THE MORNING OKEGONIAN, TUESDAY, DECEMBER 24, 1901. ILLEGAL State of Washington May Foil Railroad Combination. OPINION OF ATTORNEY-GENERAL Monopolies Are Inhibited by Organic ls A and Common La-rr No Further . ,L1 Legislative Enactment Is .' Xeeded. OLYMPIA, .Wash.. Dec 23. Attorney General Stratton today handed down a eeven-page opinion on the legality of the Northern Securities Company. The Gov ernor asked the Attorney-General a month ago whether there bad been a contra vention of the constitution of "Washington and what were the remedies left to the people of the state and what was the duty of the Governor In the premises. The opinion was briefly summed up In the closing paragraph as follows: "I am of the opinion, from an exam ination of the authorities, that without further legislative enactment, the state, through Its Attorney-General, mayv main tain proceedings In the court to protect its people against trusts and monopolies and unlawful combinations, either un der the constitutional provisions prohib iting them or under the common law. While the law is thus clear, the facts which I have been able to gather are so few and the real transaction so little known that it is not possible for me 10 ay at this time whether the facts exist upon which a suit could be successfully maintained by the state." The salient points of the opinion are as fctllows: "Upon their face the articles ai pear to be entirely inoffensive, and de clare the corporation to be an Invest ment company, with power to purchase, hold, sell, vote and deal In stock in any other corporation, wherever organized; and similarly to purchase, hold, sell and deal in eecurities and evidences of debt, eta This company was organized under the laws of New Jersey. The Northern Pacific Railway Company is a "Wisconsin corporation, while the Great Northern Company was created and exists by vir tue of the laws of Minnesota. All three companies are therefore corporations for eign to this state. It will also be noted that the two railway companies are en gaged in Interstate commerce as well as commerce wholly within this state. "I am informed, in a general way, that pome 15 men who are holders of a major ity of the Great Northern stock have also become owners of more than a majority of the Northern Pacific stock, but upon what terms or agreement the tariff or purchase was- made I am unable to say. It is generally understood that said own ers have agreed to sell the Northern Pa cific stock to the Securities Company. This last-named company -ha's also of fered to buy, during tho next CO days or thereabouts. Great Northern and North em Pacific stock, issuing Its own In ex change. Under Its articles the Securities Company may become owner of the ma jority of stock In both railway companies and yet both the Northern Pacific and the Great Northern may remain separate corporations, with no interests as such, in common, except such as might result from the ownership of the shares. The right of a foreign corporation to engage in business within a state other than that of Its creation depends solely upon the lav of such other state. "This principle la well settled by a long line of Federal decisions, and was re affirmed in the case of the "Waters Pierce Oil Company vs. Texas, 177 U. S., p. 2S. The exception to this rule embraces only those cases where a corporation created by one state rests Its right to enter in rnd to engage in business therein upon the Federal nature of its business. "The question seems to be, Should the Northern Pacific Railway Company or the Great Northern Railway Company be regarded a party, through its stockhold ers or the trustees or assignees of stock holders, or In any manner whatever in its corporate capacity, to a trust or monopoly, or other unlawful combina tion? I think the court in the case of State vs. Standard Oil Company, declares the law to be, in substance, that the act of the shareholders In forming a trust may, under certain circumstances, be lm. puted to and be considered as the act of the corporation itself, and that where an act is ascribed to a corporation it must be understood to be the act of the persons associated as a corporation, and, whether done In the capacity as corporators or as Individuals, must bo determined by the nature and tendency of the act. "In the case just quoted the court found under the particular facts in the case that the act of all the stockholders, officers and directors of the company in signing the agreement sought to be declared void, should be Imputed to them as an act done in their capacity as a corporation, and en tered judgment ousting tne defendant, which was found to be a party to the un lawful combination, from the right to make the agreement and power to per form the same. "The case of People vs. North River Sugar Refining Company was an actlor in the nature of quo warranto by the state against the defendant, a domestic corporation of the Stat of Ohio, for the purpose having the court declare its char ter forfeited because it had entered into an unlawful trust combination. The court declared the charter forfeited upon the particular facts