Morning Oregonian., December 13, 1901, Page 4, Image 4

THE MOUSING ' OBEGOXIAft, " FRIDAY, DECEMBER 13, 1901.
fflAT DAVIS DEFALCATION
DID EX-STATE LA1CD BOARD SEE
THAT THE LAW WAS OBEYED?
Judee Boise's Decision Shows Wic
Moral Responsibility for This
Costly Experience Lies.
SALEM, Dec 1Z The State of Oregon
has been defeated in every effort to re
cover the $30,000 stolen by George W. Da
vis from the state school funds. Davis
was clerk of the State Land Board, and
when he went out of office July 21, 1S95,
he failed to turn over to his successor
nearly $30,000 of the amount collected by
him in his official capacity. The State
Land Board under which Davis was ap
pointed fixed his bond at $5000. The board
was composed of Governor Pennoyer, Sec
retary of State McBrlde, and Treasurer
Metschan. The bond was furnished by
Davis, with George G. Bingham and E. P.
McCornack as sureties.
The embezzlement of funds by Davis
was not discovered until February, 1901,
nearly six years after Davis went out or
office. A few months later Attorney-General
Blackburn began an action against
the bondsmen to recover the $5000, which
was all of the sum the bondsmen were
liable for. Before the case came to trial
a stipulation of facts was entered Into be
tween the Attorney-General and the
bondsmen, wherein it was agreed among
other things that the defalcation occurred
prior to December 3L 1S94. This would be
more than six years prior to the com
mencement of the action. This stipulation
precluded any question as to whether the
defalcation dated from the time Davis
went out of office and left only one ques
tion to be decided whether the bond out
lawed in six years. This question was
presented before Judge George H. Burnett
and was decided in favor of the defend
ants, Bingham and McCornack. The de
cision could not have been otherwise, roT
the Supreme Court had recently decided
that such a bond or undertaking is an In
strument against which the statute of lim
itations runs out in six years. The case
against Bingham and Davis was practi
cally decided when the stipulation of
facts was filed, for the decision of the Su
preme Court in the case of Multnomah
County vs. Kelly, 37 Oregon, 1, governed
the legal status of the bond.
Suit A&alnst Pennoyer Board.
Late last August Attorney-General
Blackburn began a suit against Pennoyer,
McBrlde and Metschan, as members of
the State Land Board in charge of the
school funds at the time the defalcation
occurred, to recover from them the full
amount of the defalcation. This suit was
based upon the theory that the constitu
tion of the state makes the Governor.
Secretary of Staje and State Treasurer
trustees 61 the school funds: that the
clerk appointed by them is their agent,
and that they are responsible for his mal
administration of his office. The com
plaint against the Pennoyer board charged
that the board was negligent In not re
quiring the clerk to pay money into the
state treasury promptly, as required by
law.
As this suit was not commenced until
six years after Davis went out of office it
is probable that the state's claim, if any,
would have been outlawed. But the case
did not get far enough along to test it on
this point. The defendants Pennoyer and
Metschan filed motions asking the court
to strike out of the complaint all those
allegations which made Davis the agent
of the board or that made the board lia
ble for his misdeeds in office. Their con
tention was that since the Legislature had
authorized the appointment of! a clerk
whose duty it should be to collect mon
eys due the school fund and pay the same
to the Treasurer, the board had no fur
ther responsibility for this work. In other
words, they contended that the clerk was
the agent of the state and not their agent,
and that any allegations to the contrary
were sham and frivolous and should,
therefore, be stricken from the complaint.
As the liability of the board for Davis
acts was the sole ground upon which the
state based its claim, these allegations
were of vital importance and a decision
upon the motion would virtually decide
the case. The motion was argued before
Judge Boise and a decision was rendered
yesterday in favor of the members of the
Pennoyer board. In rendering the deci
sion Judge Boise said:
Board Not Liable.
"The only question presented is whether
Davis was the agent of the board, and the
board was responsible for his acts. The
constitution makes the three officers the
Board of Commissioners for the sale of
school and university lands and for the
Investment of funds arising therefrom,
and provides that they shall administer
the trust as shall be provided by the Leg
islature. There is no question here in
the pleadings whether the law creating
the clerk of the board Is in accordance
with the constitution. The proceedings
here assume the legal appointment of the
clerk, so the constitutionality of that law
is not involved.
"The Legislature passed laws at vari
ous times, providing for the performance
of the functions of the state officers.
Though the board has authority to watch
over the office of the clerk, the board
must act in accordance with the laws pro
vlded by the Legislature. The Legislature
provided for a clerk of tha board, and h
was appointed according to statute. That
statute Drovldes that the clerk shall col
lect all moneys, receipt for them, and pay
them to the State Treasurer. They are
not to be paid to the board, or the com
missioners, but direct to the State Treas
urer. The funds, if the law is obeyed,
never go to the board, the law providing
that they be paid to the Treasurer. The
clerk Is responsible directly to the state
and not to the State Land Board. Th?
members, of the board should look after
the clerk to see that the law is obeyed.
but they are not responsible for the col
lection of the money."
