THE MORNING OREGONIAN, TUESDAY, APRIL 22, 1902.
FARMERS WIN OUT
Sup
reme Court Decides Case
in Their Favor
AS TQ WHEAT IN WAREHOUSES
When Stored Grain Is Sold Witfceut
Authority of Depositors They Mar
Recover From the Purchasers
All Must Be Parties to Salt.
When a milling company has pur
chased grain stored with a warehouse
man, and thereby has caused a short
age in th amount of grain owned by
depositors In the warehouse, the de
positors may recover from the milling
company. They may do so even though
the company bought believing that the
warehouseman had authority to sell.
All the parties in Interest in a con
troversy should be made parties tothe
eult, either as plaintiffs or defendants,
and where it Is possible to make them
parties a few will not be permitted to
sue in behalf of all.
A Sheriffs return on a writ Of at
tachment is not Invalid where It shows
that a cory of the writ was delivered
to the occupant of the real property,
who was a Chlnesa whoso-same was not
known to the Sheriff.
A vendor of personal property c&ttnoi
recover in a Bult for breach of contract
of sale, unless he shows an offer to de
lier property of the kind and quality
specified. In an action of this kind
tried before the court a Judgment for
plaintiff cannot be sustained unless
there be a finding upon the point when
the lasuc was raised.
SALEM, April 2L The Supreme Court
today rendered decisions In four appealed
cases, in all of -which the lower courts
were reversed. The decisions are In brief
as follows:
Ida M. Tobin, Mary Black, H. C. Davis,
W. H. Gulliford, E. F. Allen, James A.
Smith, John Davis. John M. Porter, Alex
ander Powers, and Robert Andrews, re
spondents, vs. Portland Flouring Mills
Company, Salem Flouring: Mills Com
pany, Balfour, Guthrie & Co., and
James C. Black, administrator of estate
of Thomas J. Black, appellants, from
Linn County, R. P. Boise Judge, reversed
upon condition; opinion by Justice Moore.
In 1897-99, Thomas J. Black operated
grain warehouses in Halsey, Linn County,
Cummings, Linn County, .and Derry, Polk
County. When Black died in November,
1899, it was found that he had in his
warehouse at Halsey 29,306 47-CO bushels
of wheat, while he had outstanding re
ceipts for 40,881 bushels. The depositors
numbered 101, and suit was brought by a
few of the depositors to recover on be
half of all. The Portland Flourinsr Mills
Company had purchased from Black
B.296 26-GO bushels of wheat, advancing
thereon $3,711 S3, and the Salem Flouring
Mills Company had "bought 3.977 46-60 bush
sis, advancing $2,110 16. Of the wheat sold
to the Salem Flouring Mills Company, all
but 750 bushels had been destroyed by
fire, but the company had collected from
Insurance companies to the value of the
wheat so destroyed. The depositors In the
Black warehouse sought to recover, from
the Portland and Salem companies, the
proportion of the shortage represented by
the amounts of grain they had received.
The case was dismissed as to Balfour,
Suthrie & Co.. for It was shown that the
Srain received by that company did not
:ome from the Halsey warehouse, where
the shortage existed.
The defence of the Portland and Salem
companies was that all the parties Inter
ested as plaintiffs had not been Joined;
that there was a mlsjolner of- parties de
fendant; that they bought the wheat and
made advances upon the belief that Black
owned the wheat; that Black did in fact
have authority to remove the wheat, and
that they dealt with him, believing that
he was the owner. They asked that
plaintiffs' claim be made secondary to
their lien, for the amount of th'clr ad
vances. The case wn tried and resulted
tn a decree for plaintiffs. The court found
the facts regarding the shortage and held
that the Portland and Salem companies
should pay Into court the value of the
wheat received by them, at 49 cents per
I used, the money to be distributed to
those entitled to It, The Portland Flour
ing Mills Company, and the Salem Flour
ing Mills Company appealed.
Section CSS. of Hill's Annotated Lews,
prov.dcs: "Of the partita, to the suit,
thcao who are united in intcrcrt must be
Joined as plaintiffs or defendants; but if
the consent of any one who should have
teen Joined as plaintiff cannot be ob
tained, he may be made a defendant, the
rason thereof being stated In the com
I la'nt; and when the question is one of
common or general Interest of many per
sons, or when the parties are very nu
merous, and !t may be impracticable to
bring them all before the court, one or
more may sue for the benefit of the
whole." Under this statute, the 8upreme
Court ho'.d3 that all the depositors, should
have ber-n made parties, either plaintiff or
defendant.
