Morning Oregonian., April 29, 1902, Page 4, Image 4

THE MORNISTG OREGONIAN, TUESDAY, APF.IL 29, 1902.
FEES OF RECEIVER
Supreme Court Says They
Are a First Lien.
ON PROPERTY IN HIS CUSTODY
Ulnsmen Mntit Estnbllih Good Faith
In Salts Brought to Set Aside
Transactions In "Which There
Are Evidences of Frand.
1) W '
A receiver succeeds to all the rights
pertaining to the property given Into
tola custody, and his fees are a first
charge against the funds.
"Where transactions among near rela
tives are attended with an atmosphere
of distrust, and where the plaintiffs
evidence In a suit to set aside the
transaction makes a prima facie case-.
It devolves upon the defendants to
establish good faith.
In a suit against a city for damages
for an Injury on account of a defective
sidewalk, it Is proper to exclude testi
mony regarding declarations made by
a Councilman after his term expired.
' ,...,..
SALEM, April 28. The Supreme Court
at noon today handed down four oplnlone,
three of -which confirmed the Judgments
of lower courts.
Ida "M. Tobln et al., respondents, vs.
the Portland Flouring Mills Company, the
Salem Flouring Mills Company, Balfour,
Guthrie & Co., respondents, A. Wheeler
as receiver, respondent, and James C,
Black, administrator of estate 6f T. J.
Blaek. deceased, appellants; nppeal from
Linn "County; R. P. Boise, Judge; af
firmed. Opinion by Justice Moore.
This was a controversy regarding tho
payment of receiver's fees and expenses
from a particular fund. A. "Wheeler was
made receiver In an original suit to take
charge of wheat in warehouses of T. J.
Black, deceased, at Halsey, Cummlngs
and Ierry. The Receiver filed a report
showing the quantity of wheat found in
the several warehouses, and stating that
the storage charges thereon, together with
the value of the sacks furnished hy Black
to the depositors, amounted to about $4300,
which sum, if used to pay his fees and
expenses, would permit nearly all the
wheat so stored to be delivered to the per
sons entitled thereto; but if the money
collectible from these sources could not be
applied in this manner. It would be neces
sary to retain a part of the wheat In each
warehouse and sell the same for that
purpose. In order to provide for fees and
expenses of receivership, the court or
dered the receiver to retain 15 per cent
of the wheat in storage, and to deliver
the balance pro rata to the depositors.
In a subsequent report the receiver
showed sales and collections from storage
charges and sales of sacks amounting to
$2981 01, and expenses for the same period
of $1059 65, and aeked that money eo re
ceived be used to liquidate expenses, his
own services and attorney's fees. The
two flouring mill companies, who were
creditors of the Black estate and also the
administrator of the estate, remonstrated
against such use of the money. The
court directed the payment of expense
items amounting to $2934 C5 from the
amount of the collections, and from this
Black, as administrator, appealed.
Black was conducting a general ware
house business at Halsey, Cummlngs and
Derry. He received grain for cleaning
and storage purposes, for which charge
was made. The court holds that all grain
In storage at the warehouses passed into
the hands of the receiver under the court's
original order. The opinion says: "Black
undoubtedly had a Hen upon the wheat
d-poslted In his warehouse, to secure the
storage charges thereon, as well as for
the cost of the sacks which he furnished,
and having, as bailee the possession of
the wheat, he could have retained such
possession and refuced a delivery thereof
until such charges were paid. The re
ceiver succeeded to all the rights that
Black enjoyed In relation to the wheat,
end was therefore authorized to collect
the charges for storage and sacks under
the original appointment."
The question of any shortage In quan
tity of wheat at different warehoue-6, the
ccurt holds not of rufficicnt importance
to bs a subject of the controversy, since
the wheat found at the warehouses was
relieved from the operation of the decree.
Continuing, the opinion says: "The wheat
so ttored was in Black's custody as bailee,
until he died, when the right of pooseealon
passed to his representative, where It rc
lsinincd until this suit was instituted and
the receiver appointed, who took posses
sion, and the court, having jurisdiction of
tho rc, the fund arising therefrom warf
subject to ltr crd-r and burdened with
the reasonable expenses and fees of the
receiver. The administrator, as a party
defendant in the suit. Interposed no ob
jection to the appointment of a receiver
of tho wheat stored at Cummlngs or
Derry. nor did he take any exception to
the receiver's claim for fees and expenses
until it was suggested they should be
paid out of the fund so created. If the
receiver had found no shortage In either
warehouse, his right to be paid for his
reasonable services and to be reimbursed
for his expenses must be conceded. Such
a discover' may have shown that no
necessity existed for the appointment,
but he was an olflcer of the court and his
fees and expenses were properly allowed,
and, the fund having been created by his
execution of the court's order of appoint
ment and brought Into court, must bear
the expenseslncurred by the proceedings
In preference to all other claims against
't," The judgment of the lower court was
affirmed.
J. C. Goodale, respondent, vs. A. Wheel
er, et al., appellants, appeal from Lane
ZTounty, J. W. Hamilton, Judge; affirmed.
Opinion by Justice Wolverton.