shown, huh Hppl.irrH fh law to bo as follows: " "For if it t(he corporation) has done nothing, if what has happened, and all that has happened, is ascertained to be that the stockholders of the defendant, one or many, sold absolutely to the 11 men who constituted the board, their en tire stock, and if the latter, by force ot . their proprietorship as owners, have merely chosen directors in their own In terest, and are only managing their prop erty in their own way, as any absolute owners may If hat Is the truth, and the entire and exact truth, it Is difficult to see wherein the corporation has sinned. The Attorney-General says that the right of foreign corporations to engage in business in Washington depends legal ly upon the laws of this state, the only exception to this rule being in the case of a corporation resting its right to en gage in business in this state upon the Federal nature of its business. "So far as the supposed combination affects inter state commerce," he says, "the state has no jurisdiction over it, that being sub ject to exclusive regulation by the Na tional Legislature." The sections 14. 16 and 22 of the constitution are quoted as follows: "Section 14. No railroad company or other common carrier shall combine or make any contract with the owners of any vessel that leaves port or makes port in this state or with any common car rier by which combination or contract, the earnings of one doing the carrying are to be shared by the other not doing the carrying. "Sec. 1C. No railroad corporation shall consolidate its stock, property or franchises with any other railroad cor poration owning a competing line. "Sec. 22. Monopolies and trusts shall never be allowed In this state, and no incorporated company, copartnership or association of persons In. this state shall directly or Indirectly combine," etc The Attorney-General says in reference to the above that it was against such combinations having for their purpose the regulation of transportation of any product or commodity and combination creating trusts or monopolies that our constitutional provisions were aimed. "Will Represent Washington. OLYMPIA, Wash.. Dec. 23.-Attorney-Gencral Stratton will p-obably take part in the proceedings at the meeting of the Northwestern Governors and Attorneys General at Helena December 30, at which action relative to combating the consoli dation of the Northern Pacific and Great Northern Railways will be taken. Governor Gecr May Xot Go. SALEM, Or., Dec 22. Governor Geer has not decided yet whether he will at tend the conference of Governors at Hel ena. He thinks he Is unable to leave, but may decide later to go. Oregon having not laws regarding trusts, his presence would probably not avail much. He has not yet been notified by Governor "Van Sant. DOUGLAS APPOINTS ASSISTANTS. Tvro Lending Lawyers to Help Him Asralnst Railroad Combine. ST. PAUL, Dec 23. Attorney-General Douglas today announced the appoint ment of M. D. Munn. of St. Paul, and George P. Wilson, of Minneapolis, as his associates in the legal fight the state "will make against the consolidation of the Great Northern and Northern Pacific roads. Mr. Munn is one of the leading members of the Ramsey County bar. Mr. Wilson was formerly Attorney-General of the state, and is now a member of the State Senate. He helped frame the con stitution of the state, and Is one of tho oldest practicing attorneys in Minnesota. Both of Mr. Dauglas associates are ex perts In constitutional and corporation laws. Governor "Van Sant has received replies from the Governors of Montana and North Dakota to his suggestion that a confer ence of Governors of slates Interested in fighting the Northwestern railway merger to be held at Helena, Mont., December "20. Governor Toole approves and welcomes the Governors to Montana. Governor White, of North Dakota, promises to at tend, with Attorney-General Pile, of that state. Governor Van Sant sent invita tions to the Governors of North Dakota, Montana, Idaho. South Dakota, Washing ton and Oregon, and suggested that in addition to the Governor the Attorney General of each state attend. Governor Van Sant Is desirous of securing the moral support of all these states In Minnesota's fight against the merger. RETIREMEXT OF STOCK LEGAL. So Rules Supreme Justice Scott In Xorthern Pnciflc Cnse. NEW YORK, Dec 23. Justice Scott, in the Supreme Court today, dissolved the injunction obtained by Wolff Bros, and others restraining the Northern Pacific Railway from retiring the preferred stock of $75,000,000 on January 27. Justice Scott says the company had the positive right, at its option, to retire tho preferred stock at par, and that its directors were author ized to exercise that option on behalf of the corporation. He added: "The plaintiffs have no concern with what- may be done with the stock of the company after the preferred shares have been retired, or, in consequence of such retirement, nor are they in a position to question the manner in "which the com pany proposes to raise the money to retire their shares, so long as they are assured of the par value thereof. ' Even if the de fendant's