THE MORNING OREGONIAN, WEDNESDAY, NOVEMBER 5. 1902. LAW IS OPERATIVE Initiative and Referendum Is Now in Force. BUT SHOULD BE MORE SPECIFIC Fsmaira ef Iair Demanded Which, fViU Kalce Clear Manner of Pro cedure Under Statute "Work for Special Session. " - 1 ' SALEM, Nov. 4. (Special.) Although the Attorney-General has rendered an opinion in -which -ho holds that the Initia tive and" referendum amendment Isuiow In effect, there are many who question the soundness of his view for the reason that they cannot see any laws which guarantee xo the people the opportunity to exercise the Initiative and referendum powers. In his opinion the Attorney-General han tdled the subject only upon broad prin ciples of construction of constitutional amendments, and did not attempt to point out the laws which secure to the people the rights they have reserved to them selves. The argument has been made that the Initiative and referendum amendment Mb Inoperative because there Is no method of proceeding provided by which the peo Spl can compel the state officers to submtt 'to them any question for the submission of -which they may petition. Since this is tea Important question, and one that vital lly affects the amendment. The Oregonlan jcorreepondent has inspected the laws on the eubject and Interviewed a number of (lawyers and officials in order to ascertain le real status or tne matter, ox wouia that the proceedings by which an may be submitted to the people are "tinted out. and also that the duty of the officials in the matter Is so plainly de clared that mandamus proceedings would Ta available If any officer refused to do his duty. At the start the Oregonlan correspond ent approached the Secretary of State, Who is charged with the duty of prepar ing' the official ballot upon which all jjtieitions must be submitted to the people. Mr. "Dunbar was asked this question: "If the required number of voters sign -fend file- in your office a petition asking that a certain measure be submitted to them, do you consider it your duty to submit it 'as demanded, and would you submit It?" "I certainly do think it my duty to sub mit the matter, and I would. submit It by placing the subject upon the official bal lot, so that the people, could vote for or against the measure, as they might see fit. I would have to do this under the opinion of the Attorney-General, who is my legal adviser. It seems to me that the amend ment and the laws of the state provide the manner In which a measure shall be submitted, and if the Secretary of State should refuse to submit a measure, he could be compelled to do so by mandamus proceedings. I would not hesitate amo mont to submit any measure in compli ance with the petition provided for In the amendment." Provisions of the Amendment. The last clause of the amendment pro vides that "petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people, he and all other officers shall be guided by the general laws and the act submitting this . amendment, until legislation shall be especially provided therefor-" This clause shows that it was Intended that the peo ple should have the power to exercise the initiative .and referendum privilege, even though there should be ho especial legis lation therefor. -It is declared that the officers shall be governed by- the general laws, and. the act submitting that amend ment, so ' an inspection of those laws is necessary to show the procedure to be fol lowed in submitting.a measure to the peo pie. The question then may be stated this way, as'.ari example: If the jiext Legis lature should pass an act creating the of' flee of Hop Inspector, what proceedings are necessary in order that the "people may have it submitted to them? The amendment Itself provides that pe titions t or'-the referendum must be signed by 5 per oent ot the legal voters of the state, and that the whole number of votes cast for Justice of the Supreme Court at the last preceding election shall be the basis on which the number of legal vot ers necessary .to sign such petition shall be counted. The amendment also pro vides that the petition shall be filed with the Secretary-of State. Thus far the pro ceedlngs are. clear. Those who oppose the Hop Inspector law can circulate a peti tlon asking the Secretary ot State to sub mlt to a vote of the people an act creating the office of Hop Inspector passed by the Legislative Assembly -xm a certain day When this petition has .been signed by i per cent of the voters it. must be filed in the office of tho Secretary of State; It has been said that the Secretary of State may refuse to submit the question to the people -upon the ground that some of the signers are not legal voters. In answer to this, it is only necessary to say that in mandamus proceeding's brought against Secretary of- State Klricald, the Supreme; Court held that that official has no right to inquire into or question the facts further than they are shown on the face of the petition. If the petition is reg ular on its lace, he has no alternative but to acceptlt. -Provisions of General LarrsT , Section 49 of the election laws provides, that the official