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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 18, 1902)
THE MORNING OREGONIAN, TUESDAY, NC"TMBER 18, 1902. LAND BOARD WINS State Courts Will Not Con trol Board's Actions. SUPREME COURT. SO DECIDES Several Cases PcadiiiBr 7W111 be Gov erned by This Decision Hume Winn Etrelnvulve .Right to Use . EogBe Hlvcr . Fishery t The State Land Board -is a co-ordinate-department of the Government, whose decisions the courts -will not review. t'nder the statutes of 1899. R. D. Hume has the exclusive, right to take;, nsh In the fishery at J the mouth of Rogue River. An appeal does not He from a decision upon the ground that the lower court erred In the reasons gipon which it based its decision. If the decree be all that is asked. SALEM; Nov.. 17.-(SpecIal.)-The Su preme Court today handed down two deci sions, most important of which is that In the case of Robertson vs. the State Land Board. In which it is held that the State L,and Board is a co-ordinate depart ment of the state government, whose de cisions the courts cannot control. This decision will settle a number of cases now pending. In the other case. R. D. Hume is declared to have an bxcluslve right to take fish in the Rogue River fisheries. Robertson vs. Land Board. C. H. Robertson, appellant, vs. State T.rmd Board, respondent from Marlon County, R. P. Boise, Judge: affirmed. Opinion by Chief Justice Moore. This v.-&3 a -nandamus proceeding brought against the Governor, Secretary of State and State Treasurer, to compel them to accept plaintiff's application to purchase certain nlloged school land, and to Issue him a certificate of sale there for. The land In question Is 320 acres in section 1G. township 4 south, range 17 east of the Willamette meridian. This land was sold by ihe board in 1896 and 1897 to T. TV. and A. C. Huff. They were to pay fcr the land In installments. In September. 1901. the Huffs were a year dellr.iuent In their payments, two years having expired since they made their last payment. When Robertson filed his ap plication to buy the same land, the board made an order directing the Clerk to no tify the Huffs that if they failed to make their payments within SO days their cer tificates of sale would be cancelled. The rules of the board then in force required the giving of 30 days' notice to delin quents before their certificates of sale should be cancelled- The facts having been submitted to the lower court upon a demurrer to the complaint, the suit was. dismissed and plaintiff appealed. The Supreme Court says that only one question Is involved: "Whether manda mus -will He to compel the members of the State Land Board to cancel a contract for the sale of state land and to declare a forfeiture of the money paid on account thereof." The Supreme Court cites as authority the decision of this court In the case of Corpe vs. Brooks, 8 Oregon, 222. In which Judge Boise, writing the opinion, said: "This board Is created by the state con stitution and by It is invested with the power to dispose of these state lands, and its powers and duties are such as "are prescribed by law. It Is ... a part of the administrative department of thejjov ernment, and exercises its powers Inde pendent of the judiciary department, and its decisions are not subject to be re versed by this court. It occupies In this stats the same relation to the state ju diciary as the land department of Ihe United States does to the United States courts, and Its decisions have not been the subject of review by the United States courts." It Is held that the "decision In that case Is controlling' in the present case, and that the State "Land Board Is not an Inferior tribunal, but a co-ordinate de partment of the state government, whose decisions the courts cannot control Unnie va. Turner. R. D. Hume, appellant, vs. Jesse Tur ner. Sheriff of Curry Qounty. Asa Turner, Charles Strahn et al., respondents, from Curry County, J. W. Hamilton, Judge; appeal dismissed. Opinion by Justice Wol verton. This was a suit for an injunction. Plain tiff alleged that for more than fifteen years he has been the owner of all the lands adjacent to Rogue River, In Curry County, extending -,from Jts mouth up stream for a distance of five miles, and also all the tide, swamp and overflowed lands lyinc between such banks, together with a portion of the bed of the stream; that there Is in the waters of the river "a private fishers', of which plaintiff is the owner., and which fishery comprises the entire stream for a mile In length. It was also alleged that plaintiff and his prede cessors have had exclusive and continu ous possession of this fishery for 40 years past; that the river was navigable for a mile from Its mouth for small sea-going vessels, and that defendants conspired to gether to prevent plaintiff from carrying on his business of fishing' by placing buoys where he was accustomed to draw his seines, cutting his nets. etc. Hume