Morning Oregonian., November 06, 1902, Page 4, Image 4

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THE MOUSING OUEGONIAN, THURSDAY, NOVEMBER 6, 1902.
LAW ON SALARIES
Question as to Better Recom
: pense for Officials.
WILL CONSTITUTION PERMIT IT?
Point Raised Whether the Exact or
Minimum Allowances Arc Spe
cifiedRecords Are Ifot
Very Complete.
SAL.EM,. Nov. 5. (Special.) "Whether
Ihe salaries of state officers, as prescribed
in article 13 of 'the state constitution, are
the exact amounts to be paid or the min
imum amounts is a.subject which is be
ing generally discussed in connection with
the flat-salary question. It is asserted by
some that state officers are not entitled
to receive any sum other than that named
In the constitution, and that any salary
,provlded above that by act of the Legis
lature is unconstitutional. Others contend
that the amounts named n the constitu
tion are the minimum salaries, and that
'the Legislature may provide higher sal
aries at will. In support of the latter
View, it has frequently been asserted that.
In the constitutional convention the salary
section originally provided that the of
ficers should receive the "amounts speci
fied, "and no more," but that the last
three words were stricken out, thus show
ing plainly that the convention intended
that the salaries should be the minimum
amounts, and that higher salaries could
he provided if desired. In the hope of
throwing some light on the question. The
Oregonian correspondent has searched the
.original records of the constitutional con
vention to see whether such words as
"and no more" were In fact stricken from
the section on salaries, as alleged. After
hunting through the records, with the as
sistance of a clerk in the office of the
Secretary of State, no account of any
such action can be found.
Convention Records Badly Kept.
The records, so far as they could be
found, are not very complete, indicating
that the officers who had charge of them,
immediately after the close of the con
vention, did not consider" the papers intro
duced during the deliberations as of much
consequence after the constitution had
been adopted and signed by the delegates.
The original drafts of the -sections of
the constitution could not be found, and
what they contained must be Inferred
largely from the amendments which were
offered, and which are all mentioned and
preserved In the records. Enough was
discovered in searching the records re
garding this one section to indicate that
the records were not very accurately kept
at the. time the constitution was framed.
Three clerical errors, involving changes
or omissions of words, are found in the
last clause of the section on salaries.
Article 13 of the constitution reads as
follows:
The .Governor shall receive an annual salary
rof SIjOO. The Secretary of State shall receive
an annual ialary of flSOO. The Treasurer of
State shall .receive an annual salary of $800.
The Judges of the Supremo Court shall each
receive an annual salary of $2000. They shall
receive no fees or perquisites whatever for the
performance of any duties connected with their
respective offices; and the compensation of
officers, if not fixed by this constitution, shalf
be provided by law.
The original article contained a provi
sion that the salaries of the officers should
not be diminished during their term of
office, and in this the words "or In
creased" were Inserted, but later this
whole provision was stricken out. An
amendment was offered providing that the
salaries of the Governor and Secretary of
State should never exceed $2000, or the
salary of the Treasurer 41205, but this
amendment was rejected. Another
amendment was offered providing that
the salaries should never be increased or
diminished, except by amending the con
stitution, and this tilso was rejected. If
at any time the words "and no more"
were in the section and were stricken out,
that fact does not appear from any rec
ords now at hand.
Grounds for Jllnlmnnt View.
The argument that the salaries named
are minimum amounts could possibly be
based upon the action talcen on the pro
posed amendments. One amendment pro
posed a limitation on the salaries, and this
was rejected. Another provided that the
salaries should not be changed, except by
amending the constitution, and this was
rejected. It might he argued that this
showed an Intention on the part of the
convention to leave the Legislature the
power to change the salaries. The striking-
out of the provision that the .salaries
should not be diminished or increased
might also seem to support that view.
But, on the other hand, the fact that the
question was before the convention and
no provision was made authorizing
changes in the salaries would indicate
that it was Intended that no changes
should be made. If the salaries fixed In
the constitution were Intended to be the
exact sums to be drawn by the state of
ficers, the provisions which were stricken
out or rejected were surplusage, and add
ed nothing to the meaning of the section.
Since, the subject of Increase or decrease
was several times under discussion, it
would seem that, if the convention intend
ed the sums to be .the minimum salaries,
it would have Inserted the words "at
least," or "some 'other language to show
the Intention. The last clause provides
that the salaries of officers. If not fixed
by the constitution, shall be provided by
law. If the salaries of officers which are
fixed In the constitution can be changed
bylaw, they are not different from those
which are not fixed In the constitution,
and the last cleause means nothing, so
far as, making a distinction is concerned.'