ballot shall contain the names of (1) candidates for state offices, (2) for district. and county offices, (3) for precinct offices, (4) for other offices or con stitutional amendments or questions sub mitted to a Vote of the people, , A measure to be submitted under the referendum would come under the last class. It Is provided that the ballot shall be printed so as to give each elector a clear oppor tunity to designate his choice of candi dates, and ,his answer to the questions submitted by making a mark to the left of the name of the candidate he wishes to vote for for each office, or to the left of the answer he wishes to make to each question submitted. On the ballot may be printed such words as will aid the elector to do this, as "yes" and "no" and the1 like. It is made the duty of the Secretary, of State to - certify to the several county clerks the information to be placed upon the ballot, so far" as state matters are concerned, and it is made the duty of the County Clerks to have the ballots printed in the form prescribed. Under these gen eral lawp, it is declared that when the petition for the submission of the Hop In spector law is filed, the Secretary of State must, at "the proper time, arrange It in his - certificate to the count- clerks in some such form as this: Hop Inspector act Yes. Hop Inspector act io. So that the people may express -a. choice, and the County Clerks must have the question printed , upon the official ballots. Act Submitting the Amendment. The act submitting the amendment, re ferred to as specifying a part of the pro cedure, provides t4e same manner of placing the question on the ballot. This act is found on page 4 of the laws of 190L That act .also requires the County Clerks to certify: the vote .to the Secretary of State within 20 days after election, and requires the Secretary of State to publish the result, within 30 days in at least 10 papers In .-the.-state. The act also pro vides that the Governor -shall- cause the amendment to,be -published for -five" cqn Jecutive weeks In; 'One "newspaper in each Judicial district, and this requirement would apply to acts submitted under the referendum as well. It will, therefore, be seen from the above that there is a complete mode of procedure prescribed by which questions may be submitted under the referendum, and the laws and acts prescribing the procedure use the word "shall," so that the officers have no option In the matter. Especial TLca-Islatlon Needed. At the same time very prominent law yers express the opinion that, while the initiative and referendum amendment Is not only In effect, but is also operative for all purposes, still it would bo much better if an act were passed applying to this subject in particular, and not refer ring to elections in general. At present one must "hunt through the amendment, .the abt submitting the amendment, and the general laws, in order to discover the procedure to be followed. It Is intended that the Legislature shall pass special leg islation, and the proceedings will not be so clear that he who runs may read until such legislation has been enacted. That such legislation is of sufficient importance to. be considered In calling a special ses sion has been asserted by several well known attorneys who take no stock in the argument that the amendment is in operative without legislation. DIVORCES ARE GRANTED. Decision Handed Down in a .Dozes Cases at Oregon City. OREGON CITY. Nov. 4. (Special.) Tho following decrees of divorce were made in the Circuit Court today: Jullna Hay den vs. Joseph Haydep, plaintiff permit ted to resume her maiden name of Pol lack; Ollva L. Wells vs. James L. Wells, George E. Smith vs. Catherine A. Smith, Albert B. Ferrera vs. Dollle A Ferrera, Milton Fairchild vs. Lottie Falrchlld, Caroline Grasler vs. Julius Grasler, Car rie Hernady vs. L. J. Hernady, Elfrida DeMalchin vs. Ivan DeMalchln. The following cases were dismissed: F. T. Griffith vs. Ed Rlnearson. J. W. Loder vs. Jacob Buchanan, Airs. m. joraan vs. H. C. Long, Ed Meuche vs. J. M. NoIan. In the case of Minnie Cassady vs P. A. Llndstrom a motion for a new trial was overruled. Ell Parker and E. A France, who were defendants in criminal cases, were discharged and their" bondsmen ex onerated. True bills were returned in the following cases: State vs. J. F. Kramer; State vs. A A. Watts. Both defendants are charged with forgery. In the case of O. W. Eastham vs. A W. Cheney, a transcript of appeal has been filed from the Justice Court. End of Spawning Season. Spawning salmon for propagation pur poses in Oregon and Washington waters by the United States Fish Commission has ceased. The take at Rogue River for the season is 4,135,400, which is consider able less than last year. The run of salmon in Rogue River suddenly stopped without apparent cause. A portion of the racks In the Clackamas were washed out by, high water night before last, and will not be replaced. The take at Clackamas station Is over 8,500,000. Teachers to Hold Institntes. Three teachers' institutes have been ar ranged in this county, and all of them will tako place In the near