asked that defendants be enjoined from entering upon said fishery for the pur pose of fishing therein or In any manner interrupting plaintiff in the use thereof. The decision In the lower court was in accordance with the prayer of the com plaint. In deciding the case, the lower court rendered Its opinion in writing, basing Its conclusion upon the act of 1899, which gives to the owners of tide lands and ri parian owners above tide water the ex clusive right of fishing for salmon with seines and nets and hauling and landing the same on such lands. Hume appealed to the Supreme Court, not because he was dissatisfied with the relief granted, but because he -wanted the relief granted upon the ground of his prescriptive right. The defendants' made no4 appearance in the Supreme Court, but upon Its own motion that tribunal dismisses Hume's ap peal, holding that since he, was given what he asked for. he has no cause for appeal. The opinion of the lower court, not being a part of the record, has no effect upon the decree. Under the con ditions prevailing, the decree would seem effectually to preclude the defendants from entering upon or occupying the fish ery at any point, and plaintiff could have no greater relief. WIFE'S'PROPEItTY LIABLE, afay JEJe Attached for -Payment of Bills for Family Supplies. SALEM. Nov., 17. (Special.) Judge Boise has just rendered a decision of some importirice" to grocerymen. since- It affect the Joint liability of husband and wife in the payment of bills for family supplies. In deciding for the plaintiff in the ac tion for mtfhey, suit of John G. Wright "vs. R. C. Halley and Mary Halley. his wife. Judge Boise holds that "the property of the wife can be subjected to the pay ment of a debt when it has been shown that the indebtedness was contracted for family supplies,- even if the husband gave his personal note for the amount. The action was brought to apply a judgment on the wife's property. The original complaint alleged ah Indebtedness of about $240 for a grocery bill. For the transactions between May 20, 1SS2, and January 11, 1S86, there remained a bal ance due of $64 44, and for that amount the "husband gave his note. On May 5, 1897, when the plaintiff retired from bus iness, there remained a further balance due .of $84 70. The old note was can celed and the husband gave a new note for $219, representing the two amounts and the accrued Interest. On the second note a payment of ?50 was made, and in October last an action was brought against the husband and a Judgment for the entire amount was rendered by de fault. The husband, having no property, another action was brought to subject the wife's property to' the judgment. In disposing of the c"ase, Judge Boise holds that the first note was outlawed as against the wife, but as to the second note, holds that the wife's property Is liable for the amount of the second bal ance of $S4 70, which was incorporated In the new note, together with the origi nal balance and accrued interest. A decree was returned for the plaintiff. In the sum 'of $84 70, with an order for the sale of the property. The ruling of the court was made on Section 2S74, Hill's Code, as It relates to family supplies. The case was vigorously contested. R. J. Fleming represented the plaintiff, while the defendants appeared by Carson & Adams. W. H. Holmes and Webster Holmes. POSSESSOR IS OWNER, Defense for Man Clinked WItb Stenllnpr Gambling Proxerty. ' THE DALLES, Nov. 17. (Special.) Public Interest in this city has centered during the past few days In the trial of Hugh Hagan, charged with robbing the cigar, store of B. H. Grant about a month ago, securing something under $100 from the nlckel-In-the-slot machine and a small sum from the cash drawer. Hagan Is a well-known young man about town, who belongs to a pioneer family of Wasco County. The courtroom throughout the trial has been crowded with spectators, the case going to the jury Thursday night. Last evening the Jury asked to be discharged, reporting themselves un able to agree upon a verdict. Bennett & Slnnott. the attorneys of 'this city employed by Hagan's relatives to con duct his case, based their defense principally upon the theory that it Is not unlawful to rob a gambling device, namely a nlckl-in-the-slot machine, the one In question being the joint -property of Mr. Grant and C. F. Michaelbach. In this connection Judge Bradshaw made the following significant charge to the Jury: It Is alleged In the Information that, the money was the Joint ' property of Grant and Michaelbach. and that It was such joint prop erty must be proven beyond a reasonable doubt before you can convict. Upon this question of ownership I charge you that the agreement between Michaelbach and Grant as to the division of the. money was void and against the public policy, and no Joint ownership could be based thereon. The money being .confessedly deposited In a gambling device, the only ownership (If any) which could be