THE MORNING OREGONIAN, WiSDNJiSDAif, 1XU1JJUA1.BJGK 4, lUOl.
AGAIN AT WAR? WITH - IT;
saleST wants' telephone- com
pany TO PAY A TAX.
If "Hello'' People "Will Xot Give In,
City "Will Try to Make
Them Cut Kates.
8AL.EM. Or.. Dec 3. The Salem. City
Council Is again at -war -with the Pacific
6tatcs Telephone & Telegraph Company.
The city proposes to have something- to
say in the matter of rates on "hello" in
struments. An ordinance was introduced
at the regular meeting of the Council to
night fixing the maximum rates to be
charged by the company as follows: Main
line telephone, $2 50 per month; party-lino
instrument, in office, store or place of
business, $1 per month; party-line instru
ment In residence, 75 cents per month.
The rates now charged by the company
in the order mention are: $2, 51 50 and JL
In August, 1900, the City Council enacted
an ordinance taxing- the telephone "com
pany 6 cents per month per instrument,
The company refused to pay the tax, and
instituted proceedings against the city
to prevent its collection. This proceed
ing was dispensed with, and the case is
now in the Circuit Court on a statement
of agreed facts, which, will be taken up
by Judge Boise December 10.
The question of compromising the mat
ter was proposed and a committee was
appointed by the Council. The commit
tee reported to the Council tonight, recom
mending that the question of compromise
be dropped, and submitted an ordinance
establishing the maximum rates heretofore
given.
The Council is thoroughly determined in
the matter. It feels that its present ac
tion is justified by the city charter, and
declares that If the telephone company
refuses to pay the minimum tax proposed,
then it must pay the tax that would there
by accrue direct to the citizens in the
form of a less rental fee. At the present
time there are 450 telephone Instruments
in Salem.
Automobile Franchise Granted.
The Salem Council passed an ordinance
granting Frank N. Derby a franchise for
operating automobiles on the streets of
Salem. Tho franchise covers a period of
10 years, and tho advantages conferred
must be exercised within one year from
the passage of the ordinance, or tho same
is to be revoked. The speed of all ma
chines is limited to eight miles per hour,
and the city is to receive an annual tax
of $12 for each machine operated. Mr.
Derby is at the .head of the Salem Auto
mobile Company, which expects to inau
gurate a public automobile service in
Salem In the Spring;
Report of City Recorder.
City Recorder Judah's monthly report
for November shows the cash receipts
to have been $1241 98, while tho warrant
Indebtedness for the same period was
81206 60. The city's warrant Indebtedness
for the year, not including December, is
J11.741 85.
ALLEGE IT "WAS STATE MONET.
Ladd & Bash. "Want Mctschan to Get
A'othtiiff From Bank: That Failed.
SALEM, Dec. 3. Ladd & Bush, a local
banking firm, have filed in department
No. 2 of the Circuit Court of Marion
County an amended petition objecting' to
the payment of further interest by the
receiver of "Williams & England Blink
ing Company, insolvent, to ex-Stato
Treasurer Metscham, E.,C. Giltner and E.
J. Swafford, upon claims filed against the
defunct corporation. Circuit Judge Boise
Saturday ruled that the balance alleged
to bo due on the principal of the claims
of Metscban et al. should be paid, but
refused to make a ruling on the question
of Interest, but gave the objecting par
ties further time in which to file objec
tions. t
Ladd & Bush take exception to the pay
ment to Glltnor of any part of the prin
cipal or Interest whatever upon the prin
cipal sum of J25.000, "for the reason that
the original claim of 125,000 was funds
of the State of Oregon, improperly depos
ited with and loaned to the defendant cor
poration, for a consideration, and by way
of Interest, to be Raid by the said corpor
ation to the Treasurer of tne State of
Oregon, for the u?e of said money. That
the sum of $25,000 was placed with the
defendant, the "Williams & England
Banking Company, by Phil Metschan, who
was at the time thereof the Treasurer
of tho State of Oregon, and that the said
funds so loaned by him were the funds
of tho state which came to the custody
and control of the said Phil Metechan
by virtue of his offlco as such Treasurer.
That, while the said claim stands in the
name of Edmund C. Giltner, 'agent,
the said Edmund C. Giltner, at tho time
of the presentment of the said claim was
acting for and in behalf of tho said Phil
Mctschan, and not for himself, and the
money so loaned as aforesaid was
state funds."
Objection Is also made to the payment
of an interest Item of J7S9 73 to Phil
Metschan; Interest or principal on $SG13 CO,
another claim of Metschan's; the princi
pal sum of $5047 27 filed by "W. H. Odell,
and interest upon $7319 S3 to E. J. Swaf
ford, it being alleged that this money
belonged to the City of Salem, Swafford
at the time being City Treasurer.
The petition' also prays for a revoca
tion of all orders made by the court that
are in conflict with the rights of the peti
tioners. Circuit Judge Boise will recon
vene court on Saturday, when the peti
tion will probably be taken up.
TO REPRESENT UOPGROWERS.
Man Elected to Help Agent Dispose
of Pool In London.
