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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 5, 1901)
. K1- V- ,? - Tlarr p"T " re- " " "" ,,JV is ' ' ,.'vvrj,f --. -; "' THE MORNING OREGONIAN, TUESDAY, NOVEMBER 5, 1901. TWO DECISIONS .GIVEN ONE APPEAL OTHER REVERSED, AFFIRMED. THE Claim, for Damages for Pergonal In juries Disallowed Dispute brer Cow Adjudicated. SALEM, Or., Nov. 4. The Supreme Court today handed down, two decisions, as follows: Stephen Shobert, respondent, vs. Levi May et al., appellants; appeal from Mult nomah County. A. L. Frazer, Judge. Opinion by Justice Moore. Reversed. This is an action to recover damages for a personal injury, alleged to have been caused by the defendants negligence. The plaintiff's testimony is to the effect that March 14, 1899, at about 5 o'clock P. M., he entered the defendants' store at Port land to purchase some hinges. He was Informed by a clerk that the desired ar ticles might be found in the second story, and was directed to a stairway leading thereto. He proceeded in that direc tion. The day was cloudy, and since he had no warning of danger, hewalked Into an elevator wel land fell to the cellar, breaking his leg, so that he became per manently crippled. An employe of the defendants, as their witness, testified that the side of the ele vator well Into which plaintiff walked has a post at each corner between which a wooden bar, one by six Inches, about three feet from the floor. Is usually ex tended, but at the time of the Injury, which was about 3 o'clock, one end of the bar was left resting on the floor. The trial having resulted in a Judgment for the plaintiff in the sum of $1500, the de fendants appealed. The opinion of Justice Moore says in part: "The court Instructed the Jury as a matter of law that under the facts ad mitted the defendants were guilty of negligence. An exception to this part of the charge has been reserved. It Is contended by defendants' counsel that the court erred In taking from the Jury the consideration of the question of alleged negligence. Plaintiff's counsel maintains that from the facts admitted the defend ants' negligence is conclusively inferrable therefrom, and this being so, it was the duty of the court, as a matter of law, so to instruct the Jury. "The plaintiff denied that any bar ob structed the passageway to the elevator, but the defendant having offered testi mony to that effect, It must be consid ered for the purpose of determining the consequences of the instruction com plained of. "The bar placed at the entrance of the elevator would undoubtedly have been sufficient to prevent the defendants' cus tomers from falling into the well, if it bad extended from one post to the other, and the failure to keep It In position s not a total disregard of the duty imposed upon the defendants by the demands of the business in which they were en gaged, for the bar being at one end, evi dences some degree of care. "If it be assumed that, to facilitate bu6l. ness. the bar had been entirely removed at the time plaintiff was injured, as he maintains it was, the question of negli gence should. In our Judgment, have been submitted to the Jury, to determine whether, from a consideration of all the circumstances, the defendants have exer cised that degree of care and forethought which the law requires "The fact of negligence Is very seldom established by such direct and positive evidence that it can be taken from the, consideration of the Jury and pronounced upon as a matter of law. "Other exceptions were taken and al lowed, but the matters excepted to, if prejudicial error was thereby committed, can probably be avoided at a retrial of the cause. For the error In giving. the instruction complained of the Judgment is reversed and a new trial ordered." Francis Feller, respondent, vs. Argle L. Feller, appellant; appeal from Marlon County. R. P. Boise, Judge. Opinion by Justice Wolverton. Affirmed. The defendant Instituted an action In the Justice Court In Woodburn district. Marlon County, against the plaintiff, and W. F. Feller and H. Bock, alleging that she was the owner and entitled to the immediate possession of "one cow," Hol steln breed, black In color, with black spots, named "Blackey," of the value of ?45. and that the defendants unlawfully took and detained said cow from her pos session. A trial (was had In the Justice's Court and resulted In a verdict that the plain tiff, Argle I Feller. Is entitled to the immediate possession of "one cow." . . as described In the complaint; and also entitled o damages In the sum of $42. X'pon this verdict a judgment was ren dered November 21, 1839, from which ap peal to the Circuit Court was attempted. January 15, 1900, Francis Feller, as plain tiff, filed a petition in the Circuit Court for a writ of review, whereupon Argle L. Feller, as defendant In this proceeding, filed a motion to dismiss the writ .of re view, for the reason that an appeal had been taken in the same cause and was then pending in the Circuit Court. But as It had been made to appear that the transcript which