In the trial of the case, a largo number
of voluntary affidavits of depositors, were
Introduced in evidence, to show the
amount of grain each had placed in the
warehouse, and that they had not author
ized its removal or sale. These were ob
jected to as hearsay evidence, but were
admitted. Black's ledger, however, which
was admitted In evidence, showed prac
tically the same amounts, and It Is held
that though the affidavits -were improp
erly admitted, no material injury resulted
therefrom. ,
Upon the question of title to the wheat,
and the liability of the appellants, the
Portland and Salem Flouring Mills com
panies, the opinion says:
"The testimony discloses that whenever
the depositors chose to dispose of their
wheat. Black purchased it, and shipped It
to market on his own account, and. while
the agents of the appellants undoubtedly
believed that he had authority to dis
pose of the wheat delivered to them, we
are satisfied that he had no title thereto
and that they should account for the
wheat for which they are legally respon
sible. "The testimony further shows that there
should have been In store at Halsey, cer
tain quantities of wheat that had. been
deposited in 1897. 1898 Bnd 18S9, -while the
deficiency for the latter year is only
S.869 36-100 bushels. If Black, during these
years, shipped -wheat to no other persons
than the appellants, they ought to ac
count to. the depositor for the entire
deficiency, "but only in proportion to that
part of It which they severally caused.
"We think the testimony falls to -snow
such an. accounting, as legally to charge
the appellants with the quantities pf
wheat, which the court finds they several
ly coveted, but. believing that furtner
proor upon this branch of the case can
"be adduced, we deem it proper, in conse
quence of the lack of interested parties,
to send the case back with instructions to
bring Jn all those who are materially In
terested In the suit, to take additional
testimony and enter a decree in accord
ance therewith."
The opinion also holds that there is no
evidence showing that the depositors in
tended to part with the title to their
wheat when they deposited It In tb ware
house.
The decree of the Supreme Court 1b that
upon the payment by plaintiffs of de-
fondants' costs within 60 days, the case
will be remanded for new trial, otherwise
the complaint will be dismissed without
prejudice.
Isom White, appellant, vs. William M.
Ladd, administrator, respondent, from
Multnomah County, Arthur L. Frazer,
Judge, reversed; opinion by Justice Wol
verton. This Is the third appeal in this case.
The question now presented la raised by
a motion to set aside a sale of attached
property on execution, and to vacate the
judgment, directing the sale. It has re
lation to the sufficiency and validity or
the attachment. A number of questions
of law- are considered, tho most import
ant being as to the Sheriff's return upon
a writ of attachment. The return of the
Sheriff shows that the copy of the writ
was left with the occupant of the prem
ises, who is described as a Chinaman, and
whose name was unknown to the officer.
The opinion says:
"The statute does not require that the
name of the occupant shall be stated,
however convenient it may be, as a de
scription of the person upon whom the
copy Is served. If he is unknown, the fact
affords a sufficient excuse for not stating
it. . . . Suppose the action bo against
Chinamen, and Chinese realty was sought
to be levied upon, must the levy fall be
cause these peculiarly secretive people
should refuse to disclose the name of the
occupant? Our attention has been called
to no authority going to the exact ques
tion, but the method employed can .hardly
be assumed to be without the reason and
purview of the statute."
The lower court, at the last hearing,
held that the attachment was void, and
that the court therefore had no Jurisdic
tion to make an order of sale. The Su
preme Court holdB that since this case
has been twice before appealed to the
Supreme Court, and finally affirmed, dur
ing which proceedings the then defendant
must have known of the facts relied upon
for the Impeachment of the Sheriff's re
turn, the doctrine of res adjudlcata. ap
plies. "Beyond all this, plaintiffs amend
ed complaint presented the Jurisdictional
question, and the default of the defend
ant In falling to controvert it. renders it
res adjudlcata under the general rule
relative to trials upon the merits."
Tho lower court is therefore reversed
and the sale confirmed.
H. G. "Wright, respondent, vs. Mary A.
Ramp, appellant, from Multnomah Coun
ty, A. L. Frazer, Judge, reversed; opin
ion by Chief Justice Bean.
This was an action to recover damages
for a breach of contract. On August 30,
1898, plaintiff and defendant entered into
a written contract by which plaintiff
agreed to furnish defendant a granite
monument of a certain description and
to set it up In the cemetery at Salem In
May, 1899, or as soon thereafter as possi
ble, in a good, workmanlike manner, "to,
be made of best stock and best work
known to the marble and granite trade,
free from any defects whatever, or no
pay for same," for which the defendant
agreed to pay, on delivery, $350.
The monument was delivered October 4,
1899. but a die was broken and plaintiff
asked time to replace it with a new one.
Defendant refused to receive the monu
ment, or to grant any further time, and
declared the contract rescinded. The suit
was brought, and trial was without n
Jury, resulting In a judgment for plaintiff
for $290. Defendant appealed.
