Morning Oregonian., August 12, 1902, Page 4, Image 4

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THE MORNING OREGONIAN. TUESDAY, AUGUST 12, 190!:.
AGREEMENT BINDING
Rights of Shippers as Defined
by Supreme Court.
CLAIMS AGAINST AN ESTAtE
Aecd Xot Be Stated With Particular
ity Required in Plendlne Xo Re
lief for Peroa Who Delay
Salt for Money Due Them.
A claim against an estate need not
state the facta with the particularity
required in pleading. In an action on
a disallowed claim. It Is sufllcient If It
be shown that the claims are Identical.
"Where a contract provides for the
payment of $800 In building material,
no Interest accrues until the obligation
has been reduced to Judgment.
A shipper is, bound by his agreement
that property shipped is of a specified
value, and cannot disregard the agree
ment and bring action for damages at
common law. '
A court of equity will not interfere to
give relief to a person who has de
layed suit until It Is doubtful whether
adverse parties can command necessary
evidence.
SALEM, Augr. 1L (Special.) The Su
preme Court today-handed down six de
cisions on appeal cases, four of -which
were afllrmed and two reversed.
W. JL Goltera, executor of the estate
of Hugh Fields, deceased, appellant, vs.
Jane Penland, executrix of estate of
William Penland. deceased, respondent,
Irom Morrow County, W. R. Ellis, Judge,
reversed; opinion by Justice) Bean.
This is an action originally brought by
Hugh Fields against the executrix of the
estate of "William Penland, deceased, to
recover $10,306, the value of certain sheep
alleged to have been converted by Pen
land to his own use. After Penland's
death. Fields presented to the executrix
n claim against the estate for the value
of the sheep In question. The claim hav
ing been disallowed, this suit was
brought. At the trial in the lower court
the deposition of Fields, taken by order
of the court shortly before his death, was
introduced In evidence, and other testi
mony was given by plaintiffs witnesses.
At the close of the testimony, the court,
upon motion of defendant, struck out all
the evidence as to the value of the sheep,
except that of Fields, and directed a ver
dict in favor of defendant, on the ground
that the evidence was insufficient under
the statute. Plaintiff appealed.
The lower court held that there was a
fatal variance between the plaintiffs
claim as presented to the executrix and
his cause of action set forth in the com
plaint. For this reason the verdict for
defendant was ordered. In overruling
this decision, the Supreme Court says:
"The statute neither provides nor re
quires any particular form for a claim
against the estate of a deceased person.
It Is sufficient If the claim as presented
shows a subsisting liability In favor of
the claimant and against the estate and
Is verified in accordance with the stat
utory requirements. The facts constitut
ing the claim will not be set out with
the particularity required In pleading,
and, If the claim Is rejected and an action
is brought thereon, it is sufficient If It
appears that It Is founded on the same
claim or demand as that presented to the
executor."
It Is also held that there was evidence
other than that of Fields regarding the
conversion, and sufficient proof of the
alue of the sheep.
Edward Poppleton, respondent, vs. G.
"W. Jones and F. G. Adams, appellants,
from Yamhill County, George H. Burnett,
Judge, affirmed; opinion by Chief Justice
Moore.
This was an action to recover money
upon a contract "to deliver building ma
terial of the value of S00" by March 31,
1S92. Building material of the value of
$223 G3 was delivered, and the action was
for the money, with interest, at the
legal rate after March 31, 1S92. The prin
cipal question on appeal was whether in
terest is due on this kind of a contract
after maturity. The statute in force at
that time provided that the rate of in
terest In this state shall be S per cent
per annum, and no more, on all moneys
after the same became due. The con
tention of plaintiff was that, although
the agreement was to pay in building
material on or before March 31. 1892. after
the expiration of that period the debt was
payable in money, and, this being so, It
bore interest at the legal rate. The Su
preme Court holds that "as our statute
only provides for the payment of interest
upon 'money' after it becomes due, the
damages sought to be recovered were not
liquidated so as to become 'money' till
the Judgment was rendered, and hence no
error was committed in refusing to allow
interest."
It Is also held. In this case that an ac
tion may be maintained against the sur
viving member of a partnership without
Joining the executor of the estate of the
deceased partner as one of the defend
ants. S. Normile, respondent, vs. Oregon
Railway '& Navigation Company, appel
lant, from Clatsop County, T. A. McBrlde.
Jjudge, reversed; opinion by Justice Wol
verton. This was an action to recover the value
of a mule shipped from Portland to As
toria by steamer Hassalo. At Astoria
the mule was tied to a plow while wait
ing the owner, and, after the freight had
been paid and a receipt signed, the mule
ran away and was injured. In the con
tract of shipping it was agreed that the
liability of the company should not bo
more than $100 per head for the stock.
Plaintiff contended, however, that this
agreement was void because contrary to
public policy. At the trial he recovered
Judgment for $150, and defendant ap
pealed. The Supreme Court holds that
although a common carrier cannot evade
all responsibility nor lmlit his liability
to one-half or nine-tenths of the value of
the property, It Is lawful for him to agree
upon the -value of the property, such val
uation being the basis of the frleght
rate. "In such a case the shipper is
estopped to deny the value which he has
deliberately agreed to as the real value
of the property." It is. therefore, held
that the agreement was valid, that no
common law action for damages could He,
but he must recover upon the contract If
at all.
