THE MORNING OEEGONIAN, TUESDAY, APEIL 1, 1902.
SUPREME COURT OPINIONS
THREE dFPJRMIXG DECISIONS ARE
. "'
tHATTDED DOWN.
Counsel May "Comment Upon Evi
dence and Draw Legitimate In
ference Therefrom.'
SALEM, Or., March SI. The Supreme
Court today handed down four affirming:
decisions. The principal caee was that of
Huber vs. Miller, which attracted -wide
attention in Portland about two years ago
because of the fraud alleged and the
strong language used by Attorney Henry
33. McGinn in denouncing the alleged con
spirators. The principal points of law In
volved In the oases are as follows:
It Is the privilege of counsel to com
ment upon the evidence, and to draw all
legitimate inferences therefrom.
Where there is testimony from which
the jury can fairly and legitimately Infer
the fart in issue, the Jury are to deter
mine the matter.
A County Court may give a guardian
credit for money spent without its order, J
for the necessary maintenance of the
minor child.
Uplands lying between a meander line
and the line of a stream belong to the
man who owns to the meander line.
J. M. Huber, respondent, vs. C. W. Mil
ler, appellant, from Multnomah County,
Arthur I. Frazer, Judge; affirmed. Opin
ion by Justice Wolverton. ,
This was an action to recover money al
leged to have been loaned to defendant by
plaintiff. The complaint contained two
counts. I3y the first It was alleged that
tho plaintiff, on September 7, 1S92, at the
instance of defendant, advanced and
loaned to him $1000. which defendant
agreed to repay In six months, with inter
est at the rate of 10 per cent per annum, of
which $375 as Interest had been paid. By
the second count, it is alleged that plaint
iff advanced to defendant $1000 on Octo
ber 14, 1892, which defendant agreed to
repay in one year, with Interest at 10 per
cent per annum, and that no part of the
principal had been paid, and but $145 In
terest. The answer consisted of denials
only. Trial was had before a jury, result
ing In a verdict for plaintiff, and defend
ant appealed.
On the appeal defendant asked a re
versal on three grounds that attorney for
plaintiff was allowed In his argument to
go outside of the evidence and to resort to
personal Invective and abuse; that the
court erred In overruling a motion for a
nonsuit, and that the court erred In over
ruling a motion to direct a verdict
The plaintiff averred that he loaned the
money to C. W. Miller, while Miller main
tained that It had been loaned to a cor
poration known as the "Home Builders"
and J. D. Cook and C. E. Howland. Among
the remarks made by Attorney Henrv E.
McGinn were the following:
"Now. If theer were ever two bunco men
In the State of Oregon, those two men are
Miller and Miller. A bunco man goes
down ordinarily and meets a man at the
tralnj he takes the man uptown, gains
his confidence, and then takes him into a
room and introduces him to a friend of
his, another man, and that man fleeces
him out of hte money. According to the
testimony of these people, that Is about
the basis these men acted upon.
"You can take the testimony of C. W.
Miller; It was that Elmer Miller went to
work and took this man into the office of
C. M. Idleman and left Idleman to do the
work, put their construction oipon It.
That Is the testimony of Elmer Miller;
he took him to Idleman's office to have
Idleman fleece him there. . . . We tried
a bunco man the other day in the criminal
department of this court, but what that
man did was a trifle compared with C. W.
Miller, the man who bilked this old man
out of his money. . . In the start,
who caused It to be done? The Millers,
the Cooks and the Howlands, who preyed
like vultures and wolves upon this com
munity for four or Ave years; who, if they
had their Just deserts, would be in the
penitentiary."
Other abusive language was employed.
The Supreme Court says:
"It is the privilege of the counsel in
argument to comment upon the evidence
and facts proven, and to draw all legiti
mate Inferences therefrom. In this the
law accords to him a large degree of free
dom, and the means thus accorded Is
Justly regarded as most efficient In arriv
ing at the truth. The latitude or range
of argument, however, cannot be permit
ted to extend beyond the facts In evidence,
and It Is a Just and ample cause for re
versal where counsel, against objections,
are allowed to state facts pertinent to the
issue not In evidence, or to assume in ar
gument that such facts are In the case.
"Now, there Is evidence in the case upon
which an Inference may fairly be predi
cated that the plaintiff was induced to
part with his money by indirection; that
Miller and Miller were allied in some man
ner not fully disclosed with the makers
of the alleged notes, and that all were
-engaged in a common purpose to obtain
money on the credit of Irresponsible par
ties. This condition gave rise to the espe
cial characterization by counsel, and a
comparison of the transaction with a
bunco scheme. However severe the ar
raignment of the parties concerne8, the
argument was within the range of the
facts In evidence, and there was no mani
fest attempt on the part of counsel pur
posely to draff into the case extraneous
facts or matters not legitimately before
the jury, with a view to influencing their
verdict."