This decision, while relieving the mem
bers of the board from financial liability
for a defalcation made possible by their
failure to "see that the law is obeyed, '
haves room for question whether the law
creating the office is not unconstitutional.
As this question was not presented. Judge
Boise did not decide It.
The Moral Responsibility.
The statement by Judge Boise that It Is
the duty of the board to see that the clerk
performs his duty shows where the moivu
responsibility for the Davis defalcation
lies. The clerk of the Land Board has
never been required to comply with tne
law, even In Important particulars. Until
the discovery of this defalcation the bond
of the clerk was fixed at only $5000. though
he could have embezzled 20 times that
aum under such methods as were pursued
at that time. The clerk made his pay
ments to the State Treasurer as "prompt
ly" as he pleased, and no one took the
pains to inquire whether he ever turned
over all the money. Since the discovery
of the Davis defalcation the clerk's bond
has been Increased to $20,000. and a month
ly settlement with the State Treasurer Is
required. Still the law is not and never
has been complied with, so far as con
cerns the requirement that "all" the mon
ey due the school funds shall be collected
by the clerk. The clerk never collects a
dollar of the money due on loans, though
the law expressly says that he must do so.
such moneys are paid directly to the State
Treasurer. That the practice In vogue is
the only proper one there can be no doubt,
but that it Is in violation of law is also
unquestionable.
Incompetent Legislative Clerks.
The termination of this suit, thus deter
mining that the state cannot recover a
single dollar of the sum stolen from the
school funds, leaves the state somewhat
wiser, though at a considerable cost for
the experience. If the special clerks em
ployed by the Legislature to Inspect the
books of the Land Department had per
formed their duties faithfully, this defal
cation would have been discovered in 1S95,
when tne state could at least have re
covered the $5000 due on the bond. The
employment of Incompetent clerks wno
are permitted to draw pay without work
ing Is a practice that has already been
abandoned to a great extent and the les
son learned by this loss to the school fund
should lead to a radical and complete
reform in this regard.
LETTER TO HOPGROWERS.
Oregon Association on tlxe London
Shipment of Pooled Hops.
SALEM, dr., Dec 12. The executive
committee of the Oregon Hopgrowers'
Association today issued a statement
which shows, among other things, the
relations existing between the associa
tion and Mr. Durst. The letter is signed
by W. H. Egan, president; James Wln
stanley, secretary, and M. L. Jones, con
stituting the executive committee, and
will be of particular Interest since Mr.
Durst has denied having any relations
with the association. The letter .follows:
Lest certain items disseminated by the press
may be misleading, we desire to state that
the proceedings in the formation of the Lon
don shipment of pooled hops have been entire
ly harmonious and unanimously acquiesced In.
Of the hops in the pool, more than five-sixths
have been secured from stockholders of the
Oregon Hopgrowers Association. These grow
ers are not worrying, believing their interests
to be well protected by their contract formu
lated and agreed upon by the Oregon Hop
growers Association and Mr. Durst, who has
advanced 9 cents per pound without recourse,
to each individual grower having hops in'
pool; also by having one of their number.
Francis Feller, who Is ono of the directors
and the treasurer of the Oregon Hopgrowers"
Association, associated with Mr. Durst In
the sale of the hops in London. Mr. Feller
Is a pioneer farmer and hopgrower, and one
of the heavy taxpayers of Marion County.
The growers In the pool have the utmost
confidence that Mr. Feller will spare no palm
to make this shipment a success and see .that
every grower Is treated fairly and impartially.
We also believe that it Is the fullest Intention
and the highest Interest of Mr. Durst to get
the best market price for these hops so as to
make good returns on the entire lot. Many
growers think the results of this pool .will bf
so satisfying that a much larger shipment
will be made next season on a similar plan.
FUNERAL OP OREGON VOLUNTEER.
Harry Rogers, "Who Died at Manila,
Bnrlcd at Corvallls.
CORVALLIS, Dec 12. The funeral oc
curred here today of Harry Rogers, late
member of Company M, Second Regiment,
Oregon Volunteers, who died In the Phil
ippines May 9, 190L The body arrived on
the afternoon train, and the interment fol
lowed at once in Crystal Lake cemetery.
The deceased enlisted with a number of
Corvallls boys at Woodburn, July 2, 1S9S,
and two days afterward left with the
regiment for San Francisco. The 23d day
of October following he sailed for the
Philippines, and on Thanksgiving day
landed at Manila. He was with the Ore
gon Regiment In all Its campaigns, pass
ing through the Pasig campaign, and took
part In the battle of Malabon. When tfcs
time came to return home he elected to
accept the $400 travel pay allowed by the
Government in lieu of coming home, and
remained la Manila to accept a position in
the Government printing office, where he
remained until he died. His death was
from dysentery. He was aged 32 years 11
months and 12 days, and most of his life
was spent in Corvallls.
WILL SPEND FIFTEEN MILLIONS.
"Western Syndicate to Develop Its
Copper Mines In California.
