Morning Oregonian., February 18, 1902, Page 4, Image 4

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THE HOiSSlSiGf OBEG'CSlAS, TTjEgDA'Y, FEBtftlATf? IS, 1002.
SUPREME C0URT0PIM0NS
THE L..VW INTERPRETED AS TO
VALIDITY Of "WILLS.
Suit Over Log From Douglas Count'
Adjudicated Three De
cision GheK.
SALEM, Or.. Feb. 17. Three appealed
casus wore decided by the Supreme
Court today. The principal rules of law
laid down are as follows:
When a testator has seen the wit
nesses attest his will, and knows that
they subscribed it In that capacity, and
when he has made no objection thereto,
the Instrument Is properly executed.
The appointment of a guardian of a
person alleged to be non compos menti?,
by a court of - competent jurisdiction,
must necessarily create a presumption
of the mental Infirmity of the ward, but
such presumption may be overcome by
evidence showing that the ward -was in
fact -of sound and disposing mind when
he made a will on the same day.
If a. testator, at the time he executes a
will, understands the business in which
he Is engaged, and has a knowledge of
his property and how he wishes to dis
pose of it among those entitled to his
bounty, he possesses sufficient testa
mentary capacity, notwithstanding his
old age, sickness, debility of body, or
extreme distress.
Where a case is referred to a referee
to take the testimony and report find
ings. It is his duty to find upon all the
material issues, and upon a failure to
do this the report should be set aside.
Andrew J. Ames, respondant, vs. Mary
E. Ames, appellant, from Linn County,
It. P. Boise, Judge, affirmed; opinion by
Justice Moore.
This was a controversy respecting the
probate of an alleged will. "Andrew J.
Ames filed a petition in the County Court
of Linn County, showing that Lowell
Ames, his brother, died in said county.
April 16. lS&i. being at the time a resident
thereof and having an estate of the prob
able value of 525(K); that he left a will in
which he named Andrew and Joseph
Ames, his brothers, as executors, that the
testator was over 21 years of age, of
sound and disposing mind and memory;
that he left as his only heir, his widow.
Mary E. Ames. The will was executed
January SO, 1S99. and by its terms the
testator bequeathed to his niece, Anna
Ames, the sum of 5T00; to Andrew J.
Ames, the undivided half of his real
property, or In case he should not die
.seized thereof, the sum of $1000; and to
Joseph Ames the remainder of his prop
erty. No provision whatever was made
for his wife. The widow contested the
will, alleging that her husband was not
capable of making a will; that undue in
Jluenee had been used, and that the will
was not properly witnessed. The Coun
Ty Court decided tljo case in favor of
the widow, setting the will aside. The
cise was taken to the Circuit Court,
where Judge !3oisc reversed the County
Court, upheld the will, and ordered that
the executors be appointed as nominat
ed. The cc.c was then appealed to the
Supreme Court.
The evidence shows that In January,
3SW. George Knnble. a son of Ames wife
by a former husband, charged Ames with
a hlcnous crime and demanded money
for himself and property for his mother,
as a condition of his not starting a crim
inal prosecution. As Ames became
afraid of his stepson he had a guardian
appointed for hlmFclf so that he could
not be driven Into disposing of his prop
erty as demanded. On the same day
his attorney advised him to make his
will, and he did so, prior to having a
guardian appointed. The terms of the
will were outlined by Lowell Ames to
X. M. Newport, who drew the will and
refd It to Ames in the presence of the
witnesses. Ames then signed the will
in the presence of both witnesses, and it
was then signed by both witnesses In his
presence and In the presence of each
other.
The Supreme Court holds, after a re
view of the evidence that the testator
was competent to make the will; that
no "undue influence was used by the
brothers; and that the will was 'prop
erly witnessed. (
B. B. Sutton, respondent, vs. W. B.
Clarke and J. L. Baker, appellant, from
Douglas County, J. W. Hamilton, Judge.
re erred; opinion by Chief Justice Bean.
This suit was brought for the purpose
of recovering pay for certain logs al
leged to have been sold by plaintiff to
the firm of Clark & Baker. The de
fendants set up the defense that they
were given a term of credit which had
not yet expired, and also set up a coun
ter clHlm of damages for breach of a
contract for the delivery of logs. By
stipulation, the cause was referred and
the referee in due time made his find
ings, which were in favor of plaintiff
for ?30S 10. A motion was made by de
fendants to set aside the report, on the
ground that the referee did not find on
all the material Issues. This motion was
overruled, and judgment rendered for
plaintiff, from which defendant appealed.
