1902. iANNOT URGE USURY 'Urchaser of Land Subject to ' Usurious Mortgage. CISIQH BY SUPREME COURT 'r Other Appeal Caries Decided Teiiterday Vetr Method Eiitab-Hshlag- GoxcrHniCHt Corner " Approved. 1 Where a purchaser of land subject to n usurious mortwee assumes and agrees to pay the balance due th'efeon, he cannot thereafter et up usury as a defense thereto. A method of re-extabltehlnc Govern njent corners, adopted by the United States Surveyor-General for Orcjron, is appro-ed by the Orcson Supreme Court. A witnefs who Is permitted to clve hi opinion of the value of property mm haro rome knowledge of the mib Jec. -matter, the court belnc the Judge cf hl.i qualifications and the Jury of the weight to be Riven his estimate. T i SALEM. Or.. Dec S. (Special.) The Su preme Court today handed tllowti opinions In five appealed cases, the most Import ant being a suit px-er an usurious build ing and loan company contract. From this dcr'.sltn It appears that although the mort?ac;or could set Up the defense of usury urder ruch a contract, a purchaser whi arrames and agree) to pay the bal ance due on the mortgage cannot avail himself of rucha defense. IFtokI t. PncIMc States S., L. & E. Co. John B. Frost and wife, respondents, vg. Pacific Slates Savings. Loan & Build ing Company, appellants, from Multno mah County. A. L. Frazer. Judge; re- verped. Opinion by Justice Bean. This -vras a suit to compel cancellation of a mortgage on the ground that the amount secured thereby had been fully paid. The. mortgage was given In May. 3E93, by Jason J. Covey and In 1SS1 Frost bought the mortgaged property, assuming and ngrc-ing to pay the balance due on the mortgage. Frost continued to make payments upon the original contract un til December D, 1SSS. when It was de termined between jhlm and defendant that there was a balance of $500 due. The original contract stock and mortgage is sued upon the usual building and loan company plan were cancelled and new ones executed for the balance due. Frcst thereafter made payments Until the amount thereof, together with the sums ; paid qn Covey's stock and mortgage' ag gregated enough to pay the entire debt and interest If credited upon the original loan. The defendant refused to release the mortgage, and this suit was brought. The lower court decided In favor of plain tiff! hut on appeal the decision Is re versed. The opinion of the court says. In part: , ' "It is conceded that the c&ntract be tween Covey and the defendant was usuri ous under the laws of this state; and that as between the parties thereto all pay ments tinade thereon would go fan the ex tinguishment of the debt The contention of defendant, however. Is that Frost hav ing purchased the mortgaged premises and assumed and agreed to pay the amount then due on the mortgage as a part of the purchase price is not entitled to setf up the 'defense -of usury" against such mortgage, although it concedes that payments made after the, -renewal of the mortgage shall go In extinguishment thereof. , . -. 1 "There Is. perhaps, a want of harmony In the adjudicated crises -as to whether a purchaser of the equity of redemption or ode who purchases expressly subject to a mortgage can set up usury as' a defen3 against the foreclosure thereof. But whatever the rule In that regard may be. the authorities are. practically all agreed that If the grantee assumes and agrees to pay the Hen as a par.t of the purchase price of the premises, he cannot then make such defense. The foundation of this doctrine Is not that the- original transaction Is thereby purged of the taint of t.mry. but. rather, that the purchaser, by taking title subject to the mortgagp and rMiln'rtg-out cf the price he' agreed to p.".y fiufljelcnt money to pay the mort gage, places himself in a position where he cannot allege usury without attempt ing to keep back part of the mpney which he ngrfed to pay for the mortgaged landr " IVXialp v".- Gntch, Receiver. ' C. A- Whale, vs. Claud Gatch. receiver of GrbTt Bros., rononun?s. from Ma rlon County. It P. Boise. Judge; affirmed. Crl-ion per c'irj&n: This was a ?uit for an accounting. About three years prior to the failure of CI brr B'os.. they entered Into an agreement with "Whale by which they vcre to purchase pianos "for his trade. By the tenns of the agreement they were t-) pay fjr th? instruments, freight, dray age a -id cxpressage thereon, and deliver them f the plaintiff, charging him with the amount cf there several Items, and an additional SO per cent on pianos and 36 per cent on organs. Whale was to sell the Instruments for whatever he could get his profit to consist of whatever 3um he coulj rc-jllzc over and above that charged him by Gilbert Bros. In most cases the Instruments were sold on time and In stilment noten taken, by which It was arrcedthat the Instruments remained, the. property of the seller until paid for. "Whale turned the notes over to Gilbert Bros., and they credited lilm with his profit In many cares purchasers de faulted In their payments, .and the instru ments were returned to Gilbert Bros. The question presented in this suit was whether Whale should be charged with the profits credited to him on sales in which the Instruments were returned. The contract was not In writing, and the evi dence as to the oral agreement was very indefinite,, ljijt upon .the evidence as to the agreement and the course of business thereunder, the lower court held that where the Instrument was returned Whale should be charged with the profits credit ed to him Without reviewing the .testi mony the Suprejne Court affirms this de cision. Rockman vi. Imltler Lnmbcr Co. It. D. Ruckman, respondent vs. Imbler Lumber Company, appellant, from Union County, Robert Eakln. Judge; affirmed. Opinion by Chief Justice Moore. This was an action to recover JS00, the reasonable value of the use of an en gine and boiler for one year, and the sum of 5250 for damages thereto. The trial re sulted In a verdict for plaintiff