SAN FRANCISCO, Dec. 12. It is an
nounced that an Eastern syndicate, which
has acquired extensive iron mines 'in Ma
dera County, in this state, proposes to ex
pend about $15,000,000 In their development
and the erection of smelters and a steel
plant. A shipyard for the construction of
steel vessels may also be established. In
addition, a railroad, to be called the Cal
ifornia Midland, is to be built from the
mines to some point on San Francisco
Bay. This will cost $6,000,000, and the
work of construction will begin early
next year. This Information is given to
the Chronicle by General W. H. H. Hart,
a prominent attorney, who represents the
syndicate, the members of which are not
named.
Oregon Mining Stock Exchange.
Yesterday'a quotations:
. , . Bid. Asked.
Adams Mountain 414 5
Astoria-Melbourne 15' 49
Bronze Monarch lV 15
Buffalo -l 3
Copperopolls iqu
Champion 14 50"
Carllou 1?. -jit
Gold Hill & Bohemia flTt i
Huroulan &Z ott
Lost Horse s 41,
Oregon-Colorado M. M. &. D 2 26
Riverside 2'fc 4
Sumpter Consolidated 2$ 414
Sales: n '"
1000 Riverside 3
SPOKANE, Dec. 12. The closing quotations
of mining stocks today were:
. Bid. Ask. I Bid. Ask.
Amer. Boy .. Ss 10 (Morrison 2 -Ji-
Blacktail ....1014 lOfttf'rln. Maud ..2 2C
Costal ...... GVQullp 25 2S
Deer Trail .. 2 "li, Hamb. Car ...Gl CT,
Gold Ledge .. 2 2,'Itepublic 4 4K
L. P. Surp... 57i f,K&ervation .. UK 3.
L. Dreyfus ..at 4 . Sullivan tVi 1H
Mtn. Lion ...2GJA 27VTom Thumb ..lOVi Nfli
Morn. Glory.. 1$4 2iTrade Dollar.. ... G
SAX FRANCISCO, Dec 12. Official closing
quotations of mining stocks:
Alta $0 0T. Mexican $0 13
Belcher 12Occldental Con ... 3
Best & Belcher... 12iOpllr GG
Bullion 2 Overman 2
Caledonia 15lotoM 3
Challenge Con ... j Sa-age 3
Confidence DuiSlerra Nevada ... r.
Con. Cal. & Va... 1 Otf'Silver Hill 2'J
Crown Point ljStanUard 3 50
Gould Sz Curry... -JJUnlon Con 3
Hal & Norcroas. 13iUtah Con 0
Justice lVellow Jacket 5
NEW YORK. Dec. 12. Mining stoeka today
closed as follows:
Adams Con $0 20!LIttle Chief $n 12
Alice 45'Ontario $ 00
Breece 15,Ophir 00
Brunswick Con .. 7iPhotnIx 7
Comstock Tunnel. PotosI 2
Con. Cal. & Va... 1 Sit Savage 2
Deadw otd Terra.. Wi Sierra Nevada ... 0
Horn Silver 1 :u Small Hope 40
Iron Silver OO.Star.dard 3 00
Leadvllle Con ... fii
BOSTON. Dec 12. Closing quotations:
Adventure $ 21 rmiOld Dominion ..$ 23 75
Allouez 4 50 Oeeola S7 00
Amalgamated .. 07 b7 Parrott 31 25
Baltic 330Quincy 150 00
Bingham 27 5( fcanta Fe Cop... 3 25
Cal. & Hecla... G10 O-j Tamarack 2S 00
Centennial 14 00 Trinity 14 75
Copper Range .. 57 W United States .. 14 12
Dominion Coal. 46 G2 Utah 1!) 75
Franklin 14 0U Victoria 5 S7
Isle Royale .... 20 On .Winona 2 00
Mohawk 30 25 Wolverines 53 00
Golden Standnrd Bought Brtclc.
GRANT'S PASS, Dec 12. It is report
ed on good authority that the Golden
Standard mine In the Ward Creek dis
trict, which was purchnsed a few months
ago by Seattle capitalists for J90.O00, has
been bought back by Kubli brothers, the
former owners. The consideration of the
re-purchase is not known.
Fnrmcrs "Welcome the Snow.
LA GRANDE. Or., Dec 12. The Grand
Ronde Valley Is now covered with snow
to the depth of about four Inches. The
snow Is welcomed by all farmers, as It
will be of great benefit to next season's
crop. It will also prove of benefit to
stockmen, though it has caused them to
alter their plans. Up to December 10 no
feeding had been necessary. Now, how
ever. It is necessary to feed a limited
amount In the mountains the snow Is
not yet decp enough to be of value to
trj logging interests.
The poultry breeders of Union County
will meet here Saturday to organize an
association.
Everett Brevities.
EVERETT. Wash., Dec. 12. The Stale
Convention of the Y. M. C. A. meets
here tomorrow.
Charles and A. p. Cato, brothers, met
in Everett today after a separation of
20 years, during which time they had
not heard of one another. Both resided
here for a year without knowing of the
other's presence, A. O. supposing Charles
still in Sweden.