This was a creditors' suit instituted June
12, 1899, to have A. Wheeler declared to
be the owner of lots 1 and 2, block 6,
Fairmont, Lane County, to set aside cer
tain conveyances of said lots, and sub
ject them to payment of plaintiff's de
mand. On October 22, 1S92, Goodale and
others became sureties for Wheeler upon
a. promissory note, which he was subse
nuently obliged to pay, amounting In all
to $1874 35. On July 2S, 1892, Wheeler
and his three sons and his wife organ
ized the Lane Lumber League with a cap
ital stock of $50,000. Wheeler, In exchange
for stock in the corporation, transferred
to the company property for which he
received 11 mortgages, aggregating $16,
5S3 44. The property In question was con
veyed to Wheeler by H. C. Hunter June
5, 1894. On May 15 of the following year,
Wheeler transferred property to T. C. and
A. C. Wheeler, his sons, who, on the
same date, transferred the lots by deed
to Mary B. Wheeler, wife of defendant,
it was alleged that the transfers among
the Wheelers were fraudulent and with
out consideration, and that the Lumber
League was organized to enable Wheeler
to cover up his property and defraud his
creditors. Testimony at the trial revealed
Wheeler's assets to have been $5579, In
stead of over $52,000, as represented at the
time of the organization of the company
of which he was the president Wheeler
was practically Insolvent at the time the
lumber league was organized. The court
finds- that there was a semblance of fraud
In every transaction regarding the owner
ship of the property. The sons, by whom
the father transferred the property to the
wife, are held parties to the fraud, and
the court holds- they cannot be considered
innocent purchasers. In concluding, the
opinion says: "To say the least, the
transactions are attended all the way
along with such an atmosphere of dis
trust, and, being among near relatives, the
defendants were called upon to explain
and establish the exercise of entire good
faith to overcome the prima fade case
made by the proof favorable to the plain
tiff's cause, and this they have not done.
The principles here Involved and stated
. . . . serve In their application to the
facts to affirm the decree of the trial
court, and it is so ordered."
H. W. Hesse, respondent, -vs. N. A.
Barrett et al., defendants, and Luclnda
C. Jackson, appellant; appeal from Wash
ington County, T. A. McBride, Judge; re
versed. Opinion by Chief Justice Bean.
In July, 1894, Barrett and his wife con
veyed to Mrs. Barrett's mother, Mrs.
Jackson, some town property in Hlllsboro,
and a farm near the town for an ex
pressed consideration of $6000, which
amount was credited on a note against
the Barretts for $11,400 in favor of Mrs.
Jackson. At the time of the convey
ance, Barrett was largely indebted and
practically insolvent, and it was con
tended by the plaintiff that the convey
ance was made under an agreement by
which Mrs. Jackson should subsequently
convey the property to the children of
the Barretts, and was therefore void as
to creditors. The court held that the note
held by Mrs. Jackson against the Bar
retts was a valid Indebtedness; that the
credit thereon was .the full value of the
property conveyed, and that although It
appeared from the testimony that the
Barretts hoped and expected that Mrs.
Jackson might afterwards convey the
property to their children, the conveyance
was not void, because there was no evi
dence that Mrs. Jackson ever agreed or
assented to such an arrangement or prom
ised or intended to hold the property for
the benefit of, or to convey it to, the Bar
rett children.
Laure Adklns, plaintiff and appellant,
vs. the City of Monmouth, defendant and
respondent, appeal from Polk County, G.
H. Burnett, Judge; affirmed. Opinion by
Chief Justice Bean.
This Is an action brought by Miss Ad
klns to recover damages for an Injury al
leged to have been received on account
of a defective -sidewalk. The court below
granted a motion for a nonsuit, and she
appealed. The bill of exceptions did not
show affirmatively that it contained all
the evidence given at the trial, or the sub
stance thereof, and the court held that In
the absence of such a showing It must
assume in favor of the ruling of the trial
court, that there was other testimony,
which, If contained In the bill of excep
tions, would show that the plaintiff was,
as a matter of law, entitled to recover.
It was also held that there was no error
In excluding tho testimony of certain
statements and declarations made by a
member of the Council of the defendant
city after his term of office had expired.
Homer. B Mace, respondent, vs. F. L.
Mace, appellant, appeal from Harney
County, modified February 10, 1902, on
appellant's motion for rehearing, petition
denied; opinion by Chief Justice Bean.
This was an application for a modifica
tion of a decree heretofore entered. The
court held that on the record before it
the motion should be denied; but if the
case "goes back to the court below for an
enforcement of the decree, it Is made to
appear to that court that a decree can be
framed fixing definitely the date or dates
when the defendant can raise the bank
without Interfering with the rights of the
plaintiff, it is authorized, If it deems it
proper, to frame such a decree."
The petition for rehearing In case of
Harmon vs. Decker was denied.
IMPORTANT CASES DECIDED.
Circuit Court Upholds Tvro Wills In
Clnckamas County.
OREGON CITT, Or., April 23. Two Im
portant decisions were handed down to
day In the Circuit Court by Judge T. A.
McBride. Both were on appeals from the
County Court, and Involved an estate
worth about $20,000. In the estato of
Hiram A. Straight an order for distribu
tion was made. Straight died about five
years ago, leaving an estate valued at
about $12,000. His son, Hiram Straight,
-was appointed executor, but died before
the administration of the estate was
closed. Previously to his death he as
signed his Interest in the estate to Allen
& Lewis. He owed his father $1000, and
had 'given his note for the amount, but
the note was lost and was never found.
Allen &. Lewis, through Hedges & Grif
fith, their attorneys, contended that the
note, not being In existence, was no claim
against Hiram Straight. The County
Court decided that the claim against the
Interest of Hiram Straight was valid.
