees set out than there were people
to eat the apples; later, of the time when
our dried prunes sold for nearly 20 cents
a pound, and of the resulting boom In
prunes, when the business man, the law
yer, the teacher, the editor and the
preacher set! out a prune orchard with
the intention of clearing annually from
$150 to $1000 to the acre; when most any
man who could tell fruit trees apart set
up a nursery. The picture wag painted
very graphically and humorously by Mr.
Williamson, and was heartily appreciated
by the audience, to whoso experience he
spoke so closely. After referring tfo the
attending disappointment and discourage
ment, the speaker eulogized Dr. Card
well, who has so phllanthroplcally de
voted time and money to Investigation
and experiment which have been Invalua
ble to Oregon fruitgrowers In the solving
of difficult problems.
It Is I'he belief of Editor Williamson
that the status of horticultural conditions
Is better now than ever before. The
booms have given way to steady and
healthful development. The Oregon apple
again enjoys supremacy, and line prune
business is resolving itself upon a stronger
basis. Markets are expanding, and the
future is bright. The cherry Is being de
veloped to perfection; Southern Oregon
peaches bring the best prices everywhere,
and Oregon strawberries! are making a
well-earned reputation. The nursery has
become one of the greatest industries in
the slate, and the canning business, which
went out with the boom, Is returning
steadily. The greatest part of the agri
cultural Investments of the state is de
votted to fruitgrowing. Where tltere was
disappointment, there is now renewed
hope. In closing, Mr. Williamson paid
Nowberg, with her varied and rich agri
cultural resources, a glowing tribute, as
having developed from the "grubby end"
to the choice garden spot of old Yamhill.
Professor L. H. Bailey, of Cornell Uni
versity, the leading authority on horticul
ture In America, and whose books on
the Fubject are widely read, gave the last
address of the meeting. He expressed
surprise at the great state of development
attained in the West in so short a time,
a state to at'tain which it has taken the
East over a century. Ho finds the prob
lems here different from those in tha
East, and the difference itself makes an
interesting study. The difference in agri
cultural conditions is marked by the prac
tice here of Summer fallow, which is
Wie dividing line between pioneer and
modern methods of farming.
The real subject of Professor Bailey's
talk was "Nature Study," and the move
ment for Its furtherance, which has start
ed in New York under the .auspices of
Cornell University. He holds that the
movement Is new In North America, in
Wiat it aims to reach out to all people,
and Is not Intended primarily for teach
ers, as was tho Agasslz plan. Its purpose
Is to aid people to live better and to en
joy more: to help fix early In life a cor
rect point of view; to enable young peo
ple to have the power of happiness In
themselves; to teach that there is some
thing Interesting In everything that Is; to
develop the power of observation; to ar
rest among the young people the distaste
for the farm.
Professor Bailey tfraced the history of
this educational movement In his state,
told of the work of the Junior naturalist
clubs, In which 30,000 children of New
York are interested. The work has now
advanced and received such recognition
that it has Just been admitted tV the
public schools. For the older people,
reading clubs are formed, and much ac
complished In waking them up to their
surroundings. The tendency of all this
work In nature study is not to make
teachers or professional scientists, but? to
aid people to live nobler and happier lives.
At the call of E L. Smith, of Hood River,
the audience by rising thanked Professor
Bailey for his helpful address.
The meeting was declared adjourned by
Dr. Cardwell, who announced the time
and place for holding the next meeting as
the second Tuesday in January, at Cor
vallis. TELEPHONE WAR ENDED.
Salt Bctvrecn Spokane Companies
End in a Compromise.
SPOKANE, Aug. 12. Spokane's tele
phone war ended today by the dismissal
of the suit of the Spokane & British Co
lumbia Telephone Company against the
Inland Telephone Company, now the Paci
fic States. 8ho plaintiff has wires to British
Columbia and claims a contract giving di
rect connection with the Inland. Two
years ago the latter repudiated the con
tract and cut the wires. A suit for $205,
000 damages followed, which was settled
today for less than $15,000. W. H. Fer
nald, who holds a mortgage on the Brit
ish Columbia system, asked the courts to
enjoin the dismissal of the suit, but he
was five minutes too late.
SUNDAY-CLOSING TROUBLES.
Arrests in Walla WallaBrent's De
cision "Will Be Appealed.