future. One of these will be held at Orient, which district Is joint with Multnomah County. An Institute will be held at Marquam the first week in December, and an other In the Barclay school building in Oregon City, on' Saturday, November 22. Officers will be elected at this meeting and the programme will be: "Report of National Teachers Associa tion," Professor R. Ct French, Monmouth Normal School; "A Practical Education," A. S. Dresser; "Weaving and Paper Fold ing," with the illustrative work, Miss Clara J. Boring; "Geography," (a) .home geography, Miss Martha Sturchler; (b) In termediate division, Howard Eccles; (c) advanced division, with correlation of other branches, Mrs. Viola E. Godfrey. NEW SCHOOL RULING. Residence of Parents to Decide Drawing- ot School Money. SALEM. Nov. 4. (Special.) Superin tendent" of- Public Instruction J. H. Ack erman has rendered "the following deci sion, which declares that the residence of the parent "or guardian, rather than the place whero a pupil is enumerated, de termines the place where a child Is en titled to attend school without paying tuition: "School boards shall admit free of charge to the schools of their respective districts all persons between, the ages of 6 and 21 whose parents or guardians re side In such districts, at the time of mak ing application for free admittance to such schools; even though such persons may have been at the last enumeration legally enumerated In some other district." This ruling will make a change In the practice In this state, for it has been generally held that If a child Is enumer ated In one district and school money is drawn for him In that district he can not attend elsewhere without paying tui tion. Born In The Dalles in 18S4. THE DALLES, Nov. 4. (Special.) Charles Craig, a well-known printer and old resident of The Dalles, died at the City Hospital last night, after a fort night's illness. Mr. Craig was born In this city July 16, 1S54, and has passed his entire life In and about The Dalles. He was the oldest son of Dr. Phllemus Craig, he pioneer druggist of this city. The funeral will be held at St Peter's Church tomorrow morning. He left a sister and brother, Mrs. A. Floyd, of La Grande, and Frank Craig, of this city. REPORT OF THE Comparative Statement of the Business Transacted by the Office During. Previous Periods. OLYMFIA, Wash., Nov. 4. (Special.) State Treasurer C. W. Maynard has completed his biennial report The state's financial statistics are given in very -brief form, but complete. The report shows the amounts paid by each county Into the military, sihool, state, general and Interest funds. It discloses that there Is now In the permanent school fund $320,027 90, and that the permanent school fund has Invested in State of Washington bonds the suht of $l,ie",000, and in county and school district bonds the sum of $749,132 15, making the total Invested $1,914,132 25. As a sort of recapitulation, tho report closes with a comparative statement of the business transacted by the office during previous periods. In the last two years the increase in the State Treasurer's business has' reached over $1,000,000. The comparative table, which is the most interesting of the report, Is given herewith. The State Treasurer makes no recommendations: FUNDS. General fund .Military fund ; . Interest fund Current school fund fc Permanent school fund Harbor fund ,. .- Special land deposits Revolving fund , '. .'....'.....'.."..... 7. . Grain inspection fund .:...;....i University fund ; Fish hatchery fund r. United States fund ." ;.. .- State library fund .v. .1.....' Printing and binding fund C bejentinc school fund ; ; Capitol building fund -: Agricultural College fund -. ; '. Charitable, educational, penal and reformatory 'institutes fund... Normal School fund ; ..i. ; Pure-food fund. ..- v , Special tide land deposits .i . -. ; Escheated lands fund .i ahkiakum County 'permanent school fund State Capitol Commission fund : inheritance tax fund Totals Increase of business from 1900 to 1902 increase for 3 years and 11 months Total increase for 5 years and 11 FISH WAYS NOT PROVIDED MASTER. WAIlDEjr -VATS' DUSEN RE PORTS INSPECTION MILL DAMS. Finds Lnvr Violated In Many Cases, and Insists on Mill Owners Far nlshlngr Good Fish Ways. SALEM, Nov. 4. (Special.) Tho month ly report of Master Fish Warden H. G. Van Dusen shows that that official has been making a vigorous Inspection of mill dams to see whether proper flshways are provided. He finds that In very many cases the law Is violated and no way Is provided for fish to pass the dams. His report says In part: A great deal of complaint has been lodged with this deoartmpnt of late over the matter of mlllmen and Irrigating and mlnlnc ditch men dammlnir the waters ot the state without providing any passageway whatever for tho fish to either ascend or descend the streams. They are generally low dams and no obstruction during high water, but as our waters remain high only a very short portion ot the year, I look upon, them as being very serious affairs: other dams aro very massive and substantial and are complete obstructions at all