had been given to ap pellant had not been filed in the Circuit Court, the motion was denied. th Judg ment pf the Justice's Court reversed and the cause remanded for such further proceedings as might be deemed proper In the premises. From this judgment the defendant In the writ appeals. The opinion by Justice Wolverton says in part: "Two questions are Involved1 In the con troversy: (1) Whether a review will He to bring upon the record of a Justice's Court after an appeal has been regularly taken, the proceedings of which havo been stayed, and a transcript certified end delivered to the appellant: but not filed In the Circuit Court: and (2) was the verdict of the Jury sufficient upon which to base the Judgment rendered?" After citing the statute governing ap peals and reviews, the opinion says: "It Is dear, from the statute cited, that the Circuit Court does not obtain Juris diction by appeal except upon the filing of the transcript. When that is don, the appeal is deemed perfected and pend ing for trial, as if originally commenced therein, and as such court Is, thenceforth, clothed with jurisdiction in the prem ises "As respects the other question . . . the defect was considered to be one of substance vital to a recovery, and the verdict "was, therefore, rendered insuffi cient to support a judgment that the plaintiff was such owner and entitled to possession. "It follows that the Judgment bf the court below should be affirmed and It Is so ordered." The Suptetne Court today made orders as follows: That .G. W. Bennett be permanently ad mitted ,to practice as an attorney in all the courts of Oregon, on motion of J. E. Bronaugh. In the case of Martha I. Walling, appel lant, vs. William Weaver, respondent, ordered that respondent have leave to file an affidavit of T. B. Handley In answer to affidavit by appellant. Argued and submitted on motion to dismiss, and on appeal to amerfd record. EVIDENCES OF SUIGIDE. Body of a Man Found Dead In a Se- clndcd Place. HOOJD RIVER, Or.. Nov. 4. The body of John Rourke was found this afternoon on-half a mile below town. In a secluded - place He had been shot behind the ear. A revolver was by .his side, and the evi dences were of suicide. He was a dis sipated man, and had been drinking con siderably lately, and had said that he and the' world would be better off If he were dead. He was a man 61 years old. He had been here but a short time, and it Is said came here from Montana. One thing that might point to foul play Is the fact that he was about to come into pos session of about $11,000 through inherit ance. It is reported that he is of good family. He seemed to be a man of con siderable natural refinement. The Coro ner's inquest may develop something more tomorrow. TEACHERS WILL MEET. Programme Arranged for Annual Convention at Pendleton" SALEM, Or., Nov. 4.AJ. H. Ackerman, Superintendent of Public instruction, to day Issued the programme for the third annual convention of the eastern divis ion, Oregon State Teachers' Association, which will meet at Pendleton, November 26 and 27. Many prominent educators will bo present to lecture. The programme is as follows: Monday, November 26. MORNING-0 O'CLOCK. Organization. "Pedagogy," S. T. Glllon. "Pictures and Their Use in the School room," Annie E. Knox. AFTERNOON 1:30 O'CLOCK. "Children's Reading," J. A. Beattle. "Geography," A. S. Glllon. "Distribution of the Subject-Matter of the High School Text-Books Among the School Grades," J. A. Churchill. During the day sessions it Is desired that there be just as free and extended discus sion as time will permit. EVENING 7:S0 O'CLOCK. Music Address of Welcome, F. L. Forbes. Response, E. E. Bragg. President's address, E. B. Conklln. Lecture, Silas Y. Glllon. Music. Tuesday, November 20. MORNJNG-0 O'CLOCK. Reading, S. Y. Glllon. "Declamations," H. J. Hockenburg. "Phonics," Frank Rigler. AFTERNOON 1:30 O'CLOCK. Illustrative drawing, Annie E. Knox. "Essence of Things' D. V. S. Reld. "The Power of the Speaker of the House of Representatives," W. C. Hawley. "Pedagogy," S. Y. Glllon. EVENING 7:30 O'CLOCK. Piano solo. Miss Ethel Beattle. Reading, Miss Catherine La Barr. Lecture, Dr. Woods Hutchinson. Vocal solo. Miss Lois Peebles. Wednesday, November 2T. MORNING 9 O'CLOCK. "Geography," S. Y. Glllon. "College Requirements," Frank Strong. "Phonics," Frank Rlglcr. AFTERNOON-1:30 O'CLOCK. "Fads," Fannie Wilson. "Educattpn as Affected by Varying Phases of Philosophical Thought," P. L. Campbell. "Nature Work," A. B. Cordley. Closing address, S. Y. Glllon. EVENING 7:30' O'CLOCK. Lecture, Rev. Mr. Mason. BOY'S NARROW ESCAPE. Pulled a Loaded Shotgun Toward Him, With Usual Result. WESTON. Or.. Nov. M. Jesse Ferguson, the 14-year-old son of Charles Ferguson, of Weston Mountain, eight miles east of this city, was saved from death last Saturday afternoon by an old-fashioned shotpouch In his hip pocket. He and his father were going home from Smith's mill, with a wagon-load of lumber, and behind the boy, on top of the load, was a double-barreled" shotgun. Tho boy en deavored to draw tho gun toward