SADEM, Or., Dec 3. Francis Feller, a
pioneer hopgrower of Buttcville, was to
day elected by the Oregon Hopgrowers'
Association to go to London and assist
M. H. Durst, the association's confidential
agent, in the sale of the association pool,
which contains 2200 bales. In the election
each grower represented in the pool -was
allowed one vote per bale for every bale
he had in the pool, and Mr. Feller received
I30v of the 2200 ballots that were cast.
Mr. Feller is the treasurer of the asso
ciation, and has 225 bales in the pool. He
Expects to leave for London with Mr.
Durst in about two weeks. The meeting
was harmonious and well attended. .
A general business committee of five
was named to have entire charge of the
rool, and all business in connection here
with until tho contract with Mr. Durst
has been entirely fulfilled, the pool sold
and tho funds resulting therefrom dis
tributed among the growers represented
In the pool. The committee consists of
W. H. Egan, of Brooks, president of the
association, who will serve as chairman;
H. D. Mount, of Sllverlon; J. N. Barrett,
of Forest Grove; Byron Grimm, of Hub
bard, and John Nlblcr, of Gervals.
"MAY" MEANS "SHALL."
Judge McBrlde's Interpretation of a.
Section of the School Latv.
HILLSBOBO. Or., Dec 3. Judge Mc
Brlde has ruled that "may" means "shall"
In the statute where School Superintend
ents are authorized and directed to in
dorse the certificate of. a teacher granted
by another county than that in which
the school official lias his office. The
question before the court was raised by
a mandamus proceeding brought by TJ.
S. McHargue, the Reedville 'teacher, who
has born In trouble for several years. Su
perintendent Ball refused to permit Mc
Hargue to take part in the county exami
nation. McHargue then went to Mult
nomah, where he met with like treatment.
He then went to Clackamas, where he
succeeded in getting teachers' papers. Re
turning to thistounly, he demanded that
his certiflcateghould be indorsed, as the
law adthorizes. " Superintendent "Ball re-
fused, and the mandamus suit followed.
Mr. Ball contended that he had a right to
judge of a man's moral qualifications, and
wlli file a motion -for a hearing on the
merits of the case. The matter will
probably go to the Supreme Court on ap
peal. Hon. S. B. Huston was counsel for
McHargue, a-.u John M. Wall and Harri
son Alien for the other side.
A "DRY" TOAVX OXCE MORE.
Springrfield AntI- Saloon Element
Ag:aln "Won at the Tolls.
SPRINGFH3LD, Or., Dec. 3-43pringfieJd
decided yesterday to remain "dry" for
another year. The annual election result
ed in a victory for the antl-oaloon forces
by a very small majority. The following
officers were elected: Councllmen, C. E.
Martin and Z. T. Kintzley; Recorder, H.
E. Walker; Treasurer, "W. H. Skeels.
City Election at Hillsboro.
HILLSEORO, Or., Dec. 3. The city elec
tion yesterday was the quietest In years.
Dr. F. A. Bailey was re-elected Mayor;
Hon. "W. N. Barrett was elected Council
man for one year, and Hon. S. B. Huston,
Max Crandall and E. C. Schulmerich were
elected to serve for three years. H. T.
Bagley was elected Recorder, and A. C.
Shutc, Treasurer.
At Amity.
AMITY Or., Dec 3. At tho city election
yesterday the following were elected:
Councllmen. T. E, "White, C. R. Matthis,
P. P. Durant, A. C. Harden and Frank
Stullenberger; Treasurer, T. J. Jcllison;
Marshal, J. T. Stlmson; Assessor, P. P.
Durant, The vote on Recorder resulted
in & tie, E. R. Broadwell and Adolphus
Rea each receiving 27 votes.
GAIX IX IAXD OFFICE RECEIPTS.
Business "Was More? Than Brisk, at
OrcRon City liast Month.
OREGON CITY, Dec 3. A summary of
the business of the United States land
office for the past month shows a notice
able Increase in the 'receipts of the office,
which exceeded those of November, 1S00,
by $4000. Twenty-five hundred more acres
were covered by cosh sales last month
than for the samo month last year, while
3DG0 acres constitute the excess in the
number of acres entered upon. Tho sum
mary follows:
No. homestead entries S
No. final proofs 23
No. cash sales 34
No. acres entered on 5133.35
No. acres proved up on 3071.66
No. acres covered by cash sales 4577.22
Cash sales of public land $10,140
Fees and commissions $ 99S
Coanty Commissioners Meet Today.
The Board of County Commissioners will
meet tomorrow. Among the petitions to
be presented is one for the incorporation
of Milwaukie. Stephen A. D. Hungate
will petition the board for a 25 years' lease
on the Molalla River for tho purpose of
conducting a general logging, booming,
timber and lumbering business, and will
ask to have the river declared an unnavl
gable stream.
OrcBon Mining Stock Exchange,
Yesterday's quotations:
Bid.
Adams Mountain 4
Astoria-Melbourne (Gtd.) 124
Buffalo 2
Copperopolla 1(5 VI
Champion 25
Caribou 1
Gold Hill & Bohemia 9
Huronlan 5
Lost Horse :.. ."?'
Oregon-Colorado M. 11. & D U
Riverside 2-f
Sumpter Consolidated 3&
Bronze Mountain 12S
Asked.