The Supreme Court says that two ques
tions were presented by the proceedings
whether the money was due on logs
delivered by plaintiff, at the time the
action was commenced, and what amount
of damages, if any. were sustained by
the breach of contract alleged by de
fendant. "The referee seems to have deemed It
unnecessary to find upon the question of
damages." says the opinion, "because
performance of the contract was waived,
or because such performance was im
possible for want of sufficient water to
float the logs to mill. But these mat
ters are not" pleaded as a defense to
the counter claim nor as an excuse for
failure to perform. They were both,
therefore, immaterial questions, under
the pleadings, and could not properly
form the basis of a Judgment. It Is the
duty of a referee, in a ease of this kind,
to find upon all the material Issues made
by the pleadings, and for a failure to do
so the motion to set aside the report
fehould have been allowed."
Fannie E. Hlndman, respondent, vs.
S. M. W. Hlndman. appellant, from Linn
County. 11. I. Boise, Judge, affirmed;
opinion per curiam.
The opinion says: "This is a suit for
a divorce on the ground of cruel and
inhuman treatment. No questions of
law are Involved In the case. An exam
ination of the record has satisfied us
that the dcciec should be affirmed, and
it is so ordered." '
Lydla Willis, appellant, vs. Jeanette
Booth, administratrix, respondent, in
matter of will of Verona Wichscr Booth,
deceased: rehearing denied.
J. O. Hanthorn, respondent, vs. James
Qulnn. appellant: appellant allowed until
April 1 to tile brief and respondent 20
days thereafter to file reply brief.
Brentano vs. Brentano; motion to strike
out supplemental brief overruled.
SUIT FOR DAMAGES.
Sam of JfSOOO Demanded From Itall
rond Company.
ASTORIA. Or.. Feb. 17. The February
term of the Circuit Court was convened
today and will be In session for some
time, as there are a large number of
civil and criminal cases on the docket.
The case of Mrs. Ella Scott, adminis
tratrix, vs. the Astoria & Columbia River
Railroad Company is set for retrial be
fore a jury, on next Thursday. The suit
is to recover JS000 damages for the death
of Engineer W. M. Scott, who was killed
In a wreck near Bugby's Hole, on the
evening of January 12, 1001. The first
trial was held in ho September term
and the Jury failed to agree.
A suit was filed in the Circuit Court
today by the Herald Union Publishing
Company against County Judge Jr B.
Gray, Commissioner Chris Peterson and
Andrew Young and County Clerk Wher
ity. The suit Is to restrain the defendants
from making any contracts for county
printing until the matter Is passed upon
by the court. The plaintiff asks for
$100 damages because the contract was
not awarded to it. The complaint alleges
that the plaintiff filed a list of subscrib
ers as required by law, and also sub
mitted the lowest bid.
The Alaska Fishermen's Packing Com
pany at a meeting several months ago
Increased Its capital stock from 70.0M to
I2V0.OO0, and the original stockholders In
the company were allowed until the 13
of the present month to purchase addi
tional shares if they desired. At that time
143 shares of the new issue, representing
a. value of $7:.o00 had been sold.
The steamer Vanguard brought down
from Cithlnmnf th!; mnmlnc three tons;
J of steelheads for the local cold storage
plants. The run of steelheads in that
vicinity is increasing and thero are con
siderable ehlnookr caught. The price of
steelheads there is 3V4 cents per pound,
and chlnooks S cents per pound.
The funeral of the late Captain J. T.
Rustad. who was killed on Saturday
evenlng, was held this afternoon and the
interment was In Greenwood cemetery.
The funeral was under the auspices of
the Masons.
A gray eagle, measuring 7 feet 2
inches from tip to tip. was shot this
morning at Smith's Point, within the
city limits, by Jacob Millcrcek.
Captain Kennedy, of the British steam
ship Pembrokeshire, was ab:e to be about
the streets today with the aid of a cane.
He Is very badly bruised about the right
side and thigh, but will be fully able to
take command of his vessel when she
goes to sea.
JURY IS MADE UP.
Trial of Humphrey. "Warehouseman.
"Will Proceed Today.
SALEM. Or., Feb. 17. The trial of A.
M. Humphrey, on the charsre of violating
I the grain warehouse law, was commenced
today. A few days ago Humphrey filed
an affidavit for i chance of the place
of trial, allpging that because of the
prejudice of the people against him It
would be Impossible for him to get a
fair and impartial Jury here. At the
commencement of the trial, however, 12
jurymen satisfactory to both sides were
secured without going outside the regu
lar pane!. Tho trial will continue to
morrow. , C. F. Kellar addressed about 70 citizens
of Salem at W. C. T. I. Hail this even
ing on the doctrines of Socialism. He will
speak again tomorrow night.