The use6f 'the word "fixed," in referring
to the salaries named in the constitution,
would indicate an intention that they
should not be changed. :
Tjhe records of the constitutional con
vention show that the last clause of the
section-quoted should have read: "But
the? compensation of officers. If not fixed
by this constitution, .shall be as prescribed
bylaw.! It vfill be -seen that two words
areLchanged "and one omitted. There Is no
change in the meaning, so that the errors
only show the manner in which the rec
ords were kept. The amendment containing-
this provision was submitted by
George. .IT.- Williams, and was in his
handwriting. The error was made before
the constitution was adopted as a whole
and .signed by the delegates.
VIpw of a Convention JIcmLcr.
In hunting through the records one res
olution bn the subject of salaries was dis
covered which, was probably not Intended
to be taken seriously, though it was voted
on and appears-on the record. It Is 'as
'follo ws, and was introduced by AW. H.
Watkins, -of-Josephine Countyi
Resolved. .That, In the optnlon of this con
tention. JIST'BO Is an ample salary for the Gov
ernor;. 'provided, "that Ttfter the good old 'school
master' fashion he "boards around, and that the
committee of the whole be Instructed so to re
port. The resolution was voted down, and on
the following day, when Watkins asked
leave to have it stricken from the records,
permission was refused.
TOXGUE ADDRESSES STUDENTS.
Oregon ConffrcsMiian Discusses Snc
ceM. and Fnlliire In Life.
UNIVERSITY OF- OREGON. Eugene,
Nov. 5. (Special.) Hon. Thomas H.
Tongue addressed the students of the
university at assembly this morning on
"Success 'and Failure."- Mr. Tongue ar
rived in -Eugene yesterday, and was con
ducted, through the buildings in the after
noon by President Campbell and Regenf
Friendly. The meeting this morning was
well attended, not only by students and
faculty, but also. by many townspeople:
The address was particularly well worked
out, and its literary qualities were excel
lent. Before beginning his address Mr.
Tongue said that he was glad to learn
by personal inspection that the university
was abreast With the times in all its lines
of instruction. After clearly defining the
terms "success" and "failure." the speak
er Impressed his audience with the fact
that individuals, alike in respect to men
tal capacity, physical endurance and sur
rounded by the same influences, would
become as diverse in their accomplish
ments of life as are the meanings of suc
cess and failure. The lives of some great
men were then cited as examples of suc
cess, and In each case the predominating
key was shown to be hard work. "One
faculty they all have all .must have. It
it nothing more, and it is nothing less,
than the capacity forgreat work, facul
ties trained to .hard labor, the power to
do." Mr. Tongue then directed his re
marks square aV his audience, and said
that such faculties were not divine, and
that "they are within you, butVou alone
must devejop them." In referring to the
victory of Iewey, he said: "The victory
of Manila Bay did not make Admiral
Dewey great. The greatness of Dewey
made the victory of Manila Bay and de
termined the Issue of the, contest" To
the individuals who have been reared In
wealth and luxury, and who covet mental
growth, he said for them to flee from
the sheltered valley and transplant them
selves in the mountainside and wrestle
with the storms of life. But in such
strain ho did not mean to exhort them
to abstinence of pleasure, for pleasure Is
more sweet when taken at the interim of
labors.
RE5IOXSTRAXCE IS FILED.
Slllwnnkle People Petition Against
Incorporation.
OREGON CITY, Nov. 5. (Special.)
Wlth 24 signatures attached, a remon
strance against the incorporation of Mil
waukie was filed in the Commissioners'
Court this morning, and action was post
poned until 2 "o'clock tomorrow afternoon.
The remonstrators state that the general
law under which the election was held
Is unconstitutional and void, and even go
so far as to say that there Is no general
'law for the Incorporation of towns In this
state. The remonstrance further says
that the pretended law does not confer
upon the Board f Commissioners the
power to entertain Incorporation pro
ceedings; that the petition praying for
incorporation was not signed by 40 quail
fled electors; that hearing on the petition
was not had within two months from the
time it was flrst presented; that persons
who acted as Judges and clerks of elec
tion were not persons authorized under
the law; that they did not keep together,
but some of them "went home; that they
allowed persons to vote who were not
qualified electors; that they threw out
votes that sjiould have been counted; that
the proposed limits of the Incorporation
include unplatted lands, against the
wishes and protests of the owners, and
which were agricultural and wood lands,
and In no sense a part of any town; that
the whole matter Is a conspiracy, the ob
ject of which Is to throw upon a municipal
corporation the expense of litigation
which should be Instituted for the pur
pose of removing certain powder-houses
Included within the boundaries of the in
corporation. ARRESTED IX VICTORIA.
Cnptain Column, of Sim Francisco,
Charged With Kidnaping: His Child.