It is held that thero was evidence upon
the Issues sufficient to take the case to
the jury, and hence there was no error in
overruling the two motions referred to.
Barbara Stager respondent, vs. Troy
Laundry Company, appellant, from Mult
nomah County, Alfred F. Sears, Jr.,
Judge; affirmed. Opinion by Justice Wol
verton. The plaintiff secured a Judgment against
defendant for damages sustained in de
fendant's laundry. The principal rule of
law laid down in affirming the Judgment
is as follows:
"If there is testimony in the case from
which the Jury can, by application of In
telligent and reasonable deduction, fairly
and legitimately infer the fact In Issue,
the Jury are to determine the matter, not
withstanding other evidence may 'have
been adduced la direct conflict there
with." ,
Otto Johnson, respondent, vs. James F.
Tomlinson, appellant, from Tillamook
County, R. P. Boise. Judge; affirmed.
Opinion by Chief Justice Bean.
This was a suit to quiet title to a small
strip of land lying between the Govern
ment meander line and the line of ordi
nary high water in Tillamook and Trask
RIvens, both of which are tidal streams.
The plaintiff contended that the land in
controversy was upland, and belonged to
him; the defendant claimed under a deed
from the state, contending that the land
was tldeland. The Circuit Court decided
in favor of Johnson, whereupon Tomlin
son appealed.
The Supreme Court, in affirming the
lower court, lays down the following rule
of law:
"Where a stream Is Intended to be
meandered by public surveys, the stream,
,and not the actual meander line, as run
on the ground, is the true boundary of
"the riparian owner."
After an examination of the testimony
it Is held that there Is a strip of upland
lying between the meander line and the
actual line as run by the Government and
the line of ordinary high water, and that
this land belongs to plaintiff, who Is ac
knowledged to be the owner to the mean
der line.
Orpha Cutting, guardian, and Katie R.
Wilson, appellants, vs. Fred Scherzlnger
J. W. -Hellenbrand, T. J. Lucy and G. h!
Page, petitioners, respondents, from TI1
lomopk County, R. P. Boise, Judge; af
firmed. Opinion by Chief Justice Bean.
This was an appeal from a decree af
tfrinlng in part an order 'of the County
Court settling a guardian account. The
bondsmen petitioned the County Court to
credit the guardian with sums of money
expended by blm for the support, main
tenance and education of Jils wards. At
the some fltne, Orpha Cutting", who had
been appointed guardian when C. D. Cut
ting was removed, filed a petition asking
the court to approve as his final account
a statement filed by C. G. Cutting. The
court, however, decided that the credit
should be allowed, and an appeal was
taken.
The Supreme Court lays down the gen
eral rule that a guardian should procure
authority from the County Court before
expending any of the principal of the
guardianship funds in hie hands, but nev
ertheless he may expend such funds for
the maintenance of his ward and there
after have the court approve his action
and allow him credit therefor. After a
review of the evidence the Supreme Court
holds that the money was actually ex
pended as claimed by the bondsmen, and
that the County Court properly gave the
guardian credit therefor.
PRICE OF SALMOS.
Will Probably Be the Same a It Wai
Last Season.
ASTORIA, March '3L While no price for
salmon has yet been fixed by either the
fishermen or cannerymen, it is generally
understood that the price will open tho
same as last year 5 cents per pound
for the smaller fish and C cents per pound
for all over 25 pounds. The Fishermen's
Union will hold a meeting next Monday J
nignt, at wnicn tne price 01 nan win De
agreed upon.
Bids have been opened by Constructing
Quartermaster Goodale for the "erection
of an ordnance workshop at Fort Ste
vens. Five bids were received, as follows:
Ferguson & Houston, $1237; C. G. Palm
berg, $1378; J. W. Suprenant. $1495; J. Ef.
Uric, 51214; Ferguson & Houston, with
local slate, $1187. The bids have been for
warded to Washington, where the contract
will be awarded.
Ben "Waud, who was shot in the face at
Westport a few days ago by Emll Hog
lund, was placed before an .X-ray machine
last evening to determine if the bullet
still remained in his body. The bullet en
tered his left cheek, and was believed to
have passed out of his mouth, but the
examination showed that it was lodged
in his throat back of his tonsils. It Is
expected that there will not be much diffi
culty in removing it after he has recov
ered from the shock of the shooting.
The gasoline schooner Anita, which ar
rived in port last evening from Nestucca,
has a cargo of 1800 cases of salmon for
John Klernan, of Portland. She left up
the river today to discharge It there.
A call was Issued by City Treasurer
Dealey today for all general fund war
rants indorsed prior to June 1, 1901.
Albert Sllinskl, Herman Welnester and Al
Hoyt, who were arrested several days ago
for the larceny of nine logs from Angus
R. Foote, at Westport, were arraigned in
the Justice Court for a preliminary hear
ing today. They waived examination and
were held under 200 bonds each to await
the action of the Circuit Court.
