THE MOKOTNG OBEGONIA SATURDAY, OCTOBER 18, 1902.
SLOTS ARE CLOSED
Every.Mabhlne in City Ceases
to Swallow Nickels.
BY ORDER OF THE SHERIFF
He Str.rts Crusade at Same Time as
Constable, and Say Machines Win
Stay iaie-Iiord Says He "Will
Kew EHforce Similar Law. .
"The Blot machines are out for keeps,"
says Sheriff "W. A. Storey.
In company with his deputy, -Fred D.
Matthews, the Sheriff started yesterday
morning on an effective crusade against
the cigar nlckel-in-the-slot machlnea At
the same time Constablea Adklns and
Jackson, working Independently, also
began a tour, ordering all machines of this
ldnd from the counters of cigar stores and
ealoona Last evening not a machine In
any part of the city was running, and the
clang of the tireless devourers of
nickels is stilled. About 450 machines
wera ordered off the counters yesterday by
the four officers, and those who from their
more remote location had received no or
ders took warning from the effect of the
mandate Issued down town and quickly
stowed the machines binder the counter.
"Vrv rf Via ,J
via. waii iucu .iiiu.ue xeuiuu-
strance against the curt order, for they
fully understood that the machlnea had
been running on suffrance or for po
litical purposes, and, having lived through
several such periods of enforced quietness
on the part of the machines, apparently
believed that this would be, as were the
former crusades, of short duration. The
Sheriff, however, says that as long as the
present law holds good it will be en
forced. Machine Oat to- Stay.
"Now that they have forced me Into the
fight, I'm going to rigidly enforce the
law," he declared. "I have also told the
cigar men that they need not try to evade
the law by plugging up the slot, for the
gambling part of the machine will run
just the 'same, whether they receive a
cheap cigar over the counter for every
nickel or not."
This scheme of "beating the devil around
the bush" was trledlast year, and was In
operation for some time. By whose per
mission the plugs were removed from the
slots is hard to determine.'
"My action was not Influenced In any
way by Charlie Lord and his reform move
ment," said Sheriff Storey. "I consulted
my attorney, and he advised me to go
ahead. The law is plain enough in forbid
ding such machines, so we started to order
them out, and they are out for keeps."
The law to which the Sheriff refers 4was
passed last year, and reads as follows:
"What the Lair Says.
"Section L Any person or persons who
shall conduct, maintain or operate, either
as owner or owners, proprietor or propri
etors, lessee or lessees, employe or em
ployes, agent or agents, or who shall play
or use any nickel-ln-the-slot machines or
other device of like character, wherein
there enters any element of chance,
whether the same be played for money,
checks, credits or other thing -representative
of value, shall be jgullty of a misde
meanor, and upon conviction shall be
punished by a fine of not less than $10 nor
more than 5100, and in default of the pay
ment of the fine imposed shall be Im
prisoned in the County Jail one day for
each $2 thereof.
"Sec. 2. In all prosecutions under this
act for conducting, maintaining any such
machine or device, proof of the posses
sion of such machine or device, or per
mitting the same to be or remain in any
public place owned or controlled by the
person eo prosecuted, convenient for use,
shall be prlma-facie evidence against such
person of "violation of this act,
"Sec S. One-half of the fine Imposed
in any conviction under this act shall be
paid to the person who is the private
prosecutor in the case, and the other
half shall be paid Into the country treas
ury of the county wherein such convic
tion was secured, for the benefit of the
school fund.
"Sec 4. Justices of the Peace shall
have concurrent Jurisdiction with the
Circuit Court in all offenses arising under
this act."
.IiOrd Is Jubilant.
"We have drawn first blood." declared
Charles F. Lord, attorney of the mysteri
ous Law Enforcement League. The face
of the ex-Prosecuting Attorney was
-wreathed in triumphant smiles,, and he
evidently considers that the action of the
officials is due to the crusade of the Law
ZEnf orcement League, as represented by its
Attorney.
"Wo are going to proceed by prohibiting
.one thing at a time," continued that gen
tleman. "The next will be the Sunday
closing law, and I believe that we will
tbave equal success with the enforcement
of that statute
"The bucket-shops will .come in later.
It is very hard to get positive proof
agalnBt those people, as I found while
Prosecuting Attorney, but they are no
Jess places of gambling than a regular
gambling-house, and violate the law Just
the same"
Sheriff Storey remarked that the cigar
anen were raising a. howl that could be
theard to Astoria, but, the majority of
those asked as to the matter said that it
made small difference to them.
"I have sold just as many cigars today
as I did yesterday," declared Councilman
Mat Foeller, who has a stand In ..the
Chamber of Cfmmeice. 'VMy actual profits
from the two machines were not more
than 51.25 per day, and if I can't do busi
ness without that, I'll quit. A machine
takes our time, and while one Is being
played we cannot attend to other custom
ers. Of course, otier stores in different
locations do a big business wfth their ma
chines, but it affefcts me very little. The
treat harm is the pbustom of playing back
what cigars are won into the machine."