in the sum of J3S5. The principal rule of law Involved Is shown by' this quotation from the opinion: "Though it has been repeatedly held that the opinions of witnesses are In general Inadmissible, there are many exceptions to the .general rule, which deviations there from permit the Introduction of this spe cies of evidence on the ground that Its dmteslon might otherwise result In" many instances In defeating justice. . . "Necessity generally renders opin ion evidence admissible to prove the value of property, the character of which and the" universality of Its use determine whether a witness, called to estimate its. worth must possess special skill or experience, or only common knowledge,- In respect to such property, to entitle hltri to appraise its value In the presence of a Jury. . . . No rule of law can defi nitely prescribe" the degree of informa tion" required to-render a' witness com petent to express an opinion concerning value, but it must appear that he has some acquaintance with, or knowledge i of, the subject-matter, the court belrig the judge of his qualifications and- -the Jury of the weight to be given to-' his estimate. As the worth of-'property may ,be proved by opinion evidence, so tHe value of its U3C may be established lit the same manner." TriHvriih vs. Smith. .H-JTrinwith,,, appellant' vst" Doh. A.' Bmltfi", respondent, from Marlon Coilhty; R. P. Boise, Judge; affirmed. 'Opinion By Justice Wolverton. This, was a suit to settle a disputed "boundary. The lower court appointed, a commission to establish the line, and the report of the commission having been ap proved, plaintiff appealed. In affirming the decision the Supreme Court cites the law as follows: "United States Government surveys of public lands are undoubtedly conclusive upon all persons owning or holding with reference thereto, and corners and monu ments so established cannot be altered, whether properly placed or not and must remain, when ascertained, the true cor ners or nicnumcnts hy which to determine the boundaries. . . -Jn any attempt to re-establish an original survey the pur pose should be to follow In the footsteps' of the surveyor as nearly as possible. - . The rule adopted by the General Land Office for the re-esfabllshment of Interior section corners Is laid down as the same as that for the re-establlshment of corners common to four townships. In which two conditions are to be recog nized: (1) Where the position of the corner fs made to depend upon two lines at right angles to each other, and (2) where ther. original corner has been made by measurements on one line only. In the first case, the re-establlshmcnt Is ac complished by running the line north and south of the missing cdrncr connecting the nearest identified corners, and plac ing a temporary corner at the propor tionate distances, and by running a line east and west, setting a temporary corner' In a similar manner. Then, by running through the .'first temporary corner a line east (or west), and through the second north (or south), as the relative -positions may suggest and the intersection of the. two lines thus projected will mark the position of the corner to be restored. This method has the sanction and ap proval of Martz vs. Williams, 67 111.. 306, and is the one suggested by the United States Surveyor-General for Oregon for the settlement of this controversy. Where the second condition exists, the restora tion shrouid be effected by proportionate measurements on the single line between the nearest identified corners on opposite sides of the missing one." The .line established by the commission ers Is held to be as near' equitable as can be made under the circumstances. Kitchen v. Holmes. Olevla E. Kitchenrespondent, vs. W. H. Holmes, appellant from Marlon County, George H. Burnett. Judge; affirmed. Opin ion by Justice Bean. This was" a suit to recover money loaned. The defense was that the money was not loaned to plaintiff, but to her" husband, since deceased, and that the debt is the propjery of his estate. Jury trial was had, and the verdict was for plaintiff In the sum of tSiO. No new rule of law is laid down in- the Supreme Court's opinion affirming the decision Rchenrlneii Denied. , Motion to recall mandate In' Flouring Mills vs. Lord was overruled and peti tions for rehearing was denied in the fol lowing cases: Mllllorn vs. Clow, Carter vs. Wakeman, Rojss vs. Portland. .State vs. Mel.irum. Williamson vs. Lumber Company, Leve vs." Frazler." AFTER RESERVOIR SITES. Speculators- in Jlhlhcnr Connty Ac anlrlpK Ara,Il,le Rishtx. , j, , , , ivTARIO. Or., Dec. 8. (Special.) For weeks there has been a systematic : Hunt Ing of reservoir sites throughout Eastern Oregon. It developes here today that when the Government committee gets at its work in this arid region It will find every available reservoir site ,taken by some one who has 'an eye to business. 'The real irrigator who has' the country's Interest at heart is confronted with the fact -that the Government will have to buy off some ambitious' person who has' .foreseen the possibilities In the reservoir business, and who has either a surveyor's stake stuck in the site, for which he asks." an-enormous suM,orr on the other hand, there .is a blueprint filed In the County Clerk's office, for which a fortune Is being demanded before the Government will have clear Bailing to do something for the' rerlotL - The Malheur. Irrigators have called a meeting for December 20, at which' time it is hoped that the Irrigation feature of this region 'will be launched In a tangible forin. and that any stumbling blocks In: the? road of the National Government may be removed before delays are experienced.. i The Ontario mpetlng Is for the purpose" of clearing away any fog that may be" overhanging the motives of the great ma-: jorlty of the men who have the wdrk in" hand, and to further guarantee fidelity ott the" part of Malheur County by expressing: dhjapproval of ny promoter who Is1 aim ing to "hog" the Eastern Oregon reser voir sites. , In this connection It has been stated' that reservoir sites alone are not the best' wa'y of reclaiming the Malheur County lands. That a canal may be brought from' Enake River at even a less expense than the doubtful reservoirs could bo made Is now freely admitted by those who have had' an opportunity" of knowing. This leverage Is to be worked s.tc-adfastly to" influence amicable business with those who have already drawn a picture of some supposed reservoir site, and are now de manding exorbitant sums for their, alert ness. VAllCiaiA FRtflT TJXItJX. . ' 3Ianaf?cr Reiior"i SIimv Association " Members Received' 30,101 7G. NORTH YAKIMA, Wash.. Dec. ".The Yakima County Horticultural Union held an .Important meeting iiV the City Hail last Saturday, at which time. Manager J. M. 