HOPS AT 12 1-2 CENTS.
Contract Made for 12,000 Pounds of
This Year's Crop.
SALEM, Or., March 31. The top record
in hop contracts was reached here today
in an agreement between James B. Hunt
et al., of Gervais, and Lllienthnl & Co.,
of New York. The contract Is for 12,000
pounds of the 1902 crop at 12 cents, and
for an advance of 6 cents per pound. The
highest figure offered in any other contract
filed before today was 12 cents.
W. F. Buckner, of Jefferson, today con
tracted with the E. Waltenberg Company,
of New York Cily, for SOOO pounds of this
year's crop at 12 cents.
Examination of Mall-Carriers.
J. W. Haas, of Portland, Inspector of
rural mall routes of the Pacific Coast
and Western States, was in Salem today
and conducted an examination of candi
dates to supply a vacancy In the carriers
operating out of Salem. But two candi
dates appeared William Hayden and H. A.
Johnson, Jr. The successful applicant
will not be known until the papers have
been passed upon by the Civil Service
Commission at Washington.
The examination required of prospective
carriers in the rural mall service is not
severe, nor does it embrace many
branches. Requisite qualifications are
good penmanship and orthography, with
facility for reading letter addresses.
Mr. Haas left today for North Ontario,
Cal., where he has official business.
Medical Stndents Graduate.
The 35th annual commencement exercises
of the medical department of Willamette
University were held In the First Meth
odist Episcopal Church in this city this
evening. The graduates were:
Doctor of Medicine Frank E. Beau
champ, Walter W. Bruce, Orland W.
Bean, James W. Thomas, Augustus E.
Tamlesie.
Nurses Miss Llda, L. Thompson, Mrs.
M. M. Patton.
Received nt Asylum.
Alice F. Hedges, aged 41 years, and Au
gusta Henness, aged 42 years, of Oregon
City, and Robert Hill, aged 70, of Klam
ath Falls, were received at the insane asy
lum today.
Received at Penitentiary.
Thomas Woods, convicted of larceny in a
warehouse, and sentenced Xo 18 months'
imprisonment, was received at the peni
tentiary today from Umatilla County.
Old Hops at 13 1-2 Cents.
Al Jerman, ,of Howell Prairie, today sold
160 bales of 1901 hops to Faber & Neis,
of Albany, at 13 cents. This transac
tion represents about all of the 1901 crop
remaining In the hands of growers, and
FUNERAL OF
OREGON PIONEER
OF 1850 TODAY.
FREDERICK' FLOREY
FOREST GROVE, Or., March 81.
Frederick Florcy, the Oregon pio
neer of 1850. who died at "Wapato
yesterday, will be burled In the
Almoran cemetery tomorrow. Mr.
Florey was aged 77 years. In 1855
be was married to Miss Elizabeth
Doty. He left a wife and the
following children: Henrietta, Al
fred, Mrs. Jenette Steventon and
Mrs. Elizabeth Erph, of Wapato;
Frederick and Charles Florey, of
Portland.
practically cleans up laBt season's yield,
so far as the growers are concerned.
Homestead- Patents Received.
OREGON CITY, March 31. Homestead
patents were received at the Oregon City
Land Office today for the following set
tlers: Anton Kerowskl, Addison G. Hotch
klss, Abraham Grocsen, Martin Gutsengat,
John Erickson, Alexander Anderson, ClaLl
borne F. Blgbee, John W. Davis, John
C. Holden, heirs of Arden K. Hahdy, Pe
ter A. Syron, Albert E. Rosser, David
OHn. Charles H. Barberow, Marcus D.
Swabb Harry R, Brock, George Kcllow,
Carl C. Jensen, Edwin J. Kellow. Mar
tin Hammer. Felix Demppey.Harley H.
Small, Joseph Wlerl, Leroy Francis, Char
ley M. Doty, John Lomkcr. Sherman D.
Barney, Albert Ennls Cooper, Daniel
Bray, John F. Hantelman.
NATIVES ARE STARVING
MUCH DISTRESS A3IOXG THE3I AT
CAPE SOSIE.
Their Winter Supply of Fish In Short
Cftarlty Reaches Its
Limit.
NOME, Jan. 17, via Seattle, March 31.
R. T. Chestnut, under date of January
9, writes concerning the destitution pre
vailing at the native village west of Cape
Nome. He says: '
"It seems that there are 12 or 15 of the
natives, mostly women and little children,
who are absolutely destitute. They are
without food or clothing. For the past
two or three weeks they have been in a
most deplorable condition, coming to the
roadhouses of Mrs. RIgley and Mr. Mc
Culltn, at the west side of the Cape, and
to Mrs. GInlvIn's, east of that point.