J. "v7. La Follett, respondent, vs. Mc
Klnley Mitchell, appellant, from Marlon,
J. W. Hamilton, Judge, affirmed; opinion
by Justice Bean.
This was an action to recover damages
for breach of a contract. In May, 189S,
Mitchell contracted La Follett's crop of
potatoes, estimated at between S00 and
900 sacks, agreeing to furnish the sacks
and pay a stipulated price for the pota
toes, which were to be delivered f. o. b.
boat on the "Willamette River. Soon after
the making of the contract the plaintiff
began his performance, but a few days
later defendant proposed a modification
of the contract by which the potatoes
should be delivered at plaintiff's farm In
stead of on board boat. Plaintiff offered
to consent If defendant would pay bal
ance duo before the potatoes were re
moved. Defendant refused to accept
these conditions and notified La Follett
that he would not receive any of his po
tatoes, demanded the return of an ad
vance payment of $20 and the -price of
the sacks that had been furnished. This
was refused, and defendant brought an
attachment suit to recover for the $20 and
cost of sacks, and In this proceeding 270
sacks of potatoes belonging to plaintiff
were attached and afterward sold for 10
cents per sack. The case was finally dis
missed on a nonsuit. At a subsequent
date Mitchell brought suit to recover
damages for breach of a contract, but
Judgment was rendered for La Follett
for his costs, the Judgment being affirmed
on appeal December 24, 1900. On January
23, 190L this action was brought by La
Follett, who demanded Judgment for
$372 15 as general and $78 78 special dam
ages. The answer-denied the material
allegations of complaint, and by way of
estoppel sets up proceedings and Judg
ment in previous action to recover for an
alleged breach of contract. At the trial
defendant's motions for a nonsuit and
for an order directing the Jury to return
a verdict In his favor were overruled, and
Judgment was given plaintiff for the
amount asked. Defendant appealed, the
principal assignment of error being that
the Judgment in the former action
brought by the defendant against the
plaintiff to recover damages for an al
leged breach of the contract was a bar
to this action. Court holds that in the
former action Mitchell was the plaintiff
and sought to recover on aa alleged
breach of the contract by La Follett, and
since the final Judgment was In favor of
La Follett, "It constituted an adjudica
tion that there had been no breach of the
contract on his part, but did not deter
mine that Mitchell himself had not vio
lated the terms and conditions thereof.
That question was not Involved In the
former controversy, and tho Judgment
therein is no bar to this action." The
Judgment of the lower court Is affirmed.
TV. C. "Wilson et al., appellants, vs. G.
W. Wilson et al., respondents, from
Douglas County, J. W. Hamilton, Judge,
affirmed; opinion by Justice "Wolverton.
Held that if by the laches and delay of
the complainant it has become doubtful
whether adverse parties can command
the evidence necessary to a fair presenta
tion of the case on their part, or if It ap
pears that they have been deprived of
any such advantages as they might have
had if the claim had been seasonably In
sisted upon, or before it became antiquat
ed; or if they be subjected to any hard
ship that might "have been avoided by
reasonably prompt proceedings, a court
of equity will not lntorfere to give re
lief, although the full time may not have
elapsed which would be a bar to a remedy
at law.
John W. Gardner, respondent, vs. D. C
McWllHams. appellant, from Douglas
County, J. "W. Hamilton, Judge, affirmed;
opinion by Chief Justice Moore.
Averments of a first separate defense,
which were incorporated Into a second
defense by reference thereto, necessarily
resulted In uniting two affirmative de
fenses that should have been separately
stated, and the latter was properly strick
en out as redundant.
Had No Jurisdiction.
SAN FRANCISCO. Aug. 11. In tho
United States Clccuit Court today Judge
Morrow sustained the demurrer filed by
the Oceanic Steamship Company In the
suit of Mrs. Cecily Farren, who claimed
$50,000 damages from the company for
the death of her husband, who-was killed
on board the steamer Ventura by the
bursting of a steam pipe during the Initial
voyage of the vessel from Philadelphia to
this city. The company held that the
court lacked Jurisdiction, the accident
having occurred .on ths high seas.
INGRAM BACK IX ALBATTV.
SayH Shot Which Broke His Leg Was
Fired By aierrill.
ALBANY. Or.. Aug. 1L (Speclah)-The
return of Frank Ingram to Albany after
an absence of over 10 years spent in the
state penitentiary on a life sentence, cre
ated considerable Interest In Albany to
day on account of the attention given him
in connection with the Tracy and Merrill
escapo from the penitentiary, and his for
mer residence In this city, where he was
sentenced in March, 1892, to the peniten
tiary for life for the murder of his brother,
Henry. Having left the penitentiary with
only about $5, Ingram is endeavoring to
raffle off a set of hearth and other tools In
order to secure money with which to
make another start in life. The senti
ment here In reference to his case is
varied. Ingram states positively that the
shot which struck his leg was fired by
Merrill as he was endeavoring to wrench
the gun from him, and was not an acci
dent, as he was attempting; to get to the
ladder, as reported in some of the papers
of the state.