WALLA WALLA Wash., Aug. 12. On
Sunday Davln & Mlchellod, saloon-keepers,
were raided by a Constable, who
found about a score of men, who had
entered the back door, drinking beer.
The proprietors, being arrested, were fined
$40 and costs today, and promised not to
do so arjain.
Adolph Schwarz closed his bar, discon
nected the beer pumps and went out of
town Sunday. A restaurant in tho rear
of his saloon, which supplies food to
many people during the week, was kept
open. Schwarz was arrested today on
complaint of Prosecuting Attorney Cain
and bound over to answer to the Superior
Court for violating the Sunday law.
Prosecutor Cain is preparing an appeal
to the "Supreme Court from the decision
of Judge Brents, which held Invalid the
section of the law prohibiting keeping
open on Sunday all business places ex
cept drug stores, livery stables, under
takers and hotels.
KLONDIKE GOLD ON HUMBOLDT.
Reports of Lott Water In Yukon
O'Brien Attempts Suicide.
SEATTLE, Aug. 12. The steamer Hum
boldt arrived tonight- from Lynn Canal
with 135 passengers, $400,000 consigned to
the Seattle assay office and local banks,
and over $100,000 owned by private parties
on board. The water In the Yukon is at
present high enough for navigation, but
some slight fall is noticed. Many predict
that? the light-draft boats will only be
able to make two round trips this year,
"
and that the larger ones will not be able
to get back this year. Sandbars are giv
ing much trouble, and boats are almost
Invariably hung up Qr shorter or longer
periods..
The construction of a road through the
Copper River Valley from Valdes is among
tha possibilities for next season.
George O'Brien, sentenced to be hanged,
made a futile attempt at suicide, but was
frustrated.
Vancouver Military Notes,
VANCOUVER BARRACKS, Aug, 12.,!
Captain, Frank B'. McKenna, of the
Twenty-eighth, will join his regiment at
the end' of his leave.
One Hundred and thirty recruits from
Columbus, Ohio, are to be sent by way
of Seattle' to Fort St. Michael, and as
signed to that part of the Seventh In
fantry stationed there,
Austin F. Prescott, late Captain in the
Thirty-fifth Volunteer Infantry, has been
made a First Lieutenant, dating from
February 1 of this year, and assigned to
the Twenty-eighth Infantry.
George E. Kumpe, formerly Lieuten
ant in tho Forty-fifth ValuntBeer In
fantry, has been assigned to the Twenty
eighth Infantry as a Second Lieutenant.
Major John Van R. Hoff has Invented
a first aid package which he thinks will
be more satisfactory than the one now
In Use, which Is constantly being lost or
mislaid. Several of the new pouches
ara to bo Issued to the men for practical
trial.
By the recommendation of the Chief
Engineer of the department tho follow
ing changes In the hospital corps are to
be made: Acting Hospital Steward Jesse
T. Scow, from Fort Canby to Fort Co
lumbia; Thomas Conley, from Vancouver
to Fort Stevens; Fred W. Bossier, from
Vancouver Barracks to Fort Lawton; Al
fred L. Lamb, from Vancouver Barracks
to Fort Walla Walla; John Frlerson,
Julius C, Hoffman, James B. Kllbourne,
Charles F. Menzles, Agullla Mitchell,
George A. McKnlght, William Palecek,
Frank Starber and Deane Stone are
awaiting assignment to Vancouver Bar
racks. Second Lieutenant Samuel H. Fisher, of
the Twenty-eighth Infantry, has been
granted a leave for one month.
Colonel Charles A. Coolldge, of the
Seventh Infantry, has been made Special
Inspector and will go to Boise Bar
racks to Inspect the Quartermaster
stores at the post, for which Captain
James M. Anasmlth Is responsible.
Railroad Gets Land.
WASHINGTON, July 12. The Secre
tary of the Interior has approved a
number of patents of Oregon lands to
the Oregon & California Railroad Com
pany, as follows:
One tract of 41,162 acres In the Oregon
City land district; one tract of 9146 acres
in the Roseburg and Oregon City land
districts; one tract of 5326 acres in the
Lakevlew, Oregon City and Roseburg
land districts, and a fourth tract of 4832
acres in the Oregon City land district.
Notes From Aberdeen.
ABERDEEN, Wash.. Aug. 12. M. H.
Williams, agent of the Northern Pacific
Railway Company at this place for sev
eral years, has resigned to go Into busi
ness. His successor has not yet been
named.