times. Some of these I visited during the month, and beg to report relative to them as follows: Across "Clear Creek, a tributary of the Clack- Mrs. Mary Jane Starkey, of 'Salem. amos River, there are three; one is near thti Logan oostoffl.ee, the other two are three and four miles above, situated near the "Viola post offlce, and are owned respectively by Gustavtt Fisher, of Logan; C. G. Stone, of Viola, and the "Walker Bros., of Viola., The Fisher and Stone dams I found to be about 20 feet high, and old obstructions, having been In across the stream for years, with no pretense of a. flshway. The Walker Bros.' dam was In course of construction. These people all assured me that "they would comply with the law and pro vide flshways In accordance with the 'improved Call system," but felt that a little time should be allowed them on account ot their being situated in the 'immediate Sprlngwater dis trict," which- was completely burned out re-' cently. In consequence they claimed that lt would !o almost Impossible for them to get such miierlal from the mills as would be necessary in the construction. Considering It very essential that such flshways be built of good material, and put in in a strong and substantial manner. I felt that their request might bo nranted and that a little time be allowed them In consequenco thereof. Near tit mouth of Johnson Creek. Clacka mas Coun y. there are a couple of small low water dams ywned by Mr. R. G. Church, who Is very desirous of retaining them, there, and that he tiilcht be privileged to do so, assured me that he would comply with the law Imme diately and furnish proper flshways over them.. Acros3 the Umatilla River, a mile and .a" half 'from Its mouth, the Holbrook Ditch Com parfy has a dam for tho purpose of diverting the water from the river Into Its 'ditch for irrigating purposes. During the extreme dry portions of the year, all the wator that the river carries Is taken from the river bed Into the Irrigating ditch, leaving practically no water to flow down the river bed from this dam to the mouth of the river, excepting what little leaks through the dam and through Its ditch flume, -which Is a very trifling amount. Above tho dam the river Is quite a little stream and Is bountifully supplied with trout and other flih. but how we are going to maintain 'It as a trout and .flsh stream with tho waters practically all taken for Irrigating purposes will remain to be seen. The people on the upper waters Interested In "flsh" are very anxious about the matter, and think that flsh should be privileged the stream as hereto fore. Mr. F. B. Holbrook, manager of the ditch comrany, assured me that he would comply with the law fully, and furnish a fish way through the dam, admitting flsh at ali stages of the season. At La Grande, the La Grande Electric Light & Power Company hag a dam across the Grand Ronde River for power purposes. This dam Is .about 14 feet high, and I found It to be a complete obstruc tion, though It Is provided with a flush gate that it allows to remain open during certain stages of the water, through which, It con tends, flsh can ascend and descend tho river. 1 notified it that It was not a legral flsh way, and that It would have, to provide the dam with an "Improved Call system." Joseph Palmer, the manager of the company, assured me that immediate steps would be taken towards get ting it in. Below this dam a few hundred yards the Ore Dell Ditch Company has a wing dam ex tending entirely across the rlvrr. made ot loose ww, o,i ii, 0 o ion fnr it irrif-ntintr rock and brush, as a lead for Its Irrigating ditch. It was not more than a foot high, but for all that, was a complete obstrucyon, and one of those very common Irrigating ditch STATE TREASURER November 1, tember $2,559,293.42 9S.SS2.S9 93,816.06 1,696.623.81 498,072.80 C.447.72 1,207.20 ' 128.348.51' 12.S5S.2S 724.93 S0.21561 26,837.00 6.055.CO 3,647.67 1,209.11 729.00 587.20 3,207.00 o.oieJa 1,028.25 30.00 1,001.62 252.69 months- $5,226,523.10 1.922.858.3 i 3,234,933.43 $3,177,791.82 death-traps to any fish attempting to descend the stream. - Above the dam ot the La Grande Electric Light & Power Company, the Grand Rondo Lumber Company has' three or four dams In across the Grand Rondo River- for logging and mill purposes. I have notified It relative to the law and will Insist on Its complying with It and furnishing good and sufficient flshways for each dam. The report also says that the take, of salmon eggs on the Clackamas River this season was small, owing to tho fact that fish did not get .up the river as far as the hatchery. On the Grand Ronde S.000, C00 eggs were taken, and the season has bqen a successful one. The new hatch ery on Salmon River Is nearly completed, and 1,500,000 young fry and eggs have been taken; 2,000,000 eggs will be sup plied from the United States Fish Station on the Clackamas. At the Ontario hatch ery station 7,755,000 eggs have been taken, and the work is still going on. The receipts of the office of Master Fish Warden for the month of October were $614. TROUBLE OVER LAND TITLE. St. Helens Tldeland Becomes Valu able for