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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MOBNI&G- OBE(50KTAH, FfclDAY, NOYEMBEB 1, 19D1.
SUPREME CpURT BtBABb ARGU
MENTS IH LoGKWOOD CASE.
1U Constitutionality Is the Tjlnt at
IssuePrincipal Contentions of
SALEM. OcL SL The suit to determine
the legality of the lockwood primary
election law was Tried In the Supreme
Court today. The case was taken under
advisement by the Supreme Court, and a
decision, will be rendered at some future
day. It Is the custom of the court to
hand down decisions on Mondays, and
a decision cannot be expected, therefore,
except on those days.
The Lockwood law has for its pur
pose the regulation of primary elections
In all cities of 10,000 Inhabitants, and at
present applies only to the City of Port
land. In order to test the constitutional
ity of the law, Messrs. W. M. Ladd. Fred
H. Page. Finlay McKercher, and John
Bain brought a. suit In Multnomah Coun
ty to enjoin County Clerk Holmes from
proceeding under the provisions of the
law. In the same suit, the legality of
the Morgan primary law was also test
ed. The case was tried in the Circuit
Court, before Judges deorge. Sears and
Cleland. and a decision rendered uphold,
ing the Lockwood act, "but declaring the
Morgan act unconstitutional. It was then
conceded that the Morgan act was Il
legal, hut the controversy jas to the
Lockwood act was taken to the Supreme
Court. In the trial today the constitu
tionality of the Lockwood act was ques
tioned by 'Wallace McCamant, attorney
for Messrs. Ladd, Page, McKercher and
Bain, while that act was supported by
Charlea H. Carey and Charles E. Lock
wood, attorneys for County Clerk
Provision of the Act.
The Lockwood act was Senate bill ISL
of the Legislative session of 1901, and is
found at .page 317, of the laws of that
year. The act provides that the County
Clerk shall designate a primary day
for cities of 10,000 inhabitants, which day
shall be not less than CO days prior to the
general election, and that he shall give
due notice of such primary election. It
is provided that all political parties which
are entitled to nominate candidates at
conventions under the Australian ballot
law shall be entitled to participate in the
primary election, and that convention
nominees shall not have the right to
have their names printed on the official
ballots unless they were nominated at
a convention formed of delegates chosen
in accordance with this act. This act
does not preclude nominations by assem
blages of electors, or by petitions, as pro
vided by law, but applies only to parties
which are already recognized as such by
the Australian .ballot law.
In forming the primary ticket of candi
dates for seats In the party conventions,
the managers of each party may present
a list of names of proposed delegates,
whloh list shall ho known as the "regular
''ticket" of that party, and any 10 mem
bers of the party may present other lists.
to be known as Independent tickets of
the same party. The tickets for the differ
ent parties are to be printed separately,
but all the lists of one party are printed
on one slip of paper. The elections are
to be conducted by the regular election
judges and clerics, and In accordance with
the rules governing elections under the
Australian ballot system. "When a man
seeks to vote In a primary election, he
must state which party ho wishes to vote
with, and If he be challenged, he Hhall
swear that he voted for a majority of the
candidates of that party at the last gen
eral election, or Intends to vote for a
majority of the candidates of that party
at tho next general election. The dele
gates receiving the highest vote In their
respective parties are entitled to seats in
their party convention.
Grounds of Attack.
In attacking the constitutionality of this
act. Mr. McGamant contended that it vio
lates the constitution In six respects:
First It abridges the right of suffrage and
denies the right to vote to qualified electors
who. the constitution says, shall be entitled
to vote at all elections authorized by law.
Second It indulges In unconstitutional and
unlawful discrimination between voters .and
classes of voters, and denies to certain citizens
of the state the free and equal elections which
are guaranteed by the constitution.
Third It Is local legislation for the pun
ishment of crimes and misdemeanors, and also
providing for opening and conducting the
election of state, county or township officers,
and designating the places of voting.
Fourth The title of the act is Insufficient
under article -i, section 20, of out- state con
stitution. Fifth It provides for the taking of property
without due process of law. In that the ex
pense of an olectlon within the municipality of
the City of Portland is fastened upon the
County of Multnomah, a separate and distinct
Sixth It invades ths resorved right o( the
people to associate themselves together for
political purposes and to manage and control
their association hi their own way, for the
accomplishment of the common objects had
Mr. McCamant argued In support of his
first objection to the law- that It forbids
the right to vote to those persons who
, are not members of parties that polled
more than 3 per cent of the total vote
at the last general election; to those who
have not registered with the County
Court; to those who are challenged, but
who refuse" to take the required oath, and
to those who have no party affiliation.
This feature of the law, he contended,
Is a violation of the right to vote at an
election authorized by law, within the
purview of section 2, article 2, of the con
stltlon, which says:
In all elections not otherwise provided for
by this constitution, every white male citizen
Of the United States, at the age of 21 years
and upwards, who shall have resided in the
state during the six months Immediately pre
ceding suoh election, and every white mala
of foreign birth, of the age of 21 years and
upwards, who shall have resided in this plate
during the six months immediately preceding
such olectlon and shall have declared his in
tention to become a citizen of the United
States one year preceding such election, con
formably to the laws of the "United States on
the subject of naturalization, shall be entitled
t vote at all factions authorized by law.