Judge McBride affirmed the decision of
the lower court.
The famous Fellows will case, which
has been hanging fire for some time, was
decided today. Hiram Fellows died about
two years ago, and left a will In which he
gave to two of his sons, Dan and EH, the
bulk of his property, valued at about
$7000. Ho gave small amounts to his eld
est son Orlando and to his daughter Julia,
because the former received a 160-acre
farm about 20 years ago, and the daugh
ter received fro mher mother an estate
valued at $3000. Orlando and Julia con
tested the will on the ground that the
father was Influenced by his two sons,
Dan and Ell. The decision of the lower
court Is affirmed. The case may be ap
pealed to the Supreme Court.
Ten of the Hays contest cases were set
for hearing in the United States Land
Office this week, two for each day. This
morning the cases of Hays vs. Catherine
L. Brown and Hays vs. Ernest C. Gross
were called. In the Brown case only one
witness, John F. Watts, testified for Hays.
Colonel Robert A. Miller 'appeared for the
contestee, and moved for a dismissal on
the ground of insufficient evidence. The
Land Office officials granted the motion.
In the Gross case the same testimony
for the contestant as In the Brown case
will be given.
Mill Employe Injured.
ELMA, Wash., April 28. James Ander
son, an employe at Shaw & Wright's mill,
two miles southeast of Elma, narrowly es
caped death this morning. He was caught,
in the line shaft. His head was fractured
and his arm badly hurt.
NORTHWEST DEAD.
Henry Beck.
JUNCTION CITT, Or., April 23. Henry
Bock, a prominent farmer and a Grand
Army veteran, residing nine miles west of
Junction City, died Sunday. Mr. Beck
was stricken with paralysis Jast Winter,
and had apparently fully recovered, but
had a second paralytic stroke
while In town last Tuesday. He was
born and raised in Indiana, and came to
Oregon with his family In 1874. He was 67
years of age. He enlisted with the Union
Army In 1S6L and was wounded In the
battle of Gettysburg. A wife, two sons
and a daughter survive nlm. Interment
was In the Smlthfleld cemetery today.
Mrs. Sophia Parsons, Pioneer.
FOREST GROVE, April 28. Mrs. Sophia
Parsons, an Oregon pioneer of 1352, died
at her home at Dllley Saturday night,
aged 78 years. She was born at Porter,
N. T., and went to California In 1S49.
Three years later she came to Washington
County, where she had slnceyrcslded. The
following children survive her: Horace,
Thomas, Carr, Everett, Julian, Fred,
Henry and John, near Forest Grove, and
Mrs. Elizabeth Johns, of Kalaraa. Inter
ment was In the Naylor cemetery this af
ternoon. Mrs. Patrick Buckley.
VANCOUVER, Wash., April 23. The fu
neral of Mrs, Buckley, wife of Patrick
Buckley and an old pioneer of Vancou
ver, who died at her home in this city
last Saturday, took place from Si. James'
Cathedral today. A large number of
early settlers of the city an county at
tended the funeral and followed the re
mains to the Catholic cemetery, where in
terment was made.
NEW MAN FOR OFFICE
JOHN Ii. MURRAY, ARID LAND COM
MISSIONER. Appointed hy Governor BIcBrlde Ob-
Ject Is to Take Advantage
of Carey Act.
OLYMPIA, April 23. Governor McBride
today appointed John L. Murray, of San
Juan County. State Arid Land Commis
sioner. ,Mr. Murray is chief clerk In the
office o'f the Commissioner of Public
Lands, and will take up the new work In
connection with his present duties. The
records of the Arid Land Commissioner
are in the hands of O. R. Holcomb, whom
Mr. Murray succeeds. Mr. Holcomb is in
Colfax and has been unable to carry on
the work of his office because the Legis
lature has made no appropriation there
for since 1S97. Mr. Murray will act with
out salary and will also be compelled by
law to furnish a bond of $25,000.
The chief reason In making an appoint
ment to this office at this time lies In a
DEATH OF WELL-KNOWN
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MRS. ANN BOWEN.
BAKER, CITT, Or., April 2S. Mrs. Ann Bowen, who died here Friday,
was one of the best-known pioneers In Eastern Oregon. She was the
relict of Ira B. "Bowen, Sr., who died 21 years ago the 11th of next May.
She was born at Utlca, N. T., January 12, 1829. After her early life and
marriage In New Tork, and subsequent residence In Illinois, where Mr.
Bowen was master mechanic of the Galena & Chicago Railroad, now the
Northwestern. In 1862, tho family started West, crossing the plains by
ox team, destined for the Willamette Valley, which at that time was all
that was known of the State of Oregon. Reaching a point near what Is
now Baker City, and hearing of the great strike of gold near Auburn,
Mr. Bowen located there and engaged in the mercantile business, the firm
being known as Bowen & Cranston. In 1S6S Mr. and Mrs. Bowen moved
to Salem. Bowen & Cranston buying out Breyman Bros., of Salem. They
lid business In Salem until the year 1871, when they closed out there
and came to Baker City and bought the farm of A. H. Brown, who at
that time was State Treasurer. Following this they embarked In what
was called the Sparta canal enterprise, the Bowen family moving to
Sparta. The building of this canal from Eagle Creek made possible the
working of the placer mines of that country, and It was a large enter
prise for those days.