5
50
3tf
2fc
12
2liy-
2500 Adams Mountain 4
1000 Huronlan C
2250 Bronze Monarch 12
SPOKANE, Dec. 3. The closing quotations
of mining stocks today were:
Bid. Ask. I
Amer. Boy .. 0 104iPrin. Maud
Blacktall ...,10V 11 iQullp
Bid. Ask.
.. 2 2V4
..22 24
vrysuu u
9i Uamb. Car .
..54 58
Beer Trail .. 2.
2'blRepublIc ...,
1 Reservation
tJ Sullivan ....
!5 ITom Thumb
2 IL. Dreyfus .
031
.. 3U
&4
Gold Ledge .. 1
L. P. Surp... C?
Mtn. Lion ...24
Morn. Glory.. li
Morrison ..... 2 ',4
4
0& 10'A
.10 10
. 3 3
SAN- FRANCISCO,
quotations of mining
Dec 3. Official closing
stocks:
Alta $0
Andc
Belcher
Best & Belcher...
Bullion
Caledonia
Challenge Con ...
Chollar
Confidence
Con. Cal. & Va... 1
Crown Tolnt ....
Gould & Curry...
Hale & Norcross.
Justice ....,
04lMexlcan $0 14
1 (Occidental Con ... 3
llOphlr 70
DjOverman 2
2 Potosl o
20jSavago 3
llSeg. Belcher 1
3 Sierra. Nevada ... 5
5'JiSilver Hill 3u
COIStandard 3 35
II Union Con 10
0 Utah Con 5
10 Yellow Jacket .... 5
l
NEW YORK. Dec 3. Mining stocks today
closed as follows:
Adams Con $0 20LUtlo Chief ...
Alice 450nlarIo ,
Breece 75 Ophlr
Brunswick Con .. 14(Phoenlx
Comstock Tunnel. 0Potosl
Con. Cal. & Va... 1 00 Savage
Deaduood Terra,. fiOiHlorra Nevada
$0 12
9 00
70
G
3
8
Horn Silver 1 00 Small Hopes 40
Iron Sliver Go, standard 3 00
Leadvllle Con ... 0
BOSTON, Dec 3. Closing quotations:
Adventure $ 20 00Osccola $ 87 50
Allouez 4 OO.Parrott 33 50
Amalgamated .. 71 87!Qulncy 150 00
Baltic 44 OOlSanta Fe Cop... 3 50
Bingham 28 OOiTrhnountaln ... 40 00
Cal. & Hecla.. 025 OOjTrlntty 25 00
Centennial 15 SOJUnltcd States ... 14 75
Copper Range.. C4 00Utah 22 00
Dominion Coal.. 40 50jVlctor!a 0 25
Franklin 15 OOlWinona 22 50
Isle Royale .... 22 001 Wolverines .... 57 00
Mohawk 30 50
Bid.
Sngar Beet Pnlp.
LA GRANDE. Dec 3. The Oregon Sugar
Company has disposed of 3000 tons of beet
pulp to J. L. Caviness, an Island City
farmer and bectgrower, who will feed it
to mutton sheep. This is the first large
sale of pulp that has been made this sea
son, though the dairymen of La Grande
and vicinity have been feeding it since
the factory opened in September. The to
tal amount of pulp turned out by the fac
tory Is estimated at 14.009 tons. Tho entire
amount will probably be disposed of to
stockmen during the present week. The
price is about 00 cents per ton, but when
sold In largo amounts it goes at about 30
cents.
Engene Brevities.
EUGENE, Dec. 3. The first work to
ward the construction of the new woolen
mill was done today, when Contractor N.
B. Alley began clearing the ground for
the building.
Arrangements have been made by the
Willamette Valley Poultry Association for
Its anual poultry show, which will be
held in Eugene December 19-21.
The will of Louisa R, Fuller has been
filed for probate. It disposes of property
valued at $12,000. Corvallis Lodge, A. F.
& A. M., is one of the beneficiaries.
Machinery to Bore Oil "Well.
SPRINGFIELD, Or., Dec 3. The' drill
and machinery for the Great "West Coal
&. Oil Company's prospect at Springfield
arrived today. ,J. E. Simmons, president
of the company, is here, and will have the
machinery put In place at once, and in a
short time will be sinking a well.
NORTHWEST DEAD.
Professor J. H. Atwood.
SALE.M. Dec. 3. Professor J. H. Atwood
died suddenly at his home in this city at
1 o'clock today, of nervous prostration,
aged 63 years. He was a native of Massa
chusetts, and came to Salem eight years,
ngo from Illinois. For 17 years Professor
Atwood was principal of the Onarga Busi
ness College at Onarga, 111., and previous
to that time was for eight years principal
teacher in Child's Business College at
Springfield, Mass. For a time he was
connected with the Capital Business Col
lege In this city.
He leaves a wife and fouV children Xra.
C. T. McPherson, of University Park,
Portland: Mrs. A. A. Lee, Miss Helen At
wood ana Charles J. Atwood, of Salem.
DEATH WARRANT ISSUED
MURDERER GREEN TO BE HANGED
AT STEVENSON FRIDAY".
Awaits His Doom "With Apparent Uh-
concern Everything In Readiness
for the Exccntlon.
