Morning Oregonian., August 19, 1902, Page 4, Image 4

THE MORNING OKEGONIAN. TUESDAY, AUGUST 19, 1902.
MAYOB HAS A VOTE.!
Pendleton Official May De
cide a"Tie.
-1
DECISION OF SUPREME .'COUBT;
jQuestlon Involved Was the Removal
of the City Recorder Ruling
on Chansingr Xamc ot
Beneficiary". t
1'
i;
TJnder the charter ot the City of Pen
dleton authorizing the Council, with
consent of the Mayor, to elect and re
move the City Recorder, the Mayor
, ha? a -right to cast fh decldlnr vote
In caso of a tie.
Under the by-laws of the Order of
Modern "Woodmen of America, requiring
the payment of 50 cents as a fee for
changing the name ot the beneficiary,
this requirement Is a condition prece
dent, and no change takes effect, as
between adverse claimants, unless the
fee was paid. ,
A note and mortgage executed' In this
state, but payable In another state,
will be construed according to the laws
of this 6tate even though thoy con
tain an express agreement to the contrary.
standing." The Supreme Court holds. !
-however, that "the validity of such a con
tract la solvable by the law of the place I
wnero -was maae. ana not where pay-
aoie. For that reason the decree of the
lower court cancelling the mortgage Is affirmed.
A. I West, respondent vcr Arthur Ed
wards and Thomas Edwards, appellant.
from Marlon County, R. P. Boise, Judge;
affirmed. Opinion by Justice TVolverton.
This was a suit Instituted to quiet title
to eight acre of Teal 'property, ot which
"West was In possession, claiming title
thereto by advent: possession, extending
back through himself and predecessors to
June S, WL The defendant. Arthur Ed
wards, claimed by deed from the hclra
and legatees of Thomas H. Mclntire, de
ceased. The decree of the court below
was In favor of the plaintiff. The rules
of law governing the case have long been
settled, and the decision turned entirely
upon the evidence, after a review of which
the Supreme Court affirms the decree of
the court below.
""Petitions for rehearing were denied In
the cases of Hough vs. Grant's Pass Xew
Water. Light & Power Company: Goodale
Lumber Company -vs. Shaw; Crossen vs.
Oliver.
Marcus W. Bobbins was permanently
FUGITIVES TURN BACK
FUEEWATER ROBBERS RETURN TO
OREGQ5 FROM WASHINGTON.
Break Through Strong Cordon Alter
a Fisbt With Officers The Blood
hounds Will Go Out Acalxu-
HELIX, Or., Aug. 18. (Special.) Alfred
Cofer, the alleged Freewater robber, and
hla companion, who escaped Into Wash
ington Saturday night, after shooting an
officer cent to arrest them, have doubled
on their tracks and are again in Uma
tilla County. The posse and -bloodhounds
arc resting here tonight, and will again
set out in pursuit with the break of day.
Last night Sheriff Taylor and posse came
upon the men on the Touchet, In Wash
ington, and exchanged shots with them,
dlsibling the horse stolen from Deputy
Sheriff RItchey, which they had been rid
inr. hut thn fugitives trot awav this morn
ing. Bloodhounds from Walla Walla were
put on the ;rail, and the fugitives imme
diately doubled back Into Oregon. At 10
SALEM, Or., Aug. 18. (Special.) The
Supreme Court to'day handed down, three
decisions, the decision of the lower court
"being affirmed in each instance. The
findings follow:
Maud -M- StrlnKham. appellant, vs. Mrs.
Laura Dillon, respondent,, and the Modern
Woodmen of America, defendant, from
Multnomah County. A. F. Sears, Jr.,
Judge; affirmed. Opinion by Chief Justice
Cdoorc.
Tills -was a suit to determine the right
of adverse claimants to a sum of money
due on account of a certificate of mutual
life insurance. LeRoy Stringham, on
January 31, 1899, having applied to Oregon
Tlr Camp, No. 50&, in. Portland, for ad
mission to the order of Modern Woodmen
of America, thero was issued to him
fcenefit certificate for J2000 payable to his
mother. Mrs. Laura Dillon- The certlfi
cate contained the provision "that all the
conditions contained in this certificate
and the by-laws of this society, as the
same now exist or may be hereafter modi
fled or enacted, shall be fully complied
Tvlth." The bylaws required the payment
of 50 cents as a fee for changing the name
of the beneficiary, and further provided
that ''no change In the designation of
beneficiary shall be effective until the old
certificate shall have been delivered to
'the head clerk, "and a "new certificate is
sued during the lifetime of the member.
