Morning Oregonian., April 21, 1903, Page 4, Image 4

THE MORNING OBEGONIAN, TUESDAY, APRIL 21, 1903.
ACT WAS INVALID
Passed in 1893 to Amend the
Law of Evidence.
THE TITLE WAS DEFECTIVE
Xonbt Exists Concerning Validity ot
Laws Permlttlnc'Conntr Surveyors
to Settle Boundary Disputes
"Waiver ot Rights.
The set oi 1833. .pare 13. purport
Ins to amenaVeectlon Til at "H Code
and General .Lavs ot Orrron." Is nn
cctaf titutlenal and vc4decausc ihi title
Is, eieetlTe, There li no compilation
ot Oreron itatates known br this delg
xeUon. The Supreme Court Intimate a doubt
as to tht -yalldltr sections 307 to
i0)0 ot BelUscer 4' Cotton-" comrtla
tlcev pro) Mine tT the settlement ot
iousdary. dUpvtrs br the County Bur
verpt, -
Wfcen nlt y exoa-WU la, eaultr
Is cpiipleCea and the decree rnskes
no dtrpoeltlon ot tbe action. St the
plslntlS Jn Jbe lsw sctlon mr proceed
with sir csie.
Acceptance ot work performed snd
mstrrlsl used In cotutructtnc a build
Ivt cenethntes a wairer of the risnt
to demand ' that the 'contractor procure
frem tb architect a oertinesfe show'-rns-
tbe tslue ot the -wort snd ma
terlsU, required of the ipeclncs
tlcnt. SALEM, April SOSpeclaLV-The Su
preme Court today handed down decisions
In five appealed cases. In -which three ot
the decisions in the' court below were af
firmed, one reversed and one modified.
Ilearn ri, Louttlt.
William Heara, administrator oC the
estate of Harriet Mangan; deceased, respond-
nt, vs. Rachael Louttlt, appellant.
Irani Multnomah County; Alfred F, Sears,
Judge; reversed and remanded; opinion
by Justice Bean.
This woe an action! to recover tlOOO al
leged to hare been loaned to defendant by
Harriet Siangan. The plaintiff prevailed
and defendant appealed, alleging error In
the admission of evidence of certain
statements msde by Mrs. Mangan in her
favor. The plaintiff sought to Justify this
under section 711 of Hill's Annotated
Laws, as amended In 1S33. .The act ot
1SS3, .found at page 134. purports to amend
section 711 of "the codes and general laws
of Oregon by adding the clause "pro
vlded that; when a party to an action or
suit by or against an executor or admin
istrator appears as a witness In. his own
behalf, statements of the decerned con
cerning the same subject In his own fa
vor may also be proven."
The Supreme Court holds that t,hls act
of the Legislature ot J 833 was unconstitu
tional and void, because of defective title.
The opinion, .says that there is no author
ized single publication ot the laws
ot the state with the title. "The
Codes and General Laws of Oregon,
and as the only codes are those ot civil
and -criminal procedure, enacted in ISC
and 1M respectively, and the only general
laws are -the Deady and Lane compilation
of 1S72, It would seem naturally to follow
that the reference In the Legislative act
must have been Intended for such codes
snd general laws. As each of the codes'
contains a section 711, and the compilation
of 1S7J has two sections so numbered, the
reference Is held sot to express the sub
jects of the act with the clearness and cer
tainty contemplated by the constitution.
The compilation by Mr. Hill Is the only
one containing a section 711 having any
connection with the subject matter of the
amendatory act, but It Is not recognized
or designated by law as "the codes and
general laws of Oregon." The opinion
holds that, it the reference bad been to
Ulll'a annotated laws of Oregon, or other
words Indicating what compilation Is
meant, they would be sufficient, but, as
the title does not sufficiently express the
subject of the proposed legislation, the
act roust be regarded as void. A new
trial of the case Is ordered.
ISsan vs. Kinney.
William H. Egan. appellant, vs. James
Finney, respondent, from Marlon County;
H. P. Boise. Judge; affirmed,, but modified
as to costs; opinion by Chief Justice
Moore.
