THJ5 MORNING OREGONIAN. TUESDAY, JULY 1, 1902.
IABILITY OF LESSEE
Purchaser May Collect Refit
After Foreclosure Sale.
NO HATTER IF ALREADY PAID
Supreme Court Interpret Oregon.
Larr Railroad Must Pay Fire
men Injured IUdlrigr on En
gines "Willie Oil Duty.
A railroad fireman, -while off duty,
riding in the caboose of a freight train,
with consent of the conductor, and in
lenorance of rules to the contrarj. is
a passenger, and the company is liable
to an Injury due to negligence in hand
ling the train.
Adverse user of water from a stream
for 10 years git es title by prescription.
A tenant holding under a lease given
subsequent to a mortgage is liable to
the purchaser at foreclosure sale after
date of sale, even If he paid rent in
advance to the mortgagor before sale.
Intending purchasers of real property
need not eearch the records for mort
gages given by strangers to the record
title.
SAL.EM, Or., Juno 30. Tho Supreme
Court today handed down decisions affirm
ing three former decisions and reversing
one. The decisions follow:
G. D. Simmons, respondent, vs. Oregon
Railroad & Navigation Company, appell
ants, from Umatilla County; "W. R. Kills,
judge; affirmed. Opinion by Chief Jus
tice Bean.
This was an action to recover damages
lor personal Injuries suffered by the plain
tiff through the negligence of the operat
ors of a train upon which he was riding.
Plaintiff was a lire man In the employ of
defendant, and while off duty was riding
in the cabooee of a freight train, return
ing from a -visit to the company's physi
cian. He had no paw ana had ridden
that way before, though the rules, un
known to him, forbade it. He was in
jured as a result of a collision caused by
the negligence of the trainmen. The
question presented before the Supreme
Court was whether the conductor of the
freight train bad apparent authority to
accept Simmons as a passenger and to
create the relationship of pasaenger and
carrier between "him and defendant; and,
if so, whether he Is to be regarded as a
passenger or an employe at the time of
the injury. It is held that:
"The fact that the plaintiff was being
carried gratuitously Is Immaterial, if the
company accepted him as a passenger,
and expressly or impliedly agreed to
transport him as such.
"Where freight and passenger business
are not entirely separated, one who, with
out knowledge of the company's regula
tions to the contrary, gets In a car at
tached to a freight train, designed and
prepared for carrying passengers, and Is
allowed by the conductor to ride therein,
is to be regarded as a passenger and en
titled to recover for an injury received
through the company's negligence, even
thougn the conductor may have "been pro
hibited by the rules of the company from
carrying passengers on that particular
train.
"The company assumed to carry such
passengers as complied with its rules on
certain of its freight trains. It was the
duty of the conductors of Its trains to
enforce these rules. For that purpose
they stood In the place and as the repre
sentative of the company, and by their
acts the company Is bound."
Jt is also held that plaintiff was not
tra cling as an employe, but as a pas
senger. Oregon Land & Construction Company,
respondent, vs. Allen Ditch Company, ap
pellant, from Umatilla County; W. It.
Ellis, judge; reversed. Opinion by Jus
tice "Wolverton.
The plaintiff, being the owner of 1520
acres of land, through Which the Umatilla
River, a non-navigable stream, flows,
sought to enjoin the defendant from di
verting any of the water thereof In dis
regard of Its riparian right. The defend
ant's title is based upon a prescriptive
right, that is, diversion and .user for a
period of more than 10 years last past, and
that constitutes the principal question in
the case. The defendant does not claim
to be the owner of the water or to have
any right to use it, but that it Is a man
aging concern for its better control and
distribution among the individuals having
an interest in the company. They are:
Moses Trlbble, Fred Andrews, M. T. Al
len,' Elvira Teel, B. F. McOuIlongh, C. J.
"Ward, B. F. Raley, Henry Baumgartner,
John Boyce, W. H. Babb, Twig Teel and
J, H. Leasure. The decision of the lower
court was against the defendants.
The Supreme Court lays down the fol
lowing rules of law regarding the acquire
ment of the right to use of water by pre
scription: "The plaintiff's riparian right to have
the water. fto,w in the stream undiminished
in quantity; -except by the reasonable use
ttjereof by riparian proprietors, is ap
purtenant to the land running with It as
a corporeal hereditament. . . .
"Plaintiff's riparian rights have been ln
vaddd by the diversion, by defendant. . ..
