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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 3, 1901)
x - THE MORNING OEEG02JIAN, TUESDAY, DECEMBER 3, 1901 UNION COUNTY HAS LOST PAXHAXDLE IS LEGALLY JOINED TO" DAKER. Snpremc Court Holds That Annexa tion Act of Last LesrlnlatHre Accords With Constitution. SALEM, Dec 1 Baiter County today won out in the Supreme Court In the celebrated panhandle case. Judgment of the lower court was affirmed in an opin ion rendered by Associate Justice Moore. The annexation to Baker County of a strjp of territory by legislative enactment at the 1901 session was declared legal. The case was hotly contested. District At torney Samuel "White and C. A. Johns appeared for Baker County, and T. H. Crawford, J. M. Carroll and C. E. Coch ran argued for Union County. The case was entitled Baker County, a municipal corporation, respondent, vs. , George W. Benson, County Clerk and ex officlo Clerk of the Circuit Court of Union County, appellant; from Union County, "W. R. Ellis, Judge; affirmed. Opinion by Moore, J. This is a mandamus proceeding to com pel the defendant, as County Clerk and ex-offlclo Clerk of the Ciicuit Court ot Union County, to perform an act which it is alleged the law specially enjoins upon him. By legislative action, which took ef fect March 1. 1D01, purporting to annex a part of Union County to the County of Baker, the Clerk of Union County was required to make out and deliver to the Clerk of Baker County certain transcripts, and also to deliver certain original pa pers on file in, his office An alternative writ, averring that the defendant refused and still rofuses to discharge the duty so enjoined upon him, having been Issued commanding him to perform the duty or show cause why he had not done so, for return thereto he denied the material averments contained therein, and alleged the following separate defenses: First That he was entitled to 10 cents per folio for making all transcripts; that the plaintiff refused to agree to payment of such fee and he refused to make out and deliver said transcript. Second That' the territory to bo an nexed includes taxable property of the value of about $150,003: that the taxes levied thereon by Union County for the year 1901 amounted to about 512,000, and that the delinquent taxes due thereon are about $1103, which constitutes a part of a fund out of which Union County must pay Its current expenses and state taxes; and that the county cannot be deprived of it by the Legislative Assembly. Third That by the new assessment and taxation law state taxes for the succeed ing five years are apportioned among the several countles.on a pro rata based on the average for the past five years; that the rate of taxation demanded from Union County for state purposes is J.02G2. while that required of Baker County Is only $.0195; that in the attempt to annex said territory no provision was made for re imbursing Union County for any part of said taxes, and that in the operation of the law Union County would be obliged to pay annually about $3000 more than Its pro rata share of state tax. This would be unequal and unjust taxation. Fourth That boundary lines of the ter ritory proposed to be annexed to Baker County do not meet or intersect. This ren ders the description void for uncertainty. Fifth That the act proposing to change the boundaries of Union County Is local and special, and, not having been submit ted to the electors for their consideration, is In violation of the state constitution. Sixth That the change in boundaries would Interfere and handicap Union Coun ty's representation in the State Legisla ture as apportioned by the Legislative Assembly in 1899. A demurrer to each of the defenses, on the ground that, the facts were not suffi cient to constitute a defense, having been sustained, defendant declined further lo plead or answer, whereupon the court awarded a peremptory mandamus, from which the defendant appealed. Opinion of the Conrt. Justice Moore's opinion is as follows: The first question to be considered is whether the defendant, as Clerk of Union County, can be compelled to deliver the transcripts required without payment by Baker County. His counsel contends that the statute prescribes his salary, which Is1 in neu or all fees or other compensation for his services (Laws Or. 1835, p. 77). exeept for furnishing to private persons copies of the records and files of his of fice, for which he Is entitled to charge them 10 cents a folio (Laws Or., 1901, p. 285); that Baker County is a private party within the meaning of said act, and is obliged to pay the fees prescribed for the performance of the duty enjoined; that not having done so upon a demand therefor, the court erred in issuing the peremptory writ. Plaintiff's counsel maintain, however, that the act requiring the defendant to prepare and deliver the transcripts and papers did not provide for the payment of any fees, and that, therefore, the work Tequlred Is a part of his official duty. The rule is "well settled that the right of a public "offlcerfo compensation TesnltsTrom the