right to retire tho preferred stock was less clear than I deem it to be, I -would still hesitate to permit the tempo rary injunction to stand. The plaintiffs, though holding preferred stock to a con siderable amount, really hold but a small percentage of this class of stock, and. of course, a much smaller percontag'e of the total capital stock of the company. "The claim is that ther are entitled to an opportunity to subscribe for the con vertible certificates representing common stock to be issued In place of the preferred stock. Upon what that claim Is based is not made very apparent, but, assuming that It Is well founded, no reason is sug gested why they cannot be fully and amply compensated in an action for dam ages for the denial of their assumed rights." RAILWAY EARNINGS LAST YEAR. Increase of 3Iore Than $110,QOO,000 Over Previous Year. WASHINGTON, Dec. 23. The prelimi nary report of the Interstate Commission on the income accounts of the railways in the United States for the year ended June SO, IDOL shows returns of railway com panies operating 192,193 miles of line. The passenger earnings of these railways were S32G,903,210. and the freight earnings 5M14, 740,770. The total gross earnings were $1,578,164,205, or 58211 per mile of line, as against 51,457,044,614 In 1900. Operating expenses amounted to $1.023,15G,2S1, or 55223 per mile of line, making net earnings 5555,007,924, or 535.577,215 in excess of the fiscal year 1900. The amount of dividends declared during the year was 5121,10B,C37. or 513,000.000 more than for the same roads in 1900. The surplus from operations was 577,544.733. The complete report for the preceding year showed a surplus of 5S7. C57.933. The preliminary report is con fined to returns of operating roads. Tho dividends paid by the operating and leased linos annually include about 530.000,000 paid on the part of leased lines. ADVANCEMENT FOR BLABON. ' To Successd Darius Miller, "Who Gom to the Burliiiffton. MINNEAPOLIS. Dec 23. J. W. Blabon. Western traffic manager of the Great Northern, will succeed Darius Miller as traffic manager of the system, the latter having been named for a similar position on the Burlington. Mr. Blabon Is tho oldest man In point of service on the Great Northern. He hns been Western traffic manager of the Great Northern for the past two years and a half. It is said that his successor will probably be an Eastern man. 31., K. & T. TO SPEND $10,000,000. To Bnild 250 Miles In Oklahoma nnd Indian Territory. GUTHRIE. O. T.. Dec. 23. The Missouri, Kansas & Texas Railroad Company filed a charter here today to build three exten sions In Oklahoma and Indian Territory. The main line is to run from Guthrie to Stevens, I. T., length 133 miles; a branch line from Oklahoma City to this main line, length 33 miles, and a branch from this main line to the Missouri. Kansas & Texas at Wybark, I. T., length 80 miles. The entire cost of the extensions will be 510.000.000, and the principal places of busi ness at Guthrie, St. Louis and New York. BIr Bridge for Wabash. PITTSBURG, Dec. 23. The American Bridge Company lite secured the contract for the steel superstructure of the Wa bash Railroad's big cantilever bridge over the Ohio River at Mingo Junction. The contract is for over $00,000. and the stipu lation is made that the work be complet ed before January 1, 1903. The whole cost of the bridge will be 51,000,000. Only two bridges of the kind in the world are great er than this. Northern Pacific Lost 300 Feet Trade TACOMA, Wash.. Dec 23. Three hun dred feet of track on the Northern Pacific washed out last night between Weston and Lester, 14 miles west of Stampede Tunnel, delaying trains 24 hours. A gorge in Green River caused it to change its channel and sweep away the railroad track. Robbed in Chinatown. SAN FRANCISCO, Dec 23. Victor Mitchell, who arrived from Seattle last Thursday, reported to the police today that he was held up by two men some where in Chinatown Sunday night about 'J o'clock, and robbed of 505 and a gold watch. A WOMAN COWED THEM FOILED ESCAPE OF PRISONERS AT "WALLA "WALLA. Sheriff "Wan Overpowered, "When His "Wife Overawed Them "With a Pistol. WALLA WALLA, Wash., Dec 23. Mrs. Susan Kees, wife of Sheriff Kees. pre vented a Jallbreak at the County Jail last night. The prisoners attacked the Sher iff and almost overpowered him. He was unarmed, and was giving way to their as saults, when Mrs. Kees thrust a revolver through the grating of the corridor and cowed the men back to their cells. The outbreak occurred Just as Jailer Ma lone was locking the men In their cells, and had been carefully planned. Jack Anderson, serving 60 days for shooting a AN OREGON PIONEER OF 1850. The Late Mrs. Marietta Hiles-Skalfe. calf, led the mob. Perry West, a bigamist; John Dabney, a perjurer, and Neal Mc Kean, shoplifter, made the foremost rush. Mrs. Kees showed superb coolness throughout the ordeal, and when the men were locked up, returned to hor house hold duties as though nothing unusual had happened. This evening Judge Brents and Levi An keny presented Mrs. Kees with a hand some silver pitcher, cup and stand and a