Continuing, Mr. McCamant said, in brief;
"It was argued In the court bolow, and
will probably be argued here, that sec
tion 8, of article 2, of the constitution,
authorizes the regulation of the right of
suffrage, and hence, the abridgement of
the right where. In the judgment of the
legislature, such abridgement Is desira
ble In order to prevent undue Influence
or other abuses. Under the guise ofv sup
porting the privilege of free suffrage the
Legislature cannot destroy the right or
deity It even to one qualified elector.
All Elections Point.
"The contention was made that 'all
elections' means all general elections re
quired by the constitution to be held on
the first Monday In June, biennially. If it
had been the Intention of the framere of
the constitution that this should apply
only to genet al elections, they certainly
could have used appropriate language to
express that Intention. In section 14 of
this same article they use the words
'general elections' to define biennial elec
tions. "Section 20, of article 1, of our consti
tipn, provides that ho law shall be passed
granting to any citizen or class of citi
zens privileges or Immunities which upon
the same terms shall not equally belong
to all classes, and in article 2, that all
sections shall be free and equal. This
law la a discrimination between citizens
based on tbfilr political affiliations and
upon their places of residence, for only
those parties which polled 5 per cent of
the votes at the last general election can
participate In this primary election, and
only those who reside In a city of 10,000
Inhabitants have the benefit of this act,
while those who reside in the same county,
btlt outside the city, are not governed by
"But thla act discriminates between citi
zens and classes of citizens sot only on
the ground of their political affiliations.
Jt makes .brdaddistlrictlons, between them
In rights, and privileges based, wholly 'on
their places of Tesldence. An elector at
Salem or Astoria Is entitled to the same
consideration and has 'exactly the
same constitutional rights as an elector
at Portland. Yet the, Salemlte or As
torlan, whatever political party he affili
ates with, may hold his primary whenever
he sees fit and may make such provision
as he deems proper to exclude those of
opposite political faith from participation
inthe control of his party. These rights
are denied to the Republican of Port
land. His- primary must be held on a
day fixed by law, -under the control of a
board, divided In Its political complexion
and therefore presumably Inclined, so far
as at least one judge and one clerk are
concerned, to obstruct wise counsels In the
The Greatest Discrimination.
"We have not yet, however, noticed the
most Indefensible discrimination contained
In this act According to the census of
1900, Multnomah County contains 103,000
Inhabitants. Ninety thousand of these re
side in the City of Portland and come
within the provisions of this act; 13,000
i value wiuiuui uie iiiy ui lunmuu im
J are subject to all of the burdens contained
In this act. but are denied its benefits
Mr. McCamant contended that the Lock
wood law also violates the constitution la
providing local legislation for "opening
and conducting elections of state, county
Or township officers, and designating the
places of voting," and said that a local
law for the purpose of nominating county
officers Is open to all the objections urged
against a local law for their election.
The .argument that the act is void for
insufficiency of title 13 based upon the
fact that tho title provides merely for a
primary election, while the act provides
for the election of committeemen, their
term of office, powers, etc
Considerable stress was laid upon the
objection that though this election is con
fined to the City of Portland, the expenses
thereof must be borne by the whole coun
ty. The plaintiff, John Bain, la a resident
of Multnomah County, outside the City
of Portland, and it was contended in hl3
behalf that It is unlawful to tax him for
the expenses of an election that was con
fined to the City of Portland.
Invasion of Party Rights.
"Independent of any expression In the
fundamental law of the state, there are
certain political rights, incidental to those
guaranteed by the constitution, which can
not be abridged by the Legislature," said
Mr. McCamant. "We contend that each
citizen, when associating himself with
other citizens for political purposes, has
the right to protect his organization from
control by tho3e wnose purposes In politics
aro adverse to his own."
Mr. McCamant's argument occupied two
and one-half hours, at the close of which
Charles E. Lockwood addressed the court
in support of the act which bears his name,
and was followed by his associate, Mr.
Carey. Briefly stated, the argument in
support of tho act was as follows:
In Support of the Act.
"A remedial statute for the correction
of abuses Is to be construed liberally, the
presumption being in favor of Its consti
tutionality. Legislatures may prescribe
reasonable safeguards to protect the ballot-box
from fraud and maintain the pur
ity of elections. The terrr- 'all elections
authorized by law' was intended to apply
to public elections of officers, for the
term 'all elections' does not apply to
school elections, and has been construed
to mean officers such as come within tho
scope of the constitution.
"A law which extends to all In the same
situation the same privileges and Immu
nities Ib not unconstitutional, under the
provision In question here.
"The constitutional provision relating to
local laws affecting elections of state,
county, and township officers, lias no ap
plication, to a party primary, at which
no such officers are elected.
"No existing -debt Is being shouldered
upon the county by tjils law. The state
Is interested in the object to be secured
by the act, the protection of the elective
franchise from fraud, and the county is
the agency designated by Legislative ac
tion for carrying out the purpose.
"The act does not prohibit the holding
of political conventions at any and all
times, or interfere with the party govern
ment." "It Is not true that Oregon Is the pioneer
In such legislation as this. There are in
dications that there Is a forward move
ment in this direction In many of the
states, notably In New York, California,
Minnesota, Wisconsin and Colorado. In
some of these the legislation takes the
form of abolishing the time-honored party
convention entirely, and nominating by
what is called the direct primary method.
In others, the effort has been to preserve
the republican principle of delegation or
power to conventions, but to secure hdnest
elections of delegates."
