Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 31, 1902)
THE HORNING OREGONIAN, FRIDAY, JANUARY 31, 1902. TO SUCCEED WRIGHT John W. .Arrasmith Will Be Grain Inspector. AN EASTERN WASHINGTON HAN Secretary of Republican. Central Committee, and One of the aiost Prominent 3Ien In His Party "Wanted on State Board. SEATTLE, "Wash., Jan. 30. George "W. Wright is to be relieved as State Grain Inspector, and John W. Arrasmith, or Colfax, "Whitman County, will succeed him. Governor McBride has tendered the position to Arra&mith, and he v.ill ac cept it. Mr. "Wright's term would not have expired until 1904. Mr. Arrasmith Is one of the most prominent Republicans in "Washington. He was Speaker of the House In 1893, a candidate for Lieutenant Governor in 1895, and is now secretary of the Republican State Central Committee, arrasmith. It Is understood, was ccin- didiate for a position on the Board of Control, but the uovernor waniea mm ui Grain Inspector. He is one of the large wheat-raisers of Eastern "Washington. His appointment will give general satisfac tion, as Arrasmith Is very popular. QUESTIONS AUTHORITY OF BOARD. Action to Declare Increane in State AsKcsHincnt Null nn7 Void. OLYMPIA, "Wash., Jan. 30. Henry M. Thompson, of Lincoln County, has begun an action in the Supreme Court to declare null and void this year's real estate valua tions as settled upon by the State Board of Equalization at its last regular session, last September. The proceedings were be gun by an application for a writ of re view, the affidavit of which states that when the State Board of Equalization raised valuations as returned by the vari ous counties of the state from $236,144,399 to $260,li0.734 It did so without authority of law and in excess of its jurisdiction, and that the valuation so fixed greatly ex ceeded the valuation established in 1900. The Board of Equalization In 1900, It is further averred, fixed the real property valuation, and under the provisions of sec tion 1660 of Balllnger's code the defend ant board had no right to again pass upon the real estate valuations of the state, as real estate can only be assessed bienni ally. The affidavit alleges the Board of Equalization raised the valuation for the sole and single purpose of avoiding the provision of the statutes that only 5 mills upon the taxable property can be levied for school purposes, and for the purpose of raising the amount required for school purposes. The relator prays that the val uations as returned by the various coun ties of the state be declared the true val uations" for determining the taxes. Should the Supreme Court sustain Mr. Thompson's contention, it will result in a tangle of grave importance. The tax rolls of the various counties have long since been extended and certified to, and thousands of dollars would have been spent in clerical work in preparing them, to say nothing of the direct loss through the lowering of the assessment. DRAW LOTS FOR 3IAYOR. Anstle "WIiih at Aberdeen, and Will Drop Cixho In Court. ABERDEEN, Wash., Jan. 30. The May oralty contest between L. L. Maley and William Anstle has been settled by draw ing lots, Anstle winning. The contest has been continued since the election in De cember. Maley was declared to have been elected by two votes by the convassing boards, but Anstle alleged fraud, and in a recount by the Council he was declared to have been elected by four votes. Maley took the case into court, and Judge Linn, of Olympia, who was called In, decided the election a tie. The Council cited the contestants to appear and cast lots, but Mayor Anstle refused, on the ground that he had taken an appeal to the Supreme Court. The Council thereupon selected one of its number and drew lots, Anstle winning. He will take the office on the result and save the expense of an appeal. ICE HARVEST IS SOW ON. About 15,000 Tons Will Be Cut at Ellensburgr. " ELLENSBURG, Jan. 30. The Ice har vest began here today, and the product is as fine as has ever been cut in Kittitas Valley. It Is an even foot thick, and Is as clear as plate glass. R. P. Tjosseur & Son are now working a large force of men on their contract with the Northern Pacific, which calls for 8000 tons. Besides this, they have other contracts for 2000 tons. Their reservoir, which receives a pure mountain stream, is alongside the railroad track, and it takes but a short time to fill a train. Private parties are also putting up ice on other ponds, and probably not less than 15,000 tons will have been cut here within the next 10 days. Another Bank for Ellcnttburg. ELLENSBURG, Wash., Jan. 30. Ellens burg is to have another bank. Organiza tion of the Washington State Bank has just been effected. The capital stock is $25,000. The stockholders are: Jacob Furth, president of the Puget Sound Na tional Bank, of Seattle; C. J. Lord, presi dent of the Capital National Bank, of Olympia; J. H. Smlthson, C. H. Stewart, James Stevenson, C. W. Johnson, F. N. McCandless, William Woodham and George E. Dickson. The directors are: Jacob Furth, C. J. Lord, J. H. Smlthson, C. H. Stewart, James Stevenson and C. W. Johnson. Offi cers have been elected as follows: Presi dent, J. H. Smlthson; vice-president, C. H. Stewart; cashier, C W. Johnson. The bank will open for