Morning Oregonian., January 21, 1902, Page 4, Image 4

THE MORNING OBEGONIAN, TUESDAY, JANUARY 21, 1902.
FOUR OPINIONS GIVEN
SUPREME COURT REVERSES THREE
LOWER DECISIONS.
Henry 31. Wagner Lose In Snlt for
DaniaBrcR-XeTV Trial Ordered
. In 3IorriM Cane.
SALEM. Jan. 20. The City of Portland
today won. In the Supreme Court, the
damage suit brought by Henry M. "Wagner
to recover for Injuries sustained while
taking down electric wires. The Supreme
Court holds that Wagner cannot recover
upon the ground that the city was negli
gent, for his own negligence was the
proximate cause of his injury. Four cases
were decided today. They are, in brier,
as follows:
Henry M. Wagner, respondent, vs. City
of Portland, appellant; from Multnomah
County; Alfred F. Sears. Judge; reversed;
opinion by Justice Wolverton.
A board of three Commissioners appoint
ed by the Mayor is given by the charter
of the city full, complete and exclusive
power and authority on. behalf of the city
to perform all executive functions thereof
in the organization, management and con
trol of Its fire department, and all powers
and duties Incident thereto. In pursuance
of this authority, such board had under
its control a system of fire alarm wires.
R. G. Paddock, city electrician and su
perintendent of the eystem, employed
Wagner to assist as groundman in mak
ing changes in the wires. While engaged
in that capacity, keeping the system in
repairs, Wagner was Injured by receiving
a shock from an electric current, for
which Injury "he brought this action for
damages, alleging that the injury was due
to the negligence of the city. He recov
ered a verdict for J200 and the city ap
pealed. The opinion of the Supreme Court
says:
"By defendant's separate defense, which
was stricken out on motion, two questions
are presented, which He at the very
threshold of the controversy. It Is main
tained with much emphasis (1) that the
Bdard of. Fire Commissioners Is an Inde
pendent body, constituted by the charter,
with full and exclusive control over the
Are department, and that the city Is In
no sense responsible for its acts; and (2)
that the board, in prosecuting the im
provement, acted in a political and gov
ernmental rather than in a private or
corporate capacity, and, therefore. It can
not be held amenable for the negligence
of Its officers and agents.
"We think the charter settles the first
question. . . . The board stands in the
place of the City Council and Its acts be
come the acts of the city as If the Council
had performed them had not the authority
been transferred to the board.
"Touching the liability of municipalities
In their corporate capacity, the rule Is
succinctly stated as follows: 'Whenever
the negligence of the ordinary agents and
servants of the corporation, as distin
guished from that of lis officers, causes
the Injury, or when the loss results from
acts merely ministerial, as distinguished
from .such as are legislative and govern
mental in character, exercised for the
sole and. Immediate benefit of the public,
or where the corporation is exercising, as
a corporation; its private franchise pow
ers and privileges, which belong to It for
Its immediate corporate benefit, or Is deal
ing with property held by it for Its cor
porate advantage, gain or emolument,
though Inuring ultimately to the benefit
of the generhl public, then, and only then.
It becomes liable for negligent exercise of
such powers precisely as are Individuals."
It Is held under this rule that the City
of Portland was liable for the Injury, if
the plaintiff made a good case otherwise.
The testimony showed that Wagner had
worked with fire alarm wires for some
time; that he had heard men talk about
getting shocks from handling wires; that
he had seen a horse Injured by coming
In contact with a sagging wire; that he
had, on a previous occasion, been told
that he might be killed "by coming in con
tact with a live wire. He continued in the
service of the city, knowing the dangers
of his employment, and hence Is held to
have assumed the risk. The plaintiff en
deavored to prove that It was the duty
of the city to provide such rulers and regu
lations as would prevent this accident,
and such safeguards as would, protect the
workmen, but the witness was not shown
to be an expert In electricity, so his evi
dence was properly rejected. The court
cannot say. of Its own knowledge, that
certain rules and safeguards such as
plaintiff suggested would be practicable
or useful In the prevention of accidents,
and in the absence of proof upon this
point, the plaintiff Is held to have failed
to make a case of negligence against the
city. In this particular.
Mary A. Lazelle and Ella C. Duncan,
respondents, vs. G. R. H. Miller, appel
lant, ond J. G. PiUsbury defendant, from
Clackamas County. Thomas A. McBrlde,
Judge, reversed; opinion by Chief Justice
Bean.
This was an action on a note executed
by Miller and PiUsbury. The plaintiff re
covered a judgment against both defen
dants, and on appeal ns Is reversed so
far as Miller Is concerned. The ground
of the reversal Is shown In the follow
ing rules of law. laid down by the court.
"On the dissolution of a partnership, t
one partner agrees to pay the debts of
the firm, as between himself and the
retiring partner, he hecomes the principal
ind the other the surety as to such debts,
and a creditor of the firm with knowledge
of their agreement Is bound so to treat
them In his subsequent dealings.