' The attorneys for the County Clerk took
.the attorneys'for the plaintiffs to task foc-
omltting from their quotations from the
jaw such portions as -preserve the Integ
rity of political organizations, and said
that these portions of the law are essen
tial to a proper understanding of the pur
pose of the act. On this point It wa3 ar
gued: Tho law does not prescribe what party;
conventions shall be held; it does not limit
the right of assemblage of the people or
attempt to prevent minor parties or citi
zens of no party affiliations from nomi
nating candidates for office.
"It simply takes tho Australian ballot
act as It finds it, and as to those par-.es
that nominate by 'conventions,' a6 dis
tinguished from 'assemblages of electors,'
and that are recognized by that law as of
sufficient numerical strength to make
nominations of candidates, whose names
shall he printed on the ticket, It attempts
to prescribe regulations that will insure
an honest ballot and a fair count.
Appellant Sets "Op a Man of Stratr.
. "The brief of the appellant, therefore,
sets tip a man of "straw, which It proceeds
to pound without mercy. But It la es
sential to intelligent discussion that the
subject of the debate be carefully under
Stood and defined in advance. The talk
of en attempt 'to deny any portion of the
American people the' right of v association
for political purposes, and the regulation
of the internal affairs of their political
associations.' proceeds upon' a 'false as
sumption, upon a garbled quotation of
the provisions of the act.
"Keeping In mind, therefore, that this
act does expressly limit Its application to
such conventions as are held 'to nominate
candidates for public office,' and to those
jwutiea or associations .that are 'entitled;
to maice nominations as a. ppuuqai purw
or association under the laws of the stato
governing general elections'; and that It
expressly provides that It 'shall not be
construed to affect nominations without
conventions, or nominations by assem-
blaee of electors, as may bo otherwise
provided by law': and that It 'shall not
preclude nominations by assemblages of
electors, or Individual electors, or by the
direct primary method, as may otherwise
be -provided by law,' it will at once be
seen that the principal part of the argu
ment contained In appellant's brief has
"The term 'convention, as used In the
Australian, ballot act, has a limited and
carefully' guarded signification. The con
vention method of nominating Is confined
to parties that show a sufficient numerical
strength to be segregated into a class. In
contradistinction, the term 'assemblages
Of electors' Is used by the act as the
method of nomination by smaller organ
ized bodies; and the rights of unorganized
Independent voters is carefully preserved
by the method of nominating by petition.
It is with the 'convention' that the law
regulating primaries exclusively deals. Nor
does this primary law define the conven
tion or prescribe -what parties or individ
uals have the right to participate in the
convention method of nominating. It sim
ply takes the Australian system as It finds
it, and sees to It that those who have tho.
right shall be protected in the exercise of
this risrht"' .
It was then contended. In answer to the 1
arguments against the Xockwbod law,
that ;thls act does' not prescribe that only
members of parties that polled a per cent
of the vote 6f the last general election
shall participate in the primary election,
but this limitation Is made in the first
place by the Australian ballot law, and
the primary law simply harmonizes with
tho statutes already In force.
In answer to the contention that this act
prescribes new qualifications for electors
In violation of the constitution, it was
said that primary elections are not elec
tions referred to in the constitution, for
political parties. may hold such elections
or not, as they see fit Primary elections
are the creatures of the parties, and not
of the law, and this .act simply prescribes
regulations for such elections In order to
prevent frauds, and to carry out the pro
visions of article 2, section 8, of the con
stitution. This provision of the constitution, it
was argued, Is general In scope and In
terms. Just as is the provision relating to
a general system of public school. Tho
duty enjoined to enact laws establishing
the school system inferontlally includes
the power xo prescribe the qualifications
of voters at school meetings, and the duty
to enact laws to protect the purity of the
ballot Implies the power to prescribe tue
regulations to secure this object. This
act does not confer powers, for the power
to nominate and elect delegates to a con
vention already exists, and this law only
regulates the exercise of that power.
Protection ot Party Organisations.
"The only new test that has been pointed
out in the Oregon law Is ths requirement
that the voter, -If challenged, shall make
oath that he either voted a majority of
the ticket at a previous election or will
do so at a future election, and the judges
shall not allow him to vote;the ticket if
he cannot thus show ha is so entitled.
The argument of plaintiff is that any test
is invalid, reasonable or unreasonable
but this Is clearly wrong. For example,
it ought not require argument to show
that the Legislature might require the
polls to be opened at a certain hour and
closed at another hour, and that all voters
who fall to get their votes in during the
period will he denied the right to vote,
though, mayhap, standing in line and
waiting turn when the hour strikes.
"So, when a voter is challenged, sup
pose he stands on the constitution and
says the only qualifications are there set
forth, and it Is not there written that he
shall answer questions or take oath, his
position would be absurd. This exact
question was decided in Oregon In 1870.
See Darragh vs. Bird, 3 Or., 229, page. 256.)
And if the Australian ballot law may in
quire a voter to vote a particular ballot
and In a particular manner, or be ex-n
eluded, or if the registry law may impose
new, but reasonable, conditions tipon ex
ercising the right or suffrage, these regu
lations will, when enforced, deny some
voters the right secured to them by tue
constitution, but as. long as tho regula
tions ere reasonable , and fair, they are
"Now to apply the same rulo to this
law, the requirement that the voter dls-
Ciose hl3 party Is necessary where the
primaries of all parties are held at the
same time and place.
