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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,
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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.
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that I find that your Pure Malt Whiskey
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(Signed,) SARAH BERNHARDT.
Thousands of prominent men and women
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and physically, like Mme. Bernhardt, have
been kept well and strong by Duffj's Pure
Malt Whiskey, which keeps the old young
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DUFFY'S PURE MALT WHISKEY
Has carried the hlessinir of health tn more
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an otner medicines comDinea. it cures
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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
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Whenever you lace a dealer's name on
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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
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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
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tirely." makes new and pure
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It overcomes all forms of blood poison,
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Send for our free book and write our
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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
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ou cured me In two weeks. 1 worked
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yours truly. JOHN LYNCH.
DISORDERS
OF
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By far the greater
number of patlent3
seeking relief for so
called weakness are
strong, robust men
n evry other respect. Loss of vitality,
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DR. 7ALCOTT & CO.
250 Alder Street, Ounberi BoKdlij, PORTLAND, OR.
J
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