solid silver salad spoon as testimonials of appreciation of her service. XO LAXD-LEASIXG FOR THEM. Yalclma. Farmers Resolve Against Measures Xow Before Congress. NORTH YAKIMA, Wash.. Dec. 23. A large and enthusiastic meeting of the farmers of the Yakima Valley was held Saturday afternoon in the County Court house to make formal protest to Con gress against tho lease or sale of Govern ment lands. The petition embodying the sentiment of the meeting will be circu lated throughout the county. Those interested in the movement say that it is devoid of any political signifi cance. President Roosevelt's reference In bis message to irrigation In the West was tacitly approved by the meeting. The me morial to Congress is as follows: Whereas, There Is now pending legislation re garding the sale Rnd lease for grazing purposes of the undisposed -of public lands, and, where as, we believe that the sale or lease of these lands would destroy the fundamental purpose of our Government, to foster settlement, de velopment and Improvement ot the same, and we further believe that such sale or lease would be in the Interest of the few, fostering their Industry, and crippling the homtseeker; and, whereas, under each of the pending bills before your honorable body only those few spots adjacent to streams or containing moun tain springs would be purchased and Inclosed, thus making those purchasers masters of all the rest of the public domain, and we further believe that, while the purchaser or lessee of such favored spots would be greatly benefited, whole communities would suffer eternal drouth; Therefore, "We, the undersigned, humble peti tioners and citizens, without regard to party, ask of you that each of those bills now pend ing before your honorable body be defeated. And your petitioners, having drawn lessons and opinions from the regulations of National parks and reservations, with no less than 100 restrictions Imposed upon them, believe that, for the good of the commonwealth and the preservation of the ranges, rorne of there re strictions could be made to apply to tho whole of the unoccupied and unclaimed public do main. The sad havoc to the well-grassed lands, caused by negligence, such as herding or driv ing across the lands In the Spring when the ground Is muddy, and, too, the excessive graz ing In seedtime of our native grasses, prevent a reseedlng of the same. Further, we desire to ark that Immediate steps be taken still further to guard the watersheds from harm, and sug gest that the forest reserves be materially en larged. We would further recommend that no stock be herded or driven during the months of De cember. January, February or March on any of the public lands. LARGE OUTPUT OF PRUNES. Clnrk County Yielded About 250 Carloads In the Past Season. VANCOUVER, Wash., Dec. 23. The big prune-packing establishment erected and operated here this year by the Porter Bros. Company, of San Francisco, closed Its plant for the season last Saturday. The plant commenced operations about September 20 and was In operation three months. The output was 90 carloads of dried prunes. The packing-house and machinery cost upwards of 510,000, and furnished employ ment for about SO people. The fruit packing establishment of the Kelly, Clark Company, which is also a new plant, erected this year at a cost of about 5SO00, has orders on hand sufficient to keep it running for several days longer. This plant has graded, packed and shipped f3 carloads of prunes. It employs about CO people. About 100 carloads of prunes, it Is estimated, have been purchased and shipped by other parlies than the two packing-houses named, making the total output of dried prunes from Clark Coun ty this season about 230 carloads. The price paid ranged from 4 cents per pound at the beginning of tne season down to 3 cents. DANGEROUSLY SICK. Adjutant-General of California, "Who Is at Washington. WASHINGTON, Dec. 23. General Will iam H. Seamans. Adjutant-General of the State of California, is dangerously III here, the result of an attack of Inflam matory rheumatism, which has left his heart In a very weakened state He came to Washington nearly two weeks ago on business connected with the California National Guard and Naval Militia, and was prostrated the day after his arrival. ASSETS TO BE SOLD. Creditors of Insolvent Bank "Will Thereby Get All Their Money. TACOMA, Dec 23. In the Superior Court today the receiver of the Metropol itan Bank was directed to accept the offer of Charles McNamee to take the assets and property of the bank and pay the de positors and creditors in full. The re- celver reported liabilities approximating 5330,000; assets and property, face value, 5171,287. A certified check for 5400.000 on the London & San Francisco Bank was submitted In connection with McNamee's proposition, and on filing his bond for 5200. 