This was a suit to stay proceedings In
an action at law. and to determine the
boundary line between, certain lands. la
June, US7, the County Surveyor, at the
request of the parties hereto, surveyed
the boundary and set a stone at the
southeast corner of the Albright donation
land claims found to be at tbe end of an
old fence,- which coincided with the line.
A subsequent County Surveyor, at
Egan's request, and In pursuance of a
notice served upon "Finney, resurveyed
the line In August, 1501. and located the
line In a different place. Egan built a
fence at the new line, and Finney began
an action at law to recover possession
and damages. Egan answered and filed
this cross bill In equity, alleging that It
has always been understood and agreed
between .the parties that the boundary
vras unknown and uncertain, and would
require a survey; that the Una was never
correctly located until the last survey In
pursuance of an agreement between the
parties, and that Finney was -present
wnen tbe line was located and acquiesced
In Its establishment. Finney answered
that Egan had acquiesced In the former
survey; that -he "had been In adverse pos
session for the statutory period, and that
the old line had always been recognized
as the correct boundary.
The Supreme Court, finds that Finney
bad been In possession for more than ten
years, and that Egan had acquiesced in
the location at the old fence. It waa
contended, however, that the later sur
vey having been made In compliance with
statute .prescribing the mode ot settling
controversies ot this character, and that
Finney having taken no appeal from the
action of the County Surveyor In locating
the boundary, lr concluded thereby, and
hence the lower court erred In rendering
the decree In Finney's favor. The opinion
quotes sections 4937, 4908. 4S0G and 4910 ot
the code, and then says: "Even It It be
assumed that a party can be deprived of
his right to a trial In the Circuit Court ot
an issue concerning the boundary to bis
real property, and that the Legislature
possesses, .plenary power to create a tri
bunal to settle controversies of such
Character, before the latter forum can
secure Jurisdiction of -the subject matter.
the boundary must be doubtful." As the
court has already found that the bound
ary was not In doubt, the surveyor was
without Jurisdiction.
It Is also held that where witnesses
who reside out of the county and at a
distance, are called In cursuance of an
order ot the court, but the subpoenas are
not served as required by law. they are,
not entitled to double mileage and per
Clem. The court having found that their
testimony -was materia, relevant and
competent, they are entitled to single
mileage ana per lem if their real ex
amination was Important and eeatrable.
Finney vs. Eirnn,
James Finney, respondent, vs. William
H. Egan. appellant, from Marlon County:
George H. Burnett. Judge; affirmed;
opinion by Chief Justice Voore.
This was au.'actjpo at. Jaw- to recover
possession of certain real property and
damages for lot detention. The defendant
answered and also set up his defense In
a cross bill In equity. The law action was
suspended pending the hearing In equity.
ana when the court rendered a decree in
tbe equity suit, without saying anything
about the future of the law action, the
plaintiff proceeded with his action and se
cured Judgment. The defendant ap
pealed and contended that the law court
was without Jurisdiction. The Supreme
Court holds, however, that the proceed
ings In the law action were merely sus
pended temporarily, and that when the
decree was rendered In equity, without
any order being made concerning the law
action, the suspension had ceased and the
plaintiff was entitled .to proceed.
State vs. HeCsBD.
State of Oregon, respondent, vs. Frank
McCann. appellant, from Josephine. Coun
ty; H. K. Henna, Judge; affirmed; opinion
by Chief Justice Moore.
McCann was convicted of assault with
a deadly weapon, committed at Grant's
Pass; in September. 1901, by shooting Da
vid Halllday. On cross-examination the
defense sought to question Halllday con
cerning his actions In relocating a mining
claim In which he and McCann were In
terested. The court excluded the testi
mony, and the Supreme Court approves
-the ruling, for If Halllday had acted as
intimated, McCann bad no right to resort
to the use of force to redress his griev
ances. Numerous other questions are ex
amined, bat none ot them touching new
rules of law.