Judge J. F. Caples. of Portland, was in
Salem today and will appeir before Gov
ernor Geer tomorrow to Intercede for
the pardon of E. D. Horner, who is serv
ing i sentence for forgery in Lane
County.
It was learned today that George Bayne
will in the near future erect a two-etory
business block on his property on State
street, between Commercial jnd Liberty.
This will be a very valuable improve
ment in n part of the city that has been
long neglected.
PENSIONS GRANTED.
A -wards to War Veterans in Oregon,
WafhJnjyton arid Idnho.
WASHINGTON. Feb. 17. Pensions have
been granted a' follows:
Oregon Original Ievl J. Shnncr. Hard
man, ?C:John Cruthcrs, Eugene. JC; Doug
las A. Morrlf. Sylvan. 55; Thomas J.
Wnrmoth, Brownsville, JC. Increase, res
toration, reissue, etc. Albert K. Olds.
Portland. JC; James S. Stark. Huntington,
J10; William K. Hicks, Woodburn. $12;
Charles Bohr Hubbard. S; Orrln S. Al
len. Beaviton, $12; Joseph Anson, Island
Cl;y, $10; George S. Munn, Salem. $10: Ja
cob J. Endicott. Myrtle Point. $12. Mex
ican war. Silas Hawk. Medford, $12;
George Frledcrich Binnlcke. Canyon
City. $12. Renewal, widows, etc. Cather
ine Biai.-. $12.
Washington Original George N. Mott.
Seattle, $G; war with Spain, Nathan Jet
mop. Vancouver Barracks. $G; Albert
Henry. Spokane. $10; Edward T. McClan
ahan, Palouse, $C; Taid G. LeSourd. Ta
coma, $S; James M White, Spokane, J;
war with Spain, Jbhn C. Burnett. Ta-c'-ma,
$C; Walter Wilber, Northport. $0;
William L. Wilkin. Seattle. $12;. Increase,
restoration, reissue etc William D. My
ers, Spokane. $23; Andrew J. Stark. New
Whatcom. $10; Josenh B. Long, Wayside,
$1. Original widows, etc. Hannah M.
Grlfllth, Everson, IS; Mary A, Vansickle,
Blaine, IS; Martha Currington. Black
Diamond. JS: Mary E. Brown Spokane,
$S: Ernestine Deutseh, Anacories. $S.
Idaho Original John Mayze Laclede. $0.
Increaso, restoration, reissue, etfl. James
Wolfenberge;, Troy, $S; Robert L. Jimer
so:t, Payette, $S.
DAM WASHED OUT.
It Furnished Poiver for Roller Mills
nt Monroe.
MONROE Or.. Feb. 17. The mill dam
across the Long Tom River at this place
was broken by high water Saturday.
This dam furnished power for the large
roller mills here, and the break will cause
a tie-up of the mills for some time. Re
construction of the dam will not be pos
sible beforo low water.
Tho recent freeze did not damage crops
In this locality. The fine weather of the
past few days has caused grass to grow,
and the buds of many kinds of early
foliage arc already bursting. Hazel brush
in in full bloom.
The price of land In general Is advanc
ing in this section of the state. Farms
which a few years ago could 'have been
purchased at $10 per acre are now held
at $20 to $25 an acre. Many new fam
ilies aro seeking homes here.
Dick Fruit, a member of the senior
class of the Oregon Agricultural College,
Is lying at the point of death at the
home of his uncle. Byron Woolrldgc, four
miles west of Monioe. Consumption is
tho cause. The sufferer is a popular
young-man.
LARGE DEAL IN MINES
BROKE JAIL AND ESCAPED.
Two Prisoners at JaekNonvIIle, "Who
Were Held for Kohhery.
JACKSONVILLE. Or., Feb. 17. Thom
as Tethcrstome and M. M. Reed broke
Jail last night, and are at large. They
robbed J. Nunan's store recently, and
were held to answer to the Circuit Court
in bonds of $3W each, and In default
of which they were committed to jail.
How they got out the Pauley cells no
one knows, but the cells were open this
morning. They escaped from the main
building by tearing away a. section of
tho corrugated Iron celling. The Sheriff
has offered $200 reward for their cap
ture, and a number of citizens are out
In pursuit. There. Is no clew to the direc
tion the culprits took. Two other pris
oners were in jail, but they did not try
to escape.
PRIZES FOR GOATS.
Exhibition "Will Be Held nt Dallas
Next Thnrndny and Friday.
DALLAS, Feb. 17. An Angora goat
show will be held here next Xhursday
and Friday. It will be the third annual
exhibition of the Polk County Mohair
Association. Diplomas will be given to
prize-winners. No entrance fee will be
charged for competition, and feed will
be furnished to exhibitors free. Two
grades of goats are eligible for entry,
thoroughbreds In the one class and all
other kinds in the second. Fifty-two
prizes will be awarded, 23 in each class.