000 the receiver was directed to execute a deed of assignment of the property. Mc Namee Is a representative of the Vander bllts, whose relatives were at the head of the bank. Payment of claims is to begin not later than January 2 next. ROGERS IS IMPROVED. The Governor Is Suffering: From Only a Mild Attack of Pneumonia. OLYMPIA, Dec 23. Governor Rogers, who has been ill at his home In this city since Friday night. Is suffering from pneu monia. His physician says the malady Is a mild form. While the complaint is unmistakably pneumonia and there Is said to be no immediate danger, it Is one that Is dangerous In a person of Governor Rog ers' age. For this reason the Governor's friends are naturally apprehensive. The fact that the Governor's family has called in the services of Dr. Miller, of SALEM, Dec 23. Mrs. Marietta Hllea-SUalfo. who dUd at Salem. Or.. December 12. 10O1. was bora In Louisiana, Mo., In 1SC2. In 1S40 ohe was married to John Skalfe. and re moved to Dubuque. la. In 1S50 Mr. anfi Mrs. Skalfe started across the plains to Oregon, arriving here In the late Fall of the tame year. Their first child. Jasper, was born while the emigrant rain was near Mount Hoed, on the Barlow road. The family spent two years In Oregon City, and then removed to a term near Fairfield, Marlon County, where they epent the remainder of their days. Mr. Skaife died is 1832. ased 70 years. Mrs. Skalfe contin ued to live on the old homestead until a few weeks before her death, when she came to Saicm to reside with her eldest on. Mrs."8kaIfo was a Hfe-lonc mem ber of the Cumberland Presbyterian Church, and was a willing worker in religious matters in her neighbor hood, regardless of denomination. She left four children Jasper Skalfe, of Salem; Mary F. Phillip. Zena; and Maggie Marthaler and Laura Broyles, ot Fairfield. Mrs. Eugene Brtyman. of Salem. Is a sis ter of Mr. Skalfe. Seattle, as consulting physician, has led. to considerable anxiety on the part of the friends of the executive. Governor Rog ers passed a good night, his physician says, and the doctor gives the impression that his patient will quickly recover. Gov ernor Rogers was 63 years of age last July. He Is a man of vigorous physique and Is well fitted to stand a siege of ill ness. Settlement of an Estate. VANCOUVER, Wash., Dec 23. An or der of final settlement In the estate of James Abraham, deceased. In Clark County, was granted by the Superior Court last Saturday on the application of Jame3 P. Stapleton, administrator of the estate In this county. All money In the hands of the administrator was or dered to be paid to the account of the Centenary Church, of Portland. The amount on hand reported by the admin istrator was 5970. Rushing to Xcw Gold Field. EVERETT. Wash., Dec 23. The nlncer gold strike near Oso, Snohomish County, has caused a rush for the new field. A nugget weighing one ounce has been found. Many nuggets are said to be as large as peas. State Convention of Teachers. EVERETT, Wash., Dec 23. Professor R. E. Friars, chairman of the executive com mittee of the State Teachers' Association, which will meet here December 26, 27 and 28, expects 1000 delegates to attend. "Will Be Burled Today. EVERETT, "Wash., Dec 23. William Nichols, chief clerk of the Secretary of State, Sam Nichols, will be burled here Tuesday at 11 o'clock. Oregon Mining; Stock Exchange. Yesterday's quotations: Bid. Asked. Adams Mountain 2 -t Astoria-Melbourne (guaranteed) ..22c no : Bronze Monarch 12j 15 i Buffalo 2 SY- Copperopolls 17 ...7 Champion 25 CO Caribou 2 2Ti Gold Hill & Bohemia , UTi 13 Huronlan 5 7 ' Lost Horse 2U 4 Oregon-Colorado M. M. & D 2i(, 2514 i Riverside 2 sg ijuiupier v-unaunaaiea ... 3 Safes: 2000 Oregon-Colorado 23 SPOKANE. Dec 23. The closing quotations Bid. Ask. I ..25U, 20i ..00 75 371 4'.i .. 3 3 .. 8Vi 10 ..16 174 4 0 ..14H 17 ' - 3 4 J of mining stocks today were: Amer. Boy Blacktall . Crystal .... I Deer Trail C PrIn. Maud . 11 iQullp 7 IRamb. Car . 2lRepubllc ... 2 J Reservation 5! Sullivan .... 4 JTom Thumb 20 (Trade Dollar 2S. C. Mam.. atiiValley Coal . Ask. ..10 Gold Ledge .. 1 Lu P. Surp... 55 L. Dreyfus .. 3 Mtn. Lion ...25 Morn. Glory.. 1 Morrison Bid SAN FRANCISCO. Dec 23. Official closing quotations of mining stocks today were: Andes 30 OlIMcxIcan $0 30 Belcher .. 13iOccIdentaI Con ... 3 Bet & Belcher... Bullion , Caledonia Challenge Con ... Chollar ., Confidence , Con. Cal. & Va.., Crown Point ..., Gould A: Curry.. Hale &. Ncrcross Justice HlOphlr CO 2Overman 8 2i,Po:osl 3 12Savagc s 3Slerra Nevada ... 17 50,SIlver Hill 3.1 55, Standard 3" 4U 2j Union Con It 4Utah Con 6 13. Yellow Jacket .... 0 6! NEW YORK. Dec 23. Mining stocks today closed zs follows: Adams Con ?0 20 Little Chief ?0 12 Alice 45! Ontario 8 to Breece 75iOphlr ttt Brunswick Con .. ISIPhoenlx 5 Comstock Tunnel. SlPotosl 2 Con. Cal. & Va... 1 2o Savage 3 Deadwocd Terra.. 50j Sierra Nevada ... 10 Horn Silver .... 1 80 Small Hopes 40 Iron Silver ....... WjStandard 3 40 Leadville Con ... 5 BOSTON, Dec 23. Closing quotations: Adventure ....5 10 00. Osceola 5 74 00 Alluuez 2 50Qulncy 130 00 . &J OJ Santa Fe Cop... 2 50 31 OUjT&marack 25u 00 24 OylTrlmountaln ... 23 00 500 uO.Trlntty 12 75 105 001 United States .. 13 50 . 45 75iUtah 10 50 Amalgamated Baltic Bingham Cal. & Hecla. Centennial . . Copper Range Franklin 11 03 Victoria 4 OO Isle Royale ... 18 75WInona 1 50 Mohawk 25 50 Wolverines .... 45 50 Old Dominion... 