htm, muzzle first, and the contents of both bar rels were discharged into his body at the hips, at a distance of 12 inches. The physician says that the pouch full of shot alone saved the boy's life. The fleshy part cf the youth's right hip was fright fully lacerated, and also badly burned by the powder. Mrs. George W. Proebstel, wife of Sen ator Proebstel. has been conveyed to the hospital at Walla Walla for treatment. She Is in a serious condition, from a sec ond stroke of paralysis. The first oc curred about eight months ago. CLOTHES TOOK FIRE. Girl Was Near a Stove Circuit Court Opened. EUGENE, Or., Nov. 4. Yesterday, while Miss Nellie Day was standing by the stove at her home. In this city, her clothes took fire, and before tho flames could be extinguished she was terribly burned, it is thought she will recover. This morning, while Joe Wills and his brother were falling a tree at their home, near Eugene, Joe rested his hand against the tree Just as his brother was striking, with the result that his hand was nearly cut off by the ax. Postofllce Inspector Ball is here, arrang ing for tho establishment of a free mail dellvory. The month's clean-up at the Lucky Boy mine, in the Blue River district, was brought down yesterday, and amounts to $10,000. The regular term of Circuit Court com menced this morning. There is a light docket. MONEY FOR INDIANS. Payment Han Began at Siletx Reser vation. NEWPORT, Or., Nov. 4. Payment of funds by the Government to Slletz In dians began this morning at .the agency. The money was appropriated by the last Congress. The sum is 585,000, and the per capita share of the Indians is 5196 46. Estates of deceased Indians will be taken up last. Settlement of a large number are withheld on account of irregular ad- I ministration, rayraeni is maae Dy cnecK by Special Indian Agent C. W. Manches ter, of Cleveland, O. Oregon Mining: Stock Exchange. Yesterday's quotations on the Oregon Mining Stock Exchange were: Bid. Adams Mountain 2& Astoria-Melbourne (guaranteed) ...12 Buffalo 2W Copperopoll 14 (.oampion ........................ .zo4 Caribou 1 Gold Hill & Bohemia 8' Huronlan ci Lost Horse 2 Oregon-Colorado M. M. &D 241 Riverside a4 Sumpter Consolidated 3 oajes were as loiiows: Copperopolls. 1945 shares at ...15 Huronlan. 2000 shares at 6 Oregon-Colorado, 500 shares at 25 BPOKANB, Nov. 4. The closing Quotations of mining etocks today -were: Bid. Ask. I Bid. Ask. 0W 10 Morn. Glory... 2 2 8 -OHIMorrlson 24 I 49Vi o 6 10 13?i ltj T- -r....i ' XIIU. .uuuu . . Ramb. Car ...48 Republic 3 Reservation .. 5 Sullivan OK Tom Thumb ..13 SAN FRANCISCO, Nov. 4. Official closing quotations of mining stocks: Alta $0 01 Justice to ni Andes 3 Mexican 17 Belcher Best & Belcher... Bullion Caledonia Challenge Con ... Chollar Confidence ...... Con. Cal. & Va... Crown Point .... Gould & Curry... Hale & Norcrofls. Occidental Con ... 4 13 lOphlr 7B Overman K Potosl c Savage 7 Sierra Nevada ... 13 75fMvcr Hill 28 1 65 4! 12 20; Standard 3 80 union Con ....... 12 UtAh Con 2 yellow Jacket .... 15 ' NEW YORK. Nov. 4. Mining stocks today closed as follows: Adams Con Alice $0 l8Llttle Chief .-so 1 40 Ontario 10 00 75 0 0 6 8 Breece 1 00 Ophlr .. Brunswick Con .. 10 Comstock Tunnel. G Con. Cal. & Va... 1 65 Fhoenix Potosl . Savage Deadwood Terra.. 50 Sierra Nevada Hom Silver 1 80 Iron Silver 60 Bmall Hopes 40 Standard 3 50 Leadvllle Ccn ... 5 BOSTON, Nov. 4. Closing Quotations: Adventure S 22 75 Osceola $ 08 00 Allouez :...., 4 J SO 37 41 50 27 00 600 00 16 50 -59 50 Parrott 37 00 Amalgamated . Baltic Bingham ...... Cal. & Hecla... Centennial Copper Range.. Qulncy 157 00 Santa Fe Cod.. 4 12 Tamarack Trlmountaln .... 283 00 40 00 25 00 12 00 23 00 7 00 2 00 57 50 Trinity United States .. Dominion coal. 48.25 Utah Franklin 16 OOi Victoria Mohawk" 41 BOI Winona ... Old Dominion .. 20 OOjWolverlnes Asked. 4 24 4 20 4KV 2W k 10 41 v Amer. Boy ., Blacktall ... rpvai nif " Deer Trail .. 2 2k Gold Ledge .. 1U 1 L. P. Surp.... 4 G L. Dreyfus ..3 6 Mtn. Lion ...22 26 HOT FIRE UNDER GROUND COAIP lOR GAS BELIEVED, TO BE . BURNING. .rtJh" Sulphurous Gases Emanate" From Crevice in Rocks Coal Deposits Near By. ,STEVENSON, Wash., Nov. 4. The res idents of this place were thrown into great excitement this morning when J. T. Tatton and W. Udtll reported that they had discovered a coal deposit on fire within a quarter of a mile of the towji. The greater part of the population turned out to see what was the matter. A sub terranean Are is burning In a crevice in the rocks with a sulphurous smell. So hot is the flre that it was difficult to' make any headway at excavation. It is a wonder to the people here and Is t . ... r'lUNtfctt Uf OUUintttJN jUntVaUIN. BW p llwHi! 