In Grant and Michaelbach would be that of possession, and, therefore, unless you find from the evidence that eald Grant and Michaelbach were at the time of the alleged crime In the Joint possession of the money alleged to ha-e been stolen, you must find defendant not guilty. If you find from the evidence that the mony alleged to have been taken from the slot machine was In the possession of Michaelbach, and not. In the Joint possession of both, you would have to acquit evn If you should think the defendant took the money. So, If you find that the money was In the possession of Grant alone, you could not con- ; vict. District Attorney Menefee and his dep uty, F. W. Wilson, conducted the prose cution for the state. REFUSED THIRD TRIAL. No Hope for Homer Bird, tbe Alnslcan aiitrrtcrcr. WASHINGTON. Nov. 17. The United States Supreme Court today, in an opin ion by Justice McKenna, affirmed the dif ferent lower courts In the case of Homer Bird pgainot the United States, coming to the court on a writ of error from the District Court of Alaska, by which court Bird was convicted of murder. The mur der occurre&aTdurlng the Klondike excite ment in 1SS. EIrd. a contractor of New Orleans, was cn his way to that section with a. party, when he quarreled with some members of his party and killed two of "them. The case has had two hearings In the Supreme Court. The first hearing resulted In the ordering of a new trial. The trial resulted in a conviction, and the case was again brought to this court, with the result that- this time the decision was against the accused. The case Involved the question whether the trial of the case under the act of lS&i was regular, and the court held that it was so. INJURED CONDUCTOR DIES. J. P. McErlnuc Crushed Between Trro Cnrs at Needle, Cnl. ASHLAND, Nov. 17. (Special.) James P. McErlane, a well-known Oregon rail road conductor, was crushed to death be tween two cars on the Santa Fe Railroad and died at Needles, Cil., yesterday. His body will be brought to Ashland for in terment. The deceased was a member of the O. R. C. Lodge, of Portland, and for ten years worked ,on the Southern Pacific Company's lines, running put of Albany. He had been wirklng on the Santa Fe road during the past year. He leaves a wife, who Is the daughter of the late A. Radcllff, of this city, and one child. Formerly an Albany Man. ALBANY, Or., Nov. 17. (Special.) A message was received here this evening announcing the death of James McErlatto In a railroad acldent at Needles, Cal. Mc Erlane .was a former railroad conductor on the Corvallls & Eastern, running out of Albany. His relatives live in Ashland, and his remains will be interred there. The deceased was. a member of the Ma sonic order in Albany. ColIcKe Glee Clnb at Wcortburn. WOODBURN. Nov. 17. (Special.)-The Mount Angel College Glee Club appeared at the opera-bou.s'- here Friday fenlng and scored another success. Th pro gramme included, in addition u the vo cal number.', selections by the college orchestra and band.5 besides u -hurt rol licking farce. A spoclil musif&i feature was the string quintet. The TU.v. F. Dominic conducted the performance. Upper 'River Service Itt'Niiiisetl. ALBANY. Nov. 17. Special.; -Regular dally boat service has bg;::i again on the upper Willamette. The O. li. & N. boats make, a trjp "daily between Portland and Corvallls. stopping at all way points. This is a source, of convenience and pleas ure to Albany people, as It makes a morning and evening connection between Albany and Corvallls, and Albany and Independence. For Cbrysantliemnm Fair. INDEPENDENCE, Or., Nov. 17. (Special.) The women of the Methodist church are making extensive prepara tions for their annual chrysanthemum fair, to be held here la December. The event lasts several days, Includes liter ary and musical exercises, exhibits, etc. Met With Painful Accident. INDEPENDENCE, Or., Nov. 17. George E. Brey, proprietor of a ware house here, met with a painful accident last week. In some manner he fell and a gash was cut In the back of the head His wound, however, is healing as rapid ly as could be expected. The Hot Springs .of ArUansns. The Missouri Pacific has the shortest route from the Pacific Northwest to the famous Hot Springs of Arkansas. For in formation as to rates and service, ad dress L. M. Fletoh"'- Padflf TrtBist acent Kaia Francisco. " 1 HALL FOR LAWMAKERS WASHINGTON .LEGISLATURES TO MEET IN FRAME JBUILDING. Old Capitol Has Be'cn Abandoned and Temporary .Quarters Secnred Near Unfinished Structure. OLYMPIA, Wash., Nov. 17. (Special.) Secretary of State Nichols, who has in hand the matter of securing quarters for the coming session of the Legislature, an nounced today that the historic frame building on Capitol Hill which has done service1 so long as a legislative hall would be abandoned, and that .quarters would be prepared for the Legislature in a large frame structure that stands one block east of the unfinished legislative hall now