VICTORIA. B. C Nov. 5. Captain
John M. Colman, of San Franclscp, was
arrested on arrival here this morning of
the steamer Umatilla, from San Fran
cisco, charged with kidnaping Kathyllne
Colman, his 7- ear-old child, who was
awarded by the San Francisco courts "to
his divorced wife, since married to Cap
tain E. V. Smith, of San Francisco. Col
man was arretted on Information tele
graphed to Chief langley by Chief Wil
mar, of San Francisco, who said the
mother, accompanied by an officer with
extradition papers, was now en route.
Colman booked' on the Umatilla as John
W. Campbell.
Capital City Brevities.
SALEM, Nov. 5. (Special.) Superin
tendent of Public Instruction J. H. Acker
man today sent a circular letter to all
County Superintendents, asking them to
assist the order of the Sons of the Revo
lution in the competitive composition
work they have inaugurated in the public
schools.
The State Board of Education today
granted a state life diploma to Miss Ella
Slayback. who holds similar papers in
California.
Clayton Bradley was today held to an
swer In the Circuit Court on the charge
of pointing a revolver at 3. Southwlck.
Governor Gecr today received a petition
for the pardon of William Smith, who Is
saving a term in the penitentiary for
stabbing Councilman Inkle, at Silverton,
about a year ago.
Frank Randall, sentenced to one year in
the penitentiary on a charge of horse
stealing, was received at the prison today
from Harney County.
Qregon City Xotes.
OREGON CITY. Nov. 5. (Special.) W.
E. Kramer was this afternoon sentenced
to two years In the State Penitentiary
for forgery. He pleaded guilty and threw
himself upon the mercy of the court. His
former record is good, and the Judge was
lenient. A. A. Watts was arraigned on
the same charge and pleaded not guilty,
and his trial was set for next Monday.
He refused the services of an attorney,
saying that he would plead his own case.
Elsht hundred and sixty-one sacks of
wlifeat came down from the upper river
this afternoon on- the steamer Pomona
and were delivered to the Portland Flour
ing Mills Company's mill In this city.
Divorce decrees were handed down in
the Circuit Court today In the cases of
Mary A. Haley vs. John J. Haley and
-Llllle Scoggan vs. Woodford A. Scoggan.
To Recover Possession of Hops.
SALEM, Nov. 5. (Special.) A. F. Baclc
haus, a hop . dealer, today brought suit
against F. W. Buells, .a grower, and J.
M. Wolfard & Co. and William Brown &
Co. to recover possession of 54 bales of
hops, valued at $2423. On October 8 BacJt
haus began an action against Buells to
recover this same lot of hops, but he
was defeated on the ground, that Buell3
was not required to deliver' the hops un
til October 30. In deciding the case. Judge
Burnett also held that the hop contract
tinder which Backhaus claimed title was
in fact a mortgage. The same question
will probably come up again In this suit.
Lumberman Dies at Xortb. Ynklma.
NORTH YAKIMA, Wash., Nov. o.
(Special.) Fred Pennington, of Stillwater,
Minn'., died here tonight after a week's
Illness of typhoid fever. He was a pio
neer In the lumber business In Minnesota,
and up to a short time ago had interests
In the Industry on Puget Sound. He was
here looking after his investments In the
Yakima Hardware Coinpany and the Cas
cade Lumber Company. He retained a
large Interest in the Minnesota- lumber
trade.
Albany to Play Blonmontlt.
INDEPENDENCE. Nov. 5. (Special.)
The Albany College football team and
the Monmouth Normal School players will
contest for gridiron honors on the Mon
mouth campus, Saturday afternoon. The
Normalltes expect a defeat, but they are
working hard, under the instruction of
Coach Burnett, with a view of keeping
the score down.
Heavy Frost at The "Dalles.
THE DALLES, Or.. Nov. 5. (Special.)
The flrst heavy frost of the season fell
here last night, the mercury registering
28 degrees. Ice was formed on small
pools and 'remained unmelted In the streets
until nearly noon.
TOOK POISON AND DIED
SUICIDE OF CHARLES A. FITCH, OF
LAKE VIEW HERALD.
Was Fnsionlst Candidate for State
Printer in 1808 Reform Writ
er and S'pcalter.
LAKEVIEW. Or., Nov. 5. (Special.)
C. A. Fitch, editor of the Lakeview Her
ald, died at 9 o'clock tonight from an
overdose of 1 morphine, taken with "sui
cidal Intent.
(Charles A. Fitch was the Fuslonist
candidate for State Printer in 1E98. Pre
viously he ran a Populist paper In Oregon
City three years, contributing materially
to the wave of Populism that swept
Clackamas County in 1ES6. Subsequently
his paper was consolidated with the Ore
gon City Courier. After the failure of
his campaign for State Printer, ho went
to Lewis County, Washington, for a time,
WILL PROBABLY BE IDAHO'S NEXT UNITED STATES
SENATOR.