"It will be remembered that the elector
has lost no right to vote at the general
election for any person or party, his qual
ifications to vote at public elections are
not enlarged or diminished. The require
ment Is simply that if he assumes to be
long to a party and to wish to assist in
Ub primaries, he shall show that he has
or will act with the party. Tho regula
tion is reasonable and fair."
It was argued that the requirement that
a man disclose his party affiliation Is nec
essary in order to protect party organiza
tions, for if a man wishes to vote at a
primary election he must identify him
self with some party, whether .there be
a primary law or not, and it Is only rea
sonable that a man be. required to vote
with his own party In nominating candi
dates. It would be unfair to permit a
Democrat to participate In tho nomina
tion of Republican candiates, and vice
Answering the contention that the
Lockwood law confers privileges upon'
some which are not conferred upon all,
and requires persons who cannot par
ticipate in the election to bear a part of
tlje expense, Mr. Carey said this objec
tion should be charged to the Australian
ballot law, and not to the Lockwood law,
for it is the former that makes the p
per cent limitation. The members of
the Prohibition party must bear their
share of the expenses, though they do
not have equal privileges with Repub
llcans and Democrats. Authorities were
cited to show that this limitation based
upon numbers has been upheld as rea
sonable. ' '"Mr. McKercher and Mr. Bain are not
..deprived' of any rights by this law. The
former ,1s a Prohibitionist and th latter
belongs to no party at all. Under the
laws already In existence these men had
no right to participate lp primary elec
tions, for the Prohibitionists have nov le
gal bright to nominate by convention, aridr
certainly a man of no party at all can
not expect to bo permitted to help nom
inate party candidates."
Ifo Local Discrimination.
Attention was called to the assump
tion of counsel for appellant that th
Lockwood law does not provide jfordele
gates outside the city. Section 25- was
quoted, showing that It Is required that
the delegates to the convention shall be
apportioned among all the precincts In
accordance with the party vote at the
last general or Presidential election.
"The question hero," It was argued, "Is
whether a law applicable to cities of 10,000
Inhabitants or over, there being but one
such city at present In the state, is local.
Tha,t precise question has never been
decided by our Supreme Court, but it ha?
been frequently decided by other states",'
and we understand that if the law op
erates alike in all partsof tho state un
der iike.jfacts, it is not local."
( Sufficiency of Title.
On this question it was argued by 're
spondents that the provisions of the law
not expressly enumerated In tho title are
'sufficiently designated by the. phrase,
"and matters properly connected there-'
with," used after "primary elections."
It was contended that the selection of
committeemen Is a matter properly con
nected with the purpose of providing pri
Invasion of Itlghtu.
Tho subject of Invasion of rights 're
ceived the last attention of the support
ers of tho primary Jaw. Attorneys for
'the County Clerk saldthcy were unabje
to understand tho complaint of appel
lants that by this law. they aro deprived
. of. .the .right of, associatlonjfdr political
purposes, or the right to protect their
political organization. If it is meant
that party managers are deprived of the
power to keep control in their select cir
cles, and to corruptly refuse to receive
the votes of members of the party at rj
mary elections, then they " woufd admit
that tho complaint was Well founded.
This act, they argued, does not prevent
the organization ot political parties nor
the government of such partles'by their
own members, when organised. Con
ventions and other meetings can be hold
at any time and place and platforms
made as desired. Minor parties are Jfft
free to hold meetings and teach their
principles. They can hold conventions
just as much under this law as they
could before this law was passed, "When
ever their numbers become large enough
to make It necessary for the public wel
fare, they will become subject, to the pro
visions of the primary law. This law
insures one party against interference
from members of another party, for It
prevents men from voting for the elec
tion of delegates to any convention ex
cept that of his own party.
Although the argument of this case
consumed five hours, the Supreme Judges
gave clpse attention throughout. At in
tervals the attorneys were questioned as
tp their views upon particular points,
and no argument or answer to an argu
ment escaped attention
TWRQTEST FOR ilNDUNS
chief ijosephis goi7cg to'wash--ingtcw;uc.;a.gazn.
OBJects'to Closing oif 'a' School Will
Renew Petition $br Histoid
SPOKANE Wash., Oct. 3LChief Jo
seph, head of the Nez- Perces tribe, is In
Spokane, and expects, to go to Washing
ton, where he will see President Roose
velt and demand that a public school be
maintained at the home of himself and
followers upon the Spokane reservation.
He wants to make- a protest against the
recent, order of Agent Anderson closing
the Indian school at Nespilem. This
school has been established for many
years. It was popular "with the Indians,
as the children can come home at night.
EX-SENATOR GEORGE L. SHOUP.
. ... .' "' ..jn
arauau : j t-XjA.-.imK&4nigimcsmrrKV.T .. in tx&fA .... .?? . . . ;.- ?. ' .x4.x-:? . dt-XT.
WHOSE RESIGNATION AS NATIONAL REPUBLICAN COMMITTEE
MAN HAS CREATED A SENSATION IN IDAHO POLITICS.