Free space will be given to those per
sons who desire to exhibit sheep or poultry.
RED BOY AND CONCORD PROPER.
TIES UNITED.
In Granite District, Eastern Oreson
Pnid-Un Stock, $3.000,000 None
on the Market.
BAKER CITY, Or., Feb. 17. The great
est mining deal In tho history of East
ern Oregon was closed here today. The
noted Red Boy and Concord mines, of
the Granite district, were consolidated
Tho consolidation was perfected by the
Incorporation of the Red Boy Consoli
dated Gold Mines Company, under the
laws of West Virginia. Notice of the
filing of the incorporation papers on Feb
ruary IT. was received from the Secre
tary of State of West Virginia today.
Thi incorporators are:
E. J. Godfrey, of Portland; Clark Taber,
of Granite: J. H. Bobbins, of Sumpter;
James A. Howard, of Pendleton; C. A,
Johns, o Baker City; and N. C. Rich
ards, of Sumpter.
The capital stock is St.GCO.000, with a par
value of $1 per share. The powers of trie
corporation are extensive. Tho stock is
divided Into common and preferred, and
a dividend of 3 per cent is guaranteed on
tho preferred stock annually, after which
the common stock Shall receive a divi
dend of 3 per cent, and out of any sur
plus remaining both stocks shall receive
equal dividends. The stock is all paid up,
nono having b-on plnccd on the market.
until tomorrow to decide whether to file
an amended complaint.
A Variety of Arrests.
John Tharp, arrested last week for horse
stealing, was today- held to the Circuit
Court in $503 bonda. He was also arrest
ed charged with "endeavoring to incite
Pearl Smith to perjury" In swearing false
ly In Tharp's favor. He was held in $25)
bonds for this offense. Smith was ar
rested on a charge of accepting a bribe
of $100 to i-wenr falsely for Tharp. He
Is In Jail.
Oregon MI::InR Stoelc Exchange.
POUTLAND. Feb. 17.
Yesterday'o quotations were:
Bid. Asked.
Alarlca M. & M U 11 -i
.dams Mountain 2h, C
Amoria-Millxiurne (Gtd.) 30
ltronze Monarch 174 1$4
Caribou 2i 3
Copperopolls 20 100
Crystal Consolidated HU 17
Cn;capo 7s i
own t- Caiman r.yi
Gold Hill A Ushemia i 2o
Huronlan ;.,!, 8
Lost Horse 2j 3-i I
Oieron-Colonwlo It. M. & D 2li 23 !
ilverld V4 i
bumpier ;3n.o::t:atHi zv, Sj,
Sweden Cojp- cGtd.) S7.- !(
Winnipeg (Ltd.) y- 12
Snle.-: Prlc.
Vti) Itronre Monarch , 174
l-WiO rry.st.il CorwotMiUf-d 13
O-l Cn-edo Caluiaft 3
10 Sweden Copper S7Vs
SPOICANE. Fb. 17. Th closing quotation.
of mining tock today were:
Did. Ask.j Did. Ask.
1 l J Mora. Glory .. SVi SM
14 'Mcrrtor. 2 3'4
a Prla. Maud .. 3". 3-.
It', Hi iQullp 31
2 2'.&i I;.sn!. Car ...SI SSS
Z'?i tt-4. Republic 8 $,i
1?m - 1 Reservation 2'.4
"n-Fulllvfin 'J 0-lk
"UTom Thumb ..23 23
2-',SiT:nd Uoilar.. 7'. t)
KILLED BY EXPLOSION.
"Water Ooming In Contnct "With
Molten Metal Causes Death of Man.
EVERETT. Wash., Feb. 17. James Per
rlt, a laborer at the Puget Sound Reduc
tion Company's plant, was instantly
killed last night by the explosion of
molten metal Into which water was ac
cidentally introduced. Perrit was a
member of the Catholic Foresters. He
left a wife.
Killed by n Slide.
Two Japanese section hands wero killed
by a slide on the railroad near Edmunds
today while working to clear the tracks
of a succession of slides blocking the line
from Everett to Interbay.
Jntl-Ilrcal: Frustrated.
Sheriff Zimmerman's deputies frustrat
ed an attempted jail-break in the county
Jail yesterday. Two prisoner? held pend
ing an appeal on seven years' sentences
for highway robbery cut through the
iron plate of the floor and would have
liberated 34 convicts had they not been
discovered in the nick of time. They
used a file, a saw and a chisel, which
had been smuggled In.