IMPROVING UMPQUA.RIVER
NEW- 'BOOM COMPANY GETTING
KEADY TO RUN LOGS
Erccticra of -Several Large Sawmills
Is Contemplated Eastern Capl- '
talists Arc Interested.-
ROSEBDRG", Dec 12. The Oregon
Boom & Timber Company, recently incor
porated here, has had the Umpqua River
and its branches thoroughly surveyed,
and the work of clearing out obstructions
Is now under way. A force of men Is
at work blasting out such rocks as would
Interfere with the successful floating' of
logs. The work will be continued untit
the river gets too high, and resumed
again In the Spring.
The company, which is backed by East
ern capitalists, contemplates erecting sev-
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THOROUGHBRED SHORTHORN, CICELY, FROM QUEEN
VICTORIA'S FARM.
Cicely is a thoroughbred Shorthorn cow, bred at Queen Victoria's farm at Windsor, England. She was Imported by W. D.
Flatt, of Ontario. Canada, and exhibited at the recent International Livestock Exhibition at Chicago, where she 03 sold to J.
G. Robins & Son, of Horace, Ind.. the price being $5000. She is one of the beat cows evor brought to America, and had no dif
ficulty In winning the first prize at the Chicago show. She was one of Queen Victoria's pets, and was admired by many Eng
lish stock breeders.
Wood's champion Hereford bull, Protector, was also one of the attractions at the Ehow, selling at the rate of 50 cents a
pound.
)HMMMMHMM,MMttM MnMMMHMHMMMMM-MMO
eral large sawmills at different points
along the Umpqui River. Timber will
also be handled for other men or com
panies. The plans of the company are
the most comprehensive of any yet un
dertaken for the development of the tim
ber resources of this portion of the state,
and considerable money having already
been expended, gives good foundation for
the belief that extensive operations will
be put under way early the coming year.
OREGON LAND DECISION.
Tract of Land Affected Is In the
Oregon City District.
OREGON CITY. Dec. 13. The local land
oHicer today received notice that the Sec
retary of the Interior had reversed the de
cision of the Commissioner In canceling
the entry of J. A. Everest in a contest
brought by Mrs. Leon S. Hencock. Thlo
was a case In which the tract In question
was formerly embraced in the homestead
entry of Leon S. Heacock, the divorced
husband of the contestant. Heacock made
entry of the tract June 21, 189S. which was
canceled by relinquishment May 9, 1&00,
the same day it was entered by Everest.
Sadie Heacock then filed a contest against
Everest's entry, alleging in substance that
she, with her five minor children, haa
lived on the land since the date of her
divorced husband's entry, and has Im
proved and occupied it continuously, to the
date of the tiling of the contest, except
during five months, because she believed
that her life on the claim was in peril;
that the contestee confederated and con
spired with her husband to prevent her
from acquiring any right to any portion
of said claim, and procured from the .said
Heacock a relinquishment of the land.
The local officers divided In opinion. Reg
ister Moorcs recommended that the con
test be dlsmlaied and Receiver Galloway
recommended that the entry be canceled
and that the protestant be awarded the
preference right of entry. Commissioner
Hermann, of the General Land Office, af
firmed the action of the Receiver, and the
defendant appealed.
In his decision Secretary Hitchcock
says: "The evidence -shows beyond ques
tion that the contestant was not a settler
on the land and had no residence upon it.
either actual or constructive, at the tlmf
that Heacock's entry was canceled, and
when Everest made his entry. She was
not prevented from settling upon the land
from anything that was done by Everest
in the purchase of her husband's relin
quishment, cr .from assorting any right
which she may havo acquired by reason
of her status as the deFerted wife of Leon
S. Heacock. No reason being shown why ,
the entry of Everett should be canceled, '
the decision of the Commissioner Is re
versed." CONVICTED OF HORSE-STEALING.
It Is Believed a Noted Gang of Stock-
Rustlers Im Belnjr Broken Up.
BAKER CITY, Or., Dec. 12. Alexander
Meldrum, who was indicted jointly with
Manny Howard, the noted cattle-rustler.
who was convicted at the last term of
court, was today convicted of horse-stealing
in the Circuit Court of Baker County.
Meldrum has always borne a good repu
tation until he began to associate with
j Howard, a year or so ago, and he Is quite
I' prominent In stock circles- In this part of
the state. He was tried and escaped con
viction at the last term of court because
the jury failed to agree. The jury in the
t case just concluded was out almost 24
'
J .
hours. Howard, who was convicted for
stealing the same horse for which Mel
drum was today convicted of stealing, is
out on ball pending the determination of
his appeal to the Supreme Court. Mel
drum will be sentenced tomorrow.
The stock Interests of Eastern Oregon
have suffered heavily from stock-rustlers
during the past 10 years. Thousands of.
head of cattle and horses have been
taken. The conviction of Howard .and
aieldrum, it 1s" said, will break up the
roost not,ed gang of stock-rustlers in the
"West.
Allefred Traln-Wreclcers Held.
THE DALLES, Or., Dec 12. William
Cole, Frank Coyne. James Page, Fred
, Grant and Harris "Williams, suspected of
1 wrecking an O. R. & N. train at Celllo
last week, have been held for action of
the grand jury, by order of Prosecuting
Attorney Menefee, without a preliminary
hearing. Three of them were taken to
Portland today by Deputj. Wood for fur
ther examination In that "city.