;and until such -time 'the old. certificate
ishall remain In force. Stringham was
married May 19. 1S01. and three days there
after osked to have his wife made his
beneficiary. The clerk of the camp wrote
Iter name In the surrender clause of the
certificate, and he signed his name thereto,
He did not have the 50 cents fee, and the
(Clerk gave him until -the following Wednes
day to pay it. He died uly-2 190L The
uicn voluntarily -sent ia cents 10
the head clerk, with the certificate, to
have the' change made. This suit having
.been brought, the order of Modern.Wood
men paid the money info court, "to be dls
posed of as the. court should decide. The
3ower court held that the change of
beneficiaries had not been effected. In
affirming this decision the supreme court
holds that the payment of the fee of 50
cents was a condition precedent to the
change of beneficiary, that Stringham
knew of the requirement, that the failure
to comply was not owing to circumstances
over which he had no control, and that,
therefore, his widow has no claim to the
money.
John McCourt, respondent, vs. John E.
Beam, appellant, from Umatilla County,
W. R. Ellis, Judge? affirmed. Opinion by
Justice Bean. -
This was a mandamus proceeding,
brought by McCourt to compel Beam to
deliver to plaintiff jhe books, records,
etc. of the office- of Recorder of the city
of Pendleton. In January. 1902. Beam was
appointed City Recorder by a vote of the
Common Council, with consent of the
Mayor, and held the pfflce until February
25 following. At that time a resolution
was introduced providing for his removal
from office, and the vote on. the adoption
of the resolution stood 4- to 54. Thereupon
the Mayor cast the deciding vote, and.
Beam wjes declared removed frQm office.
By exactly the same vote McCourt was
elected to fill the vacancy. Beam refused
to give up the office, contending that the
-Mayor had no right to cast the deciding
vote. Whether the Mayor had that' right
was the question presented on appeal.
The city charter provides that the gov
ernment of the cliy Is vested in a" Mayor
and Common Council, to consist of eight
members, and the Mayor Is empowered to
"give the casting vote In case of a tie."
By an amendment enacted by the Legis
lature of 1901, it Js provided that "the
Common Council shall, with the consent
of the Mayor, appoint a Recorder and a
Marshal, who shall hold their respective
offices during the pleasure of the Council,
and be subject to removal from office at
any time by its resolution."
The defendant contenced that under this
amendment the Mayor "had no right to
participate in the appointment of a Re
corder, even to the casting vote in case of
a tie; that the appointment must be made
by a majority of the Council. Independent
of the Mayor, and that his only right
therein is to give or withold his consent.
The opinion of the Supreme Court says:
It Is not believed that this is a proper
construction of the language of the sec
tion. The amendment is a part of the
charter. The charter does not authorize
the Council to act independently of the
.Mayor, or one of Its members chosen to
act in his place In case of his absence or
inability to served He is made a constltu
rcnt part of the governmental body of the
city, with certain duties, rights and pow.
ors. He is for certain purposes a part of
the Council, is counted to make a quorum,
is required to preside over its meetings.
and. In case of a tie, his right to vote is
as clearly provided for by the. charter as
that of any member of that body. The
appointment to an office by the Council
necessarily requires a vote of the persons
authorized by the charter to participate
in Its deliberations, and the mere fact
that such apolntm'ent is not valid without
the consent of the Mayer does not mam
festt an intention to exclude him from
giving the casting vote in case of a lie
anw more than In other case. ..."
i William Hicinbothem, respondent, vs.
Interstate Savings & Loan Association,
appellant, from Multnomah County. A. L,
Jrazer. Judge; affirmed. Opinion by Jus
tice Bean.
This was a suit to compel the cancella
tlon of a mortgage on the ground that
the 'amount secured thereby, with legal
Interest, has been paid. It was admitted
that the contract was usurious under the
laws of this state, but the defendant
claimed that the contract should be con
efrued according to the laws of Mlnne
sota, -where It is valid The mortgage
contained a stipulation that both it and
hc note secured therehy should be con
strued according tathe laws of Minne
sota, "anything in the law's of any other
ttate or territory to the contrary notwlth-
NEWLY -ELECTED SUPERINTENDENT OF OREGON.
SCHOOL FOR DEAF MUTES
TH03IAS t. CLARKE, WHO HAS JUST ARRIVED FROM THE EAST
AND TAKEN CP HIS DUTIES AT SALES.
Tonight there was a promenade concert
and vntertalnment at the Pavilion.
The supreme tribunal today modified the
punishment imposed on W. D Kennedy,
the ex-supreme recorder of the "Illinois
grand tribunal. Kennedy, who was
charged with appropriating to his own use
$5000 of the order was ordered expelled.
The supreme tribunal modified the ex
pulsion to three years' suspension, dating
from today.
CANDLE CREEK PROVES RICH..
Oreonlan, Horrerer, Says Alaskan
MtnXngr District Mar Soon Play Oat.
ASHLAND, Or., Aug. IS. (Special.) J.
Crit Tolman. of this city, -who left last
May for the new diggings at Candle Creek.