"It is pitiful to' see such distress. The
miners have furnished these poor natives
meal after meal, and have given theia
provisions to carry back to their miser
able igloos. The limit of their charity
has about been reached, and it is sug
gested that it Is about time that the-Gov-ernment
officials, either civil or military,
or both, lend a helping hand."
V. H. Francis, who reached Nome Mon-
YOUNGEST MEMBER OF STATE AND CONGRES
SIONAL CONVENTIONS.
?Wm 4&JJHfci?&'i V'.f&iin&HRaBHBa
FRED W. BASCHE, OF BAKER CITY.
Fred W. Basche, the youngest member of the state and Congressional con
ventions, was born In Baker City, January 12, 1SS0. He is the son of Peter
Basche, the leading hardware merchant of Eastern Oregon, and was elected a
delegate from Baker County, receiving 05 votes out of a total vote of 131 in a
contest between 14 contestants for the four delegates awarded to Baker City.
day evening from Cape Nome, says thot
the condition of the.natives at that place
has not been exaggerated. They have not
been allowed to catch their usual supply
of fl9h, for some reason or other. Mr.
Francis says there are 17 natives at the
village of Six Igloos, on the other side
of Cape Nome, four of them being men,
the others women and small children. They
have no furs of which to make clothing,
no mukluks, and most of them are wear
ing gunnysacks for foot covering. "The
white people at Cape Nome have done
what they could, but they are not able to
meet the emergency. As Mr. Francis
passed through tho village the cry for
food was so great that he gave all he had,
a sack of meal.
VANISHED INTO THIN AIR.
Commission Firm. Which Did Busi
ness Under an Imposing Name.
NORTH YAKIMA, Wash., March 31.
Tho Reidel-Alllnger Company, which
opened up an office a few weeks ago to
do a commission business, succeeded In
"doing" a number of farmers and others,
and has vanished into thin air. G. W. Al
llnger, a young man with one arm, was
all that was known of the company here.
He gave It out that he had a rich part
ner In San Francisco, and had a bank
account of $4000 all his own. Business was
not rushing, and Allinger announced that
he wanted to go to San Francisco, and If
any of his farmer friends had stuff they
wanted sold while he was there he would
be pleased to accommodate them. They
made up a car of apples, which he agreed
to sell for a commission. He consigned
the fruit to himself at Tacoma, and there
reconslgned It to San Franclaco. Soon the
owners discovered that he had left town
without paying a number of small bills,
and they made an Investigation, with the
result that they found themselves holding
ao
the sack. Tho Si. Paul & Tacoma Lum
ber Company, which had a claim of $50
for apple boxes, attached the fruit as soon
as It reached San Francisco, and had it
sold. L. B. Kinyon gave nearly 300 boxes
of apples, Jake Ralmer 40 boxes, and Tom
Lindsay about the same number. C A.
Bryant sent $300 worth of potatoes.
More Time Desired.
Many holders of desert land claims in
the lower valley north of the Yakima
River have petitioned Congress to pass a
law allowing them an extension of time in
which to prove up. They have held their
lands' for several years, hoping to be able
to make arrangements to comply with the
law. which requires that they shall be
reclaimed within a certain time. The pros,
nectaare now good that they will be able
to .get water on their lands, though not
within the time required, and .If they can-
not get an extension they will lose valu
able property. They have enlisted the
support.of Congressman Jones and Senator
Turner. Such legislation as they ask Is
not without precedent.
BLIZZARD AT NOME.
Temperature 32 to 46 Degrees Belovc
Zero Heavy Snow.
NOME, Jan. 17, via Seattle, March 31. A
severe hllzzard began yesterday afternoon
and all last night it shrieked and howled
through Nome, blowing the loose snovj
Into huge drifts on the streets and siae
walks. This morning the early water
man had a hard time breaking trails.
Sleds overturned and there were toboggan
races.
The weather since January 4 has been
Intensely cold, the thermometers about
town ranging from 32 to 46 below. The
cold has been continuous and steady, and
many cases of frost-bitten noses, facea
and fingers are reported.
A man who gave his name as William
Clark Gowan, but who Is idcntlfled as
Morris Burn, was brought to the City
Hospital January 8 by J. D. Mitchell, who
lives about a mile this side of Kenny
River. Burns hands and feet are badly
frozen, and he Is not In his right mind,
whether the result of being frozen or not
has not yet been determined.
Mitchell found Burns outside of his
cabin, near Penny River, this morning.
He was lying on the trail, and his hands
were frozen, as well as his feet. Mitchell
took him into the cabin and went out to
procure some snofc to thay the man's
hands. When he returned. Burns had
taken the covers oft the stove, and tho
flesh on his hands was literally roasted.
For three hours he worked with Burns,
and did everything In his power to ex
tract the frost from the frozen members.
Then he started for Nome, and Burns was
placed in the City Hospital.