Whether or "jiotf the enticing machines
will ever again make their appearance is
o difficult question. The periods of pro
hibition have never been more than six
months, and the fact that Mayor Will
iams, who ihas constantly and consistently
Instituted reform movements of a con
servative nature, does not consider the
machines particularly harmful, will doubt
less have great influence on the length of
their stay Pindar the counter- The Chief
of Police apparently considers that he
has troubles of his own, and has taken no
action to support the Sheriff's office. At
torney Lord 'declares that both the Chief
of Police and the Sheriff would have been
arrested yesterday had not the machines
been stopped. It is impossible to tell how
many machines have been In operation
here for the past few months. Every
cigar store and many of the fruit stands
throughout tha city owned them. Saloon."
of a certain high class did not display
them, but the: East Side saloons, which
cater largelySrto the -workmen's trade,
found them vy profitable.
Mayor Sec Xo Harm in Them.
"I do not ee anything particularly
wrong about the machines," said Mayor
Williams, in answer to an Inquiry y ester-,
day afternoon. "Here." added the Mayor,
"is something that may throw a little
" light upon theisubject," and he passed a
copy of a NewtYork paper containing an
account of the' operations of the ma
chines in Chicago. The article stated
that the reinstatement of -the cigar ma
chines had been brought about by the
Chicago OgarJ JDeilcrs Association, with
the assistance of Mayor Harrison, who
hid declared that the crusade .against
the machines was a quixotic affair at the
best, and, considering the work the police
had to do, It was "putting the force on a
pretty small crusade"
"I will not," said the Mayor, when the
paper was returned, "allow any public
gambling. If there is any way to prevent
It. Victims are too many. Only this
morning a man came Into my office and
told me he had lost $40 of his own money
and $60 of another man's money In a
gambling game in the Gem salopn. He
asked me if he had any redress", and I
referred him to the Chief of Police. Later
I heard that ho did not want to undertake
prosecution, as he might himself bo held
on a charge of having embezzled the $60
Intrusted to him by his friend. He was
afraid to sign a warrant for the arrest of
the people who he said had victimized
him, and so I instructed the Chief of Po
lice to hold him as a witness until the
case shall come up. '
"I do not believe there Is any fway to
stop gambling, prostitution or the sale of
liquors after hours. But I do believe
that there Is a way to repress those evils
to keep them out of the public view.
The gambler will always find a place and
a companion to gamble, but if we keep
him out of the public house the country
boy and the countryman will not be
fleeced. Neither will they be Inveigled
where vice Is hidden, and the great class
of people Is protected from Its snares.
"It Is the duty of the city government
to repress crime and to uphold themorals
of the city. We have many laws that are
not enforced and that are not expected to
be enforced. They relate to trifling Ir
regularities, and while they should not
have been enacted, they were enacted,
and once In a while we have a new one
now."
Mayor Williams was asked If the city
would take anySpart in the Sunday clos
ing movement which Is spoken of, and. he.
said that the. matter was under the juris
diction of the Sheriff. The Sunday closing
law was a state statute, and fines de
rived from convictions went to the state
funds.
MR. HAUPT REJOINS.
His Jetty Han Proved Efficient Critlo
Did Xot Give All Facts.
PHILADELPHIA, Oct. 1L (To the Edi
tor.) The -communication In your Issue
of the 5th Inst., signed "Engineer," would
be ignored but for the fact that the
statements made therein may mislead the
public and are detrimental to the general
interest; Your correspondent claims to be
familiar with the work at Aransas Pass,
and makes a few comments upon the his
tory of that work, but stops when he
comes to the results secured and adds
that Aransas Pass- "Is still waiting for
its bar to be improved."
He neglects, however, to state that be
cause of the inability of the private
parties to raise sufficient capital to com
plete the work it was conveyed to the
Government more than three years ago,
when an appropriation was made for the
removal of the Government obstructing
jetty, but this has not yet been done, and
as currents cannot scour away rock
which lies at a depth of 15 or 16 feet, that
portion of the channel Is still obstructed,
while the unfinished breakwater, which
was abandoned In 1S96, has given a chan
nel nearly 20 feet deep up to this old
jetty, by natural scour and control of a
feeble diurnal tide In other words, al
though the Government "and private par
ties together had expended over $700,
000 In futile efforts covering over 20
years, this breakwater has secured phe
nomenal results in the face of physical
obstacles, both , natural and artificial, at
a cost of considerably less than one-half
Old boy,
that sum in a few years. The pilots, the
life-saving keepers, ship captains; and the
engineers in charge of the work all unite
In pronouncing this a "wonderful" re
sult and far greater than their expecta
tions. Tour correspondent, however, appears to
differ with them and attempts to create
the Impression that the work Is purely
theoretical and that It would not be wise
to permit this plan to be applied to the
problem at the mouth, of the Columbia.