STEVENSON, "Wash., Dec 3. The
death warrant in the case of tho State
of Washington vs. James G. Green has
been issued by the court, and in accord
ance therewith the defendant will be
hanged Friday, December 6, 190L All
necessary preparations have been made,
a high board fence encloses the jail-yard,
and the scaffold has been completed. In
vitations to the execution were sent out
today.
The defendant awaits his doom with
apparent unconcern. He has made sev-
T GRANT B. DI3IMICK.
eral requests, however, some of which
cannot be granted, that Indicate he will
completely collapse upon the scaffold.
For the past week he has busied him
self writing letters biddingfriends good
bye. Sheriff Tatton has taken due pre
caution to avoid accident, and will carry
out the law to the letter.
James G. Green murdered E. V. Benja
min on the morning of March 24, 1W1,
while the latter was at a dance at a
private residence across the river from
Hood River. Green shot through the win
dow, killing Benjamin and wounding Miss
Nellie Brown in the arm. Green fled to
the mountains. Two days afterward he
gave himself up to Sheriff Tolten and
made a full confession. Jealousy was the
motive of the crime. Green was tried and
convicted April 12, 1901, at Stevenson,
Wash., and sentenced October 1, 1901.
SALOOX LIMIT FIXED.
Vancouver "Will Allow Tfone In the
"Residence Portion of the City.
VANCOUVER, Wash., Dec. 3. Tho City
Counc.l lost night decided that hereafter
no license will be granted for a saloon
outside of the business district of the
town. The object of tho resolution Is
to prevent any one from opening a saloon
In the residence portion of Vancouver.
The question of Increasing the salaries
of the City Attorney, Clerk and Treasurer
was discussed at length by the Council,
but no definite action was taken.
The Council also discussed the matter
of a big celebration when the Vancouver
Kaloma Railroad shall have been com
pleted, but did not decide what It would
do.
Sentenced to Penitentiary.
John M. Toy, the man who hired a
horse and buggy from a livery stable here,
and afterward sold them, has been sen
tenced to three years in the penitentiary.
MAYOR OF PENDLETON".
Thomns G. Ilnlley "Will Fill That
Office for Next Tvro Years.
PENDLETON, Or., Dec 3. Thomas G.
Halley, who was elected Mayor of Pendle
ton yesterday, is District Attorney for the
Sixth Judicial District, comprising Uma-
Thomas G. Hailcy.
tllla and Morrow Counties. He Is a na
tive Oregonian, a son of Hon. John Halley,
of Boise, Idaho, who was one of the most
prominent of the ploneors f the North
west. Mr. Halley has two years to serve
as Mayor.
- ELECTION AT VANCOUVER.
Proposition to Sell the City's Light
ing Plant Carried.
VANCOUVER, Wash., Dec 3. The an
nual election passed off quietly today. The
vote was very light. There was but one
ticket in the field. Following are the of
ficers elected: Mayor, A. B. Eastham;
Couhcllman-at-Largc, James Padden;
Ward Councllmerv, North Ward, C. P.
McCarty; East Ward. S. F. Bodyfelt;
West Ward. J. A. Webber; Attorney. J.
P. Staplcton; Treasurer, E. M Scanlon;
CIerkt J. J. Beeson. It was voted by a
small majority to sell the electric light
plant of the city.
At Tekon.
TEKOA, Wash., Dec 3. The following
ticket was elected here today: Mayor, J.
V. Hutchinson; Treasurer, O. M. Sparks;
j Councllmen, George Scnuller, N. W. Ram
! sty and George T. Huffman. The hold
overs are John Laurcntzcn and J. A. Mil
ler. Outside of Mr. Huffman the saloon
clement elected Its ticket.
At North YnUIma.
FORTH YAKIMA, Wash., Dec. 3.
lnere was but one ticket in the field here,
and no Interest was taken In the city elec
tion today. Not cne-fourth of the voters
SBmf - JS8
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registered went to the polls. The ticket,
was non-partisan. Folowing are the of
ficers elected:
Mayor. O. A. Frehter; Clerk, H. B.
Doust; Treasurer, Charles Donovan; AU
torney, Vestal Snyder; Health Officer Dr.
Frank; Councllmen, Harry Moran, J. C.
Liggett. E. J. Wyman, W. E. Ayres.
At Rockford.
ROCKFORD, Wash., Dec. 3. As a re
sult of today's election the following offi
cers were elected: Mayor, D. C. Farns
worth: Councllmen, long term, A. M. Wor
ley and A. L. Johnson; short term, Ole O.
Hegna; Treasurer, H. W. Collins.
At Spangle.
SPANGLE, Wash., Dec. 3. The follow
ing ticket was elected today: Mayor, E.
W. Whitney; Councllmen, R. W. Butler,
T. Y. Richardson. E. C. Rohweder, Frank
Gildea; Treasurer, W. E. Hoxey. There
was no opposition ticket.
At Pullman.
PULLMAN. Wash., Dec 3. Tho most
closely contested city election in the hls-
Succeeds Himself
as Mayor of
Oregon City.
OREGON CITY. Dec 3. Grant B.