The Northern Pacific Company has
started work upon Improvements here
which will cost $20,000.
Reserve Agent for Colfax Bank.
WASHINGTON, Aug. 12. The Control
ler of the Currency today designated
First National Bank of Chicago as re
serve agent of the Second National Bank
of Colfax, Wash.
Washington Notes.
Some specimens of oil rock are said to
have been discovered between the mouth
of Gray's Harbor and the Straits of Fuca.
A pork-eating cougar, In Lewis County,
successfully got off with a hog from
among four traps without springing any
of them, but was finally treed by dogs
and shot with a rifle.
Tha underwriters are considering
changes in their rates at Spokane. The
difficulty is with the water supply, the
pressure being too low for fire protection
when irrigating is In full blast.
Farmer Hibbits, of Stevens County, set
his barn on fire while trying to burn out
a wasps' nest above his hay loft The
barn, hay and $500 in currency, concealed
In the lower part of the structure, were
a total loss.
Sidewalks repaired and constructed In
Spokane during the past month by the
citizens, and without cost to the city,
amounted to 6359 feet, or well over a mile.
New plank walks laid amounted to 1034
feet, while 639 feet of cement walks were
constructed.
Richard U. Goode, United States Geog
rapher, has been In North Yakima for
some time, superintending the surveys in
the Cascades. The headwaters of the
Natchez and other streams are being
mapped, and the forest reserve will be
properly platted.
There Is a scarcity of harvest hands
around Pullman. Farmers and threshing
machine owners arc In town almost dally
trying to hire men to help save the Im
mense crop. Wages are higher tnan In
former years, and many crews are run
ning short-handed.
The schooner WImpe Brothers, named
after and built for the firm of that name
In San Francisco, was launched from the
LIndstrom yards, In Aberdeen, Saturday
afternoon. The vessel, which will be
four-masted, will cost $52,000 when com
pleted, and will have a capacity for 900,000
feot of lumber. She Is 156 feet over all, 3SL
feet breadth of beam, and 14 feet depth
of hold.
MUST PAY ASSESSMENT
CITY AUTHORITIES WIN ASTORIA
STREET IMPROVEMENT SUIT.
Property-Owners Cannot Enjoin Col
lection After Q.aictly Permitting
Improvements Other Decisions.
SALEM. Aug. 12. The Supreme Court
today handed down five decisions In ap
pealed cases, affirming three, reversing
one and modifying one, and overruled one
motion. The principal points decided are
as follows:
That property owners cannot enjoin col
lection of a street assessment after quiet
ly permitting the Improvements.
That one seeking title to land from the
United States cannot claim that he held
adverse possession.
That error of the trial court cannot be
urged on appeal unless an exception was
saved.
That where, in pursuance of arbitration
and ward, both parties have acts to per
form simultaneously, neither can enforce
the award without performing or offer
ing to perform his part.
No receiver is required where the dis
bursing of a fund Is the only duty to be
performed.
G. WIngate M. J. Badollet, Clara Fisher,
Angus Sutherland, Celestia Gearhart, Fan
nie McVicar, E. P. Parker, Sadie Schlus
sel and Birdie R. Sehlussel. aDnellants.
vs. the City of Astoria, and E, Hallock,
Chief of Police, respondents, from Clat
sop County, T. A. McBrlde, Judge, af
firmed; opinion by Chief Justice Bean.
This 'was a suit brought by the owners
of certain real property abutting on Grand
avenue In Astoria, to restrain the sale of
,tho property for delinquent street assess?
ments. The suit was begun after the
street work had beene completed and ac
cepted by the city. The plaintiffs made
nonobjection whatever while the work was
In progress, but In this suit they insisted
that tho entire proceedings were Invalid.
The only objection to the proceedings on
tne ground of jurisdiction was that the
grade of the street had not been legally
established prior to the proceedings for
its improvement. This is the only objec
tion qonsidered by the Supreme Court.