. To render the enjoyment of an ease
ment exclusive evidence of right, It must
have been continued uninterrupted or
pacific and adverse; that is. under a claim
of right, with the implied acquiescence
of the pwner. . . . The adverse hold
ing of Jand and of an easement consti
tuting Ihe use of water are exactly par
allel, S3 far .as the similarity of the prop
erty win admit of It. . . . Literally,
there can be no occupancy of water.
There may be a use of it. Three elements
must exist an intent to apply the same
to some "beneficial use, diversion and an
actual application within a reasonable
time to some Useful Industry."
Upon a review of the testimony, the
Supreme Court holds that the defendant
lias used adversely for 10 years an amount
of wator that will flow through an aper
ture seven and a half feet by 12 Inches,
under a six-Inch pressure. The defendant
Is allowed -to continue the use of that
amount, btit enjoined from using any
more.
Edmond D. LeClare, respondent, vs N.
H. Thlbault and Marie X. Thlbault, ap
pellants, from Baker County; Robert
Eakin. judge; affirmed. Opinion by Jus
tice Mooie. i
TWs.was a suit to foreclose a mortgage.
The defenses were, first, that the note and
mortgage were given In plaintiff's name in
trust for the Empire Mining Company,
which owned the land purchased and upon
which the mortgage wae given, and that
the money had "been paid to the company;
ahd, second, that plaintiff falsely repre
sented that he owned a one-fourth Inter
est in the mine, and the defendant, rely
ing therepn, was inducrd to purchase
said interert'for $2300. and giving the note
and mortgage mentioned, that defendant
sent plaintiff various sums of money to
operate the mines, the amounts of which
he could not remember, that plaintiff con,
verted tnese sums to his own use, and
tnat lie is inso.vent. An accounting was
demanded in the answer. A demurrer to
the anrwer was sustained In the lower
court, and in upholding this ruling the
Supreme Court says that the first state
ment of defense was defective, in that it
did not allege that the Empire Mining
Company was a corporation or partner
ship authorized to receive money or capa
ble of discharging the defendant from lia
bility. The second defense, a counter
claim for money advanced. Is held de
fective, for the reason that It is not
shown to have arisen out of the contract
set forth in the complaint, which was
upon a note and mortgage. Other fatal
defects are also found in the answer, and
the lower court is sustained.
United States Mortgage & Trust Com
pany, respondent, vs. P. L. Willis, appel
lant, from Multnomah County; A. L. Fra
zer. Judge; reversed. Opinion by Chief
Justice Bean.
This was an action by the purchaser of
real estate at a judicial sale against a
tenant In possession under an unexpired
lease, to recover rent, or the value of the
use and occupation of the premises from
the day of sale. The defense was that de
fendant had paid the rent in advance,
prior to the sale. The lower court gave
judgment for plaintiff for the amount de
manded, $20 32 and costs and disburse
ments. The Supreme Court says that since the
lease was made subsequent to the mort
gage, the tenant took possession subject
to the rights of tho mortgagee. When
he paid the rent in advance he knew that
the mortgagee would be entitle to the
rent after date of sale. He cannot, there
fore, set up payment In advance as a de
fense. But, as the amount sued for was
less than J50, the judgment is reversed as
to costs and disbursements, and the caeo
Is remanded with Instructions to enter
Judgment for only ?20 23, with costs and
disbursements awarded to defendant.
M. S. Crossen, respondent, vs. EL .W.
Oliver, appellant, from Union County;
Robert Eakin, Judge; affirmed. Opinion
by Justice Wolverton.
This was -an action for the recovery of
real property, and plaintiff having pre
vailed, defendant appealed, alleging sev
eral errors Jn the court below. In affirm
ing the lower courts decision, tho Su
preme Court says, among other things:
"It Is not good practice to single out
the testimony of one witness, or to point
to a single Item of testimony, and instruct
the Jury that it is not sufficient to war
rant a verdict, when there Is other evi
dence In the caee which could rightfully
be considered in the same relation." This
the counsel for defense had asked the
court to do, but the request was refused.
"An attorney, In presenting his case to
the jury, la accorded a large degree of
freedom, and is entitled to draw from
the testimony adduced all legitimate In
ferences of which It is susceptible, and
to employ euch illustration and demon
stration as to him may seem best suited
to direct the attention of the jury to the
point Intended for emphasis."
Advance Thresher Company, appellant,
vs. Addle C. Esteb and I C. Esteb, re
spondents, from Union County; Robert
Eakin, Judge; affirmed. Opinion by Jus
tice Moo re.