Vanderhoof va. Shell,
G. L. Vanderhoof, respondent, vs. L. J.
Shell, appellant, from Multnomah County;
M. C George, Judge; modified; opinion by
Justice Wolverton.
This was a suit to foreclose a me
chanic's lien upon an eight-fiat building
.constructed In Portland In 1901 at a cost
of 110.230.10. The suit was for a balance
of 1453.53. The court below awarded the
plaintiff $13X28. Tbe Supreme Court al
lows only 3038. It wss stipulated In the
contract, among ' other things, " that
plaintiff should not be entitled to his final
payment until the contractor cad com
pleted the work and had 'secured. a certifi
cate from the architect showing the value
ot work and-materials. When the work
"was nearly completed. Shell took posses
sion, accepting the building, except as to.
a lew minor matters yet to be completed.
After these had been attended to, plaintiff
demanded his money, but there was a
difference of opinion as to the responsi
bility for delay, and Shell refused to set
tle. The architect refused to give a cer
tificate ot the value of the work and ma
terials. The Supreme Court holds that
the acceptance subject to the completion
of certain specified details operated as a
final acceptance when tbe specified work
had bean performed, and as a waiver of
the certificate. It Is also held that' the
contractor could bring suit for the bal
ance without the architect's certificate of
value of work done, since It appears that
the defendant told the architect not to
give the certificate. The refusal to give
the certificate was on account of a dis
agreement concerning the delay, and not
on account of noncompletion of the work.
The modification Is based upon delays
In performing the work. Tbe opinion of
the court Is a lengthy one. discussing the
case In detail.
COUHT AT OHEGOX CITY.
Rallvray Condemnation Snlt Set for
N'cxt Tuesday.
OREGON CITY. Or.. April XL Speclal.)
Judge T. A. McBrlde convoked the reg
ular April term of the Circuit Court this
morning. Two Jurors. John W. Zlnser and
Hermann Bonner, "were reported not In
the county, and Charles Lakln, J. Av.
Moffat t. Carper Kerr and Thomas Bohna
were excused for the term. The rest ot
the Jurors were dismissed unlit next Mon
day at 10 A. M. There will be no Jury
trials until next week. The suit of the
Oregon Water Power & Railway Com
pany vs. Henry Kachand for condemna
tion ot property has" been set tor next
Monday. Judge McBrlde will be here all
the week up to next Saturday, and on
that day he will go to Astoria. He made
the following decisions today: Star Mill
ing Company, a corporation, vs. E. Far
ker. S. C Parker and J. H.- Dickson,
settled and dismissed; W. Tiffany vs. Ore
gon City and Bruce Curry, settled and
dismissed; Ida Nell vs. James S. Nell,
dismissed: Cora E. Griffith vs. Frank S.
Griffith, decree of divorce; David Brown
rlgg vs. Maud Brownrig. decree of di
vorce. CAMPAIGN IX CLACKAMAS.
Both Hermann and Reaxnes' "Will
Speak nt Oregon City.
OREGON CITY. Or., April 20. CSpeciaL)
County Judge Thomas F. Ryan, Clacka
mas County's Republican Congressional
committeeman. Is making preliminary ar
rangements tor the campaign. He has al
ready secured three speakers, and will
outline the campaign this week. Judge
Ryan says that he estimates the plurality
of Hermann In this county at 560. This
Is probably the normal Republican plural
ity. Hermann will make two speeches In
the county one In Oregon City and one
In the country, probably at Sandy.
James P. Lovett, Democratic state com
mitteeman, said today that Reames will
make at least two speeches in Clackamas
County, one of which will be In Oregon
Cuy. No definite plans for the Demo
cratic campaign have yet been made, but
they will probably be completed and an
nounced during the latter port of the pres
ent week.
NORTHWEST DEAD.
Nnthnn B. Gates.
CHEHALIS. Wash.. April 30. Special.)
Nathan B. Gates, who died at his home
near Chehalls Saturday afternoon. April
IS. was born March 8, 1SS7, In Worcester.