In July, 1S91, the City Council passed an
ordinance establishing the grade of what
was then Seventh street, but Is now Grand
avenue. It was contended by plaintiffs that
this ordinance was void because It was
approved by the president "of the Coun
cil at a time when there was a vacancy
In the ofilce of Mayor, and hence no grade
had been legally established. The Su
preme Court says: "There is no provision
in the charter making the establishment
of a grade a condition precedent to the
right or power of the Council to Improve
the street, or prohibiting such Improve
ment before the grade Is established. If
any such requirement Is to be found
therein, It Is by Implication and not by
direct provision. But It Is unnecessary
for us to examine that question at this
time, for even If It be conceded that the
charter contemplates that the grade of a
street shall be established before the
improvement is begun, and that proceed
ings for the Improvement prior thereto,
upon seasonable objection and in an ap
propriate proceeding, would be held in
valid, we are clearly of tho opinion that
where, as In this case, the Council has
attempted to establish a grade, mere Ir
regularity, or even Invalidity In the pro
ceedings not amounting to a want of Juris
dlclon, would not affect Its power to sub
sequently improve tho street according
to such grade, nor afford ground for an
Injunction by a property-owner to re
strain the collection of an assessment for
such Improvements after tha work had
been completed."
Charles Alt9chul, appellant,, vs. Enimett
Clark, respondent, from Harney County,
M. D. Clifford,' Judge, reversed; opinion
by Justice Wolverton.
This was an action to recover possession
of a tract of land In Harney County. It is
stipulated by the parties that the plaintiff
holds the record title and adverse posses
sion for tho period of more than 10 years
prior to the commencement of the action
is the sole defense Interposed. In 18S3
Elonzo N. Fleming settled upon the land
and In 1884 filed a preemption declaratory
statement for 40 acres thereof. After ex
tended litigation in the Land Department,
this entry was canceled. No attempt was
made to derive title from the Government
to two other parcels of thl9 tract of land.
The defendant Is Fleming's successor In
interest. The plaintiff claims through the
Willamette Valley & Cascade Mountain
Wagon Road Company. It was stlp'u
lated that as tothe 40-acre trace there
was no approval of the wagon road com
pany's selection, by the Secretary of the
Interior prior to June 23, 1899, and as "to
the other two tracts no approval by the
Secretary of the Interior prior to 1893. Tho
Supreme Court holds that by his attempt
to gain title from the Governement by
preemption, Fleming admitted title In the
Government, and Is therefore estopped
from claiming adverse possession during
his proceedings In the Land Department.
As to both the 40-acre tract and the other
two parcels of land, it is held that the
statute of limitations does not run until
the title has passed from the Government.
It Is apparent that It has not yet run as
to any of the land. The lower court left
the question of whether Fleming intended
to admit the title of the Government to
the jury, but the Supreme Court holds
that this was error. The lower court held
that title passed to the wagon road com
pany when the selection list vraa filed
and the fees tendered, but the Supreme
Court holds that the title does not pass
until the selections have been approved
by the Secretary of the Interior. The ver
dict of Jury In the lower court was for
the defendant upon his adverse posses
sion. The Supreme Court holds that a
verdict should have beeen directed by the
court In favor of the plaintiff.
E. B. Watson, and B. B. Beekman, re
spondents, vs. Southern Oregon Company,
appellants, from Multnomah County, A.
L. Frazler, Judge, affirmed; opinion by
Chief Justice Bean.
This was an action to recover $6000 for
professional services, rendered by the
plaintiffs for defendant in three suits
brought , against it and others by the
United States to have certain lists and
patents, Issued to the Coos Bay Wagon
Road Company, vacated and set aside, and
certain deeds from the latter company toM
defendant declared null and void.
The answer admits the employment of
plaintiffs, but denies that the services
were reasonably worth any greater sum
than $500. Upon the trial, the value of
the property Involved In the litigation be
tween the defendant and the United States
became an important question. During
the cross-examination of a witness for the
defendant, who testified upon that sub
ject, tho plaintiff Watson offered In evi
dence a decree of the Circuit Court of the
United States In a suit by Rotch vs. Ore
gon Southern Improvement Company,
foreclosing a mortgage on the some prop
erty. Objection having been made, Wat
son stated In the presence of the Jury
that he wanted "to show that they mort
gaged this property for over $1,390,000 and
they got the money on It."
Watson also offered in evidence a tran
script of the decree In that suit, by which
he said It would appear that the property,
including some other property, was valued
at $2,000,000, and that defendant Jiad Is
sued bonds upon the basis of that valua
tion and had actually received thereon
from $1,200,000 to $1,500,000. This transcript
as well as the decree were held not ad
missable. No objection was made or ex
ception taken to the statements of coun
sel as to what they expected to show by
the record offered, and no ruling thereon
was requested of the trial court. Subse
quently the opinion of the United States
Court in the case of the Unitecl States vs.