This was a suit to recover possession of
real property. The essontlal points of law
decided arc as follows:
"An Intending purchaser of real prop
erty being under no obligation to exam
ine the public records to ascertain the
existence of mortgages given by a 3trang
er to the title, he Is not required to search
the taxrolls of the county, to see If the
property which he contemplates buying
may not have been assessed to some one
other than a grantee in the regular chain
of title."
It Is held that such a purchaser has not
constructive notice of litigation to which
the owners of record are not parties, and
that the fact that the purchasor took by
bargain and sale deed doss not prevent her
from becoming a bona fide holder of the
legal title.
Orpha Cutting vs. Fred Scherzlnger. re
hearing denied, hut decree modified so as
to allow Cutting credit for $462.
State vs. John Hall, dismissed.
Moore vs. Shofner, motion to retax costs
overruled.
McHargue vs. Hi A. Ball. School Super
intendent, Washington County, dismissed
and judgment against defcndanUaffirmcd.
New Zealand Insurance Company vs.
Smith, dismissed.
FERRELIi BACK FROM CHASE.
Sa? s Convicts Entered Hotme "Within
1100 Yards of Bloodhounds.
SALEM. Or., June 30. Charles Ferrell.
brother of Frank Ferrell, the penitentiary
guard murdered by Convicts Tracy and
Merrell, returned tonight from Tenlno,
Wash., where tho posse is hunting for the
fugitives. He will look after some urgent
business matters and return to the hunt
tomorrow evening. He says the last heard
of the fugitives was at Bucoda, where they
entered a house and asked for food within
100 yards of a number of members of the
posse and within 200 yards of Guard Carson
and his dogs. He believes- the convicts will
soon be caught, for the reason that they
are now In more open country, where they
cannot hide in brush. Guards have been
stationed at all places where tho convicts
may pass on their way to Tacoma, and
the men who are now taking part In-Hhe
hunt seem more determined than many of
those who have been In the posses here
tofore. During most of the time -ajtei
leaving Vancouver, Ferrell says, the wo-k
of guarding was left to Guard Carson, Cap
tain Lyon, Sklpton and himself, the men
who gathered around In the day time
going off duty at night- Ferrell has lost
heavily In flesh, and shows the effects of
loss of sleep. From the course the con
victs have taken, he judges that the pur
suers have traveled Ave miles to the con
victs' one.
Ferrell says that Carson's dogs are pretty
much played out with the continued work,
and not much more can be expected from
them, but he is in hopes that the two
dogs brought to Tenlno this mornlnc bv
Game Warden Maxey. of Ellensburg. will
prove helpful.
NO XEED FOR TROOPS.
Governor Hunt Investlgmtcs Indlnn
Attacks at Fort HaU.
BOISE, Idaho, June SO. Governor Hunt
this .morning received, a dispatch from
Sheriff Rice, of Bannock County, suggest
ing that In view of attacks made by rov
ing bands of Indians on the white men on
the ceded portion of Fort Hall Reserva
tion, the Government should be appealed
to to send troops to clear the red men off.
The Governor is in communication with
other people in that county on the sub
ject. He also wired Agent Caldwell, and
received a reply to the effect that there
was no trouble such as would warrant a
call for troops. As a precautionary meas
ure, however, the Governor has notified
General Randall, commander of this de
partment, that It might be necessary to
Issue such a call.
State Land Office Jnnc Receipts.
SxVLEM. June 30. The receipts of the
State Land Department for the month of
June Vera as follows:
Common school fund principal,
payments on certificates and
cash sales of school land $2S,G19 67
Common school fund principal,
payments on ales of land ac
quired by deed or foreclosure.. 1,23015
Common school fund principal,
sales, of tldeland 70 4S
Common school fund interest,
paments on certificates 3,320 74
Common school fund interest,
rents and payments on cales of
lands acquired by deed or fore
closure 1,413 33
University fund Interest, rents
and payments on sales of lands
acquired by deed or foreclosure.. IS) 00
Agricultural College fund princi
pal, payments on certificates and
cash sales of school land 402 37
Agricultural College fund Inter
est, payments on certificates.... 33 88
Total $35.240 84
Elected Goddess of Liberty.
VANCOUVER, Wash.. June 30. Miss
firnee Rand won the Goddess of Lihertv
I contest tonight by a plurality of 600 vote:
The contest nattcd the Fourth of July
committee about '5200 The leading candi
dates were: Miss Grace Rand, ISSl votca;
Miss Ida WiHoughby. 12W; Miss Belle.
Harrison. 27L
CONVICTS ARE SEEN AGAIN
TRACY AJfD MERRILL STILIi HEAD
ED FOR PUGET SOUXD.
Carson and His Bloodhounds Glre
Up- the Chase Dogm Coming
From Idaho.