Doclc Purposes. ST. HELENS, Nov. 4. (SpeclaDCap tain James Good, of the steamers America and Republic, recently purchased some tldeland lots on the city water front for dock purposes, but from. developments yesterday afternoon he also has purchased a lawsuit. Ninety dollars was the price paid for one of the lots, and Captain OREGON PIONEER "OF 1845. BALEM, Nov. 4. (Special.) Mrs. Mary Jane Starkey, who died at her home in Salem, Sunday, November 2, 1002, was born In Ohio in 1835, and came to Oregon When she wa3 10 years old. In 1856 she was mar ried to Amos Starkey. whose death occurred In 1870. She left Ave daughters Mrs. Dora Bedford, Mrs. Tllllo Oldham and Mrs. Fannie Wll eon, all of Portland, and Mrs. Min nie Barmet and MUjs Lizzie Star key, of Salem. Good received a quit claim deed for the property. The consideration for the other lot has not been made public. The tide land lots fronted on business lots owned by the parties making the sale. E. E. Quick, who sold one of the lots, claims to have a clear title from the state. Every thing was apparently running smooth un til late yesterday afternoon, when th housemovers received a notification not to move the old school building recently purchased by Mr. Good, on the property. Muckle Bros: assert a prior title to the tldeland lots, and the matter will prob ably be settled In the courts. This morn ing the old "school building is being placed on some timber underpinning on the tide land lots. This tldeland frontage, which at one time was considered almost worth less, Is now valuable for dock purposes. " ENTERS PLEAS OF NOT GUILTY. Case of Bert Heaton Set for Trial This Morning. EUGENE, Nov. 4. In the Circuit Court today Bert Heaton entered a plea of not guilty to the charge of murder, and his case was set for trial tomorrow morn ins. Representative Thomas H. Tongue ar rived here today, and will address the students of the university tomorrow morn ing. An Informal reception will be given him at the rooms of the Commercial Club. San Jose Scale ,on Frnlt Trees. L. T. Reynolds, representing the State Board of Horticulture, has been here to day inspecting nursery stbek and fruit trees. He reports aphis and codlln moth here, about the same as in other parts of the state, but finds a great deal of San Jose scale on the trees about the city, there being scarcely a tree In this city free from this pest The scale has been known to be here for two or three years, and is supposed to have been Intro duced here by shipments of oranges from California which were affected. Bitten by n Mad Doff. ELMA, Wash., Nov. 4. (Special.) E. S. Avey, editor of the Elma Echo, was bitten Vile mnrnlnw a Arrr tnf hqH m-mntninc j of the rabies. The poor brute had been confined by some heartless person on the store top on Main street until he was almost dead from hunger and thirst When Mr. Avey attempted to rescue him he bit him savagely on the right hand, tearing almost all the flesh from the mid dle finger. Junction City Election. JUNCTION CITY, Nov. 4.-(SpecIal.)-A city election was held here yesterday, .1 - - , f 1 1 rni.. 1 1 "u U."'VA. v vJsir Councllmen were elected: E. Van Vran- ken, G.. F. Sklpworth and M. Montgom ery. Thurman. Berry was elected as Marshal. OF WASHINGTON. 1893, to Sep- 30, 1900.- November 1, 1900. to Sep tember 30, 1902. d C Cf S c 4 a C 3C ST2 : $2,450,558.99 77,217.76 1U.2S6.58 1,814,988.56 730.6S9.S8 l.'0.00 1,807.11 110,335.90 19,877.07 1,698.82 78,103.14 35.503.45 2.547.56 4,465.18 $2,657,328.87 111.E69.84 105,208.36 2.434.C54.63 U9S.593.40 6.6S9.00 '"iYi.b&is 31,350.50 2,272.21 94,670.89 40.cL64 10,560.00 "31.705.'76 28.720.12 . 16.349.10 18.S13.0S 3,323.99 $2,803,327.81 47.350.17 105,617.35 2.409.969.53 689,779.35 2,165.77 80.00 157,188.03 26,491.87 7.41 ' 109.035,93 37,523-70 7,136.78 ""3,932.63 .27,459.49 31.00 761.95 129.25 333.30 2,572.23 '35o.i6i!c6 3.047.17 236.8S6.72 $5,471,002.20 ! 1.192,306.t9 -3.452.D90.S9 $7,149,381.44 $6,663,308.89 $4,645,297.58 TO PUT UP LABOR TICKET ASTORIA tJNIONS MAY ENTER MU NICIPAL CONTEST. Delegates to Be Chosen to Determine the Matter nt Meeting to Be Held November 21. ASTORIA, Or., Nov. 4. (Speciol.)-At a meeting of the Astoria Central Labor Council held last evening the question whpther it should nominate a ticket to be voted for at the municipal election to be held in December was discussed, but no final action was "taken. The secretary was instructed to request each union to Instruct the delegates whether It desired to dace a ticket in the field, and. If 33.