W. E. BORAH, REPUBLICAN, OF BOISE.
BOISE, IdahoK Nov. 5. (Special.) The sweeping victory of tho Republicans
yesterday makes It almost certain that Judge W. E. Borah, of this city, will be
elected to succeed Senator Heltfcld. This was really one of the lfsues of tho
campalcn Just closed. Judge Borah U one of the leaders In his party, being pop-
ularly known as tho "young man's Idol," and waa the author of the famous
tariff reform plank In the state platform. The determined stand of the party
on the tariff and other National Issues had much to do yesterday with placing
Idaho In the Republican column once more.
and then returned to Oregon, and for the
past two years he has been editor of the
Lakeview Herald.. He was a good stump
speaker, as well as effective writer. He
was tinder 40 years of age. and left a
wife and one or two children.)
MARION COUNTY TEACHERS.
Institute at Salem Is Addressed by
Prominent Educators.
SALEM, Nov. 5. (Special.) The Ma
rion County Teachers' Institute convened
in this city this morning with about 200
teachers in attendance. Led by Professor
W. J. Crawford, the teachers opened tho
Institute by singing "America." The first
subject discusned was "Primary Arith
metic," by Professor Rigler, of Portland.
At the afternoon se3lon Professor S.
Y. Glllan took tho platform, the subject
for discussion being "Pedagogy of Read
ing and Language." Tho speaker said
that there a.r&. four means of communica
tion or language powers, namely, voice,
ear, hand and eye. Two organs are for
reception, two for expression. A clrclo
was drawn and the four powers mapped
out. a quadrant representing a part. This
represents a perfect man and education
Is to train all of the powers. Some of us
are very defective In one or more of thc92
points. The savage uses only the ear
and voice, but as soon as he begins to use
the hand as a medium of expression he
ceases to be a savage. In the flrnt days
In school the child exhibits mostly the !
savage side of his nature. We are to do
our best to develop the added virtues of
an education.
Superintendent Rigler followed In a dis
cussion on "Primary Reading." He took
up the mere matter of word-calling as a
meann of expression. This Is tho flrst
work in school. The word method Is the
one In general use.
The next speaker was Professor S. Y.
Glllan, of Milwaukee. Wis., on the sub
ject of geography. By a pleasing Intro
duction the speaker awakened the Inter
est. He proceeded to give a number of
questions.
The next subject after recess was the
state course of study, led by Superinten
dent Ackerman. The speaker claimed
that the pupils in Oregon should receive
their education In our own state. ' The
number of studies contained In the course
was examined, and It was shown that In
physiology, language and geography the
work In the schools was diminished about
one-half. Supplementary reading was
discussed, and teachers were advised to
ask the boards at the end of the year to
use any small sum In their hands to fur
nish these books to the district. It 13
not Intended that pupils buy the supple
mcntqry bboks. If you are preparing for
examinations use White's "Art of Teach
ing," as the questions will be taken from
that In language from now on. Higher
lessons In English should not be In tho
rural schools of one room. Do not use!
this book below the eighth grade. In.
geography, schools of one room shouid
use only the elementary book. The
school board should decide whether there
shall be a two-book or a three-book
course. Vertical writing Is adopted by
the state. Use the book on civil govern
ment as a reading book. Reduce your
number-of recitations to a minimum.
AXXUAL MEETING IX SALEM.
Younpr Women's Christian Associa
tion Convention Next Week.
SALEM, Or., Nov. 5. (Special.) The
11th annual convention of the Young
Women's Christian Association will bo
held at Salem, beginning Friday even
ing, November 14, and closing Sunday
evening, November 16. The sessions will
be. held In the chapel of Willamette Uni
versity, with the exception that a lunch
eon will be served Jn the society halls
Saturday noon and a reception will bo
given Saturday evening in the parlors of
the First M. E, Church.
The speakers at the convention will be:
Mrs. F. F. Haradon, Mrs. Louis Burke,
Mrs. Frank C. Miller. Miss Annie Farrell,
Miss LodlseF. Shields, all of Portland,
and members of the executive committee;
Miss Constance McCorkle, State Secretary
of Colorado; Reno Hutchinson, of the
Portland Y. M. C. A., and various mem
bers of the student associations.
Thexflrst session will be held Friday
evening, when addresses of welcome will
be given and the delegates will be as
signed to places to stay during the con-
ventlon. All delegates are expected to
send their names to Miss Emma Clark,
Salem, Or., by November 7. The business
meeting will be held Saturday forenoon.
At the luncheon Saturday noon many,
toasts will be given, and the delegation
from each college will be called upon to
sing Its college song.
PRIZES FOR SCHOLARSHIP.
Offered Pacific University Students
by Corbett and Tibbnls.