21 25 Ex dividend. Celebrated Minlnf? Case Decided. BUTTE, Mont., Dec. 23. A Helena spe cial to the Inter-Mountain says the Su preme Court today decided the celebrated Comanche mine suit In favor of the Boston & Montana, virtually the Amal gamated Company. The case was taken up on appeal from the District Court's decision, giving Adolph Wetsteln a one fourth Interest in the property as a result of an alleged oversight In transferring the title to that interest many years ago. The Commanche mine Is one of the rich est of all the Amalgamated Company's mines. It has been closed several months as a result of the lower court's decision, throwing 1000 men out of employment. B. B. RICH FOR PIPES. At any B. B. Rich cigar store IHREE DECISIONS GIVEN SUPREME COURT MODIFIES LOWER OPINION IN WHARFAGE SUIT. Mrs. Montgomery Win Her Case Asralnst G. W. Shaver et AI. One Opinion Reversed. SALEM, Or., Dec. 23. The Supremo Court today handed down decisions In three appealed cases, one of which "was a motion to retax costs. Mary P. Montgomery, executrix, re spondent, vs. George W. Shaver, et al., appellants, from Multnomah County. Al fred F. Scars, Jr.. Judge; modified. Opin ion by Justice Wolverton. This was a suit brought to enjoin de fendants from constructing a wharf in front of land owned by plaintiff on space over which she claimed wharfage rights. Plaintiff and defendants owned adjoining tracts of land on the water front, and the question at Issue was as to the man ner In which lines 3hou!d be extended to the channel of tho stream. The opin ion of the court says: "The plaintiff claims that by reason of her ownership of the uplands she is en titled to the right or privilege of construct ing a wharf In front thereof, and that as between her and the defendants, their respective rights must be determined by a line commencing on the bank of the river at ordinary high-water mark at the point whero the dividing line of plaintiff's and defendants' upland Intersect tho same, and extending thence to the thread of the stream at right angles therewith. "The right to build a wharf out to the navigable water of a Etream is given by statute to any owner of land within the corporate limits of any town or city bor dering thereon. (Hill s Annotated Laws, section 4227.) It must be conceded that wharfage privileges are valueless unices they extend to navigable water or the ship's channel. It olten happens that the contour of a stream Is such that if the dividing line of upland owners bordering on the margin or line of high-water mark Is extended by right Hnc3, the owner oa one aide thereof will be deprived of ac cess to the ship's channel, so that in order to accord to each shore owner a ratable and equitable proportion of the navigable stream, the rule has been firmly estab lished as being the mo5t apt and appro priate for the purpose, that the bounds are to be governed by lines drawn at right angles from the thread of the stream to the shore termini. "The fact that the proper authorities have established a wharf line In front does not alter the case; the thread of the stream Is the unalterable base from which Hne3 drawn at right angles to the shore termini will determine the area sub ject to the exercise of the wharflng privi lege. "It is suggested that the shore owner of uplands takes to low water instead of ordinary high-water mark, but the rule to the contrary has been 30 firmly estab lished In this jurisdiction that It is un necessary to treat the question further than to cite the cases In which it was in volved." It is also;held that sections 4227 and 4223 of the code do not authorize the building of wharves upon any space except as per mitted In the rule seated above. The opinion approves the fixing of the boun dary line at high-water mark, as deter mined by the lower court, and holds that the statute of limitations, as concerns ad verse possession, began running In 1SS1 and had precluded plaintiff from proceed ing as to such property as was not In cluded In his first complaint, filed In 1SS3. The amended complaint was filed In 1S93. at which time the action was deemed to commence as to tho territory latterly brought Into the controversy. It Is further held that adverse possession of the water front for wharfage purposes carries with it adverse possession to deep water in the ship's channel. As trie lower court limited the bar of the statute to the space actually covered, the decree of the lower court is modified in this re spect. As to remaining space, occupied only by a few piling to which boats were occasionally tied, It Is held that this use doe not constitute adverse possession. The decree of the Supreme Court Is that the defendants be enjoined from the use of any part of the disputed territory lying north of a line commencing where the north line of this wharf, as now con structed, if extended, intersects the north line of the Irving claim, and running thence westerly to the northwest corner of said wharf, and thence westerly to the thread of the stream at right angles there with. Plaintiff Is awarded costs In the Cir cuit Court and defendants costs In the Su preme Court. Van