11 I .,"' ' j ntirlti tat HENRY KLIPPBL. MEDFORD, Or., Nov. 4. Henry Klippel died Saturday, at the ago of 67 yearn. He was the- oldest member of the Southern Oregon Pioneer Society. His birth place was Wlckenheim, Germany. In 1837 ho came with his parents to America, and tho family settled at Cincinnati, O., where his father died. The family then moved to St. Joseph, Mo. Mr. Klippel crossed the plains with ox team in 1851. He arrived at Foster's, on the Clackamas River, In August of the Bame year. In 1860 he married Miss Ellrabeth A. Bighorn. vSho and five sOns-j-John, of Portland; Lanas, of Summer. Lake, Or.; Fred, of Denver; Henry, of Alaska, and Allie. of Mcdford survive him. Mr. Klippel was one of the most active and prominent citizens of Southern Oregon. He was part owner of tho Gold Hill mine, and was interested In tho flrst auartz mill in the state. He was tho first Recorder of Jacksonville, and afterward president of the Board of Trustees. He was elected Sheriff of Jackson County, In 1870, and two years later was appointed to the commission which built the Capitol at Salom. In 1874 Mr. Klippel was made Capitol Commissioner. The came year h was chairman of the Democratic State Central Committee. In 1876 he was nominated as a Tilden Elector. Ho and a company dug- a water ditch from Squaw Lake to Applegato in 1877, where mines were operated under his direction. He became County Clerk in 18S0, and was re-elected two years later. Funeral services will be held tomorrow. Burial will be in Jacksonville cem etery, under the auspices of Jacksonville Lodge, No. 10, I. O. O. F." thought to be coal or gas on fire. In the near vicinity of the flre are small veins of coal running back from the Columbia River. Some years- ago a coal prospector sunk a shaft some 50 feet, but abandoned it. Recently coal prospectors were op erating In the neighborhood and declared there were excellent indication of coal and gas. They bonded much of the prop erty in the Immediate neighborhood. CIRCUIT COURT OPENS. Number of Important Cases to Be Decided. OREGON CITY, Nov. 4. The regular Fall ierm of the Circuit Court was be gun today by Judge McBrlde, with 229 cases on the docket. The following grand Jury -was named: "Matthew Athey, foreman, Tualatin: George C. Perdue. Needy; John Hatton, Stone; Charles Daugtierty, Molalla; James Gurtfidge, Bptingwater; S. S. Mohler, Oregon City; W. P. Shlrely, West Oregon City. This is the first grand jury appointed In Clackamas County since the April term, 1899. Judge McBrlde says he will appoint a grand Jury not oftener than every two years unless an extraordinary occasion arises. Tho result of the deliberations today "was the finding of a true bill against P. E. Polk, who Is accused df robbing a nlckel-ln-the-slot machine In a saloon last August. He has been In Jail since tho crime. The only other prisoner in the County Jail at present is a man against whom there is a charge of sod omy. Several important cases are to appear, and among them is the case of the Portland City & Oregon Railway Company against Oregon City, to test the validity of a franchise to run freight cars through Main street in Oregon City. The famous Canemah crossing case will also come up at this term of court. ASYLUM STATISTICS. Monthly Report Filed by tbe Super intendent. SALEM, Or., Nov. 4. J. F. Calbreath, superintendent of the Oregon State Hos pital for the Insane, today filed his re port In the Governor's office for the month of October: Males. Females. Total. No. of natlents during September 30, 1901 833 356 1209 Received In October.... 16 7 23 Returned escapes 1 .. 1 Under care and treat ment 970 363, 1233 Discharged, recovered... 3 3 6 Dlscnarged, much Im proved 4 4 Discharged, not Im- froved 4 .. 4 od 9 5 14 Eloped 3 .. 3 Discharged, died and eloped 21 13 24 No. remaining Octo ber, 31, 1901 849 3S0 1199 The report of the persons, officers, em ployes and patients fed and lodged in he asylum Is as follows: No. officers and employes 138 Average number of patients, daily. .. .1304 Total ." 1342 The expense of various departments is $6385 90 for the month. ' CELEBRATION OF WOODMEN. Chief Consul and Other Prominent Officers Honored. WALLA WALLA, Nov. 4. Today the local camp of Modern Woodmen of Amer ica, assisted by large delegations of mem bers of the order from Dayton, Waltsburg and Intermediate towns, did honor to Chief Consul W. A. Northcott, of Rock Island, III., the head of the order. Other superior officers were also honored. About 300 neighbors wearing red, white and green ribbons, the colors of the order, marched through the principal streets to the music of a band. There were two fine floats, one representing a woodland scene, the other the Royal Neighbors, drawn by four horses each. Tho chief officers were In carriages decorated with the colors of tho -order. Armory Hall was crowded. The Rev. Lee A. Johnson presided. Speeches were made by C. W. Hawes, of Rock Island, head clerk; Dr. F. C. Miller, of Tacoma; Governor W. A. Northcott, of Illinois; Mrs. C. W. Hawes, of the Royal Neighbors, and C. D. Elliott, of Seattle. A supper was served, and In the evening a dance closed tho day's proceedings. TRIAL DRAGS ON. Van Arsdnle the Principal Witness In Noyes Contempt Cane. SAN FRANCISCO, Nov. 4. Major Van Arsdale, who was in command of the troops at Nome, wad the chief witness In the contempt proceedings before Com missioner Heacock today on behalf of Jiidge Noyes. He told of