If theoretical Ideas are never to be tested
because they are theoretical, all progress
would cease. But this system has long
since passed the theoretical stage, and
Congress Is- so. well satisfied with Its
great economy and efficiency that it has
adopted this plan for the completion .of
the work at Aransas Pass, making an ap
propriation therefor and requesting the
Corps of Engineers to execute It as de
signed. If your correspondent would kindly at
tach his ' name to his opinion the public
might be better able to form some idea
of its value.
All engineers must rely upon careful
hydrographlc and physical surveys for
their data, and to these I have ample
access. It has been my desire to relieve
the congested condition of the commerce
of the Pacific Coast, and I am quite fa
miliar with the conditions existing on
your bar, from personal observation.
Please accept my thanks for the consldl
erate attention which you have given to
the plans I have had the honor to submit
to the War Department for the solution
of this very Important problem.
LEWIS M. HAUPT.
Cholera Morbng.
This Is an extremely dangerous disease
In almost every neighborhood some one
has died from It. and In many instances
before a physician could be summoned
or medicine obtained. Mrs. E. H Delano
of Durant. Mich.. Is subject to severe at
tacks of cholera morbus. During the past
nf C harnhprl"! n'o lVH nui .
" wul, iiuierit ana
Diarrhoea Remedy, and says It has always
I'iven her nulok nl!pf. T. v.t tL-
jv M.v Willis jl xi. xnis
remedy can be depended upon In the most
f i . , ; saie way
jir. Far sale by nil OnieciRta.
ffeJ III
OLD TAXES NOT A LIEN
THOSE LEVIED. U'DER STATUTE OF
. 1SG5 ARE A PERSOXAL DEBT. .-
Judge Sears Announces - Important
Decision Charge . of Bribery
Made in Court. -
-Judge Sears yesterday decided that
taxes levied under the statute, of 1SG5,
which was In force until a year ago. are
not a Hen against the real property, but
firs a nprsnnal debt of the owner of the
'property to the state or county. The de
cision is a. very important one, ana will
probably ' have u far-reaching effect In
defeating- the claims of . speculators hi
tax titles.
The decision was rendered In the suit of
J. H. Middleton against F. M. Moore and
Victor Land Company to foreclose a
mortgage for $700 executed by Moore-' in
1S92 on lot 8, block C, Cherry dale,, "with
Improvements. The Victor Land Company
holds a Sheriff's deed to the property, ex
ecuted June 6, 1902, on. account of a sale
for taxes for 1897, and also a deed from
Mooro of a later date. On this title the
Victor Land Company claimed absolute
title, free from the Incumbrance of the
mortgage held by Mlduleton.
The question to be decided by the court
'Ctoros of 3Wfcrig;
Seai!0dear!OaceccIJ:
bier zwei bier; drei bietj
cupatiote 2on
occupations
airit no fun no. mnr
etc
was Whether the tax sale created a new
original title In the purchaser, or wheth
er . it simply conveyed to the purchaser
the interest the owner of the-land had; In
other words,, an interest subject to
mortgages, liens or other Incumbrances
against the owner, of the land.
Judge Sears held that the purchaser at
the tax sale simply stands In the shoes
of the owner; that the tax deed Is simply
the Interest of the owner, whatever that
might be, ind Is not a Hen upon the land;
that the property s subject to any mort
gage or Incumbrance and the tax title
would not cut It out. The court found
that the extent of the purchaser's title at
a tax sale depends on the statute In each
state. "
Judge Sears referred to a decision of
Judge Hanford' In the United States Court
In which the latter held under a similar
statute that a tax title Is-purely a deri
vation, and that a tax title conveys only
the Interest of the delinquent, or owner.
A decision of Judge Gilbert was also read
where he held that the tax 3ale conveys
only the Interest of the one In whose
name the property was listed.
In conclusion Judge Sears held that
prior to the kvw of 1901 a. tax Is not a Hen
on the property. The point passed upon
by Judge Sears was" discussed by V. K.
Strode, attorney for the plaintiff, In his
brief, as follows: j
"There was no provision under tho
statute for a Hen till the "LegLsaturc In
1901 spoke positively, saying. 'All taxes
which may herea'fter be lawfully Imposed
or levied upon 'real property shall be, and
are hereby declared, a Hen on such prop
erty from and Including the day. on which
the warrant authorizing the collection of
such-taxes Is Issued, until they ehould be
paldSor until the title shall rest In the
purchaser upon sale for such taxes.
" 'Such lien shall have a priority -to and
shall bo fully paid and satisfied before
any and every judgment, mortgage or
other Hen or claims whatsoever, except
the Hen for taxes for a subsequent year.' "
Under this decision original owners of
property who owe back taxes could be
held, as the tax Is a personal debt against
the owner, but mortgagees or others whe
have apquired property on which there Is
back taxes due -might escape payment.
WAS A WITNESS BRIBED?
Mr. John Pngrh Says Her Husband
Was Paid to Stay Prom Court.
Did John Pugh, of Vancouver, Wash.,
receive a money consideration to absent
himself as a witness at the trial of the
suit of C. H. Fletcher against C.