business next Monday. Pleaded Guilty to Barglary. VANCOUVER, Wash., Jan. 30. Fred Pancoast, arrested here a week ago for burglary, pleaded guilty to the charge be fore Judge Miller lnthe Superior Court today, and was sentenced to serve one year in the penitentiary at Walla Walla. Young Pancoast Is IS yars of age, and can neither read nor write. The offense which caused his arrest and conviction was that of rifling the pockets of a com panion, who was sleeping at Bennett's livery barn. The amount stolen was CO cents. Hop Sale at Chehalis. CHEHALIS, Wash., Jan. 30. The. Pat terson hops at Olequa, 525 bales, were sold yesterday to I. Pincus & Sons, of Ta coma, at 13 cents. They are for shipment abroad. There now remain Jn Southwest ern Washington less than 200 bales of hops In growers' handa SWINE PLAGUE AT TURNER. Professor Pcrnot DIscBsses the Dis ease Not the Same as Hog Cholera. CORVALLIS. Or., Jan. 30. A letter re ceived at the Agricultural College Indi cates the existence of swine plague at Turner. Professor Pernot, State Bacterl ologt, and head of the bacteriological department at the college, has written for specimens, and these are expected in a dar or two. "The fact that the same disease is re ported as widely prevalent in I'matiHa County," said Professor Pernot today "suggests the importance of taking Im mediate steps for preventing the spread of the disease. It Is highly contagious, and there is no known cure. The symp toms are well marked, though It is often difficult to distinguish them from the symptoms of hog cholera, a -widely dif ferent disease. Plague and hog cholera are produced by different germs. In cases of plague, the lungs are generally the seat of the disease, while In hog cholera the disease generally appars in the in testinal tract. There are, however, acute cases of cholera in young hogs In which death occurs before the characteristic ul ceration, of the intestines appears, and In such cases there Is usually present a con siderable congestion of the lungs, which, upon a cursory examination, is liable to lead to the belief that the disease is swine cholera. It sometimes happens that hog cholera and the plague exist In the same animal at the same time. In many cases, the true character of the disease can" only be determined by microscopic examination. "Hogs affected with swine plague eoon become mopy, refuse to eat, and appear to be cold. They shiver and invariably seek a warmer spot, often seeking to bur row In straw. If it is present. A hign fever Is present, and as the disease pro gresses the animal becomes weak in the hind legs, frequently staggering about. The breathing Is difficult, and death re sults from suffocation. In acute forms, the disease generally runs its course In a few hours. If there were remedies, ap plication in most cases would be impos sible, for lack of time. Whenever, at least in infected localities, a hog shows signs of sickness it should at once be sep arated from other hogs, the remaining hogs not affected being taken to other quarters. If allowed to remain on tne same premises where the disease appeared they are, of course, subject to the same Infection. Infection may occur either through food or water supply. The water supply in Infected districts should by all means be changed. The germs of the disease are carried in water from place to place, and may be transmitted long distances. Before hogs are returned to premises that have been infected, the place should be well disinfected with lime, which shouia be brought into contact wltn all reeo troughs, water troughs, hog-pens and in cisures. In every case where thp boay of a hog is opened for post-mortem ex amination the greatest care should be taken not to drop escaping blood. The germs of both hog cholera and plague are in the blood, and when the blood Is spilled, millions of germs are liberated for future Infection." "WORKD-OUT" MINE ALL niGHT. Rich. Strike Made nt the Bovrden, In Southern Oregon. GANT'S PASS, Jan. 30. At the Bowdon. a supposed "worked out" mine In the Gold Hill district, a rich ore body producing rock that averages 5100 per ton has been uncovered. The strike was made at a depth of 200 feet. The ledges uncovered shoys a width of three feet, with every prospect of growing larger as depth is attained. The Bowden has produced a large amount of bullion In days past, but for a long time, or until Houck & Haff, the present owners, got hold of it, the Bow den was considered worked out. Seattle Men Sold Too Soon. A rich strike has just been made In the Golden Standard mine, of the Foots Creek district, which was recently purchased and sold by representatives of Eugene Forbes, a Seattle capitalist and mining man. Kubli Bros., who sold and bought back the mine of the Seattle people, continued development and have uncovered an ex tensive and rich body of ore. The ledge uncovered is a permanent one, and car ries much rock that will average $100 per ton In free gold. Oregon Mining Stock Exchange. Yesterday's quotations: Bid. Asked. G iiii 3 Alaska M. & M. Co t Adams Mountain IVi Astoria-Melbourne (Gtd.) 10 Bronze Monarch ..10 Caribou 2J4 Copperopolls 17 Chicago gQ Crystal Conpolldated 4 Cascade Calumet 2i Gold Hill & Bohemia Dyj Huronlan 6 Lost Horse : Oregon-Colorado M. & M. Co 24 Riverside 1 Sumpter Consolidated 24 Sweden Copper Co .....874 Winnipeg, Ltd ny. Sales: 0 c 20 7 "V" 00 13 Price. 