Coos Bay Wagon Road Company was read
by Mr. Watson In making his closing ar-
eument. The jury rendered a verdict for
tho plaintiff for $6000.
On motion for a new trial the court
overruled the motion on condition that
plaintiffs would remit $1000 of. the ver
dict, which they did- On appeal tho de
fendant assigns as error the statements
of counsel as to what they expected to
prove by the Judgment roll in the Rotch
case, the reading by them of the opinion
In United States case and the refusal of
the trial court to grant a new trial.
The Supreme Court says: "No objec
tlo was made or exception taken to the
statements of counsel as to what they
expected to prove by the judgment roll,
and no ruling was requested of the trial
court, so that the record presents no ac
tion of the court in relation to the matter
subject to review on appeal. . . The
opinion In the case of United States vs.
Coos Bay Wagon Road Company was read
by counsel to the court while discussing
some proposition of Jaw, and although
it is not apparent from an inspection of
the opinion how any question discussed
therein could have become material or
Important In the trial of this cause, yet it
does not appear that counsel were acting
In bad faith In citing or reading the opin
ion, or that it could have improperly In
fluenced the jury, or affected any sub
stantial right of the defendant. No ques
tions of fact seem to have been Involved,
or statements contained In It pertinent
to the facts In controversy In this case."
It Is also held that the overruling of the
motion for a new trial was not error.
M. F. Parrlsh and Byron Simmons, ap
pellants, vs. George P. Hlginbotham, re
spondent, from Sherman County, W. L.
Bradshaw, Judge, affirmed; opinion by
Chief Justice Bean.
Tho points decided In this case are that
where a question has beeen submitted to
arbitrators, the decision must be withjn
the terms of tho order submitting to ar
bitration, and that before one party can
enforce an award In the nature of an
executory contract he must allege and
prove performance, or offer of perform
ance on his part, in this case the award
was within the terms of submission, but
the plaintiff did; not allege performance.
S. E. Young et al. respondents, vs. John
Hughes, as administrator of the estate of
Seth R, Hammer, deceased, appellant,
from Marlon County, R. P. Boise. Judge,
modified; opinion by Justice Moore.
This was a suit by certain stockholders
of the Gold Mountain & Dry Gulch Gold
& Silver Mining Company to establish
a Hen upon a fund In the hands of the
representative of a deceased trustee. The
Hen was declared by the local court and
Amos Strong was appointed receiver to
disburso the fund to tho persons entitled
to It. The costs were taxed against the
administrator. The Supreme Court holds
that where the disbursement of a fund
Is the only act to be performed, no re
ceiver is necessary. It Is therefore or
dered that tho receiver be discharged
and that the money be paid to the Clerk
of the Court for disbursement. It Is also
found that the lower qourt erred In the
amount upon which the stockholders have
a Hen, and the sum Is reduced from
$1201 62 to $1177 12. The costs In the lower
court are directed to bo paid out of Ham
mer's estate The -costs In the Supreme
Court are to be paid out of the trust
fund.
Other court orders today were as fol
lows: Thomas J. Hanmer, respondent, vs. F.
D. Downing et al., appellants, from Mult
nomah County; on motion for vacation of
Judgment of the Supreme Court, motion
overruled: opinion by Justice Moore.
The decision of the -Supreme Court was
rendered April 8, 1901, and two days later
defendant filed his cost bill. No objec
tions having been filed thereto within the
statutory time, the clerk allowed the
cost bill and recorded the judgment. On
April 27 plaintiff filed a petition for re
hearing and this was overruled on June
3. On June 21 plaintiff filed this motion
to vacate the judgment In respect to costs
and disbursements, and four days later
filed objections to the cost bill. The Su
preme Court holds that this proceeding
was regular and that the judgment was
properly entered. Plaintiff contended that
the judgment should not have beeen en
tered until the petition for rehearing had
been disposed of,
P. H. Ovlatt, appellant, vs. Big Four
Mining" Company, respondent; time for
filing petition for rehearing extended 30
days.
A, H. Carson, respondent, vs. F. M.
Hayes, appellant: respondent allowed eo
days additional to file petition for rehear
ing. Curtis E. Bowers, respondent, va. Star
Logging & Lumbering Company, appel.
lants; respondent allowed until September
1 to file brief.