Schmalze, Clone Bros., garnishees?
Mrs. Pugh testified before Judge Cle
land yesterday that on Wednesday even
ing E. M. Green, an attorney of Van
couver called at her home to see her
husband, and had a private conversation
with him. She said that after Green
went away that her husband told her
Green had stated to him that he repre
sented Judge Pearcy and would' pay him
$10 If he did not appear as a witness in
this case. The conversation between
Green and her husband occurred in the
front room of the house, behind closed
doors. Mrs. Pugh was excited. She said
her husband left their home on Thurs
day morning, and she had not seen him
since, and could ascertain nothing of his
whereabouts. She supposed when he left
he had started for Portland to attend the
trial.
Her daughter testified that Thursday
night somebody was watching the house.
Lou Harlow, attorney for Fletcher,
handed Judge Cleland a letter, which
Mrs. Pugh received from Green In answer
to inquiries made by her concerning her
husband, of which the following Is a copy:
Vancouver, Wash., Oct. 16. Mrs.
Anna Pugh, Vancouver, Wash. Dear
Madam: Yours at hand asking me to let
you know where Mr. Pugh Is. Now this
I would gladly do If I knew whorA tin ia .
) but I do not, consequently I cannot tell
you wnere ne is. lou say that you un
derstand. Mr. Con's lawyer was In my of
fice yesterday. Now as to that he may
have been, for there were two or three
lawyers in my office yesterday, but I did'
not ask. them whom they represented as
I did not think It anv of mv hncinD.
I you say this was Judge Pearcy. I will
sa mat nr. iJearcy was in my office
yesterday, he was also In Mr. McCredle's
office; In fact Mr. Pearcy Is In mv office
nearly every time he cames to town, as he
and I are on good terms and we have
considerable business together. In a pro
fessional way. Now Mrs. Pugh If J could
tell you where he was I would do so. As
I do not know I cannot tell you. You
seem to know more about where he said
he was going yesterday morning that I do
Now you ,say that if I let you know
there will be no trouuble, but if I do not
there might be some trouble. Now as
to that I do not care anything about, for
I am not his keeper, and you cannot
cause me any trouble, as I do not know
where he Is. If I did I would tell you,
but my advice to you would be to be
careful, before you try to make any
trouble, as sometimes people get them
selves Into trouble by trying to attend
to other people's business, but as I am
unable to give you the Information you
desire, as It Is not within my power so
to do, and hoping that Mr. Pugh will
come home all right, I am very truly
yours . E. M. GREEN."
Attorney J. N. Pearcy, who appeared
for the defense in the Fletcher suit, ad
dressed the court statlncr ihnt ho vn
i nothing about' the statement made by
lurs. jrugn. air. pearcy showed the court
a certified copy of the proceedings In an
adultery case in which Pugh figured
20 years ago. This was to have been
introduced at the trial if Pugh appeared
as a witness. Attorney Pearcy In exhlb.
Ulng the paper to Judge Cleland evidently
desired to convey the impression that it
was fear of this exposure which kept
Pugh away from the court.
On account of the absence of tho wit
ness, the trial, on motion of counsel for
the defense, was continued indefinitely.
The suit of C. H. Fletcher against C.
Schmalze and Cone Bros., garnishees,
is to Tccover $52. A garnishment was
issued against Cone Bros., who, It was
alleged, had purchased 15,000 feet of logs
from- Schmalze. Pugh wa3 one of the
principal witnesses, because he scaled the
logs.
DAMAGE SUITS SETTLED.
Southern Pacific Pay Mr. "White
and aim. Fish $2250 Each.
The damage suits of Mrs. R, M. White
and Mrs. S. L. Fish against ,the Southern
Pacific Company on account of the kill
ing of their husbands, who were engineer
and fireman respectively, In a Jtrainwreck
at Salem, have been compromised. Pe
titions were filed in the County Court yes
terday by the two women as administra
trixes of their husbands' estates for per
mission to accept $2250 each In settlement.
They both filed suits in the United States
Court for the statutory amount of dam
ages, .$5000 each. The Fish case was
tried some time ago, and the jury dis
agreed. Will of John B. Clark.
The will of John Bernard Clark, de
ceased, was admitted to probate In the
County Court yesterday. To Elizabeth
Ann Clark, a daughter, residing in Nova
Scotia, two lots In Ettenbrook, Canada,
are bequeathed, and to" Frederick John
Clark, a son living In Toronto, two lots
In Toronto. The remainder of the estate,
consisting of property In Alblna and Port
Angeles, Is devised to Annie Clark, the
wife, Jennie Clark and John B. Clark, Jr.,
children of the testator. William Love
lock ii named as executor.
' Smith Trial Postponed.
The trial of George Smith on a charge of
murder was postponed yesterday morning
by Judge George until Monday, on account
of the Illness of Chauncey Ball, one of
the jurors. Mr. "Ball's physician tele
phoned that his patient was suffering with
a slight attack of congestion of the lungs
and It would not do for him to leave the
house. Under the circumstances nothing
else could be done but to suspend the trial.