- to Instruct them as to the candidates whom they desired to nominate. Then at the next meeting to be held on Friday, November 21, the question will be settled, and If a ticket la to be nominated it will bo named at that time. Packing: Company Elects Directors. The annual meeting of the stockholders of the Alaska Fishermen's Packing Com pany 'was held today and seven directors were elected, as follows: W. F. McGregor, John Nordstrom, Frank Patton, N. P. Sor enson, Andrew Toung, John Enberg and John Kppp. The company also declared and paid a dividend of $113 on each $500 share of stock, or about 22 per cent. As the capital stock of the company" is $200, 000. the sum of $44,200 was distributed among the stockholders, nearly all of whom are Astorlans. Tho board of direc tors met later and organized by electing the following, officers: W. F. McGregor, president; John Nordstrom, secretary; As toria Savings Bank, treasurer. Police Department Fines. During the month, of October the police department collected $522 50 from fines and forfeitures, which Is somewhat less than for the corresponding month last year. OYSTER MEN INCORPORATE. Company Organised nt Ilwaco With 55,000 Capital. ILWACO, Wash.. Nov. 4. (Special.)--Articles of Incorporation of tho Oystervllla Oyster Company were filed last Monday. The incorporators are: M. E. Greenman, F. A. Greenman, C. C. Clark! of Oyster vllle; Charles E. Kulee and J. W. Hower ton, of Ilwaco. The capital stock of the company is $55,000. The officers, with head quarters In Ilwaco, are: M. E. Greenman, president; F. A. Greenman, secretnry C. E. Kulee, treasurer. It Is the purpose 'of this company to acquire locations and lands for oyster planting and propagation, and for raising oysters and all kinds of marketable shellfish. The company will deal In Eastern oysters extensively. Clam Canning Company Formed. The Oysterville Clam Canning Company was incorporated nt Oysterville last Mon day. The capital stock is $5000. Thomas Nolson, M. E. Greenman, F. H. Green man, C. E. Kulee and J. W. Hamilton constitute the board of trustees", with H. Nelson, president; F. H. Greenman, sec retary, and C. 'E. Kulee treasurer. This company has a cannery In thorough oper ation at Oysterville, and the product is on the local market. Logprlnfr Operations Resumed. Logging operations on the peninsula were resujned today. The four Portland companies to the contract with the rail road company for the transportation of logs from Willapa jand Shoalwater Bay to the Columbia River have purchased the steamer Flora Brown from South Bend parties to do towing on Shoalwater Bay. The O. R. & N. Co. will begin log ging Improvements here soon. Two raft ing slips will be put in, and dolphins driven near the head of Sand Island. GIRL LEFT lfl,000,O0O. Aged Seattle Man Remember Kind Treatment Given. 'Him in Knnnnn. HIAWATHA. Kan., Nov. 4. Miss Lizzie Boyce, of Padonla, a number of years ago, took care of an old man who became suddenly ill while- passing her home. Aft er his recovery, he left and Miss Boyce did not hear of him again until today, when she received word from Seattle, Wash., of his death. He had no near friends and relatives, and on account of the kindness shown him left Miss Boyce his entire fortune of $1,000,000. Capital City Brevities. SALEM, Nov. 4. (Special.) Mayor Bishop today appointed the following dele gates to the Oregon Irrigation Convention to be held In Portland the middle of this month: Frank Davey, E. M. Crolsan, N. J. Judah, L. L. Pearce, J. H. Albert, W, M. Kaiser, C. A. Gray, E. A. Pierce, E. P. McCornack, F. N. Derby, Squire Far- rar, Claud Gatch. Isaac W. Kimball was received at the asylum today from Pendleton. He is 60 years of age. Judtre Boise today dlsmussed the man damus suit brought by Mrs. lanthe SJehl brede against the State Land Board to compel the latter to Issue a deed to certain school land. Mrs. Sehlbrede had become delinquent In her payments, and the board canceled her certificate. Later she ten dered payment and brought suit to secure a deed. Judge Boise held that the board has sole Jurisdiction of controversies over sales of - school lands, and he would not entertain the suit. Clayton Bradley was arrested today, charged with pointing a pistol at B. Southwlck. An Orejron Pioneer of lSrl. Sarah R. Phllpott died at the. residence of her daughter, Mrs. C. W. Yates, at Oakvllle, Or., October 28, 1902. Sarah R. Darby was born In Kentucky, March 4, 1522, and went to Missouri with her parents when she was 11 years old. She married William J. Phllpott In 1847. and crossed the plains to Oregon In 1851, settling in Linn County, where slio resided until her death. She was the mother of aix chll dren, five of whom survive. Of a family of 10 children there are living, two broth era and two sisters William H. H.. Darby, of Salem; John Darby, of Missouri; Mrs Matilda McKlnney, of Turner, Or., and Mrs. Susan Hughes, of Oakesdale, Wash Welcome Rnin at Independence. INDEPENDENCE, Nov. 4. (Special.) An Incessant fall of rain occurred here Saturday night, all ay Sunday and Sun day night, and the prospects for Its keep Ing up throughout Monday are excellent As a natural consequence the Willamette will be swollen and the boating season, much overdue, will open. A boat Is ex pected up from Portland today. The farmers are also very anxious for a soak ing rain like the present one. Warehouseman Seriously Injured THE DALLES, Nov. 4. (Special.) A workman named Knowlcs was seriously injured at the Wasco warehouse yester day morning while moving a .scaffold, which fell, throwing hkn down an open hatchway some 20 feet. Both bones of one leg were broken, as well as two rlba Knowles Js a newcomer here, having late ly moved to Oregon from