The Supreme Court holds that there was
an Issue as to whether the monument of
fered was of the kind and quality called
for by the contract, and that a finding
should have been made upon this point.
Tho opinion says:
"In a case of this kind, it is the duty of
the vendor to deliver property correspond
ing with his contract. The vendee Is not
bound to accept a defective article and
rely upon a claim for damages for Indem
nity, nor Is ho bound to receive and pay
for a thing he did not contract for, nor
agree to accept. ... There Is no find
ing that the monument was of the kind
called for by the contract, or that It was
such an one as the defendant was bound
to receive and accept, and, until that
question is jdetermined In favor of the
plaintiff, he is not entitled to recover as
for a breach of the contract. The judg
ment Is reversed, and a new trial is or
dered." Pacific States Savings, Loan and Build
ing Company, respondent, vs. Augusta M.
Spurrier and W. E. Spurrier, her husband,
appellants, from Multnomah County, John
B. Cleland, Judge, reversed; opinion by
the court.
This was a suit to foreclose a mortgage
executed by defendants to plaintiff. The
mortgage was the same as that in the
case of Pacific States Savings, Loan and
Building Company vs. J. L. Hill, which
was held to be usullous. It is therefore
held, as In the Hill case, that all pay
mens made on the mortgage should go In
extinguishment of the debt.
J. H. Taffe, respondent, vs. Oregon
Railroad & Navigation Company, appel
lant, petition for rehearing denied; opin
ion by Justice Wolverton.
Oregon Mlnlns Stock Exchange.
PORTLAND. April 21.
Today's quotations were:
Bid.
Alaska M. & M. 014
Bronze Monarch 17vs
Caribou 3
Copperopolls
Costal Consolidated 15
Chicago T3
Cascade Calumet 2
Asked.
11
18
0
100
"8
4
17
8
5-1
CO
5
4
90
15
Gold Hill & Bohemia 10
Huronlan 3a
Lost Horse 3
Oregon-Colorado M. M. &D
Riverside
Sumpter Consolidated 2T-
Sweden ConDer (Gta.l
Winnipeg iLtd.) 9
Sales
Price.
1000 Cascade Calumet 3
100 Bweden Copper 87
SPOKANE, April 21. The closing quotations
for mining stocks today were:
Bid. Ask.l Bid. Ask.
Amer. Boy .. VA.
7iMorn. Glory .. 2 3ML
Blacktall ....120
Butte & Bos.. 3
Ben Hur 13
Deer Trail .. 2
Fish' maiden.. 5
Gold Ledge .. 1
Jim Blaine .. 2
L. P. Surp... 74
Mtn. Lion ....26
13V4)Prin. Maud .. ;tV4 3h
4 iQullp 33 35&
HWlRamb. Car ...875; 00
3 Republlc 0$ 10Vi
"Reservation .. IVi
lftlSulllvan S 9t
3HTom Thumb. .22 23y
Th San Poll 27 29&
29KTrade Dollar.. 12 14
SAN FRANCISCO. April 21. Official closing
quotations for mining stocks:
Alta, $0 03Justloe $0 OS
Alpha Con 2;Mexlcan 49
Andes 4, Occidental Con ... 11
Belcher 8 Ophir 1 30
Best & Belcher .. 24Overman 21
Bullion 2Potosi 23
Caledonia 42tSavage 12
Challenge Con ... 17 Seg. Belcher 1
Chollar lSjSlerra Nevada ... 2j
Con. Cal. & Va... 1 30 Silver Hill 45
Crown Point .... SjUnlon Con 24
Gould & Curry... 3jUtah Con 3
Hale & Norcross. 21) Yellow Jacket .... 11
NEW YORK. April 21. Mining stocks today
closed as follows:
Adams Con $0 201
Little Chief ...'...80 11
Alice
60Ontarlo 8 75
Breece ..........
Brunswick Con ..
Comstock Tunnel.
Con. Cal. &. Va...
50
13
Ophtr ...
1 10
6
20
3
70
40
Phoenix
Potosl
Savage .......
&
1 25
00
Deadwood Terra..
Sierra Nevada
Horn Silver 1 40,Small Hopes
iron silver luistanaara
.... 3 40
Leadviiie con ... &i
BOSTON, April 21. Closing quotations:
Adventure $22 BOIQulncy $122 00
Alloucz 3 GOjS&nta Fe Cop... 3 00
Amalgamated .. 65 12 (Tamarack ,177 00
Bingham 55 87TrImountain ... 05 50
Cal. & Hecla.:. 605 OOiTrlnlty 13 25
Centennial .... 20 00 United States .. 22 00
Copper Range., 60 OOjUtah 22 50
Franklin 11 SOIVictorla 5 25
Mohawk 35 OOjWlnona 1 50
Old Dominion.. 20 00iWolverin& .... 53 00
Osceola G2 00 paly West 40 25
Parrott 20 50
Sale of Household Furniture.