Mass. He grew to manhood there. In
May, 1K9. he was married to Elsie J.
Bottomry. In the Spring of 1S66 Mr. and
Mrs. Gates made the trip to Washing
ton Territory, coming via the Isthmus of
Panama. They came up the Columbia
River and the Cowlltx. and reached Cla
quato, Lewis County, in the month of
June, 1S66. In the Fall of the same year
Mr. and Mrs. Gates took up their home
on a piece of land near Claquato, and It
has been the Gates' home ever since. It
Is one ot the finest farms In Lewis Coun
ty. Five children survive Mr. Gates,
"his wife having died a few years ago.
Tbe children are George W. Gates, of
Seattle: Mm. A. L. Coffman. of Chehalls;
Mrs. George Tune, Misses Mary and
Sadies Gates, ot Claquato. Tbe funeral
of Mr. Gates will be held Tuesday.
J. "W. Sfosteraon.
INDEPENDENCE, Or., April S0.-Spe-eiid.)
J. W, Masterson. one of Polk
County's best-known farmers, died at his
residence In Independence this morning
at 12:30. Mr. Masterson came to Oregon
about 17 years ago and located three miles
south of this" city on a large farm. He
was favorably known and highly respected
by alL He was a member of the First
Baptist Church ot this place. He left
a wife and four children Frank and
Charley Masterson. ot this city: M. E-
Masterson. formerly cashier of the First
National Bank of this place, now with one
of the leading banks In Astoria, and Miss
Lettie Masterson. a teacher In the public
schools ot this cur.
C. C Lyons.
COTTAGE GROVE. Or., April 30.
cspeciau u. Lyons, a red 74 rears.
died this morning. He "was bom In "Na
ples. N. X. He came to Oregon In 1SS&.
He settled on a farm In 1SSZ, ten miles
from here, where ha has since lived. He
was a member of the Masonic order and
tbey will take charge of tbe burial serv
ices tomorrow. Hla wife survives him.
EcHma, -To Cure, Jfo Pay,
Tour drurrttt will refund rear money if rue
Ointment feus la care tusswerra. Tetter, 014
Ulcers acc Sores, Pussies sad Blackhead co
the Uec, x4 all skis W'Me. SO etats.
EXECUTIONS AT PRISON
SUPERXTTTTTDEXT JAMES HAS AS
RAXGEMEXTS U5DER WAY.
Addition to tbe South "Wlna" May Be
Constructed for This Purpose
Penitentiary Improvements.
SALEM, Or., April aO.-SpeclaL-How
to arrange for the execution ot criminals
at the penitentiary without such exeu
tions extrtlng a demoralizing Influence
upon the convicts U a problem which the
prison officials have to solve. Because
executions at the several county eeats
were ot a semi-public nature and created
much public interest, they were declared
to have an Injurious Influence upon the
publlcmlnd and morals. At the peniten
tiary are 312 men whose Inclination la In
the direction of vice and crime, and they
are confined there for the purpose of ref
ormation. If possible, and to deter them
from a repetition of their offenses. They
are shut out tram the world, and have
little to think upon except what they see
going on around then. Will not each
execution conducted within tbe prison
wails give them something more degrad
ing to engross their thoughts, and will
they not be turned out of the prison worse
men for having these executions thrust
upon their attention? This Is a question"
tbe prison management has to grapple
with.
Superintendent James said this morning
that an attempt will be made to keep the
executions as secret aa possible, and to
that end a place must be especially pro
vided for the keeping of men cpndemned
to death and a room constructed as an
inclosure for tbe scaffold. It is practi
Tbe Late 8. L. Roberds. 31. D.
his to others, because tbey were his seniors In years, and because he loved
their friendship more than tbe honor of advancement- Although but a
Sergeant, he was frequently placed in positions of trust, and at one time
was left In charge of Fort Gaines for several weeks.
He graduated from the Kansas City Medical College in liT7, and In
pharmacy from the Kansas City Pharmaceutical College In 1. During
his professional career, which was long and arduous, his highest aim was
to do .his best for suffering humanity, almost regardless of remuneration.