building. The building to be occupied by the Leg islature this Winter will make four In number In Olympia that have seen like service. The first Territorial Legislature met In a two-story frame building on the water front; the second In the Masonic PROMINENT WASHINGTON COUNTY CITIZEN. fefP - : HON. DAVID MARSHALL DUNBAR, NOVEMBER Temple, that still stands directly opposite the Olympia Hotel; the third in the build- ing on Capitol Hill erected fcr the pur pose, and which succeeding Legislatures have occupied until this year. The structure selected by Secretary of State Nichols did duty in boom times as a J. in accordance with the law governing department store. A portion of it, which foreign building and loan associations is two stories high, was built' about 40 j doing business in this state. This com years ago by Alexander Farquhar,, one of pany claimed It did not come under the the state s earliest pioneers, ana who m 18S9 built a one-story addition to. It, which Is. approximately 75x125 feet in dimensions. It Is In the one-story addition that the legislative hall will be arranged. The building is now rented by the state as an arsenal, but the National Guard. supplies occupy only a small portion of the floor space and will not have to be removed. Partitions will be put in., the carpets will be brought down from the old building, and ' the furniture ordered for the new building will be Installed. Being so near the completed portion of the new build- ing, arrangements will be made for com- ! mittee-rooms In the latter. It Is stated by Mr. Nichols that the building to be occupied will provide about double the floor space of the old building; It will not have the sanitary defects of the i latter, will be better lishted and heated. ', D u- Sing-ley, Real Estate Agrent of can be put into shape at less expense, and Wardncr, Idaho -Heart Disease, it Is In the heart of the city, while the '' SALINAS, Cal.r Nov. 17. Coroner Mul old building is nearly a mile from tht ier was summoned yesterday to King City buslness center and hotels. Mr. Nichols owing to the sudden death on the south says the members cf the Legislature who bound Coast limited train of D. H. Slhg have visited Olympia and all he has heard ley, a real estate agent of Wardncr, from have beseeched him to provide some Idaho. The deceased, who was a native quarters other than those to be had In of New York, aged 67, had resided in ine oia omiaing. . ane structure to be utilized Is now home last Monday for "Los Angeles for owned by Colonel Fred D. Hcustls, ex- his health, but died. on the train Satur Collector of Customs for this district, and day night. An autopsv revealed a dis claims in ir.e same diock with his resl- dence. ICALAMA BOOM ENLARGED. Big Revival In Lumber Basinets Ei peeted Soon. KALAMA, W3sh., Nov. 17. (Special.) The recent enlarging and imnrovlnc nt ' the Kalama River boom removes the across country In company with Ills aid principal obstruction to the development de-camp and the Secret Service men. The of the logging industry on the UDDer "Siamese. Minister and other members of Kalama River. The capacity of the new , uuuiu ih uuuui u,iw,vju ieei, ana it nis been strengthened to resist the strongest freshet. Half a dozen townships of fine , timber He tributary to the upper river, ! but no logging has ever been done in li?0"' Kbecnuse f inadequate boom J w i m, "?luntB f ohftrSiorf v, r.lven A 1 r"f""f...h?X!,now, b.een amoved, , tiuu uALcii&ivG l; 1 1 1 's. is mn tenri inp nn the upper river In the near future. NO MARKET FOR APPLES. Tons Rottin,;? on the Ground Waitsbnrff Orchards. in WALLA WALLA. Wash.. Npv. 17. (Special.) Tons of apples grown In the. I orchards In the vicinity of Waltsburg are rotting for want of consumers. It is estimated by the fruitgrovers of the Waltsburg country that enough apples to fill 10,(00 racks will remain' unsold this year. The apple crop there this year was so enormous that there was no posslbil- WRECK OF. SOUTHERN PACIFIC Ity of selling all of it. When the crop commenced to come In, the price" pot box fell rapidly until it was possible to get fruit of the finest duality for 25 cents l.per box; This was the limit. The fruit growers lost money in trying to box tnem for the market. A large number of car loads were shipped at the opening of the season and for a while there seemed to be a good chance for the growers to make money. But the price soon came down and the shipments paid no longer. Anybody who wishes apples In Waits burg now has but to take a -Wagon and go to one of the various orchards and help himself. No protest Is made by the owner; he Is only tbo glad to get rid of some of his crop in that manner. Many of the apples, however, will rot for want of consumers. ' NEWSPAPER AFTER EVIDENCE. Kansas City Star Representative Visits Olympia. OLYMPIA, Wash., Nov. 17. (Special.) I. N. Watson, an attorney from Kansis City, who represents the Kansas City Dally Star, was in Olympia today and