the meeting at which he presided after the arrival of the writs at Nome. He said general feeling ex- 9 . pressed by some of -the attorneys was that McKenzIe should hold on to the gold dust until the matter could be re ferred to tho Clrctilt Court of Appeals again. Under cross-examination by Mr. Plllsbury Major Van Arsdale denied that Attorney Kenneth Jackson or -anyone had applied to him for military assistance in enforcing tho writs. He also said that Captain French was mistaken when he testified that he (French) complained regarding an executive order issued by Judge Noyes. Upon having his memory refreshed. Major Van Arsdale admitted that some people did call on him to discuss the matter of the enforcement of the writs. The witness said that Judge Noyes had told him that the writs took the matter out of the hands of his court, and that ho did not know what McKenzIe was go ing to do. If he was consulted, however, he should advise that McKenzio obey tho order. Ho understood that In July an ap plication had been made by Captain Bethel for a military guard to place a receiver in possession of some claim, but did not know whether or not It had been furnished. After the writs arrived, how ever, he had furnished McKenzIe a de tail of men to guard disputed gold dust which the deposed receiver wished to take from one of the claimants to the safe de posit vaults. He could see nothing In that except a peace measure, and had not In tended to furnish McKenzIe assistance to recover the dust from the sluice boxes. At this point the case went over until tomor row. Project for a Snwmlll. ASTORIA, Nov. 4. At a special meet ing of the Chamber of Commerce this evening, a proposition was submitted by. F. D. Butzer, formerly superintendent of the Clatsop Mill, to establish a sawmill and sash and door factory here, provided a site and building are provided. A committee was appointed to Investigate the matter. Rnn of Flsn Diminished. ASTORIA, Or., Nov. 4. The run of fish In the river has decreased considerably in the past few days, and there is very little gear now In the water. This morn ing S. Schmidt & Co.. shipped 96 boxes of fresh fish to San Francisco, to be sold In the fresh fish markets there. The ship ment consisted of sllversldes and steel heads. Cnll for Primaries. ASTORIA. Or., Nov. 4. Tho Republican city central committee met this evening and issued a call for primaries to be held November-14, and for a convention to be held November 2L A ticket will be named for city election to take place December 11. Circuit Court in Marlon. SALEM, Or., Nov. 4. Judge R. P. Boise has convened department No. 2, of the Cir cuit Court. The day was spent In hear ing motions, making orders, setting cases to be heard and cleaning up the docket. Work at Capitol. SALEM, Or., Nov. 4. Knox & Murphy, plumbers, of this city, today began to build new lavatories In the Capitol build ing. The work will cost $4000, and Is to be done in marble and slate. Received at Asylum. SALEM, Nov. 4. William Emery, aged about 35 years, was today received at the Asylum from Linn County. ONCE A WEEK. Personally Conducted Excnrsionn. Via Rio Grande lines, either vlaHunt lngton or Sacramento, to all points East. Through sleeper to Chicago, etc. Magnifi cent scenery. Call for lowest rates, etc, at Rio Grande office. No. 124 Third street. BETTER LAWS NEEDED PROPERTY RIGHTS SHOULD MORE SECURE. BE French Consul at Nome Will Dis courage Investments Until This Ik Done. SEATTLE, Nov. 4. In his report to tho French Government on Alaska, A. Schneider, the French Consul at Nome, will discquragc Investments by the cap italists of that county In the North un til better laws have been passed by Con gress for the protection of vested Inter ests there. At the same time he will re port that Nome and the adjacent districts are wonderfully rich In gold, and that to the man with means they afford a good opportunity for mining ventures. Tho Consul arrived here recently on one of the last boats from Nome and left last night for Paris to report to his government. "The capitalist," he said before his departure, "could hardly find a better place to invest, but Alaska needs better laws for the protection of Invest ments." ANOTHER GOLD STRIKE. Priced of Claims Jumped From ?100 to 95000 in a Few Days. VANCOUVER, B. C, Nov. 4. News of a new Klondike strike was brought here this afternoon, by the steamer Amur. The new find Is on Conglomerate Creek, a tributary of Montana Creek. The prl.ces of claims Jumped from $100 to 53000 In a few days, and undaunted by the nearness of Winter, October 28 a party of 11 set out for the Conglomerate on a prospecting tour. Tho Amur had a very rough trip coming south, and had several narrow escapes from being run down by Icebergs. News by tho Amur today tells of tho highest tides of the year at Skagway. "Water from Lynn Canal flooded the lower streets of the town and caused consider able damage In cellars and warehouses. BROKEN PLACE FOUND. Jnneaa-Skngwny Cable Will Need a. One-Mile Splice. SEATTLE, Nov. 4. Tho break In the Juneau-Skagway cable has