1000 Caribou iu 500 Caribou 25 SOOLost Horse 500 Oregon-Colorado 25' SPOKANE, Jan. 30. The closing quotations of mining stocks today were: Bid. Ask. Bid. Ask. Amer. Boy Stf 0 Morn. Glory Blacktail 12 Butte & Bos.. 1V4 2 13 I Morrison ... 2 3t 2UPrln. Maud 3? 80 2T, T3 lien Hur ....10 Deer Trail .. 2 Fisb'malden . S' Gold Ledge .. 14 L. P. Surp... 6, L. Dreyfus .. 1U Mtn. Lion ..2Sft llfc 2 G 7 3 29 I Ramb. Car ...82' Republic 4 Reservation .. 1 Sullivan 8Vi Tom Thumb ..21 Vi Trade Dollar.. 7 SAN FRANCISCO, Jan. 30. Official closing quotations of mining stocks: Alta $0 00 Occidental Con ...$0 07 Belcher ijOphlr S3 Best & Belcher... ISiOverman 0 Caledonia 24Potosl unanenge con ... JOjKavage 4 Chollai-- 10 Confidence CI Con. Cal. & Va... 1 15 Beg. Belcher 2 Sierra Nevada ... 10 Silver Hill GO Standard 3 30 Union Con 9 Utah Con 1 !fcllow Jacket .... 6 Crown Point Gould & Curry... Utile & Norcross. Justice Mexican NEW YORK. Jan. 30. Mining stocks today closed as follows: Adams Con $0 201LItUe Chief $0 11 Alice 45OntarIo 7 50 SO 6 10 3 14 .ureece uupmr .urunswicK con .. Comstock Tunnel. Con. Pal. & Va... Dead wood Terra., Horn Silver Iron Silver Leadville Con ... Phoenix , Potosl 1 25 Savage 50 Sierra Nevada Small Hopes .. 1 CO GO 5 88 Standard 8 45 BOSTON, Jan. 30. Closing quotations: Adventure $ 22 25 Osceola $ 84 50 AUouez 3 25 Parrott 31 00 Amalgamated .. 75 G2 Qulncy w 138 00 Baltic- 38 75 Santa Fe Cop... 3 50 Tamarack 258 00 Bingham 22 50 Cal. & Hecla... 025 00 Centennial 13 50 Trlmountaln 59 00 13 25 Trinity United States Utah Victoria Winona Wolverines ... Copper Range .. 57 50 15 75 23 75 5 12 1 50 49 50 Dominion Coal.. 03 3' Franklin 13 50 Isle Royale .... 21 75 JViohawk 34 75 Old Dominion .. 22 60 Good Strike on Rock Creek. BAKER CITY, Or., Jan. 30. Samples were received In this city yesterday from a ledge on a trio of quartz claims, on Rock Creek, which assay from $4 to $17 a ton. The main vein is crosscut by a two foot ledge, from which the samples were secured, and the Indications promise greater values with depth. The property is owried by James Chord, Frank Geddes and Walter Mead, and it is understood a deal is being consummated for a sale of the claims. GRADUATING EXERCISES. President Lee Will Deliver Bacca laureate Scrmoa at Monmoatb. MONMOUTH, Or., Jan. 30. The midyear graduating exercises of the Stat a Normal School will begin Saturday evening, at which time the Junior reception will be held. President W. H. Lee, of Albany College, will deliver the baccalanreate sermon Sunday. Class exercises will be on Monday afternoon, and graduating ex ercises proper Monday evening. The ad dress to the class will be delivered by Ernest Broaa, managing editor of The Oregonlan. State Superintendent Acker man will present the diplomas. The class Is composed of the following young ladles: Miss Jessie Sands, of Astoria; Miss Ed varda Ericksen, of Marshfield; Mies Olive M. Lambrlght, of Sheridan; Miss Katie Storts, of Woodburn; Miss Nettle M. Ward, of Union; Miss C. M. Ead, of Se attle: Miss Florence L. Turner, of As toria; Miss Leona LaughUn, of North Yamhill, and Mr, it, K, Brown, of Grass Valley. LAND BOARD'S HARD TASK ARID LAND APPLICATIONS BRING UP MANY QUESTIONS. Moat DifflcHlt Is That Rccrardlasr the Improvement Lien Company Re fuse to Accept Terms of State. SALEM, Or., Jan. 30. The State Land Board just now has a difficult task on its hands In passing upon various questions that arise under the arid land act passed by the last Legislature. The principal question that has arisen is now under con sideration in the application of the Pilot Butte Development Company for a con tract for the reclaoatlon of an S6,000-acre" tract in Crook County. It will be remembced that the company reclaiming land docs not acquire full title to the land, but has : Hen thereon for the amount of the actual cost of reclamation, and may charge water rates for water fur nished to settlers.- A person desiring to HEAD OF WASHINGTON ADJUTANT-GENERAL DRAIN. OL.TMPIA. Wash., Jan. 30. The announcement of Governor McBride that he will retain in office Adjutant-General Drain will clve much satisfaction to Guardsmen and to the public generally throughout the state. General Drain was appointed by Governor RogerB without i-ollclta-tlon. It la said, on his part. He was and Is a Republican, and, 00 far as known, supported the regular Re publican nominees on tho state tick et at the last election. General Drain was a business man of Spo kane, and three years ago was elect ed County Clerk. In the Summer of 1900. while out hunting, he had the misfortune to receive a gunshot wound In his right band, so serious that the hand had to be amputated. Ills los, however, did not Interfere with hla activity and efficiency as a National Guardsman, with which organization he always had been prominent, and the fitness of his ap pointment as Adjutant-General was everywhere reeornized whrn it was first made. Under the Washington law. the Adjutant-General Is prac tically the head of the State Militia organization. i - m o rf i purchase land that has been reclaimed nust pay off the Hen. Hence It Is to