CHEHALIS. Wash., Aug. 11. (SpeclaL)
An examination of the rifle found near the
spot where Merrill's body was discovered
&hows that It is a Winchester, round bar
rel. 25 or 26 Inches long, model 1894, .30
caliber, and numbered 53,747. It had some
rust spots on It from lying: out in the
ferns, but was in good condition other
wise. From its general appearance It was
not a new gun when Merrill escaped from
the penitentiary-
Looking for Wright.
EUGENE, Or., Aug. 11. (Special.) Since
the first report was received by the of
ficers three weeks ago that Harry Wright
had been seen In the vicinity of his former
home, about 20 miles west of Eugene, con
siderable effort has been made to locate
the alleged accomplice of Tracy .and Mer
rill In their escape from the penitentiary,
but without success. Beyond the fact that
he was known to be with friends three
weeks ago, nothing can be learned of his
whereabouts or hla movements. It Is still
believed, however, that he Is yet In this
county, being kept in concealment by
friends, and that the officers will finally
locate and capture him.
STOPPED FUNERAL SERVICE.
Finding of Miss -Megs Body Inter
rupt the Mass.
ABERDEEN. Wash., Aug. 1L (Special.)
While the funeral services over the re
mains of Miss Louise La Shance, one of
the young girls who was drowned in the
Chehalls River, here last Wednesday, and
the body afterward recovered, were being
conducted1 by the Rev. Father Bourke, In
St. Eagldlus Roman Catholic Church this
morning, the large congregation was
thrown into the wildest excitement by a
messenger rushing Into the church and
announcing that the body of Miss Llnnle
Nless, the other unfortunate girl who was
drowntd at the same time, had Just been
found. Mrs. Nless, the mother ot Miss
Llnnle, was ih the church at the time, and
the sudden shock made her so hysterical
that it required the efforts of several per
sons to control her. The service was
stopped, so great was the confusion, and
the body of Miss La Shance was removed
to the undertaking parlors, where that
of Miss Nless had been taken. A double i
requiem service was held late In the after
noon, and the two bodies laid to rest side
by side in Fernhlll cemetery.
Died nt Sea.
ALBANY", Or.. Aug. 11. (Special.) News
was received here today announcing tho
death on the ocean of two of the chil
dren of Rev. and Mrs. C. R. Callendcr,
who have Just arrived in San Francisco
from Lakawn, Asia, after a trip of two
months, and an absence of six years spent
as missionaries under the Presbyterian
board. Mrs. Callendcr is a daughter of
Mr. and Mrs. James Marks, of this city.
THROUGH THE COLUMBIA RIVER
GORGE,
A delightful trip of a few hours will
take you through the famous "Columbia
Klver Gorge." the greatest combination ot
river and mountain scenery on earth. O
Ji. & N. tram leaves Portland dally a: a
A. M. Return can be made by steamer
from Cascade Locks. Special low rates
for this trip. Get particulars at O. R, &
N. ticket office. Third ahd Washington,
FIRE IN FIVE SECTIONS
EXTEXT OF FOREST CONFLAGRA
TION NEAR SPRINGWATER,
Flames Were Started toy Careless
Campers and Farmers Had to
Fight to Save Property.
OREGON CITY, Aug. 1L (Special.)
A. S. Dresser returned to this city last
night from Sprlngwater, where he went
early Sunday morning to obtain infor
mation about tho big forest fire that has
been raging In the vicinity of Sprlngwater
for the past week. Ho learned of the
extent of the blaze Saturday afternoqn,
and being the owner of valuable timber
land In the burning district, waa anxious
to know what damage had been done.
He reached Sprlngwater, about 25 miles
from this city, at 9 o'clock and the Myers
place about an hour later. Along the
road from Sprlngwater to Myers, the fire
was ao hot that he was compelled to
shield his face from the Intense heat.
Mrs. Myers saw the beginning of the
fire on Sunday, August 3. At that time it
was not thought that It would spread and
no attention was paid to it. But it stead
ily gained each day, and by last Friday
had reached a point where it wasa case
WALLA WALLA MAN WHO
WAS DROWNED NEAR
SEATTLE SATURDAY.
WALLA WALLA. Aug. 18. (Spe
cIaL) Charles E. Burrows. Jr.,
who was drowned in uget Sound
Saturday, was born In 'Salem, Or.,
27 years ago. was educated in the
public schools of Walla Walla and
the University of California. Ho
was connected with the Walla
Walla Gas & Electric Light Com
pany, bctng Its cashier at the time
of his death. He was married July
C 180S. to Miss Irene Lowe, ot
Dayton, Wash., and left a wife and
a 2-year-old eon to mourn his loss.
He was the son of Charles E. " Bur
rows, general manager ot the Walla
Walla Gas & Electric Light Com
pany; was a member of Integrity
Lodge. A. O. U. W., and Walla
Walla Lodge, No. 287, B. P. O. Elks.
He was a man of exemplary habits,
and had very many friends In this
city, who extend their aympathlea
to his bereaved family.
of all the people in the nclghborhool get
ting out and fighting to save their prop
erty. Men worked for three days and
nights unceasingly without sleep until the
safety of the buildings in the locality was
assured. In 6plte of their heroic efforts,
however, the house and fences on the
farm of Mr. Nalman were entirely de
stroyed by the flames.