"The acceptance of Interest In advance
is of Itself evidence of an agreement to
extend the time of credit for the period
for which the Interest Is paid, and (under
the rule stated above), works the dis
charge of the surrty."
It is therefore held that Miller was re
leased from his obligation to pay the note,
by the extension of time to PiUsbury.
Linn County, respondent vs. p. G. Mor
ris, et al., appellants, from Linn County.
George H. Burnett. Judge, reversed; opin
ion by Justice Moore.
Morris was formerly County Treasurer
of Linn County and after the expiration of
his term he was charged with the embez
zlement of public fuds. He was pro
ceeded against criminally and at the
same time a civil action was brought
against him and his bondsmen. In the
civil action the bondsmen asked for a
continuance, and In support thereof
showed by an affidavit that they relied
upon the testimony of Morris to prove
that the defalcation took place In his
second term of office, but thnt Morris.
during the pendancy of the criminal ac
tion, would take advantage of his statu
tory right to' refuse to give testimony
which would- incriminate himself. The
trial Judge refused the continuance, and
after trial judgment was rendered against
the bondsmen. An appeal was taken to
the Supreme Court where it held that
the trial court abused its discretion in
denying the petition for a continuance.
A new trial is ordered.
Peter Schlosser, respondent vs. Emily
3eemcr. appellant, from Linn County, R.
P. Boise. Judge, affirmed; opinion by
Chief Justice Bean.
This was a suit to determine an- ad
verse claim to real estate, and the legal
question involved relates to the validity
of a judgment. The rule laid down by
the Supreme Court is that "the Judg
ment of a Superior Court against a non
resident cannot be attacked collateral
for any defect In the attachment pro
ceedings, where such proceedings are not
made, by statute, jurisdictional, unless
the record affirmatively shows a want
of, jurisdiction. The lien of an attachment
depends upon the date of the filing of the.
certificate, and a mere clerical error by
the clerk In copying it into the record
will not defeat the lien."
Peter Adanison, respondent vs. W. J.
Mannler, appellant, petition for rehear
ing denied.
George H. Williams, respondent, vs.
Commercial National Bank, appellant,
and Henry Welnhard, respondent, vs.
Commercial National Bank, appellant,
motion to advance overruled.
State vs. Henry EL Eastbam, disbar
ment proceedings, A. L. Veazlc appointed'
as referee to take and report tne tes
timony Marcus W. Bobbins admitted to the bar
for nine months on certificate from the
Supreme Court of Indiana.
C. A. Moore, appellant vs. J. C. Shofner,
respondent, argued and submitted.
GAMBLING MUST STOP.
Mayor of Pendleton Sayn It In No
Uncertain Terms.
PENDLETON, Or., Jan. 20. T. G. Hal
ley, Mayor of Pendleton and District
Attorney of' the Sixth Judicial District,
made a definite announcement today. He
purposes to close all gambling games in
this city at once As to bawdy houses
he will close them only on complaint.
This is the outcome of the recent agita
tion over the police department and its
alleged corruption in receiving money
from lawbreakers. Arguments in the in
junction case brought by Chief Heath
man attacking the city charter have been
postponed until tomorrow.
Sixty minutes after the Mayor's an
nouncement appeared every game In the
city voluntarily closed. Owners and
their employes stood around discussing
the situation. From pioneer days open
gambling had continued uninterruptedly.
Mayor Hailey said: "I am going to stop
gambling in Pendleton. If the city can
not run Its municipal affairs without
revenues from gaming houses, it will
have to stop. But it is a mistaken Idea
that a town cannot be run without gam
bling. Some say it will injure the town
If gambling Is stopped, but that is not
true. Men who now spend money at
gambling could pay their debts and make
a better business town. Now that the
movement is started, I am not going to
stop until all gambling has ceased."
MUSIC OVER A PIANO.
Not the Heavenly Kind, But in the
Nature of a Squabble.
OREGON CITY, Or., Jan. 20. The Irv
ing piano contest, which commenced early
In September, closed today with the fol
lowing result: Improved Order of Red
Men, 703.5S3 votes; public schools, 4SS.885.
The end of the contest terminates much
controversy. Quatsoe Brothers sold an
Irving piano, valued at J50, to 22 mer
chants under contract that it should be
given to the organization: securing the
highest number of votes. Thousands of
votes have been stolen, but as many of !
the tickets were not marked with the
name of the merchant from whom they J
were stolen, there is no means of know- ;
lng by whom they were voted and by
what society or organization. The con
votes '
tract specified that additional
should be printed at a local printing
office. The records of that office show
that 1,195.150 votes were printed. The
total number of votes cast is 1.19S.4SS. It
Is evident that additional tickets were
printed.
Tho contest for the Chlckering piano I
closes Friday. The Woodmen of the
World are far in the lead, but the Mac
cabees have agreed to give the piano to
the Young Men's Christian Association in
case they are successful.
RAILROAD ASSESSMENT.
Increase In Values Shovrn by the As
sessment Roll.