BOISE, Idaho, Oct. 31. The resignation of ex-Senator George L. Shoup as &
member of the Kational Republican Committee has created a sensation in polit
ical circles of this state. Mr. Shoiip rave no reason for his action In his note to
the state committee, and refuses to discurs it. Some politicians insist that he
has been shorn of his power by the new Administration. It will ber remembered
that when Fred T. Dubois left tho Republican party on the silver Issue Senator
Shoup remained loyal, and there" Is no denying the fact that his action put him in
full control of the Federal patronaso of the state. The recent forced resigna
tion of Joseph Pinkhom, Deputy United States Marshal of Idaho, was a blow to
Senator Shoup, and no doubt Is largely responsible for his resignation ss National
.Committeeman. Certain it Is that Shoup wants to go back to tho Senate. Some
hold that nla latest action has killed him politically, while others aro of the
opinion that it Is the move of a sKUlful politician to make more certain of suc
cess. Frank R. Gooding, Chairman of the State Republican Committee, has called a
meetlnjr to eeloct a successor to Senator Shoup. The meeting will be held In
Boise, November 22. There Is a confirmed oplnlonthat Frank R. Gooding will bo
selected for Senator Shoup's successor. Mr. Gooding Is a sheep jnan, living at
Shoshone. He Is an avowed candidate for Gocrnor; while XV. E. Borah, the law
yer, is slated for tho United States Senate, to succeed Senator Heltfeld.
a--o o -
The school at the agency is many miles
from the homes of the tribe. So far, the
children have not been sent to the agency
school, and the Indians are threatened
with arrest unless their children are made
to comply with the law.
Chief Joseph talked of his visit to Mc
Klnley two years ago. The chief is
grieved at the President's death. He
says McKInley told him he was President
of all the people, white and red, and that
he would try to make them happy. Jo
seph hopes to find Roosevelt In the same
spirit. In addition to urging tlte school
matter, Joseph will renew his petition to
be allowed to return with his tribe to their
old hunting grounds In the Wallowa Val
INDUSTRY FOR REFORM! SCHOOL.
State Will Soon Establish a Cream
ery ojf a Printing- OiUcc.
OLTMPIA, Oct. SI. At the next meet
ing of the State Board of Control, to be
held shortly after the arrival of Its mem
bers from their tour of Inspection of the
state Institutions, the question of estab
lishing a printing office or a creamery at
the Reform School will be taken up. Tho
last Legislature appropriated 42000 for the
purpose, and nowtho board is somewhat
undetermined as to whether It would be
better to establish a printing office or to
engage the inmates In the manufacture
of butter. The Attorney-General has giv
en the board an opinion that It may es
tablish the prlntlng'offlcc and at the same
time, may do the printing for all the
state Institutions, While a butter manu
factory would undoubtedly be a great
thing for the state, as about 5000 pounds
are used by the Institutions1 monthly, the
board will . probably lean towards the
printing office just at this time when
the state printing fund is exhausted and
tho officials do not know where to -.turn
for necessary printing.
Salt of City of Aberdeen Postponed.
ABERDEEN. Wash., Oct. 31. The cose
of the city asalnst Alderman Stewart has
been put over until November 13, and will
be tried by a jury in the Superior Court.
This Is an action to determine the title to
apart of the only available county road
leading to Aberdeen. The portion In dis
pute leads through Mr Stewart's prop
erty, and was laid out by hlpa. He offered
to further Improve It lately, and to give
tho city title, for ?CO00, and after a ma
jority of the Council had voted for It Al
derman Anderson took the case Into court
and the city .was prevented from .carry
ing out the agreement, whereupon Alder
man Stewart declared hi3 Intention of clos
ing up the property. Action, however, has
been deferred pending the result of the
trial. The city has had the use of the
road for seven years or more, and holds
that it Is a public highway now, under the
law governing public thoroughfares.
New Bank for Vnnconver.
VANCOUVER, Wash., Oct. 31. The or
ganization of the Vancouver National
Bank, of which Hon. H. W. Corbett, of
Portland, and Hon. Levi Ankeny, of Walla
Walla, aro directors, is new complete.
The capital stock of S30.OCO has been sub
scribed and paid In, and the new bank will
be ready to receive deposits as soon as
arrangements can be made for a suitable
building. Tho directors of the bank are
negotiating for the use of the building
and fixtures of the suspended First Na
tional Bank, and have submitted an offer
for the purchase of the property. In case
of failure td get this property, temporary
quarters will be obtained until a suitable
site can be secured and a building erected.
Farmers' Institute for Ohcftnlis.
CHEHAIIS, Wash., Oct, 'SJ. The pro-
gramme for the Lewis County farmers' in
stitute has been issued. The- session will
lie held at Chehalls, November 4-3. The
Citizens' Club has offered the use of its
clubrooms for the meetings. Morning, af
ternoon and evening sessions will be held.
Hon. C. L. Smith, Professor T. A.Brodie
and Professor C. V. Piper are the instruc
tors and lecturers who are to conduct the
meetings. Mr. Smith will deliver an ad
dress Tuesday evening on "Homemaklng."
An exhibit of grain, fruit, grasses, etc.
raised this year Is to be shown, the farm
ers of the county having been Invited to
bring in products for exhibition.
mixers talk op a strike.
Want a Man Discharged Becanae He
Will Not Join the Union.
BAKER CITY, Oct. 31. A strike Is
threatened at the Cornucopia mine be
cause a nonunion man is employed who
Tefuses to join the Miners' "Union or re
sign his position. The Cprnucopia has a
payroll of $17,000 to 520,000 per month. It
is one of the richest properties in Eastern
Oregon. At present it is in the hands ot
A committee of miners waited on Bu-
$!?.. fcNsk Ht & zm
-- ----- 990
perintendent Case and asked him to d's
charge the man who refuses to Join te
union. He referred the matter to Manager
Jones, who still has it under advisement.