DImmlck. who was re-elected Mayor
of Oregon City yesterday. Is a na
tive n of Oregon, and wa born at
Hubbard, Marlon County, March 4,
I860. He was raised on a farm, and
received his education at McMlnn
villo College and at the Monmouth
Normal School, from which Institu
tion he was graduated. Five years
ago he came to Oregon City, and be
gan the practice of law. He has al
ways taken an active part In poli
tics, and Is the present secretary of
the Republican County Central Com
mittee. He will go before the con
vention next Spring as a candidate
for County Judge. Opposing him
will be County Judge Thomas F.
Ryan, who is a candidate for re
election. Both men have active sup
porters, and tho contest will be any
thing but a onc-sldcd one.
M h 0 e u
tory of Pullman was held today. The
law and order ticket re-elected P. T. Da
vis Mayor by five votes. It also elected
Wilford Allen to be Councilman-at-Large;
F. E. Hawley, Councilman two years;
H. E. Palmerton, law and order, and J.
B. Sanborn, citizens, tied for Councilman
for two years. The Citizens' ticket elect
ed William Swain Treasurer; James
Clark, Clerk; P. W. Kimball, Attorney;
Dr. G. B. Wilson, Health Officer, and
Archie White, Councilman for two years.
At Chehalls.
CHEHALIS, Wash., Dec 3. The fol
lowing were chosen at today's city elec
tion, without opposition:
Mayor, Francis Donahoc; clerk, W. A.
Westover, attorney, Daniel Millett; treas
urer, H. B. Coffman, Councllmen. two
years, N. B. Coffman, A. C. St. John; one
year, Dan Wisner. to fill vacancy.
The only contest was for councilman-at-Jarge,
John West defeating F. M. Stoy
by vote of 63 to 32. One hundred and
fourteen votes were cast. The proposi
tion to establish a free public library was
defeated. Politics did not figure in the
result.
At Centralia.
CENTRALIA, Wash., Dec. 3. The Cen
tralia city election passed off quietly to
day. Less than half of the registered vot
ers turned out. The following arc the suc
cessful candidates:
Mayor ,E. R. Zlmmer; Treasurer, P. R.
Stahl; Clerk. W. O. Bennett; Attorney. J.
R. Buxton; Councllmen First ward, L.
Bar and C. C. Henderson: secotjd ward.
E. V. Blocmfield and H. H. Tilley: third
ward, George MIKer and Edward Nelson;
councllman-at-largo, F, D. Harm.
At Colfax.
COLFAX, Wast.. Dec. 3. The Citizens'
ticket was elected today, as follows:
Mayor, Julius Lipplt; Clerk, Howard
Bramwell; Treasurer, H. D. Deplcdge;
CouncIlman-at-Large, H. H. Wheeler;
City Attorney, Thomas Nclll; Councilman
from First Ward, F. D. Lomasson: Sec
ond Ward, William Dumdi-Third Ward,
E. R. Barroll.
At Pnlonse.
PALOUSE, Wash., Dec. 3. The entire
Citizens' ticket was elected here today,
ae follows: Mayor, C. E. Frederick;
Clerk, J. L. Follansby; Treasurer. G. D.
Klncaid; Councllman-nt-Lnrge. II. C. Dc
beaumont; Councllmen from East Ward,
D. J. Ross and W. G. Breed; Councllmen,
West Ward, P. V. Morris and G. S. Grit
man. Republicans "Win at Olympin.
OLYMPIA, Wash., Dec. 3. The munici
pal election today was an overwhelming
Republican victory. C. J. Lord, Repub
lican, has 199 majority over Charles R.
Talcott. the citizens' non-partisan candi
date, and every other Republican candi
date Is elected by similar majorities.
There were 47 votes cast.
At Kalnrua.
KALAMA, Wash., Dec. 3. At the elec
tion held yesterday for three Councllmen
to serve two years, and a Treasurer to
serve one year, the following persons were
elected: Treasurer, Dr. L. M. Sims; Coun
cllmen, D. J. Sullivan, E. Carlson, C. Kal
ahan. At Rltzvlllc.
R1TZVILLE, Wash.. Dec 3. Today's
election resulted as follows: Treasurer,
F. B. Shipley, reelected; Councllmen, 1.
W. Meyers, H. A. Bier and John Bovee.
"WATER RIGHTS DEFINED.
Supreme Court Decision Which At
fects the Entire Wenas Valley.
OLYMPIA, Wash., Dec. 3. A case which
affects the irrigation of the entire Wenas
Valley, in Yakima County, was decided
by the Supreme Court today. This valley
is about 10 miles long and from 1 to 2V
miles wide. David Longmlre, the plain
tiff and appellant, brought suit to enjoin
Richard Smith and Marr Smith and about
0 other defendants from diverting the wa
ters . of the Wenas River In irrigating
their lands. The Superior Court decided
that during the dry season beginning June
10, Longmlre should have entire use ot
the water for a specified number of days,
and that the defendants should then have
the water for a few days, and so oh al
ternating. The Supreme Court reverses
this decision except as to one defendant,
D. T. Qulnn, and remands the case for the
taking of further evidence as to the
amount of water required by (julnn, and
the amount required by Longmlre. The
court says:
It is an elementary principle of law, In
appropriation of water for irrigation pur
poses, that the first appropriator is enti
tled to the quantity of water appropriat
ed by him to the exclusion of subsequent
claimants by appropriation or riparian
ownership."