OLYMFIA, June CO. Two heavily armed
men answering the description of Tracy
end Merrill, the escaped Oregon convicts,
were seen this Afternoon on Mound Prai
rie, between this city and Bucoda. and the
natural outlet from that vicinity lo toward
Olympla. The posse that was near Tenlno
and Bucoda all day moved to the south
west qf Olympla tonight, and Is guarding
the roads. Deputy Warden Careon, of
Walla Walla, gave up the chase today.
COUNTRY TRAVERSED BY CONVICTS TRACY AND
MERRILL SINCE LEAVING PORTDAND.
Tenino
WlNUOCK
6
L
and returned with his two "hounds to the
Walla Walla penitentiary. The dogs have
worked poorly for several days, and Car
son says they need rest. Hounds from
Wardncr, Idaho, are expected tomorrow.
The posse in pursuit of the convicts is
small, Thurston County people, outsldo
of the Sheriff and a few others, not seem
ing inclined to join In the hunt.
LEWIS COUXTV POSSE CONFIDENT.
Believes; Men Will Be Taken Before
RenchinfiT Pugct Sound.
CHEHALIS, Wash.. June a There
were no new development in the chase
for Convicts Merrill and Tracy at Bucoda
cr Tenlno today. The roads between Btir
coda and Tenlno and several points south
of Tenlno were guarded all night, but
none of the guards detected anything
wrong, and the exa,ct whereabouts of the
two criminals arc at present unknown.
The mtn who are following them so per
s'stently. however, have a supreme faith
that the criminals will he captured before
they reach Pugct Sound.
Guard Carson started this morning ior
Walla Walla with his bloodhounds,
but Thomas Maxey. of Ellensburg,
has taken the place of Mr. Car
son with his two houndi. which are
fresh. There is a determined body of
men camping on the trail of the convicts,
including Sheriff Mills, of Thurston Coun
ty; R. K. Adams and Harry Williams, of
tho Cocur d'AIene region; a Tacoma de
tective. Indian Jake and Johnny MpClel
lan, of Olympla. Charles Ferrell. the
brother of one of tho murdered guards at
Salem, left today fof Salem, but will re
join the posse tomorrow night. Sheriff
Hartman, of Pierce County, In also lend
ing some aid. All of the people of Thurs
ton and Southern Pierce Counties are be
ing notified of the presence of the crlml
na"s. and urerd to furnish the newa
promptly when they show themselves to
buy or steal provisions.
Pierce Connty Men Join Po-ne.
TACOMA, Wash., June SO. Deputy Sher
iff J. C. F. Johnson and a party of four
men left Tacoma early this morning and
went to Rainier. 30 miles south of Ta
coma. to co-operate with the- officers' of
the neighboring counties In the hunt Tor
th Oroa-nn conwets. Tracv and Merrill.
ii :
it x
.! 1 S
jj&ENTRALlA
I ' ' '
iCHEHALlS
S JST yPyS'
Johnson made a record in the hunt last
Winter for the men who broke out of the
Federal prison on McNeil Island.
OFFICERS HARD PRESS THIEVES.
One of Mea 'Who Stole Team Escapes I
by Swimming; a River.
BAKER CITY. June 30. The two horse
thieves who stole a buggy at Wlngvllle
and a team of horses from the O. R. &. X.
contractors near TJurkee, Friday night,
were pursued so closely by the officers
yesterday that they abandoned the buggy
near Rye Valley." One of the thieves
escaped Into the hills, but the other rode
on with the horses to Snako River, where
he left the horses, and took to the brush,"
The officers surrounded him on three
sides with the river on the fourth. They
felt sure of their man, because they dld
not think ho would be brave enough to"
try to swim the river, but in this they
were mistaken. He made aidrsh for the
river, plunged in. and attempted to swim
to -an Island In the center, but the current
was too strong. He was carried past the
.
y
island and was obliged to swim to the
opposite shore, which he ucceeded In do
ing. He was observed crawling up the
opposite bank Into the timber.
GEER. WILL NOT INTERFERE.
Murderer Schlcvc Mnst Pay Pennlty
for His Crime.
SALEM, June 30. James A. Ray and
about 50 other citizens of Columbia Coun
ty today -presented to Governor Gcer a
petition asking him to commute the
sentence of August Schlevo to life impris
onment. Schleve is under i"ntcnce of
death for the murder of Joaeph Shlel
kowskl and the date of his execution
has been set or July 2. The petitioners
say the evidence was wholly circumstan
tial and that there Is a possibility of hln
lnnocence. The petition is accompanied
by a statement from Sheriff Hattan, of
Columbia County, in which he says he
believes Schleve is guilty, yet. knowing
the evidence, ho feels there is a possi
bility of his innocence, and he would
rather see him sent to the penitentiary
for life than to sec him "hang.