High water in the Stlllaguamlsh River
carried away ICO feet of the wing dam at
Arlington.
Amr. Boy .
Klacktail ....l-:u.
Uatte & lief.. 2
Ufer. Hur ..
Icr Trail
Kl-h"malda
Gold Led co
L. i Surji.
I.. Drey 11: s
Mtn. Lion
...32U
SAX FRANCISCO. F'b. 17. OlTicial closing
quotations of mining stc-hs:
Belcher SO OJi Occidental Con ...0 OT
Host & Uclcher... -3 Ophjr 03
'aledonia 2, Overnjan 7
Challenge Con ... 10 I'otcid 11
Chollar Hi Favsjc 7
Confidence T.S.SK'rra Nevada ... 13
Con. Cal. & Va... 1 23, Silver Hill 07
Trown. Point .... 0. Standard 3 15
Gould it Currr... l.TCnlon Con 21
Hale & Norcross. 31 Utah Con 2
Justice lOjYellow Jacket 17
Mexican 33
NEW YORK. Feb. 17. Mining' stocks today
clos-ed as follows:
Adams Con $0 20J Little Chief :.$0 12
Alice -15'OntarIo C 73
Ureece C3 Ophlr iw
Brunswick Con .. J) I'hocnlx 0
Comstock Tunnel. 3iPote.l 10
Con. Cnl. & Va... 1 23 Savnge a
Dead wood Texra.. 5n Sierra Nevada ... 12
Horn Silver 1 40 Small Hoxn ...... 3D
Iron Silver OilStandard 3 00
Lcadvllle Coa ... 3
BOSTON. Feb. 17. Closing quotations:
Adventure 5 20 75'Old Dominion ..$ 21 SO
Allouo2 3 23.0fceo'.a 77 30
Amalgamated .. 71 Oo.Parrott 33 25
ltltle 3! 00 Qulncy 140 (x)
HinKham 22 ."rhTamarack ...... 232 00
Cal. . Hecla... C2S OO.Trlmountaln .... 73 00
Tente.-.ntal 14 OO.Trlnlty 12 30
Topper Ranse . 3! OJ;Cnlted State .. IS 00
Dominion Coal. 73 00 L'tah 24 23
Franklin 13 50 Victoria 3 00
b!e Royale 21 Of,Vlr.ona 11 30
Mohawk 31 25 Wolverines .... 50 30
UP AGAISST PNCLE SAM.
Attorney at San Franelseo Cbnrprcd
AVIth Frnndtilcnt Use of Malls.
SAN FRANCISCO. Feb. 17. C. R.
Maim, an attorney, was arrested by the
United States Marshal today and charged
with having used the United States Mails
for fraudulent purposes. At his own re
quest he was taken beforo Commissioner
Heacock immediately and his hearing was
aet for Wednesday afternoon at 2 o'clock,
with ball at $1500.
It is alleged that Mains has been rep
resenting himself as the Western repre
sentative and attorney of the American
& European Fuel Mining &. Transporta
tion Syndicate, and also a representative
of the American & London Safety De
posit Surety & Investment Company.
"Tho combined capital" of these syndi
cates in the pamphlets and on the letter
heads used bj Mai"is placed at "$4.000,.
OtX',000." Mains sent literature relative
to the plans and object.? of the fuel syn
dicate broadcast throughout the United
States. Among those who answered him
was a Dr. Charles E. Bennett, of Wnuson,
O. While tho doctor thought well of the
scheme, he had the discretion to Inquire
of the postal authorities what the stand
ing of Mains might be.
Investigation revealed Mains' record,
and his arrest followed. Mains also in
formed Bennett that he had 25.O!.003 of
bond-secured paper to dispose of. and
fl.JKJ.OM subject to his order here In San
Francisco. W. Scott Gifford Is represent
ed In the prospectus as the "actuary" of
tho company. A warrant has been Issued
for his arrest. Mains Is said to bo an
Eastern lawyer, admitted to practice at
Battiu Creek, Mich.
Well Known nt Detroit.
DETROIT. Feb. 17. C. R. Mains, who
wag arrested today nt San Francisco by
the United States Marshal, was the cen
tral figure in a sensation which stirred
the whole state about two years ago.
Malnji at that time was one of the most
prominent attorneys In Battle Creek
Mich., and was arrested on a charge of
conspiracy to kill. This conspiracy, it was
alleged at Jlie time, was against the life
of S. F. Hurlbutan attorney of that
place, who had brought charge." of per
jury against Mains. It was alleged that
Mains hired a man by the name of "Mol
lio" Magulre to sandbag Hurlbut and
bring him In an insensible condition to a
place where Mains was waiting, and where
he expected to revive Hurlbut, and, by
threat! of death, compel him to sign a
statement exonerating Mains from the
charge of perjury. "Mollle" Magulre was
arretted, and confessed the part he was to
have taken in the alleged conspiracy.
