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