Mr. Jones is not inclined to accede to
the demand made by the men.
There is a strong inclination to shut
down tho mine for the Winter, something
that could be done, it is said, without in
Jury to the property or seriously inter
fere with the Interest of the owners. It
Is understood thaf there is more back of
this demand for the discharge of a non
union man than a mere infraction of the
rules of the Miners Union, there being
a strong suspicion on the part of the man
agers of the mine that this nonunion move
is intended as the opening wedge to a
strike on the part of the carmen and
Orejron Mining: Stock Exchange.
Yesterday's quotations on the Oregon Mining
Stock Kxchance were:
Adam Mountain 2'4 ij
Astoria-Melbourne (guaranteed) ..12 24
Buffalo 2U aft
; Copptropolls n 20'
l Champion 50
Carlboti 2 2VI
, v.u.u ..i... . v...vu..d. o
Gold Hill & Bohemia 8 10
Huronlan 5 Gi
' T.nt Hnrv ; ,
I Oregon-Colorado M. M. & D...,..24L " 25N
1 Riverside .... av$J 4'
Bumpier uon30!iaau4 f....3v4T 4
lsooo : 2
SPOKAN'E, Oct. 31. The closing quotations
of mining stocks today- were:
Bid. Ask. I Bid. Ask.
Amer. Boy .. 0"4 104!Morn. Glory.. 2 24
Blacktall .... 8 OV, .Morrison ..... 2 2&
ijc.n u-; luirrin. Ataua .. 2 1:54
?c.eTTr?n 2 2fciQuilp 104 24
! 30ld Ledge .. 1& lIRanib. Car ...48 5014
L.. P. Surp.... 4 4 Reservation .. 4? 4
L. Dreyfus ..3 5 ISulllvanl ..... 0 10
Mtn. Lion ...22 24 Tom Thumb ..13 13tf
SAN FRAXCISCO, Oct. 31. Official closing
quotations of mining stocks:
Balchcr $0 CGIOccIdental Con
Best & Belcher
Challenge Con ...
7 Potest 7
1 75iSterra Nevada ... 18
lljStandard 3 00
HUtah Con 2
. 2XYellow Jaiket .... 15
I Con. Cal. & Va...
Crown Point ....
Gould & Curry...
Hale & Norcross.
NEW YORK. Oct.
cloned as follows:
31. Mining stocks today
Adams Con $0 20!LIttle Chief JO 12
Alice 40Ontario 10 00
"Brcece- ...?. 1 OO.Ophlr 74
Brunswick Con .. 10 Phoenix-- J
Corns! tock' Tunnel. QJPotosI 4
Con. Cal. & Va... 1 COlSavage 7
Deadwood Terra.. 15SIerra Nevada ... 10
Horn Silver 1 0Small Hopes 40
Iron Silver C4 Standard 3 S5
Leadvllle Con ... 0)
BOSTON, Oct. 31. Closing quotations:
Adventure ? 23 OOIOsccola $00 00
Ring. Mln. Co.. 28 DOIEarrott ., 37 00
Amal. Copper .. 85 12QuIncy !. 155 ot)
AtlanUc 30 OOjSnnta Fc Cop..- 4 00
Cal. & Eecla..,. 0CO OOJTamarack 280 00
Centennial 10 75JUtah Mining ... 23 25
Franklin 10 50IWInpna 2 12
Humboldt HO. OOJWolverlnes 58 00
Greater Activity Expected at Mustek.
COTTAGE GROVE, Oct. 31. A large
amount of supplies Is being sent out to
the Muslck mine, and greater aptivlty at
that property is expected. It Is not prob
able that the 10-stamp mill will be put In:
to operation, as most of the free-milling
ore is worked out and large bodies of hase
ore are already assured from the present
stage of developments. During the iast
year several new leads have been opened
up that carry good values of galena ore.
One of the men closely Identified with
"that, company last night said a large
force of men will be kept at work.
GHW SCARED THEM OUT
REINDEER HERDERS IX ALASKA
GIVE UP THEIRi WORK.
Government May L'oae 400 Head, as
No- One Can -Be Found to Suc
ceed the Tlruld Ones.
PORT TOWNSEND. Wash., Oct. SL
The Government may lose 400 hoad of
reindeer at Slnrock. Alaska, according to
passengers arriving on the steamer1 Roa
noke from Nome today. The reindeer
are without herders and are roaming at
will, because of the appearance of a ghost.
Sometime ago a reindeer herder died and
was buried according tQ customs of his
fathers, but according to his fellow herd
ers his spirit did not find rest, and camo
back to earth and resumed Its task of
herding on Slnrock Hills. Night after
night, herders alleger as they wore
watching the deer the form of their dead
companion would appear and Insist In
sharing with them tho vigil of the night.
It was more than they could stand, and
they fled and cannot he induced to re
turn, and other natives having heard
their story, refuse to take their places.
As a result It is feared that the band of
reindeer will go astray, and tho Govern
ment will lose the entire herd.
Nome Has a New Rival.
Keewallk, the new town at the mouth
of Candle Creek, promises to become a
rival of Nome. Although Candle Creek
is one of the latest gold discoveries, the
new town has a population of 1000 people,
and buildings are going up rapidly. Owing
to the scarcity of lumber, many log
houses are being built and men are mak
ing big money in bringing logs down
Deering City has practically been ,de
serted, the entire" population having
moved to Keewallk. Some are tearing
down their buildings and taking them to
the new town. The place is well sup
plied with provisions. Keewallk Creek
Is navigable for small steamers as far
up as the mouth of Candle Creek, and
next Spring steamers will be placed
on the stream.