the Interest of the company reclaiming the lnnd to have the amount of lien figure up ( to the full amount of all money spent In any way In connection with the reclama tion of the land, and, on the contrary, to the interest of the state, to have the amount of the Hen as small as possible. If the Hen Is so heavy that settlors can not afford to buy the land, the develop ment of the country Is retarded instead of promoted. And it Is In this particular that the State Land Board and the Pilot Butte Company have thus been unable to agree. Contract the Company "Wants. The company wishes to have the con tract drawn in such a manner that the cost of reclamation shall be determined after the work is completed, and the amount of the Hen declared accordingly. The Lund Board has taken the position that due regard for the interests of the county requires that a maximum limit be fixed, and that if the actual cost of recla mation be less than this limit, the amount of the Hen shall be declared at the amount of the actual cost. Because the Land Board and the officers of the company cannot agree, a contract has not yet been signed. The Land Board. In taking the position it has, does not intend to be understood as Intimating that this or any other par ticular company vlll misrepresent the actual cost of reclamation In order to ac quire an excessive Hen upon the land, but caution has been exercised because in drawing this first contract under the new law a precedent will be established. If In this case the company should be permitted to proceed under a contract fixing no maximum limit to the cost, other com panies would demand the same kind of a contract, and In the course of time the State Land Board would be involved in controversies oyer the amount of the cost. As the companies must pay all the ex penses of reclaiming land, they will be In the exclusive possession of the evidence of the cost of Improvements. -The State Land Board would therefore be. In a measdre, fighting without weapons, .and would be at an almost overpowering disad vantage. . A General Hold-Up. What the outcome will be remains to be seen. Until scmo agreement Is reached, practically all proceedings under the arid land act will be held up. The Board real- The Late B. F. Fletcher. Izes that In a matter affecting such vast areas of land as are now being applied for, a mistake at the outset will be followed by never-ending trouble. Should land companies secure large areas in Eastern Oregon under the provisions of the arid land act, and upon terms fixed by this board, and future developments prove that the terms were not wisely fixed, this board would occupy a very unenviable place in tho history of Oregon. On the other hand, if the arid land business Is so managed as to accomplish the ends Intended the ac tual' reclamation and settlement of arid land the board which inaugurates the sys tem will get credit for establishing an In valuable industrial enterprise. Another Question. Another question the board Is confront ed with is whether It has authority to deny an application upon the ground that the land applied for, or any certain portion of It, Is so situated as to be impossible of reclamation. It has been alleged In letters written to the Land Board by set tlers in Eastern Oregon that certain com panies are asking for contracts for the reclamation of land which cannot be re claimed, and that the purpose Is not to jjBft". PSBSSSSSSSSSSSSSSSSSSj reclaim the land, but to secure possession and control of va3t areas for a consider able number of years. Land thus se cured. It is alleged, would bo used for pas turage, and the applicant, without aiding at al in the development of the country, -voulu get practically the free use of the land In the meantime. The law provides that the work must be begun and com- pleted In a reasonable time, but what is a reasonable time In such matters Is a ques tion open to discussion. "While the Land Board and the company were settling this question, time would elapse, and In the end the land would drop back into the public domain without any good having resulted, but with the company ahead to the extent of free and exclusive use of the pasturage. The question Is whether the board can and should pass upon the feasi bility of reclaiming certain land, or wheth er this question should be left to the gen eral land office. FIGHT OVER AN ESTATE. Coanty Jadge Puts in . a Man Not Anked for by Either Side. OREGON CITY, Or., Jan. 0. County Judge Ryan today played an Important part In the fight over the estate of John Green. He accepted the resignation of C. I D. Latourctte as administrator, denied the NATIONAL GUARD. o A petition for the appointment of H. E. Cross, and named-county Jiecoraer x. : Randall administrator. The controversy Is over Fmall piece of lnnd about 13 miles up the Clackamas River. Joseph Green, the petitioner, and a brother of the deceased, first asked that H. E. Cross be appointed administrator of the estate, and afterward sold the land to Dan J. Moore, representing the Clackamas De velopment Company. Green then turned around and sold the land to George Brown for $1100. Brown, who Is an engineer In the employ of the Portland City & Ore gon Railway Company and the Oregon General Electric