Mains was acquitted of the conspiracy
charge, but afterward was disbarred by
the Michigan Supreme Court.
THE PENDLETON DISPUTE.
The Court Denies One Injunction and
Sustains Another.
PENDLETON, Or., Feb. 17. Judge Ellis
handed down an opinion In the city in
junction cases this afternoon. He ruled
partly for the one and partly for the
other side; in the controversy. He sus
tained a demurrer of Mayor Halley and
Councilmcn Clopton, Johnson. Wells and
Dickson against an injunction brought by
Marshal Heathman and Recorder Beam,
but sustained an Injunction against Lane
and Frazier. who were elected by these
four Councilmcn and the Mayor to take
the places of the old officers.
The Judge held that there was not suffi
cient ground in the complaint for an In
junction against the Mayor and the four
Councilmen. but sustained the injunction
against Lane and Frazier in so far as they
might interfere with the old officers In
carrying out their duties?. Plaintiff has
"WILL SOOX RE FINISHED.
Irrigation Ditch Near Medford "Will
Be tr, Miles Lour.
MEDFORD. Feb. 17. The Fish Lake Ir
rigation ditch will bo completed by the
first 01 May. Tho ditch starts at a point
on Llttlo Butte Creek, about 30 miles
north of Medford. The most difficult part
c the work is now completed. Tho two
largect rock cuts have been finished, tho
fust being 20o feet In length and the
second E0"' feet In length. A. ditch live
feet in depth ha3 been blasted through
these rocks. Tbc ditch Is 63 miles long.
The flume across the South Fork of Little
Bu.te is practically completed, and the
Lake Creek flume is well advanced. A
new lumber contract has been made, and
&) feet a day Is being sawed for the com
pany. All team work Is completed, and
thei company stock has been placed In
Winter quarters. If the good weather
c-ntinurs about 45 days more will be re
quired to complete all of the work nnd
supply Rogue River Valley with water
for power and Irrigation purposes.
DEATH ON A TRESTLE.
Southern Pacific Train Strnclc a Mnn
Near Turner He Died Soon After.
SALEM. Or.. Feb. 17. Georse Green
bslge. a farmer residing near Turner, was
killed by a Southern Pacific train near
that place yosterday afternoon. Green
bnlgc was crossing a trestle. He crouched
down on the ends of the bridge timbers
so as to be in a place of safety, but Just
a? the train reached him he raised up to
drag his dog off the track. The cars
struck him, knocking him off the bridge
Into the creek. He died within ,i short
tlmo after the accident. He Is a widower
and left no family.
IN PORTLAND TODAY.
Governor McRrlde Left AVnlln "Walla
Lnst Nlsrht.
WALLA WALLA. Wash., Feb. 17. Gov
ernor McBride and Mesrrs. LUter. Reed
and Ncal. of the State Board of Control,
completed their examination of the peni
tentiary today and found things fairly
satisfactory- They left for Portland to
night, en route to Vancouver. No an
nouncement of appointments or changes
in the penitentiary official? has been made.
Politicians of all grades and factions in
terviewed the Governor. He listened pa
tiently and said remarkably llstle.
RORHERIES AT LONG BEACH.
Seventeen Houses Ransacked Burg
lar Arc In Jail.
ILWACO. Wash., Feb. 17. Seventeen
houfies on Long Beach, belonging to Port
land pccplo who spend their Summers at
the seaside, have recently been ransacked
by burglars. The thieves have been ar
rested, -and are now In Jill. It Is not be
lieved" that anything of great value was
stolen.
NORTHWEST DEAD.
Charles "Welch.
SALEM, Or.. Feb. 17. Charles Welch
died at his home In this city tontyjit, aged
SI years. Deceased was born in Richland
County, Ohio. He moved to Indiana when
4 years old. and lived there until 1S01,
when he came to Salem. In 1S57 he mar
ried Hannah E. Adair. He was'a lifelong
member of the Presbyterian church, and
an elder for ovsr 0 yenrs. He left i:e
foilowIng-nnmedchiIdren, all grown and
resldinsr In Salem: Mrs. Flora A. McCoy
and Ella L. Olive B.. Annora M. and
Frank A., William H. and Arthur D.
Welch. The funeral will be conducted
Wednesday morning at 10 o'clock. Rev.
A. H. Ketchum, of the Presbyterian
Church, officiating.
Mr. Welch was a member of the Odd
Fellows' lodge and encampment. These
orders will conduct general services at the
grave.
Walter W. Mnrjjhy.