'Perry made a financial report of the business done by the union during tho season. The report was to have "bccif made, several weeks ago, but owing to the failure of the manager to get final re sults from a few shipments of fruit. It w'aa delayed. , The report shows the following ship ments of the different kinds of products by Iboxes: Apples, 24,350 peaches, 20,384; pearst G561; prunes, 17,370; plums. 1312; ap ricots, 141T; "blackberries, 1S5; cantaloupes; 5541; melons, 33,519; tomatoes, 12S0; crab apples, 738; grapes. 9328. Altogether the union handled In the past four months for, association members SS.S3S boxes of fruit and 33,519 watermelons, an average of SS Oboxes per day. It paid In cash to association members during that time $39, 191 7fi net over all freight and commission charges. The highest sum paid to an In dividual grower was $19$1 69, the lowest sum $3 90. ELECTRICAL STRIKE STILL ON. Vancouver Telephone Company Se cures Nonunion Linemen. Vancouver, b. c, Dec 8. The strike of the Electrical Union against the tele phono, company Is still in effect although the company Is now" giving a partial serv ice with nonunion operators. After 10 days of strike many oi the Instruments and some sub-lines are out of repair. This morning eight nonunion linemen began the work of repair. The strikers charge that these nonunion linemen have ben brought hither from Seattle in violation of the alien labor law. Several conferences . be tweeri the directors of the telephone com pany arid the union representatives li4ye so far failed to effect an arrangement whereby the strikers will return to work. Ah outcome of the controversy Is the ap plication to the City Council this evening of 20 prominent business men for a char ter for a new telephone company. TURNER TAKES HIS LIFE WELL-KKOWS ALtoAXT MAStf COM MITS SUICIDE. After" PrdtfcierSirce,.Hc QbCK-te. .. HIBfcdrdflitt and BlWfl Out itli Braided " ALBANY, Of.-, 6eC; S.(Spfcla1.)-Ater' several days heavy dririklrig John Tur ner, ticket agent til the CorVallls L East ern Railroad, cdnimltted suicide at his home lri this citjf.at 12j45.o'c16cK today by" shooting himself thfotigh" the head With a revolver. Turner 'had been putting lii the fore noon settling up his accounts at the"va rious stores In town, and shortly before noon remarked to a friend that he did not owe any m&h a. dollar But he did: not seem In his usual good spirits, seein Ingly being the subject of an attack of" melancholy, and was drinking consider able. Shortly after 12 o'clock Turner start ed home, and went to an upstairs bed room. At about 12:45 P. M. his family was stirtled by hearing the report of u revolver. Upon going upstairs, they were confronted by the awful sight of Turner's massive form stretched in a reclining" posture on the bed, weltering In a pool of blood, which" flowed from bullet wounds In the head. The dead . man was in his shirt sleeyes -and had "removed hia collar and tie. The shbotlng- was done with a heavy, long-barrel Colts- revolver;- 2S cillber. Turner, after stretching himself on tho bed, near the edge, had with his right hand placed the end of tho . revolver against his left temipler so near that the powder from" the " explosion burned the hair. After firing the fatal"- shot tho hr.nd. dropped to the side,-the: wrist being- bent so that when thojevolver was released by the - relaxing- finger?,- It lild by the side" of the' deceased,- pointing." toward his head. The bullet entered-'the 'left' temple, above I . Y.. II I AY-: . 1-1 the hair, ar.d; about -two inohos in frdntof the ear." The ball passed through the head, coming out even with the top of-tHb' right ear, .and about onc-hulf of an inch back of It The ball lodged in the pillow, beneath the head of the deceased, where It was later found "by the cordner'a Jury. No cause for Turner's action - can bo definitely assigned. The Corvallls &' Eastern officials report that he wis-always a trusted employe, and there lsno shortagc in his accounts with them On the dresser In th6 room was found two notes, one addressed-lb William- Faber; proprleter of the Albany brewery, and the other follows: "Fluelia May God watch over you and my child. Any bills or notes come to you with my nime to thTem.'they are legiti mate. Pay thenf all. Have Elks and Woodmen cart for nie; my wife and my child. JOHN." The note was written1 on the, back- of a programme for a" musical recital,-, and was so scrambled and run together as to, be hardly Intelligible: Coroner Fortuneler' was- at once noti fied. He empaneled i Jury and held an inquest In the room where tho suicide was committed, before the body had been touched. A verdict of suicide was rendered in a very short time. The- Jury was composed of: Fred Dawson, fore-1 man; A. M. Hammer, J. A. Howard, J. K. 