Company, filed a peti tion for the appointment of Latourette as administrator. This petition was present ed to the court first, and was granted. The Oregon General Electric Company wants the land for Its power plant, and the Clackamas Development Company wants to secure the property for logging purposes. CAPITAL 'STOCK INCREASED. Alanka KlKhermen'w Packing Com pany to Be ?UOO,000 Corporation. ASTORIA, Or.. Jan. 30 Thex stockhold ers of the Alaska Fishermen's Packing Company held n special meeting this after noon and decided to increase the capital stock from $70,000 to $.000. For 15 days each stockholder will have the privilege of purchasing one or two shares of this new stock for each share already held at Its par value of $500. After 15 days any shareholder can purchase any amount of the stock remaining at the same price. No stock is to be sold to any one except a shareholder. Estimated Receipts of Astoria. The ways and means committee of the Council has tiled its estimate of the re ceipts of the city during the present year. The total amount is $45,SS6 53, derived from the following sources: Ten-mill levy $16,061 SI Road tax 6,424 72 Fines and forfeitures 7,000 00 Liquor licenses 14,000 00 Sundry licenses 2,500 00 Rock for Jetty. Another ton of black powder was explod ed today in the hill near Bugby's Hole In the effort to discover rock suitable for use in the extension of the jetty at the mouth of the river. Many tons of rock were torn loose, and as it was In large pieces, it Is probable that this quarry will be accepted by the Government, which has a lease on ONE OF THE BEST-KNOWN MEN ABOUT SILVERTON SILVERTON, Or., Jan. 30.-B. F. Fletcher, who died at North How ell Prairie. January 24, came to Or egon in 1864. and waa one of the best-known men In this section. He was born in Newport. N. H., March 18. 1823. Ho went to Illinois In 1S44. where he waa married to Eliza A. Turner In 1847. They crossed the plains to Oregon In 18S4. Seven children were born to this union. The mother and three daughters preceded Mrs Fletcher to the grave. ' Of the children who remain are E. B. Fletcher, of Lawrence, with whom he lived; Mrs. M. Woodward, of Walla Walla; Mrs. E. H. Stone, of Athena, Or., and Mrs. S. T. Ho bart, of SUverton, Or. The funeral was at Bethany, and was conducted by Rev. L. IL Petersen, of Silver- ton. the property for quarrying purposes. The blast was under the direction of the Gov ernment and railroad engineers. Congratulates 1005 Fair Board. The Astoria Progressive Commercial As sociation Is taking up the question of im proving the sanitary condition orthe city. A committee has been appointed to pre pare ordinances governing the matter. The association, at its meeting last even ing adopted a resolution congratulating the directors of the Lewis and Clark Ex position upon the selection of Henry E. Reed as secretary. Charity Concert. GRANT'S PASS, Jan. 30 A charity con cert was given In this city last night for the benefit of little Dollle Frazier, who overturned a boiler of scalding water upon herself recently while aiding her mother with the family washing. Borlnjc for Oil Day and Night. DALLAS. Or., Jan. 30. The boring for oil at the Whltaker place continues day and nlghL The drill Is down 200 feet. The operators are prepared to bore 2000 feet. JpT&HHBsVii'-t ".flsssH "IC. GRANT PERKINS DIES ONE OF THE MOST PROMINENT MILLMEX IN KLONDIKE. Formerly Connected With Several Portland and Paget Sound Banks Death Comes Suddenly. SEATTLE, Jan. 30. News of the sudden death of C. Grant Perkins, one of the most prominent mlllmen in the Klondike, In Dawson, Wednesday evening, was re ceived by private telegram today. Mr. Perkins was formerly connected with the banking firm of Ladd & Tllton, of Port land. Taking advantage of his early finan cial training, he accepted a responsible position a few years later with Dexter Horton & Co.'s Bank, of Seattle. This he finally gave up for the position of man ager and cashier of the Merchants' Bank, of Port Townsend. There he met and married Miss Lucy Uttlefield, daughter of D. M. Llttlefleld, now an Inspector of customs. Mr. Perkins Is survived by a wife and daughter. Oregon Pioneer of 1S54. EUGHNE, Or., Jan. 30. Mrs. S. J. Bon nett, an Oregon pioneer of 1SS4. died last night -at the family residence here, aged 79 years. She was born in Randolph County, Virginia, in 1S33. With her parents she went to Iowa, where she was mar ried In 1S40 to Samuel J. Bonnett, who survives her. They came to Oregon in 1854. She left six sons and three daugh tersAlfred. Marion, Perry and Albert, and Mrs. S. H. Thomas, of Eugene; Charles and Marlellus, of Harney County: Mrs. R. P. Day and Mrs. Isorrls Brown, of Oakland, Cal. VALIDITY OF NEW ROAD LAW. . Decisions Whick Throw Some Light on This Question. SALEM, Jan. 30. "The first Fection of the road law passed by the last. Legisla ture materially affects ranchers 'in .cist ern Oregon," says I. Campbell Martin, of Dayvllle, in a recent letter to The Ore gonlan. Mr. Martin wishes Information upon the legal effect of this section of the statute, which reads as follows: All roads or thoroughfares not heretofore le gally established within the State of Oregon that may have heretofore been used, or may hereafter be