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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 1, 1901)
", THE MOBNI&G- OBE(50KTAH, FfclDAY, NOYEMBEB 1, 19D1. '"1 m PRIMARY UWCASEWASUP SUPREME CpURT BtBABb ARGU MENTS IH LoGKWOOD CASE. 1U Constitutionality Is the Tjlnt at IssuePrincipal Contentions of the Attorneys. 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 Holmes. 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 municipal corporation. 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 in view. 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 this law. "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 Republican party. 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 and protection. 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 no application.' "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 upheld. "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 versa. 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 mary elections. 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. MMttMnHHHMHMH4tMtMMtHMHHt EX-SENATOR GEORGE L. SHOUP. L'i-i.'fXf-' . ... .' "' ..jn r&7tv?8 o2ft.oK-s: 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 ley, Oregon. 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 receiver. A committee of miners waited on Bu- T $!?.. fcNsk Ht & zm SfcyR-;: ' -- ----- 990 perintendent Case and asked him to d's charge the man who refuses to Join te union. He referred the matter to Manager Jones, who still has it under advisement. Mr. Jones is not inclined to accede to the demand made by the men. There is a strong inclination to shut down tho mine for the Winter, something that could be done, it is said, without in Jury to the property or seriously inter fere with the Interest of the owners. It Is understood thaf there is more back of this demand for the discharge of a non union man than a mere infraction of the rules of the Miners Union, there being a strong suspicion on the part of the man agers of the mine that this nonunion move is intended as the opening wedge to a strike on the part of the carmen and muckers. Orejron Mining: Stock Exchange. Yesterday's quotations on the Oregon Mining Stock Kxchance were: Bid. Asked. Adam Mountain 2'4 ij Astoria-Melbourne (guaranteed) ..12 24 Buffalo 2U aft ; Copptropolls n 20' l Champion 50 Carlboti 2 2VI , v.u.u ..i... . v...vu..d. o Gold Hill & Bohemia 8 10 Huronlan 5 Gi ' T.nt Hnrv ; , I Oregon-Colorado M. M. & D...,..24L " 25N 1 Riverside .... av$J 4' -J3 Bumpier uon30!iaau4 f....3v4T 4 SALES. Shares. Trice, Caribou .... Copperopolla lsooo : 2 .i-lOJOOO- 15 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 so 05 Best & Belcher leiOphtr 82 Challenge Con ... CKollar , Confidence latOverman 5 7 Potest 7 75Savage 10 1 75iSterra Nevada ... 18 5iSllvorHm 30 lljStandard 3 00 17lCnl0n'Con in HUtah Con 2 . 2XYellow Jaiket .... 15 I Con. Cal. & Va... Crown Point .... Gould & Curry... Hale & Norcross. Justice Mexican ;... 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 the creek. 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 the voyage. 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 the Columbia. 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 lots 246,560 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 night. 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 All Good 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 cept it. NORTHWEST DEAD. 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 services. 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: Brevities. 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 Tillamook Bay. 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. MISS ZELMRAWLSTON The Most Sncccssfnl Male Imperson ator on the American Stasc Cnres Her CosR-h and Keeps Her Throat and Voice in Perfect Condition With SYRUP 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 coughs. 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 consumption. 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. i