The fire started in section 24, township
3 south, range 4 east. It burned Into sec
tions 22, 25, 26 and 27 and It may be. that
the flames also reached section 3C, where
there Is a great deal of green timber. Tho
Are approached Myers sawmill and
burned close to the buildings. Mr. Myers
haslfty got a forco of men together Satur
day night and removed all the machinery
from the mill. He fully expected his mill
to go up In smoke, but with the aid of
his men he succeeded in saving his build
ings. The Are has covered an area of probably
3000 acres, moBt of which is known as
down timber. Several years ago the same
district -was kwept by flames and since
then the ground has been strewn with
logs in every direction. On this account
there was nothing to stop the progress
of the flames. The green timber la still
wet and does not burn easily. There is
no doubt but there has been considerable
damage done, but the extent of it cannot
be ascertained until the fire Is extinguish
ed. Mr. Dresser was close to the flames
and said that when the green fir and bush
es would Ignite, a sound like throwing
water on fire would result, and wrhen a
huge tree fell It would make a sound like
a blast.
As manyas 500 people have been camping
about Sprlngwater during the berry pick
ing season, and of course it is impossible
to determine who left the campflre that
started a blaze which traveled to the ex
tent of four or five miles. The place where
the fire started Is called the "huckloberry
patch." The feeling of the farmers about
Sprlngwater against the careless person
Is oq Intense that Mr. Dresser oaA he
would have probably been strung up had
he been caught.
WAREHOUSES BURNED.
Spark From Engine Sets Fire to Two
nt The Dalles.
THE DALLES. Or.. Aug. 1L (Special.)
Two feed warehouses belonging to the
Wasco Warehouse Company, and the cen
ter building of the O. R. & N. Co.'s stock
yards were burned at noon today. The
loss Is about $3500, well covered by insur
ance. One warehouse contained About 30
tons of hay. which was destroyed, as were
two or three sheep and hogs confined in
the enclosure. The fire is supposed to bve
originated from a spark from a passing en
gine. E. M. Loggcus, an employe of the Wasco
Warehouse Company, was run over by an
engine and slightly Injured.
Lodsrlngr-Uouse Burned.
BAKER CITY, Aug. 1L (Speclal.)-A
disastrous fire broke out In the Oakes
building, on Washington street, this
morning. The upper part of the building
was occupied by Mrs. Grant as a rooming-house.
The fire started from a gas
stove, which exploded, and in an instant
the whole upper story was In flames.
It Is a frame building, cloth-lined and
papered. Tho whole upper story Is a total
loss. J. Rosenbaum's Golden Rule Cash
Store. J. H. Ferguson and tho Singer
Sewing Machine Company occupied the
lower story. They were all damaged by
water. Rosenbaum's loss will be about
51000. Ferguson's n,nd the Singer peoplo's
losses will be nominal.
There was no Insurance, except on the
building, which was Insured for 52100. The
damage to the building Is about 52000, and
the other losses will amount to 54000, on
which there Is no Insurance.
Navigation Dangerona,
PORT TOWNS END, Wash., Aug. 1L
The continuation of dry weather the past
week has resulted on the beginning of
the smoky seaton from fierce forest fires
which are raging. The lower Bound coun
try 13 now covered with a pall, of' denwj
smoke, making navigation difficult and
dangerous. As yet no accidents have
been reported.
Fires East of the Sandy.
GRE3HAM, Aug. U. Extensive forest
fires are reported east of the Sandy River,
but so far no great amount of damage
has been done. A corps of forest rangers
Is doing good service in the Cascade re
serve and around the Bull Run head
worko. So far no fires have occurred In
those sections.
Stapes Resume Runs.
HOOD RIVER. Aug. 1L (Special.)
The stage road to Cloud Cap Inn Is again
open to travel, the large forest fire near
tho Inn having subsided. Tho fire was
not so dangerous as reported Saturday"
night, and the stages are again making
regular dally trips.
Shingle Mill Burned.
. EVERETT, Wash.. Aug. 1L Wheeler's
shlncle mill at Arlincton was destroyed
by Ore. The loss Is $3000, partly covered
by Insurance. The dry-kiln and stock
were saved.
Want More Hydrants.
EUGENE. Or.. Aug. 1L (Special.) The
Fire Department has a proposition to pre
sent to the Council at the next meeting
for. more hydrants for better fire protec
tion. It Is the desire of the firemen to
have sufficient hydrants and have them
to located that the distance would not be
more than 400 feet from any house In the
city to the nearest fire plug. The hose
carts carry 500 feet of hose each, and it
is the desire to have this reach any fire.
At present there aro many houses in the
city that could not be reached with water
until ot least two carts could unite their
hose, and In a few Instances three carts
would be required. While this Is the case
there Is danger of a fire going to extreme
proportions, where a convenient hydrant
could have enabled the firemen to subdue
it with little damage. v
CANNERIES CLOSING DOWN.
Salmon Season on Columbia Ap
proaching an End.