Alaeka, sends word under date of July
20 that the country is as yet very little
prospected, and that the pay in the creek
bed Is good for about 10 miles. Should
there not be anything found on the
benches the camp will not last longer than
next Summer. The pay In the creek bed
1b one to four feet thick, and 15 to 20 feet
wide. The largest ciean-up made thus
far was 57000 for one shift, five men shovel
lne. The largest nugget found was $35.
Wages were ruling at 75 cents per hour
and board.
TRAIN COLLIDES WITH WAGON.
Formers Have a Close Call, hut Es
cape Serious Injury.
PHILOMATH. Or.. Aug. 18. (Special.)
The Corvallis & Eastern passenger train
collided with a wagon occupied by Joseph
Hudson and MI? ton wyatt, near nere ims
iftsrnnnn Th ttlpn cot off lUCkllV. Wyatt
being but slightly injured, while Hudson
sustained a fracture oi ine uugn. xio
men attempted to cross the track iwhen
the tram was aimost upon wu.
nirk henvilv bv the Iocomo-
tive and the rack thrown as nigo as wie
smokestack.
Drowned While In Sivlnimlngr.
actvyrta -a nor. is. fSDecial.) Marcus
Mortenson, the 12-year-old son of Ole F.
Mortenaon, a- fisherman, was oruwncu i
ho rviitimWn thin afternoon while In
swimming. He dove oft the net racks at
Booth's cannery and must nave struct
something, the shock stunning him. as he
not cnmA in the surface. His body
r.ri Avrv effort -was made to resusltate
and every eflort was made to resusltate
him without success.
Child Killed hy a Train.
SOUTH BEND. Aug. 18. (Special.)
The 2-year-old son of S- J. McCready, of
Lebam. was run over and xineu oy ine
passenger train as It was coming to South
Bend Saturday night. The child snppea
awav from Its mother and was playing on
the railroad track at a point where tno
track curves, and the engineer did not see
the child until too late to stop.
Ex-Lcgislator Falls From. Train.
WOODBURN, Or. Aug. IS. (Special.)
. B. Montatrue. a member of the last
Legislature from Linn County, fell from
the Albanv local train as It leit me sta
tlon at Woodburn this evening.' and was
seriously injured about the face. His
shoulder was dislocated.
admitted to the bar, on motion of R. G.
"Smith.
WANTS TO PUT IN WATER WORKS.
Independence Man Snhmlts-n Propo
sition to Dnllns.
DALLAS. Or., Aug. IS. (Special.) At a
meeting of the City Council this evening
David Calbreath, proprietor of the Inde
pendence water works, submitted a propo
sition to the city officials to put In and
operate a -system of water works here.
Mr. Cclbreath offers to put in a first-class
gravity and pumping system, that will In
sure the best fire protection and residence
supply. He plans to build a reservoir one
mile west of Dallas, on a hill that will
give 197 feet fall, put in a large main to
the city, and use smaller mains to supply
lire hydrants and residences. Double
stream hydrants will be put in. each of
which will sunply two separate lines of
hose. Mr. Calbreath asks for a certain
sum of money from the city, which
amount is not given out, owing to the
fact that other propositions are yet to
o'clock this morning they took .breakfast
at Frank Raymond's ranch, three miles
from Vansycle. They pretended to .be
looking for work. They looked haggard
and "were footsore and weary. They had
no horse.'
'Sheriff Taylor, of "Umatilla County, this
evening wired his force at Pendleton to
station men' between Adams and Thorn
Hollow, on the Indian reservation, as It is
believed the fugitives Intend to pass Adams
in the night, steal a couple of horses, pass
down TlTern Hollow, cross the Umatilla
River and get into the dense timber, of
the Blue Mountains.
At dark this evening the bloodhounds
were taken off the trail and fed, and are
now resting so as to be fresh to take up
the scent In the morning. Unless the rob
bers succeed in stealing horses tonight
and break through the cordOh the- will
hardly reach the timber, as the country
from Adams to the Blue Mountains Is all
open. Farmero are armed, and there is a
genuine Tracy-Merrill scare on In this section.
After holding up the Kentucky saloon
at Freewater the men were not seen
again until located in a sheepherders
be received from oUtslfle parties. He aslts I
tor a 20-ytar franchise, at the end of j cabin a fcw rallo3 wcst of Mllton on:Sat.
which time tne city nas tne opuon oi urday bv nnnutr Shrriir ninhio nf TTmn-
tum iuv- iiui "i""." i Ulia County, and a eourilo nf farmer.
who were assisting him. Deputy Richie
tratlon or1 selling to Mr. Calbreath at the
original cost price. The people of Dallas
are anxiously awaiting the opportunity
to vote for a good system of water works.
BARTLETT PEAR HARVEST ON.
Medford Crop Will Be Lnrcrer Than
Last Year and of Fine Quality.