constitution or statute, and unless fees or salary are so attached to his of fice, he Is entitled to none. "When the com pensation of a public officer is not lim ited by the constitution, he takes his of fice subject to such additional burdens as the Legislative Assembly may impose, and must discharge the attached duties with out remuneration, unless the law provides for the payment thereof. The constitu tion makes no provision for the payment to a County Clerk of any compensation. His duties are subject to legislative con trol and the question arises. Has the stat ute under consideration Imposed upon him the burden of preparing the transcripts required without providing any fees there for? The law is inflexible that a public officer can demand only such fees as the law has prescribed for the performance of 'his official duties. Jackson vs. SIglln, 10 Or., 93; Pugh v. Good, 13 Or., 85; Houser vs. Umatilla County. SO Or.. 4S6. The statute having provided for the payment of 10 cents p"er folio for copies of the rec ords and files in a County Clerk's office furnished to a private party, it remains to he seen, when viewed In. the light of the rules announced, whether Baker County is such a party in respect to the Clerk of Union County. ... In the case at bar, the defendant, as the Clerk of Union Coun ty, was not the agent of Baker County, and owed the latter no duties, except such as he was obliged to perform for private parties. The statute prescribed that he might charge such parties a fee of 10 cents per folio for copies of the records and files of his office. "We think he is en titled to recover from Baker County such sum therefor. The court denies the right of the de fendant to demand from Baker County his fees in advance and says: "The author ity to audit and allow claims against a county Is vested In the County Court, and, while the rate of compensation to which the defendant is entitled for the per formance of his official duty Is prescribed by law. the number of folios necessarily required to complete the transcript can not well be ascertained until the work has been completed. ... The compen sation for the performance of the work is fixed, and the law Imposes upon Baker County the obligation to pay the fees so prescribed; but such compensation cannot be recovered until the work has been, com pleted, the transcripts, etc., delivered, and its bill therefor, as a claim against the county, presented and filed." Not a Question at Inane. On the second defense the court holds that it Is unnecessary to consider whether Union County has a vested right to the taxes which it has levied upon the prop erty situated in the territory purporting to have been annexed to Baker County. Section 7i of the act under consideration, provides that the latter county shall as sume and pay to the former such a part of Its Indebtedness, existing when the act took effect, less the cost of county build ings, rurniture and tixtures, as the as sessed value for the tlscal year of 1S00, of the territory so annexed, bears to the to tal assessed value of all the property in Union County for that year. It must be assumed that the territory so annexed to Baker 'County had been benefited to the extent of the pro rata share of the Union County indebtedness, if any existed, and when the Legislative Assembly provided that this obligation should be discharged by Baker County, no rule of court could suggest a more equitable method or deter mining the measure of compensation than that adopted. ? "Whether the act annexing the territory In dispute to Baker County contravenes the organic law of the state in respect to imposing upon Union County an un equal part of the state taxes. It Is also unnecessary to Inquire, for this proceed ing is not instituted to collect such tax, and the rule Is quite uniform that a court will not, in a collateral proceeding, declare a statute unconstitutional. Stevens vs. Carter, 27 Or. 553." As to Boundary Lines. In the fourth question, concerning the alleged uncertainty of the boundary lines of the annexed territory, the court quotes the boundary lines as described in the Legislative act. and says: "The southern boundary of "Wallowa County from the source of the Mlnum River Is in an east erly dlrcctibn along the summit of the Powder Kiver Mountains to a point about 20 miles due west from Snake River; thence due east to what Is known as Limestone Point, on the east line of the State of Oregon. Hill's Ann. Laws Or., Sec 22S2. From an examination of the map of the state, it would appear that tho line of Baker County, as described in the act under consideration, in the call extending cast between townships five and six south, - does not Intersect, but rans south of the summit of the Powder River Mountains, and it Is contended by defend ant's counsel that this fact renders the act describing the territory la dispute void for uncertainty. "In order to ascertain where the power lies to assess property and collect taxes thererrom; to determine the Jurisdiction of courts over the subject-matter of civil and criminal actions, of probate matters, and to