PACIFIC UNIVERSITY, Forest Grove,
Nov. 5. It has been announced to the
students that the Corbett prize for
scholarship of ?50 and the Tibbals prize
for oratory of ?50 have been again of
fered this year, the former by Hon H.
W. Corbett, of Portland, and the latter
by Hon. W. H. Tibbals, of Salt Lake
City. List year the Corbett prize was
divided between the classes In public
speaking and calculus. It has not yet
been determined where it will go this
year. It was under the stimulus of the
Tibbals prize that W. G. Hale won the
state contest last year with his oration,
"John Brown of Osawatomle." Mr. Tib
bals further donates to the library an
entire Bet of the Century Magazine, with
index, consisting altogether of over CO
volumes, and Including the very first
numbers, then called Scrlbner's Maga
zlne. but which was later changed to the.
Century.
Delegates to State Convention.
Last night the Y. W. C. A. elected tho
following delegates to the state Y. W.
C. A. convention, which will be hcd In
Salem November 14-16: Misses Mary
Bailey, Anna Sorenson, Ethel Waters,
Annie English, Mary TIchenor, Llvla Fer
rln, Laura Day, Wavelle Cunningham,
Vera Jackson, Una Wilson, Belle Brock,
Myra Montgomery and Hattio Yoder. Tho
delegation will be accompanied by Pro
fessor Farnham.
Registration Is Now 2t.
The registration to date in the college
and academy IsTlo. This is an Increase
of 17 per cent over the attendance at this
time last year.
DIES FROM ACCIDENT.
Tblrteen-Year-Old Boy Whose Slcnll
AVns Fractured in Pendleton.
PENDLETON, Or., Nov. 5. (Special.)
Ray Moorhead. the 13-year-old son of a
widow, who was struck on the head yes
terday at the electric light station by a
falling piece of machinery, died at the
Sisters' Hospital today. His skull was
fractured so that the brain was exposed,
yet he walked to his home, a distance of
300 yards, after being injured. His mother
came here recently with her family from
Kansas.
Stole Horse From Indian.
Basil Bushman, a French half-breed,
living on the Umatilla reservation, was
bound over by" the United States Com
missioner today for stealing a hcrse from
an Indian owner. In default of bail he
was; taken this evening to Portland by
Deputy Marshal Jacob Proebstel.
Forger Brought From Seattle.
V. E. Finch, the young forger who ab
sconded a few days ago, was brought
back from Seattle last night by Sheriff
T. D. Taylor, and with a companion. Loss
Omans, who Is supposed to be a partici
pant Jn the crime, was committed to the
county jail. Several larcenies are said to
have been committed by Finch recently,
and his chances for the penitentiary seem
very good.
Heavy Frost la the County.
There was a hard frost here and
throughout the County of Umatilla last
night, ice' forming in many places.
CRIMINALS PLAY HAVOC.
nobbery, Thefts and Probable Mur
der, Seattle's Election Record;
SEATTLE, Nov. 5. Criminals, played
havoc here last night, taking a'dvantage
of the election excitement. Arthur Buck,
a well-known merchant, was held up
and robbed of money. Tho home of W.
F. Paull was entered and robbed of jew
elry. Lottie Brace, a variety actress, was
stabbed, and may die from her wounds.
There were. In addition, five petty thefts
and two suicides, the victims being Floyd
Sldcum and Alvln Anderson.
La Grande ?otcs. t
LA GRANDE. Or., Nov. 5. (Special.)
Jt was quite cold here last night, and
during this forenoon snow fey for some
time. In the valley It melted, almbst as
soon as it fell, but the foothills are still
white. Tonight the snow Is again falling
rapidly.
Thomas McConnell, who owns a large
tract of land In Grand Ronde Valley, Is
engaged In putting down an artesian well.
He is confident that a large flow of water
can be secured, and will push the work
rapidly to conclusion.
The sugar factory has already received
13,4(0 tons of beets, which amount is
greater than the whole -crop any previous
year. Of this amount. 11.C00 ton3 have
been cut. The run will probably last
throe weeks. In order to cut the beets on
hand and those yet to come in.
To Represent the Sophomores.
UNIVERSITY OF OREGON. Eugene,
Nov. 5. (Special.) Mabel C. Smith has
been elected by the sophomore class to
represent the class in the local oratorical
contest to be held' in February of the
coming year.
BIG LIVESTOCK COMPANY
INCORPORATED yAT EUGENE WITH
A CAPITAL OF 1,000,000.
Formed by Members of Booth-Kelly
, Lumber Company, to Develop In
dustry in Cascade Mountains.
EUGENE, Nov. 5. The Oregon Land &
Livestock Company today filed articles
of incorporation with the County Clerk.
The capital stock of the company is J1.0C0,
000, and the principal place of business
is Eugene. The Incorporators are K. A.
Booth, John F. Kelly and George H.