ASTORIA. Aug. 11. Special.) Nearly
every cannery on the lower river Is In op
eration, though none are running on full
time, and from now until Friday, when
the season ends, all will close down grad
ually. The majority of the fish delivered
are being received from the seines, but a
few gillnetters are fishing, and are mak-
Charles Ek Burrows, Jr.
lng big catches. There Is quite a run of
salmon In the river nearly equaling any
of the present season, but the reduction
In the price has driven the greater portion
of the gillnet gear out of the water, and
several seines have ceased operations. The
Baker Bay trapmen lifted their traps last
night and delivered the fish at the now
prices, but they will not do so again. Mc
Gowan made an offer of 3 cents to the
trappers for 20 tons to be delivered every
other day, while his own trapmen are to
deliver an equal amount on the alternative
days. This offer was accepted, and will be
continued until the end of the season.
Harrington is still paying 4 cents and the
g'llnets working for him around Pillar
Rock are doing well, and the up-river
seiners still in operation arc making good
hauls. Mr?gler has closed down, for the
season and his cannery-tender, the steamer
Edith, has been placed in Winter quarters.
The Warren Packing Company sent a
force of men from here to California today
to work In its cold-storage plant on the
Sacramento River. The Fall fishing there
extends- from August 10 to September 10.
STOLE HIS HIDDEN WEALTH.
Fisherman Supposed to Have Taken
an Astor!ariK Money.
ASTORIA. Or.. Aug. 11. (Special.)
George C. Ello. the proprietor of a local
fish market, who makes his hdme In the
rear of it, was robbed last night of about
SC00. He has had stopping with him for
a few days several Sacramento River fish
ermen, who had quit fishing and were
preparing to return to their homes In Cal
ifornia, which they did on the steamer
Elder this morning. The money disap
peared from Its accustomed hiding place
last eve"Ung. and as the house had not
been forcibly entered, no other explana
tion can be given than that one of these
fishermen had discovered "v?here the money
had been hidden and had appropriated it
before leaving. It Is not believed, how
ever, that there Is sufficient evidence
against any of them to have them brought
back from California for trial.
WANTS GOVERNOR ARRETTED.
John D. Sprcckelx Stvenrs Ont War
rant ARnlnst Gnge.
SAN FRANCISCO. Aug . 11. John D.
Spreckles, proprietor of the Morning Call,
has sworn to a warrant In the police
court here charging Governor Gage with
libel. The alleged libel Is contained In a
statement published on Friday in which
"the Governor said that charges against
him recently published In tho Call were
made for the express purpose of attempt
ing to defeat his renomlnatlon. Judge
Cabanlss ilgned the warrant, which was
placed In the hands of Captain of Detec
tives John Martin for service on the
Governor.
YOUNG WOMAN KILLS A BEAR.
One Woman Wounds Him and the
Other Ended His StrufirpfleK.
BAKER CITY. Or., Aug. 1L (Special.)
Miss Ruth Jackson, of this city, and her
visiting Miss Jackson, had a very Inter
esting adventure with a bear In the moun
tains near Austin, a few days ago. The
young ladles, in company with Roy Jack
son. Miss Ruth's brother, were out camp
ing, and for amusement they spent their
time hunting and fishing. It is not as
Fertcd positively that when they started
out It was their Intention to hunt for
bear, but being engaged In the pursuit,
they were brave enough to tackle a bear
should one cross their path, and that Is
exactly what happened. Miss Jackson
was carrying the gun when they met a
bear In the path; and without further cere
money she took aim and fired. Her aim
was true. She brought down the game,
and although not killed Instantly. It was
mortally wounded. Miss Angle took part
j In the slaughter, ending the struggles of
mic uwr wun a ciuo.
The ladles are very proud of their
achievement, and while not boasting
their prowess, they modestly accept the
congratulations of their friends, and In
sist that they were not frightened, al
though they have no desire to encounter
a bear every time they go camping.
Laundry Company Incorporated.
ASTORIA. Or.. Aug. 1L (Special.) Ar
ticles of Incorporation of the Troy Laun
dry were Hied In the County Clerk's office
today. The incorporators aro O. J. Sher
man, W. II. Norman and John Talt, and
the capital stock Is 515,000. divided into 150
shares of 5100 each. The object of the
company is to conduct a general laundry
business In Astoria. The Incorporators
of thlr company recently purchased and
Columbia steam laundry, ot.thls city, and
will erect a new bulldlng- fn which to in
stall their plant.
rOUTLAND-CIIICAGO.
Seventy hours and thirty minutes (70)
Is the time of the "Chicago-Portland Spe
cial" from Portland to Chicago. Leaves
Portland every, day at 9 A. M. Ticket
ofllco Third and Washington. O. R. & X.
PORTLANDERS GET MINE
WILL OPERATE FAMOUS MINERAL
PROPERTY NEAR WEISER.
At One Time It Was a Leading: .Sil
ver Camp In Idaho Closed During:
the Depression of 1S93.
WEISER, Idaho, Aug. 1L (Special.)
Portland capitalists are opening up ono
of the old and In its day one of the lead
ing silver camps of the state. The old
camp of Mineral, 23 miles from Welscr, Is
a busy scene of activity. Masons left
Welser today to repair the smelter and
place It In condition for an early resump
tion of work. New machinery and equip
ment to make it an up-to-date smelter
have been added lately. The capacity Is
150 tons dally. Ladd & Tllton, of Portland,
have secured the smelter, and purchased
several claims In proximity to It. They
have secured the services of G. M. Mc
Dowell, of Portland, as superintendent and
general manager of the smelter and mines.