determine the right of a citizen to vote for county officers, the boundaries of a county ought to be reasonably cer tain. In describing a rale of evidence for constructing doubtful descriptions in a conveyance of real property, our statute contains the following provision: 'When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement either of lines, an gles or surfaces, the boundaries or monu ments are paramount.' Hill's Ann. Laws, Or.. Sec. 855, Subd. 2. In Hale vs. Cottle, 21 Or. 5S0. it was held that the rule that monuments control courses and distances In construing descriptions of land is not an inflexible one; and if it appear from the race of a conveyance, in the light ot surrounding circumstances, that the .courses and distances as given correctly describe the land Intended to be conveyed, they will, of course, prevail. "It is possible that the line, commencing at the point indicated and extending east between townships live and six south, would intersect the south "boundary of "Wallowa County, but if such is not the case, it would be extremely difficult to locate the line with any degree of certain ty, for no point in the south boundary of said county having been indicated, to which the lino from the center of the north boundary of township A2 oast, range C south, was extended, it follows that as many lines, at different angles, would be run from the center of said township as there are separate points on the south boundary of Wallowa County, the length of which is about 40 miles. Under these circumstances we cannot disregard the course given and adopt the boundary in dicated. In Pratt vs. Woodward, 32 Cal. -U, it Is held that the law will presume a straight line was Intended in a descrip tion of land in a deed, when the call Is simply from one monument to another; but when the call is from a monument to a creek, without naming a given point, the creek is not a monument in the sense or that rule. "In tht case at bar. no point having been designated in the south boundary of "Wal lowa County, to which the lihe was to ne extended, the summit of the Powder River Mountains, which constitutes said bound ary, is not a monument and it must be dis regarded, unless it should be discovereu that an extension or the line Indicated in tersects the south boundary or Wallowa County at any point from which the line necearlly follows saia Boundary to Snake River. Where the description m a deed is true in part, but not In every par ticular, so much of the description' as is falEe is rejected, and the Instrument will take effect if a sufficient description re mains to ascertain its application. 1 Greenl. on Ev., 45cc o01. Applying this rule to Baker County, as Indicated by the act under consideration, we think the Leg islative Assembly intended the line to be run on a due east course from the center of the boundary of said township 42 east, to the Snake River, unless it intersected the south boundary of Wallowa County, by disregarding which tho description is sufficiently certain. Plebiscite Not Reqnlred. "5. It is contended by defendant's coun sel that the act attempting to annex the disputed territory of Baker County Is a local and special law; that more tnan 800 registered electors reside in said territory who are interested in the question of an nexation, and that no provision having ixen made by the Legislative Assembly that the net should be submitted to them to be operative or not in accordance with their vote, it contravenes section 21. arti cle 1, of the constitution of the state. "It is argued that the clause or the con stitution that local and special laws may take effect or not upon the vote of the electors Interested' is a limitation of pow er and prohibits the Legislative Assemhlv from making the act annexing said ter ritory to Baker County to take effect, except upon the authority of their votes in favor thereor." "In Maxwell vs. Tillamook County 20 Or., 495. Justice Lord, in defining the terms 'local' and special,' as applicable to and qualifying statutes, says: 'in gen eral language, a local statute may be said to be one that is operative only with in a portion of the .state, and a special statute Is one that is applicable to par ticular individuals or things." According to this definition, the act attempting to annex a part of Union County to Baker County Is evidently local and special, and it remains- to be seen whether the con stitution of the state requires the act to be submitted to the electors interested before It could become operative. If the word 'may,' as used in section 21, article 1, of the organic law of the state, is to be construed as 'must,' making it obliga tory upon the Legislative Assembly to submit all local and special laws to a vote of tho electors Interested, such a conclusion would necessarily render nuga tory many acts of the Legislative As sembly that have been regarded as valid. "It will be conceded, we think, by dis interested' persons, that such a construc tion of local and special statutes should be avoided, unless the constitution clear ly and in unmistakable terms commands that such acts