'Davis; Cooper Turner. W. E. Kellv. John' Turner was orid of the best-known irten in Albany. He-came here about 10' years ago from Milan. Mo., and entered the' employ of -the Corvallls & Eastern Railroad Company as ticket agent, which position he has since retained. He was noted for his jovial disposition and was .the- greatest !'Josher'J in. the city. He left a wife and daughter. , . . AKEX'S SECOND TRIAL. Charged With ICllIlag: CTiiriamsn Slnch Trdnb'le Stearins Jnrors.. HILLSBORO. -Or., Dec. SI (Special,) The trial of James Aiken, charged with killing a Chinaman at Raleigh last Fall, for which he was convicted, sentenced, taken to the penitentiary and then-given-a new trial by the Supreme Court, began here this morning. The state Is renre- sentgd by District Attorney Allen and his deputy, E. B. Tongue, while Aiken's i counsel are Hon. S. B. Huston" and H. i Tv Bagley. All day was consumed in the selection of jurors, and many were excused anfl challenged because of fixed opinions as to defendant guilt. Pros pective 'Jurors were closely questioned as to whether they had- read former ac counts of the crime and trial as re ported. In. the columns of. Tho Morning Orcgonlan and tho Hlllsbofo Argus. Late this everting" courf adjourned until th Sheriff could bring more jurors froix: the country. Jtfdgc McBrlde cautioned the Jurors' already chosen against' reading" the papers until the cass was finally con cluded. BACK FROM FOREST RESERVE. Supervisor Bhrtrnm Ha Been Estab lishing" Survey Linen. ASHLAND, Or., Dec. 8. (Special.) For est Supervisor & C, Bartrum, of the first district cf Oregon, has returned .from a hard trip to the southern portion pf the Cascade forest reserve. For some weeks he has been engaged In running out the old survey lines between Klamath reserva tion and the forest reserve, and surveying blocks of land that have been settled upon within the reserve. A numbcr"of leople so situated were found who were not aware that they were upon the reserve. One of the principal objects of the present survey Is to establish a clear line of delimitation between the forest reserve and those lands which are subject to entry by settlers, od that no future misunderstanding will oc cur. The work that has becn begun at Fort Klamath will be continued to all parts of the district NEW PAPER FOR OREGON CITY. E2. E. Brodie nntl: DavlM Bros. to-Pab-lish a SeiuI-WeeXily Paper. OREGON CITY, Or., Dec. 8. (Special.) Articles of Incorporation will be filed In the office of.'the County Clerk tomor row by Edward E. Brodie, David Davis and A. "13. Divfs as Incorporators of the Record Publishing Company. The object of the corporation will be to co'nduct a newspaper in Oregon City. Arrangements have been made by the incorporation to begin in about two weeks the publication of a semi-weekly newspaper. A type-setting machine has been purchased and the other material necessary for the publica tion of an eight-page paper will be In stalled this week. The paper will bo called the Clackamas County Record, and Its politics will be straight Republi can. STANFORD REFUSES UTAH. Declines Request for Debate on Ac - count Financial Difllcultlcs, SAN FRANCISCO", Dec S. The intercol legiate debating committee of the Stan ford University has recelyed a communi cation from the University of Utnh asking for an Intercollegiate debate between the two universities. The proposition has been rejected on account of the financial diffi culties entailed last year In bringing a de bate team from the University of Wash ington, and also because of numerous sim ilar debates already scheduled for the pres ent year. DECKHAND'S NARROW ESCAPE. Falls From Harvest Queen, and Is, Rescued UncOHs'ciouii. ASTORIA, Dec. 8. (Special.) While the steamer Harvest Queen was In the lower harbor this' af tornoOit trying to make fast to a" vessel, one of the deckhands fell over board. The wind was blowing a gale at the time,, and the man, weighted down wjtft rubber boots and oil clothing, could 1 1 - r- atS&SfcSS SsrjffiM&S Captain James Keating was near by wtcn i his iannctfk. and. seeing the mahlln tic i t wfltarlhf flded" his boai for him. The m ! sank-out of sight before tlie launch reached him, but Captain Keating' reached dowr. unacr ineav&icT, wo ui" lng and raised hlahecd above the surface. The man wis unconscious and unable to help himself. but Captain Keating Is:, a man of unusual fctrencrth, and succeeded in getting the drbjvnlng "rnan on board. It took-some tlm'e-aJtd hard work. tqrevlve him, but it was successfully accomplished. BIO IRRIGATION SCHEME. Canadian PaciflcHna 1an to "Water 2,500,000 Acre. VANCOUVER. B; C.J3ec. t-A- special from Montreal today iays: Among the proposed improver ients at the executive meeting of the Canauia!1 cine Railway today Is Included the ,'rrlga tibn of 2.500,000- aerra bf semi-arid, -inds-betweer. Calgary and Medicine Hat. ."Plie expense will be enormous, water bcli'S cum ejeu lrum lue uuh xiiver lu iue juuiii 'at a coii of $3 an acre. The- plan promises success. May Divide Yakirha County. SUNNYBIDE, Wash.. Dee. 8. (Special.) A-mass -meeting was held last week in re sponse to .-an invitation from the Board of Trade of Prosscr to co-operate in demand ing of the next Legislature a division of Yakima, County. Dr. C. W. Chamberlain was elected chairman, and H. E; Perrin, secretary." A resolution wa3 passed that the chair appoint a committee of five to take care of Sunnyslde'ci Interests In the event a bill for dividing the, county should be introduced In the .next Legislature. This resolution -passed unanimously. A motion byH". D. Dory was then passed to Invite all the precincts Involved In the pro posed new- county to meet at Sunnyslde. December IS at 10 A. M., to confer qn the question bf 'county division. Antorla United "Workmen. ASTORIA; Dec. AS. (Speclal.)-Seaslde LOdgef No. 12.- Ancient) Order of United Workmen, of Astoria, has elected the fol- j lowing officers to serve during the coming term: Past masterT workman, Patrick Shea; ma3tcr workman. Kick Bosler; fore man, John ilcCuc; overseer. O. F. Mor ton; recorder,- F; D: Wintonr financier, Thomas Dcaley: rcqeivefv J- E. Higglns; guide.