MEDFORD. Or.. Aug. IS. (Special.)
The Bartlctt pear harvesting began here
in Mmrat thin mornlne. The ncars are
in excellent condition, and the growers I Rourke, of Walla Walla, went to Touchet
approacnea tne cabin and demanded a
surrender, and "was rewarded for his trou
ble by being shot in the leg by the fu
gltlves, who then pulled him off his horse.
rnd, mounting the animal, disappeared.
Rich!" was taken to Milton and his wound
dressed. The outlaws were not seen again
until Sunday, when they appeared1 at
Touchet Station, and attempted to hold up
a railroad man, who made much outcry.
and the fugitives again escaped. Deputy
expect a much heavier yieia tnan iai.
year. Tno pear crop is one wmcn nwi-
tates much care in handling ana aispaicn
in its shipment to -market. The Bartlctt
early Sunday, meeting there Sheriff Tay
lor. of Umatilla County, and together they
took up the chase after the thug. Rourke
and Taylor managed to see them late in
trees ate packed over three times durInff i thc evening, but failed to bring down their
the harvesting season, thus Insuring the ' men. after firing several shots. Sheriff
bpst errades as to size. The fruit 1M
gathered quite green, and each pear Is
nicely wrapped witn paper, ana is nponoa
during the period of shipping and being
placed on the marketl
Large crews of men arc at worK in the
orchards of Weeks & Orr. Gordon Voor
hles and E. J. DeHart, and at the packing-house
of J. A. Whitman, the buyer
It Is estimated that 45 to CO carloads of
Bartlctt pears will be hipped from Med
ford this season.
GEBR APPOINTS DOSCH.
Portland Man to Work for 1005 Fair
In Oriental Countries.
SALEM, Aug. IS. (Special.) Governor
Geer today appointed Henry E. "Dosch
as a commissioner to represent thc State
of Oregon in Japan and other Oriental
countries In securing from those coun
tries exhibits for the Lewis and Clark
fJxpcoitlon In 1905. Mr. Dosch is also ap
pointed to take charge of any exhibits
ivees, oi waiia v. alia, was notified to
come to the scene at Lowden Station,
west or uiia ttniia. He. in company
with Chief Kauffman. of Walla Walla,
and a posse, left Sunday night by train
end took up the cnaee, being Joined by
Guard Carson and the penitentiary blood
hounds this morning.
Tlw route the men are taking appears to
be In the direction, of Pine Creek. The
leader. Cofer, is an old-time bad man.
I having broken Jail from several Eastern
Oregon towns, and finally serving a terfn
in the Oregon penitentiary. He Is very
familiar with the country, being raised on
a farm near the Walla Walla River.
KNIGHTS
DOWN
A
HOME.
VOTE
Snpremc Lodge Decides Against
Sanitarium for Sick Members.
SAN FRANCISCO. Aug. 18. At the ses
sion o the supreme lodge of Knights of
Pythias today the proposition, to estab
that may be sent from Oregon to the j "" "L"i""S " prin5fi,-
Exposition to be held in Osaka. Japan. f af"" . , .
in 1903. The appointment carries no d ef? 5 e vole ,0f ? to ,f nd
salary vlth It. tho rfPrt o thef fPec al investigating
committee made at the last session was
I completely disregarded. It-was the voice
Forest Fires Still Raging. of the SUprcme lodge that It had no right
OREGON CITY, Aug. IS. Reports re- under its constitution to tax the members
eelved today from Springwater state that I of the order for such purposes. The su
the forest fires In that -locality, are still preme1 representatives, however, expressed
burning, ana much damage nas been aone. themselves as individually favoring a san
Several thousand acres have been burned itarlum if it could be obtained without
over. It Is impossible. to estimate the total taxation. This sanitarium question ha.4
loss or the extent of the nre on e.ccount : been before the supreme lodge for 12 years,
of thc heavy smoke. Should an oas.t wind
spring up, the fire would surely spread,
and great loss would result. Frank Busch,
of this city, who owns much timber land
near Springwater, has sent out a largo
amount of grass seed to be sown among
the ashes.
Williamson Visits Jetty.
ASTORIA, Aug. IS. (Special.) Representative-elect
J. N. Williamson, who Is
spending a few weeks at Seaside, was the
jruest today of Collector W. L. Robb on
a trip around the mouth of the river. The this city is drawing to a close.
but nr earn previous session It was re
ferred to committees until two years ago
when p. special committee was appointed
to make a final repcrt on the matter. The
Government offered to give a lease of flv
acres of land to the Pythlans for a period
j- of S3 years, for the purpose of building the
sanitarium. It was proposed to erect
buildings at a cost of $20,000, the expense
to be borne by a per capita tax of 10 cents
on each member of the order, to be levied
semiannually for a period of five years
Tho stay of the Knights of Pythias In
Aiany ot
quarantine steamer Electro was .utilized. the visitors have already left for their
and upon arriving at Fort Stevens a j homes, and otners are preparing to depart
ftpeclal train was waiting and the party t before rthe final business of the conclave
was taken but to the end of the jetty in 1 is completed. The final session of the su
order that Mr. Williamson might view i preme temple of the Rathbone Sisters was
the work being done there. F held tcls morning In Native Sons' Hall.