should be submitted to the electors interested for their approv al before they become operative. The clause 'provided that laws locating the capital of the state, locating county scats and submitting town and corporate acts and other local and special laws, may take effect or not, upon a vote of the electors interested' (constitution of Ore gon, section 21, article 1), is in our opin ion neither a grant nor a limitation of power, but qualifies the preceding clause, and excerpts therefrom the particular acts enumerated In the qualifying clause, which the Legislative Assembly,, irf its discretion, may submit to the electors interested for their approval or rejection. . . . We do not think the constitution of this state makes it obligatory upon the Legislative Assembly in any instance, ex cept in the original selection or subse quent relocation of the seat of govern ment (constitution of Oregon, sections 1 and 3, article 14), to submit a local or crwiplnl not to thi plprtors lntrpsfH tnr I their determination by a majority vote before such an act can become operative; but it may, in Its discretion, so submit local and special laws, and when It does so, the manner prescribed must be pur sued before tho act can become operative. "We do not wish to be understood as in timating that If the Legislative Assembly, in its. discretion, had seen fit to submit the question of annexation of the disputed territory to Baker County, that the elec tors residing In the territory affected by the change were the only ones Interested therein. The Legislative Assembly is vest ed with plenary power, and may divide counties at its pleasure, aoportionlng the common properly and common burdens in such manner as to It may seem reason able and equitable (Morrow County vs. Hendryx, 14 Or., 237; Templeton vs. Linn County. 22 Or., 313), provided no county shall be reduced to an area, of tss than 400 square miles. (Constitution of Oregon, section 6, article 15)." The Question of Representation. On the sixth defense offered by Union County, that of representation In- the State Legislature, Justice Moore holds that the transferrins" of a part of one county in one Senatorial district to another coun ty in a different Senatorial district does not constitute a change in those districts. "They are composed of the same counties as before. Counties, not territory or in habitants, are the constituents of the district. "No error having been committed by the court in sustaining the demurrer, it follows that the judgment Is affirmed." NORTHWEST DEAD. Dr. H. V. V. Johnson, Pioneer ef Mc Minnvllle. M'MINNVILLE, Or. Dec 2. Dr. H. V. V. Johnson, one of the oldest and best known pioneer citizens of McMlnnville, died at his home In this city this morn ing. He had been confined to the house with paralysis for a number of years. Dr. Johnson was born at Dryden, N. Y., February 8. 1823. In his early boyhood he went to Ohio, where he attended Ken yon College. On finishing his course he returned to his native state to pursue the study of medicine. He first practiced in Broad Ripple (now Indianapolis), In diana. December 5, 1S30 Mr. Johnson mar ried Miss Mary Bushnell, of Granville, O., and in 1852 they crossed the plains to Ore gon and settled at Stringtown (now Mld dleton), on the Willamette. Dr. Johnson homestcaded a tract of land, and resolved to become a farmer, hut soon resumed the practice of his profession. In l63 he moved to McMlnnville, when that city comprised but a grist mill and two dwelling-houses. He was an Influential man In politics. While a resident of Wash ington County he was elected to the State Legislature on the Whig ticket, and served from 1S55 to 135S. Dr. Johnson was a member of the Republican State Central Committee from Yamhill County during 186G-G8. He was president of the National Republican State Convention of 1S59, and a member of the State Convention of the Union party in 1866 and 1S6S. Dr. Johnson was one of the progressive, enterprising citizens of McMlnnville, and was influential In the erection of churches and public schools, aiding such enterprises with magnificent gifts of land and money. He Is survived by a wife and two daugh ters, Mrs. Judge W. M. Ramsey, of Sa lem, and Mrs. Frank Martin, of Seattle. Charles McDonald. ASTORIA, Or., Dec 2. Charles Mc Donald, ex-postmaster of Astoria, died this evening of consumption, aged about 39 years. He was a native of Canada, unmarried and had a sister in Seattle and a brother in San Francisco. Lonls Snndox. THE DALLES, Dec. 2. Louis Sandoz, a well-known resident of the Mill Creek neighborhood, died this afternoon at his home, of consumption. He was a native of Sjvltzerland. ASYLL'M STATISTICS. Xumbcr of Patients Last 3Ionth "Was 1232 Total Cost, 90327 01. SALEM, Dec. 2. The monthly meeting of the asylum board was held today. Super intendent Calbreath's report for Novem ber shows 12C2 patients at the Institution, of whom SG6 are males. The total cost of running the asylum for tho month was $?S27 (51. The number of deaths during the month was 12. Eleven patients were dis charged, and 29 were received. Grace