TACOMA, April 2L The elaborate
household effects of Jacob H. Vanderbilt,
who receives an annuity from the famous
New York family, were cold at public auc
tion today to satisfy a chattel mortgage
held by a leading local pawnbroker.
Young Vanderbilt was assistant cashier of
the Metropolitan Bank, which failed last
1 November with deposits of J500.0W.
PEACE NOT YET IN SIGHT
STREET-CAR STRIKE COJfTIKTJES
AT THE BAY CITY.
Mayor Sckmitx Hbsj Been Unable to
Bring; the Conflicting; Elements
Into Conference.
SAN FRANCISCO, April 2L Mayor
Schmitz made an effort today to bring the
officials of the railroad, and a committee
of the strikers together, but was unable
to do so. The railroad people refused to
consult with the strikers' committee. The
Mayor will continue his efforts to bring
the opposing forces together. The East
ern representatives of the Baltimore syn
dicate are in communication with the
local railway officials, and each move of
the strikers is reported by telegraph to the
Eastern owners of the car system. It la
understood, that no action toward a set
tlement of the difficulty will be taken by
the officials here until word to that ef
fect comes from the East.
Attorney-General Leford, who was re
cently appointed chief counsel of the
United Railroads, said tonight that ne
gotiations looking to a settlement of the
strike were not in progress. He would
not state what course the company pro
posed to take. From other sources it was
learned that the owners of the roads are
not disposed to yield to tho demands of
Manager
Vlnlnsr, vrho
strike.
force, the
the strikers, and that it is possible an at
tempt will be made to replace their late
employes with men brought here from
Chicago and other Eastern points. Should
thl9 be done, the strikers say they will not
Interfere, but are confident that the pub
lic will not permit a single car manned
by imported labor to .run. It is esti
mated, that the Baltimore syndicate,
which owns the United Railways, Is sus
taining a loss of between $30,000 and $35,
000 a day because of the strike,, and that
if it continues for a month they will "be
out over $1,000,000. The situation tonight
may be summarized by stating that the
strikers are confident, the city peaceful
and the railroad officials reticent.
The tie-up of the street-car system op
erated by tho United Railroads of San
Francisco Is complete. Not a passenger
car of this company Is moving, but tho
United States mall cars are making their
customary trips without hindrance or mo
lestation. All morning long the thor
oughfares leading to the business and
manufacturing centers were thronged
with pedestrians going to their work. Ve
hicles of all kinds were pressed Into
service, and the owners of express wagons
and vans reaped a harvest.
The sympathy of the public seems to
be entirely with the strikers, and the
moral support thus given has encouraged
the strikers to no small degree. They as
sert their ability to hold out Indefinitely,
and express great confidence as to the
outcome of the walk-out. The strikers are
very orderly, and the only trouble that has
occurred so far has been caused by hood
lums. The lines of two Independent companies
are being operated.
FILES ANNUAL REPORT.
State Commissioner of Public Lands
of "WashlnKton.
OLYMPIA, "Wash., April ZL The State
Commissioner of Public Lands has filed
his quarterly report of the receipts of his
office for the period ending March 51:
Tldeland fund
Leases $1,056 64
Bales 1,760 93
Principal on contracts.. 32.017 66
Interest on contracts... 9,627 77$ 44,373 00
Current school fund
Leases $16,510 07
Interest on contracts... 12,388 SI
Mineral leases 10 00 9tmMU!mo
Oil leases -87 50-$ 28,995 SS
Permanent school fund
Sales valuable material 11.43G 57
Sales of land 24,753 38
Principal on contracts. 30,933 20 67.1E9 15
University fund
Pavments on contracts 133 53
llartor area fund ,
Leases 2.4S2 95
Charitable and reformatory
Payments on contracts. 163 3S
Mineral leases 10 00
Leases 800 71 974 0a
Scientific school fund
Leases 99 20
Contracts 169 86
Sales of land 2,652 00 2,921 05
Capitol fund
Leases '. 316 80
Sales of land 1,290 00 1,605 80
Agricultural College fund
Leases 593 20
Sales of land 5,552 50 6,145 70
Normal School fund ,
Leases 251 60 251 60
Escheated land fund
Payments on contracts. 255 CO
Leases 40 00 295 30
Fees ,..
Receipts for the quarter 541 o
Total receipts, mon
eys remitted to State
Treasurer $165,921 65
Special deposit fund
Balance on hand Janu
ary L 1902 $1U719J
Receipts for quarter... 8.662 37$ 20,034 33
Disbursements for quar
ter 9,58192
Balance on hand April
1, 1902 10.452 41 20.034 33
Total amount received
and remitted to State
Treasurer, Nov. L
1900, to Mar. 31, 1902.