NORTHWEST DEAD.
Ex-Resident of Portland.
ASTORIA. Ausr. 18. (Special.) Will
nm J. Snvder. manv veam a boss atevc
dore in Portland, but for tne past lew
years an employe of tne iovernmeni at
Fort Stevens, died here last night, aged
54 years. His funeral win oe neiu weo
nesday.
Accused of Murdering Wife.
SEATTLE. Aug. 18. The police are -sat
isfied that the man who rented the boat
at Green Lake Saturday evening was T.
P. Newton, of San Francisco, and they
believe that grappling Irons will bring up
hut one bodw that of Mrs. Newton. The
police believe the murder was committed
for the DUrnose of robbery, as the woman
was Known' to . have a large amount of
money on her person. Circumstantial evi
dence Is at hand to convince the author!
ties that Newton deliberately upset the
boat In the lake, alldwlng the woman to
drown, while he used the oars to float
himself ashore. The upturned boat, with a
man's hat underneath, was found Sunday
morning. The laka will be dragged thor
oughly, and in case the body of the woman
only is found, a determined effort will be
made to hunt down the murderer.
A Dog's Long Fast.
GREENLEAF, Aug. 18.-(SpecIaI.)-On
July 21 Elmer Carlyle and hla brother,
John, went hunting with Elmer's dog,
When they got home the dog was miST-
lnir. and he never was seen again until
August 15, when John Carlyje, while hunt
mg in tne mountains on eisan ureex,
heard a bark which he recognized as
that of the musing animal. Thc sound
led him to a ledge of rocks which he rec
oghlzed as being one passed by him and
his brother on the day the deg was lost,
and here, in a pit ten feet deep and 2x15
In size, formed by a split In the rock
with perpendicular walls of boulders at
the ends, he found the half-famlshed
canine which had been 21 days without
food or water, but was still able to bark
for help and to walk home when res
cued.
Gcer on Tracr-Merrlll Rerrard.
SALEM. On. Aucr. 18. In resoond to a
miMtlnn tnrtnv f!ovrnor Cipov said he
knew of no further developments in tne
mnt f r of rwlvlnrr the rewards for Tracv
and Merrill, and that no claims had been
filed by any parties outride of the Cres-
ton. Wash., pcc for the Tracy rewara
Continuing he said:
Tho flnvminr of Orpeon has nothlnc
to do with offering or paying the reward
for escaped convicts. My opinion is mat
Mrs. Waggoner should be paid perhaps
hnif th MrrJii reward, ana tne lracr
reward divided equally between the five
men who actually capturea him, ana tne
boy Goldfinch."
Grasshoppers Attack Hop Vines.
satvem. Of.. Auir. IS. (Special.) A re
port has been received nero mat grass-
Jinnnrrn nttrirlcmi ft hOD vard a few mllCo
west of Woodburn a fvr days ago and
destroyed eight rows of hops, it is ai3o
reported that a tree near tst. iouis w
.ntl.al.f antlr1(ri nf fflllflCe bV
UlUlUOk -J v... - .
grasshoppers. These insects have been
seen In considerable numbers in several
nt,.. tn'thn wnlrfmptte Valley this sea
son, but so far very little damage has
been done. A dalrymarnear AiDany at
tributes the Ices of a part of his crop
of clover to grawhdppers.
Richards Asks for a Rehearing.
SEATTLE. Aug. 18. A rehearing in the
case of United States Marshal Frank H.
Richards, of Nome, convicted of contempt
of court by Judge Wickersham. has been
asked by his attorneys. F. C. Sulllvatn and
Albert Fink. The steams nip urcgon s pub
.Anfoi-e .innrt thnt on Aujrust 7 the attor
fmAii hofnro Jud?e Moore aftd
asked him to vacate tho Judgment entered
. wiMrrhiTTi. One at the reasons urged
for a rehearing Is becaupe. In tho opltjlon
ot tho defendant's attorneys, an appeal
cannot be taken.
, Smallpox Near Independence.
YKriRPEXTlKNCB. Or.. Aug. IS. Spe
.tai MKft of smallpox has made its
appeurancc about Zi miles from here. In
the home of Rev. W. N. O'Kelly. It Is In
a very mild form, and a strict quarantine
is In force.
j
' RECHEATION.
it iv ,n .nnv n flnv nf rpst nnrt
pleasure, iaae mc v.