-. M. F- HardeEty; Inside watchman. Dr. C. .C." Rosenberg: outside watchman. Edw'ard'iEdllnsr trustee,- William Kelly; HErarUn. John A; M6ntgomery; medical examiners,- Drs. Tuttle, Estes, Pllklngton andlCdrdIn"er. i lind Mnn Arrented-nt .Pcyettc. PAYETTE; Iddh'o.v Dec. 8. (Special.) Officer- Al Young- yesterday,, arrested Bob. Jones, who"'a few days ago sbld a bridle and saddle to Alex Coston, receiving- J28., The1 next morning, he stole the bridle iind saddle and skipped, but came back yes terday and tried topass rt bogus check' for ?43 drawn on the -First National Bank of. Vale, Or., om three business houses here. He failed ,at this, but succeeded in passing" one'-for ?23 on James A. Lauer, who sold him- a watch. He- was trying to work Ben Reed when caught. Lewis Or rell assisted the officer in arresting" Jones. Lodpre' Ofllcers at-Bayctte-. PAYETTE, Idaho, Dec. 8. (Special.) The Modern Woodmen of America held an election last night and elected the following: Frank H. Cram, V. C; C. W. Gleslcr. W. A.; S. J. Co'.e, B. ; H.-Koel-kenbeck, C; Charles Hartung, E.; C. A Walton,; Cyrus-Williams. S.;1 'J. B. Burns, manager for three yearsv Petition to Pnrilon Jitkc Sheets; SALEM, Orr. Dec S. (Special.) Governor Geer has received a petition for the pardon of Jako Sheotf, who was received at. the Penitentiary in the latter- Dart of 1901 orr a- threo years'- sentence fo(r ""burning th'e. jail at Joseph, .Whljo.w.a County. It Is al leged ,in. his bejialf that he was. Intoxfcatecl' .when jie com'mitted the- ciftne. Causrlif by Falling Tree. ' y ' VANCOUVEn, Wash., Dec. 8. (Spe cial;) C. H; Price,- of Lcwisvllle," was caught by. a' falling tree last. .Saturday evening; and narrowly escaped being crushed to - death; He was- taken to a neighbor's house and medical assistance summoned. It ls: thought he will' recover. Neivburjr Delegates Lowe Their Wnyl M'MINNVILLE, Or.. "Dec. s". (Special A carriage-load of Y. M. C. A. delegated lost; their" way last night on .the road from Newberg In a stump patch. . Early this morning- they found- their way back to Newberg with a broken single-tree. The crowd was a sorry looking lot.' v - River- Hlprli i nt Independence. , INDEPENDENCE, Or., Dec. 8. ' Tho river la higher today than It has been-. at any time- this season, and a few more feet will put it over the embankment on the Marion County side. Large sawlogs have- been, swept- away from their moor? lngs; and are going- down stream. Fined, for Illegal Hunting: VANCOUVER. Wash., Dec. 8.-(Sne-01315)- James Robinson was fined 55 and. costs by Justice Haines today for hunt ing on O. MvHIdden's premises without permission. Alhnny Fire DepaTtnicnt Election-. " ALBANY, Or., Dec. 8. (Special.) The election in the Albany Flr.o. Department today resulted In the selection of Qulncv 'Propat for. Chief, and Fred Ko'chsple'r for assistant. fortune Teiiisi does not take into consideration the one essential to woman's happiness wom anly health. There is many, a woman whose future seems absolutely unclouded who is marked by her own condition for future disappointment and distress. ine woman who neglects herhealth is neglecting the very foundation of all good fortune. For without health love loses its lustre and gold is but dross. . Womanly health may be retained or regained by the use of Dr. Pierce's Favorite Prescrip tion. It establishes regularity, dries the drains which 'weaken women, xieais inflamma tion and ulcera tion and cures fe male weakness. It makes weak wom en strong, cick women well. Sick women are invited to consult Dr. Pierce By letter?. All correspondence held as strictly private and sacredly confidential. Address. Dr. R. V. Pierce, Buffalo, N. Y. ' l have taken ix bottles of Dr. Pierce's Favor itePrescrpon,' writes Miss Ml Fyfe. of Odlla, Sltncoe'Co.. Ontario, tfthd two" bottles of the j Pleasant Pellets' as j-oii advised for congestion xjf uterus, ovaries, ana weakness, and can safely say that your medicine has been the means of restoring rae to good heclth ngnin, which I had not had for orcrthree years, until taking vour medicine. I thank you very much for vour kind and prompt attention to my letter asking advice." n Favorite Prescription " has the testi mony of thousands of women to its com plete cure of womanly diseases. Do not accent an unknown and unproved substi tute in its place. Dr. Pierce's Pleasant Pellets clear the I complexion and sweeten the breath, . Q f7) 1 NEW OREGON COD&ISSUEDi t - . icOMPIIA.TIO?fSBY JUDGE BELITXGEIt, AND W. W. COTTON. Anthorixcd - TjyrrLckiRlRXtnre: to Re place Present System-DIstrlIm-tiou. oti .1000- CopIi?ft. SALEM. Da3. S. (SpeciaL) The new Oregon-Code, compiled-, by Judge. . C B,. Bellinger 'and' W. W. Cotton, was issued today. This .code was authorized- by the ;last Legislature und' hereafter will be used, In the courts in the pfacc of pdes hcre- 'tofors-'in use. 1 One thousand copies, of the oodo will be delivered to the -Secretary -of-State and wil2 be .distributed by hjm-as-follows ?" ' One copy to the Governor of each state and territory, tor the-use of 'the-Ilbrary-of such"' state- cr 4territory; two cciples to each of the f-blowing libraries: United. -tales' Supremo Court library, Congression-r ;ai library, llbrxiry of TJnited atates- Mr 'tojey-Gcneral, library of Secretary of lntc ior, library -of o31c'e-of Solicitor- of Unite" "J Statc3 Treasury, (lllrary-o Law School vr wuiametic university.