$894 179 25
NO MORE FISHTRAPS.
Astoria Council Prohibits Them in
City Limits.
ASTORIA, Or., April 2L The Council
this evening passed an ordinance making
It a misdemeanor, punishable by a fine
of $300, to drive any flshtraps or other
piling, excepting for wharves or aids to
navigation, below low tide In the waters
of the Columbia River lying within the
limits of the city. The ordinance also
prohibits the throwing of ballast or saw
dust Into the river.
A court-martial was held at Fort Stev
ens Saturday, and while the findings will
not be made public officially until an
nounced by the War Department, it is
learned unofilclally that Private Conway,
of the Ninety-third Company, Coast Ar
tillery, was sentenced to three years In the
penitentiary for desertion. This was said
to have been Conway's second offense of
the kind, and he -was captured about a
month ago in this city, the day following
his departue from the post
Al Hovt. thA man vrho pleaded guilty to
a charge of stealing logs at Westport. and
was sentenced to a year In the peniten
tiary, has an unenviable reputation here.
Many years ago he fas found guilty of
criminally assaulting a lltt:e girl, and was
sentenced to 20 years In the penitentiary.
He was only recently released after serv
ing 17 years. "While there he was con
sidered a dangerous prisoner,- and was
never made a trusty.
Trout this year are more plentiful In
the Nccanlcum than they have bee.n for
years, and that part of the stream that
was considered as fished out affords good
sport. Yesterday three boys caught seven
dozen. In sight of Seaside, In a few" hours.
The English setter dog Sport owned by
C, W. Loughery, of Astoria, which took
third prize at the Portland bench show,
was sold today to Tillamook persons for
$50. The price Is considered small by those
familiar "with the dog.
A contract was let today by the Board
of Education to furnish wood for the va
rious city schools during the coming year
at the rate of 3 50 per cord.
A man by the name of Brown, who has
ben working In a logging camp on the
north side of the river, came to Astoria a
few days ago because he was sick. Thh
morning he visited a physician, who de
cided that he had the smallpox, and turned
him over to the Health Officer. He Is
now quarantined at the pesthouse. The
case Is a mild type ot the disease.
"IT'S A LIE."
So Says Schlvely in Regard to
Charge Agrainst Ide.
OLYMPIA, "Wash., April 21.-John H.
Schlvely, chairman of the Republican
State Committee, who was a member of
the Legislature In 1595 at the time John
L. Wilson was elected Senator,, says In
referring to the charge made against Clar
ence "W. Ide In the affidavit signed by ex-
Senator R. A. Hutchinson, of Lincoln
County: "It's a malicious He; Clarence
Ide Is above reproach, and the man who
makes these charges is not above re
proach." Mr. Schievly bases his state
ment on the fact that Hutchinson was
elected as a Democrat, and that during
all the time of that session he continued
to vote for Levi Ankeny. notwithstanding
that Ankeny is a Republican and Hutch
inson a Democrat. In Mr. Schlvely's opin
ion a man elected to the Legislature as
a Democrat who votes to send a wealthy
Republican to the United States Senate Is
not sufficiently above suspicion to have
any charges he may make carry any
weight.
George B. Chamberlain Will Spealt.
BAKER CITY, Or., April 2L The com
mittee of arrangements of the Young
Men's Democratic Club Is preparing to
open the campaign in this city next Fri
day evening In an elaborate manner. There
will be a torchlight procession, and pos
sibly fireworks. George E. Chamberlain,
the speaker of the evening, will be es
corted through the principal streets to the
opera-house, where the meeting will be
held.
To Name Joint Representative,
OREGON CITY, April 2L The Demo
cratic County Central Committee will
meet tomorrow afternoon to select a can
didate for Joint Representative from Mult
jiomah and Clackamas Counties. Many
Democrats are mentioned for the place,
and by agreement the selection will be
ratified by the Multnomah County Demo
crats. Dr. C. L. Bard Is Dead.
VENTURA. CaL, April 2L Dr. C. L.
Bard, a brother of United States Senator
Bard, is dead at his home In this city, as
the result ot an operation. Deceased was
a pioneer of Ventura. Senator Bard is
expected from "Washington on "Wednesday.
Chairman of County Committee.
DALLAS, Or., April 2L At a meeting,
of the Polk County Democratic Central
Committee, in Dallas, Saturday, J. "W.
Kirkland, of Independence, was elected
chairman.
Furnish Will Visit Dallas.