secured a deposition from State Auditor John D. Atkinson, which will be used in a damage suit that has been brought against that paper by the Kansas City Home Cooperative Company, for $250,000. WHO DIED AT DILLEY, OR., 15, 1002. Mr. Atkinson's connection In the matter lies In the fact that, as. State Auditor, he refused to allow the company In ques tion to transact business in Washing ton, because of its failure to deposit $1CO,000 as a guarantee of Its 'stahlllty, ncaa or minding ana loan associations. but was shut out of Washington,- with a number of others at the same time, on the theory that they were attempting to evade the law passed to protect invest ors in such associations. Mr. Watson states that the Kansas City Star attacked such cooperative compa nies on the ground that they were un stable. Twenty-eight of them have com bined In a suit against the Star for damages. About the same time a number e papers of this state were dencuncin; the same class of companies. Mr. Wat son has gone to California to secure a similar deposition from the Auditor of that state. DIES ON THE TRAIN. Wardncr for the past 16 years. He left case of the heart. The bodv was shinned homo by the Masons. PRINCE SEES SAN DIEGO. Rides in Conntry and Spends After noon on Bay. SAN DIEGO. Cal.. Nov. 17. The Prince of Slam srx?nt this morninc In a ride the party spent the morning fishing on tnc way. xms aiternoon was spent on the Bay on one of the Government launches. CWnaman Fonnd With Head Split. viCTORJA. B. C. Nov. 17.-Look Den. a Chinese tailor, and lessee of the Chinese Theater, was found with his head split vlth a natchet? tnla movms. He will ... ... .... . . prpbably die. His assailant stole $100 from a hiding place beneath the bed. which give3 the police the impression that the assailant was well acquainted with his victim, w.ho had been an ln- j valid for some time. Editor Kclley's Case Continued. BUTTE. Mont, Nov. 17. The case of Editor J. W Kelley, who Is charged with the murde: of Dr. - H. Gayley, came up before Judge McClcrnan this morning, but was continued until next Monday, Kelley shot Cayley, it is said, over the discovery of the doctor with Kellcy's alleged mistress in her room. EXPRESS TRAIN NEAR COTTAGE WHEAT ESTIMATE TOO Law SO SAYS WASniNaTONJSTATES GRAIN INSPECTOR. Published Figures Place Yield at 18, 000,000 Bushels Should Be 24, 000,000 MbcIi GrRln Unsold. TACOMA, Wash, Nov. 17.-(Spcclai.)-"1 believe the estimate Of the 1002 wheat crop, recently published, is much too I tow, saia ntaxe urain, mspctiur smith today. "The published figures place the yield of the state at 18.C0O.O00 huahels. I have no desire to pad the figures of this year's crop, but I am satisfied that 2i.eeo.000 bushels is a very conservative estimate. I bare my estimate as follows: The acreage sown to wheat this year was about a 10 per cent increase over the acreage sown last year. The crop this j year naB oecn much ngnter tnan msi. uui the decrease per acre will not amount to more than 30 per cent. Add the 10 per cent Increased acreage, and wc have at least 74 per cent of last year's crop, or about 2o.0C0.C0D bushel?. "I have just returned from a trip through the eastern part of the stato, and find that in many counties the yield was considerably underestimated. For in stance, in Whitman County the yield tvm from 30 to 40 bushels to the acre, which is a very fair average year's yield. There are other localities where the yield has been overestimated, and where the crop did not run over 13 bushels to the acr, but those places are not many. "There is an Immense amount of wheat held In the warehouses of the eastern part of the state. In many of the towns along the line the warehouses are -full, and great stacks of wheat are piled up along the sidetracks and covered vlth tarpaulin. There Is also a large amount of the crop still in the hands of the farmer. While east I visited many farms where prac tically the entire crop was still stacked up in tne ncias or stowett away in tnc barns." TIMBER ORDERED SOLD. ' Idaho Land Board Will Dispose of Twenty Thousand Acres. BOISE, Idaho, Nov. 17. (Special.) The State Land Board has ordered the sale of about 20.CO3 acres more of Idaho tim ber. The estimates place the amount of timber to be disposed of at 150,000.000 feet. The agent of the Howard Land, Log & Lumber Company, of Coeur d'Aleno City, appeared before the board and asked that the tract of timber on St. Mary's River bo sold. He depos ited with the secretary a certified check for ?EO0 as a guarantee that his company would bid the appraised price. After some discussion of the matter, Governor Hunt moved that the land which Is located on St. Mary's River and tributaries in the Counties of Latah, Kootenai and Shoshone be put up for sale, and that the white pine timber be appraised at $1 0 per thousand, and 75 cents per thousand for red fir and yellow pine. Before a vote was taken on( the Governor's motion, Attorney-General Martin