Mr. McDowell is considered ono of the
best mining men of the West, - and under
his experienced and conservative manage
ment there Is no question of the success
of the smelting works and mines. A large
force has been employed for several
months in running new tunnels and block
ing out ore In anticipation of tho starting
up of the smelter. Coke for smelting has
been accumulating for some time, until
there Is now over 1100 tons In the bins.
Near the mines are inexhaustible sup
plies of iron and lime for fluxing, and only
the coke Is to be freighted to the smelter.
Tho ore runs high In silver, and carries
good values In gold and copper. Previous
to 1S93, when the great slump in silver oc
curred, the mines and smelter were oper
ated by a large force and paid Icrge divi
dends to the lucky owners. The ore bod
ies are large and easily and cheaply
worked. The company operating It Is a
wealthy corporation, and will soon put it
on the paying basis that it was prior to
the shut-down in 1693.
Grent Strike at Cripple. Creek.
CRIPPLE CREEK, Aug. 11. A strike
of sulphide ore carrying 4000 ounces of
silver and a large percentage of copper,
has been made on Bull Hill, the very cen
ter of the Cripple Creek district, at a
depth of 1365 feet. This bears out the
theory of many experts who have predict
ed that deep mining would change the
character of the district's output.
Colorado Smelter Closed.
PUEBLO, Colo., Aug. 11. The Amer
ican Smelting & Refining Company has
closed the Philadelphia smelter here. The
reasons given are a shortage of ore and
the fact that a new smelter has Just been
started at Murray, Utah.
MlninR Stock Quotations.
SAX FRANCISCO. Aug. 11. Official closing
quotations for mining stocks: '
Andes $0 03Mexlcan
50 44
11
Belcher
8 Occidental Con.
Beat & Belcher..
Caledonia
Challenge Con. ..
Chollar
Confidence
Con. Cal. & Vo..
Crown Point ....
Gould & Currte..
Hale & Norcrofa.
Justice
OjOphlr
1 10
13
SSI Overman
10 Potosi 10
7 Savage 10
ColSetr. Belcher 3
1 15 Sierra Nevada ... 1C
0 Silver Hill 4S
21 Union .Con 16
liiUtah Con 1
0 Yellow Jacket ... 9
NEW YORK. Aug. 11. The closing quota
tions were:
Adams Con SO SOlLIttle Chief 50 11
Alice SOi Ontario ,.8 50
Breece 30 Ophlr .. .... 1 0o
Brunswick Con.
Phoenix 0
Comstock Tunnel
Con. Cal. & Va.
Potosi 14
1 10 Savage J
1 fini Klprra TCvndn. 12
Deadwood Terra
Horn Silver 1 23 ! Small Hopes 35
Iron Sliver 80 Standard a:
Lcadvllle Con. .. 3
BOSTON. Aug. 11. Closing quotations:
Adventure $ 22 50Parrot 5 20 00
Allouez 2 25 Qulncv 125 00
Amalgamated . 67 23Santa Fe Copper 212
Bingham 33 GO! Tamarack .. .
173 00
04 00
Cal. Sc Heeia.. r40 ouiTrlmountain ..
Centennial
18 50 Trinity ,
57 00Unlted States ..
140 00 Utah
10 501 Victoria ,
13 001 Winona
43 73 Wolverine
IS 30 Daly West
57 00
11 73
20 00
Copper Range.
Dominion Coal
Franklin ... .
Isle Royale ...
Mohawk
Old Dominion
Osceola
21 00
000
4 50
58 50
G7 30
PROFESSOR BLACK DEAD.
Instructor of the State University
Dies Suddenly at La Grande.
LA GRANDE. Or.. Aug. 11. (Special.)
Professor Charles W. M. Black, assistant
In mathematics in the University of Ore
gon, died In La Grande this morning at
10:45 o'clock. Professor Black was on his
way to Boulder, Colo., presumably for his
health, and, feeling unable to proceed, tele
graphed Dr. Bacon to meet him at the
depot here. Dr. Bacon saw that Professor
Black could live but a little while, and
had him taken to his office, where he
lived but a short time. Undertaker Henry
was ordered by President Campbell, of the
university, to embalm the body, and a
dispatch was sent to his relatives In Bos
ton, but up to this time no word has been
received as to the disposition ot the body.
Quito a number of University of Oregon
students reside In La Grande, and were
much shocked to learn of Professor Black's
sudden death.
EUGENE, Or.. Aug. 11. (Special.) Pro
fessor Black had been here only one year.
Being a sufferer from consumption, he
had Just taken an outing In the moun
tains. Receiving no benefit, he started
yesterday for Colorado and was today
taken off the train at La Grande, where
he died this forenoon.
William Noble.
LA GRANDE, Or.. Aug. 11. (Special.)
William Noble, for 14 years a resident of
La Grande, died here this morning at the
age of 53 years. He was born In Scotland.
His wife and six children survive him.
FREIGHT TRAIN WRECKED.
Edward Searles, In Charge of Sup
ply Car, Seriously Injured.