Union depot at 9 A. M. for a short trip
up tne uoiumDia, returning, ura,
tJL fnm fn ir1. T.nrkt. Tickets and
particulars at O, R & .N. ticket office.
Third and wasnington.
Are unlike all other pills. No purging or
pain. Act specially on the liver and bile.
Carter's Little Liver Pills. One pill a
dose.
a.
USED
PIANOS
-Being Sold This Week at Almost Half Their Value
If ycru think of purchasing a piano and are willing to take one
that may not be absolutely new, and yet look in. every respect
like new, you will be greatly interested in thc collection of slightly
used uprights in our store j'ust now. The variety is very large
and thc prices are wonderfully low. There are twenty-seven, up-
rights at this writing, of which about a dozen are instruments that
have been at rent for a few months. -Thc rest are new pianos by
makers outside of our regular
lines, and good uprights th'at
were taken in part payment
of higher-priced pianos and
thoroughly overhauled before
offering for sale. The par
ticular point we wish to
make is that each of these
IS as good as new. Each is
guaranteed in precisely the
same way as if it were new,
and all arc subject to EX
CHANGE IF NOT SATIS
FACTORY after three or
fnttr mnnthi' use in vour
V-1 .
"yWtjjKi.su. home. Look at the prices.
We purposely make figures so exceptionally low in order to
'quickly dispose1 of this stock 6"f slightly used pianos, that is con
stantly being added to by other instruments. There are good
pian6s at as low as $150 and $160, that are worth $225 and $230,
and there are some splendid instruments for which we ask $250
and thereabouts that are splendid value for $350 and $375- The
price in every' instance makes each a genuine bargain.
Just now there are numerous pianos even below $100. s"cven
pianos ranging from $135 to $225. four at prices between $215 and
360, and three that arc priced $305 and over. Many celebrated
makes are represented among this stock, such as Singer, $160;
Whitney, very fine, $250: Hardman, nearly nc largest size, $275;
Fischer, small size, $85: H. F.-Millcr, rosewood, $95; Fischer. $155;
fine mahogany Kimball, used only two years, $290; anr.hcr in
burled oak. $318; a Stcinway, dark case, $190; Chase, fancy wal
nut, $250: Baile, fancy rdscwood case, $175; another, nearly new,
$215; Doll, largest size, mottled walnut case, $186; Leicht, fancy
mahogany case. $183: and in square pianos, fine Steinway, $75:
Gale, $40; Whitney. $64; and a beautiful genuine rosewood cased
Weber, one of the finest square pianos we have ever sold, for $135.
You can have almost any instrument in the whole collection on
a payment of ?io down when taken and a promise to pay from $4
to 8 a month- for the balance, according to value.
E1LERS PIANO HOUSE
Remember the street number, 351 Washington street,, opposite
Cordray's Theater.
cm H
BIG TIMBER LAND DEAL
8100,000 TRANSACTION IN TH- PA-
LOUSE DISTRICT.
Mill "Will Be Enlnrxed to Meet the
Greatly Increased Demand
for Lumber,
roLPAY Wnsh.. Ausr. IS. (Special.)
An Important sale of timber lands has
been made by the Northwestern. & -Hypo-theekbank
to- the Palouse River Lumber
Company, of' Pafouae, the. consideration
being- 5100,000. The lanus ue a.ong me
-Pnlniian TJIvor In Tflnho.i enBt of PalOUSC
where thc lumber company's big sawmill
Is located, and include 14,700 acres of land.
all covered with white ana yeuow pine,
ni onri tnmoni'if The terms of the sale
are 523,000 cash and J2O.0C0 annually, to
bo paid on or before April 8. 1003-4-5. and
$15,000 on or before April S, 1005. Tho com
pany agrees to pay jlo per acre ior any
land from which It desires to tako the
timber before the timber is cut, and this
nmouht is to be credited on the next pay
ment of $20,000. A deed to the land Is to
be given before the timber is taKen irom
tho land, and the mill company nas tne
ritht to nav for 610 acres at a time and
secure a deed to that amount of land.
In this way It will be enabled to cut tne
timber without haying to pay for all the
land, and can keep Its big sawmill run
ning with the logs taken from the lands
thus paid for.
Thr. sawmill at Palouse. which is now
running on a drive of 6,500.000 feet, Is to
be enlarged ana the capacity increasea
to at least 10.000,000 feet per annum, and
a Ihiva fnrr of men Is now In the woods
cutting logs for a drive to be made this
fall, if there Is sumcient water in tne
river to permit of the timber being, float
ed down to the mill. There has never
been so much building In the Palouse
country since the "boom" days of the
early '90s.
Eighth Field battery now on Its way from
Seattle to Vancouver Barracks will be
at Oiympia. The battery, under command
of Captain AVilllam H. Kenley. Is ex
pected to arrive here next "Wednesday,
and will remain several days.