Final Acconnt in Conner Estate.
The final account of H. F. Conner and
Wl L. Brewster, executors of the will ot
John Conner, deceased, was filed In the
County Court yesterday. The report shows
$30,224 receipts, and $15,125 disbursed to
Adrlana B. Conner. The remainder - of
the property Is held by H. F. Conner and
W. L. Brewster, trustees under the will.
The estate la valued at $80,625, and the
real estate at $53,690.
' Articles of Incorporation.
Articles of incorporation of the Water
Front Land Company were filed in the
County Clerk's office yesterday by Phil
Metschan, Louis G. Clark and W. M.
Kllllngsworth. The capital stock Is $7500.
The objects announced are to purchase
and own a certain 18-acre tract of land In
the northwest corner of the James John
conation land claim.
Divorce for Mary E. ITnlcer.
Mary E. Baker was granted a- divorce
irom Charles M. Baker by Judge George
yesterday, because of desertion. Mrs.
Baker testified that they were married In
Coos County In July, 1896, and tht her
husband left her 18 month ago. She said
he was a logger, but drank to excess, and
she was compelled to work to support him.
Denies He Sold Liquor to Reds.
In the United States District Court yes
terday James Tronson, accused of selling
liquor to Indians, entered a plea of not
guilty through his attorney, W. S. Huf
ford. No date for thetrlal was Het. It
Is alleged that Tronson sold liquor to In
dians on the Siletz reservation, -and that
he had accomplices In the act.
Court Notes.
Victor Larson has filed an attachment
suit against A. Frledberg, to recover $150.
Llvesly & Co. yesterday filed suit In the
State Circuit Court against the South
ern Pacific Company and Jake Crlder to
recover possession of 35 bales of hops,
valued at $40 per bale.
JANITOR'S FINE REMITTED
Governor Gecr Takes Action in Case
of John Whltehnrst. '
SALEM, Oct. 17. (Special.) Governor
Geer today remitted the $25 fine Imposed
upon John Whltehurst, janitor of Park
Street School In Portland, who was con
victed of assault and battery upon a
boy named Gilbert. Whltehurst forcibly
ejected Gilbert from the school grounds.
The School Board, and the principal of
the school recommended the remittance
upon the ground that It would be benefi
cial to the discipline of the school.
(Janitor Whltehurst was tried and con
victed of assault and battery upon young
Gilbert during the 'summer vacation. At
the time Whltehurst declared- that Gil
bert and other boys had been running
through the Park School yard and he
had warned them to keep off the grounds,
as trespassing was not allowed. Gilbert
crossed a second time and he asserted
that Whltehurst slapped him and knocked
him down. Whltehurst. who had been
In the employ of the district for years,
said that he had simply taken the boy
by the shoulder and ordered him to leave
the school grounds. The' recommendation
that the fine be remitted was made by the
Board of Education at a meeting a short
time ago.)
WITH BALDWIN TCO MORE
Zclglc-r Done With Explorer, hut
Will Agrnin Try to Reach. North Pole.
NEW YORK, Oct. 17. As a result of the
investigation- madeN and conferences had
by William Zelgler, who supplied the
funds for the Baldwln-Zelgler Polar ex
pedition, with various members of the ex
pedition since their return, Mr. Zelzler
announced today that the business rela
tions between Evelyn Baldwin and him
self had been severed. Mr. Zelgler de
clined to give any details, but announced
that he Intended to continue his efforts
to reach the North Pole, and would send
another expedition to make the attempt.
C. F. Lord. Gives Thanks.
PORTLAND. Oct. 18. (To the Editor.)
I notice In . your Issue of yesterday that
one R. Livingstone asserts that I have
no connection with the Law Enforcement
League of this city. The league of
which he claims to bo president, organ
ized, published a very neat set of by
lawsand died. In this connection I de
sire to express my gratitude to him In
thus advising" the public that I have no
connection with his league. The present
Enforcement League Is made up of men
of action. CHARLES F. LORD,
Attorney for the Law Enforcement
League.
Kansas People Wreck a "Joint."
LONG. FORD, Kan., Oct. 17. Two hun
dred, people last night wrecked the build
ing In which Rlseman's "Joint," or Illicit
saloon, was conducted, smashed 20 cases
of beer and 10 kegs 'of whisky,,, and tarred
and feathered-a woman Inmate:
THROUGH THE COLOMBIA RIVER
GORGE.
A delightful trip of a few hours will
take you through the famous "Columbia
Blver Gorge," the greatest combination ot
river and mountain scenery on earth. O.
R. & N. train leaves Portland daily at 9
A. M. Return can be made' by steamer
frorai Cascade Locks, Special low rates for
this trip. Get particulars at O. R. &
ticket office. Third and WashmgU
HERMANN TO THE MINERS
LAND OFFICE VlEW OF BLUE MOUN
TAIN RESERVE.