OLYMPIA. Wash.. Aug. 11. (Special.)
A bad freight wreck occurred In the
Olympla depot yards about noon today.
In which Edward Scarlcs. In charge of a
supply car, was seriously scalded, 'engine
No. 500 badly damaged and several freight
cara demolished. A heavy logging train
coming rapidly around the curve west of
town crushed Into a long lino of freight
cars that had, been left on the main
track by a freight engine switching
in the yards. The supply car was
In the logging train and In- the ehock
It was completely demolished between a
car of loss and the engine. How Searles
escaped alive Is a mystery- Engineer
Dewey and Fireman Schupcrt Jumped
and were uninjured.
A fire which started In the wreckage
and threatened to spread Into a bursted
oil tank In the supply car way extin
guished by the city fire department,
which was called to the scene.
The ehock also shunted the line of
freleht-rars up the track and they failed
SMANHOOD RESTORED "CUPIDEKE"
$ Tni groat VegeUbl Tttalizer, the
care yon ot juinerruas cieona nerrua wviknts.siict as KjOki Jlnnlioon. 2ton
nln. ZIn In ihc Iiack, Trcmnlln. crvoii Jcbilit.v. Smple.
ITnfltnen to 3tRrr. Varleeeelc, nnd 4ontlpnlJoi. (jire ti.-bounce, the
nrne.ir rem nt. vix-ij.uk clransra the llrer, the kidney, and the urr-arjnrsaa. of
all Imptirill. CtTPXSKXKMrenffthen.and rextors aliurz.ni Therwm nf!rm nr.. not
enrml hr doctiirn i b-ciniiii ninrtr rxir nrntun trnnrlH with Prnfttntlflu MTlmC!V I
if the only known remedr tn onre without an operation. .V00 testimonial. A wnttrn gnat-intv gien and
money relumed if aiz bnxe do not effect a permanent cure. 81.00 a box; six for JA.C0. by iruil. bend fot
free areolar acd trtimnril.
Addicts DATOt MEDICINE CO.. I. O. 2ox 2070. San Franalwo, Cat
For aale by S. O. SlCIDil ORE. & CO.. Portland. Or.
to clear a caboose and box-car standing
on a 3wltch 150 yards from the main
wreck. The caboose and box-car .were
thrown in opposite directions and lay on
their sides, one blocking one switch and
one the other. The line through Olympla
was therefore out of bu3lrcss today, and
traffic was carried on by stub trains from
Tacoma on one side and Centralla on the
other. Searles home Is in South Tacoma.
He was taken to the hospital here. His
Injuries are about the leg3 and abdomen,
but will ont prove fatal.
Engine E00 is called a "hoodoo" by
trainmen. -It has been In a number of
wrecks.
FISHNETS STOLEN.
Depredations of California Fisher
men on the Columbia.
ASTORIA. Or., Aug. 11. (Special.) Dur
ing the past week many .fishermen have
complained of having lost a portion of
their nets while drifting at night on the
river, the lost portion having been cut
away and stolen by some one. This re
port Is customary at the close of every
fishing season, and where the nets go Is
well , known, but no organized effort Is
made to stop, the depredations. .At the
beginning of each season there are MO or
more fishermen, principally Greeks, who
come qp from California to fish In the Co
lumbia They always come empty-handed,
but when they go away nearly every one
takes a net with him, and often a boat
as well, and no one ever heard of their
buying cither.
BURNED TO DEATH.
Mlllman, Fit-Stricken, Carried Into a
Roaring' Furnace.
SEATTLE, Aug. 11. J. M. Kidney, an
employe of the Stetson-Post Mill, was
burned to death in a roaring furnace
used to consume waste lumber, this af
ternoon. While in an epileptic fit "he
grabbed hold ot a wire conveyor cable
and was dragged more than 400 feet to
the furnace. His charred body was later
recovered. While Kidney's body was
slowly traveling up the conveyor, Albert
Olson made an effort to rescue the un
fortunate man, but was unable to loo5en
tho tenacious grip he had on the cable.
Fire nt Fort Cudahy.
SEATTLE, Aug. 11. The warehouses of
the North American Transportation &
Trading Company at Fort Cudahy. on the
Yukon River, were destroyed by fire Au
gust 7. The conflagration wiped out prob
ably more property than any fire ever oc
curring on the Yukon, except at Dawson.
The fire was caused by a spark from a
passing steamer. As the "buildings con
tained supplies for the Winter. It will ne
cessitate the shipment of a large amount
of provisions to take the place of the goods
consumed. News of the disaster was re
ceived here today by R. B. Snowdon. gen
eral manager of the company. Both build
ings were insured.
To Raise Bulbs.
EVERETT. Wa3h.. Aug. 11. George
GIbbs. of Whatcom, says from experi
ments he has demonstrated that the
bulbs of hyacinths, tulip, iris, narcissus.
Jonquils can be raised In Western Wash
ington as successfully as in Holland. At
no other point in the United States can
this be done. This may perhaps form a
part of Washington's exhibit at the St.
Louis Fair.
Looking for Timber.