Keeler, aged 18, of this city, and' Effle Vanderpool, aged 28 years, of Mc Mlnnville, were received at tjie Insane Asylum, today. Oreffon Mining Stock Exchange. Yesterday's quotations: BM. Asfcrd. Adams Mountain V& G Astoria-Melbourne (guaranteed).. ..12 BO Buffalo 1 3 Copperorolls HTfc 30 Champion ,'M9 z$i Caribou 1-J 2i Gold Hill &. Bohemia ml 11$ Huronlan 54 7 Lost Horse 1'X o Oregon-Colorado 21. M. & D 24U 24 Riverside 2 3J Sumpter Consolidated 24 3 Bronze Monarch 12ft 12 Sales: 2500 Adam Mountain V& 1000 Champion 27 1000 Caribou 2 1000 Bt-onm Monarch 10U 500 Bronze Monarch llJ SSO Bronxe Monarch 12 5000 Bronze Monarch 10 5O0O Bronze Monarch 10'J 1000 Bronze Monarch 12 SPOKANE. Dse. 2. The closing quotations of xnlnlns stocks today wert: Bid. Afik.l Bid. Ask. Amer. Boy .. 0V1 Blacktall .... 0 Crystal 6 Deer Trail .. 2 Gold Ledge .. IV L. P. Surp... 3U L. Dreyfus ... 3Vi Mtn. Lion ...2i Morn. Glory.. 1 10iJMcrrl5on ... lOiPrln. Maud 2 IS 2 8 QUIlp 22t$ 27 2 Kamb. Car ...5 C7W l!Rcpubllc 3 S Wi;ReservatIon .. H 5 SISulltvan $ lm 20 Tom Thumb. .18 10 BAN FRANCISCO. Doc. 2. Official closing quotations ot mining stocks: Alt Andes Belcher Best & Belcher... Bullion Caledonia. Challenge Con .. Chollar . Confidence Con. Cal. & Va... Crown Point .... Gould U. Curry ... Hale & Norcrora ,?0 04UueUc . 1 1 Mexican ....0 01 14 3 74 3 4 Occidental Con Ophlr Overman PotoM Savage Sierra Nevada Silver Hill Standard Union Con .... 2 11 4 60 1 CO 1! 7 31 50 11 S 6 elutah Con 17jYellow Jacket . NEW YORK, Dec 2. Mining stocks today closed as follows: Adams Con ?0 14Llttle CMIef SO 12 Alice 43Ontarlo 0 23 Breece 75 Ophlr 70 Brunswick Con .. 13Pnoenlx 8 Comstock Tunnel. GjFotosl 1 Con. Cal. & Va... 1 S3Sa.vag 3 Deadwood Terra.. OOiSlerra Nevada ... 8 Horn Silver 1 DOiSir.all Hope 40 Iron Sliver GO Standard 3 85 Leadvllle Con .... 51 BOSTON. Dec 2. Clotlng quotations: Adventure Alloues -, Amalgamated . Baltic .-.. Bingham Cal. & Hecla.. Centennial .... Copper Range. Dominion Coal Franklin Isle Royale ... Mohawk .$ 20 OOlOld Dominion. . 4 W)Parrott . 73 25,Qulncy 44 Mi Santa Fe Cop. , 28 OOiTamarack .... , 640 OOiTrlmountaln . , 10 OOlTrlnlty .S 25 12 . 34 25 . 150 00 . 3 75 . 270 00 . 41 00 . 25 00 45 00! United States . . 15 00 . 21 00 40 COlUtah 15 50, VI I'ictorla. . 0 12 . 2 00 OOiWlr.ona 40 00 Wolverines ... . 57 50 Fled From Penitentiary. WALLA "WALLA, Dec. 2. The peniten tiary authorities are looking for Charles Webber, who was supposed to serve a six-year sentence for the crime of rob bery. The man was released on parole Saturday, and at once left the country. He came here from Seattle in 1S9S. Cnptaln of Xext Year's Eleven. FOREST GROVE. Or., Dec. 2. The Pa cific University foobtajl squad today unanimously chose John C. Bryant cap tain of next year's football eleven. Miner Killed. WALLACE, Idaho, Dec 2. Daniel Dan-lel'-on, a miner, was killed In Hunter mine yesterday. The floor, with a big load of rock, broke down with him. NEW GOVERNMENT CHOSEN OREGON CITY HELD ANSUAIi ELEC TION OF OFFICERS. Dlxnlcfc: Again Mayer Contests at Salem, Albany Eageae and Other Oregon Towns. OREGON CITT. Dec 2. The city elec tion passed off quietly today. The total vote was 299, which is 36 less than the vote of last year. Mayor Grant B. Dlm ick is re-elected by a majority of 205 over J. Eugene Hedges, who received 197 votes, or leas than Dimlck's majority. Fred J. Meyer is elected Treasurer by a majority of 51 over John R. Humphrey, who was booked by the wlso ones to win. In the Third Ward, E. D. Kelly beat Jacob Cas sell for Councilman by 55 majority, the former having received 139 votes, and tne latter 84. William Sheahan was elected Councilman in the Second Ward without opposition. Ho received 1S1 votes of 234 cast E. F. Story was re-elected Council man in the First Ward, without oppo sition, with 114 votes out of 136. Thd vote for Mayor was: First Ward Dimick, 101; Hedgep, 3S. Second ward Dlmlck, 144; Hedges, SO. Third Ward Dimick, 157; Hedges, 72. Total, Dimick 402; Hedges, 197. Following is the vote for Treasurer: First Ward Meyer, 93; 'Humphreys, S9. Second ward Meyer, 115; Humphreys, 115. Third Ward Meyer, 103; Humphreys' 11L Meyer's majority in the First Ward was 64, and Humphreys had a majority of three in the Third Ward. Thp vote for Treasurer in the Second Ward was a tie. Dimick has a majority of W In the First Ward, 54 In the Second Ward and 85 in the Third Ward. At Grant's Pais. GRANT'S PASS, Or., Dec. 2. The first election under the new charter was held in this .city today. Little Interest was taken and the vote was small. There was only one nominee for Mayor and one for Treasurer. The following Is the result of the election: Mayor, W. F. Kremer; Treasurer, Colonel Johnson; Councilmen First Ward, R. C. Hough and G. H. Blnns; Second Ward, J. H. Williams and C. E. Harmon; Third Ward, J. A. Rehkopf and Harry Lewis; Fourth Ward, Herbert Smith and F. H. Schmidt. The new 0111 cers take up their respective duties Janu ary 1, ItHtt. At Albany. ALBANY, Or., Dec. 2. The city election today resulted as follows: Mayor W. H. Davis, Rep. 411; F. P. Nutting, Dem. ISO. Recorder