Reports trom the Point Hope country
are most encouraging, and a big stampede
this Winter to that section is predicted.
Biff Whalebone Deal Falls Thronsrh.
A short time before the sailing of tho
Roanoke from Nome the schooner Arthur
B. returned from a trading expedition
along the Siberian coast. It was the
intention to trade the schooner to Chief
Talllngor for whalebone. Chief Tallln
ger Is the oldest chief on the Siberian
coast and Is known to all whalers, whom
he has rendered valuable assistance, and
as recognition of such services Captain
Coogan, of the old whaling bark Alaska,
built him .a large house, which the old
chief has filled with thousands of dol
lars worth of whalebons, ivory, furs and
hides. The owners of the Arthur B. had
traded the schooner to him for whale
bone, hut when the bone was to be
loaded on the schooner the old chief
backed out and the schooner returned to
Nome without making the expenses of
Body of a Man Found.
Dr. Ling. Swedish missionary at Golo
vln Bay, reports finding the body of a
man named Libby floating In the bay.
The hands, head and feet of the man
were gone. Libby a year ago started In
a small boat for his home across the bay,
when a storm came up, and his fate was
unknown until the body wa3 found.
HAM3IOND PROPOSITION OFF.
Astoria Will Novr Try to Get Local
Men to Dnild a Large Sa-rrmlll.
ASTORIA, Oct. 21. At a special meet
ing of the Chamber of Commerce, held
this afternoon, the committee to which
was referred to the proposition of Mr.
Hammond, relative to building a sawmill
and flouring mill here, reported that it
was unable to secure the sites required
and asked td be discharged. Mr. Gosslin
was present and read a telegram from
Mr. Hammond, stating that the men who
were associated with him in the pro
posed enterprises had withdrawn, be
cause their proposition had met with so
little encouragement here. This puts an
end to all negotiations for the Hammond
enterprises and the committee will again
take up the work of organizing a local
company to erect and operate a sawmill.
Tis Sale Will Be Pat Off.
It Is now certain that the sale of prop
erty for delinquent taxes will not take
place on next Monday, as was announced.
Tho lists of property are not yet ready
and It a meeting of the court Is not held
before- that time to postpone the date It
will be postponed by the Sheriff from
day to day until the court does meet.
Better Run of Fish.
The run of fish In the river has In
creased, and the traps In operation are
catching all that they can dispose of.
In some instances the fish have to be re
leased from the traps because they can
not be handled. They are nearly all silver
aides ot fine quality, and the present run
of them was probably never equalled In
ASSESSMENT OF CLACKAMAS.
Connty Assessor Gives Wealth as
$103,000 More Than Last Year.
OREGON CITY, Oct. 31. County As
sessor Williams today completed the sum
mary of tho 1901 assessment roll. The
total Is ?103 000 in excess of the valuation
of last year. The summary fellows:
Acres of tillable land, 77,862 S1.2S9,2S4
Acres of non tillable land, 410,642.... 1,422;3S5
Improvements on deeded or pat
ented land - 505,291
Town and city lots 632,55s3
Improvements on town and city
Improvements on land not deeded
or patented ..- 415
Miles of railroad bed. telegraph
and telephone lines, 153 119,478
Rolling stock 19.282
Steamboats, manufacturing ma
chinery, etc 171,006
Merchandise and stock In trade.. 90,bi)G
.Farming implements, wagons, car
riages, etc 69.717
Money, notes and accounts 35,318
Shares of stock 10,233
Household furniture, watches, jew
elry, etc SS.276
Horse and mules, 46S2 117.895
Cattle, 12,473 145,334
Sheep and goats, 14,406 20,195
Swine, 5726 11,701
, Gross value all property J4.896.432
Exemptions ..f.: 41S.949
Total value taxable property J4.477.4S3
Polls .:::::j;;. 1.126
FARMER HELD UP.
Two Men Rode Several Miles AVlth
Him Before Taking His Money.
ALBANY, Oct. 31. John Rockwell, a
farmer residing about 20 miles east fit Al
bany, was held up this week while on his
way home from Albany. When crossing
Beaver-Creek bridge two men asked for
a ridev which was given them. One of the
men sat in the seat and the other behind.
They had gone a mile or two when the
latter exhibited a revolver and asked Mr.
Rockwell for his spare change, whloh the
otner man took from his pockets, amount
ing to 52L On his way Mr. Rockwell hud
hidden 5100 In his bootleg, which was un
disturbed. After riding a mile further
the men thanked their victim for his kind
ness and, getting out, bade him good
NO COMPROMISE FOR THEM.
Officials Refuse Offer of Experts Who
Want Marlon Connty' Books.
SALEM, Oct. 31. Messrs. Clark &
Buchanan, who were recently employed
to expert the books of Marlon County,
last evening made an offer of compro
mise with the county officials, who have
refused to turn over their books. They
proposed that the -county officials appoint
I two local accountants of known ability
AH doctors are good, but
only the best can cure the
hardest cases. Just so with
cough medicines. AH are
good, but only the best can
cure the hardest coughs.
Buy the kind the doctors pre
scribe, Ayer's Cherry Pec
toral. "For three winters I had a very bad
cough. I then tried Ayer's Ghcrry Pec
toral. In a short time I ceased cough
ing, and soon was entirely cured.'