Kelly. The objects of the Incorporation
cover nearly everything in the livestock
business. This company has been formed
by members of the Booth-Kelly Lumber
Company, and Is for the purpose of de
veloping a portion of the property of that
company, recently, acquired from the Mili
tary Wagon Road Company, and the
new company will take all that portion of
.the land grant east of the Cascade Moun
tains which has been found to be more
valuable for stockralsing than for timber.
An extensive Industry Is thus to be de
veloped. J
CLUB ELECTS. OFFICERS.
Salem Commercial Organisation Do
lnt? Mucb Good Work.
SALEM. Nov. 5. (Special.) The an
nual meeting of the Greater Salem Com
mercial Club this evening was a most
enthusiastic session of a very successful
year. Officers were re-elected as follows:
President, H. B. Thlelsen; vice-president,
E. A. Pierce; secretary, N. J. Judah;
treasurer, J. H. Albert; executive com
mittee, J. G. Graham, Walter Lyon, J.
L. Stockton and E. Hofer.
The club has 210 members, and during
the year has aided in starting the flax In
dustry here, has distributed immigration
literature throughout the East, and has
taken the lead In all. local enterprises oi
public Interest. -In the discussions to
night It was learned that practical ex
perience" has demonstrated that sheep
skins tanned In water here make better
glove leather than skins tanned In any
other place In the United States. Peculi
arities of the water also make It excep
tionally good for pitting flax. The club
will make great efforts during the com
ing year to build up these Industries.
Chairman Albert, of the advertising
commltte- announced that French prune
dealers have bought 26 carloads of
"French" prunes grown In Oregon to ship
to France. Many prune orchards near Sa
lem have this year yielded a profit of $100
per acre. Three facts will be made prom
inent In advertising.
BURTON TRIAL BEGINS.
Jury Is Obtained, and Severnl Wlt
neaKes Are Examined.
EUGENE, Or.. Nov. 5. The trial of Bert
Hcaton for the murder of Benton Tracy
was begun in the Circuit Court today. The
jury was obtained and sworn, and, after
the statements of the prosecution and de
fense, 'several of the state witnesses were
examined. Tho trial will probably last
for several days. Following is the jury:
J. S. Taylor, L. E. Thompson. Charlea
Culbcrt, H. Hunter, W. B. Mummcy,
Volney Hemenwny. R. M. McMurphey,
H. A. Kompp, J. M. Martin, Percy Long,
George Holland and James Kennedy.
Charged With Embezzlement.
SAN FRANCISCO. Nov. 5.-John Law
rence O'Brien Is 'under arrest here on a
warrant from Washington. D. C, on a
charge of embezzlement. O'Brien wa3 on
his wedding journey,
HAYTIAN SITUATION BAD
Consuls Refuse Nord's Request for
Surrender of Political Refugees.
PORT AU PRINCE. Hayti. Nov. 5. The
situation here has improved since yester
day. The 1200 armed Fourchidists are at
present encamped in ;the outskirts of the
city.
The situation at Gonlvaes Is serious.
General Nord insists upon the , surrender
to him of political refugees who sought
protection in foreign consulates there,
and the members of the diplomatic corps
protest against this being done.
A dispatch received from Port Au Prince
yesterday said about 1200 Fourchidlsts
entered the capital November 3, returning
from the campaign against General Flr
mln, had had a conflict with the civil
authorities. THere was heavy firing dur
ing the night of November 3, when seven
persons were killed and many wounded.
The disorders continued during yesterday,
another conflict resulting In several cas
ualties. AGAIN ESCAPES FROM REBELS.
Governor-General Vlveros Returns
to Panama.
PANAMA. Nov. 5. Governor-General
Vlveros, who "was made a prisoner at
Tumaco In 1901, and taken from there by
the rebel General Herrera to Agua Dulce,
whence he escaped in January of 'this
year, to be captured again at. the second
battle of Agua Dulce. has again escaped
from the rebels. lie reached Panama this
morning.
General Vlveros brings Information that
General Morales Verti, who surrendered
to General Herrera at Agua Dulce, Gen
eral Gomez and other veteran officers are
now being held at Chiriqui, where they
ruffer much from the privations of cap
tivity. General Hcrrcra's army at present con
sists of 5000, Including the government
prisoners, who have been incorporated in
it. These soldiers must be watched care
fully In order to prevent them from de
serting. The rebel army, according to
A MTTiTJON AMERICAN BEAUTIES keep their blood pure, their complexion ecffc and cloar,
thoir breath sweet andtfeeir whole bodies active and healthy -with CASCARETS Candy
Cathartic. The quick ofTocts of CASCARETS as system cleaners and blood purifiers; thoir
promptness in curing1 pimples, boils, blotches, liver-spots, blackheads, and in sweetening- a
taintod broath, have become known through the kind words of ladies who have tried them.