Lonpr Trip for Forest Supervisor.
ASHLAND. Or.. Aug. IS. (Special.) S.
C. Bartrum. Forest Supervisor of the
Southern district, who has been Inspecting
the Ashland reserve, started this morning
for a long trip over the Cascade reserve.
He will go via Lake of the "V00d3. Fort
Klamath. Diamond Pqak and recross the
mountains by thc old military wagon road,
coming out at Eugene. The trip will take
about three weeks.
Lose His Bnlonce ijnd falls OO Feet.
THE DALLEsNdr., Aug. IS. (Special.)
"While carrying tools up a ktdder to the
roof of the Courthouse today Albert "Wal
ter, of this city, lost his balance and fell
a distance of 30 feet onto the roof of the
County Jail, sustaining a fracture of six
rlbsa broken wrist and concussion of the
spine. Physicians consider his recovery
doubtful.
Stabbed by Friend of Dewperado.
SAN FRANCISCO. Aug. IS. A special
from Maricopa, Ariz., says:
Leonardo Torres and Captain Gomes, of
the Canen. Mexico, special police, were
fatally stabbed by 'friends of a desperado
whom they had arrested and were at
tempting to convey to prison. The mur
derers made their escape. ,
Dlllnrd Remanded to Jail.
SEATTLE. Aug' 18. W. H. Dlllard.
wanted by the United States authorities
at San Francisco for issuing 42 false Chi
nese certificates, was examined by United
States Commissioner Klefer today. and was
remanded to the County Jail pending the
arrival of the California officers.
TI3IBER ACT TO BE TESTED.
Speculator Fall to See Why They
Should Be Barred as Purchasers.
OLYMPIA. Aug. 18. A test of what is
known as the McCoy timber act pasned
by tho last Legislature Is to be made in
the couruT of the state. The act re
ferred to Drovldes that In cases where
state lands have a stand of over 1.000,000
feet of timber to the quarter section the
timber shall bo sold separate from tne
land. A recent opinion handed down by
Attorney-General Stratton holds that the
Intent of the law Is that land Having over
1,000.000 feet of timber on It cannot be
sold at all: but that the Umber can De
eold under contract to remove same In
three years.
The following by the Land Commission
er of the Attorney-General's opinion, has
had the effect of entirely shutting out
purchasers of timber lands for specula
tive purposes. There are also a number of
cases where mlllmen nearly three years
ago purchased timber without the land,
who have found themselves unable to
remove the timber within the specified
time. They now wish to purchase the
land to keep the timber from reverting
to the state, but under the interpretation
of the law by the Attorney-General, can
not do so. A number of suite have been
threatened, hut the first to be filed Is
by Oregon men, who applied to purchase
a heavily timbered section of land In.
"Wahkiakum County. They appeal to the
Superior Court from the order of the
Board of the State Commissioners can
celling their application to purchase. The
appeal is filed by J. H. "Walker, of 'Oregon
Sty, and his attorneys are Hedges &
rlffllth, of the same city.
Drowned While Drlvlnpr Lor.
EUGENE, Or.. Aug. 18. (Special.)
Thomas Moore, foreman of a logging1
crew driving logs to the Corvallis saw
mill. was drowned near the mouth of the
McKlnzie River Saturday afternoon. His
home is in Corvallis. and he leaves a wife
rind five children. The body has not yet
been recovered.
Oregon Land Salt Dismissed.
SAN FRANCISCO. Aug. 18. The suit of
the United States against B. A. Duchow
and Arthur D. Dtschow was dismissed to-
Cllng to Boat for-Dny to Be Saved.
WHATCOM. Wash.. Aug. 18. (Special.)
Jerry Finn, who was reported drowned
Saturday mornlne. was picked up yester
day by a passing steamer. His f.shboat
capsized while sailing from Anacortcs to
Whatcpm. and he clung to the upturned
boat until rescued. Over a day oK ex
posure had riearly exhausted him. and he
was found In the nick of time.
(Jerry Finn is the son of Mra Patrick
Finn, of 400 Sacrimcnto street, Portland.)
Accepts Call to Anhlnnd Church.
ASHLAND. Or.. Aug. IS. (Special.
Rev. Phllo Fuller Phelps, of Salinas. Cal.,
has accented a call to the First Preshv-
terian Church of this city, and will enter
upon his pastorate about October 1.
nearular to Camp at Oiympia.
OLYMPIA. Aug. 13. (Special.) Adju-
nnf.floneml Tmln hns rrp!vff1 Tvnrr! thnt
the next camp of any duration s by the
"Shut yovp eyas, oen your mooih
mad sea what luck well bring you."
The mother smiles at the childish
game, and doesn't realize that it is a
game she as a woman has perhaps
played for a great many years.