Mrs. Pearl Hyde, Guthrie Center, la.
25c, 50s., J5.C3. J. C. AVER CO., LaweH. Mass.
to go over the books with them. If no
material errors were found, the experts
would pay the two local accountants,
while If material errors were found the
officers were to pay the accountants.
Clark & Buchanan gave the officers un
til 3 P. M. today to consider the propo
sition, and the officers declined to ac
John Bnrr, Washington Pioneer.
VANCOUVER, Wash., Oct. 31. John
Burgy, a pioneer of Vancouver and Clark
County, died at his home here today from
heart failure. Deceased was a native ot
France, having been born at Alsea, De
cember 16, 1S23. He served in the French
Navy for several years and was a veteran
of the Algerian War. He came to Amer
ica in 1S51, settling first at New Orleans,
but came to the Pacific Coast the fol
lowing year, arriving at Vancouver No
vember 6, 1S52. "He rendered good service
in many ot the early Indian wars n1
served three years as a member of the
Oregon Volunteer Cavalry in 1S61. He wjs
an honored member of the Grand Army
of the Republic and had been a resident
of Vancouver for nearly 40 years. He left
a widow and 10 children Morrow, Captali
Joseph, G., Henry, John and Miss Mary
Burgy. Mrs. M. A. Hodgkiss, Mrs. Caro
line Wood, Mrs. Dell -Hubbard, of Van
couver, and Mrs. Anna Dlmltt, of Port
land. The funeral will take place from
St. James Cathedral tomorrow. Ellsworth
Post, G. A. R., will assist in the funeral
R. A. and J. II. Booth Bny a Bank.
ROSEBURG. Or., Oct. 31. O. F. God
frey & Son, of the Douglas County Bank,
have disposed of their Interests In that
institution to Senator R. A. Booth, of Eu
gene, and his brother, J. Henry, receiver
of the Roseburg Land Office. These men
are at the head of the Booth-Kelley Lum
ber Company, of Lane County, and also
have large Interests in Josephine and
Douslas Counties. The actual transfer of
the business will not occur until about De
cember 1, 1901, and it will continue busi
ness under the name of the Douglas Coun
ty Bank. Several substantial citizens of
Roseburg. Including C. A. Marsters. J. T.
Bridges and F. W. Benson, will take stock
in thu bank under the new management.
The bank was established in 1S83.
Miscreant Mntilntcd City Records.
WESTON, Or., Oct. 31. A singular out
rage was discovered this forenoon at the
City Council chambers. The floor of the
room was covered with fragments of city
records of every description, which h;d
been cut. torn and mutilated. The city
will bo put to considerable trouble ard ex
pense, but the records wore only partially
destroyed, and can be duplicated. There
is no clew to the perpetrator, and no mo
tive can be assigned for tho deed. It Is
supposed to be the work of some drunken
and frenzied miscreant, who merely want
ed to gratify a whim for destruction. En
trance was effected by prying open tho
door, and the secretary containing the rec
ords was then broken into.
TILLAMOOK. Or,, Oct. 31. Senator
Mitchell has written Representative B. L.
Eddy that he is quite sure the Oregoi
delegation will be able to have Incorpor
ated In the next river and harbor bill
an appropriation for the survey and esti
mate of the cost of the Improvement ot
There being no Republican, at Woods
who Is desirous of filling the vacany
In the postofftce at that place, the Re
public County Committee, after holding
up the appointment several weeks, has
recommended the appointment of R. T.
Weatherby. who is a Democrat.
The Most Sncccssfnl Male Imperson
ator on the American Stasc Cnres
Her CosR-h and Keeps Her
Throat and Voice in
MISS ZELMA RAWLSTON.
Many letters are received dally, similar
to the following one from Miss Rawlston,
from prominent singers and artists who
use nothing but DR. BULL'S COUGH
SYRUP to prevent hoarseness and cure
Whenever I have had a cough or been
troubled with hoarseness during my pro
fessional career I have always used DR.
BULL'S COUGH SYRUP, which , has
worked like magic. It cures my hoarse
ness and my coughs almost Instantly.
This 13 the kind of medicine I must have
so as to keep my voice In codltlon.vas
you know my work a a male Imperson
ator Is very hard Or. the voice anl
throat. I have never found anything that
cures as quickly and as thoroughly ory af
fection of tho throat as DR. BULL'S
COUGH SYRUP. Very truly, ZELMA
RAWLSTON. 74 W. 3Sth st.. New York
City, August 7. 1901.
For 50 years singers, actors, pufcl'c
speakers and clergymen have used DR.
BULL'S COUGH SYRUP to prevent
hoarseness and to cure coughs
and colds and all affections cf
the throat on account of the ab
solute security they feel In Its curatle
qualities. Thousands of doctors present?
DR. BULL'S COUGH SYRUP and many
of the prominent hospitals use It ex
clusively for hoarseness, asthma, broc
chlltls, coughs, colds, grip, Influenza and
Be suro you get the genuine. See that
the trade-mark, "Bull's Head," is on tho
package. Cheap substitutes are Injurious.
Large bottles 25c, at all druggists.
FREE. A beautiful Calendar and Medi
cal Booklet free to any one who will
write A. C. Meyer & Co., Baltimore, Md.,
DR. BULL'S COUGH
I and mention this paper.