B. Sears, executor of Isaac Ball estate, appellant, vs. J. M. Davis, Vir onlcy Davis and Francis Davis, respond ents, from Polk County, R. P. Boise, Judge; reversed. Opinion by Chief Justice Bean. This was a suit to set aside a convey ance from J. M. Davie to his wire, and to subject the property to the Hen of plaintiff's judgment. The complaint al leges that the conveyance was made for the purpose of defrauding creditors. The answer denies the fraud charged and avrs that in 1S56 Davis bought the prop erty for his wife, with her money, but by mistake the deed was made in his name and he neglected to convey it to her until 1S93. The decree was In favor of the de fendants, and the plaintiff appealed to the Supreme Court. The opinion of the Supreme Court says that the testimony Is cot In substantial conflict. The money was furnished by Mrs. Davis, but she permitted the land to stand in her husband's name for 23 years. The plaintiff loaned Davis money upon the belief that he owned the land, and Just before a suit was about to be brought, the transfer was made. The opin ion says: "Under our statute the property and pecuniary interests of a married woman are not subject to the debts and contracts of her husband. But when she voluntar ily permits her husband to retain the ap parent title to her property and to deal with It as his own for 23 years, she Is estopped from afterward asserting her claim as ngainst creditors of the hus band who have dealt with him upon the faith of his apparent ownership." Thomas J. Hammer, respondent, vs. F. I. Downing, e al., appellants, on motion to retax costs; costs relaxed. Opinion by Justice Moore. It Is held that -where a party files an affidavit to controvert objections to a cost bill he thereby waives the right ta ins'st that the objections were not filed In time. In this case the court reduces the de fendants' cost bill $3S9 90 on account of overcharges, and $13 0 on account of mat ter needlessly Included In the abstract. Other Court Orders. Minor orders were made In the Supreme Court today as follows: George H. Small, respondent, vs. Elmer D. Lutz. appellant; hearing of the pend ing motion to dismiss postponed to Jan uary G. and respondent allowed 15 days after the decision thereon to file his brief. Hiram Stone, appellant, vs. W. M. Ladd, respondent; set for hearing January 7, at 12 o'clock. B. N. Carrier permanently admitted to practice as an attorney, on motion of W. G. Drowley, an attorney of this court. SHOWING OFF THEIR. POULTRY. Farmers Have 3Inny Fine Birds, and Are Proud of Them. M'MINNVILLE, Or.. Dec. 23. The first annual fair of the Western Oregon Poul try and Pet Stock Association was opened at McMInnvIlle this morning. The exhibit will last three days. Today 200 blrd3 were entered, many of which had secured the blue ribbon In previous exhibits. Almost every breed of chicken was represented by at least one coop, and there were a large number of entries of some breeds of large chickens raised mostly by farm ers. A noteworthy feature of the exhibit is " BY THE AUTHOR OF "THE CONSPIRATORS" A Story of Love and Adventure : ' v Based on the Most Vital . Incident in American History .... . Illustrated, $1.50 i0eG8aocteo96eeseeo9aao()e ALL POULTRY j Oregon Poultry Retail Market and Commission House vAvp FRESH FANCY DRY PICKED, furnished direct from the ranch each 'day. And remember, our FRESH RANCH EGGS. Others cannot get them. Fancy, live and dressed Poultry and Gime specialty. STRICTLY FRESH Eggs, Butter, Cream, all kinds of Dairy Products, Fresh Vegetables, and Foreign and Domes tic Fruits and Berries. Lard, Hams and Bacon. Poultry Supplies, Poultry Foods. NOTICE: You DON'T WANT cold-storage lurkeys, so be sure and order where all poultry is furnished fresh each day. Phone Main 916. 124 FIFTH STREET. e5ee nttM99MMMtacetoe98 . . . iri hv rountrv oeople. i the interest nwn""-u , -.- i , PSome of the hest chickens In the fair come from the iarmcrs, u .."- Sy yards. A number of ch d. mm from neighboring counties are In the exhibit noteworthf among them being several coops of blue-blooded birds from the yard of J. H. Garrison, of Forest Grove. The chickens are entered rapidly. They will be judged by W. W. Browning, of Den ver, Colo. , ..... The prize-winners in the local exhibit will be entered In the state exhibit. THIEVES AltE STILL BUSY. Three Snlcm Ilonnes llolbed. nnd No body Knows Whose Will Be Xext. SALBM. Or., Dec. 23. Three houses In East Salem were robbed last evening while the owners were down town. John Bro phy's house was entered and a stickpin of a few cents' value was taken. The home of Henry Wenderoth was ransacked and Jewelry and trinkets of the value of about $100 were taken. From another house near by. articles of small value were taken. It Is supposed that local thieves did the work. CHARGED WITH MURDER. Alfred II. Hnrt, Who Killed a Jap anese Section Hand. ROSEBURG, Or.. Dec. 23. The Coro ner's jury which Investigated tho shooting of the Japanese section hand at "Wilbur returned a verdict late this afternoon. Alfred II. Hart Is charged with murder and with having purposely and maliciously shot the man. 