The record In the case is very lengthy,
the findings of facts taking S00 typewritten
rollos. The principal point Involved was
the priority or appropriation which could
be decided only by the evidence. A per
petual injunction against all defendants
but Qulnn is granted in favor of Long
mlre. Committed to the Asylum.
SALEM, Dec 3. Henry Williams, a
laborer of this city, wis committed to
the asylum today.
LUMBERMEN TO COMBINE
PACIFIC COAST REDWOOD DEAL
ERS PROPOSE TO UNITE.
Firms In -the Deal Practically Con
trol the Ontpat of California
Plans of the Trust.
SAN FRANCISCO. Dec 3. The Chron
icle says a big combination of the redwood ,
lumbermen of thA ParJfl r.nnxt lt in.
course of formation. For some tlmo the
redwood manufacturers have had a union
or association for their mutual protection
in the local trade, but now it is proposed
to broaden the organization by employing
a selling agent to represent all those in
the combine. The intention is to expiolt
the East and Europe for the redwood lum
ber trade.
Among the 16 companion reported to be
Interested In the deal are the Albion Lum
ber Company, the Caspar Lumber Com
pany, the Eel River Mill & Lumber Com
pany, the Harmon Lumber Company. C.
A. Hooper & Co., the Humboldt Lumber
Mill Company, the Mendocino Lumber
Company, the "Usal Redwood Company,
the Vance Redwood Lumber Company,
and the E. K. Wood Lumber Company. An
adjourned meeting of those interested
will be held next Monday.
In the meantime a form of agreement
will be submitted to the 16 manufacturers
for their approval or rejection. As these
16 companies control the redwood output
of Mendocino, Humboldt and Del Norte
Counties, their decision will be final.
WENT DOAVX "WITH FERRY-BOAT.
Man Glvlnjr Portland as His Home
In San Francisco Bay Collision.
SAN FRANCISCO. Dec. 3. Raymond
Walsh, of Portland, Or., has not been
seen since he stepped aboard the ferry
boat San Rafael Just before sho started
on the trip that ended in the collision
with the Sausallto. He intended to visit
friend3 in San Rafael. Lorenz Schnell.
who was a passenger on the San Rafael
and got on the Sausallto after the col
lision, thinks that he saw two men lose
their lives. Both jumped for the Sausa
lito. but fell Into the water. One sank
immediately and was not seen again, "the
other caught the rail of the Sausallto and
Schnell tried to draw hfcn on board. The
man was heavy and finally his hands
slipped through those of Schnell and he
disappeared from sight In the water.
Yet he left unconsciously behind him In
Mr. Schnell's hand the probable means of
establishing his Identity. On his left hand
were three rings that were detached from
his fingers as they slipped for the last
time through Schnell's grasp. One of
these is a plain gold band, obviously a
wedding ring, perhaps the gift of his
wife. It Is inscribed on tho inside with
the Initials "J. M., F. C, April 27. 187S."
Another ring Is in scrolled gold with the
word "Regard" engraved on its outer sur
face, and the third bears the initials "J.
M." The letters are in German text.
Mr. Schnell says tho owner of the rings
appeared to be an educated man and was
well drcs-ed. He wore a beard, was tall
and weighed about 200 pounds.
(The name of Raymond Walsh does nt
appear In the new directory, and In It
there are the names of 25 people named
Walsh.)
Carr's Fences Reins Torn Down.
SAN FRANCISCO. Dec 3. United
States Marshal Shine returned from Mo
doc County today, where he has been
directing the destruction of Jesse D.
Carr's stone fences, which had been
placed around Government land. There
are 40 miles of this reminder of New Eng
land thrift to be torn down but he Jeft
Deputy Marshal Gamble in charge and
states that no opposition Is being offered
to this order of the court.
Indian Lnnil Surveying Contrnct.
OLl'MPIA, Wash., Dec. 3. Surveyor
General Kingsbury has just received in
structions from Washington to award the
contract Tor surveying the Quinault Indian
reservation. In this state, to Geprge S.
Campbell, of The Dalles, Or. The accept,
ed hid is at the rate of $12.93 per mile on
all claescs of lines run, and the total lia
bility of tho contract Is about JIO.GCO.
Campbell Is authorized to appoint two
compassmen. The bids for tho work were
opened September 30. and were 12 in num
ber. The contract will call for the com
plctlon of the work by next December, but
it Is not considered probable that it wilj
be finished by thnt time, and the contrac
tor will find no difficulty In getting an ex
tension of time.
Everett Brevities,
EVERETT, Wash.. Dec. 3. J. P. Brown,
a stranger, victimized six business houses
here of fCCO bv passing checks forged on
the firm of Rydstrom & Goerlg.
L. W. Masson. of St. Louis, was held
up by foptpads tonight and robbed of 5103
and a silver watch.
John O. Anderson was run over by a log
train today, from which he fell, and
killed. He was an e:nn'oyc of the Port
Susan Lumber Company.