- uDrarj of colle e at" Ashland. Portland Library, Monmouv13 Normal Library, Pacific Uni versity fctrary;, Willamette. Univers ity library state University library. Agricultural .College library and . Mult nomah La Library; on.3 copy tn parh- or the following persons.: United States D "strict- Judge tory Oregon Judge -of United otaies ijircuicr court m-Ninth-District, eac member xjf lat;t Leg islature, each Coun V Judpc. Sheri.1 and County . Clerk, each justice of Supreme Court' the Attorneys . vsnral, each .Circuit Turitro oom, niBtrfr-f ittcrney, Cd.tnty Treasurer,. County t Comi "oisslonerT Justice -i m ii - n .i i it.. Invcrnnr. Si(i nJr ox Hit: nJiice. iuu iu me- tary of State and State Treasurer; io copies to be deposited in-tluv stte Hbraiy and. the -remainder kept !n.tlu V office? of.t,T Secretary of State to be dl3."pscd of as, mav hfireafter be renulred. The new code is In two voUV16 an1 comprises -1S50 pages. The .lndexs-vcry full, and -complete,, far surpassing -'any-, of the previous codes in this respect. Tho index references are to sections - IiVitead,: of to pages aa in previous codes, .vicu section is followed by annotations re.er rlng to both tho Oregon Reports, and :tJ?e Pacific Reoortor. The general arrangement of the code is; practically the same as -Hill's code or ism, so that the chango to the new code- will cause no Inconvenience. One feature of-the-190B-code-that-wi.il- be'greatly appreci ated .13 the black typp line, at the head, of each: section indicatlnjj'the subject treated Jn.the section. C7hl&.miikes It much easier for One to find the law upon any subject Besides- the; general la.ws, of the state the code Includes the Declaration of Iridepenr dence, the'Unlted States avid-Oregon Cons- stitutlons, with Index, theact o aamts sion and -all acts of Congre- relating to the State, of Oregon. The new codes wer& dellytred to the Supreme Judges today ncl will 'hereafter be. used by that tribunal hi .dthy? sections of-the statutes. The Supreme Oourt-wiu refer, to the code- as. the "B. & C. Comp.. meaning-, the Bollinger and . Cotton jsompll ation. ; Supreme Judge: Bean,A.whemhe exan lined a copy of the code today,, said: "The. a'onv pliers of. this code- have pexformed'a'm.031 excellent piece of work- and the code vt. HI prove entirely satisfactory to the pra fession. I' like particularly the annotn-. tlons, which aro limited -to Oregon- cous in the State or Federal Courts; and which, rwill; for t that : reason saver- any confusion. The use -of heavy type-headysfor the- sec tions is also -much- better than the- small type marginal heads previously used." The state does not keep, the codes on oale, but the law; requires - th'e. publishers, Bancroft, Whitney- &. .Co. tQ keep them on. ,salo for six years at not to ex-ceed-,?12 per sct,t . " , .STABS HIMSELF. FIVJ3 1 TI3IES.' .Tauieft.J. a'laelsey, of Portland, in-Ite-'.' celvingr Hospital nt Lor Ancelcn. . LOS ANGELES, Cal.. Dec. 8. James J. Mcckey, of Portland, Or., lies In. a critical condition at the Receiving HOspltal to night as a result of an attempt' to-stab himself to death with a pocket-knife. He bears, five wounds, three of them super ficial ones, over the heart, and the others in the abdomen. The police surgeons state that If tne knife penetrated the abdominal cavity the manrwill die, and the--outcome of his attempt will probably, not be known until morning. Maekey was , arrested this morning in an intoxicated condition and released this afternoon. Soon after he climbed Into a van of the Beke'n Van & Storage- Com pany and was. carried to the yard- of; that company. There he disappeared, and a few minutes later the. employes of the place found him bleedingr from his self Inflictcd wounds. Mackey is known here as- a member-of the Portland Lodge of Eagles, and la sup posed to be a liquor dealer. His attempt Is accounted for by his broken-down con dition. (The name of James J.' Mackey cannot be, found In the Portland directory, and.a promlnent member, of the local, lodge of Eagles says he knows nothing of such a. man.) MRS. SjMITJJ COMMITS SUICIDE. Wn.s Suspected of Killing Her Ilnu bnnd at Sacramento Last Weelc. LOS ANGELES, Cal., Dec. 8. Mrs. Rosa B. Smith committed suicide in the Natick Hotel today by taking1 poison. Sho was the widow. of F. W.. Smith,, who was shot and killed last week near Sacramento. Regarding his death, she told the follow ing story to the Sacramento police: "My husband and I were on our way, to Sacramento after a day's fishing In the American River. About a mile from the city limits a hin stopped us oir the road and said: Throw up your hands.. I turned to tun and heard my husband cry out 'Murder!' There were two shots. I ran half a mile to a house and got help. We went back and found my husband dead. He" had been robbed of a purse containing about $100. My husband was a barber, and I worked with him at the barber trade." Searching parties scoured the country In the locality of the tragedy, but no clue to the alleged murderer was found. The woman was taken Into custody and ques tioned. She was. allowed to go to San Fernando, Los Angeies County, to bury her husband, but was kept under sur veillance. Ten days before the murder Smith effected a $10CO insurance on his life. Mrs. Smith left notes to Telative3 denying that she was responsible for her husband's death. SCHOLARSHIP FOR. WOMEN. University of Idaho Granted $5000 for Such a Fund. BOISE, Idaho, Dec. S. (Special.) The sum of SiOOO has been donated to the Uni versity of Idaho for the endowment of a scholarship for women. The scholarship 13 of the annual value of?300 for two years fr.0m date and $200 thereafter1. It Is- to be awarded -to one of the young women of the university at tho end of the fresh man year, according to the conditions es tablished by the founder, by a committee consisting of the president of the uni versity and fouc members of the- faculty named by him. 'It will be paid In annual Installmento of . $100 cachr- and Is to be used by the beneficiary for completing her course In the university. MOXTAXA HOTEL BURNED. American Hphse Deatroyed, With Lons of ?20,000. ANACONDA, Mont., Dec. 8. A special to the Standard from Lewlstown, Mont., says: " The American House was 'entirely de stroyed by fire this mornJpg entajljng p. loss of, ?20,C00. one-fourth" of which falls oh eruesls 'whn It 1st Iclothhi and! -jewelry. So. "Bense w,as the staOke that m&ny 4ost their way 'in tae-iia.yut auu ..., difllcultyr SomeS""5tf?e rescued by means of ladderi- 3Iardcrei Li'3V 2R9S, TIal. BOISE, Idnho, Dec.- 8. Judge Stewart-, of .the.J5JstrIctKCourttclay handed dcrflta -an bpimdn;denyU-5miVJ"i or &; for Gcorg&'Davy. seta enced to hang for the .murder-, of 'David 1 evy pn October 3. 