used for a period of 10 consecu tive years or more by the general public ror the purpose of travel without Interference or protest, are hereby declared to be county roads. Commenting upon this section of the law, the Blue Mountain Eagle, of Canyon City, said in a recent Issue: This law will materially affect many residents of the county who-have not heretofore fenced their ranches and across which there has been a road In general use for the past 10 years. Such a thoroughfare, under this law. Is made a public highway, and cannot be changed at the pleasure of the owner of the land whlcn it crosses. "Where ouch a road exists the own er of the property that It crosses will have to regularly petition the County Court and obtain an order before he can legally change the road elsewhere. The chief Question in the mind of Mr. Martin Is whether this section of the law Is constitutional in view of the funda mental principle that private property shall not be taken for public use without due process of law and without just com pensation. While the Oregon Supreme Court has n6t had occasion to pass upon the section quoted. It has rendered two decisions In road cases, which throw some light on the question raised. One of the most recent decisions approaching this question was rendered just a year ago in the case of C. E. Bayard against the Standard OH Company, appealed from Wasco County. In discussing the subject of public easements the opinion written by Justice Wolverton says: Use by the general public, under a claim of right, adversely, and not by mere permission of the owner, for the period prescribed by tne statutes as a limitation beyond which actions for the recovery of real property cannot ft. maintained, will establish an casement In fa vor of the public. But the use must be con tinuous and uninterrupted, and substantially by way of a certain and well-denned line of travel for the entire period. The limitation prescribed by statute Is 11 years: hence, under this decision. If a road across a man's land has been used continuously for 10 years, adversely, un der claim of right, and not by permission of the owner, the road has become a public highway, and the owner of the land can not close It. This decision was rendered prior to the passage of the act of 1901. and therefore declares the rights that may be acquired by the public regardless of this statute. About 16 years ago the Supreme Court held that mere uses, however long con tinued, will not be sufficient to create a right In the public. This rule was laid down In a case In which It. wa3 shown tnat the owner of the land maintained a gate across the road, and persons using the road opened and shut the gate when they passed oer the road. Thus there was not uninterrupted uses under claim of rlsht. The fact that the land owner maintained gates was sufficient to show that he had not made a full dedication of the road to the public. The statute of 1901 provides that when the public has used a road for 11 consecu tive years "without Interference or pro test," the road shall be a public highway. No reference is made to any "claim of right" on the part of the public, and there fore if the statute stands the test of the constitutional provision. It must be upon the theory that by permitting the" use or the road without interference or protest the owner of the land Intends to dedicate it to the public. It will be noticed that the statute says roads "not heretofore legally established." These words must be given some signifi cance, and since the statute would cover all roads used for 11 years, without the employment of the words "not heretofore legally established," It Is fair to presume that the Legislature meant this act to ap ply only to roads which have been estab lished but which are not legal highways, owing to some defect in the proceedings. It Is well known that many roads have been laid out and are now in use, in pur suance of proceedings which are fatally defective. In all cases of this kind which have been taken Into the "courts. It has been held that after 11 years' use, such roads are In fact legal highways, however defective the proceedings may have been. The Legislature, by using the words "not heretofore legaUy established." indicated an intention to apply the act to roads which had been the subject of proceedings, but which still required remedial legis lation to make them legal. The Oregon Supreme Court has held that courts will be slow to declare a road a public high way merely upon adverse uses, so It Is probable that this statute would be given a construction as favorable as possible to the property-owner. In prairie countries, where fences are CASTOR I A lor Infants and Children. Thi Kind You Have Always Bought Bears the oiC6a&zf&c:A Signature "ALL WRICHT-FOR MOSB THAN HALF A CENTURY'' A Sore Ctiare for Gonorrhoea 1.09 A BOTTLE. AT.LDKCOOISTS. WBWTS INMAN YEQETAIiLE FiU. CO., Nir Ywfc. uncommon, it Is the custom of farmers to drive by the shortest route, thus making probable that the Legislature Intended to j declare all such roads to be public high ways after H years use. when the public had merely taken advantage of the per mission of the land owners to cross their property. As applied to roads established and used