SALEM, Or.. Jan. 19. Along with the
advance in the assessed valuations of
farm and city property In this state, tho
recent assessment returns show corre
sponding Increases in the values of rail
road beds, as compared with the assess
ment of last year. The increase is not
only In total valuation, but also in valua
tion per mile. That Is, In 1900. there were
1672.96 miles of railroad bed, assessed at
J5.217.229 50. or 53112 per mile. The 1901
assessment shows 1.726.SS miles of road
bed, valued at S5.W5.913, or $3275 per mile.
A little over 100 miles of railroad has J
been built, and as this is mostly in new '
territory, the valuation would, in- fact, J
be less than the average throughout the
state. But as the general average valua
tion has advanced, it appears that old
railroad beds are now assessed higher
than they were a year ago.
This does not appear to be the case with
telephone and telegraph lines, however,
for although there has been an Increase In
the number of miles of telegraph and tele
phone lines, thc valuation per mile has
decreased. In the 1900 assessment, 461L30
miles were valued at S32S.C45 35, or $73 45
per mile, while in 190L 5S03 miles of wire
were assessed at $391,971, or only 557 50 per
mile.
From the assessment returns it ap
pears that Lake County has neither rail
roads, telegraph nor telephone lines.
Eight counties have no railroads. The
following comparative table shows the
counties which have increased their mile
age of railroads and telegraphs and which
have Increased their valuations:
3
tcr
Ort
pi
&o
c""
8
COUNTY.
Baker
Benton
Clackamas .....
Clatsop
Columbia
Coos
Crook
Curry
Douglas
Gilliam
Grant
Harney
Jackson
Josephine
Klamath
Lake
Lane ?,
Lincoln
Linn
Malheur
Marlon
Morroy
Multnomah
Polk
Sherman
Tillamook
U-matllla
Union
Wallowa
Wasco
Washington ..-:.
Whce!cr
Yamhill
99.60
299.200 00
77.895 00
10S.655 00,
47.98
47.13
50.00
54.230 00
52.00
40-50
160.000 00,
54.800 00
116.15
493.637 50
44.70
169.650 00;
70.G4
2SS.048 CO;
36.92
132.910 CO
6.00
3.CO0 0OJ
6S.39;
196.100 00
42.00
40.000 00
32S.500 00
1Z7.00
12.51
56.235 00
259.805 COi
112.15
C4.G0
222.500 00
310.200 w!
S3.SSI
60.C9
151.7S4 001
55.601
160.300 00
si6JS5"66
250,000 00
211.31
72.90
67
242,800 00
114,020 00
34.00
59.21
175.535" "6a
Totals
1.672.96J
55.217,229 50l,726.8S1$5.C15.9134,6U.30;
"WILL BE ARRESTED.
James Lucas, Charged "With Larceny
by Bailee Requisition Issued.
SALEM, Or., Jan. 20. Governor Geer
today Issued a requisition upon the Gov
ernor of Washington for the rendition
of James Lucas, who is under arrest &!
Seattle, and who Is wanted here to an
swer a charge of larceny by bailee. Dep
uty District Attorney John H. McNary
looked Into the case thoroughly and
found that Lucas was not a sub-contractor
at Chemawa, but was an agent
working under the contractor. He re
ceived his pay and skipped without pay
ing his laborers and the men will now un
dertake to prove that he received the
money as agent for the contractors.. Upon
this showing, Mr. McNary asked that a
requisition be issued, and the request
was granted. It is expected that a vig
orous effort will be made to prevent the
honoring of the requisition by the Gov
ernor of Washington.
BUSINESS ITEMS.
If Baby Is Catting Teetk.
Be sure and use that old and well-tried remedy.
Mrs. "tfTlnslow's Soothlnc Syrup, for children
teetnln?. It soothes the child, softens the sums,
allay all pais, cores wind colic and diarrhoea.
"TEMPEST IN A TEAPOT"
GOVERNOR. GEER SAYS IT IS A PO
LITICAL GAME.
Land Board Made the Johnson Loan
on Sufficient 'Security Value
Now Depreciated.
SALEM, Or., Jan. 20. The State Land
Board today Issued a statement regarding
the loan of $2500 recently made to H. A.
Johnson, of this city, on 32 acres of land
near Salem. This loan has been 'the sub
ject of considerable local political talk,
for the reason that the amount loaned-on
the security was greater than the rules
of the board allow. In this application
for a loan, Mr. Johnson swore that the
tract contained 43.2S acres, but the Coun
ty Surveyor has ascertained that the
tract contained but 31.2S acres. A differ
ence of 12 acres, in land valued at ?175 per
acre, was of considerable importance,
and while the land is still sufficient to
4 JAMES IT. HAW1EY, Democrat.
make the loan good, the board will en
deavor to arrange with the borrower so
as to make the security comply with the
requirements. The statement Issued to-
aay was given oat Dy uovernor ueer, act
ing for the State Land Board. It is as
follows:
"This whole thing is only one of several
little tempests In a local teapot, which
bolls" spasmodically for political effect
n'y- The business of the State Land
Board is all done publicly and always
with the Intention of promoting the pub
lic welfare. We are glad this question
has come up, because It has disclosed a
mistake of which we were not aware. We
have never been in the past and do not
now pretend to be infallible.