been located oft Bridge's Point, near Memer's Bay, Lynn Canal. Those In charge of the re pair wrork think it will require a splice nearly a mile long. It Is supposed that the -cable was laid across a reef, and that the sag In the lino in the deep water on each side stretched It across tho rocks too tight, tho Insulation, consequently chafing off. Winter I Nenr. PORT TOWNSEND, Nov. 4. - Te steamer Dolphin arrived this morning, bringing 130 passengers, most of whom were from Dawson and were the last to come up the river before navigation closed. The passengers report that Daw son has practically gone into Winter quar ters, and active preparations have been made for "Winter. The party arriving this morning report that, on their way up considerable slush ice was encountered, and the steamer had much difficulty In forcing Its way through. The steamer Nora started rom "White Horse October 28 with a full cargo of freight for Dawson. Her old officers and crew refused to start in her, and a picked up crew was secured. The old crew was afraid the steamer would be caught In the lco before Dawson could be reached. ORGANIZATION COMPLETED. Commercial Clnb Adopts Constitu tion and By-Lavr. SALEM, Or., Nov. 4. The new Greater Salem Commercial Club met In this city tonight for the purpose of completing Its organization. It adopted a constitution and by-laws. The constitution vests near ly all the power of the "club In an execu tive committee. The salary of the secretary Is $23 a month and the membership fee Is $3. All persons, male and female, residing In the 10 Salem precincts, are eligible to mem bership. Much enthusiasm was manifest and the club will start at once to bring Salem to the front as a business center. The club ratified the Invitation of the ex ecutive committee in inviting the Oregon Farmers' Congress to hold Its meeting in Salem. A letter was read from the sec retary of the Farmers Congress saying that the congress would accept the Invi tation and would hold Its meeting here from January 6 to 9. 1902. A WILD DEER. Wan Grnrlnp on Campus of McMinn vllle College It Escaped. MMINNVILLE. Or., Nov. 4. A live deer appeared on the college campus this morn ing. When tho students began to assem ble for class work the animal, which was about a 3-year-old doe, was complacently browsing on the lawn between tho main building and the athletic field. About 25 boys undertook to surround the deer, thinking they could capture it with a lasso, but the agile creature easily cleared the eight-foot board fence which encircles tho athletic field, and made for the mountains, about 10 miles distant. Although the mountains near McMlnn vllle are well stocked with deer, it Is de cidedly unusual for one to appear In the heart of civilization. It was presumably run out of the hills by hounds. MINISTER MEANS BUSINESS. Says He Can Close Every Gambllng Honse In the City. VANCOUVER, B. C, Nov. 4. The Rev. E. D. MacLaren, D. D., pastor of St. Andrew's Presbyterian Church, has agreed to close up every gambling-house in the city within 24 hours if the City Council will appoint him Deputy Chief of Police and permit him to select his own officers, all to servo without pay. NORTHWEST DEAD. The Rev. W. B. Lee. ALBANY. Or., Nov. 4. The Rev. W. B. Lee, D. D , died at Spokane last evening. He will be burled et RIvervlew ceme tery, Portland, tomorrow afternoon. Ho was .born at Madison, Conn., August 30, 1828. He graduated from Yalo In 1S43 In the class with ex-Presldent Dwlght, and from the East Windsor Seminary In 1833. He was married In 1S54. He preached at Falrhaven, Conn., Brooklyn, N. Y., Port land, Conn., Yaphankr L. I., and Olympia, Wash. He lived at Portland, Or., for some time. His wife, six sons and one daughter survive him. His sons are E. Trumbull, George and Lewis E. Lee., of Cincinnati. O.; William A. Lee, of Portland, Or.; Herbert Lee. of the Rd Boy mines, near Sumpter, and President Lee, of Albany College. His daughter la Mrs. William Fleming, of Spokane. Mrs. Laura E. Johnson. VANCOUVER, Wash., Nov. 4. Mrs. Laura E. Johnson, wife of George F. Johnson, a well-known resident of this city, died at the family home In the northern limits of the city last night. Although Mrs. Johnson had been In poor health for a number of days, her condi tion was not considered serious. Her death resulted from heart failure. De ceased came here with her husband from Iowa about 12 years ago. She was 53 years of age. There are no children. The funeral will be held Wednesday. Monuments for Dead Soldiers. MEDFORD, Or., Nov. 4.The Chester A. Arthur post, G. A. R., will erect mon uments over the graves of departed com rades at the Odd Fellows' cemetery here. These monuments are given to G. A. R. posts by the United States Government. These are the first monuments received i&- &m&P&WDE Makes delicious hot biscuit, rolls, crusts, griddle cakes and muffins A cream of tartar powder, absolutely pure. ROYAL BAKING POWDER CO., NEW YORK. here. Monuments were also received for the graves of soldiers buried at Jackson ville, Or. Mrs. Etta Nora Campbell. DALLAS, Or., Nov. 4. Mrs. Etta Nora Campbell died at her home at Dallas Saturday. She was the daughter of Mr. and Mrs. T. B. Hill, of this place. She was born at "Warsaw, III., September 9. 