31111s Will Resume AVorl. ASTORIA, Dec. 23. The Columbia Mills, at Knappton, which have been closed down for several weeks for the purpose of having some new aiachinery installed, started up again todey. IVotcs of Astoria. Bartholomew Burke, of Seaside, has been arrested on a charge of insanity and taken to Salem on a recommitment to the Insane asylum. He was committed to the asylum on June 23, 1S91. and dis charged on parole about two yearx ago. The city schools will close tomorrow afternoon for the holldaj-s and will not reopen until January 6. General Randall, U. S. A., In command of the Department of the Columbia. I'.n Ishcd his Inspection of the forts at the mouth of the river today and returned to his headquarters at Vancouver this evening. Snlcm Brevities. SALBM, Or., Dec. 23. Salem merchants report the heaviest holiday trade In many years. Patrons of Salem business houses come from all the small towns In the county and from Eastern Park County. During the greater part of last week the streets were lined with Christmas shop pers, and today and tomorrow will see an increase in holiday trade. The State Land Board today approved 18 applications for loans aggregating $26. S50. and rejected one application for $360. Enos HIatt. aged 74, of Canyon City, and Henry Shorter, aged 43, of Pendleton, were received at the Asylum tcday. Prominent Newspaper Man Dead. COLORADO SPRINGS. Colo., Dec. 23. Casslus M. Coe, a well-known newspa per man of tho Pacific Coast, died In this city today of tuberculosis. He founded the Summit County Times and the Robinson Tribune In this state. Later he engaged In newspaper work In Hundreds of millions of tins of Royal Baking Powder have been used in making biscuit, cake and hot breads, and every spoonful of every tin has turned out even, perfect work, always making the bread, cake and biscuit light, delicious and wholesome. Was there ever another such record for any article of food in the world? ROYAL BAKING POWDER CO.. 100 WILLIAM ST.NEWYORK. " By ROBERT W. CHAMBERS HARPER & BROTHERS RECEIVED AT THE and Supply Co.'s I Tacoma. Seattle and San FrAnc:.co. Ho was president of the San Francico Press Club in 1S33-07. In 1S0O he foun.1d tin Nome Gold Digger, of Cape Nome, and was proprietor of that paper at the time of his death. He came here a short time ago for his health. Xo Decision In Xoyes Cnxe. SAN FRANCISCO. Dec. 23. The Circuit Court of Appeal met today, with Judge Morrow and DeHaven on the bench, but an adjournment was taken until the first Monday In Jaruary. No decision was ren dered In the Nome contempt cases. The application of Attorney Kenry on behalf of Judse Noyes, to tile affidavits by H. L. Blake and S. R. Calvin, was t denied. The court held that the cae was closed so far as the reception of evidence was concerned. XORTIIWEST DEAD. Charles Lnyscll. ASTORIA, Dec. 23. Charles Layzell.- a young man of this city, died very sud denly last evening. While falling In a tit his head struck a wall, causing concussion of the brain, from which he died in a few hours. He was 25 years of age, un married, and leaves a mother, father and several brothers and sisters. His funeral will be held tomorrow under the auspices of the Improved Order of Red Men, of ! which organization he was a member. Michael Cowan. ALBANY, Or.t Dec. ?. nhael Cowan, k an eld resident of Albany, died this mwn- v lng of Brlghfs disease, at the age or 69 years. He had been a resident of Albany for about 30 years, and was one of the first members of the Albany Lodge, A. O. U. W. He leaves a wife and three children, Mrs. R. D. Hodges, of Alblna: Mrs. Rob ert Crosby, of this city, and Mr. Edward Cowan, of "Wyoming. Mrs. I'hoclie Day. ROSEBURG, Or.. Dec. 23. Mrs. Phoebe Day, a highly-esteemed pioneer of 1852. died here Saturday night, aged 74 years. She was a daughter of Sol Fltzhugh, one of the framers of the constitution of the State of Oregon. She leaves one son. Sol Culver, of Camas Valley, several J grandchildren and two great-grandchild ren. The body was Interred at Camas Valley today beside that of her husband. Died of His Injuries. CLAT3KANIE. Or., Dee. 23. SI Card, about 24 years of age. while working wltn h!s father, George Card, on construction of the Smith wood flume near Qulncy. was struck this afternoon by a falling bent, and so seriously Injured that his death occurred Inside of an hour. He was a member of the Modern Woodmen of this place, and will be hurled by that order. Sullivan Ajrnlu Asks for Xcw TrlaL CHICAGO, Dec. 23. Alexander Sullivan, convicted of conspiracy to keep from the jurisdiction of Cook County Courts ex Bailiff James J. Lynch, a self-confessed jury briber, appeared in Judge Smith's Court today and filed a new bond for $10. 000. The motion for a new trial made Sat urday was formally renewed and It Is ex pected the court will hear the arguments Immediately after the holidays. Mr. Sulli van's attorneys have announced their In tention of carrying the case to the Ap pellate Court, If the motion Is denied. Are as small az homoeopathic pellets, and as easy to take as sugar. Everybody likes them. Carter's Little Liver Pills. Try them.