Governor Geer said In answqr to an,
Inquiry tonight that he would take no
action on the Schleve petition, and that
he would -not interfere with the execu
tion of Schleve unless some very unusual
showing should be made In his behalf. k
WAST GATES PARDOXED.
Move In TJehnlf of the Convict Who
Forged H. W. Corhett'a Xnrce.
SALEM. June 30. A petition was filed
in the office of Governor Geer today ask
ing for the pardon of John H. Gates, who
I serving a term In the penitentiary for
forging tho name of H. W. Corbett to
a check at Eugene about a year ago.
Gates Is the St3e House janitor who
figured In a sensational transaction dur
ing the Legislative session of 1001, vhen
he made a hasty trip to Albany with
51500 obtained from an unknown source.
It H represented In his behalf that he
was a good clfren prior to the com
mission of the offense for which he was
convicted and that he will be a good
citizen again if pardoned. The petition
1 s'gned by about 130 of Marlon. County's
leading citizens.
BEGIN DRILLING KIR COAL
NEW YORK CAPITALISTS "WILL DE
VELOP SALEM-PROSPECT.
Confident of Finding Good Mer
chantable Quality ot Feel In
dications Highly Favorable.
SALEM. Or., June 30. A company of
New York capitalists today began drilling
on the Blair Forward farm, iff the Waldo
Hills, east of Salem, to ascertain whether
coal exists there of quality and quantity
to make mining profitable. In 1SS0 pieces
of coal were found In a creek on the
farm, and upon search the outcropping of
a stratum of coal was found on a hill
side. The vein of coal and slate six feet
thick was followed into the hillside 100
feet. The men now at work have drilled
30 feet through sandstone, and from tho
nature, of the sandstone formation are led
to believe that the. prospects are good for
finding coal of merchantable quality. The
coal found in the tunnel made fire suf
ficiently hot to weld a bar of iron an
inch thick, and poked well. It Is believed
coal found at greater depth will be of still
utter quality. The Diamond Drill Con
tracting Company, of Spokane, has the
contract to drill 100 to 1CO0 feet, according
to what may be found.
RICH STRIKE IX MALHEUR.
Fine Ore Struck In Oregon Ro;rlon
Fnmons in Early Days.
WEISER, Ida., June 30. A rich discov
ery has "been made on the properties of
tho Sunset Mining Company, on the Mal
heur River, In Malheur County, Or. Veins
three feet wide of freo milling ore that
assays 525 to 2C0 per ton have been struck
In two claims belonging to the company.
Jack Enor, one of the owners, arrived In
town last evening,, bringing with him a
number of samples of the ore showing
free gold over Its surface. The claims are
located In the .one-tlme famous Malheur
River placer district. They are owned by
residents of Weiser. Considerable work
has been (done on them, and work will bo
commenced at once.
Just Out From Thunder Mountain.
WEISER, Ida., June 30. Dan Cotter, one
of the pioneers of the Thunder Mountain
district, arrived In town this afternoon,
five days from the camp. Mr. Cotter says
the Dewey mill la ready to etnrt upv Min
ers who have made locations are now de
veloping their clalmst and he looks for
some sensational developments In a short
time. Ho brought with him samples of
ore literally covered with gold. He came
out to procure sufficient supplies to last
him durlrfg the Winter, which season he
will put in developing his claima. He re
ports wagons going through from Mead
ows to Warren, and that dally stages
will be running between those points in a
few days.
Orcson Mining Stock: Exchange.
PORTLAND, June 30.
Today's quotations were:
Bid. Afiked.
Alaska M. tc M 11
Bronze Monarch .. "HVt
Caribou S
Costal Consolidated 10j$ SO
Chicago M
Cascade Calumet ,. 4
Gold Hill &. Bohemia 10
Huronlan - 3
Lost Horse 25
Oregon-Colorado M. M. & V KO
Sumpter Consolidated 4
Swodcu Copper (Qtd ) , 00
AVInnlpcs (Ltd.) 10
Vesuvius 25
-ySPOKANE. Jan SO. The closing" Quotations
for mlnlnjj atocVa today were:
Bfti. Ask.l Bid. Ask.