after defective proceedings, of which the land owner had notice, the stat ute in question would be fair and equit able, but If applied generally to all roads used for 11 years. It would be extremely unfalr, and detrimental to the public, for If so stringent a law is to be in" effect, property-owners must discontinue such favors to the public. Lawyers generally take the view that the statute applies only to roads that have been established, but by defective proceedings. A COMMON CASE. She Lived Alone Because She WonlU Not Live With Her Children. HILLSBORO, Or., Jan. 29 (To the Edi tor.) Yesterday's Oregonlan contained a shcrt editorial, prompted by the recent death as announced by your local corre spondent at this place, of the late Mrs. Spencer. The editorial referred to re flected upon the relatives of deceased. To those who are not acquainted with the persons Interested, the editorial would have no personal significance, but to the residents of this community It Is evident that the article had particular reference to the old lady Spencer, whose photo ap pears In today's paper. In justice to her immediate relatives and to her nelghbora and friends, the Impression suggested by your editorial should be corrected. The facts, briefly stated, are: That the old lady persisted in "looking out for her self" and living alone, contrary to the wish of her 60ns and daughters. Many times the old lady was Importuned by her son Oliver and daughters to live with them. This fact is not only borne out by the statements of her relatives, but by her own statement made to her neighbors but one week prior to her death. The fact is also that her son Oliver, with difficulty, could scarcely prevail upon her even to accept his hospitality at the table, and In this she refused offener than she" ac cepted. It Is evident to those who know the facts In this case that the old lady was self-willed and that she was living according to her wont and decldidly against the wishes of her children. The criticism made by the editorial referred to, If based upon facts, would be com mendable, but docs not fit this case. "W. PERNOT TO SETTLE IT. Umntllla County "Will, Soon Know If Swine Plnprue Exist There. PENDLETON. Or., Jan. 30. Professor E. F. Pernot, of the State Agricultural College, state bacteriologist, will be asked to settle the controversy as to whether It Is hog cholera or swine plague that has caused so many deaths in Umatilla County during the past few months. Specimens will be sent there for micro scopic examination to determine the exact nature of the iralady. Will Do Time in Penltentlnry. Fred Cantonwlne, the Portland boy who was arrested for 'stealing a kodak and overcoat, was yesterday sentenced to the penitentiary for V& years by Judge Ellis. Charged With Horse-Stcnllnjr. Tom Kane was arrested at a ranch 10 miles south of Echo today, on a charge of stealing horses In Gilliam County. He Is held here, pending the arrival of offi cers from Gilliam County. Sumlay School Convention. On February 6 and 7 the Umatilla County Sunday School Association holds the annual convention in Athena. Attend ance of fceveral state workers Is expected, and most of the Sunday schools of this co.unty will be represented. Property-Ownev.s Will Remonstrate. BAKER CITY. Jan. CO. Meetings held by the property-owners of Front and Cen- Kkm & b. fmWww WMw S a pure. The critical ordeal through which the expectant mother must pass, however, is so fraught with dread, pain, suffering and danger, that the very thought of it fills her with apprehension and horror. There is no necessity for the reproduction of life to be either painful or dangerous. The use of Mother's Friend so prepares the system for the coming event that it is safely passed without any danger. Thii great and wonderful remedy is always appliedexternally,and has carried thousands of women through the trying crisis without suffering. Send for free book containing Information of priceless value to all expectant mothers. The Bradfifild Reoulatsr Co.. Atlanta. Ga. The Health of a Manly Man Wat" will not all men insist upon having it, when it is so easy to get and to keep. " Some men are eaten alive by tape-worms, others wander hopelessly for years dying slow deaths from bowel disease. mT 111 sEISii 1MstaSs;M Business as well as social life of today is one of strain and effort, and ths struggle for existence in competition makes life a fiht day in day out, in which care of body, nerves, blood is more or less neglected. Men wonder what's wrong with them. No man can stand such unnatural conditions unless ho counteracts them by using Cascarets Candy Cathartic, causing regularity of body in spite of irregularity of habits. A man who "feels bad" should tako Cascarets, find out what's wrong and be cured. -"FOOL'S HASTE IS NAE SPEED." DON'T HURRY THE WORK UNLESS YOU USE llgP i L S leSiSM IS zsfc VIM, VIGOR, VITALITY FOR MEN 3f . BISIIOP PKIiXiS hare been in nse orer fifty years by the leaders, elders, and their followers. PositiTely cures the worst cases in oUt and young ansinjr from effects of abuse, riiiiatioa. excessor cicaretta-stnoktnr. Cares Xiost Jlaahood, Iiont Power, Varicocele, Atrophy. Hydrocele. Inn em r in, wtM Pains In Back. In Side, in Face. .Nerreas Tttltchlngm, Nhahy rf I j Trerabline-Eiame Back.XcrTOaI4IsIllly.IIeadacae. UnHlnox ELAJLd to Karri. Canst!