Harder Charge Dismissed.
HILLSBORO, Or., Dec. 12. The case .of
INTERNATIONAL
SHOW.
'yP" " "" " ,mwi.
.. - : "j-'sfj
-.-.. r .c ?..v a--ftfojc4
the State vs. W. E. Milam, familiarly
known in and around Portland as" "Bud"
Milam, charged with having murdered a
Chinaman at Raleigh last Fall, was to
day dismissed upon the grounds of In
sufficient evidence to hold for trial.
James Aiken, indicted for the same crime,
was tried and convicted, and Is now serv
ing a life sentence in the penitentiary.
His attorneys will take the case to the
Supreme Court.
Forest Grove Light Cunc Dismissed.
HILLSBORO, Or., Dec. 12. The case of
A. HInman and other citizens of Forest
Grove, asking for a permanent Injunction
against that city contracting with E. W.
Haines for city water and light was to
day dismissed, with costs assessed to the
plaintiffs.
CORNER-STONE LAID.
Girls' Dormitory at Chcmawa Will
Be Known as McBrlde Hall.
SALEM, Dec. 12. The corner-htone of
the girls' dormitory at the ndlan Train
ing School at Chemawa was laid this
morning. The Indian School's uniformed
band, a battalion of cadets and girl stu
dents were formed about the site of the
new building and an appropriate pro
gramme was rendered. Addresses were
delivered by Superintendent T. W. Pot
ter and Assistant Superintendent W. P.
Campbell, patriotic airs were played by
the bind, the assembly sang "America"
and at the conclusion of the exercises
three hearty cheers for the Government
were given. The formal laying of the
corner-stone was done by Superintendent
Potter.
The corner-stone bears the Inscription:
"McBrlde Hall. December 12, 1901."
There wa plr.ed in tr.e u-ua; receptacle
copied of The Oregonlnn. Telegram. Chcm
awa American and othar publications, a
complete official roster of the school and
numerous other memento?. The building
was named after ex-United States Sena
tor McBrlde, through whoso efforts the
appropriation of $0,000 for the hall was
secured.
Formal laying of corner-stones for the
laundry and Industrial buildings has been
dispensed with, construction work having
progressed beyond that stage.
Senator Mitchell informs Superintendent
Pot'rr tht he work'r::' hn'J to ct.ourr
an appropriation of $30,005. recommended
by Superintendent Potter, for the con
struction of a boys' dormitory, that 13
much needed for the accommodation of
the constantly Increasing number of pu-
---- ---
i
Newly - Elected Mayor
of Astoria.
JOSEPH W. SURPUENANT.
ASTORIA, Dec. 12. Joseph W.
Surprcncnt, who was elected Mayor
of Astoria yesterday, was born In
New York State in 1S40. He came
to this city 2o years ago. and on
gaged In contracting and building,
which he has followed since that
time. He erected the quarantine
buildings at the Columbia River
station, and has also had during
the past few years several large con
tracts at the varlou3 ports around
the mouth of the river. Mr. Sur
prenant is a stanch Republican,
though he has not been an active
politician, and has never before bcrn
a candidate for ofilce. He is a moat,
successful business man. and has
extensive holdings here, as well as
Interests In Alaska.
plls. Senator Mitchell in a letter says
he thinks he will be successful In getting
the appropriation.
The enrollment at the Chemawi School
is now oi5, and Superintendent Potter re
ports new arrivals dally. He predicts the
enrollment will reach the 700 mark befors
the close of the school year next Summer.
Hnmane Society at The Dnlles.
THE DALLES, Dec. 12. A mass meet
ing of citizens was held last night for
the purpose of organizing a humane soci
ety in Tho Dalles. Mayor Farley presld- i
Ing. In the absence of certain necessary
Information rcgarulng the organization of
the society, a committee was appointed
by the Mayor to ascertain the necessary
facts, when another meeting will be
called.
When you fee bad, take Hood's Sarsa
parlllu. It will make you decidedly better.
PUSHED THE BUTTON
PRESIDENT OPENS WOODMEN CON
VELYTION AT SPOKANE.
Head. ConsHl Falkenbers's Message
.to the Chief Executive, and
His Response.
WASHINGTON, Dec. 12. President
Roosevelt today pushed the button that
opened the convention of the society of
Woodmen of the World at Spokane.
Wash. The following telegrams were ex
changed: "Spokane, Wash., Dec. 12. To His Ex
cellency tho President, Washington, D.
C: On behalf of the Woodmen of tlvt
World, comprising a quarter of a million
of your fellow-citizens. I officially tender
! our deep appreciation of your kindness
I Jn thus recognizing one of the largest hu-
PROTECTION, CHAMPION HERE
FORD BULL.
manltarlan institutions of the Republic,
with profound respect.
"F. A. FALKENBERG. Head Consul."
"Washington. D. C, Dec. 12. F. A.
Falkcnberg. Head Consul, Spokane: In
evening the grand encampment of the
Woodmen of the 'World, It Is a pleasure
to me to send hearty congratulations and
good wishes.
"THEODORE ROOSEVELT."
310XOPOLY ON CITY WATER.
Supply of Vancouver Is Now Con
trolled by One Company.