1S6G, and came to Oregon with her par ents in 1889. Sho was married to H. G. Campbell, In Dallas, May 31, 1893. A husband and two young children Burvlve her. Tho funeral will be from the Chris tian Church tomorrow at 1:30 P. M. Burial will take place In the I. O. O. F. cemetery. Salmon Cannery Consolidation. ASTORIA, Or., Nov. 4. Articles of In corporation of the Sanborn-Cuttlng Com pany were filed In the County Clerk's of flco here today. The Incorporators are: George "W. Sanborn, R. F. "Wilson and G. C. Fulton, and tho capital stock Is $300,000, divided Into 300 shares of $1000 each. The principal office of the company Is to be at Astoria, and the object of the company Is to engage In catching and packing fish on tho Columbia River and Puget Sound, and In Alaska or British Columbia. In speaking of the organization of the 'company, Mr. Sanborn said It la the con solidation of his cannery and that of the Cutting Packing Company. A new can nery equal In capacity to any on the rlveV will be erected on the water front now owned by the latter company. The new cannery will bo ready for use by the open ing of the next fishing season. A meet ing will be held In a few days to complete organization. Mr. Sanborn will be elected president and general manager, and Mr. Francis Cutting, of San Francisco, vice- president. As to whether the company will engage In the cold-storage business or conduct canneries In Alaska, Mr. Sanborn said that nothing had yet been decided upon. Overdose of Strychnine. "WALLA WALLA, Nov. 4. News was received here at an early hour this morn ing of the death by strychnine poisoning of Mrs. Alexander Drysdalo on her hus band's ranch near Prescott. Mrs. Drys dale, who had been living with her little son In this city, went out to the ranch about ten days ago, to stay a few days, leaving the little boy with his grand mother. She was not well when she le't here. Sho had been In the habit of tak ing strychnine for heart trouble, and evidently took an overdoso, which result ed fatally, despite the efforts of her hus band and others to save her. Mrs. Drys dale was a daughter of the late Henry B. Day, of Columbia County, and was born February 12, 1874. Feud in Chinatown. SAN FRANCISCO, Nov. 4. Lcong Kee, the 18-year-old wife of Chlng Kee, a prominent Chinese merchant, was stabbed by masked highbinders late last night, as she was entering her home upon her return from a social call on the wife of Chinese Minister Wu Ting Fang and the family of Consul-General Ho Yow, at the Consulate. This is the flrst blood shed directly attributable to a long-standing feud between the Wong and Chin families, and fear Is openly expressed In Chinatown that many lives may be Lsacrlflced before It Is settled. Mrs. Kee, who belongs to the Wong fam ily, though severely wounded, will re cover; The would-be assassin escaped. Meeting: of Hopgrovrerx, SALEM, Nov. 4. The Oregon Hopgrow ers' Association has been called for a spe cial meeting to be held in this city next Wednesday at 11 A. M., to complete ar rangements to ship a large pool of Ore gon hops to London, through M. H. Durst. It Is proposed at that meeting to elect a grower who will accompany Mr. Durst to London, and there repreeent the owners of the hops when the sales are made. A standing committee of five will also be; elected at this meeting to take charge of all business In connection with this ship ment, which will consist of about 10,000 bales of choice Oregon hops. Fish Commission "Will Meet. ASTORIA, Or., Nov. 4. Master Fish Warden H. G. Van Dusen left this even ing for Salem to attend the monthly meet ing of the State Fish Commission. After the session Is over he will visit the hatch- SARAH BERNHARDT Known Throughout the World, Pays Tribute to Duffy's Pure Malt Whiskey. I take great pleasure In assuring you that I find that your Pure Malt Whiskey Is a most admirable recuperative when tne least bit fatigued. I know of nothing so perfect nor so pure. (Signed,) SARAH BERNHARDT. Thousands of prominent men and women who are under a constant strain mentally and physically, like Mme. Bernhardt, have been kept well and strong by Duffj's Pure Malt Whiskey, which keeps the old young and vigorous. DUFFY'S PURE MALT WHISKEY Has carried the hlessinir of health tn more homes during the past fifty years than 4 an otner medicines comDinea. it cures consumption, nervousness and Indigestion: stimulates the blood, tones up the heart, and is a boon to women during their periods; it allays all pain and cures the disease commonly known vamong women as female weakness. It has saved many young girls' lives at the critical period changing from girlhood to womanhood. Duny's Pure Malt Whiskey is absolutely pure it contains no fusel oil. All drug gists and grocers. $1 a bottle. Beware of cheap substitutes, put up by unreliable dealers, in bottles that look Hko "Duffy's." Whenever you lace a dealer's name