DALLAS, April 21. W. J. Furnish, can
didate for Governor, has written a letter
to Dr. W. J. Farley, saying he will be in
Dallas soon.
THE EAGLE WILL SCREAM.
Great Celebration at Salem on the
FoHrth of July.
SALEM, Or., April 21. At a mass meet
ing of citizens tonight, it was decided
that Salem shall observe the Fourth of
J,' with a great celebration. Enthusi
astic addresses were made by a number
of prominent business men. It was sug
gested that the orator of the day be a
man of National reputation, or that a
Joint debate be arranged between promi
nent Oregon statesmen.
The following citizens were appointed
a general committee to report a plan of
celebration at an adjourned meeting to
be held Monday evening, April 2S: John
H. -Scott. W. Merritaan, C. H. Hlnger,
J. T. Graham, H. D. Patton, H. W. Barr,
C. A. Murphy. The committees, upon
which near-by towns will be given rep
resentation will be appointed at the next
meeting.
Two Women Injnred.
While -Mrs. A. N. Gilbert, of this city.
and Mrs. B. H. Bowman, of Terry, near
Portland, were driving in Polk County
today the carriage was upset and both
sustained severe bruises. As they were
descending Eola Hill, one of the shafts
broke, frightening tho horse. After some
delay help was secured and the ladles were
brought to Salem. Dr. W. H. Byrd, who
Is attending, says the Injuries will not
prove serious.
CHIEF SALTESE IS DEAD.
Indians for Miles Aronnd Will At
tend His Funeral.
COLFAX, Wash., April 21.-:hlef Salt
ese, ot the Cocur d'Alencs, died at 6
o'clock last night at Dcsmet Mission. The
funeral will be held Wednesday. All In
dian tribes within 100 miles have been
invited by telephone, and the funeral will
be the largest ever held by that tribe. The
election of a chief -will follow the funeral,
and Poter Wlldshoe, second chief of tne
Coeur d'Alenes, Is expected to bo the
choice. He Is an intelligent Indian, and
will follow largely the courSo of Saltese.
Saltese gave directions for the disposition
of his property and for his burial, request
ing to be burled in a plain coffin at tne
mission, where he had lived so long.
LARGE SALES OF WHEAT.
In Umatilla County nt Average Price
of 55 Cents.
WESTON, April 21. The' -wheat sales
last week in Weston were the largest for
the season. In tho early part of the
week, the Pacific Coast Elevator Com
pany, of Portland, through Its agents,
bought a 40,000-bushel lot. Saturday,
Kerr. Gifford & Co., and the Northwest
ern Warehouse Company bought 29,500
bushels, making the total sales for the
week 70,000 bushels. The price averaged
55 cents.
There has been plenty of rain here so
far this season, and the prospects for
a large wheat crop are good.
Bratal Assault Alleged.
VANCOUVER, Wash., April 21. A.
Henderson, a member of the Hospital
Corps of the Army, at Vancouver Bar
racks, was arrested here last evening,
charged with committing an assault with
a deadly weapon upon Henry Jackson, a
colored bootblack. . Henderson, It Is said,
brutally assaulted Jackson without provo
cation, by striking him over the head and
face with "an iron water pipe, and by kick
ing him In the face. He will probably be
given, a hearing before a Justice tomor
row. v
i
You nave tne most convincing evidence of tins
fact every day. Otherwise beautiful faces marred with
black heads, blotches and pimples, muddy or sallow com
plexions, and red, rough or oily skins are some of the
most common and conspicuous symptoms of bad blood.
You can hide these ugly and humiliating blemishes by glazing them over with face
powders and rouge, and the rough and discolored skin is made white and smooth by a lavish
use of cosmetics, but these artificial complexions and false skins only last for a day, when
the eruptions and spots stand out as bare and brazen as ever. The natural beauty and
smoothness of the skin cannot be permanently restored by the use of external applications,
for the reason that' these skin diseases are due to some poison or humor in the blood that
must be antidoted and eliminated before the skin can or will return to a healthy state.
Under the purifying and tonic effects of S. S. S.
all impurities are expelled from the blood, the
general health is invigorated, and all disfiguring
and annoying eruptions promptly and perma
nently disappear from the skin, and it becomes as
soft and smooth as ever.
Bad blood tells in many other ways. Itch
ing and burning eruptions, rashes and sores, boils
and carbuncles show the presence of some irrita
ting poison or unhealthy matter in the blood, and
these aggravating troubles will continue until the
weak and slow circulation has been quickened
and . the deteriorated blood made rich and strong;
again. Some are born with bad blood, and it begins to tell in infancy; scrofulous affections,
sore eyes, scalp diseases, nasal catarrh, stunted growth, brittle bones and soft, flabby muscles
are some of the early manifestations of bad blood by inheritance. These symptoms, if
neglected, may develop into some deep-seated and serious blood trouble later on in life, but
the timely use of S. S. S. will check the disease in its incipiency, remove all taint from the
circulation, and the little sufferers grow into healthy manhood and womanhood.