- rmlioa. HtonaerronsTirltcalns;or:.TelIda. Fjq.iVs Effects are Immediate. Imrv.it. uorand potency toersry function. Don t orjrans. Stimulate the brain and nerve centers. Fifty cents a bnx: six for $2-'0. by mail A. written Guar antee, tr cure or money refunded, with six boxes. Circulars free. Addrcin, Biahop KonicHv Co.. For wale hy S. G. SKIDMORE & CO., Portland, Or. San Fraaclsca, Cal. Ids Ci o You first take cold, then you cough. Then you have a doctor. He says it's bron chitis, and he orders Ayer's Cherry Pectoral. It is his favorite prescription for colds and coughs. If he knows of anything better, tell him to give it to you. " I had a very severe cough formany weeks. Nothing relieved me until I tried Ayer's Cherry Pectoral. This rapidly and entirely cured me." J. J. Hargrave, New York City. Kc, 5c, Jl.fl. J- C AYERC0., Loirell, Mas ter streets for the purpose of considering the proposition put forth by the City Council to pave those thoroughfares with wood blocks treated with carbolineum solution resulted In a contrary sentiment. Petitions remonstrating against the pro posed improvement have been prepared, and will be presented to the Council at the meting next week. Center-street landholders will petition the Council to have that street surfaced with crushed rock or screened gravel, and that tne curb lines be re-cstabllshcd the entire length of the thoroughfare. Supreme Conrt Canes Set for Trinl. SALEM, Jan. 30. Cases were today set for trial 'in the Supreme Court as fol lows: February 10 The Irving Park Associa tion, respondent, vs. Virginia "Watson, ap pellant, and J. C. Altree, respondent, vs. Moseo Grcgson, appellant. February 11 F. L. Richmond, respond ent, vs. Southern Pacific Company, ap pellant. February 12 Sol Hlrsch. appellant, vs. Salem Flouring Mills Company, respond ent. February" 131. H. Taffc. respondent, vs. Oregon Railroad & Navigation Company, appellant, and Carl O. Johnson, respond ent, vs. Portland Granite & Stone Com pany, appellant. NorthTvest PenxioBs. WASHINGTON, Jan. 9. Pensions have been granted as follows: Oregon Increase, restoration, reissue, etc.: William T. Welch, Salem, $10; San ford Smith, Hood River, 510: Jeptha Hart. Harlan, ?S. Original: Owen Hatfield. Dayton. JS: Ezeklel Gillett, Pine. JS; Eli jah William. Glendale. ?6. Washington Original: Patrick Mulcahy, North Yakima, $12; Charles E. Truax, Al powa, JS. Increase, restoration, reissue, etc.:' John W. Smith, dead, Everett. $12; Martin L. Rowley. Trent, 58. Original widow's, etc.: Ann J. Smith, Everett, 5S. Idaho Original Daniel T. Guthery, Post Falls. 56. " IMoneer Found Dead in Bed." PENDLETON, Or.. Jan. 30. John Luhrs. an Oregon pioneer of 1S53, a native of Germany, was found dead in bed this morning at the home of his sister. Mrs. H. Stewart, of this city. He lived on Stewart Creek, 25 miles from here. Apo plexy was the cause of his death. Mr. Luhrs retired In his usual good health, apparently, last night. Snow Nearly All Gone at Snlem. SALEM, Or.. Jan. 30. The weather has been fair in Salem today. While there was no rain predicted, the temperature has been above freezing, and snow Is nearly all gone. There was some rainfall last night. No woman's happi ness can be complete without children ; it is her nature to love and want them as much so as it is to love the beautiful and figf igici P? JTj 4JJ JJfir ggf Sjtrflaj S M 3&5L "After taklnc two Ca?caretii. there came on tho scene a Terr nnexpcted Tlsltor In the shape of a tape-worm elehteen feel loni at least, which I am sure caused my bad health for three year." Geo. W. Bowles, Balrd, Miss. "After taking Cascarets I haTe had a natural relief -withou taklnc medicine of any sort dnrlns tho past two weeks. Thla had not occurred for 18 years." Chas. K. Penny. 601 Tates Are.. Brooklyn. "For three years I haTe been afflicted with diabetes. Since using Cascarets I hare found great relief and feel that I must send you my personal recommendation." -C. II. Lyman, 813 West Are., Buffalo, N. T. "I have been using Cascarets for stomach trouble of six years standing. I am curd and recommend them to all T7ho need a remedy." Rev. E. M. Chandler, Mill P. O., Mo. "Cascarets cured me of the piles, with which 1 had long suflered." J. L. Wolleson, Perry. Oklahoma. "Cascareti are the only remedy I hare ever used that causa a fine, easy movement of the bowels without Impairing tha functions of the stomach." Chas. S. Campbell. Sunbury, Pa. "I used Cascarets for insomnia, with which I hare beea afflicted for twenty years. They gare me immediate relief. most uuioxu. ciKiu, iiuuuu. "I havo clTen Cascarets a thorough trial In an. obstinate case of constipation at a time when piles were forming. It yieldrd nicely to the treatment." T. Dale Glvan. il. D-. Nixa. Mo. "Cascarets cured mo of flux of long standing. Thsy are worth their weight in diamonds." Leopold Kahn, Wapakoneta, Ohio. Beat for the Bowels. All druggists, 10c, 35c, 50c. Never sold in caiie. The genuine tablet stamped C C C Guaranteedjto cure or your money back. Sample and booklet free. Address Sterling RemeUy Company, Chicago or New Tark. B3 a - t despondent, a enre n"""" i at hand. Restorss all