In the year 1876 the family returned to Baker City, where Mr. Bowen
later died, and where Mrs. Bowen since resided.
Mrs. Bowen was the mother of 13 children, nine of whom are living
Mrs. E. B. Cranston, of Keating, Or.; Mrs. James W. Virtue, of Le
land. Or.; F. A. Bowen, of Spokane, and I. B. Bowen, editor of the Dem
ocrat; Edward C. Bowen, H. S. Bowen, James Clifford Bowen, Miss Es
tella Bowen and Mrs. Thomas Anderson, of Baker City.
Mrs. Bowen was a devout member of the Catholic church, and was
very active In the work of the church In this city.
communication received by the State Land
Office from the Government, requesting
that thet state make some move In the
matter of reclaiming the two tracts of
land selected under the arid land act of
1S94; and stating that unless the state
takes action along that line within 30
days the two selections will be canceled.
There is nothing In Olympla to show the
extent of the tracts selected and there
was no way of securing the records with
out the aonolntment of an Arid "Land
Commissioner to receive them from Mr. !
Holcomb. It Is understood from letters j
received from Mr. Holcomb, that he pro- !
poses to attempt to collect the salary of j
$2000 provided by law, which he has not .
received since 1SS9, because of the failure
of the Legislature to appropriate it. It
was the desire of the Governor to cut
off the possibility of the state's having ,
to pay this salary, while receiving no ad-
vantage from the office. t
in isvo tne state oi wasmngion passeu
laws to enable it to take advantage of the
arid land act of Congress, approved In
1S34. and appropriated $16,000 in addition
to the Commissioner's "salary for the work j
of surveying and selecting lands, and
planning and carrying out an irrigation
system. Two selections of land were j
made by the first Commissioner, L. S. J
Howleit, who was appointed by Governor
McGraw. Mr. Howlctt was succeeded In
1SG7 by O. R. Holcomb, who will be re
membered as the Democratic candidate
for Commissioner of Public Lands In 19W.
The Legislature of 1897 appropriated $10,003
for salaries and office expenses of the Arid
Land Commissioner, and $20,000 for con
struction work. OX the total amounts
appropriated by the Legislatures of 1895 i
and 1897, only $15,171 S3 was expended, the J
balance reverting to the State Treasury, j
Mr. Murray's first act will be to ascer- ,
tain how much land has been selected;
whether It can be Irrigated and whether j
the amounts already expended have been .
on work of a sufficiently permanent char
acter that it may be saved to the state
by retaining the lands.
It Is his understanding that the state, .
in selecting the lands, had 10 years In
which to perform certain work toward re-
claiming them; and that an extension of '
five years can be obtained upon a proper ,
showing to the department at Washing
ton. Under the provisions of the act, the
state Is entitled to select 1,000,000 acres
of arid lands.
SOLDIER INHERITS FORTUNE.
Returns From Philippines to Find
Estate Walttnjr for Him.
SAN FRANCISCO, April 28. Back from
the war and Its hardships to find himself
the possessor of unexpected riches, come3 I
Charles R. Rogers, a private in Company j
H, Twelfth United States Infantry, who i
arrived In port with his company on the j
transport uranc ror tnree years sogers
fought for his country In the Philippines,
earning a soldier's pay, unconscious all
the time that there awaited him In Chi
cago an estate valued at $23,000.
The property consists of S3 acres of rich
land near Fort Sheridan, and was left to
Private Rogers by his uncle, George Rog
ers, a lumber merchant of the Lake Side
City. Toung Rogers 'ran away frdm his
Chicacro home when he was 14 vpats old.
He received the news of his good fortune
In a letter which was awaiting blm here
from George Presby, a Chicago attorney.
WILL RUN HIS OWN BUSINESS.
So Says s Barber "Who Has Been Boy
cotted. VANCOUVER, Wash., April 28. A boy
cott has been declared on a barber shop
hero by the barbers of the town. The rea
son for the boycott Is that the proprietor
of the shop persists In keeping open on
Sunday. Two years ago the barbers of
Vancouver, by common consent, entered
t x .......;.. mWa ViaI. eVirvrta nf
illiu till asicciuvni. 1.U WUiD i...v. ..w "yi
8 o ciocK every evening ot wie wee, ex
cept Saturday, and not to open Sunday.
This agreement, it is said, has never been
violated In a single instance until now.
The fact that aggravates the case more
than any other, tho barbers say, is that
tho proprietor of the boycotted shop, who
has been In business here only a few
months, joined the barbers organization
when he first opened his shop, and agreed
to stand by all of Its regulations. Con
siderable attention was attracted to the
place yesterday, when all of the barbers
in town lined up on the sidewalk In front
of the shop and remained there until the
refractory shop was closed for the day.
The barbers first requested the proprietor
to close, and he refused. Each passer-by
EASTERN OREGON PIONEER.
was personally requested not to patronize
the place, and was handed a small hand
bill which read as follows: "To the
Public: Do not patronize the Antiseptic
barber shop, as It is unfair to organized
labor."
The proprietor of the place declares he
will continue to run his business to suit
himself, and will not close Sunday.
Army Notes.
VANCOUVER BARRACKS, April 23.
Two hundred and-sixty-five recruits des
tined for the Seventeenth Infantry, ar
rived this morning on tho steamer Undine
from Portland. They were under the
command of Captain W. H. H. Chapman,
Twenty-fifth Infantry; Lieutenant J. J.