1301,- The case Js a ct lebrated one. The nmrdeied man wxis r.', wealthy miser. Coorse, Levy was,,not relative but a te.iantof the victim. Ploseer of Yakla - NORTH -YAKIMA,, Washa, : -Dee. S.-(Spc-claD-aoefcF 3?ow!U t-4"-4g1. CCT ?.f the Yakima Valley, died St Elizabeth Hosph'nl Saturday 'mornfag; , after a sickness- Mstlngaboutrsixmanta 3- ire born Hi thY-Bfate of Indian December 12i:38! apd .-2J..years"aso; came to the YatomaJVaJley.. Man FraeH. inwaront ?- BtTTTBiiriint UecA-AispfA-i! Li ' .Miner from Rlg-Timber-sayswpid, reached there todav of -the. disco very -of a frozen bodyjof.aonan yarned. -Jiarllshj an. c iglneer cmpioyed-at Cowles.3Ii,.nlnfi: Camp, R Pprts from various sections of. the state to nignt tell of falling . temperature followU S a chlnook today-. McBrlde Ishhcs Extradition. OLY3IPIA.- Wash.. Dec. 8.--(Special.- - The Governor issued e?$radlton papeni. ,tQia-.att,tnevreciucst ,oi uiiwuvciuui Colorado for Benjamin H. Grey. . -wanted in-Lnko .County?. Colorado, on a charge, of grand. -larpeny,; "comralttod- 3Iarch.lQ,il9S. Grey Is. under "arXestrfinSeattle, I J IianaSclc;Ftpns.lTAppro-ve5 OliYMPIAj.Wash:, Dac. S-Spec.taI.) The Governor -ha"s. been notified-of the, jtpprovalby the General Land Office of a.selection by?thl3 4state; of 2.66 -acres of landorthegrant foripublic bu.lldlns at the state, ca'plfah The lands are in the "Olympia land district.' ' Ships, 120,000. Ppanils: o Wood,. -? INDEPBNDBNCe) Or. Dec S (Spe-. rfcJ.) Probably the largest, shlpraent of, v.V)ol.' everi made at one ' time froroL this I tplave. occurred last? week. H A. Douty The shipment made up almost 10 freight cars.j I JB?ellx Brapi, of ' Washonfrni- YA!M COIFV32R; "Wash;, Dec- (Special.) r-'F.cllAE.Yansase. MofWhoygal, die'd at Stt Joseph's Hospital, In thls; city, iaBtnightoftsenijegangrene.He left a. wlfcy- ofthispIace and a -tirother la-Oregon. . . . re - - Irelaiv.jd- SHcceeds Sparlinpr. ; OLYitPIA.-.. "Wash.. Deq. 8. (Special.) iSovernor McBrlde .today appointed Ruiisell Ireland? of 'Tjicoraa a -member. -of the, State. Boards oi" Barber Examiners,, vice , Barney Spajrllng,, . reslgiied. MrsLnIce,, ojf F.erncIairJe. . VANCOUVERr:. Wash.k Dec. 8-(Sp claL)-Mrs, OliyeLaHe. died at her; hon?.e' 'at Fem; Prairie, Saturday, of pneumonia. She lefUa-hnsband.' DacvidrDake, and-sls small children. Meeting Sta.te F.aIrBpa.YlKToidriy. SALEM,- Or.-, Dec. ' 8. (Special.) The State Fair Bpacd will.hold Its annual busl nesstmeetlr.gr here tomorrow. fon.the elec tioR'.of officers RIVER DESERTS A TOWN v JVatcsrieas ofv Missouri Deprives of 4 Water, Snpply. jdBROSKA CITYeb..,; Dec, 8. Tha delation here caused by the .toAvri,I:belrig cut-cfiM from a- water, supply,, owing; to the Mfsscnit'i River changing. tt& chahnel. Is' OeceUXUnT serious. A no. eieucnu jji.aiii. ima been fon-ea to close flowns anut e.very jnanuacfiiring est'ttbllsn)n.ent:.lrf; tZie city will ha.ve .to close tomorrow unless, relief is secured. The paveking-houscs are not' Effected; having water systems of their o-sjn. A lare force at. menjs at work running pipes to the no.w channel. i ..- . v It isi-what Hiood'sSaratparlHa,does. that tells the story ofIts fnet. Hood's cures. KEUHATISM Rubbmg-withlimi,aent5ibUst;olring,.thcap-plication'of plasters; in fact anything that will produce counter-irritation,-, s good for external tf eatment, ot Rheumatism, but these simpleremcdies doMibtreaca- thereat of the disease-nor-touch the real cause, and relief is therefore only teniporvry. Rheumatism is.dhe. to Uiic Acid and other irritant poisons in thvS-blood as it circulates through: the system, tl'ese acid poisonaiare- deposited in tL,cniusd.i5, jomts anaucTves, an,u exposure- to niit airk cold.cast winds, or any sudden change in' the weather,-will bring on an attack which may last: for- a -few days CT limrer on for mouths. "Evsry Tiattle with Rheumatism, leaves. . the blood m poorer condition, while the corroding acids are eraduallv consumine- the oils and fluids, that, lubricate the muscles and joints, and they become stiff and sometimes: immovable. Rheumatism, with, its sharp, cutting pains, can never be conquered, until the acid blood has been cleansed and puri fied, and all irritating substances neutral ized and filtered out of the system, and nothing docs this so promptly and effec tually as S. S. S. Uuder the purifying and tonic effects of this vegetable rem edy the blood is made pure, the general iieaitn is rapiaiy uuui. up mm meaim&iti obtains, happy relief from the torturing, nagging pains of .Rheumatism. oec na 01 itneu matism before it makes, you a. ner vous, peevish cripple, or painr racked invalid. Writerfor our-special book on Rheuma tism, which, will be sent free. The Swift Specific Co., Atlanta, Ga. Inward Plies, Fullness of the Blood in the Head, Acidity of the Stomach, Nausea. Heartburn, Disgust of" Food. Fullness of Weight In the Stomach, Sour Eructations. Sinking or Fluttering of the Heart, Chok ing or Suffocating Sensations when In a lying posture,. Dimness of Vision, Dizzi ness cn rising suddenly. Dots or Webs before the Sight. Fever and Dull Pain in the Head, Deficiency ot Perspiration. Yel lowness of the Skin and Eyes,, Pain In the Side, Chest, Limbs and Sudden Flushes of Heat, Burning In the Flesh. A few doses cf . adway's a it Will free the system of all the above named disorders. Price 25 cents perHjox. Sold by all drug gists, or sent by mall on receipt of price. Jlfidway & 9,, E Elpi street, tf, "Y, HOLIDAY PfeNO SALE QEENNQ DAY; AT E1LGR3 PIANO HOUSE A HUMMER. Weather No Damper to EnthusHam Fine Pianos and Low Prices In spire B risk H Oil4 ay Buying. As predicted Saturday's sales brought our clubs to a close and completed the most extraordinary plano-sclllng ever wit nessed on the Coast. Just four wsek3 nj.ter the opening- of our co-operative clubs five hundred hemes had been glad dened vlth fine pianos. Five' hundred families, had secured the means for a life