moved to amend by making the price of white pine $1 75 per thousand and red fir and yellow pine $1 2a. The amendment was voted down and the Gov ernor's motion prevailed. A resolution was passed instructing the Chief Clerk to advertise the sale of the timber. The sale will occur In Kootenai County December 22, Shoshone December 23, and Latah December 26. POISON IN SPRING WATER. Skeletons of Prospectors Tell Hor rible Story. SAN BERNARDINO, Cal., Nov. 17. A party of prospectors headed by Henry Ar nell, who Is well known all over the des ert mining district, has arrived here, bringing word of the discovery in South ern Nevada of the remains of several peo ple, supposed to have been a party of prospectors. When near what they sup posed was Timber Mountain, Arneil's party was attracted to a spring by the luxuriant growth of vegetation around it, wiiich could be seen for miles. Upon Bearing the spring they were startled to find a part of a human skeleton and a little farther on the remains of several other skeletons, showing that quite a pari 'ty had perished. The cause of their death "was soon re vealed. No sooner had tho members of the party drank of the water from the spring than they were seized with cramps, some of the men suffering In tensely. Suspecting that the water con tained a mineral poison, Arnell cautioned his companions not to drink any more, and started for this city, bringing with him samples of the water. The water was analyzed by a chemist and proved to bo heavily charged with arsenic. FINNS MEET AT ASTORIA. United Brotherhood of the World In Annual Session. jWSTQRIA. Nov. 17. (Special.) The UmVed Finnish Brotherhood of the World begs.n its annual grand session In As toria this morning, and the meeting will conti lue ror three days. The principal business transacted today was the elec tion ol officers, which resulted as follows: Peter G. Sundberg. of San Francisco. Cal.. I odge No. 1, president; Albert Paltamt s. of Astoria, Lodge No. 2. vice president Charles Laity, of No. 2, grand recorder; .Jacob Moore, of No. 2. grand troasurer-i Edward Erlckson, of Carbon ado. Wash.. Lodge No. 3, chaplain; Mar tin Johnson, of No. 2. Inside guardian: Err.ai;ual M&nnula, of No. 2, outside guardian; Erick Gustafson, Samuel Peter son, OVcar Johanson, all of No.. 2, grand trustee-. One lVnr for Murderous Assault. THE DAISES, Nov. 17. Harry Brown, who was ai rested here fortnurderous (as sault on W. J. Marders last Tuesday, pleaded gulR'.y to the charge Saturday and today wv.s sentenced to one year in tho Penitentiary. Marders is recovcidn?. AstorLs. News Notes. ASTORIA. Nov. 17. CSpecial.-) Ricaard E. Birchard, of Vine Maple, was ad juilgcd insane by the County Board to da. and was this evening taken to Sa lem. He imagines thar. some of .his GRGVEt- SUNDAY AFTERNOON. neighbors have attempted to kill him, and that he has shot one of them. Birchard is a single man, 42 years of age, and has lived In the Nehalem Valley for a number of years. The Sanborn-Cutting Company's cin nery Is being enlarged and new machin ery added sufSclent to nearly- double its present capacity. A deed "was filed fcr record today whereby L. O. Waldo and wifes of Port land, sell to the Bllnn-Waldo Mill Com pany 13.33 acres of -land at Westport. including the sawmill and machinery, for a consideration ot $40,000. The transfer is made subject to a life lease to David West of the store building occupied by him, as well as the use of a warehouss and wharf. Astoria's Municipal Finances. ASTORIA. Nov. 17. (Special.) Tho re ports of City Auditor Nelson and Clty Trcasurcr Dealey for the quartbr ending on September 30', were presented to the council at Its meeting this evening. The Treasurer's report shows the receipts and disbursements during the quarter to have been as follows: Cash on hand at the commencement of the quarter, ?32,727 56; receipts during quarter. 517.301 47; dis bunwments. $10.233 72; balance on hand September 30, 530.79S 31. The Auditor's report shows the city's financial condition to have been as fol lows: Indebtedness . Municipal bonds 1? Municipal street bonds 13.1Zi Municipal warrants Municipal street warrants 4,8ib m Total indebtedness '.. Resources 5221,934 SO J30.79S 31 13,973 33 Cash, on hand Street assessments unpaid. Total resources .544,771 69 Vancouver Barraclcs Notes. VANCOUVER BARRACKS, Wash., Nov. 17. (Special.) Major James A. TJnnnv. of tho Seventeenth Infantry, has been given a month's leave, dating from November 20. If necessary, -Major jianey can apply for an extension of three months more. A T-iimnr ti mtrrnt: In the nOSt today that eight companies of the Seventeenth Infantry will leavo on May i ror Aiasiia, to carrison the now post, now under course of construction at Haines' Mis sion. It Is. not known, as yet what regi ment will relieve them, but one of those scheduled to leave the Philippines in the Spring is expeoted will be stationed here. Lieutenant Irving J. Carr, Battalion