Mayes, Twenty-fourth Infantry; Lieuten
ant C. Bach, Seventh Cavalry; Second
Lieutenant Llndsey, First Infantry, and
Acting Assistant Surgeon Lowell. One
half of the recruits will remain at Van
couver Barracks. The other 132 will be di
vided among the troops of the Seventeenth
Infantry, stationed at Fort Wright and
Boise Barracks. They will leave Vancou
ver Barracks tomorrow.
Martin J. Bloom, Eighth Battery, Field
Artillery, was found guilty of desertion
by the general court-martial convened
here, and was sentenced to be dishonor
ably discharged from the Army, forfeiting
all pay and' allowance due him, and to
be confined at hard labor for 18 months
at Alcatraz Island.
Horeshocr Elect Officers.
E"ERETT, April 2S. Officers elected by
the state convention of Master Horsesho
ers are: T. J. McCawley, Seattle, presi
dent; Thomas Gourley, Tacoma, first vlce
presIdenC and state organizer; J. P. Deck
er, Ellen8burg, second vice-president; N.
E. Walters, Tacoma, secretary and treas
urer. The next convention will be held
the last Saturday In April, 1903, In Ta
coma. The new name chosen for the as
sociation Is Horseshoers and Blacksmiths'
Association of Washington.
Ferry-Bout Still DIxabled.
VANCOUVER, Wash., April 28. Not
withstanding the efforts of the street-car
company to provide for the accommoda
tion of the patrons of the line between
this city and Portland since the mishap to
the ferry-boat yesterday, considerable In
convenience was occasioned today. A
small naphtha launch was employed In
carrying passengers last night and this
morning but this proved Inadequate, and
about noon a larger steamer was sent
from Portland.
Appointed to Governor' Staff.
OIA'MPIA, Wash., April 28. Governor
McBride today accepted the resignation
of Colonel E. M. Day. of Falrhaven, as
Judge-Advocate-General on the Governor's
staff, and appointed Assistant Attorney
General C. C. Dalton. of Seattle, to the
vacancy. The position carried with It the
title of Colonel.
SapplleH for Destitute.
SAN FRANCISCO, April 28. The Cham
ber of Commerce of this city has ar
ranged for securing supplies of food for
the many people rendered destitute by
recent earthquakes In Guatemala. All
steamship lines running to Gutacmalan
norts will transmit coods free of charee.
JEALOUS HUSBAND DIES
LOSES HIS OWN LIFE IN TRYING
TO TAKE ANOTHER'S.
His Intended Victim Turns :the
Tables on Him Result of a
Drunken Spree.
WHATCOM. Wash., April 2?. Fred
Conrad, aged 22, shot Joseph Black to
death at Deming, thla county at seven
o'clock this morning. Conrad was cook
at a shlnglemlll, at which Black was
also employed. Black was drinking yes
terday and drove his wife from home.
She went to Ivar Langland's house, where
shortly afterwards Black saw Conrad
engaged In conversation with her and
Mrs. Langland. He told Conrad then
that he would kill him, and made him
leave.
Later In the afternoon Black borrowed
a rifle from a neighbor and last night
went to the house In which Conrad was
sleeping. He fired three shots, one of
which passed through the roof. This
morning as Conrad was getting break
fast he spied Black some hundred yards
from the house, trying to draw a bead
on him with his rifle. He stepped inside
and secured a rifle. He fired at Black,
and shot him in the right lung. Death
was instantaneous.
Only manslaughter Is charged in the
Information on which Conrad Is held. He
will In all probability be released on
preliminary examination. He gave $20,
000 bonds and was released.
"WILL SPEAK TO THE PEOPLE.
Republican Candidates, la Clackamas.
Will Sport Themselves.
OREGON CITT, April 28. The Repub
lican campaign, will commence In Clack,
amas County this week In earnest. Chair
man J. U. Campbell, of the county cen
tral committee, has arranged the Itine
rary of the candidates who will address
the voters as follows:
Logan, Wednesday, 2 P. M.; Spring
water, Wednesday, 8 P. M.; Garfield,
Thursday, 2 P. M.; Eagle Creek, Thurs
day, 8 P. M.; George, Friday, 2 P. M.;
Sandy, Friday, 8 P. M,; Borings, Satur
day, 2 P. M.; Damascus, Saturday, 8 P.
3d".
Nearly all the candidates will join
hands on this four days' trip. They ex
pect to hold rousing meetings and to talk
straight Republicanism to the people.
Next Saturday evening George C. Brown
ell, Mayor Grant B. Dlmlck and Charles
H. Dye will make speeches to the voters
and people of Marquam. ExCounty
Judge Gordon E, Hayes, will stump the
county for the Republicans.
Republicans have assumed a confident
attitude. The ticket is one of the best,
if not the best, ever placed before the
voters of Clackamas County. Every man
on It Is clean and capable. It Is expected
that Henry E. Stevens, of Mllwaukle, Re
publican nominee for County Recorder,
will have the largest plurality of any can
didate. He is a universal favorite with
every one, and has served as Deputy
Recorder and as Deputy Clerk.
The Citizens are making a hard fight
on the Legislative ticket. Two years ago
the Fuslonlsts elected Representative
Gilbert L. Hedges, defeating Charles
Toole, of Canemah, Mr. Hedges' own pre
cinct. Of course, Republican votes elected
Mr. HedgeB. arid he went to Salem and
voted for John H. Mitchell for United
States Senator. By so doing he has been
severely condemned by many Democrats.