Amcr. Bor -. 0 7HiRamb. Car ...SO 81
Rlacktall ... 11 12U.niDUblIe
s
7
1
8
1GS
22U
11
7
loii
Butte & Bos . 1 3 iRescrvatlon .. Vi
Beer Trail ... 1 2 Sultln ..... 1
Gold Ledee .. 114 4 Tom Thumb ..15
L. P. Surp... Z 8 Ban Poll 2u
Mtn. Lion ...21 22tf Trade Dollar.. 0
Morn. Glory.. 2 asiFl-hermalden.. G",4
Prtn. Maud 2fc(Ben Hur 0
Qullp 304 31
SAN FRAXCISCO. June 30. Official closing
quotations for mining stocks:
Alts. $0 OCjMexlcan $0 40
Andes
OiOccIdental Con ... 13
Belcher
Beat & Belcher...
Bullion
Caledonia
Challenge Con ...
Chollar
Confidence
Con. Cal. & Va...
Crow n Point ....
Gould & Curry...
Hale & Norcros-.
lliOphlr '. 1 w
2iiOverznan 23
2,Potosl 18
&j,Saage 7
LEeg. Belcher 3
3 Sierra Jeada ... 2S
52SUer Hill 4
1 5 Union Con 21
3,-Jtah Con B
GJYellow Jacket .... 13
SS,
NEW YORK. June 30. Mining stocks today
closed 'fes follows:
Adams Con ?0 20LIttle Chief 0 11
Alice 40OntarIo 1 8T
Breece 30Ophlr 1 20
Brunswick Con .. 5jI'hoer.lx 8
Cotnstock Tunnel. OiPotosI 15
Con. Cal. & Va. . 1 25 Savaae 5
Ucadwcod Terra.. 1 oujSIcrra Nevada ... -2
Ho"rn Slher 1 25 Small Hopes 43
L:on Silver TOiStandard 3 00
Leadrillo Con ... 5
BOSTON, June 30. Closing quotations:
Adventure ...$ 23 OOiOsctola $ 50 60
Allouez
2 7ri.Parrott
ar oo
Amalgamated . W 12(Qulncy 10 00
Cal. Hecla.. 680 0,Tamarack ITS 00
Centennial 18 OOiTrlmouauiln ... 05 Oil
Copter Range . ,"! OOiTrlnity 11 o
Dominion Coal. 130 25iUnlted States ... 10 2
Franklin 101 MIITtah '. 20 00
Isle Royal .... 12 -MVlnona
Mohawk 42 OO.WoKerlnes .... 54 w
Old Dominion . 10 50Daly West 48 J
Asked.
FISH nUX STILL IMPROVING.
Proportion of Large Fish on the Co
lnxnbln I Increasing.
ASTORIA, June sa The run of fish has
shown another Improvement In the last
few days, and the proportion of large fish
Is Increasing. The up-river seiners are
doing well where the grounds are In con
dition. Kaboth, who has just begun op
erations, got COO pounds on the first haul
with an entirely green crew. A spit Is
said to have formed across the Jim Crow
sands, making them difficult to work, and
Taylor's grounds are nbw very rough.
The seines in the lower rver are making
good hauls. At Warren's cold-storage
plant 15 casks were put up this morning,
nnd the company Is contemplating putting
on a night crew.
HATCIIEnY TOR COCiUILLE.
Fi-ih Warden VanDuacn Will Estab
lish One TMs Fall.
ASTORIA, June 30. Fiah Warden Van
Dusen has returned from a trip to the
Coquille River, where he went In search
of a hatchery site. He found a suitable
location on the south fork of the river,
and it will be tested this Fall. 'but the
work Is very difficult and uncertain there,
as the fish do not run until October and
November, while a fre-hct Is in the river. .
Mr. VanDusen found that the principal
fish In the CoquIKc were sllversldes and
steelhcads. although the chlnooks come In
small numbers earlier In the season, and I
after the hatchery Is established an effort
will be made to propagate them. He also J
visited the hatchery on Coos River and j
found it In good condition.
MIXER ntiTlXBD TO DEATH.
Robberst Believed to Have Been the
Cau-ie of His Ending-.
BONANZA. Or.. June 20. John Brumer,
a miner, aged 47 years, was burned to
death here early yesterday morning, un
der circumstance which point to murder
and robbery. He lived in a tent, and Is
believed to have had considerable money I
about his person. Early yesterday morn- I
lnp a young lady discovered that his tent
was en fire. She gave the alarm, but the
flames had made such progress when the
rescuers arrived that they could not en
ter. When the fire had consumed the tent,
the charred remains of Brumer were
found. Thc'uprcr part of the skull was
burned away, and the lower part of the
bodj wao partly consumed. The body
RUTCH-B0UND
The crutch is a uoor substitute Tor lees, and affords a very
L
IV
inconvenient and tiresome mode
pathetic sight than a person slowly and painfully moving along the
street supported by these artificial limbs.