ASHLAND. Or.. Aug. 11. (Special.) A
,party of 12 timber land locators." promi
nent residents of Chippewa Falls, Wis.,
arrived here yesterday and left by private
conveyance this morning for Bly, Klamath
County, where they will file claims on the
fine yellow pine sugar belt adjacent. Near
ly 100 locators have made filings In the
same locality during the recent rush for
timber land.
Indian Princess Marries.
EVERETT, Wash.. Aug.. 11. Alice
Kanim, a niece of Bob Kantm. .son of
the chief of the Tualllp Indians who. signed
the treaty In 1854 with Governor Stevens
setting aside Elliot Point as a reservation,
was married today to David Gus.
The population of Queensland la a trifle over
5CO.0O0.
BE,E,RS
Guaranteed
Pure.
None So Good.
Order from
Fleckenstein-Mayer Co.
ill
8
Not Wcakncss-
Sympt
oms
By far the greater
number of patients
seeking relief for so
called weakness are
strong, robust men In
every other respect.
Our theory that loss
of Vitality. Premature
ners. etc., are not
weaknesses, but the
symptom? of Inflamma
tory processes In the
Prostate Gland (so-
called neck of the bladder), caused by con
tracted disorders and too often repeated
and long-continued excitement. Is now being-
adopted by the leading specialists of
the world. Under our local plan ot treat
ment, directed toward reduclns the en
larged and swollen Prostate. Immediate re
sults, aa Indicated by Increased circulation
and renewed strength, are observed.
All Forms of
Wenlcnes Positively Cared.
ROT A 03LLAR REED CE PAID TILL A CUBE IS EFFECTED
DR. TALCOTT & CO.
250 Alder street.
b often diitreiKd by Gray or B!eitht d Hair.
Imperial Hair Regenerator
b the only set t i4 hrra!e reme lr fiT lthrr.
ItU alolm?ly sf.2i ly tprtM.an.l Icirts
the htlr soft and rlosr. It it nn-jil-l f r
Brtnl ft Mr.tncbf. ONE APPLICATION
LASTS MONTHS. Smt! of lilr roiored ffta.
1'rlTtey anunrL Snrt tor pimfblet.
IMPERIAL CKtHiCAL cf Q CO., 135 W. 23J St.. He Y:i
prescription of a famous French nliTM'cian. will naii-VI
BRITISH GENERAL'S
LIFE SAVED.
WARNER'S SAFE CURE
,,, New York. Slay 0. 1902.
leper. Many years ago I recommended
I fe C.re to..my o5d Mend. General Will
lam Frost Nuttall. of the British Army, who
was a grat sufTcrer from kidney troubles aft
er lone service in India. He took my advice,
and after uslns your remedy, he waa com
pletely cured, and waa a hale and hearty man
Sil ? c.faw hlm ,ast amS must hav beea
nearly SJ years of ase. He has awured me
again ami again that he earnestly believed
darners safe Cure saved his life, and ho
swore by It.
I. myself, have used your remedy with the
l?"03.1., henpflts- as I was refused by the
Equitable Insurance Co. years since for Indi
cations of Rrishi's Disease, but after taking
your cure for some time I was able to obtain
Insurance. This speaks for ltsMf. In my rov
ln? carter I have betn Kreatly benefited by
using Warner's Safe Cure, not only In the
torrid climates of Esypt and India, but also. In
tho Arctic rKlons of Alaska. Your euro has
srved mo well. Yours, very faithfully.
WARNER'S SAFE CURE is purely vegetable
and-contalna no narcotic or harmful drugs; It
Is fre from sediment and peasant to take: It
does not constipate; Is Is now yut up In two
regular slsc. and Is sold by all druggists, or
direct, at 50 CENTS and S1.00 A BOTTLE.
Refuse substitutes. There is none "Just a
good" as Warner's. Insist an tlw genuine.
Substitutes contain harmful drugs.
WARNER'S SAFE PILLS move the bowels
gently and aid a speedy cure.
TRIAL BOTTLE FREE
The manufacturers so firmly believe that
WARNER'S SAFE CURE will absolutely and
permanently cure any diseased condition of tho
kidneys, liver, bladder or blood, they will
snd. postpaid, without any cost to you, a
large trial bottle. If you will write Warner's
Saf? Cure Company. Rochester. N. Y.. and
mention having seen this liberal offer In Tha
Oregonlan. The genuineness of this offer la
fully guaranteed. Write the medical depart
ment for advice, medical booklet, diagnosis
and analysis, which will be sent you free ot
charge.
Hl Que non-pofuoi i
ir.iiieay lor Gonorrhea,
0!ft. Sar rmatiirrlnp
'OU3ZEi
VAiStM WMt. unnatural dU
XI aet to atrl-Ff-. clinre, or an7 Intlammtv
Jjjrr)T3iiii aeuufios.. tion of nineon; mecr
5lli-.EYHH3CHHic.Pn, bran-. Kon-catrlngent
V VCtlCUlSJITI.O.k nj Soli! by ErarlKta,
V k Tj. 3. a. 7 Tor wni In plain wrapper
vTA I bT e3pre. prepaid, fci
Vv" "ZSoP li lcn or 3 aottlea. 12.75
fct
:5.
j! fill I
3hi i.iiiiiii. iniiiiiau
tfv- urcnu? son . on leqoest