J. S. Van Winkle, Rep. 403; C. G. Burkhart, Dem, 225. Marshal W. a. McClaln, Dem, SU4; L. O. Coates, Rep, ZSi. Treasurer H. B. Cuslck, Rep, 403; J. R. Ream, Dem, 230. Councilmen elected were: C. H. Stewart, Dem; J. M. Ralston, who was nominated by both Democrats and Republicans, and P. B. Marshall, Rep. The total vote cast was 644. At Newport. NEWPORT, Or.. Dec. 2. The annual city election was held today. The follow ing ticket was elected: City Recorder, John Simpson; Treasurer, Oscar Olsen; Marshal. Ira Miller; Street Commissioner, J. P. Bycrley; Councilmen First Ward, George Sylvester; Second Ward, J. A. Ol sen. William Neal; Third Ward R. I. Ben sell, B. b Young, C. H. Williams, F. H. McDonald. W. S. Whltten, S. G. Irvine and J. F. Delaney polled a tie vote In the Second Ward. At Tillcntook. TILLAMOOK. Dec. 2. The city election today resulted as follows: Mayor, J. L. Briggs; Recorder, Thomas Coates; Treas urer. Joseph Bromley; Marshal, Clyde Clements; Councilmen First Ward, F. L. Sapplngton; Second Ward, George Gray son: Third Ward, S. A. Brodhead; Fourth Ward. K. M. Watson: Fifth Ward W H. Reynolds. This- was the only ticket nom inated. At Salem. SALEM, Dec. 2. The city election here today was quiet Only Hi votes were cast, of which the non-partisan candidates for Aldermen received 102. the other 12 votes being scattered. The Aldermen elect, Thomas Burrows, H. Pohle, G. Stolz and P. J. Larsen, will nerve for two years, assuming their places in the Council on the first Tuesday in January. At Heppner. HEPP2CER, Or.. Dec. 2. The city elec tion held here today was quiet, with only one ticket In the field. The election was non-partisan. About 67 votes were polled. Frank Gilliam was re-elected Mayor and O. E. Farnsworth, Phil Cohn and George NoWe were chosen Councilmen. J. P. Williams was re-elected Recorder and L. W. Briggs was re-elected Treasurer. At Union. UNION, Or., Dec. 2. The annual city election was held here today. The follow ing omcers were chosen: iiayor, E. W. Da vis; Councilmen Tom Brasher. J. K. Blize. S. I. Benson; Recorder, George Bel dlcman; Marshal, William Porter; Treas urer. Will Wright; Street Commissioner, Fred A. AUcn. Warming; Up for Election. ELMA, Wash.. Dec. 2. Much interest is taken in the coming election in this city. All parties met in a caucus last Monday. The saloon people had named their ticket and the Independent or Re form party have, done the same. The In dependents succeded in nominating their man for Mayor and one Councilman. The others nominated three Councilmen. This did not satisfy either party, so each nominated a straight ticket by petition. Both parties are wide awake and even ly divided. The Citizens' ticket is: Mayor, J. R. O'Donald; Councilmen, W. H. Low ell. C. K. Craig, R. J. Stone. M. M. Wake field. The Independent or Reform ticket supported by the church and temperance people Is: Mayor, I. N. Harding. Councll merr. W. H. Ruddell. F. L. Lewis, Charles Rasmussen and Hugh Fkailng. L. I. Wakefield Is the nominee for Treasurer on both tickets. WATERWAY IS WAIVTED. Molalla River May Be Uaed to Trans port Lumber. OREGON CITY, Dec. 2. In the County Clerk's office this afternoon Stephen A. D. Hungate filed a plat of the Molal la River from a point In section 14, town ship 2 south, range 3 east, to Its mouth, where the stream flows Into the Wil lamette, a distance of about S5 miles. The point of beginning Is 15 miles south east of Wllholt Springs. Hungate, who is a surveyor and has done considerable work for the Government, declares his purpose to secure to himself and his suc cessors in interest the exclusive right to regulate, manage and con trol the floating, transportation and booming of logs, lumber, timber, piling and wood upon the Molalla River in Clackamas County, which is declared to an unnavlgable stream for commercial purposes. It Is his purpose to proceed within the terms of the law to improve the river by erection, construction and malntalnance of such dams as may be necessary to the clearing out of the river and removing of drifts and obstructions which may In terfere with its use for the purpose in-' tended, by straightening, widening and deepening the channel wherever it is necessary; by construction and main tenance of such booms as may be neces sary or convenient; and by doing such other work and maintaining such other structures and erections on or in the river as may be necessary to put and keep the same In such condition that logs, lumber and timber as well as wood and piling may br freely floated. Negotiations are now In progress to In corporate a company to utilize the river, which runs through immense bodies of fine timber. Tributary to It are Pudding River, Milk Creek, Gawley Creek, Pine Creek and the middle and north forks of the Molalla. The falls of the Molalla are at the mouth of Pine Creek. They arc eight feet high and would supply a large amount of water power. The width of the stream at this place Is 100 feet and the depth four feet. Receipts of County Oulcea. The receipts of the County Recorder's office last month were $223 65 as against 5165 