"Mr. Johnson's first application was re
jected, the same as we often reject appli
cations when the Information seems in
adequate. The loan in this respect docs
not differ from many others, because of
ten, where there seems any doubt as to
the value of the security offered, we re
ject It altogether, or until some further
showing can be made. In this case, after
something like two years, the application
was renewed, accompanied with a list
of some seven actual sales In that vicin
ity, furnished by an abstractor, certi
fying that one tract, for Instance, of 20
acres had sold In 1890 for 53700, another of
4G acres for J12.7S2 and still, another of
four acres for $2100. These tracts in ac
tual sales brought from 5275 an acre to
$525. One tract of 46 acres, three acres
more than we supposed this security con
tained, sold for over $273 an acre. Al
though theso figures may be above what
tha same land would have sold for since,
yet, as Is well known, Salem has never
had a boom, but making this allowance,
the valuation we made on this supposed
43 acres was only $175 an acre to cover
the rules of the board, whereas, the in
stances furnished from the records reach
as high as $525 an acre.
"The application as furnished us de
clares there are 43.23 acres under culti
vation. We accepted this statement as
truo hecause It was sworn to. The tract
had originally contained that much land
and was so described in former mort
gages, but 11 acres had been sold off,
and this fact In some way escaped tho
attention of the County Attorney and ab
stractor. The state Is in no danger of
losing a dollar on the loan, because the
32 acres are worth much more than the
loan, but the security Is not within the
I law, which requires three times the value
2
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SSSP
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22-r
:
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no
3-
3
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3"
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33
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3-
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99.oo;$
309.800
77.S95
1S2.60
51.00;
84.75
214.00
101.00!
i 14.805 00
183.00
66.00
$ 13.820
47.97T
3,125 00
4,000
11.800
9.916
11,990
6.678
5.600
2,455
44.630
10,750
3,200
1,610
20,300
8,900
41.13
50.001
108.450
9.195 00
C.8CO00
9,245 00
4.255 00
1,755 00,
9S.50I
100.000
1C0.OM
617.00
101.00:
395.50
52.00
44.75
59.800
151.00
41.00
41.0M
4S.O0
Z.40O 00
48.00!
116.15
592.3651 400.49
35.957 60
429.501
44.70
169,650,
147.
9.717 00
2.340 oo;
U7.90
234.00
232.00J
IO.VU
1,950 00
21.4S2 00
6S.00
205.50
151.35
70.64
331.400
245.50
152.16
36.92
41.00
132.910
6,650
8.723 001
35.00
99".i5;
61.50!
172.00;
250 00
74.29
....
221.705
7.760 00
196.05
62.001
252.00
42.CW
40.000!
SS7.C90I
60O 00
9.455 00
126.00;
12.51
56.43o
14.51
S90 00
9.477 001
lO.SSt 00
30.51
99.031
64.60
77.351
60.03
2S4.470 189.60
295.00'
222.500; 170.40
SS0.S20.' 107.00
189.730! -9.50
195.00
SS.015 00 .336.80
6.420 001 129.50
75.40
210.4001
59.00
3.925 00
318.50
212"is
G.ouu W
S17.14S
251,500
377.5W
14.92S75
75.40
315.201
12.361 00
ca'.is
295.075! 215.10
34.00
114,020
ifs.'sos
69.S6
'&.H
148.21
$338,645 3515.S03.031$391.971
of the loan. The Intention of the board
was right, and the error is simply a mis
take that better men than we often
make. We have loaned over 51,200,000
since we have been handling the school
fund. While this mistake will result In
no loss to the school fund, it is to be
regretted. The avidity with which It Is
seized upon merely .testifies to the ex
cellence of the management, which has
not been excelled by any banking firm
anywhere doing a similar volume "of -business.
We have been frequently abused
by men for refusing them loans, but here
Is 1 case where censure comes for mak
ing one. It is always a question of judg
ment, and the public officer is to be con
gratulated who does not catch it going
and coming.
What Board Has Never Done.
"Thp board has never Instructed an
agent to make any particular kind of re
port upon an application.- His Judgment
Is always left perfectly free so far as the
board Is concerned. In ths case the at
torney's recommendation was based, no
doubt, on the list of actual sales that had
been made, as was the board's conclusion
to allow the loan. The only mistake was
In thc matter of the amount of the se
curity, but not a dollar of losswlll re
sult from it, although it Vb to be regret-
' 2
trp v jre
"S" 32.3
. CC S3 w
: 2 -as
' E. &
-T S-tB
: o sc
: o o
17,370
15.571
1.090
18.751
9,266
87.345
S.IE5
81.00 4.365
ZlZ.aO b,WU
3S2.D5' 19.579
i 3S5.30, 12.396
3S.O0 2,075
21,020 00 219.95 21,550
4,923 00) 113.86 C.O05
65.00 1.1SQ
6.335 00 14S.21I 3,670
ted. We very often disallow applicat!6ns
even when recommended by the attorneys."
CLAIMS ARE WITHDRAWN.