Many a woman is weak and sick,
nervous and discouraged. She suffers
from headache, backache and other ills.
She wants to be well, but all she does is
to shut her eyes
and open her
mouth for medi
cine and trust 0
luck for results.
She "doctors"
month after
month, often
year after year,
in this same
blind, hap-hazard
fashion, and re
ceives, no perma
nent benefit.
Women take
Dr. Pierce's Fa
vorite Prescrip
tion with their
eyes open to the
fact that it cures womanly ills. It cures
irregularity. It dries debilitating drains.
It heals inflammation and ulceration and
cures female weakness. There is no
trusting to luck by those who use
w Favorite Prescription."
nMy disease was displacement and ulceration
of the uterus, and Itras in a. terrible condition
with pain and -weataess and had given up all
hopes of ever being well asrain." writes Mrs.
Harry A. Brown, ot Orono. Penob.cc; Co.. Me.
"Had doctored" with four different doctors with
in four months, and instead of getting better
was gttrwing weaker all the time. I decided to
try your ' Favorite Prescription.' Golden Med
ical Discovery.' and 'Pleasant Pellets.' as I had
heard of thc many cures resulting from their
use. I bought five bottles and felt so much bet
ter after taking them that I kept off until I am
as well, as ever in my life, and to Dr. Pierce all
the praise is due. I cannot say enough in favor
of his medicines. Before I began taking your
medicines I only weighed one hundred "and
twenty pounds. I now weih one hundred and
sixty pounds, I gained forty pounds in six
months. I shall doctor no more with home
doctors, as it is only waste cf monev. I am now
in perfect health, thanks to Dr. Pierce.''
Dr. Pierce's Pleasant Pellets clear the
muddy complexiw-
i
V h
4
day by the United States Circuit Judge
Jorrow. The Government claimed mat
the Duchows obtained a patent to certain
timber lands In Oregon through fraudu
lent testimony and asked for the can
cellation of the patent. Judge Morrow
decided that the charge of fraud had not
been proved.
Lostcer Crushed to Death.
EVERETT. Wash., Aug. IS. At Buck's
logging camp, near Sultan, a workman
named Hanklns. who was acting as flre-
man on a donkey engine, was killed yes
terday by being crushed under a burn
ing log. He has relatives in Falrhaven.
The dead body of a Slwash was found
floating in the river at Arlington to
day. The discovery caused the arrest of
an Indian on the charge of murder.
MAN'S MISSION ON
EARTH.
Medical Boole Frre.
"Know Thyself." a book tor men only; re,
ular price. 50 cents, will be sent free (aealed
postpaid) to any male reader of this paper, u
cents for posiase. Address the Pea body
Medical Institute. 4 Bullfinch street. Bat
ton. Mass.. esiaDllshed In lbtK. the oMet and
best In America. Write today for free book,
"Th Key to Health and Haplnetw."
XiUllUr OUUUJ Medical Institute has been
a fixed fact, and It will remain so. It Is as
standard as American Gold.
The PeaDody Medical Institute has many
Imitators, but no cua!s. lloston Hercld.
Scott's Santal-Pepsin Capsules
POS3TBVE CUBS
For Inaamnatloa er Catarrh
ot the Bladder and Diseased
Kidneys. Vo cure no psy.
Cures quietly and Perma
nently the worst cases of
Gonorrhoea- nndlct,
no raattTofc''Tr Iocs stand
ing. Absolutely harmless.
Sold by draorists. Pries
31.00, or by rarll, postpaid,
$1X0 bore3 , 52.75.
THE SAUTAL-PtPSlN
,V---i-- 3CLUCFONTAIME. OHIO.
L.ATJE-DAVIS DRUG CO- lortlanil. Or.
json
Is the worst disease on earth, yet the easiest
to cure W HEX YOU KNOW WHAT TO DO.
Many have pimple?, spots on theski. sores in
the mouth, ulcers, falllnp hair, bon pain, ca
tarrh; don't know it la 11L.OOU POI?ON. Snd
to DR. liHOWN. 033 Arch St.. Philadelphia.
Pa., for BROWN'S BLOOD CURE. $2.00 pel
bottle, lasts oni month. For sale only by
Frank Nau. Portland Hotel Pharmacy.
Bla O is a non-poisonoa.
I remedy for Gonorrhoea,
I Gleet. Spermatorrhea,
I Whites, nnna.tars.1 air
charge, or any lnnmma
tlon of in neons wen?
llEtMSCHEMICAlCo. branw. Non-astringent.
Stmn.0.1 4 Sold by 3?csrUt,
or sent la plain wrapper,
by espreM. prepaid, foi
fi.cn. or 3 bottles. $2.75.
v-, Circa Ur eca ca xtasn.
ta ltoSlyu j
QainaMd Yj
I-AAlPraTtsts roauxtoa.
VAC