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