Oregon Mining Stock Exchange.
PORTLAND. March 31.
Yesterday's quotations were:
Bid.
Asked.
11
18&
6
100
17
8k
4
20
Vi
Alaska M. & M. Co 0
Bronze Monarch 1?S
Caribou 2
Copperopolls , 21
Costal Consolidated 14?$
Chicago 7fo
Cascade Calumet 'h
Gold Hill & Bohemia 10V4
Huronlan 5
Lost Horse 3
Oregon-Colorado M. M. & D
Riverside 1
Sumpter Consolidated 2
Sweden Copper Gtd.) 87
Winnipeg iLtd.) 10
Sales:
J
00
15
Price.
1500 Bronze Monarch 17
1500 Crystal Consolidated 15
2500 Cascade Calumet 3(
SPOKANE, March 31. The closing quota
tions of mining stocks today were:
Bid. Ask. I Bid. Ask.
Amer. Boy .. 5 OtftPrin. Maud .. 3ft 3
Blacktall ....13
13VtlQullp ..... 30
Butte & Bos.. :i
Ben Hur 14
Deer Trail ... 2
Flsh'malden.. 5
Gold Ledge .. IVi
L. P. Surp... 7
Mtn. Lion ...20
Mom. Glory.. 3
Sli
Itamb. Car ...80
Republic 10
10
3
7
1
31 ;
as
Reservation ..
Sullivan 0
Tom Thumb ..22VJ
San Poll 27
Trade Dollar.. 11
23&
30
14
SAN FRANCISCO, March 31. Official clos
Ing quotations of mining stocks today were:
Alta $0 00
Alpha Con 2
Justice ?0 OS
iventuck Con .... 1
Mexican 47
Andes
Belcher
Best & Belcher...
Bullion
Caledonia
Challenge Con ...
Chollar
Confidence
Con. Cal. & Va...
Crown Point ....
Gould & Curry...
Hale & Korcrosa.
Occidental Con ... 8
Ophlr 00
0 erman
Potosi
Savage
12 Seg. Belcher
00
Sierra Nevada ...
Silver Hill
Union Con
Utah Con
Yellow Jacket ....
1 30
4
0
20
NEW TORK. March 31. Mining stocks to
day closed as follows:
Adams Con ?0 40Llttle Chief $1 15
Alice 45 Ontario 7 50
Breece 50'Ophir 95
Brunswick Con .. OlPhoenlx 0
Comstock Tunnel. 5Potot 12
Con. Cal. & Va... 1 20Savag 4
Dead wood Terra.. 50 Sierra Nevada.... 22
Horn Silver 1 40SmaIl Hopes .)... 45
Iron Silver 70iStandard 3 45
Leadvllle Con ... 7j
BOSTON, March 31. Closing quotations:
Adventure $ 20 50Osceola ? 60 75
Allouez 3 T5 Parrott 28 00
Amalgamated .. C3 25Qulncy 125 00
Baltic 48 25'Santa Fe. Cop... 2 50
Bingham 24 00Tamarack 275 00
Cal. & Hecla... COO O0,TrImountaIn ... 05 00
Centennial .... 20 SOlTrlnity ..., 14 00
Copper Range . 73 OOlUnltcd States .. 18 25
Dominion Coal. 122 50Utah 22 00
Franklin 12 OOlVlctorla 5 25
Isle Roale ... 15 50 Winona 1 25
Mohawk 33 751 Wolverines .... 51 00
Old Dominion.. 10 25
A Special Dividend Ordered.
VANCOUVER, Wash., March 3L A spe
cial dividend, amounting to about $1000.
has been ordered paid by the Controller
of the Currency out of the funds of the
suspended First National Bank, -for the
purpose of paying certain depositors
whose claims were not proven at the time
the last dividend was declared.
Everett Brevities.
EVERETT. Wash.. March 31. A land
slide on the Great Northern coast line
near Richmond Beach struck two rear
coaches of an east-bound overlandt partly
derailing them.
Tho Northern Pacific passenger and
freight depot will soon commence build
ing. Boy Rnn Over hy Train.
EVERETT. Wash., March 31. George
Dezort, 9 years old, was killed this morn
ing by a Spokane train near Lowell. The
boy and a younger brother were going to
school. They stepped from the track; but
the atr suction drew the elder boy unaer
the wheels.
FORCES ARE DRAWN UP
(Continued from First Page.)
accused of brutality, and the unwarranted
arrest of people against whom there was
not the slightest foundation for a charge.
If these things had occurred once or twice
they would probably be overlooked, but It
seems that Fackler delights In blundering,
and his unfitness for the position is dally
demonstrated. But the Mayor will not lis
ten to his removal, and says all the
charges are the result of spite work, and
it is extremely probable that If Campbell
Is again elected he will retain Fackler.