Adjutant, returned to duty the end of last week from a two months' leave. Capital City Brevities. SALEM, Nov., 17. (Special.) A peti tion has been filed in the Governor's office asking tor the pardon of Alonzo Swartz. who Is serving a life sentence for killing his son near. Salem, In 1S95. Ab West, a Salem butcher, was .ar rested tonight charged with assaulting L. R. Hill. Mrs. F. S Matteson, of Turner, died this morning, aged 63 years. Deceased was born In Missouri and came to Ore F. R. Matteson. she left an adopted daughter Tesiaing In Eastern Oregon. Fire caught tonight in the rubbish In the sash and. door factory adjoining the Salem Iron Works, but It was extinguished before much damage "was done. The origin of the fire Is unknown, but tt was prob ably either set by an Incendiary or by some person who carelessly threw a lighted cigar stump in at the open window.. But for the arrival af the fire department, many thousand dollars worth of property would have been destroyed. Severe Injuries In Football Game. BROWNSVILLE. Xo: 17. Moss Aver Ill came to town this morning and had a- fracture of his collar-bone redufcqd. Tho Injury was received In the football game between Albany and the 13rowns ville High School last week, but Averlll. did not know that a bone Tvas broken until today. He is the third, victim of the same game, Charles Williams suffer ing a broken collar-bone, and Captain Moran a fractured kneecap. Shipping Arsenic to Jnpnn. EVERETT, Wash., Nov. 17. The Puget Sound Reduction Works tod3y shipped to Japan 20 tons of arsenic, to be used In coloring fabrics. Tree Burned by Llghtnlnpr. . EVERETT, Wash., Nov. 17. Yesterday, during an electric etorm, a thunderbolt struck and consumed a ilr tree in Snoho mish. This Is the first instance of the kind that ever happened In this' vicinity. NORTHWEST DEAD. Well-lCnown Balser City Woman. BAKER CITY, Nov. 17. Mrs. Kath erlnc W. Parker, aged 60 years, wife of William W. Parker, of Winterville, died at the family home this morning of a complication of diseases. The Parkors came to Eastern Oregon in 1SG3, and were The cold-TCxve flag means zero weather, icy, moisture -laden winds, and the begin ning of winter in earn est. To Catarrh, suffer ers there is nothing cheering ill these climatic changes, for rith tho return of cold weather. all the disagreeable symptoms of Catarrh appear: blinding headaches, dizziness, a stuffy feeling about the nose that mahc3 breathing difficult, chest pains, and as the disease progresses, a discharge of nauseat ingmatter from the throat and nose keeps one continually hawking and spitting. Catarrh is a most disgusting disease. The foul mucous secretions that are con stantly dropping back into the stomach contaminate. and poison the blood and is distributed throughout the body, and it then becomes a deep;seated, systemic, persistent disease that must be treated through the blood, for it is beyond the reach of sprays, washes, powders or ex ternal treatment of any kind. S. S. S. soon clears the system of all Catarrhal matter and purges the blood of the irritating poisons, thus effectually checking the further progscss of this seri ous and far reaching disease. Lookout for Catarrh in winter, for cold, stirs the blood and causes excessive secre tion of mucus aud. brings to life all the slumbering poisons, that make Catarrh the most abominable of all diseases. S.S.S. keeps the blood in such perfect order that pold waves cause no alarm and the change from the heat of summer to the rigors of winter produce no hurtful effects. Write us if you have Catarrh, and our Physician s will advise you without charge. Book oa Blood and Skin Diseases free. The Swift Specific Co., Atlanta, Ga. Scott's Santal-Pepsin Capsules P03STHVS CURE For Inflammation or Catarrh ol tho Bladder and Disease d Ki&aejs. No cure no pay. Cure qnlflily end Perma nently tho irorat coses ot CJonorrhixtv and CSIct, no mfctt-r of how long stand ing. Absolutely harmless, flald by Urncnls'.s. Pries 31.00, or by Jntil, postpaid, S1.C0, 3 boxes, 82.75. THE SAHTAl-PEPSIH C'J., SELLEFONTA1NE, OHIO. BXIUG CO- Porttsad, Ur. LOOK. OUT FOR uas i 1 The work of a.tist- craftsmcn Gorham Silver is fashioned by silversmiths who preserve the traditions of the medieval craftsmen. The same care is bestowed on the most trivial as on the most elaborate of Gorham productions. All ift3SUby responsive CI -vx-yg jewelers kcp it among the most widely known pioneers ot this -section. In utage coach days they kep-t for years the roaahouse at Parker's Statisn, and Mrs. Parker had perhaps the largest circle of acquaintances of any landlady in Eastern Oregon. -Parlcei's Station was a famous hostlery in Ita. time. V Auditor of Cowlitx County. KALAMA, Wash,., Nov. 17. (Special.) James H. Wood, Auditor of Cowlitz: County, died at hia home In this clty, foday of cancer In his mouth. This leases the Auditor's , office closed until the Kounty Commissioners can be brought together to appoint a successor to fill tho unexpired term. J. H. 