SALEM. Or., Feb. 17. Walter W. Mur
phy, aged -10 years, died at his home on
Howell Prairie yesterday afternoon.
corporated a year ago, will be ready to
start up March 1. The creamery is the
only one In this section of Clackamas
County. The milk will be secured from
350 cows, owned by 53 co-operative stock
holders. Tho plant Is to be run on the
hand-separating and cream-gathering
process. Each stockholder will have a
separator and the cream will be collected
from each route, ono through Redland
and Viola and one through tho Eagle
Creek and Qurrlnsvillo districts.
Arrested on Suspicion.
VANCOUVER. B. C. Feb. 17. The
man suspected of being KaufCman, tne
alleged murderer of a San Francisco po
liceman, was arrested here today, but he
does not tally with the description sent
from San Francisco. Tho suspect, who
gives his name as Frank Arnold, of Syra
cuse, N. Y.. Is the supposed murderer
who has been traced up the Coast to va
rious points. His height s C feet 2U
Inches, but he weighs only 1M pounds,
nnd Is four inches taller and 100 pounds
lighter than the man wanted. He says
ho Is 23 years old, and he looks that
age. He has a crippled right hand nnd
wrist.
Polk Coanty Brevities.
DALLAS. Fob. 17. Saturday evening
Louis Bu;ler and Lee Walton were com-J
mitteu to tne county jail tor assault anu
battery In West Salem, Polk County.
The second basket-ball team of Dal
las College played the Dixie team Sat
urday night. The score was 10 to 15, In
favor o' Dallas.
Tho Polk County Republican Central
Committee, M. D. Ellis, chairman, will
meet In Dallas March 1.
Sheriff J. G. Van Orsdale's second term
expires at the coming election. This fact
is producing a great crop cf candidates
for the office.
The teachers' examination for this
county lnst week resulted as follows:
First-grade certificates: Miss Abbie G.
Wclkal and C. G. Graham, of Falls City:
second grade. Miss Myrtle Gardner, Buell;
C. E. Mulkey and Miss Edith Houk.
Lewisvllle; B. F. Merrill, Independence;
third grade. Ivy G. Burton, Independ
ence; Winifred Arant. Monmouth, and
Dora Roy and W. J. Starr, Dallas.
Work of Snlmon Hatcheries.
OREGON CITY, Feb. 17. J. Nelson
WIsner, Jr.. field superintendent. United
States Commission of Fish and Fisheries
arrived last night from Southern Wash
ington and Oregon districts. He has estab
lished headquarters at Oregon City. Five
hundred thousand more whitefish fry have
recently been planted in Lake Sequallt
chew. Pierce County, Washington, and to
day Messenger Lcighton Kelly was dis
patched with another SK.OOO for the same
place. It Is yet too early to note results
of those planted last year.
Tho commission Is again taking up the
hatching of steelheads In this vicinity.
Heretofore attempts to tako thesa eggs
here in the Willamette near the falls have
been unsuccessful, owing to the warmth
of the water and the difficulty of pre
serving them.
New Creamery Will Bejjin Work.
OREGON CITY, Feb. 17. The Clear
Creek Creamery, at Stone, about eight
miles from Oregon City, -which was in-
Smallpox Makes a Panic.
WALLA WALLA. Feb. 17. Smallpox
has broken out at Riverside, a station
20 miles from this city, on the line of the
Washington & Columbia River Railway.
Mrs. A. L. Llndsey. wife of a fireman
on an engine engnged in construction
work, has been taken down, and a rigid
quarantine was established yesterday. At
Riverside a gang of men is employed in
filling in a large trestle, and a locomotive
io used in the work of shunting cars. The
appearance cf smallpox neariy caused a
panic in lite camp.
New Tenchers In Donslns County.
ROSEBURG. Feb. 17. The successful
applicants for teachers' certificates were
announced today. There were five suc
cessful candidates for state papers, as
follows: Milton Germond, Wilfred Brown.
Mary Hefty. Ethel Putnam, Lulu Tldd.
For county papers there were 20 suc
cessful applicant?, 10 of them women.
Twelve applicants for county papers
failed to pass.
Lnrgc Ore Deposit Opened.
BOISE, Idaho. Feb. 17. News has been
received under date of February 2 from
the foreman of the Gold Ridge Company
at Thunder Mountain, announcing that
a tunnel heing run on the Fairvlew No.
3 has opened a great ore deposit. He
does not give values, but soys that the
ore pans well In free gold, and that It
Is similar to that in the Dewey property,
two miles east.
EAWAIIANS will protest
Mass Mi-etlnx to Take Action on Bill
of "Wilcox in CtmKress.