United States Mortgage & Trust Com
pany, respondents, vs. P. A. Marquam,
appellant, two cases; appellant given 20
days additional to file abstracts.
W. E. Balnes, appellant, vs. Coos Bay,
Roseburg & Eastern Railway & Naviga
tion Company, respondents; appellant's
time to file reply brief extended to Aug
ust 31.
Emily J. Schneider, respondent, vs.
Anna Danner, appellant; case dismissed
on stipulation without costs and all sure
ties relieved.
Anna Danner. appellannt. vs. Jacob
Danner, respondent; same order.
Otto L. Haese was admitted to the bar
for nine months on a certificate from the
Circuit Court for St. Louis, Mo.
Quotntions of Mining: Stocks.
SAN FRANCISCO, Aus. 12. Official closing
quotations of mining stocks:
Alta, $0 03JustIoe $0 00
Andes 4Mexlcan 17
Belcher 7OcoldentaI Con ... 2
Best Sc Belcher... 14 Ophlr 87
Bullion t 1 Overman 12
paledonla 31 PotosI 6
Challenge Con ... 393avage 7
Chollar 5'SIerra Nevada ... 18
Contldence 1 40SUver Hill 35
Con. Cal. & Va... 2 00 Standard 3 25
Crown Point .... lOIUnlon Con 14
Gould & Curry... 14jUtah Con 5
Hale & Norcross. 27 1 Yellow Jacket .... S5
NEW YORK, Aug. 12. Mining stocks today
closed as follows:
Adama Con $0 25Llttle Chief $0 12
Alice' 43,0ntarlo 8 23
Breece 40;Ophlr 75
Brunswick Con .. ajPhoenlx 8
Comstock Tunnel. 6lPotosl 4
Con. Cal. & Va... 1 00 (lavage 6
Deadwood Terra.. SOlHlerra Nevada ... 8
Horn Silver I 75Small Hopes 50
Iron Silver 57 Standard 3 30
Leadvllle Con ... 0
BOSTON, Aug. 12. Closing quotations:
Adventure $ 23 CO.Osceola ,? 00 50
Blng. Mln. Co.. 41 0O)?arrott CO 00
Amal. Copper .. 112 OOjQulncy 170 00
Atlantic 35 00 Santa Fe Cop... 6 00
Cal. & Hecla... 710 OO.Tamarack 34 75
Centennial .... 26 SOjUtah Mining ... 23 50
Franklin 17 001 Winona 2 50
Humboldt 25 00; Wolverines
vri IHl U'nlvHnat li.1 IKI
SPOKANC, Aug. 12. The closing quotations
of mining stockn "today were:
Bid. Ask.! Bid. Ask.
Amer. Boy .. 04 8 Morrlson 2i
Blacktall .... 0
Butte St. Bos..
Crystal 4
0T4'Prin. Maud .. 1 1
lftlQullp 25
5Kamb. Car ...404 44U
3ViiepuDitc s a
.. (Reservation .. 6.
3HlRoss. Giant
l&Sulltvan IVx
5H Tom Thumb.. 12
30 (Wonderful ... 2
33s
6
3ft
8
12',5
4
Finance of Clark County.
VANCOUVER, Wash., Aug. 12. County
Treasurer Parcel today rendered a state
ment of the finances of the county for
the three months ending June 30. Tho
statement was delayed by reason of an
unusual amount of work In the Treas
urer's office, Incident to the collection
of taxes. The following Is a summary of
tho report:
Receipts during the quarter $ 74,738 11
Cash on hand April 1 36,489 63
Total $111,227 74
Disbursements, all Sources $ 52,729 45
Cash on -and 5S.43S 29
Total $111,227 74
The total amount received for taxes. In
cluding delinquent rolls, was" $58,245 79, of
which $47,572 $S was paid on the 1900 roll.
The state, apportionment of school funds
received by Clark County for the quarter
was" $12,902 36.
conjecture ..a
Deer Trail .. 2
El Caliph .... 25
Gold Ledge ..
L. P. Surp... 4
Mtn. Lion ...25V4
Morn. Glory- 2T
GREAT FOREST FIRES
IMMENSE DAMAGE BEING DONE
ON COAST OF BRITISH COLUMBIA.
Several Islands. Completely Denuded
and Flames on Mainland Spread
With Fearful Rapidity.