Says Opposition Rises Only, From
MlsundcrstandlnR- Situation Tim
ber and Mineral Regulations.
SUMPTER, Or., Oct. 15. (Special.)
Hon. BInger Hermann, Commissioner of
the General Land Office, has written to, a
committee of mining men who protested
against the creation of the Blue Mountain
forest reserve, setting forth In detail the
e'ffect the reserve would have on mining,
as viewed by the Government officials.
The communication was In answer to a
letter written by the mining men. in
which they took the position that a re
serve would favor stock Interests, espe
cially sheep, but would have a blanketing
effect on development of the resources of
the vast area Included, and that mining
would suffer' irreparably, in his outline
of the situation, the Commissioner said:
"First, and of most Importance, as the
fact that the motive and purpose of the
Government In this case, as In all cases
of the establishment -ot forest reserves,
are entirely Impartial, and based only
upon the desire to preserve and Improve,
IN TOMORROW'S OREGONIAN
Additional to all the ncwa and the. customary Idepartmenta, The Sunday Ore
gonlan tomorrow will contain: ? t
WARMING. UP FOR THE FOOTBALL SEASON OF 1002-What local elev
ens arc doing, especially In schools and academies.. Ilfctrate'd.
BIGGEST CATHEDRAL IN AMERICA New' York structure "that may take a
century to build. Illustrate '
WHEN ROOSEVELT RODE" TO HOUN DS Broke an arm eight years ago.
and called the mishap "a mere scratch." Illustrated.
DEVICES MADE FOR FRAUDULENT MEDIUMS-Stmple contrivances to
deceive "sitters" at rolrltual seances. ' Illustrated.
PARIS. WITH ITS 0S.000 WORKSHOPS-Armies of women engaged steadily
on dre3 tor Americans. Illustrated. .
GEORGE ADE'S FABLE IN SLANG Of what Father bumped Into at "the
culture factory.
ELIZABETH IN HER NEW OREGON HOME-How the family spent the first
evening In a rough abodo.
for the general public welfare, th.e forests
upon the lands Involved; It being deemed
absolutely essential to the welfare of the
Nation that the principal remaining for
ests on the public lands should be pre
served and Improved so far as possible.
The Impression that the establishment
of a forest reserve Is Intended or will
be allowed, to work an advantage to any
particular class or Industry, at the ex
pense of any other class or. .Industry, can
arise only from a misunderstanding of
the situation."
After reference to the effect on agri
culture arid-stock, the Commissioner pre
sents the mining case as follows:
Mineral Lands Subject to Entry.
"The Impression, usually gained
through a misunderstanding of the situ
ation (but sometimes, unfortunately, cir
culated by parties well aware of Its er
roneous nature, with a view of arousing
prejudice and sectional feeling), that, the
Inclusion of. mineral lands within forest
reserves will' prevent the location and
development of such lands and the ob
taining of title thereto In the usual man
ner under the general mining laws, Is en
tirely erroneous. The law. 'act June 4,
1897 (30 statute, 36), provides that, 'any
mineral lands in any forest reservation
which have been or which may he shown
to be such, and subject 'to entry under ex
isting mining laws of the United States
and the rules and regulations applying
thereto, shall continue to be subject to
such location and entry,' notwithstanding
the reservation. This renders the mineral
lands In the forest reserves subject to
location and entiy under the general
mining laws in the usual manner.
"In the matter of the privilege of using
timber for mining purposes, the forest
reserves work no inconvenience or hard
ship upon the miners therein, but consti
tute an advantage to them, as. the law
and forest reserve regulations on this
subject are very liberal. It Is not only
provided that the timber growing upon
the mining claims may be used for de
veloping such claims, but provision Is
also made for the free use of additional
timber within the reserve by Individual
prospectors and miners in the proper
working of claims and in establishing
and maintaining improvements thereon,
and for the sale of timber by the Govern
ment to corporations.
"As stated In the Assistant Commis
sioner's letter to you, dated August 3,
1902, n6 final action will bo taken with
regard to the lands withdrawn on July
28, 1D02, for the proposed Blue Mountain
forest reserve, until ample opportunity
has been given all interested parties to
be heard by the department, for or
against the proposition; and In this con
nection I will state that numerous com
munications have been received In the
matter, relating to different portions ot
the area withdrawn, some favoring and
others protesting against the reserve as
proposed. All these will receive the care
ful consideration of the department.
"Already the withdrawal has been re
voked as to an area of about three town
ships at the extreme northern end of the
proposed reserve. These lands were for
merly within the Umatilla Indian reserva
tion, and, In view of certain acts of Con
gress relating thereto, It was concluded
by the department, upon my recommenda
tion, that tho land3 should remain sub
ject to sale.