35 In November, 1900. The County Clerk's receipts for November were $374 35. For tho same month last year the receipts were J464 75. exceeding the receipts of any ono month since the es tablishment of the fee system. Hays Case Continued. The Hays cases came up In the United States Land Office this morning and it was stipulated that the testimony In one of the cases be duplicated In another. This order was made and the cases were continued until Wednesday. Light Pnnlnhmcnt .for Larceny. Bert Barclay, who was arrested last week on a charge of larceny by bailee, was this morning allowed to plead guilty to the charge ot simple larceny and was sentenced to a term of 22 days In the County Jail by Justice of the Peace Mc Anulty. Barclay was given a watch to raffle by an employe of one of the paper mills and after raffling the watch he pocketed the money and started for Sari Francisco but was overtaken at Albany. IN 3IE3IORY OF ELKS. Exercises Held In Honor of Departed Brethren. EUGENE, Dec. 2. Eugene lodge of Elks held Its annual memorial services- yester day afternoon. The exercises were held In the large drill hall of the Armory in order to accommodate the large .audience. The principal address was delivered by John M. Gearln, of Portland, and was an eloquent tribute to the memory of de ceased members of the order. The musi cal part of the programme was rendered by tho ladles octet and was of a high order. At The Dalles. THE DALLES, Or., Dec. 2. Members and invited guests of the local Order of Elks, crowded its hall in this city yester day.' A musical programme of appropriate selections was rendered by Albert Baldwin and a male quartet. Mls Myrtle Mlcbell, tho soloist of tho occasion, sang "The Garden of Eden." John F. Cradlebaugh recited "Thanatopsls." A brilliant me morial address was delivered by Fred W. Wilson, who paid a touching tribute to the menopry of the three departed brothers of the lodge O. S Wau,d, Owen Wllllama and George Catching. At La Grande. LA GRANDE, Or., Dec. 2. The Elks' lodge of this city held Its second annual memorial service- last night. Appropriate musical and literary exercises were ren dered. Addresses were given by C. E. Cochran, of. Union, and the Rev. J. R. N. Bell, of Baker City. MANY GOLD MEDALS. Washington "Won More -at Buffalo Than Any State Except New Yorlc. EVERETT, Wash., Dec. 2. Pan-A-mer-Ican Commissioner Elmer E. Johnston has returned from Buffalo. He says Washington received more gold medals for horticultural exhibits than any other state except New York. He says the exposition has been of great value to the Pacific Northwest as an advertising medium. Chnrfrcd "With Forgery. EVERETT. Wash., Dec. 2. D. G. Grn ham, with many aliases, has been brought back from Spokane by Sheriff Zimmer man, of this county, charged with pass ing fraudulent checks. He is alleged to have victimized five business houses nt Everett. It is said that he has worked hia forgery game from the Atlantic to the Pacific Coast. Mr. Phllenn Fowler. CORVALLIS. Dec. 2. Mrs. Phllena Fowler, a pioneer of 1846, was burled In King's Valley Saturday. She died Thurs day. She came to Oregon from Missouri with her parents, Mr. and Mrs. Vander pool, In 1816, and settled In Benton Coun ty. She was aged 76 years and 4 months. She was a sister of Cam Vanderpool, ot Soap Creek, and left nine children. New Y. M. C. A. Quarters. SALEM, Or., Dec. 2. At a meeting of tho board of directors of the Salem V. M. C. A. tonight, It was decided formaily to open to the public the association's now home In the State Insurance block Friday evening, December 13. A programme of vocal and instrumental 7 terVrkL "W ::VWV.; 3 i.Vs-V E.- z. jrm fV iWfciJM & : A' V "UJM 5-.--C Wt-K mm &? mfm X-"-- &'&. :v-SS?ff?C FEMALE TROUBLES. New York' Most Successful Specialist in Woman's Diseases Says: "Nearly Every Case of So Called Female Weakness and Painful Periods Is Due to Kidney or Bladder Disease of Some Form." If Any of Your Family In This or the Past Gen erations Have Been Troubled With Kidney Disease Make a Test of Your Urine -and Sat isfy Yourself. When you arise In the morning' put j some urine in a glass or doiuu; iei it siu.uu for twenty-four hours; if there is a red dish sediment In the bottom of tho glass, or if the urine is cloudy or milky, or if you seo particles or germs floating about in it, your kidneys are diseased and you should lose no time, but get a bottle of Warner's Safe Cure, as It la dangerous to neglect your kidneys for even one day. MISS LILLIAN RAMSEY. Miss Lillian Ramsey, president of the Denver Quincy Club, of Denver, Colo., says: "I was all run down, had no ap petite, was troubled with indigestion. t pains In my back, and suffered untold misery during my monthly periods, until I used Warner's Safe Cure. Thanks to it I am now as strong and healthy as any woman could be. My mother suffered for OVfir twn vpnrn tvlfh wha niir Innlnr called 'weakness peculiar to women.' She I music and several short addresses by local association workers will be arranged for the occasion. Reqneated by School Snpcrlntendent. SALEM, Dec 2. State Superintendent