Hence the sale of nearly A MILLION BOXES A MONTH. Tho quickest, surest, way to beauty
is to cleanse the blood, for Beauty's Blood Deep. The first rule for purifying the bleed is to keop
the bowels free, gently but positively. CASCARETS Candy Cathartic are the orily medicine
to do it. All druggists, 10c, 25c, 50c. Never sold in bulk. Tho genuine tablet stamped C C C.
Sample and booklet free. Address Sterling Remedy Co., Chicago or New York. m
General Vlveros, is encamped from Agua
Dulce to Chorreri.
Admiral Casey visited 'Acting Consul
Ehrmann this morning.
Prince Shaler, of the Panama Railroad,
Assistant Superintendent Prescott. Cap
tain Beers and other well-known members
of the American colony in Panama, break
fasted on board the United States battle
ship Wisconsin today.
New Peruvian Cabinet Organizes.
LIMA, Peru, Nov. 5. The new Cabinet
organized today. Eugenlo Larrabure
Unanaue took the oath of office, and the
portfolios were assigned as follows: Pres
ident of the" Cabinet and Minister of For
eign Affairs, Eugenio Larrabure-Unanaue;
Minister of "Home Affairs. Dr. Rafaelo
VlUanaueva; Minister of Justice. Telema
co Orlhuela; Minister of War, Commander
Manuel A. Villavicenclo; Minister of Fi
nance, Pablo Sarrla; Minister of Public
Works, David Matto.
ELECTION IN PORTO RICO
Republicans Win. a Sweeping Vlctory
Hunt Preserves Order.
SAN JUAN. P. rTTnov. 5. There were
no serious disturbances anywhere in Porto
Rico yesterday. The election, which re-
suited In a sweeping Republican victory,
passed off quietly. This was large
ly due to the, fact that Governor Hunt
sent 22 special representatives covering
the whole sland with plenary powers to
adjust differences summarily. Frederlco
Deguites was re-elected Resident Commis
sioner at Washington by a large major
ity. The Federals have 10 delegates to
the Legislature and the Republicans 25.
In most of the turbulent districts and
cities the Federals, through Intimidation,
abstained entirely from voting, and lost
five delegates to the Legislature. Fraud
was charged everywhere, and tho Gov
ernment has promised prompt prosecu
tions. The -American Federal party, through its
president. Mr. Palmer, today Issued a
proclamation complaining bitterly of what
.Is termed the partiality of the govcfti
mcnt in favoring the Republicans in the
election yesterday. The proclamation re
views the party's causes of complaint, and
declares that a manifesto will be Issued to
the people of the United States, accom
panied by particulars and proofs of tho
alleged outrages. President Palmer was
questioned concerning this plan today. He
said:
"The Idea of the committee 13 to call a
mass meeting In San Juan shortly, and
then -to choose four delegates, two of
whom are tb be Americans, to go to Wash
ington and lay the party's grievances be
fore President Roosevelt and ask redress.
Our principal complaints are that the
laws are made for the Republicans ana.
administered In their favor; the undis
guised action of the executive council In
turning over tho election to the Repub
licans; the general partiality of the gov
ernment; the crimes of the insular police
In countenancing lawlessness and mob
force, intimidating and driving the best
citizens away from the island; gross elec
tion frauds, and the shutting out of mem
bers of the Federal party from the elec
tions, and failure to take measures to
right wrongs."
CUB ANSPROTESTSTRONGLY
Object to Detention of Children
Bound for California Sebool.
WASHINGTON. Nov. 5. Scnor Quesada.
the Cuban Minister, has received informa
tion regarding the Cuban children who re
cently arrived at New York destined for
a school at Point Loma, Cal.. and who
were detained by the Immigration offi
cials. This was to the effect that tho
departure of the children wa3 properly
authorized by .their parents and tutors.
The Minister also has received cablegram.-;
from the Civil Governor, the Sen
ator and newspapers of Santiago Prov
ince protesting against interference with
the children proceeding to their destina
tion. Case Adjourned Until Tomorrow.
NEW YORK, Oct.. 5. A cablegram was
received by the Immigration officials yes
terday from the Mayor of Santiago, Cuba,
demanding that the Cuban children held
here be released. The officials" cross-examined
Mr. Spalding, their agent, and
asked him numerous questions about
Kathcrir.e Tingley's early life, to which
Mr. Spalding replied, "I don't know." The
case was adjourned until Friday after
noon for further evidence and argument.
FEW DEATHS BY VOLCANO
People of Gnntemala Flee, Leaving
100,000 Cattle to Perish.
NEW YORK, Nov. 5. Details of the re
cent eruption of the Santa Maria volcano
show that there was little loss of life, says
a Herald dispatch from Guatemala City.