"When Rheumatism settles in the bones and muscles of the legs.
it is safe to predict that the victim will eventually become helpless
and crutch-bound. The corrosive, irritating matter that is deposited
in the joints and muscles causes- the most intense pain, the knees
-and ankles swell, and when the natural oils and fluids that lubricate
these parts are completely destroyed the joints become locked and
the muscles drawn and stiff, and crutches a necessity.
The acid poisons that produce rheumatic pains form in the blood, and are
distributed through the system, and lodged in the arms, shoulders, hands,
back and feet, or other parts of the body resulting often in total disability.
A permanent cure of Rheumatism can be effected only by a complete cleans
ing of the blood, and no other remedy so surely accomplishes this as S. S. S.
It neutralizes the acid effects, purifies and invigorates the stagnant blood,
and the gritty particles are washed out or dislodged
by the new rich blood, and relief comes to the
pain-racked sufferer. S. S. S. leaves no morbid,
irritating matter in the blood to reunite and produce
another attack, but expels every atom of it from
the system. S. S. S. is a purely vegetable remedy, and does not impair
the digestion or general health like alkali or potash remedies.
Write for our special free book on Rheumatism, and if any medical
advice or other information is wanted, cur physicians will gladly furnish
it without charge. THE SWIFT SPECIFIC CO., ATLANTA, 6A.
was identified by means of h's watch and
other nrtlcles found. The Coroner held an
inquest, but there were no means of deter
mining whether Brumer had been mur
dered. The deceased leaves four children
Two little daughters are at the Sisters'
school in Baker City.
DR. A. H. STEELE DEAD.
TVell-Knovrn Pioneer Physician
of
Oregon and Washington.
OLYMPIA, June 3a Dr, Alden Hatch
Steele, a pioneer, died at his residence j
today, of locomotor ataxia, from which
he suffered for 12 years. Dr. Steele was
born at Oswego N. T.. February 10, 1S23.
In March, 1S43. lib started for Oregon with
a stage company. He settled at Oregon
City, where he practiced his profession
for 14 yearo. Id 1E63, he moved to Olym
pla. where he had since resided. For 15
years. Dr. Steele was examining surgeon
for pensions for both the Army and the
Navy. He was appointed by Governor
Ferry regent of the territorial university
for two terms, from 1S75 to 1SS0. In 1834.
Dr. Steele was married to Miss Hannah,
survives him. Two children were the re
sult of this union, .only one of whom,
Mro. R. G. O'Brien, of Olynipla, Is living.
In 12. Dr Steele administered chloro
form In amputating a limb at the thigh,
which was the first time it was used north
of San Francisco. -
Prominent, Vancoaver Man.
VANCOUVER, Wa-b.. June 3a C. "W.
Blaveit, a prominent Vancouver citizen,
died, this morning of Bright's disease. De
ceased was 46 years of age, and had been
a resident of this city for IS years. Since
his residence In Vancouver he had- been i
employed as chief clerk In the medical
director's office. Department of the Co
lumbia. He is survived by a wife. Fu
neral services' will bi held "Wednesday
morning at 9:C0 o'clock, from St. James'
Cathedral.
SCRAMBLE FOR DEPUTYSHIPS.
New Collector nt Antorla Is
Be.
sieged by Aspirants.
ASTORIA. Or.. June 3a Since the nomi
nation of Walter L. Robb as Collector of
Customs for this port, speculation has
been revived as to who would bo his depu
ties. F. L. Parker, the present incumbent.
Is the only one mentioned for first deputy,
and ho will undoubtedly be named. The
second deputyship, however, is still un
settled. Arthur C. Callan was slated for
the position, but he withdrew, and it was
understood that John C. McCuo would be
named, but today It Is learned that Clark
W. Carnahan the present County Assessor
and Representative-elect, vyli be a candi
date for the place at the close of the
coming session of the Legislature, and
that sufficient influence has been brought
to have the present deputy. Duncan Mc
Lean, retained until that time.
PLUMBERS WILL STRIKE TODAY.
Flrwt Labor Tronble in Astoria in
Yenrs Higher Wnses Wanted.
ASTORIA, Or.. June 30. A labor strike
will be inaugurated in Astoria tomorrow,
the first In the city for several years.