VANCOUVER, B. C, Aug. 12. The for
est fires which annually destroy thou
sands of dollars' worth of property are.
now raging on the British Columbian
Coast. Reports today from up the coast
state that several small Islands have been
completely deluded of trees, and tho wood
Is ao dry that fires on the mainland, once
started, spread with fearful rapidity.
WELSH SETTLERS FOR CANADA.
Will Try to Get Colony Now in South
Amerlcn to Emigrate.
t ANCOUVER, B. C. Aug. 12. A special
from Ottawa says:
It was decided at a Cabinet meeting to
day that W. L. Griffith. Canadian immi
gration agent in Wales, should proceed
from Liverpool for the Welsh colony in
Patagonia, South America, for the pur
pose of Inducing Welshmen to immigrate
to Canada. W. J. Rees, one of the three
Welsh delegates who visited Canada In
1S99, will accompany Mr. Griffith.
There are about 4000 Welshmen in tho
colony they intend visiting, and it Is re
ported they are very much dissatisfied
with the treatment accorded them by tho
Argentine Government, and desire to Io
cafj themselves somewhero under tho
British flag. The Immigration department
hopes to be able to induce a good por
tion of them to como to this country.
STRIKE WILL BE SETTLED.
Canadian Pacific Trackmen Say
Trouble Is Abont Over.
VANCOUVER, B. C. Aug. 12. Local
trackmen say their strike against the Ca
nadian Pacific will be settled within tho
present week. In an interview a local
strike leader said today:
"Our delegation from the West Is now
on the way to Montreal, where negotia
tions are going forward for a settlement.
It Is probable that It will bo settled before,
tho arrival of the Western delegation. It
Is simply a matter of the two sides get
ting down to business and talking thing
over. It is all a question of the recogni
tion of tho union principle. Tho matter
of wages can be settled In a very short
time, and the other troubles will disap
pear." Explosion in a Coal Mine.
VANCOUVER. B. C. Aug. 12. Thero
was nn explosion today In Extension Mine
No. 3 on Vancouver Island. The only
man known ro be below was Qulnn, tho
fire boss, who was probably killed. Search
parties have been unable to enter yet,
owing to the afterdamp. The mines are
not working at present, owing to the San
Francisco dock strike, hence the men
were not below at the time. The cause
of the explosion Is unknown.
Chinese Shipping Over the Border.
VANCOUVER, B. C. Aug. 12.-Chlnesa
and Indians are leaving the British Co
lumbia canneries to go to work in the
establishments at Point Roberts. Immi
gration officers report that Chinese In
large numbers are slipping across the
boundary line.
OrcRon Pioneer of 1S53.
EUGENE, Aug. 12. O. F. Knox died
yesterday at his residence In Eugene from
pneumonia. Ho was born In Schuyler
County. Missouri, in 1845, and came to
Oregon with his parents in 1S53. After
spending the first Winter in Lebanon, the
family moved to Cottage Grove, which
had been the homo of the deceased until
he moved to Eugene, a year ago. He loft
a widow and five children Mamie, Roy,
Duke, Lizzie and Frank.
Northwest Postofllces.
WASHINGTON, Aug. 12. On August
31 the postofflce at Anldem. Linn County,
Or., will be discontinued, mall for that
point going to Gates. On the same date
the office at Eaton, Alaska, will be dis
continued, mall going to St. Michael.
Oregon postmasters appointed: O. K.
Peyton, Peyton, vice A. J. Jones, resigned;
W. M. Laird, Sltkum, vice F. B. McDow
ell, resigned.
Pay Day at the . BarracUw.
VANCOUVER, Wash., Aug. 12. A
month's pay was distributed by tho
Paymaster, United States Army, to the
1200 or more troops now stationed at
Vancouver Barracks, today. The pay
ment amounted to between $20,000 and
$30,000.
AInslcan Notes.
It Is reported that the Treadwell mines
will have a reserve of 4,000,000 tons of ore
blocked out before January 1.
G. Guojake. a laborer In the Treadwell
mines, was killed- by falling down an old
stope. He had been told to go for a ham
mer, and lost his way In an abandoned
drift.
Douglas City Is soon to have a largo
salt water natatorium, and on lines that
will make It probably the best In Alaska.
Tho salt baths will be heated, and among
the attractions will be a larse swimming
pool.
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