Irrigation Company Abandons Tract
In the Des Chutes Country.
SALEM, Jan. 20. Tb.e Oregon Irrigation
Company has abandoned its claim to the
tract of land in the Des Chutes country,
over which a contest has- been pending.
This company filed an application for
some 200,000 acres of arid land to be re
claimed under the provisions of the Carey
act. Tho Pilot Butte Development Com
pany thereafter filed an application for
some 86,000 acres, nearly all of which was
covered by the Oregon Irrigation Com
pany's application. As there was a con
flict, the State Land Board notified the
parties that they could have a hearing
today as to their respective rights. C. C.
Hutchinson, president of the Oregon Irri
gation Company, has withdrawn the
claims of his ccnipany to the land in ques
tion, because "the maps filed by us are
defective In some minor particulars." The
letter also states that the maps cannot
be corrected Immediately, and the com
pany does not desire to cause any delay
In the matter.
The contest over this tract of land was
of considerable interest to people owning
property in the Des Chutes country, as
CANDIDATE FOR
SENATOR FROM IDAHO.
BOISE, Idaho, Jan. 20. James H.
Hawley, of this city.. Is a candidate
for United States Senator, to suc
ceed Henry Heltfeld, whose term of
service will expire March 3. 1003.
Mr. Hawlty Is a. Democrat, and a
well-known attorney of this city.
He has been prominent In politics
for some time, and is regarded aa a
very able man. There la some talk
that the next state convention will
name the candidate for Senator.
There promises to be a hot flght on
this proposition. Mr. Hawley has
announced that, no matter how th
candidate for Senator is named, he
is In the field to stay, and will use
ail honorable means to accomplish
his election. There will be several
candidates In the field, and the con
test will be a moat Bplrlted one.
both these companies propose to construct
extensive Irrigation ditches for the recla
mation of arid land. The tracts applied
for are in the territory to bo traversed
by thc extension of the Columbia Southern
Railway. A. M. Drake Is tho president
and moving spirit of the Pilot J3utte De
velopment Company.
"WISH OLD MEN RETAINED.
Salem Citizens Against Displacing
OreKonlnns In Forestry Service.
SALEM. Or., Jan. 20 A petition has
been circulated in Salem and generally
signed, asklng'the Department of the In
terior not to displace Oregon men in
the forestry service. It has been the
understanding since a reorganization of
the forestry service was ordered last Fall
that forest rangers will, as a rule, be em
ployed from among graduates of forestry
schools. The contention of the petition
ers is that it will be better to employ
men who reside In this state and who
have had experience in forest work. Hon.
John Mlnto has written a letter to Sen
ator Mitchell asking him to use his In
fluence to have the old system continued.
In past years some of the men sent out
as forest rangers were men familiar with
mountain forests, while others were city
men, who secured such positions in or
dor to have an inexpensive outing.
Though the latter class knew nothing of
, forestry when they were first employed
they probably may now be classed as ex
perienced foresters.
3IOTIOX FOR NEW NOTICES.
Hayes Land Contest Cases Continued
Will Come Up Today.
OREGON CITY. Jan. M.harles E.
Hays appeared before the Land Office
officials this morning and moved that
new notices be issued in 17 cases in which
the date set for hearing had passed.
Twelve of the Hays contests were dis
missed Saturday for the reason that the
contestant had not appeared on the date
set for hearing and it Is probable that
these additional 17 cases would also have
been dismissed had the motion not been
filed. Hays agreed to appear tomorrow
and proceed with the hearings, as sched
uled. The cases affected by today's mo
tion are: Granville T. Jenkins, Frank T.
Fltzpatrlck, Mary Johnson, Jens F. Lar
sen, George Johnson, William R. Illlngs
worth, William M. Hamilton, Eugene
Jenkins, George W. KIger, Maydelle
Klger, Cora Himes, Charles Henry
HImes, Maurice Leach, Thomas Lyster,
George R. Himes, William J. Himei,
Sarah J. Hlmes.
OIL DRILL BEGINS WORK.
Extensive Preparations Have Been
Made for TnoronRh Test.
MONMOUTH, Or., Jan. 20. The work
of boring for oil on tho farm of B. F.
Whltaker, two miles north of town, was
begun today. Some delay has been oc
casioned by a necessary chango in the
drill. The company has built a comfort
able cabin, and from the extent of the
preparations evidently intends to test the
ground thoroughly.
At a recent meeting of the Monmouth
district, a special tax of 3 mills was voted
for the purpose of paying a smal in
debtedness of the district and meeting
expenses for the current year.
Good Effect on Hobos.
OREGON CITY, Or.. Jan. 20. The order
of Recorder Bruco Curry placing hobos
at work on the rock pile has had a salu
tary effect. Less than 30 hobos have
been Jailed by tho city police this month.
Last month 274 were captured. All
tramps picked up on Saturday night are
released Sunday morning to save the ex
pense of their keeping over Sunday. The
hobos have already become aware of this
fact and last Saturday night 14 were
found in tho streets.
Grounds for Baseball Practice.