Minnesota, and has a wife and five children. Sent Obscene Letter ThronBh Mall. EVERETT, Wa3h., Nov. 4. (Speclal.) A. C. Campbell, bookkeeper for a whole Bale meat house In Snohomish, was ar rested by a United States PostofHce In spector, for sending an obscene letter through the mails. Campbell admits hl3 guilt, having made a written confession. He was bound over to the United States Court In the sum of $600. Committed to the Reform School. INDEPENDENCE, Nov: 4. (Special.) Earl- Harding, a ltf-year-old lad of this place, was taken .by' Sheriff J. T. Ford to Dallas, where he was committed by County Judge Sibley- to the State Re form School. Sheriff Ford took the 'lad to Salem and turned him over to the proper authorities. Yalclma Pastor Resigns. NORTH YAKIMA,- Nov, 4. (Special.) After six years as pastor of St. Mich ael's Episcopal Church. In this city. Rev. Hamilton M. Eartlett yesterday tendered his resignation to the congregation and vestry. Rural Routes to Benin December 1. JUNCTION CITY. Nov. 4. The three mail - delivery routes out of this place, recently established, will begin service December 1. The Franklin postofficc will then be discontinued. K A ISER SEEKS VINDICATION He Is Anxious for Eiiprlnnil to Close Deal for Portuguese Territory. NEW YORK, Nov. 4. Emperor Wil liam's approaching visit being closely connected in time with the arrival of the King of Portugal, had revived rliccus- sions. cables the Tribune's London coc- i respondent, of an alleged secrefchapter of Anglo-German diplomacy. No diploma tist doubts the existence of a secret agree ment between the two governments re lating to the partition of Portuguese East Africa, and many well-informed men sus pect that Asia Minor also is included in the scope of this convention. The moot reasonable theory is that the British Gov ernment, having secured an option to buy the Portuguese territory whenever the Lisbon government Is ready to sell It, aranged with the Berlin government for a scheme for dividing it and readjusting the frontiers. The German Emperor is alleged to be anxious to have the sale carried through and the advantages for Germany made known for the sake of vindication of his j own course of action in keeping on good tern-3 with England. The British Minis ters, on the other hand, are believed to be reluctant to reveal a partition scheme In advance, of actual purchase of the ter ritory and the King of Portugal Is not expected to lend encouragement to the idea that the sale can be hurried on. Indemnity for Pirates' Worlr. ROME, Nov. 4. A dispatch received hero from the town of Midi, on the Lohela, Arabia, coast which was recently bom barded by the Italian gunboats in their pursuit of Red Sea pirates, says the au thorities of Midi, besides promising to de liver tho pirates to the Italians, gave an undertaking to collect an Indemnity of $3000 for the families of the two Italian sailors who were killed in a fight with the pirates. Honor Avenpred in Dncl. PARIS. Nov. 4. The duel between Count de Dion, president of the Auto mobile Club, and a prominent sportsman, and M. Gerault Richard, of the Petite Republlque, took place today. M. Rlch ard was wounded In the right arm. Redmond Sentenced to Prl.non. DUBLIN. No. 4. William Redmond was arrested on his arrival at Kingston today and was taken to Kllmalnham JalK Mr. Redmond, several months ago. made DAWN ANTICIPATION. The physical ills and needs of an espectant mother have been the theme of thought and study for ages, and all physicians know that her peculiar condition requires an additional aid to nature ; an elastlcifai-r for therexpand injsr muscles anda strengthener for the sinews npon which is brought the strain of child weight; so that the little one shall have per fect health and symmetry of farm ; a lubri cating balm that will enable her to go about with grace and ease; guiet and steady nerves, and her whole being acting harmoniously for the good of herself and child. MOTHER'S FRIEND, if used diligently through out gestation, will soften the breasts, thereby preventing cracked and sore nipples. All tissues, muscles and tendons straining with burden will soften, relax, become soothed, supple and elastic from its continuous appli cation. All fibres in the abdominal Teglon will respond readily to the expanding cover containing the embryo if MOTHER'S FRIEND is administeredexternallynllduringpregnancy. Of drncKist 01-00 p r bottle. A treatise ' Motherhood ,r ''REE. Write. THE BRADFIELD REGULATOR CO., Atlanta, Ga. 1 MRS SUE NASHVILLE, TENNESSEX. 