The Fackler feature of the campaign
against the Mayor is not by any means
confined tb Democratic ranks, but Repub
licans deprecate the retention of the Chief,
and many of them say they will vote
against Campbell simply on that account.
This' instance demonstrates the Mayor's
fealty to friends, which appears to be car
ried to the point where It endangers hla
success at the polls. t
Perkins Is There, Too.
As to the newspapers. The Ledger and
News, the dailies of Tacoma, are con
trolled by the same man, S. A. Perkins,
formerly Senator Hanna's private secre
tary. Perkins desires to be a power in
Washington politics, but thus far he has
not been greatly successful. It is said
that he took a dislike to Campbell because
Campbell would not train right at the be
ginning of his administration. At any
rate, Perkins' newspapers have been ham
mering the administration for over a year
past and exploiting its shortcomings in
the most exaggerated manner.
Where Praise Is Weakness.
Finally, when the campaign came on,
the Ledger swallowed its dose of crow
with a very wry face, and has since been
ostensibly a Republican paper supporting
the re-election of Mayor Campbell. But
it is not the 'kind of support that carries
weight, and its faint praise Is really hurt
ful to the Republican candidates. Thd
News Is making a hot fight on Campbell
and the Republican ticket, but as every
one knows that both papers are controlled
by Perkins, and his hatred for Campbell
is understood, the paper's influence is ex
treinely light.
Xevrspapers Cut Little Ice.
It Is generally admitted that the attitude
of the papers will not cut much figure
either way. But if this was all Mayor
Campbell had to fear he would have cause
for very little worry. The Republican ma
jority Is too narrow normally to make the
Republicans feel entirely safe, and with
the fight the Democrats are puttlngv up It
has caused no little apprehension among
the Mayor's supporters.
Democrats Stick Together.
For the first time In their history in this
city the Democrats appear to be a unit.
For several years past the ticket opposing
the Republicans has been a mongrel affair,
composed In the main of Populists, and.
this has led influential Democrats to take
little Interest in the outcome of any elec
tion. This time, however, every man on
the ticket is an out-and-out Democrat,
and the rank and file of the party is show
ing great interest. ,
Frank B. Cole, the Democratic candi
date -for Mayor, Is one of the best-known
and most-popular men on Puget Sound.
It is said he doesn't know what it is to
have an enemy. 'He Is the publisher of
the West Coast Lumberman, a trade na-
per of some Influence; he has been suc
cessful In business, and Is at present City
Treasurer, being one of the few Demo
crats to hold an office in Tacoma In recent
years. His party Is well organized for
the campaign, and workers are tireless In
his behalf.
Turner Looks on Benignly.
In addition, the state Democratic ma
chine is taking considerable, interest In
the campaign, and Senator Turner was
recently in the city rendering what aid he
, could toward Democratic success. The
state committee and Turner arc desirous
of success for Cole, particularly, because
In that event they could pit Cole against
Cushman for Congress. As matters stand,
unless a very popular man Is nominated
against Cushman, the Democrats have no
show In Pierce County. This city and
county have tasted the sweets of having
a member or two of Congress, and they
have r.o desire to be unrepresented in a
flght against Seattle for Government pat
ronage. With Colo successful in the race
for Mayor, the Democrats would rally
around such a leader in Hhe Fall cam
paign, and Turner would stand some
chance of getting a Representative or two
in the Legislature. This fact accounts
for the Interest of state Democrats in the
Tacoma campaign.
Republicans Aire Stirred Up.
The activity of the Democrats has
stirred up the Republicans. While, as
has been said, there will be Republicans
who will bolt Campbell for various rea
sons, there will be many others who will
be spurred to renewed energy by the fact
of Democratic enthusiasm. Many Repub
licans who are ordinarily content to vote
only, and allow the hard work of a cam
paign to be done by the other fellow, are
out with their coats off for the ticket.
They are accomplishing results, too, and
the result of their hard work will be ap
parent Tuesday, when a big vote will be
cast.
Both sides are claiming victory, and
each advances reasons why Its particular
ticket will win. The Republicans are de
pending considerably on the Mayor's ad
ministration and the normal Republican
majority, while the Democrats are build
ing on Cole's popularity and dissatisfac
tion in the ranks of the opposition. The
conservative Republicans and Democrats
admit the result will be close and that it
Is anybody's battle. And, Indeed, that is
the way It looks to the Impartial observer.
Delegates Go to Roscbnrg.
SALEM, March 3L William Brown, Eu
gene P. McCornack and J. J. Murphy.
Cream
PRICE BAKING POWDER
CHICAGO,
92 YEARS OLD,
MRS. REBECCA SMITH. OF WESTFIELD, N. J., WHO IS 92 YEARS OLD. WAS
CURED OF KIDNEY AND BLADDER DISEASE AND IS KEPT PER
FECTLY HEALTHY BY WARNER'S SAFE CUKi-J. A irtiAi, but- .yl
TLB OF THIS GREAT CURE SENT ABSOLUTE nana
TO ANY READER OF THE OREGONIAN.