time of enjoyment in beautiful, trust worthy instruments. Following right ixs' the heels ot this phenomenal sale comes our Grand Holiday Display and Sale Yesterday was our opening day. Our grand room, with Its handsome tapestry hangings, portraits of composers. Its; Turkish corner, its rich, harmonious col oring, created a sensation among bur visitors, and was unanimously declared on all sides the most artistic and com--plete music-room on the Coast. This room J3 designed to display the finest and handsomest pianos In the world the Weber, of Mew York; the Chlcker Ing. of Boston, and the Kimball, of Chi cago pianos that-are way ahead ot their time In tone, in construction and In finish, and whose names alone are sufficient recommendation. The Weber Piano . rized by all singers for Its sympathetic: it ne quallrj'-, has again been chosen hy the Mt tropolltan opera company for exclusive use-, during- the entire season. Here Is. wha one 6 the brightest musical stars. In tru wora had to say concerning this, piano ' whilo singing with this company: ' "AraonvT a.'l the Instruments of the re nowned maklrp, here and abroad, I today prefer the M ober. because of Its sympa thetic tone quality. EMMA CALVE. ' The, flickering Piano From the fatherland of music and mu sicians, from " he home ot "Wagner. " of Beethoven, of -Mendelssohn, ot Schubert and. Schumann, comes this from a com poser and musician universally honored: "It. is Very a grteable, to me to add my name to the concert of praise of which, your, pianos are the object. To be just, 1 must declare th -Bt perfect superlatively perfect. FRANZ LISZT." The Kir. iball Piano Whose sterling ro'oke and sympathetic tone quality has -placed It among the world's greatest pia 10s, has prais-e show ered upon it from all sides. The following Is from one of whot a all Americans are prpud: "Messrs. W. W. Kim hall Co.: I can only repeat of your instrui nents what I said of the one in my Lond in home that the !longer I use It the bett er I like It. The . two Klmballs purchased . tor relatives give 'the same satisfaction, tid whether in arias . or s.ongs. the plan 0 supports the voice splendidly. I can coi 'dlalty congrat ulate the Kimball CompanjT. Very truly, "LILLIAN NORDlOA DOME" ' This Is Not All" . This Christmas sale Included numerous : other fine pianos, the very ch 01 cest pro ductions of the best piano manvtt acturers. such n the Decker, the Vose. i'T Jbart M. Cable, Haddorff. Victor. Crown, .ush Gerts, Leight. Lester. Pease. Mi.h on, all In new handsome holiday casings, ; '1 with faultless action, perfect touch arv a ex quisite tone and thoroughly guara nteed by us. Prices In buying a Christmas piano remea her ' you are getting something that will . not be destroyed In a day or wearied of beit re the holidays are over. You are gettJi S something that grow.? in value the Tongi r you have It; prized more highly the betta r you and the children become acquainted with It; first, for its beauty ot tone a4 appearance, then on better acquaintance for Its capacity for giving you pleasure comfort and culture, and afterward for all the sweet and happy associations: which cluster around it. The baby wilu like its music;, so will those rollicking boys and -the .growing, daughter y"HI der; light In it. Then, too, yopr frlepds and. neighbors will come In, and share your pleasure. in the ln;t-unvint. So, if you do put $300, ?1C0 or $500 into an instrument, and consider the am-ount of pleasure you are going to get our of your purchase and the many years. It will last, you can readily see It is the qheapest Investment you ever made. And you need only pay $25.00 down to secure one of these superb holiday planes; $10.00 or $12.00 montMy completes your payments (on some the payments are as little as -56100 and 58.W). and your piano Is dellvertd as soon as you want it after your art t payment Is made. If you want it held by us for holi day delivery, we will see that it reaches you just when you want it- r-ilers Biano House. G51 Washington street. Other large, busy houses at San Francisco, Sac ramento and Spokane. NO PAIN! NO GAS! ICo chnrge for painless xtrnctlon when terh are. ordered. All work done by rraOunie dentists of 12 to 20 years experience.- a specialist In each department. W. will tvil you in advance exactly what your work will cost by a free examlnatloa--Give a call, and ycu will hnd wo da. oxactlyr as we advertise. (Set of Teeth .. SW.OIV dalil KUIUnc !JI.im. bAJil Cio-jvji 33.00- gUvtr SfXYtani:. ................. m P1ATE5 New York Dental Parlors MAIN- OFFICE Koartlr Slorrlaon Sta., .Portland. Houra, 8 to S; Sundays, io. to 4. Bracch offices 723 Market st. , San Fran cisco. CaL: C14 Flrat eve.. SeaJ. Wash. C GEE WO, The Great ChinG'ieDoctor ia called i ea.1 be cause his onderf ul cures are ;V o well known thri ughous the United States, and because so many people lire ib't ukfiu to him for a avlnx their lives froi op erations. .He C, eau any and all dlsa ases with powerful -ni-nese herbs, rou, duos, bark and ve re tables, that aro a tireli unknown t o medical sclenco 1 SPhii"?.? doctor knowa the ac Son" orveiJwttent d'" thufe h has successfully used in different Uls-, iSses He guarantees to cure catarrh., asthma, luns troubles, rheumatism, ner- us. stSmach. , liver, kidneys.femal, trDubii and all private diseases. Hun-' SStaS-f testimonrals. Sggjfflg Call and see him. cprMdUi.iA.J.xo.v. FRKK, Patients out of the city write for blank and circular. Inclose stamp. Ad. KmTHK C. GEE WO CHINESE UilU-. 1CINE CO.. 332i Third street. Portland,. Or. Mention ikla paper. Scott's 5aita!-Pepsin Capsules A POS57BVE CUBE xorinuamraatioaor uatarra of the Bladder and Dbieiucd KlJLnc7. Hor ca'ro a'o pcj-. Cures quickly and Feme jicaily the worst, esses cf OonarrhocaaaiGIoet, no natter of howloajataad Jn. Aboolntaly harzaless. Sold by drncelsts. Prici 81.00, or by Ejftll, postpaid, TH? SfifiTAl-PEPSIB fel..' TaiF EEtLTFOKTaiNE. OHIO. i4.VE-UAVJS DRUG 0.t rort!a, Or,