VANCOUVER. Wayh.. Dec. 12. The
Vancouver Water Works Company, which
recently purchased the water system, of
the Columbia Land & Improvement Com
pany, In this city, this week pur
chased the plant of the Vancouver Water
Company, and now owns all of the water
systems of the city. Tho company has
opened an office In the Hotel Columbia
block, and has announced that a read
jus tnent of water rates will be made the
first of the new year. The price paid for
the Vancouver Water Company's plant
and franchise was $40,000.
Vancouver Bnrrncks Improvement.
Ground has been broken at Vancouver
Barracks for two large bars to be used
for quartering the 250 or r.i o horses be
longing to the two batteries of artil
lery stationed here. Ono of the barns
will be 300 feet long and r.corly 100 feet
wide. The other will be an ldttlon, ISO
fpet long, to the big cavalry barn erected
some years 350 on the east slde'of the
military reserve.
IN EUGENE TRAIN HOLD-UP?
Man Under Arrest In California
Another Clinre Aa:alnt IHm.
GRANT'S PASS. Dcc. 12. George Ver
non, a trave ing violinist, who stole a
horse and saddle In this city a few dayj
ago and passed several fraudulent checks,
has been caught and lodged in jail In Sis
kiyou County, California, charged not only
with the offensei named, but also with
being Implicated in tne train hold-up at
Walkers, near Eugene. In Grant's Pass
Vernon hired a norse and saddle to go to
Walfcln?. giving the owner of the horse a
power of attorney to collect some money
that would arrive in a fw days. The
money failed to turn up. An Inquiry sent
to Watklns c'.iclted the fact that the man
had left for Happy Camp, Cal. The bor
rowed horse and saddle were found by
the roadside near Watkins. Word was
sent to the Sheriff of Siskiyou County,
who captured tne man and promptly lann-
ci mm in jaii.
A TERRIBLE EXPERIENCE.
Two Shipwrecked Jupnneie Without
Food or Shelter for Days.
VANCOUVER. B. C, Dec. 12. Wrecked
near Porter Island and forced to remain
for five days without food, fire or shel
ter, was the terrible experience of two
Japanoro. One of them, Etsujlro Sunada,
was brought to Port Esslngton. where his
lcgi wore nmputntcd as a result of frozen
feet. From his story It appears that he
and his companion were out fishing and
wore caught in a gale. In tho heavy 9cas
their boot was overturned. They were
not very far from tlvj shore of Porter
Island, but they found great difficulty In
making It In the rough sea, and when
they did at Inst get on land they found
themselves on a rocky point without
means of lighting a fire. The sufferings
of the Japanese were Intense.
LOST IN THE WOODS.
Timber Cruisers Become Separnted,
and One Has Not Found Way Ont.
VANCOUVER, B. C, Dec. 12. A story
of three men lost In the woods on the
northern coast of British Columbia was
brought here today by a lumberman
named George Logan, who was brought
down In a small tug. With two compan
ions Logan left here three weeks ago In
a small boat to cruise out timber. Their
boat was capsized while they were beat
ing up a river near Shoal Bay. They
trld to beat their way back to the const,
and became separated and lost. After un
dergoing great hardships. Logan reached
the const, and a second member of Ci
party was found, almost dead from cold
and hunger. The third man has not been
found, and Logan left here again tonight
with a searching party to discover him
If possible.
Damage Snlt Aprninst Farmer.
WALLA WALLA, Dec. 12. While driv
ing on Second street on the 12th of last
October, Patrick Lyons, a wealthy farm
er, and MolIIe, the 22-year-old wife of
William Saucr, who lives In the city, col
lided in such a manner that Mrs. Sauer
was thrown on the dashboard of her
huggy and so severely injured that she
was confined to the hospital for six weeks
and Is now unable to perform any of her
household duties. Believing Mr. Lyons to
mm& - ifcf k
blame for her injured condition, Mrs.
Sauer has commenced suit against him
in the Superior Court of Walla Walla
County for damages to the amount of
;i5,ooa
In the Snpremc Court.
BALEM. Dec. 12. Clerk J. J. Murphy,
of the Supreme Court, today set two cases
for hearing, as follows:
December 22 Hiram S. Stone, appellant,
vs. William M. Ladd. as sole surviving
executor of the will of Hannah M. Smith,
deceased, respondent.
December 21 Linn County, respondent,
vs. P. G. Morris, et al., appellants.
The case of the City of Salem, appel
lant, vs. F. R. Anson, et al., respondents,
wa- argued and submitted today. This is
a case wherein the city seeks to recover
on the bond of $5000 given by Anson for
the installation of an electric light plant
In Salem, a contract he failed to perform.
A demurrer to the complaint was sus
tained In the lower court, and from this
Judgment the city appealed.
Indorses McIIarprne's Certificate.
HILLSBORO, Or.. Dec. 12. School Su
perintendent Ball has obeyed the order of
Judge McBrlde and has indorsed the
Clackamas -County certificate of U. S.
McHargue. A petition was filed yesterday
with the County Board of Examiners ask
ing that the certificate be revoked, go far
as Washington County is concerned, on
the ground that the State Board of Edu
cation had found McHargue guilty of un
professional conduct. The case Is also
going to the Supreme Court.