Doctors Say: "Almost Every One Has Kidney and Bladder Troubles
Before Fifty Years of Age."
On November 18, 190L Mrs. Smith says: "I was 92 years old my Jast birthday.
Mv hnshnnrt urns voforsn nt tht fMvil War. T have a daughter and eight grand-
rhlMron livintr
- ------p.
years ago. It
ner's Safe Cure.
K.
KSS. SMITH, 92 TEARS OLD. troubled with diseases o tlie Kidneys, aver or dioou.
Kidney disease, if neglected, quickly spreads and causes serious complications,
such as Bright's disease, gravel, uric acid poison, rheumatism, rheumatic gout,
dropsy. Indigestion and liver trouble. Every one should make a test, and It the
slightest trace of kidney disease is found to exist, no time should beMost in send
ing for a trial bottle of Warner's Safe Cure, which is guaranteed to cure any dis
eases of the kidneys, liver, bladder or blood.
THOUSANDS OF MEN AND WOMEN HAVE KIDNEY DISEASE AND DO NOT
KNOW IT XJ&TIL TOO LATE).
TPT VnilR KinHFYQ Put some morning urine In a glass or bottle: let It
ICOI iUUn rUUftCIO gtand for twcnty.fOUr hours. If then If Is milky or
cloudy, or contains a reddish, brick-dust Srdiment, or if particles or germs float
about in It, your kidneys are diseased. This Is the supreme moment, when you
should begin to 'take Warner's Safe Cure to arrest all these unnatural conditions,
for thev are the unmistakable symptoms of kidney disease. If. after you have
made this test, you have any doubt inyour mind as to the development of the
disease in your system, send us a sample of our urine, and our doctors will
analyze it and send you a report, with advice, free.
Warner's Safe Cure
Is purely vegetable, and contains no harmful drugs; it does not constipate; it to
now put up in two regular sizes, and is sold by all druggists, or direct, at
50 CENTS AND $1.00 A BOTTLE.
(Lens than one cent a Dose.)
Refuse substitutes. There is none "Just as good as" Warner's. Insist on the
genuine Warner's Safe Cure, which always cures. Substitutes contain harmful
drugs, which Injure the system.
TRIAL BOTTLE FREE.
To convince every sufferer from diseases of the kidneys, liver, bladder and blood that
Warner'a Safe Cure will cure them, a trial bottle will be sent absolutely free to any one who
xrill write Warner's Safe Cure Co . Rochester. N. Y., and mention having seen this liberal
offer In The Oreffonlan. The genuineness of this offer Is fully guaranteed
Our doctor will send medical booklet, containing symptoms and treatment of each dlseaaa
and many convincing testimonials, free, to any one who will write.
Marion County delegates to the First Con
gressional District Convention, left today
for Roseburg. These men each carried a
number, of proxies. The Marion County
delegation is Instructed for Tongue.
FIGHTING FRUIT PESTS.
Rogfae River Orcbnrdlsts In Con
certed Action.
GRANT'S PASS, March 31 Rogue River
Valley orchardlsts have begun a united
and determined campaign against the cod
ling moth. Thousands of gallons of poison
have been sprayed upon Southern Oregon
trees with the hope of destroying the
much-dreaded pest, or at least preventing
it from doing so much harm this year as
it has in the past.
In seasons past much trouble has been
experienced in getting all orchardists to
spray at the right time, or to choose the
proper fluid. There were also owners of
small orchards who would take no care
of their trees,, and who would allow their
trees to become, the breeding-place for mil
lions of the destructive pests. Uncared-for
orchards of this kind would offset all of
the care and patience taken by the own
ers of surrounding orchards. The princi
pal aim of Commissioner Carson this sea
son has ben to get all orchardists In
terested In the important work of spray,
ing and to bring about & concerted action
In this regard. The efficient manner In
which the spray pump Is In use would in
dicate that his work Is bringing about
the desired results.
FOUND REVENGE AT LAST.
Hnaband Killed the Agent of His
Wife' Unfaithfulness.
OAKLAND, Cal.. March 31. After
brooding over his wife's unfaithfulness for
30 years, Thomas Devlne today sought re
venge by murdering John O'Connor, the
destroyer of his homo and happiness. De
vine is a section boss, and lives at Edge
wood, Siskiyou County. Yesterday he
quarreled with his wife over O'Connor,
and Immediately left for Oakland with the
avowed intention of seeking revenge. He
arrived in San Francisco last night, and
this morning he purchased two revolvers
in San Francisco, crossed the bay to Em
eryville, where O'Connor is employed in
a pumping plant operated by the railroad
company. Before going to the plant he
blackened his -face, that O'Connor would
not know him, and when he reached his
enemy he drew his pistol and shot the lat
ter twice In the head without warning.