Mrs. Florence Angelina Batchelder la
under arrest here, charged with having
stolen 57CO worth of jewelry and a silk
dress from Mrs. RusfcII Burnett, of Mon
roe, with whose husband she admits hav
ing run away to Seattle from fear that
Batchelder would carry out a threat to
kill her.
Brook Becomes a Rnglnp; Torrent.
VANCOUVER B. C, Dec. 3. The
breaking of a log Jam has transformed
Seymour Creek, across the harbor from
Vancouver, Irom a placid little brook Into
a raglnsj torrent. Long-continued raln
broke the log jam. Trees 200 feet high
were uprooted and carried down with such'
velocity that a barn was swept away, one
horse was drowned, another killed and its
body burled under six feet of debris, while
cows, shrep and poultry were alEo victims
of the flood.
Unknown Man Commits Suicide.
OLYMPIA, Dec. 3. An unknown man
committed suicide In a lodging-house In
this city some time during last night.
He burned all of his letters and papers,
and his clothing has no mark or ini
tials of any kind. He evidently had tak
en off his coat, sat down before a mirror
and, placing a 41-callbcr Colts revolver to
his forehead, pulled the trigger. No one
heard the shot and the body was not dis
covered until this morning.
Smallpox at Vancouver.
VANCOUVER, Wash.. Dec. 3.-ConsId-crablc
excitement was caused here today
by the report of a case of smallpox. The
case was reported by City Physician Wall,
who pronounced the case as genuine. The
patient's name Is Sprague. and he came
here today from the Copper Creelc mines,
30 ml!es distant, where he went a week
ago from Pendleton, Or.
"GARLAND" STOVES AND RANGES
Awarded first prize. Paris Exposition. 1300.
Your'e
Sfiws' NSs. f h
avoided by
fEAK.LlWlL,
WM7A
"
iBW ojcw . iiu.ii. aiikitoui, u.uu music mieik
r you use PEARLINE. Facts never disproved.
1 ssSs i?ssSS:
!tPI8tS-
( Peeq-lire Me
i SHOOK TO THE COMMUNITY.
The Coroner's Verdict
I bad just sa!d good bve to him, and
he ran down the steps from my office
laughing, throwing a joke over his
shoulder as he went. He looked the
picture of health and strength. Ten
minutes later I was called to where he
lay rind and silent on the sidewalk-.
His life had been snuffed out like a
candle." That was a friend's testimony
t-r . . . ..J
before the coroner. The verdict of the
coroner's jury was "Died of heart fail
ure." The next day the press chronicled
the sudden taking of a well-known citi
zen under the familiar head of "A Shock
to the Community." Then the "street"
soon ceased to remember the man so
swiftly taken away.
This is no fancy sketch. Every day
deaths occur in some such manner
deaths attributed to heart failure by the
medical profession. Cold science" ha3
ridiculed the idea of dying of a broken
heart. Hearts don't break says science.
But it has to admit that
HEARTS BREAK DOWJT.
A man who has a valuable engine,
gives it a good track to mn on, tests its
capacity and keeps well inside it, keeps
it always properly lubricated and does
all that is possible to get the best results
with least friction. Suppose the man
ran his engine careless of the water in
the boiler or the fuel under the engine
md regardless of the steam gage. Sup
pose he crowded the engine up grade,
and coupled an extra car or two to the
train he was pulling, regardless of the
fact that he was putting every ounce of
strain on the engine it could benr. What
would you expect ? A break down. En
gine failure.
Heart failure comes that way. The
heart is little larger than a man's fist and
Is the most wonderful as it is the most
delicate of organs. In each twenty-four
hours the dual heart moves approxi
mately six tons of blood, which is equiv
alent to about two barrels of blood every
hour, and this withoutrest or. pause. frout
the firs't breath oFinfancy to the last sigh
of old age. What can you expect when
a man eats regardless of the nutrition
which feeds the heart as well as every
other organ of the bodv? What can you
expect when he crowds this delicate en
gine to the uttermost, but what happens
break down, heart failure. And the
tragedy of heart failure will continue to
be repeated until men are warned of
the peril of overwork and inadequate
nutrition.
"WEAK HEARTS "
are growing too common, and the means
of establishing a healthy heart action at
the same time increasing the entire phy
ft Sold by all dealer.
3 ijrurtiitaatr. Jpply ij'alrUlj-. TcrniliVral.
3 FRANK LESLIE PUBLISHING HOUSE,
'4 (EtutlUba! 1?J5) 141-147 Filth Ave.. N.Y.
TSS WlaiJiityViir,fa2!iS!31F.,:
ill 4y W
gifer pfA 1
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W? Af VI
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t.a a a iv- ve-i-c-sseB ijh
i$r -fA " &m&i ft34a
iliifeCHfi sty
1$
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iuHHXHSXu23ZJ.K2IE&3. t
killing 1
two bird3 with one stono when. yoi iise w
PEARLINE. "Work" and "Wear" are both S
welshing without ribb!nrj,-tho
wixy. More economy. You
iv3 uiiimuik bense, jp-io-a3Lie way 01
getting things clean is the 660
(?
EssaEzsu:
sical capacity, should be interesting to
everyone.
n I had been troubled with heart trouble
and catarrh of the stomach," writes Mr.