Ackerman today addressed circular letters ! the State Agricultural College and the several state normal schools, requesting the making out of a list of books suitable for school libraries, to be returned by February 1, 1902. The preparation of these lists is required annually of college pres idents by the new school low. Depot Under Conntrnction. LA GRANDE, Or., Dec. 2. Work began today on the O. R. & N. depot at Hot Lake. The station will be of unique de sign and finely finished In keeping with the improvements at the Mountain Sani tarium. The Japanese section-house at Union station was robbed last night by two tramps The thieves were captured near Telocaset. Finances of Marion Connty. SALEM. Or., Dec 2. Treasurer Down ing's monthly statement of the financial condition of Marlon County for the month of November shows a cash balance of $20. 9S9 56, which Is more than sufficient to re deem all outstanding warrants and to place the county on a cash basis. Railroad Subsidy Proponed. DALLAS, Or., Dec. 2. air. Gcrlinger'3 proposition with reference to the railroad subsidy is now In the hands of the exec utive committee of the Board of Trade. The terms are not made known. A meet f."V ?. h m& m v-i 4m rO $& && 3S3&& Syrup of Figs appeals to the cultured and the well-informed and to the healthy, because its com ponent parts are simple and wholesome and be cause it acts without disturbing the natural func tions, as it is wholly free from every objectionable r&M h I-Vjjfthj wz?$z:: SBK. .. -jut-i ::;-' "?;:. Jf&&T; Sfv:' FX, BPJ Vrfi- Zs .- k? s&qfsi vftriF-y-T . i f-yy ! -.. s& mr mm $ m w .'sss? gei 1 o get xi '-n. &?;:' genuine "s- i .;,;il- w. rv rr2krcisco,"Ca.l. Louisville, Ky. rtewYork;N.Y. Fcr !- by all drueeiata. .Price, fifty cervts pef bottle had severe pains In her back, and her head ached almost constantly: in fact, she was an Invalid until the doctor pre scribed Warner's Safe Cure. Three bot tles made a permanent cure. She has no more of her old troubles, and enjoys per fect health. All her complications were caused by diseases of the kidneys. Had my mother taken Warner'3 Safe Cure In the first place, instead of a lot of so called cures for femalo weakness, she would have been saved a great deal of suffering. We will never be without a bottle of Warner's Safe Cure in the house, and if every poor, suffering woman knew the merits of Warner's Safe Cure, she might be restored to perfect health." FREE SAMPLE BOTTLE. To convince every sufferer from diseases of the kidney, liver, bladder and blood that Warner's Safe Cure will cure them. a sample bottle will be sent absolutely free to any one who will write Warner's Safe Cure Company, Rochester, N. Y., and mention having seen this liberal offer In this paper. The genuineness of this offer is fully guaranteed by the publisher. Our doctor will send medical booklet, con taining symptoms and treatment of each disease, and many convincing testimonials, free, to any one. SAFE CURE 1 Is put up in two regular sizes and sold by all druggists. 50c and $1.00 a Bottle. Refuse substitutes. There Is none "just as good as" Warner's Safe Cure. It has cured all forms of kidney disease during the last thirty years. It Is prescribed by all doctors and used In the leading hos pitals as the only absolute euro for all forms of disease of the kidney, liver, blad der and blood. ing of the board will be held tomorrow evening, at which time Mr. Coovert, chief engineer of the road, will present It with explanations. Minister Called to Xew York. NEW YORK, Dec 2. The Rutgers Riv erside Presbyterian Church, this city, has called the Rev. Dr. Robert Mackenzie, or Ban Francisco, to its pastorate. He expects to reach New York on Thursday and preach his first sermon here next Sunday morrilng. The formal installa tion will take place probably December 11. Brldpre Xearly Bnllt. ST. HELENS, Or.. Dec 2. The last span of the new bridge across Fox Creek In Rainier is being put In. place. The bridge will probably be finished the first of next week. The new structure will cost about ?2C0O. Prnne Shipped on Consignment. DALLAS, Dec. 2. Two hundred thou sand pounds of prunes remain In growers' hands at Dallas. The fruit sold has been consigned mostly to the East. Good ad vances have generally boen received. Circnit Conrt Convened. DALLAS, Or., Dec 2. Circuit Court, Department No. 1, convened today. Judge George H. Burnett presiding. The docket is light and without a criminal case. There will be no grand jury this term. Live Bird -Shoot. LA GRANDE, Or., Dec 2. The La Grande Rod and Gun Club entertained Eastern Oregon shooters In a live bird shoot today. Good scores were made, al though It rained constantly. ots (Jert(y? pcXs pieasakrtly Vcts Beneficially-sislr-Mly-as-aXaxaiiver, quality or suostance. In the process of manufacturing figs are used, as they are pleasant to the taste, but the medicinal virtues of Syrup of Figs are obtained from an excellent combination of plants known to be medicinally laxative and to act most beneficially. its beneficial effectsbuy the IIS oenenciai enects- iiiauuitn.iureu dv me Jj(AYRJIP(? k