"I send to you, under separate cover,
for your further informatlon.-'coples of
the Compilation of Laws, etc., relating to
forest reserves, and the Forest Reserve
Manual, and I desire to direct your atten
tion particularly to the matter therein
contained regarding the above-mentioned
subject of mineral lands within forest re
serves. On page 18 of tho Compilation of
Laws, etc., under the heading 'Location
and Entry of Mineral Lands,' will be
found a statement of the law, above
quoted, allowing such location and entry
within the reserves. The circulars also
contain a statement of the law and rules
and regulations regarding the free use
of timber In the reserves; the provision
being that,
Regulations for Use of Timber.
" The Secretary of the Interior may
permit, under regujatlons to be prescribed
by him, the use of tlmbe'r and stone found
upon such reservations, free of charge,
by bona fide settlers, miners, residents
and prospectors for mineral, for fire
wood, fencing, buildings, mining, pros
pecting and other domestic pur
poses, as may bo needed by such per
sons for such purposes; such timber to
be used within the state or territory, re
spectively, where such, reservations may
be located.
"As explained In the circulars, this pro
vision Is for the benefit of persons resi
dent In the state or territory where the
forest reserve Is located who have not
sufficient timber or stone on their own
lands or claims for the-purposes enumer
ated, or for necessary use In developing
the mineral or other natural resource of
the lands owned or occupied by them,
and such persons are, therefore, permit
ted to take timber and stone from pub
lic lands in the forest reserves under tho
terms of the law above quoted, for their
Individual use on their claims or lands
owned or occupied by them, within the
state or territory where such reserves
are located, but not for sale or disposal,
or use on other lands or by other persons.
"Corporations and those requiring
larger amounts of timber than can reason
ably be given under the free use provis
ion can obtain timber under the timber
sale provision, which will also be found
In the circulars.
"It is believed that the liberality of
these provisions will be at once seen and
appreciated. '
''It Is desired that any opposition to the
reservation of any portion of the area
which has been temporarily withdrawn
for the proposed Blue Mountain forest
reserve should be placed before the de
partment in the form of petitions, signed
by the parties opposing such reservation.
The petitions should describe the lands
which it Is desired should not be reserved,
and should fully state the reasons upon
which the objections are based."
Why Miners Object.
With a full understanding of the privi
leges granted mining, the men opposing"
the reserve maintain, their grounds. It Is
because a reserve will clog development
of the vast area. Timber is the present
Inducement for . rail transportation, and
did It succeed In establishing lines Into
outlying districts, It is beleved that the
'mines and, limited agriculture would be
stimulated so as to support permanently
such roads. With timber withdrawn from
consideration. It is feared that the iso
lated districts will remain so, for till
mines have beeni thoroughly developed,
they are ah uncertain traffic assurance,
and development Is an exhaustive work
unless the management can begin market
ing ore while wcrk is In progress;
It Is also noted that whllo use of tim
ber is accorded for domestic uses, in
cluding mining operations, this privilege
may be exercised only by the Individual,
and not through another. In practice,
lumber and timber required In mining Is
usually manufactured by one concern
for the entire community, as among agri
culturists. It would be almost prohlblt
l.t?JrequIre eacn fancr to operate an
individual sawmill, and many mining
concerns are on the same basis.
An earnest protest 'against Inclusion of
the great mineral bolt wlU be made, for
which petitions will be circulated among
the mining men.
ON SUNDAY CLOSING.
Eugene Man Says Chriatlanlty Has
Ko Connection With, the Case.
EUGENE, Or.. Oct. 15.-(To the Editor.)
By j-our grace I should like to express
myself relative to the opinions of some
on the question of tho Knhhnth r- t
notice that some urge enforcement of the
Sunday law on violators: nnrt thro An
this, evidently, from the standpoint of
urifcuanuy, according to their concept,
which Is radically wrong.
Christianity has been mado. hv nvor.
zealous believers, to pose as a power to
enforce through civil officers the require
ments of law. The proof text used Is the
iourm commandment of the decalogue
And this places Christianity In a wrong
light before the world. I do not think
Christian ministers gain anything for the
cause they advocate when they anpeal to
civil authority to close saloons and pun
ish for violations of Sunday law from the
standpoint of Christianity.
1. Christianity was not revealed to oper
ate that way.
2. Chriatlanlty has no definite Sunday
statute for the Christian, and none at all
for the unbeliever.
Hence, if we have a statute in the Ore
gon code It should be regarded onlyag a
prudential law, wholly a matter of civil
authority, to appoint liberty for em
ployes. Christians are not under the Ten Com
mandments. These constituted the-"Old
Covenant," which has been "abolished."
"done away," "vanished away" by "wax
ing old," and has given place to "a new
and living way," a "New Covenant" "es
tablished upon better promises." God
himself found fault with the old which
"made nothing perfect." But "the bring
ing In of a better hope died, by which we
draw nigh unto God."
The Ten Commandments were written
on two tables of stone, called "the tables
of the covenant." These were placed in
the Ark, .called the "Ark of the cove
nant." Blood of anlnials was used to
dedicate the old covenant, called "the
blood" of the covenant." See the following
scriptures: Deuteronomy lv:13: "He de
clared unto you his covenant, which he
commanded you to perform, even Ten
Commandments, and he wrote them upon
two tables of stone."