Mrs. Winkler Granted a Divorce.
. SALEM, Dec. 12. Circuit Judge Boise
today granted Catherine Winkler a di
vorce frcta Professor Emll L. Winkler.
The plaintiff was awarded the custody of
their only child and $10 per month ali
mony. The case has attracted more than
passing attention by reason of the promi
nence of the parties. The defendant was
formerly a musical Instructor In this city.
He Is now employed In a similar capacity
in an Eastern seminary.
Captain Richardson. Promoted.
OLYMPIA, Wnsh., Dec. 12. An order
was Issued by Adjutant-General Drain to
day In which the promotion is announced
of Captain M. M. Richardson, of Company
H, of Spokane, to be Major of the Third
Battalion. First Infantry, vice Ortls Ham
ilton, who was promoted to be Lieutenant
Colonel some time ago.
Will Bnlld Two Log Rafts.
ASTORIA, Dec. 12. Captain Robertson,
president of tlvs Robertson Raft Company,
was In Astoria today, and announced that
his company was making preparations to
build two log rafts at Westport during
the coming Summer. The rafts will be
towed to San Francisco.
Man Crushed Between Two Cars.
TACOMA. Dec. 12. John McKeown,
head ore-sampler at the Tacoma Smelter,
was crushed between two cars while
crossing a track at the smelter at 11
o'clock this morning, and died shortly
afterward. He had been employed at the
smelter 12 years, ahd was a member of the
Elks.
Salem Felt an Earthquake.
SALEM, Or., Dec 13. At 12:50 this
morning a distinct earthquake shock was
felt at the Insane Asylum and other points
In this city. The shock lasted three sec
onds and the vibrations were from north
to south. Windows shook, lamps rocked
and dishes were rattled by tho force of
the disturbance.
FILIPINO MURDERS.
Denth Sentence Passed on the Leader
of a Band of Ladrones.
WASHINGTON. Dec. 12. A military
cc-mmlsslon In the Philippines, headed by
Major Henry S. TurrlU. surgeon, sen
tenced Juan Ollvar, a Filipino, to be
hanged. QHvar was the leader of a band
of ladrones which made an attack upon
the house of Theodore Labrador, president
of Minea, Panay, and captured him, his
brother, wife, grandmother, godmother,
small daughter and a policeman. The
grandmother, godmother and daughter
were shot to death in the vicinity of the
capture; Labrador, his wife and the po
liceman were taken to an Isolated spot
and killed with bolos. The brother made
his escape. Incidentally Ollvar and his
band robbed Labrador of 7S carts, SCO pes
os and other articles.
General Chaffee criticised the proceed
ings on the ground that the accused was
charged solely with the murder of Labra
dor, assault upon him with Intent to kill,
and robbery, while the -murder of three
women, one small girl and the policeman
was not included In the charges.
A band of Tulisanes, armed with bolos,
rifles and daggers, killed 11 members of
the Echevarra family at Naro, Masbate,
on August 14, 1900, for the sole reason
that the victims were Spaniards. Two
members of the band were brought to
trial and were sentenced to be hanged.
But In view of the fact that the more
responsible participants In this crime al
ready had paid the death penalty, the
sentences were commuted by General
Chaffee to life Imprisonment.
Ygnaclo Slaotlng, an insurgent leader
operating ngalnst the American Govern
ment after having taken the oath of al
legiance, was sentenced to be hanged for
murdering a woman suspected of friend
liness to the United States.
Trade With. Samnr Reopened.
MANILA. Dec. 12. Owing to General
Smith having affairs well in hand in tne
Island of Leyte. communication with the
Island of Samar Is now possible. Trade
restrictions have been taken off the west
coast. Boats trading there are not re
quired to show signals. General Bell re
ports tfiat largo quantities of rice, milled
and sacked, have been captured, the sacks-
bearing the marks of the Smith & Bell
mills. He says the rice was unquestion
ably purchased In Manila with Insurgent
funds and shipped wholesale to the moun
tains, by way of Calamba and Pagsanjan.
Laguna Province, and other by ports,
showing the necessity for the closing or
those ports
Transports at Manila.
WASHINGTON. Dec. 12. General Chaffee
at Manila, reports that the transport
Grant arrived yesterday. The Kilpatrlck
sailed yesterday with 930 discharged and
ahort-term men.
Clpar Factories to Combine.
NEW YORK, Dec. 12. According to the
Tribune, the cigar-manufacturing firms of
Kerbs. Werthelm & Schlffer, Stratton &
Storm Company, and Hlrschom. Mack
& Co. will consolidate on January 1.
The concern will be known as the Union
No woman who uses '"Mother's Friend" need fear the suffering
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a condition more favorable to speedy recovery. The child is
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envelope by addressing application to
Bradfield Regulator Co. Atlanta, Ga.
Hard Colds
Hard colds nearly always
lead to something serious.
They run into chronic bron
chitis, pneumonia, consump
tion. Doctors know this.