When the earthquake shocks began tho
day befbre the eruption, the Inhabitants
of the surrounding country fled, leaving
about all of their possessions behind. The
country for a radius of 15 miles around
the volcano Is. covered with stones and
ashes several feet deep. Fully 100,000
mules, cattle and sheep perished. The
great coffee crop, ready for picking, was
completely destroyed, and so also were
many coffee trees.
A second crater has been discovered on
the side of the volcano. A strong odor of
sulphur permeated the atmosphere for a
radius of 20 miles. The explosions and
earthquake shocks continued four days,
and were heard and felt all over the re
public. -The country is covered with a
mantle of ashes resembling snow.
Will of Francis A. Pnlmer.
NEW YORK, Nov. 5. The will of the
late Francis A. Palmer, formerly president
of the National Broadway Bank, was filed
for probate today. It values the real
property at JS00.0O0, and the personal at
5150.CCO. The heirs arc J. R. Palmer, of
Castle Craig, Shasta County, Cal.,
a brother, and Gertrude Knapp and Mary
THE PiNKHAM GORES
ATTRACTING GREAT ATTENTION ASOSfi
Mrs. Frances Stafford, of 243 S.
114th St., N.Y. City, adds her tes
timony to the Jiundreds of thou
sands on Mrs. Pinkhanrs files.
When Lyclia E. Pinlchain's Reme
dies were first introduced skeptics
all over the country frowned upon
their curative claims, but as year
after year has rolled by and tho
little group of women who had been,
cured by ihe jiew discovery has
isince grown into a vast army of
hundreds of thousands, doubts and
skepticisms have been swept away
as by a mighty flood, until to-day
the great good that Lydia E.
PiEkhnm's Vegetable Compound
-and her other medicines are doing
among the women of America is
attracting the attention of many of
our leading scientists, physicians
and thinking people.
Merit alone could win such fama;
wise, therefore, is the woman who
for a cure relies upon Tydia E.
Pinkham'sTegetableCompoimd,
Kepner. of Wallingford, Conn., nieces.
The will gives His brother $1200 a year an
nuity, and makes bequests of SCO.GOO to col
leges. The residue of the will ?i? left to the
Francis Asbury Palmer fund, and the
value of this bciuest in the petition Is es
timated at ?."C0,CC0.
Roltliers Kloiv Up ICnrisa's Bank.
FORT SCOTT. Kan., Nov. 5. The Ba-.Ii
of Richards, Mo., eight miles ea'st of here,
was blown up early this morning, and
the burglars got awav with 515S9. Two
robbers came to Fort bcott on a handcar
and ate breakfast at a luncheon here,
and paid for it with a smoked half-dollar
taken from the bank. The officers are In
close pursuit.
BUSINESS ITE3IS.
If Bnny I Cuttlns Teeth.
Cfl rure and u.vj that old and well-tried rernedr.
Mrs. "Vflnalow's Soothing Syrup, for children
t-thing. It soothes th child, soitena the Kunj..
all.ivs all rain, euros wlnil colic and d!arrluM.
Social progress has done away with a
great many forms of punishment once
administered under the laws of enlight
ened peopl. But Mature never changes
or modifies lier penalties. Slie still has
tne same pumsn
ment for the man
who neglects or
abuses his stomach
as she had in the
far off days "when
Adam delved and
Eve span."
TJie physical dis
comfort, dullness,
sluggishness, irri
tability, nervous
ness and sleepless
ness which are
visited -upon the
man who eats care
lessly or irregularly
have been from the
beginning the evi
dences of disease of
-l tin
as;
-
the stomach and its
associated organs of
gestion and nu-
en Medical Discovery cures the diseased
stomach and enables the perfect digestion
and assimilation of food, so that the
sluggishness, irritability, nervousness and
sleeplessness which result from innutri
tion are cured also.
"I was taken sick nine years ago with fever."
writes ilr. M. M.Ward well, of I.iawood. Leaven
worth Co.. Kansas. "Had the doctor and he
broke up the fever all right, but I took diar
rhea right away; he couldn't cure it and it
btcanie chronic, aud then he gave"""up the case.
I got so weak with it and had piles so badly I
couldn't lie down, nor hardly sit up. Wa3
that way two or three months : thought I would
' never be well agaiu,' but picked up one of Dr.
Pierce's Memorandum Books one day and saw
your descriotiou of catarrh of the stomach. I
thought it hit my ca3e. We had a bottle of Dr.
Pierce's Golden Medical Discovery in the house
that was got for mother. You recommend it for
catarrh ot the stomach, so I went to taking it.
The one bottle nearly cured tne. I got two bot
tics next time and took one and. one-half and
was well. I haven't been bothered with diar
rhoea since."
Dr. Pierce's Pellets cure biliousness
jlk