WALLA WALLA. Wash., Jan: 20.
Manager Sharpsteln has offered the Hel
ena baseball team the free use of Walla
Walla grounds for training purposes.
Hair Falls
It doesn't take much of
Ayer's Hair Vigor to stop
falling' of the iiair. This
is because it is a regular
hair-food, feeding and nour
ishing the hair and making
it grow thick and heavy. It
always restores color to gray
hair all the dark, rich color.
" I have used your Hair Vigor, off.
and on, for 30 years. I am now over
60 years of age, have a good head of
hair and not a single gray hair."
Mrs. L. Wilbur, Wayland, N. Y.
JI. All inateu J. C. AYE CO., Leveft, Mus.
EIGHT MEN ARE AT LARGE
THREE OF " MWEnS ISLAND JAIL
BREAKEItS AGAIN IN THE TOILS.
A Fourth, Who Had Been Captured,
Aaraln Made H!s Escape A Close
Patrol Is ICcpt.
TACOMA, Wash., Jan. 20. A Ledger re
porter, who returned at 11 o'clock from
the chase after the Federal convicts, re
ports that W. D. Snyder, sent up from
Idaho, and James Carroll, an Alaska
murderer, and Harry Davis, a Ncmc lar-
eenlst. WprA rnnturpd thle nvonlnc nhnnt
8 o'clock by Deputy Sheriff Johnson and
a sailor from the revenue cutter Manning.
The posse ran Into the trio as the latter
were leaving the woods for the beach.
Snyder and Carroll were handcuffed to
gether and the party started for the
prison. When they came to a farmhouse
the sailor was sent for a piece of rooc
with which to tie Davis. As soon as he
was out of sight Davis made a Jump into
the brush alongside the narrow path.
Johnson fired, and Davis cried out "My
God," as if in pain, and disappeared into
the thicket As It was very dark, pursuit
was impossible. So far as' can be learned
the convicts have not yet secured firearms
or food, and must soon be starved out
There was a report that the desperadoes
were congregated near the beach In the
northern part of the Island, but a careful
search of the vicinity gave the searchers
no clew. It Is still the belief of the of
ficials that the convicts have been unable
to leave the islands, and a systematic
search Is under way.
One man, Frank Moran. alias O'Nell.
sent from Spokane for eight years for
counterfeiting, was captured about mid-
mgnt, Dy a squad of deputies, who were
patrolling the shore. Moran slipped out
of the timber, and approached the water'B
edge, and, It Is thought, was about to at
tempt to swim to thevpialnland, one mile
distant, when he was taken.
Thirty armed deputies are now scouring
the island, and two steam launches are
patrolling its shores. A launch from thp
United States revenue cutter Manning has
just gone to tho Island with 10 heavily
armed marines, who will take part In the
man-hunt.
McNeil's Island Is about five miles long
and three miles wide, and United States
Marshal Ide feels suro that none of the
convicts has succeeded in getUng to the
mainland. He has seized the boats and
arms of the 30 ranchers who live on the
island, and thinks that it is only a ques
tion of time until the 10 remaining con
vjcts are hunted down. All of tho Island's
boats have been accounted for. The
morning was very foggy, but if any of
the men reached the mainland they did
sj by swimming or floating on logs. The
growth of timber on the Island I3 very
heavy, affording splendid hiding -places
for the eight desperate men who are at
large.
The. escape was planned by Convicts
Snyder and Davis, each of whom was
shackled for previous attempts at escape.
While In- the tunnel leading underground
from their cell, these two filed off the
shackles.
.During the forenoon eight r ten rllle
shots have -been heard, but with what
result has not been learned, as word can
only be received by boat.
Moran, who has been captured, was in
a jallbreak at Spokane last March, and
was the first man to surrender on that
occasion. It Is believed that, seeing his
chances for leaving the island were not
good, Moran walked to the beach, gave
himself up and Informed thc guards as to
the direction taken by the other convicts.
When Moran was captured he said that
several other convicts, were hiding near
him. Five men and several dogs have,
scoured this end of the Island, asd found
only the footprints of Moran. His story
was undoubtedly a blind.
It Is believed that the attemDt of the
trusty, Hanson, to escape two weeks ago
was a part of this plot. Had he escaped
It Is thought that he would have caused
arms to be .hidden on the island. Hanson,
Moran, Morlarlty and several others be
longed to a gang of Spokane counter
feiters. Deputy Stringer, of Seattle, has Joined
the hunt for the desperadoes. Chler Dep
uty Crosby has eiven the order that the
deputies. If they meet any of the convicts,
are to order "hands up," and if not in
stantly obeyed, are to shoot to kill. More
deputies are being armed, and exciting
times are expected on the island tonight.
The prison on McNeil's Island Is not
included In the list of officially designated
Federal penitentiaries. Last November a
tepresentatlve of the Department of Jus
tice spent several days In Tacoma and on
the island. Inspecting the prison and its
The
of Syrup of Figs is due to its pleasant form and perfect freedom from every
objectionable quality or substance and to the fact that it acts gently and truly
as a laxative, without in any way disturbing the natural functions. The
requisite knowledge of what a laxative should be and of the best means for its
production enable the California Fig Syrup Co. to supply the general demand
for a laxative, simple and wholesome in its nature and truly beneficial in its
effects; a laxative which acts pleasantly and leaves the internal organs in a
naturally healthy condition and which does not weaken them.