On the other hand he may gain enough
Republican votes more than to offset this.
Charles F. Clark Is a Legislative nom
inees on the Citizens ticket and is making
a hard struggle for election. He had
hitherto been a Republican for many
years, but Is now one of the most bit
ter men against the party. He has an
opponent In his own precinct, Herman A.
Webster, of Clackamas, Republican.
FIRST GUN FIRED.
State Political Campaign Opens at
Baker City. '
BAKER CITT, Or., April 28. There has
been a great gathering of Democrats In
Baker County during the past few days.
Baker City has been the place for the
formal opening of the state campaign.
This Is due to the fact that the Toung
Men's Democratic Club, a new organ
ization destined, If possible, to follow In
the footsteps of Tammany, was first In
the field with an Invitation to Mr. Cham
berlain to address a ratification meeting In
this city.
Mr. Chamberlain's speech was some
what disappointing to those who had
heard him address the state convention In
Portland. A friend who Is familiar with
Mr. Chamberlain's campaign methods, said
that the Democratic nominee was feeling
his way cautiously and did not Intend
to launch forth with an extended argu
ment of the issues of the campaign until
he had sized up the situation and decided
after a few talks with the people how
best to approach them. His reception In
this city was exceptionally cordial, and
was decidedly non-partisan. Mr. Cham
berlain complimented his opponent for
being a thorough organizer and a brilliant
man of affairs, saying that he, like Mr.
Furnish, Intended to talk business to the
people.
The Republican managers are positive
that few Republicans will be found voting
with the Democrats.
WOMEN ARE ASSEMBLING.
For Biennial Meeting of General
Federation of Clnbs.
LOS ANGELES, Cal., April 2S. Mrs.
Rebecca Douglas Lowe, of Atlanta. Ga.,
president of the General Federation of
Womens' Clubs, arrived in a special train
today. She was met by a local delega
tion of prominent clubwomen. The dele
gation from Texas arrived tonight. The
combined delegations from Iowa, Ne
braska and Minnesota are due at 8:30
P. M. tomorrow.
Nothing In connection with the coming
biennial meeting is agitating the minds
of local clubwomen so much as the
presidential candidacy.
Mrs. Kate Buckley, president of the
California State Federation, arrived In
Los Angeles today. She was accom
panied by Mrs. J. W. Orr, state secre
tary of correspondence and Dr. Dorothea
Moore ot the California Club.
WILL BE DISINTERRED.
Remains of General RosecranM to
Be Taken East.
LOS ANGELES, Cal.. April 2S. The
remains of the lata Major-General W. S.
Rosecrans TJ. S. A., will be disinterred
about May 10 and conveyed for Inter
ment to the National cemetery at Ar
lington, near the City of Washington.
Carl F. Rosecrans, son of the decedent,
who will accompany the body, has been
advised that when It arrives In Washing
ton, It will He In state. Elaborate fun
eral ceremonies have been planned to
take place In the National Capital May
17. Since the death of General Rosecrans
the remains have rested at Rosedale
cemetery, Los Angeles.
FIFTY-SEVEN CENTS FOR WHEAT.
Largest Single Holding in Walla
Walla Valley.
WALLA WALLA. Wash.. April 2S. W.
H. Babcock, the wheat king of Eureka
Flat, has closed out his holdings, amount
ing to 75.C00 sacks 175.000 bushels. He sold
at terminals for 67 cents, equal to 37
cents a bushel free on board cars at Walla
Walla. His wheat was stored at different
points on Puget Sound, and was the big
gest individual holding in Walla Walla
Valley.
Many Foresters Present.
LOS ANGELES, Cal., April 2S. Two
hundred members of the Supreme Court
of m the Independent Order of Foresters,
who arrived In this city last night by
a special train from the East, spent the
day in Santa Monica where Foresters'
day was celebrated. Headquarters have
been established at the Hotel Vannuys,
where tonight a reception was tendered
Dr. Oronhyatekha, supreme chief ranger,
and the supreme executive committee.
It Is expected that S000 foresters will be
In the city by tha,t time.
Orejraa Mining Stock Exchange.
Yesterday's quotations at the Oregon Min
ing Stock Exchange were:
Bid. Asked.
Alaska 11. & M, OK 11
Bronte Monarch , ,..,17 18&
Caribou 3 5h
Copperopolls 244 1 00
Crystal Consolidated 14 17
Chicago .- 7s 8$
Cascade & Calumet 2 4
Gold Hill & Bohemia 10?i IS
Huronlan , 6 7
Lost Horse Z 6
Oregon-Colorado M. M. & P BO
Riverside 6
Bumpter Consolidated 2 5
Sweden Copper (Gtd.) S7h 00
Winnipeg' td.) 0 15
SPOKANE, Wash.,
bids for mining stocks
B. A.
Am. Boy ....5 T
Black Tali... 12 14 !
Butte & Bos. 3ft 4
Ben Hur ...12 13ft
Deer Trail .. 2 2
Fish. Maiden. 6 0
Gold Ledge.. 1 1
Jim Blaine.. 2 4
L. P. Surp,. 6 7
Mtn. Lion ...26 27?4
April 28. The closing
today were as follows:
A.