That's .why they so generally
approve of Ayer's Cherry
Pectoral. They tell us they
cannot prescribe anything
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"Aycr's Cherry Pectoral cured my
2Sc.,55c.5I.',l.
J. C. YCR Cf. Lcrell, Mas.
Cigar Manufacturers. It will have a cap
italization of J7.5CO.0CO. and will operate
11 factories, four of which are situated
m thL city. The purpose of the consoli
dation is to lessen the cost of Importing
raw material from Cuba and Porto Rico.
CRIME OF A WOMAN.
Theory of Wnnhlnprton Police In tUe
Dennis Case.
WASHINGTON, Dec. 12. The mystery
of the assault upon Mrs. Ada Gilbert Den
nis, the fashionable modiste, Tuesday
morning. Is still ballllng the police. No
tangible clew has yet been found, and
no motive for the crime has been discov
ered. At the hospital It was stated today
that if no complications set In M". Den
nis will recover. She Is conscious at Inter
vals, but so far hax not talked rationally.
A man's overcoat, bearing many stains
on the front and slceven, and a woman's
apron were found this afternoon In a sew
er about four blocks from the Dennis
house. Both articles were submitted to
the district chemist for microscopical ex
amination to detect bloodstains. Tne straps
bearing the name of the coatmaker are
missing. The police have found blood
stains on the floor of the balcony In front
of the first floor of Mrs. Dennis house.,
and many blood stains on the sidewalk on
Eleventh street, around the corner from,
the scene of the attack. The fctalns on
the balcony are taken to Indicate that the
one who committed the assault had
stepped over the balcony railing on to thj
front steps. The police are Inclined to
believe that the attack was made by a.
woman.
KILPATRICK CONFESSED.
Sentenced to 15 Years' Imprisonment
for Forgery.
ST. LOUIS. Dec. 12. In the United
States District Court today Ben Kilpat
rlck. the Montana train robber suspect,
was sentenced by Judge Adams to L
years' Imprisonment In the State Peniten
tiary at Jefferson City, Mo. Previous to
this action by the court Kllpatrick mado
& confession. In which he stated that he
had forged the names of Helena National
Bank oniciuls to notes of that bank stolen
In the Great Northern express robbery,
near Wagner, Mont., last July, and that
he afterwards disposed of a number ot
them. The sentence followed a Jury ver
dict finding the prisoner guilty on one or
the 17 counts In the Indictment against
him.
Laura Bullion, indicted Jointly with Kil
patrlck. was also found guilty on one
count, but was not sentenced. Judge Ad
adms announced that he did not wish to
send the two prisoners to the same peni
tentiary, and would defer sentence on the
woman until he ascertained whether It
was wl'hln his jurisdiction to" send m-r to
some penitentiary outside Missouri.
Girl Acquitted of Murder ChnrRC.
CREE-DE. Colo., Dec 12. Gertrude
Simpson, 15 years of age. who shot and
killod her father. Dr. A. N. Slmpsun. Cor
oner of Mineral County, November IZ,
was acqufTTed today after her trlalon the
charge of murder. The girlV defense was
that her father abusCd h5- and threat
ened to kill her.
Tlxe Bonlne Trial.
WASHINGTON, Dec. 12. The conclud
ing arguments In the trial of Mrs. Lola
Ida Bonlne, charged with killing young
Census Clerk Ayres, were continued to
day. The case probably will go to the
Jury tomorrow.
CARNEGIE'S OFFER.
As the Gift Is to Be In Bonds, the
Administration Hesitates.
WASHINGTON, Dec 12. It transpires
that the gift of $10,000,000 which Andrew
Carnegie tendered to President Roosevelt
for the founding of a great Institution for
higher education was not an offer of $10.
000.000 In cash, but the par value of that
amount In bonds of the United Sfates
Steel Corporation. The offer of theso
bonds Is embarrassing to the Administra
tion, owing to the complications which,
might arise If the Government accepted
them, and the President, It Is understood,
is now in correspondence with Mr. Car
negie about the matter. It Is understood
to be his desire that the bonds be con
verted Into cash. If this Is done, the only
obstacle In the path of the acceptance of
the generous gift of Mr. Cargenle will be
removed. Pending the result of thi3 cor
respondence Mr. Carnegie's offer Is being
withheld from Congress.
Goebel Lost Valuable Papers.
CINCINNATI. Dec 12. By the burning
of the store of Lowery & Goebel today.
Arthur Goebel lost the papers relating to
tho death of his brother, William Goebel.
and the trials of Secretary of State Caleb
Powers. James Howard, Henry Youtsey
and others who have been tried or Indict
ed in Kentucky for the tragedy at Frank
fort. These papers Included affidavits,
confessions, and volumes of testimony.
Since the death of his brother Arthur Goe
bel has given most of his time to secur
ing evidence for the attorneys In the pro
ecutlon in these cases.
Boer Aprent Called on Roosevelt.
WASHINGTON, Dec. 12 General Sam
uel Pearson, the Boer representative in
this country, called upon President Roose
velt today. The President suggested noth
lnsr that would lead to a discussion of af-
1 fairs In South Africa.
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Ifciyijt eg 3fe K35 l8S?. a9 ctjrgbj.
Si