To assist nature, when nature needs assistance, it is all important that the
medicinal agents used should be of the best quality and of known value and Syrup
of Figs possesses this great advantage over all other remedies, that it does not
weaken the organs on which it acts and therefore it promotes a healthful con
dition of the bowels and assists one in forming regular habits. Among its many
excellent qualities may be mentioned its perfect safety, in all cases requiring a
laxative, even for the babe, or- its mother, the maiden, or the wife, the invalid,
or the robust man.
Syrup of Figs is well known to be a combination of the laxative principles
of plants, which act most beneficially, with pleasant aromatic liquids and the
juice of figs, agreeable and refreshing to the taste and acceptable to the system,
when its gentle cleansing is desired. The quality of Syrup of Figs is due not
only to the excellence of the combination, but also to the original method of
manufacture which ensures perfect purity and uniformity of product and it is
therefore all important, in buying, in order to get its beneficial effects, to note
the full name of the Company California Fig Syrup Co. printed on the front
of every package.
&i&. -
llpf I of every package. -
I fiiFORiiiApG Syrup (a,
timfc& - San Francisco, Cat. - il m $ 1
P ! Louisville, Ky. New York. N. Y. jffljj
IfH FOR SALE BY ALL LEADING DRUGGISTS. PRICE FIFTY CENTS PER BOTTLE. WflH ill! Hi 11(1 I liU
affairs, and upon his recommendation will
rest the continuance of the prison as a
Government penal institution or Its aban
donment. In the days before Washington
was admitted to statehood, when secure
places for the confinement of prisoners
were few and long distances apart, the
McNeil Island nrlson was established, and
was under the direct charge of the -Mar- i
shal of the territory. To this day it is in
the immediate jurisdiction of the United
States Marshal of Washington, Instead of
the Department of Justice, as are the
other penitentiaries.
ANNUAL REPORTS FILED.
Review of the Severn! State Institu
tions of Washington.
OLYMPIA, Wash.. Jan. 19. The State
Board of Control has- received reports of
the superintendents of the several state
Institutions, with the exception of the
! S?0?. fr d?fcctivc youtl ,Th?tateHoC
Washington has approximately 2200 wards,
In. the two asylums, thc penitentiary, the
reform school and the school for defec
tive youth.
At the close of the year 1901 there were
555 Inmates In tho penitentiary, very near
ly all being males. At the Western Wash
ington Insane Asylum there were 771 In
mates, of whom 535 were males and 236
females. At the Medical Lake Asylum
there were 376 Inmates. 236 being males
and 120 being females. On the rolls of the
Soldiers Homo there were 209 names,
though not all are those of inmates. At
the State Reform School there were 171
Inmates of both, sexes, libout 36 of them
girls. December 31, 1900, the figures were
as follows: Penitentiary, 415; Western
Washington Asylum, 701; Medical Lake
Asylum, 335; Soldiers' Home, 212; reform
school. 168. The only exception to the
general gain In the number of Inmates Is
In the case of the Soldiers' Home, where
there are three less names on the rolls
than there were a year ago.
The dally cost of maintenance per capita
varies from month to month, but the sec
! retary of the Board of Control figures the .
average cost per capita during 1301 about positive cure for all forms of kidney, liver,
as follows: Penitentiary, 34 cents; West- bladder and blood disease, uric acid poi
ern Washington Asylum. 36 cents; Mcdl- son, rheumatic gout, diabetes, pain in tha
cal Lake Asylum. 47 cents: Soldiers' Home, back, scaldlns and painful passage of
47 rnt reform school 33 ceftta ' urine, frequent desire to urinate, painful
4i cents rerorm scnooi. m ccma. periods, bearing down and so-called fe-
Evidences of SmnKsrllnir.
I SANTA BARBARA, Cal.. Jan. 20. The
United States revenue cutter Bear Is in
tho harbor, having come from San Diego,
jundcr orders from Washington to Invcstl
cate tho alleged smuggling of Chinese
and opium Into the country at this port.
The cutter has visited several islands In cured all forms of kidney disease durlr.
the Santa Barbara channel, and, accord- the last thirty- years. It Is prescribed by
lng to the etatement of one of the offi- ' doctors and used In the leading hoa-!!-
-,.VAVr n,at orr.o-rriiT,ir h horn . pltals us ...e only absolute cure tor all
cers, evidence that smuggfing has been - 3 o disease-of the kIdneyS, uVer,
carried on within the past few months ? bladder and blood and so-called female
was xouna on. snnta utus ana me oinur
four lslnnds of the group.
stroyed Loss 9SO,0O0.
HOQUIAM, Wach., Jan. 20. The
Western Basket Manufacturing Com-
-""-"" -
pany s plant at Hoquiam ourneu mis
nw ,.- c l .m.,1 n VIA
morning. The loss Is estimated at M),
000, covered with less than half insurance.