134 N. Summer Street, Nashville, Tekn., April 17, 1902. I All a living example of the effi cacy of "Wine of Cardui, and I owe the magnificent health I en joy today to this true "woman's rem edy' '. From the time I was forty years of age until the "change of life " came I seemed gradually to lie growing weaker. I bad Eevere pains at the periodical times with cramp3 and blinding headaches and sought the advice of six different doctors, hut none of these could help me. I was simply a physical week and pre pared for an early grave. The misery and hopelessness which I suffered none know but those who have had the same experience. As time wore on my nervousness increased,""! had hot and cold flashes and was very easily irritated, and when troubled or annoyed would almost fly into hysterics. At this time a friend from St. Louis visited me and I told her my troubles and how hard I had tried to get well. "Did you ever try "Wine of Cardui?" she asked. "When I told her that I had not she smiled and said, "In one month from today I will have you so much changed you will not know yourself. ' ' And strange as this seemed to me it proved the truth. I took the medicine regularly and each We publish Mrs. Boyd's letter so that every invalid may know that "Wine of Cardui will bring her sure relief, no matter how discouraged she may be. Mrs. Boyd wa3 a physical wreck at the "change of life," but Wine of Cardui brought her back to health. None but a high-grade scientific medicine could have made such a 'cure. If your case is re garded as hopeless do not despair. Doctors could not cure Mrs. Boyd. She had given up hope. Her cure shows that Wine of Cardui will benefit any case. If you suffer from "female troubles" in any form you should fro to your druggist today and get the same medicine. Mrs. Boyd owes ife and health to Wine o Cardui, but thousands of women in every part of the country owe as much to this great woman's remedy as Mrs. Boyd. Wine of Cardui costs but $1.00 a bottle. You will feel stronger and better in a month. Mrs. Boyd i3 a Nashville lady cf high reputation. Will you not take W me ot uaruui ABSORBING PROBLEM " j Of the Present Day. The absorbing problem of today Is. ho" to expend one's income so as to attain th best results; that is. get full value tot, one's money. It may truthfully be said that this has .been, is, nnd always will be an absorbing problem to those with limited means; but the fact remains that, with the price of living necessities constantly rising one must -husband one's resources more care fully than ever before, if he would live within his income. In snyinr that prices are rising-, we except one article which has come to occupy a prominent place in the family medicine closet, and that is tho specific for piles or hemorrhoids known as Pyramid Tile Cure; this remedy Is still sold by druggists at the old prices of CO cents and SI 00; and these prices will remain unchanged. Those to whom this preparation has brought relief and a cure after years of suffering do not neo"d to be told of Its merits; others are advised that It Is the greatest boon ever discovered to all those afflicted with any form of piles; it is in suppository form, is easily appliei, reaches the seat of complaint, and gives immediate relief and a lasting cure. The reader may have tried salves, oint ments and lotions without benefit, and feeling that his money has been w.xsted. resolves to suffer on rather than experi- of these treatments Is that they do not reach the seat of the trouble, and hence do not remove the cause, as does Pyramid Pile Cure. A little book describing piles, their cause and cure, is published by the Pyramid Drug Company. Marshall, Mich., and any one may procure a copy by send ing name and address to above firm. As i showing the estimation In which this" rem edy is held by the public it may interest the reader to know that its sales now ex ceed those of all other pile remedies com-j bined. 1 a speech nt Wexford, which was said to be incendiary. He was ordered by the Court of the King's Bench to give bail for $1000 for his future good behavior. This he refused to do and the court sentenced him to six months' imprisonment. Xevr Chinese Foreign Minister. SEOUL. Nov. 4. Chop Yong Sin has been appointed Foreign Minister. He is a pro-Russian. NEW MARK. FOR NEW YORK Customs Receipt nt Port Inat tat Mont E-itablinh n Record amount of customs receipts and In num ber of consignments imported, a record "current" month at this port. The only month, which ever exceeded It in point of customs receipts was April, 1897, and thl3 was the record month, of the year when a new tariff was about to become operative, and an unprecedented rush to get goods Into the country was made. Last month's receipts were $17,250,000. The receipts in April, 1897, were- $17,700,000. The month was also a record-breaker for deliveries at the Appraiser's stores. The number of packages received was 50,551, and deliveries 49,400. Ping pong licenses have been granted to nlna publicans at Kuddcrsfleld, England. day was an improvement on the pre ceding one. What a comfort, peace and rest stole over me with return ing health. Each day 1 thanked my friend for the timely advice she had given me. The distressing symptoms and the pains gradually disappeared and general good health was restored. Within ten weeks I was a changed woman. I passed through the "change" scarcely real izing it, and have since enjoyed the best of health. As one friend advised me so I want to advise all sick women. I speak from experience and am sat isfied that there is nothing on the market today offered sick women which -vrill restore them so quickly, surely and permanently as "Wine of Cardui. on ner aavicer