3,i
3'A
39
SSU
io(i
2
Morn. Glory.. 2
Prln. Maud.. 3
Qullp 32
Bam. Car 85
Republic 0
Reservation ..
Sullivan 8
Tom Thumb.. 22
San Poll ....20
ja
Trade Dollar.ll 14
SAN FRANCISCO, April 23. The official
.closing quotations for ifilning stocks today
were as follows:
Alta $0 03Justlce ...$0 08
Belcher 10Mexlcan '. SO
Best & Belcher.. 27Occldental Con ... 15
.Bullion 2lOphlr , 175
Caledonia 51 Overman 25
Challenge Con ... 10 Potest 30
Chollar lOJSavage 15
Confidence ....... 62SIerra Nevada.... 28
Con. Cal. & Va.. 1 OOlSllver Hill 40
Crown Point .... 0 Union Con 2S
Gould & Curry,. GJUtah Con ........ 4
Hale & Norcros3. 22 1 Yellow Jacket .... 13
NEW YORK, April 28. Mining stocks today
closed as follows:
Adams Con $0 20lLlttla Chief ....$1 15
Alice 55iOntarlo 8 25
Breeco,
SOOphlr ... 1 35
Brunswick Con...
Com. Tunnel ....
Cpn. Cal & Va..
Deadwood Terra..
Horn Silver .-,,.
Iron Silver
Leadvllle Con ...
lSiPhoenlx 0
5Potost i. 3 50
1 35(Savage 5
701 Sierra Nevada.... 10
1 40 Small Hopes 45
eSiStandard 8 40
oi
BOSTON, April 28.-CIoslng quotations: -
Adventure $21 00 Osceola ........$62 87
Aitouez a oo,
Amalgamated .. 05 87
Parrot '.... 26 00
Qulncy 125 00
Bingham .' 35 75
Santa Fe Cop... 2 75
Cal. & Hecla...540 00
Centennial ...... 10 50
Copper Range.. 69 75
Dominion Coal.. 142 50
Franklin Ill 00
Isle Royale IS CO
Mohawk SO 00
Tamarack 175 00
Trimountam ....100 00
Trinity 13 00
United States .. zi w
Utah' 22 50
Victoria 5 00
Winona 2 00
Old Dominion. .. 18 00
"Wolverine ...... 54 00
College Nine Wins.
MOUNT ANGEL., April 28. A ball game
between the Mount Angel College second
team and the Mount Angel regular town
team took place yesterday on the college
grounds. The ecore was 23 to 3 In favor
of the college. Thus far none of the col
lege teams have lost a. game this year,
notwithstanding they have been In con
tests with several crack nines. The col
lege students expect to cross bats with
the Willamette University team May 10,
and on May 24 a game will be played with
the Oregon Agricultural College. A chal
lenge has been sent to the University of
Oregon students, and if the terms are
satisfactory it Is likely that a game will
be planned for an early date.
John Irby Monts.
THE DALLES, Or., April 28. John Irby
Mouts, a well-known young man of this
city, died last night at The Dalles Hos
pital, after a month's Illness, of typhoid
fever. Mr. Mouts was born 22 years ago
in Rocheport. Mo., where his mother still
resides. He came to The Dalles about
four years ago and has since been asso
ciated In business with his uncle, William
I. Marders. Funeral services will be held
tonight under the auspices of the Eagles
Lodge, after which the remains will be
shipped to Rocheport for interment.
Small Catch, of Seals.
VICTORIA. April 2S. Four of the seal
ing schooners have returned to Hesqulot,
and they report speaking the majority of
the sealing fleet of about 30 schooners,
which have been hunting off the coast.
The average catch will not exceed 100, the
lowest on record. The sealing schooner
Fawn, which went ashore on Catalina Is
land in February, has been floated, and
will leave for Victoria today.
Mortal Fall From Wagon.
VANCOUVER, B. C. April IS,. William
Lynch, a rancher of Little Lake Valley,
Cariboo, was accidentally killed last week.
He was thrown from his wagon, a short
distance from home, and had apparently
been Instantly killed.
Martin Anderson, an old-timer from Car
iboo, and a recluse, committed suicide by
blowing the top of his head off with a
gun.
Neir Theater Planned.
SAN FRANCISCO. April 2S Plans have
been prepared for a magnificent theater
to be erected on the corner of Ninth and
Market streets. The theater will be named
after and managed by the well-known
theatrical man, Alfred Bouvler. It will
be built on the lines of the Empire, of
New York, and will be completed by the
first of next year.
Violin Recital at College.
MOUNT ANGEL. April 28. Charles A.
Korten gave a violin recital In tne hall
of Mount Angel College Saturday night.
Mr. Korten Is from Chicago, and his ren
ditions were highly appreciated.
Yonng Man Droirned.
TILLAMOOK. Or., April 28. Fred Stall
cup was drowned at Hadley's logging
camp this afternoon. He had quit work
No cures to report,
of testing, nothing to
dencebut talk, all
I III ... J-.r-.-.mji.ij..iL-m.
truth about nearly all cough medicines.
But there's a record of 60 years of cures
back of Ayer's Cherry Pectoral. And phy
sicians endorse it, prescribe it for colds,
bronchitis, and coughs of all kinds. Prob
ably your own doctor does. Ask ,him. He
knows all about it has the formula.
"1 know from personal experience that Ayer's Cherry Pectoral is the
best medicine in the world for quickly breaking up a heavy cold that has
settled on the lungs." D. C. Snedekesl, Pine 1IUJ, N. Y.