,. S. S. is Nature's Remedy. It contains no Arsenic,
Potash, or other mineral, but !s strictly a vegetable blood purifier and tonic that can be
taken without fear of any hurtful effects, and with perfect assurance of a speedy and lasting
cure Our illustrated book on the Skin and its Diseases contains much plain and practical
Information about eruptive diseases, their cause and cure, how to take care of the skin,
Etc., that will be of iaestimable value to all sufferers. We will mail you a copy free.
Write us about your case and our physicians will gladly furnish any information or
advice desired without charge. THE SWIFT SPECIFIC COMPANY, ATLANTA, 6 A.
WEAVERS ON A STRIKE
OREGON
CITY anLI.3 WILIi BE
CLOSED TODAY.
Over 300 Employes Will Be Out of
Work-Company Refuses to
Grant Higher Fay.
OREGON CITY. April 2L Eighty weav
ers employed In the woolen mills owned
by the Oregon City Manufacturing- Com
pany walked out this morning, owing to
a disagreement over the scale paid for
piecework on the looms. The plain weav
ers, who w,eave blankets, flannels and
other plain material, have been receiving
3 cents per yard for their work. This
morning the company made the announce
ment that each weaver would be required
to operate two looms at a reduction of
three-quarters of a cent per yard on some
classes ot work. President A. R. Jacobs
says that one weaver can earn more on
two looms than on one on certain classes
of goods, and that one weaver operating
two looms ran produce as much as two
weavers on the same number of looms.
The weavers refused to a man to consent
to the proposed arrangement, and walked
out In a bodjv They were Joined by the
casslmere weavers, the pattern weavers
and the dressers.
At noon the carders, spoolers and spin
ners were laid off, and the company gave
out the Information that unless a satis
factory agreement was reached the mills
would be closed down Indefinitely. This
afternoon the number of hands out of
work numbered over 150.
The weavers met In Red Men's Hall this
morning and discussed the situation. They
agreed to stand firmly together. Another
meeting was held this afternoon, and a
committee was appointed to confer with
President Jacobs and to ask for a flat In
crease of 1 cent per yard on all piecework.
Lrate this afternoon a conference was
had between the committee appointed by
the weavers and the president of the com
pany. The latter stated Just what terms
he would accede to and that he would wait
until tonight for a reply. Tonight the
weavers In a meeting decided to hold out
for higher wages. President Jacobs de
clared flatly that he would refuse to grant
the demand. Over 300 employes will be
on strike tomorrow. A union was orean
lzed tonight, and It will affiliate with the
United Textile Workers of America.
There are over 300 employes In the
woolen mills, many of whom are women
and girls. Many of these support fami
lies with their earnings, which are In most
cases very small. One woman said at the
meeting this morning that last month she'
was paid $21, and with this she supports
a family of Ave children. The sympathy
of the people of Oregon City is largely
with the employes.
The employes are confident of the favor
able outcome of the trouble, as It Is under
stood that the company is far behind on
its orders, and could not easily afford to
cease operations at this time.
DIDS CALLED FOR.
To Supply School Libraries With
Book.
SALEM, Or., April 2L Superintendent
of Public Instruction J. H. Ackerman to.
day sent out circulars calling for bids
on book3, to be purchased by school dis
tricts for school library purposes. The
circulars were sent to ssven of the lead
ing publishers and dealers In books in the
United States. The law governing school
libraries requires that every two years
the State Board of Education shall make
up a list of books from which school dis
trict officers must select In purchasing
for their school libraries. The list Is
made up from lists submitted by the pres
ident of the State University, the pres
ident of the State Agricultural College and
the presidents ot the several State .Nor
mal Schools. About 1500 books are enu
wnen tne Diooa is neaitny ana pure it tells a
different story, a smooth and flawless skrn glowing with
health, a sound body and active brain, well nourished
system, good appetite and digestion, and restful and
refreshing sleep. S. S. S., combining both purifying and
tonic properties, contains all that you need in the way of
a blood builder and skin beautifier.
merated. Publishers will be requested to
"give their prices on the books and the
school officers must buy from the lowest
bidders, unless they can obtain lower
prices from some other dealer. While the
list Is a long one, school districts need
not purchase any more books than they
deem best.
Only two counties. Lake and DouglaB.
have levied the tax. amounting to 10 cents
for each pupil, provided for the purchase
of library books by the act ot the last
Legislature. The number of books pur
chased this year under the new library
law will not be large, but It Is probable
that many books will be selected from this
list by districts that are maintaining in
dependent libraries.