'Wood, son of the deceascciS-will probably receive the ap pointment. WnllaH?yalla. Pioneer. WALLA WALL.'.. Nov. 17. (Special.) David Buroker, ased S4 years, one Sf: the pioneers of theVWalla Walla Valley,, died early this morning of paralysis. Thei deceased was one of lheprosperous. farm ers of this county. Six' children survive: him. iMan'sMissionoXEartiii As set forth la THE GOLD MEDAL S X PRIZE TREATISE, the bestMedlcl X worlc of this or aay agv, entitled The Science of Life, or Self- .i. I'reservauon. "Llbrarr Edition. Full Gilt. S70 bd -wither $z EnjtrftTtiiKS una Prescriptions, only ?i, byj 4. ninu, beaieu in piain pacuacc. o 5 Ii li treasure for EVERY MAN, T 1 rCToung, Middle-Aged and Old. Write;, for It to-aay. The secret Key to Health, H, Happiness, VlROrous MANHOOD and hale : ' ij; old age. Address 4 ii:-.' :ji The Peabody Medical Institute, sfcTTo. t Bulflnch St. (opposite Severe Honte.j; j. Boston, Mass.), the oldest nna best in thliJ.. It country; established In 1SC0. Author andX; f for more than Tnlrty Years chief Consulting ; T Phvstclnn to the Institute, prradnate of Har- 2 J5yard Medical College, class Consul- station by letter or in person, 9 to 6.: A Sunday, 10 to 1. Hz ja Know Thyself Manual, a Yade Mccum j. S brochure, TREE, sealed; lncIos 6 cents for . postage. Treats on Exhausted Vitality. g EDITOR'S NOTE McdlcafnttutCobnsbeen 5 a fixed fact, and It will remain bo. It U as v A standard ns American Gold. Tha Peabody Medical Institute has many-;; C imitators, but no equals. Boston ncrald. Liver Ills DR. RADWAY & CO.. Xew York: Dear SlrI have been sick for nearly two years, and have been doetorinc with some oil the most expert doctors of the United States.. I have been bathing and drlnkln? hot water at: the Hot Springs. Ark., but It seemed every thing failed to do too good. After ! saw your-, advertisement I thQVBbt I would try your pills, and have nearly laed' two boxes: been taking: two at bedtime aQrt one after breakfast, and', they have done mc more good than anything else I have ever used. My trouble has. ben with the liver. My skin and eyes were all yel low: I had a sleepy, drowsy feeling; felt like a. drunken man; pain right above the -navet, Hko as If it were bile on top of the stomach. My bowels were costive. My mouth and tongue sore most of the time. Appetite fair, bat food' would not digest, but settle heavy cn my stem--nch. and romc few. mnuthfula of food come up. Rgatn. I could only eat light food that digests; easily. Please send "Book of Advice.' Iter spectfully. BEX Z.VL'GG. Hot Springs. Ark. Price 25c. a box. Sold by Druggists or senft by Mall. Send to DR. UADWAY & CO., G5 Elm Street. New York, for Bock of Advice. C GEE WO, The Great ChineseDactor la called great be cause his wonderful cures are so we Li. known throughout, the United States,. and because so inaay people are ihanlcrul! to him for savins; ilielr Uvc3 from op erations. He treats; any and all diseases, wub powerful Chi nese herbs. roots,, buds, bark and vege laoifc3. tnat are en tirely unknown to medical science in. this country. and. tVifsp 'harmless rem.. UirOUfcl luv uae Oi- lruna.-H ih acs. ciea. This imouj.,"1, 1 Uon ot over w. wi4 1 he has successfully rT,r citk rrS -asfes He cuaranteed to cure catarrn, ufithma. tunc trounlea, rheumatism, ner &u. " tf much. , liver, kidneys, xemalt trouble and all private diseases. Han. eds of testimonials. Call and see him. cpNSUL.rA.lXON FREE. .Patients out of the city write foe blank, and circular. Inclose stamp. Ad ore THE C. GEE VO CHINESE MED ICINE CO.. 132 Third street. Portlaad, Or. Mention this paper. HOTA3KBUEF HELENA, ilont.. Oct. 4. iao-. Dr. C. A. Perrin. Helena. Mont. : I wish to thank you for my relief. I was sufferlnK asanles from piles and was taking mor phine to relieve me. when, cn the advice of a friend. I pro cured a bottle of your Perrin Pile SnecIIlc and took a table iroonrul at nteht and another In the mr.nii.i?. At half-past twelve neon m vlfe cave me another tablesroonfu'.. when my jialn all stopped. In two days I was able to ittfnd my regular business, entirely relieved. It was simply wonderful. Trulv yours, JULIUS METHOEFEIi. Furrier. Helena. Poison la the worst disease on earth, yet the easiest to cure WHEN YOU KNOW WHAT TO VO. Many have pimples, sputa on the akin, sores In -he mouth, uleera. falling hair, bone puln, ca tarrh, don't know it Is 11LOOD POISON. Send to DR. KltOWN. 0:t5 Arch St.. Philadelphia. Pa., for BROWN";: BLOOD CUKE. J2.0O per bottle, lasts one month. For sale only by .Frank Natl. Portland Hotel Pharmacy. Buz e js a non-poisonoui -'jrosaedy for Gonorrhoea, V J Gleet. Spcrmatorrhica. MMtes, unnatural uur charge, or any lnfinmma- fPrcTtau contaca. tion of mucous m?nf IM'iEvvicGKEU'r.ii.Qn, brands. Kon-astrlngcat. Sold y EiraTsioSt or sent In plain wrnrper, by express, x.rfpaltl, foi. $!.). or .1 bottles, f2.7i. Circnlar eea; on rtqusst. Pills ; Blood "IH3UlSAT1.0.Cp