on bogus good3. bewarc-of that dealer; he would not hesitate to sell you Impure drugs, as he Is wholly dishonest. Medical booklet sent free to any one who writes, Duffy Malt Whiskey Co.. Rochester, N. Y. erles on the Umpqua and make a trip to the McKenzIe River to examine the hatch ery sites located by the field superintend ents. Later he will visit the hatcheries In Eastern Oregon. Surveying Party Returned. OREGON CITY. Nov. 4. A surveying party, composed of Don Meldrum. Charles Meyers, Malcom McCown and John How land, of Oregon City; Ralph Dlmlck. of Hubbard: Fred Selvers, of Sandy, and Matt Ryckman, of Clackamas, have re turned from a four and one-half months' trip In Eastern Oregon. They left Ore gon City June 19 and went by steamer from Portland to The Dalles, thence through Prlnevllle, Paisley and Lakei'Jcw, which was their base of supplies and op erations. Under the direction of Mr. Mel drum. who Is a son of the Surveyor-General of Oregon, they surveyed ten and one half townships In Lake and Harney Coun ties. They retraced 18 miles of line be fore they started fairly to work. They operated SO miles east of Lakevlew. Committed to the Asylum. . ST.HELENS, Or., Nov. 4. William Mc Gregor, a Scotchman, about 45 years of age, wa3 committed to the Insane asylum today, and was taken to Salem by the Shorlff this afternoon. McGregor has a wife and two children, and owns about eight acres of land back of Goble. He was a hard-working, Industrious man. His malady Is softening of the brain. ChnrKed "With Embezzlement. SEATTLE, Nov. 4. Kit C. Dodson. an Eastern Washington school teacher, was arrested today charged with embezzling about $100 while postmaster at Flsk, Mo., He was apprehended on a warrant sworn out by the United States Attorney's office here. He will be held at Walla Walla un til the Missouri officers arrive to identify him. The alleged crime was committed In February, 1900. Dr. Snnford'n Liver InvlRorntor. The best liver medicine. A vegetable cure for liver UN., blllomns Indlewitlor. constipation THE OFFSPRING Scrofula is but a modified form of Blood Poison and Consumption. The parent who is tainte'd by cither will see an the child the same disease manifesting itself in the form of swollen glands of the neck and throat, catarrh. weak( eyes, offensive sores ii and abscesses and of tentimes vhite swell- 1tirr crvk oirrnfl ff Scrofula. There mzyCCryr VJf beno external sipns for 7 V& . J a a long time, for the disease develops slowly in some cases, but the poison is in the blood and will breakout at the first favor able opportunity. S. S. S. cure3 this wast ing, destructive disease by first purifying and building up the blcod and stimulating and invigorating the whole system. J. M. Seals, 1 15 Public Square. Nashville.Tenn., sa3' : "Ten years ago my daughter fell and cut her forehead. From this vround the glands on the side of her face became swollen and bursted. Some of the best doctors here aaa elsewhere attended her without any benefit. Wc decided to try S. S. S., and a few bottles cured her en tirely." makes new and pure blood to nourish and strengthen the body, and is a positive and safe cure for Scrofula. It overcomes all forms of blood poison, whether inherited or acquired, and no remedy so thoroughly and effectively cleanses the blood. If you have any blood trouble, or your child has inherited some blood taint, take S. S. S. and get the blood in good condition and prevent the disease doing further damage. Send for our free book and write our physicians about your case. We pake no charge whatever tor medical advice. THE SWIFT SPECIFIC CO- ATLANTA. GA. CHINESE MEDICIXE OFFICE. Dr. Lee Po Tei 212 Fourth St. Corner Salmon Orefion Phone CIny 173. Office Hours: 8 A. M. to 10 A. M. 11 A. M. to 9 P. 51- PORTLAND, OREGON. WALLA WALLA, Wash.. Sept. 13, IDOL Dr Lee Po Tel Dear Sir: Please ac cept' my heartfelt thanks for the benefit I received from your treatment, and to all who are afflicted I wish to say that you are a physician of the highest type, as I nave been treated by the most emi nent doctors In the States of Washington. Oregon and California, but all failed, and ou cured me In two weeks. 1 worked last week, the first work I have done In two yours. With many thanks. I remain, yours truly. JOHN LYNCH. DISORDERS OF L By far the greater number of patlent3 seeking relief for so called weakness are strong, robust men n evry other respect. Loss of vitality, Erematureness, etc., are not weaknesses, ut the symptoms of inflammatory pro cesses In the Prostate Gland (so-called neck of bladder), caused by contracted disorders and too often repeated and too long continued excitement. Under our .ocal plan of treatment, directed toward reducing the enlarged and swollen Pros tate, Immediate results, as Indicated by Increased circulation and renewed strength, are observed. Our colored chart of the organs, which we send free on ap plication, is interesting to any one wish ing to study the anatomy of the male. DR. 7ALCOTT & CO. 250 Alder Street, Ounberi BoKdlij, PORTLAND, OR. J Mm vbA mXfr xjsj S" JTVnX 44 M