Deputy Assessors Chosen.
County Assessor Charles Lembcke has
announced the appointment of the follow
ing deputies, who will perform the field
work of making the assessment of 1902:
Floyd B. Dayton, Salem; Philip Mullln,
St. Paul: W. D. Matthews, North Salem;
Frank Zlegler, Aurora; A. H. Will, Wood
burn; A. D. Hall, Sllverton; J. S. Ritchie,
Scott's Mills; C. W. Stege. Howell: R.
Donaldson, Sidney: F. N. Coffey, South
Salem; W. T. Riches, Turner; F. J.
Wrightman, Stayton; W. L. Jones, Jefferson-Received
nt Insane Asylum.
Annie E. Achurch, aged 29. wa3 brought
to the asylum today from Lostlne, Wal
lowa County.
Patrick J. Farrell, aged 27, of OIney,
Clatsop County, was received at the same
institution.
Received at Penitentiary.
Sheriff Thomas Linvllle, of Clatsop
County, was in Salem today to bring to
the penitentiary Al Hoyt, who will serve
one year for larceny.
Collection of Taxes.
Sheriff Durbln has already collected over
$124,000 of the $218,000 due on the 1901 as
sessment roll. County Treasurer Downing
today made a payment of $26,S96 on ac
count of state taxes.
Nominations Accepted.
All the Republican nominees for county
There s Nothing So
Bad for a Cough
as Coughing
The poorest doctor in
town will tell you that. The
best one will tell you he prescribes
Ayer's Gherry Pectoral for all
throat and lung troubles. We send
doctors the formula for this medi
cine. They know it's a splendid
prescription for colds, bronchitis,
hoarseness, and even for con
sumption itself.
" I coughed terribly after having a hard attack of la.
grippe. If it had not been for Ayer's Cherry Pectoral, I
do not believe I could possibly have pulled through.w
E. B. Davis, Providence, R. L
There's Nothing So
I Good for a Cough as
Ayers Cherry
2fcM&, U. J. C AYEE
wirgniaitaMfa
HER BEAUTY RESTORED.
Whon zny daughter was threo months old Eczoma
hroko out on. her head and continuod to spread until
her ho ad 'was entirely covered. Sho was troatod "by
several good doctors, but grow worse, and tho dread
ful disease spread to hor faco. Sho wall taftcn to two
celobratod health springs, but rocolvod no benefit.
Many patent medicines woro taken, but without result,
until wo docided to try S. S. S., and by tho timo tho
first bottlo was finished, her head began to hoal. A
doaon bottles cured her cornplotoly and left hor skin
perfectly smooth. Sho is now twenty years old, and
has a magnificent growth of hair. Not a sign of the
dreadful disease has ever returned.
H. T. SEOBE.
2314 Pine Street, St. Ziouls, 3SCo.
and precinct offices in Marlon County
today filed their acceptances In the office
of County Clerk Hall.
NORTHWEST DEAD.
John Doherty.
ASTORIA, Or., April Zl.Iohn Doherty,
an old resident of Skamokawa. died In this
city last evening of Brlght's disease, after
a protracted Illness His funeral will be
held at Skamokawa Wednesday, and the
body will be interred In the cemetery
there. He was a native of Ireland, about
70 years of age, and unmarried.
Funeral of Sirs. Slmonton.
DALLAS, Or., April 21. Tho funeral of
Mrs. Slmonton. who died in Dallas Sat
urday night, took place today from the
Presbyterian Church. Burial was In I.
O. O. F. cemetery. She was the mother
of 17 children, 13 of whom are living.
Army Orders.
VANCOUVER BARRACKS, Wash.,
April 2L Major Joseph E. Maxfield. Sig
nal Corps, has reported for duty at de
partment headquarters and Is announced,
as signal officer of the department.
Captain Alexander T. Ovcnshine, of the
Seventh Infantry, left Vancouver Bar
racks last week for Alaska, having re
ceived orders to join his company at Fort
Liscum. without delay.
Lieutenant Charles F. Humphrey, Jr.,
Adjutant of the Third battalion ot the
Seventeenth Infantry, at Vancouver Bar
racks, has been ordered to report to the
commanding officer at Boise Barracks for
duty.
Clayton W. Click, general recruiting
service, has been relieved from duty
at Portland and ordered to Seattle to
report for duty at the recruiting station
there. '
Cornelius Team Wins.
FOREST GROVE. Or.. April 21. The
first match game of baseball on the new
grounds here was played yesterday, be
tween first teams of Verboort and Cor
nelius. The score was 9 to 13, In favor
of -ornellus.
Pectoral
CO., LcwH, M
Iwllll
ifpr I