O'Connor has a wife and 11 children liv
ing at Emeryville, and Devine has a wife
and three daughters and a son.
JAILBREAK FRUSTRATED.
Revolver, Savr ana Knife Fonnd In
Possession of Prisoner.
SEATTLE.' March 3L What Is consid
ered by them to have been a well-planned
jallbreakt aided by supplies smuggled In
by visitors, was frustrated last week by
the Deputy Sheriffs In charge of the King
County Jail. A careful "shake-down" of
the different cells In tho north tank Sun
day resulted in the discovery of a 3S-cali-
JpcMKl
Superlative
in strength
and purity
Improves the flavo and adds
to tne healtiiftflness of the food.
CO.,
Kote. There are imitation baking powders sold cheap by
many grocers. They are made from alum, a poison
cms. drug, which renders the food injurious to neahba
KIDNEYS HEALTHY
Some vears aco I had a great deal of ,3
sickness, and for a long time aia not Know ui .
caused by the diseased condition of my kidneys and liver.
As soon as my doctor found I had kidney trouble he pre
scribed Warner's Safe Cure. T had experimented with
other remedies, which did me no good whatever, but as
soon as I took a few doses of Warner's Safe Cure I felt
better, and a few bottles completely cured me and made
me feel like a. woman thirtv vears younger. My kid
.'.. r.. .' T- ... Titnn .
neys, liver and bladder are In just as healthy condition
since I have used Warner's Safe Cure as they were fifty J
Is a greater medicine that it Is claimed to "ft
be. Notwithstanding I am 92 years old, I possess a gooa
head of hair, my sight and hearing are good, and since I
have used Warner's Safe Cure I have enjoyed tne very
best 6f health. I cannot speak tco highly of this great
medicine. No doubt it has saved the lives of tnousanas
of. people who would have gone to early graves had they
'rtaolontnl thotr l-Mnovs nnrl bladder and not taken VVar-
It Is truly a Godsend to any one who is
ber bulldog double-action revolver loaded
with imitation wooden cartridges tipped
with tinfoil. A bottle of croton oil, a
caw and a knife were also found. The
veal failure to break jail occurred a week
before the "shake-down." The plan was
made by Al Hamilton. Whatcom County's
condemned murderer; Ed Roberts, alias
the "Skagway Kid," wrho 13 a highway
robber, and Frank Hart, a burglar.
NORTHWEST DEAD.
Mrs. A. K. Bonzey.
THE DALLES, March 31. Mrs. Mary
Bonzey. relict of A. K. Bonzey, of this
city, died here last night after a pro
longed Illness. Mrs. Bonzey had lived in
The Dalles over 40 years. She was about
82 years of age.
John Lupcr,
ALBANY, Or.. March 31. John Luper,
a pioneer of 1853, died at Tangent Satur
day evening at the age of 77 years. He
was buried today. He left a wife and
ono son, L. B. Luper.
Mrs. H. N. Anderson.
ABERDEEN, Wash.. March 31. Mrs.
H. N. Anderson, Sr., died today, aged 53
years. She was the mother of 12 chil
dren. The remains will be taken to Al
toona. Pa.
Soldiers Ordered to Vancouver.
VANCOUVER BARRACKS. March 31.
General Randall has telegraphed orders
for the Seventeenth Regiment to leave
San Francisco for Vancouver Barracks
at once, and not to go Into camp at the :
Presidio, as is customary. General Ran-l
dan expects tne seventeenth to reach
Portland Wednesday, and upon their ar- Jt
rival at Vancouver they will at once go
Into barracks with the companies here.
On account of sickness and mustering out
of men whose time has expired, the regi
ment now has only 200 men to a battalions
An Inspection of all the troops stationed'
at Vancouver Barracks was held by Gen
eral Randall this morning. The parade
wag an Imposing spectacle. The Seventh
Infantry troops are expecting orders to go
to the Philippines at any time.
Injnred Man Recovering:.
THE DALLES, Or., March 31. R. E.
Haworth, who was shot In the foot by E. -j
J. Green at Stevenson. Wash., on the 20th
inst., Is slowly recovering from his wound.
He will probably be crippled for life. The:
bullet used by Green appears to have been
of the dumdum variety, which spread af
ter entering the heel, carrying bits of
clothing, and shattering the foot badly.
The attending physicians consider all im
mediate danger from the wound past.
raxes -niu ny juinn Lonntr. )i
ALBANY, Or., March 31. The County (i
xreuaij.er 1111a uiieruuun ruiuuicu iu me
State Treasurer $24,196. being one-half of
the state tax. He also paid off the re- il
mainlng indebtedness of the county, about (I
general fund. The school fund per cap
ita Is about $5, the largest yet made.
6
II)
IWder