Tho plant was owned by H. P. Martin,
of Sacramento, and O. W. Crawford, of
San Francisco. There will bo, a salvage
on machinery. The lire throws CO persons
out of emDloyment.
.
No Inquest Necessary.
ASTORIA, Or., Jan. 20. The body of
tho Into Guv W. Burnett, which was
found near Svensen yesterday, was J
brought to this city tnis morning Dy
Coroner Pohl. As the surrounding cir
cumstances show a pure case of drown
ing no Inquest wa3 held. The funeral
will be held tomorrow and Interment will
be In the Knappa cemetery.
Valentine Drnnnlns.
SALEM, Or.. Jan. 20. Valentine Braun-
lng. aged 69 years, died In this city last
night of dropsy. Deceased was born In
Qermany. and came to the United States
In 1S3G. He came to Salem from Illinois
13 years ago. Ho left a wife and two 1
pons, Fred BraunIng,.of Salem, and John .
Braunlng, of Vancouver, Wash. I
House Bnrned. ;
DAYTON, Wash.. Jan. 20. Yesterday '
afternoon the house of A. P. Slade was I
discovered on fire. The fire had gained j
such neaawny tnat 11 was impot?3ioie 10 1
save the house. There was no one at
home, and not a thing was saved. Consid
erable money and valuables were burned.
Bnnlc Dividend for Vancouver.
WASHINGTON, Jan-20. The Controller
of the Currency has declared a second
dividend of 25 per cent In favor of the
creditors of the First National Bank of
Vancouver Wash.
Farmer Alleged Insane.
SALEM, Or., Jan. 20. Proceedings were
commenced today to have Peter Rasmus
sen committed to the Insane Asylum.
Rasmuesen Is a well-known farmer of this
county.
Distinctive Value
RHEUMATISM
CURED
By Driving Out Uric Acid Poison
From the System. Permanent
Cure Can Be Effected,
But First the
Kidneys Must Be Healthy
Rheumatism. Rheumatic Gout and All
Form3 of Uric Acid Poison are Results
of Kidney Disease, and Can Only
Be Cured by Getting Direct at
the Scat of the Trouble,
the Kidneys.
WARNER'SSAFECUR
Is the Only Positive Cure for all Diseases
of Kidney, Liver, Bladder and Blood.
"Sandwich. 111. After a delay of months
to be sure that a cure of my rheumatism,
of over a year's painful suffering had
been effected. I desire to assure you that,
soyfar as I know anything of myself. I am
woil. I am persuaded that Warner's Safe
Cure did It. I believe that the medlclna
will do all that it cla.tns to do, if the pa
tient will follow the Instructions to the
letter. (Rev.) I. VILLARS. Pastor M. E.
Church."
TEST YOUR URINE. Put some morn
ing urine In a g.ass or bottle, let It stand
24 hours; If there Is a reddish, sediment
In the bottom of the glars, or if the urina
is cloudy or milky, or If, you see particles
or germ3 Moating about In It. your k:d
nevs are diseased, and you should lose
no time, but get a bottle of Warner's
Safe Cure, as it Is danaerous to neglect
your Kidneys tor even one day.
WAnx'PiwK sipp rin?r i, ,. .nW
luetic 'un.ue;s,i.
WARNER'S SAFE CURE Is purely veg
etable and contains no harmful drugs; it .
does not constipate: it Is now put up in
two regular sizes, and Is sold by all drug
gists, or direct, at E0 CENTS AND ?1.00 A
BOTTLE less than 1 cent a dose.
Refuse substitutes. There Is none "just
ns good as" Warner's Safe Cure. It has
. veakness
TRIAL BOTTLE FREE
To convince every sufferer from diseases
of the kidney, liver, bladder and blood
Vtn TY" c Cnf faA -tI1! av. Ki.m
I biitiu tuⅈi o guic vuii; .uic txicA
1 a trial bottle will be sent.'-absolutely tree,
ir on,, nn. yiKv ..rill ww.Ia "'q yn ny Clf&
to any one who will wnie Warner Safe.
Cure Co., Rochester. N. Y.. and mention
having seen this liberal offer In The Ore
goninn. The genuineness of this offer Is
tuny guaranteed, our doctor will send
medical booklet, containing symptoms
, and treatment of each disease, and many
I convincing testimonials, free to any one
who will write.
It Is tho Best Toilet tSo&p made. A wonderful
akin curatlTe. Best for tbe complexion. Best
for the bath. Best for tb tftoy. Eest for thjf
hair. Large cakes I5c Trial ize tc ; all dnyr
gists', ilunyoa's Remedies are positlvo euros.
Advice and OuiJo to Health freo by mall.
Munyon, New York aad Philadelphia.
WraxOCTi ILETl-rnBF.H OiTAERH.
Dr. Lyon's
PERFECT
Tooth Powder
AX ELE6ANT TOILET. LUXURY.
Used by people of refinement
for over a quarter of a century.
H