25c. S9c, J1.M. j. c. AVER CO., Lowell. M5.
B
?gag1flA!iJiMXiKiM3llSgt
BRIGETS
DISEASE
Of Long Standing, Said to Be
Incurable, Completely
CURED
In Four Months
BY
WARNER'S SAFE CURE.
Alderman Stublg Gratefully Tells
How This Wonderful Medicine
Cured Him of Brlght's Disease.
"144 Roscoe Boulevard, Chicago, Oct.
19, 1S00. Ge'ntlemen: About two years
ago I had one foot In the grave, as the
saying goes, and life looked pretty black
to me: the doctors called It Brlght's dis
ease. I would give all I had to be cured
but nothing seemed to do- me much good
until a neighbor recommended that I try
Warner's Safe Cure. It was with but lit
tie hope that I tried It, but within two
weeks my general health was Improved
and in four months I was completely
cured. I hardly dared to believe that such
good fortune was mine, but I have not
lost a meal nor had an ache or pain
since. "Words seem but poor to express
my gratitude. Tours truly, H. M. STU
BIG, (Alderman. 27th Ward)."
TEST YOUR URINE. Put some morn
ing urine in a glass or bottle, let it stand
24 hours; If there Is a reddish sediment
in the bottom of the glass, or If the urlna
Is cloudy or milky, or If you see par
ticles or germs floating about In It, your
kidneys are diseased and you should lose
no time, but get a bottle of Warner's Safe
Cure, as It is dangerous to neglect your
kidneys for even one day.
WARNER'S SAFE CURE Is the only
positive cure for all forms of kidney, liver,
bladder and blood diseases, uric acid poi
son, rheumatic gout, diabetes, pain in the
back, scalding and painful passage of
urine, frequent desire to urinate, painful
periods, bearing down and so-called fe
male weakness.
WARNER'S SAFE CURE Is purely
vegetable and contains no harmful drugs;
It does not constipate; It Is now .put up
In two regular sizes, and Is sold by all
druggists, or direct, at 50 CENTS AND
$100 A BOTTLE. Lress than 1 cent a
dose.
Refuse substitutes. There Is none "Just
as good" as Warner's Safe Cure. It has
cured all forms of kidney disease during
the last SO years. It is prescribed by all
doctors and used In the leading hos
pitals as the only absolute cure for all
forms of disease of the kidney, liver,
bladder and blood and so-called female
weakness.
TRIAL BOTTLE FREE.
To convince every sufferer from dis
eases of the kidney, liver, bladder and
blood that Warner's Safe Cure will cure
them a trial bottle will be sent absolute
ly free to any one who will write Warner
Safe Cure Co., Rochester, N. Y.. and
mention having seen this liberal offer In
The Portland Dally Oregonlan. The
genuineness of this offer Is fully guar
anteed by the advertiser. Our doctor will
send medical booklet containing symptoms
and treatment of each disease, and many
convincing testimonials, free to any one
who will write.
FffiSHION IN HAIR
Gtra wonun 1 beautiful brad of b!r. ind halt
tha battle of beauty '$ woo. Thoao beautiful Titian
Unu, rich broor ahades. mellow goM effecti,
wars cbeitaot hues, are produced only by rhe
Imperial Hair Regenerator
The Standard Hair Colcvinr for GrarorBleachrd
,y Hair. Makes tJ hair- aoft and gtofiraSampla
OTyourhan color! fnt. Send lor pamphlet
IoperUl Ctea.Mfc.Cc 135 W. 23d St Hew York
and was going to supper. He tried to
cross a creek on a log, and slipped off and
fell 1j. Floating logs closed over him
and he was unable to get out. He was 2S
years of age, and married Miss Maude
Hadley, daughter of C. B. Hadley, lst
October. He was a member of Star Lod. ,
A. O. U. W.. having joined that order"
about a month ago.
Plumbers Strike Ended.
SPOKANE, April 28. The second plumb
ers strike has been settled, the Carpen
ters' Union again acting as mediator. By
the terms of the settlement, each journey
man will be paid $5 per day, but the Union
will refund to 'the master plumbers 50
cents for each day's work on contracts
taken before March 1.
Released From Custody.
WALLA WALLA, Wash., April 28. On
advices from Anaconda, Mont., that tha
officers are unable to Identify Harry Long,
alias Ed Clark, as the man wanted there
for highway robbery committed five years
ago, Chief Kauffman turned the man
loose. He was arrested at the Washington
Penitentiary Saturday.
Tnllc of Third Tobacco Combine.
NEW YORK, April 2S. There 13 talk
of a third tobacco combination, says a
London dispatch to the Tribune. Sev
eral English manufacturers who have not
attached themselves to either the Imperial
or the American Tobacco Company have
laid In huge stocks of the raw material
In order to preserve their Independence.
In the meantime there Is much specula
tion In the tobacco trade with regard to
the Intentions of the two existing trusts.
The British concern has only secured the
adhesion of 5 per cent of trade, and If the
bonus scheme Is persisted in. 5250,000 will
have to be divided among a small number.
Rumor says, however, that the bonus will
be dropped.
i
The tent in -which the Dowager Empress of
China travels Is made of yellow silk, copiously
embroidered In silver and sold with great
dragons and blazing suna.
no long
give you confi
7h
m
talk. That's the
m
record V s
sj