HONOLULU, Feb. 3, via San Francisco,
Feb. 17. A mass meeting was held last
night under the auspices of Hie Republican
Territorial Central Committee to protest
against the bill recently Introduced In
Congress by Delegate Wilcox providing
for the establishment of a National lazar
etto at Molokai. The meeting was largely
attended, representatives from commercial
interests and various prominent people
being present. The greatest Interest wao
taken In the proceedings by natives, sev
eral of their leaders being heard In oppo
sition to the measure.
It Is understood that the Home Rule
party's executive ccmmlttce will send
their version of the present political quar
rels to President Roosevelt, In order to
offset any adverse report which mllu be
made by Senator George R. Carter, who
leaves Tuesday for Washington. It is
stated that they will forward resolutions
of the same character to the Joint resolu
tion passed by the last Legislature, which
demands the removal of Governor Dole.
Edward M. Griffith, of the Forestry Bu
reau, who has been here several weeka on
a special mission of Inspection, will leave
February 14 on the China for Manila, as
he Is to engage in similar work in the
Philippines. He will recommend the ap
pointment by the department of forest
rangers, and the establishment of a for
estry bureau in the Hawaiian Islands.
The transport Thomas arrived this morn
ing from San Francisco after an unevent
ful voyage. Snc will sail for Guam and
Manila February 11.
DUM0NT NOT DISCOURAGED.
Orders .a New Motor, nnd "Will Try
AsaiiJ to Cro.sx Mediterranean.
NEW YORK. Feb. 17. M. Santos-Du-mont
Is already at work preparing his
plans for the rebuilding of his airship,"
wrecked on his last attempt to cross the
Mediterranean, says a Journal and Amer
ican dispatch from Monaco. Efforts to
grapple his motor, the sinking of which
was the most serious loss of the disas
trous attempt, have all failed, and he has
ordered a new nnd more powerful one.
That ho will ultimately cross the pea is
regarded here as a certainty, for only
his death will stop him. Though he was
near to death from drowning, from being
smothered In the silken folds of his col
lapsed balloon, and from being burned
to death by the igniting of the oil he
uses for fuel, his peril seems to have
have made the least possible Impression
on him. Tho peril to which he was ex
posed and the narrowness of hl3 escape
ho dismisses with a shrug of his shoul
ders, but. on tho subject of the loss of his
motor and the delay in his plans caused
by that mlsfortuno be is desperately elo
quent.
Education in the Sonth.
MILWAUKEE. Wis.. Feb. 17. Profes
sor O. F. Hlllyer, professor of biblical
language at the .Atlanta Theological
Seminary, in an address at Plymouth Con
gregational Church, made the statement
that there are twice the facilities for
the education of the negroes in the South
to that for the whites. The latter. Mr,
Hlllyer said, had been neglected, and it
was to the advantage of good citizenship
that attention be made to this phase of
development in the South. Professor
Hillyer has come North for a three
months' leave of absence, to arouse in
terest In the poor whites of the South.
He pays the greatest problem in the
educational and religious work in the
South is to secure men for the work. If
100 churches were to be organized there
today, he said there would be no men for
pastors.
For Sclf-Snpportinfr Rectors.
NEW YORK. Feb. 17. To establish an
order of Paullst Fathers among the
clergy of the Protestant Episcopal
Church Is the kvtest proposition of some
of the members of that body. The sub-
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SI. AU tout J. C. AYEI CO., U-wU, Nu
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ft; 1
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war broken down In health from
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mat. His doctor prescr.bod Duffy's Pure Malt
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Jcct emanates from the Middle AVest,
The Idea of the advocates of the scheme
Is to have rectors of small parishes en
gage In some other business which would
support them permanently, regardless of
the Inability of the parish to pay them
salaries. The originator of the plan is the
Rev. Conrad It. Blmbnch. of Plttsfleld,
111., formerly of Ilammonton, N. J. lie
says:
"The population of this country re
spects us where we are known. But In
most places we are still unknown, or.
what Is worse, mistakenly known .as a
cranky set of people. Matters have been
made much worse In the case of small
parishes, which tenaciously stick to
their privilege of calling their 'preach
ers from everywhere, the further the
better. On account of this evil, the
church Is in small places usually repre
sented by that floating class of clergy
men who are always looking for some
thing better."
Hold Safe Rohliery.
NORTHAMPTON, Maws.. Feb. 17. Five
men early today overpowered the watch
man in the street railway company's ofllce,
blew 'open the two safes, secured J200 in
cash. WOO in checks and escaped.
Htjii
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THE HEALTH APPLIANCE CO.. room 47-J
Saf Deposit bulldinxr. Seattle. Wash.
San Francisco, Cal.
I am now having
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