W. D. Merchant, of Tylersburg, Clarion
Co., Penn. "Had doctored for some
time without relief, then I began to takrt
Dr. Pierce's Golden Medical Discovery.
I took seven bottles. Before I began to
take it weighed ng pounds, and now I
weigh 176. I am working steadily and
feel like a well man. I send you many
thanks."
Dr. Pierce's Golden Medical Discovery
is a medicine specially designed to cure
diseases of the stomach and other organs
of digestion and nutrition and to purify
the blood. But the ingredients which
enter into the "Discovery" include one
of the best heart tonics known in medi
cine. So while "Golden Medical Dis
covery" cures the diseased stomach, it
strengthens the heart and enables the
pumping of an adequate blood siipply to
the stomach and kidneys thus improving
the action of these organs.
"I was in poor health,
when I commenced taking
Doctor Pierce's medicine,"
writes Mr. Elmer Iawler,
of Volga, Jefferson Co., Ind.
"I had heart, stomach and
lung troubles. Was not able
to do any work. I had a
severe cough and hemor
rhage ef the lungs, but af
ter using your medicine a
while I commenced to gain
in strength and flesh, and
stopped coughing right
away. I took about six bot
tles of the ' Golden Medical
Discover.' I feci like a
different pcTson. I gladly
recommend your medicine
to all sufferers, for I know
it cured me."
Physical strength is made
from food zropcrly digested
and assimilated. " But the
sum of physical strength is
made up of the strength of
each physical organ. A
man's strength is made up
of heart strength, liver
strength, kidney strength,
lung strength, etc., in ccm
bination, and all this
strength is created and sus
tained by the nutrition derived from
food. Hence it is easy to see that when
the stomach and its allied organs arc dis
eased and the nutrition of the body is re
duced, that the consequent weak body
means weakness of its organs, "weak"
heart, "weak" lungs, "weak" kidneys,
etc And when "Golden Medical Dis
covery" has cured diseases of the stom
ach aad digestive and nutritive tracts,
strength comes back to the body and
its several organs in the only way which
strength can be made, that is by the
nutrition derived from febd properly di
gested and assimilated. Hence diseases
of heart, liver, lungs, kidneys and other
oigans are cured by "Golden Medical
Discovery" when as is frequently the
case these diseases have their origin in
the diseases of the stomach and other
organs of digestion and nutrition.
Sick people are invited to consult Dr.
Pierce by letter free, and so. obtain thf
medical opinion of a specialist withou
cost or fee. All correspondence held a
strictly private and sacredly confidentia'
Address Dr. E.. V. Pierce, Buffalo, N.
The motive for substitution is to el
able the dealer to make the little moe
profit paid on the sale of less meritorios
medicines. When a dealer offers a sub
stitute medicine claiming it to be "jut
as good " as n Golden MetlloalDiscoverv'
remember that he is the only person w?o
can possibly profit by the substitution
His profit is your loss.
DON'T BOY ONE.
Don't buy a medical work when yot
can get one free. Dr. Pierce's Commoi
Sense Medical Adviser containing mon
than a thousand large pages and ove
seven hundred illustrations is sent fre
on receipt of stamps to paj' expens
of mailing only. Send 31 one-cen
stamps for the volume in cloth hint
ing, or only 21 stamps for the boo:
in paper covers. Address Dr. R.
Pierce, Buffalo, N. Y. j
Co9s FARING
Twenty food pro
ducts are sold by
i The H-O Company
under its guarantee h
V1
f of absolute perfec-1
tion. The leader
H-O (Hornby's
Steamed Cooker
2 Oatmeal) has mad
the American Breal
fast famous
all over
the world.
it is a parasite:
That Canfiei Itching Scnlp.andrna.
-ntl Finally, lulllngr ilr.
The Itching scalp, the falllnhalr and
tho dandruff that annoys are s work of
a parasite hidden In the scalpJThat par
asite must be killed to curdar.druiT:
and the only preparation that H do that
Is Newbro's Ilerplclde. "Utroy the
cauae. you remove the effect.
C. H. Reed, of Victor, iao, says:
"Mj i-;lf and wife had dandrx and fall
ing hair several years. Twbottles of
Newbro's Ilerplclde complete cured us.
after several other hair prepttlons had
failed to do good." Makciair grow
glossy and soft as silk. HunHls of otn
er testimonials just as stro
kv I .1
ST' ' VVjm TV. . . T (no C!f
!rvl . iTO. Ai iJle ': J" iilJIJtt
v -vv vi-srx
Bestlfest. Most
onvenlent.
fateuted.
fi
J;j.r-..T -ut f.rll. . ytSV -x"
:tMnnn,k c.tpy'y tfc3 fiW5' fV5
OL..T, bntfrrt 6tam? for 11- fif "'to
lnxir! b. ok orolnl.lt citm
full iw!irtilai4(UBl ,'re-lirn-vln--
vtM.tnl'ri- Mrtl vl.m
5!W Mission St.. San FrancIsT
For sale by "tVoodard. Clark -o aad dru.
sUtx senenlly.
ItO
n
1
jm
ng
a ? v .U& te Interested as-caK'-amr
l fL. -UU ahohctvonderfol
ft vtS xX'imS 4iILtVl:nn d-v-v
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