About three weeks ago the Plumbers'
Union, comprising the plumbers and help
ers, notified the employers that beginning
July 1 they would demand an eight-hour
day and an Increase of 50 cents per day in
wages. The present wage scale Is $3 per
day for plumbers and about 52 for helpers,
on the bash of nine houra The Master
Plumbers' Association refused to grant the
demands, and an officer of the union stated
today that nol a plumber or helper In the
city would be at work tomorrow or until
the demand had been acceded to.
Conrt Decides for Stockholders.
SALEM. Or.. June 3a Circuit Judge
Boise rendered a decision today In the
case of D. B. Steeves ahd Charles Clag
gett vs. Eugene Willis et al. In favor of
tho plaintiffs. Steeves and Claggett were
stockholders In the corporation known as
Willis Broa, and alleged that when the af
fairs of the company were closed all the
assets were not distributed. Boise held
that $6120 remains in the hands of Eugene
Willis to be distributed among the stock
holders. Mail for Thunder Mountain.
BOISE. Idaho, June SO. The first United
States mah for Thunder Mountain left
Idaho City today. The contractor had
700 pounds to carry. The mall goes from
Boise to Idaho City, 25 miles, on an old
contract, and Is there picked up by the
Thunder Mountain contractor.
New Officials Announce Depntlc.
OREGON CITY, June SO. Sheriff-elect
John R. Shaver, Treasurer-elect Enos Ca
Mll, Clerk-elect F. A- Sleight and Recorder-elect
Henry E, Stevens have ar
rived 'n thw? city, and axe getting ready
to take possession of the offices to wnicn
they were elected at the last election. All
of the "newly elected county officers, ex-
Laces
I prefer PEARL
INE to other soap
powders. I like
PEARLINE for
washing lace collars
and embroidered and
lace doilies, which I
do, myself, at home,
not trusting them to
the washerwoman.
Mrs. Rev. J. L.
One of the Millions.
77
A Wise Woman
Pt iff nd pr--rr bet beutr. A Ana
fend of ttair It c-c ef thiMche-t charms.
Imperial Hair Regenerator
-Mtw-M Gnr or Bleachet hir to any
ta.rarul color or jiaaiio It -. cl-", dnr
hlp. and 0"T API'TJOATtON WIT.,
i.A'vr yo n moyttci p-mpie of b-ir
colored free. Send tor rr-oblet.
.XrERUl ULi.CAl Hf fi ., 13514. Z3i St.Atw Yui. I
of locomotion there is no more
cept Assessor-elect Xelson. will take
charge next Monday morning. E. C.
Hack;tt. of Stone, will be chief deputy
In the Sheriff's office, and Chauncey E.
Ramsby will be Deputy Recorder. Clerk
elect Sleight will announce the appoint
ment of his chief deputy tomorrow.
Federal Ofllcern Dismissed.
BOISE; Idaho, June 30. United States
Marshal Frank C Ramsey has been sum
marily dismissed from office. The rea
son for it Is not known here. There are
rumors of a shortage, but the Marshal
denies that there Is any discrepancy ex
cepting a very trifling amount arising
from tho holding of some small claims.
Judge Beatty will tbmorrow appoint a
man to serve temporarily.
Steamer From. Sl-aKvray.
PORT TOWNSEND, Wash., June 30.
The steamer City of Topeka arrived this
evening from Skagway, en route to Se
attle. She has OS passengers, mostly from
Dawson. It is estimated she had 52CO.00Q
on board.
pooyi
tll Mavama Filler J
" FL0R0D0RA " BANDS an
of same value as tags from
" star," " horse shoe,"
spearhead:'"standard navt:
old peach & honey."
"saw log." 'ole-yarciny't
ir"MA5lEti WUKHMAW iGCQCCO.
Dliittn'ruttihcd everywhere for
Delicacy nt Flavour.
Superior iucllty. nnl
Highly Nutritive Properties.
GRATEFUL COMFORTING
9
THE MOST NUTRITIOUS
COCOA
BREAKFAST SUPPER.
Sold only In linlf-ponnd tins,
Ianeled JAMES CPPS & CO.. Ltd..
llomoepnthlc Clieml.nts.
ILondon. Cnlnnd.
Ascnta, SHERWOOD & SHERWOOD,
Sen Francisco.
au'aaMajjHmta'aajd'iB. '"W w i'ifc.
lorai
fillii MtPk igfitk
Jh&tV&2 Jafflfffiffi'Vl WVVVVKl
illlili llliill fSk
wBSfif vvu9' t59v
W TORHAHD Iff
S yAAT METAL WK5 II
iTa Tel ep 1 o n e C1 n y no' 4j
EPPS