Deuteronomy lx:9: "When I was gone
up Into the mount to rccel'A; the tables
of stone, even the tables of the covenant
which Jehovah made with you."
Another thing worthy of note Is that the
Ten Commandments were only given to .
tho Hebrews, not to other nationa Even
the fathers of the Hebrews, living before
the revelation at Sinai, did not receive the
law (Deuteronomy v:l-3). The Sabbath
day was not observed by. men until 2513
years after creation, when It was sanc
tified to the Hebrews by the miracles of
mannn-glving and announced as a law to
them from Sinai.
Exodus xxxl:12-17 is a very definite
. scripture on this point: "And Jehovah
spoke unto Moses, saying, speak thou
unto the children of Israel saying. Verily
ye shall keep my Sabbaths; for It Is a
sign between me and you throughout
your generations, that you may know
that I am Jehovah that sanctlficth you.
Ye shall keep the Sabbath, therefore, for
It Is holy unto you. . . . Wherefore the (
cnimren oi Israel snan Keep tne sabDatn
throughout their generations for a per
petual covenant. It Is a sign between
me and the children of Israel."
All the catalogues of crime In the New
for Infants and Children.
Castorla Is a Iiarmless substitute for Castor Oil, Pare
goric, Drops and Soothing Syrups. It is Pleasant. It
contains neither Opium, Morphine nor other Karcotic
substance. It destroys Worms and allays Feverisliness.
It cures Diarrhoea and "Wind Colic. It relieves Teething-
Troubles and cures Constipation. It regulates the
Stomach and Bowels, giving healthy and natural sleep.
Tho Children's Panacea The Mother's Friend.
The Kind You Have Always Bought
Bears .the
In Use For Over 30 Years,
TMX CCKTAUR OOMPAHT. TT HURMT STRCCT. NEW YORK CRY.
Once there were five men.
Each had $5.00.
Each needed a hat.
Each thought it over.
Each bought a GORDON.
Each saved $2.00.
Worth saving.
Testament fall to mention Sabbath
breaking as one. The Hebrew Sabbath
was a day of fleshly rest for man and
beast. They were, on that day, to en
tertain memories of the Creator's work
In material creation; and that they had
been delivered by his mighty power from
the land of Egypt (Exodus xxxl:17; Deute
ronomy v:l). On the first Pentecost after
Jesus suffered, the Holy Spirit announced
the new dispensation. It was a new and
spiritual creation. It is called "The law
of the spirit of life in Christ Jesus"
(Romans vill:2).
In this administration a day Is an
nounced (Acts xx:7; Revelation 1:10) for
Christian believers, which Is a day for
worship artd the most holy memories re
lating to their emancipation from sin
through the death and resurrection of
Christ from the dead on that day, when
"he brought to light life and Immor
tality." It occurs to me that even by the Chris
tian, this can only be respected by talth,
and that the Christian 13 out of his
place when he seeks to compel others by
law to respect this day when they are
without faith. The first Christians,
purely by the ministry of the Word of
Life, turned down polygamy and Idolatry
without any appeal to the law. The re
generation of men by their reconciliation
to God through Christ Is now the only
divine means that Christians should usr,
or that Is placed by the Lord with them
In trust.
This seems to sme the longer way
out. But the short-cut method of legal
force mixes church and state and aborts
the spiritual regeneration of sinful men.
"Grace and truth came by Jesus
Christ." And "we are no longer under
the law after faith has come" with re
spect to divine revelation. We have "Him
who speaks on earth" In our civil
code, which Is an evolution in law. But
Chrlstlinlty is a direct impartatlon from
Heaven for the regeneration of men.
And It is contrary to Its nature to ope
rate through force.
A dog will be a friend to a man who Is
kind to It. Vlcldus animals may be
tamed. And depravity Is not harder to
convert when the divine means Is used
In the spirit of Christ. The streams of
strong drink will be soonest dried up by
the'warm rays of the Sun of Righteous
ness; and lawlessness .will change to a;
"service in the newness of the Spirit."
If "whatsoever wo (Christians) do in
word or deed wo do In the name of tho
Lord JesuS Christ," and allow thafcivir
power shall also administer In Its own
name. J. B. LISTER.
DUSIXI3SS ITE3IS.
If Baby Is Cutting Teeth.
Be rare and use that old and well-tried remedy,
Mrs. V.'ImIow's Soothing Syrup, for children
teething. It soothes th child, softens the gum.,
allay all pain, cures wind colic and diarrhoea
If It's n "Garland,"
That's all you need to know about a storo or
range.
iwwwticittif mm
From
Portland, Mgine
to
Portland, Oregon
Baltimore
is the best
known whiskey.
It Is
The First Sought !
and
The First Bought
EOTHCHILD BR03
Tortland, Ore.
i
Signature of
m
?w:tMf
itlll
2
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