His life was shortened by country rides when he should have been rest
ing quietly In his own room. He was United States Pension Examiner
for many years In Nebraska, and also In Oregon, and bis reports were
acknowledged at Washington as being among the best entered there
Early In his youth he became a member of the Methodist Episcopal
Church, and his office as local elder therein ceased only with his death.
He was married to Annie E. Hoff. M. D.. In Danville. Ill, February IS,
ISO. He left a wife and one daughter.
..-
.....,-;..
cally Impossible to keep the prisoners Ig
norant of events transpiring within the
prison wall. Even though a separata
place be provided for confining- men con
demned to death, the presence ot such a
man must become known to some of the
prisoners, to those who distribute the food
or care for tbe building, and when one
prisoner learns a fact ot Interest It Is
not long before tha news spreads to every
cell In the prison. Each new convict
brings all the most Important criminal
news up to tbe time of his Incarceration,
and If a hanging Is to take place, the
prisoners will know all about It. While
they will not know so much of the de
tails as the general public now knows of
executions, they will have a pretty fair
knowledge of what is going on In the.
building set apart for tha purpose of car
rying out the death sentence.
While the plans will not be completed
until th end ot this week. Superintend
ent James Is of the opinion that an addi
tion will be built on the south end of the
new wing constructed two years ago as a
dining-room and kitchen. Four or five
cells will be provided for keeping men
who are under sentence of death, and
adjoining these cells will be a large room
where the scaffold will be erected. The
room will be large enough to accommo
date the number of persons which the law
requires shall witness an execution. The
location suggested Is as out of the way
as any, and Is perfectly secure. Execu
tions will probably take place at a very
early hour In the morning and the re
mains of the condemned man removed
from the prison Inclosure before many ot
the convicts are awake.
Some Prison Improvements.
Superintendent James Is making a num
ber ot Improvements Intended to better
the condition of the prison and make It
more secure. Probably no changes will
be made In the construction ot the prison
wall, but It will be more thoroughly
guarded so as to prevent the Introduction
of weapons by that means. The number
ot day guards on the wall has recently
been reduced by tha transfer ot one
guard to the shops. This 'leaves six
guards on tha wall, the same number that
was employed at the time of the escape
of Tracy and Merrill. Superintendent
James did not consider the additional
guard necessary, as the escape was not
due to an insufficient number of day
guards. The additional guard In tbe shop
will permit a closer supervision of the
prsoners while at work.
An electric registering system Is to be
Installed, connecting the guard posts on
the wall with the office. The guards will
be required to press an electric button
In the post every 15 minutes, and when
the buttons are prereed a record will be
mada on the register In the office. When
this system has been Installed a guard
cannot become negligent ot his duty
without being detected.
Another very Important improvement
will be the erection of electric lights out
side the prison wall. At present all the
lights are suspended on poles ot very
moderate height Inside the Valla. At
night the walls cast a deep shadow for a
distance ot several yards outside theln
closure. This shadow In a favorable
cover for any person attempting to ap
proach the prison for the purpose of tak
ing guns. Inside the wall. When lights
have been placed on the outside there
will be a large zone of territory brilliant
ly lighted, and no person could approach,
the prison without being plainly notice
able. An old barn that formerly stood close
to the prison wall on the east side has
been removed, and the brush which for
merly grew along the creek baa been cut
down. Several other objects which might
serve as aids for escaping prisoners have
been removed, and the chances ot future
escape have been greatly reduced.
The new community dining-room
which was constructed at the prison two
years ago has never been used, but the
prisoners still eat In their cells. The rea
son for tha delay la that It would not be
safe to permit so large a number of men
to gather In one room without armed
guards. It Is proposed to raise the root
of the building and the- celllag of tha
dining-room 'a distance of 10 or 13 feet.
se as. to make the entire height of the
roes 3t to 34 feet. Then a cage will be
constructed, high up In one corner, and
before the prisoaers are admitted to the
dining-room an armed guard wlH be
placed In the cage. He will be out of the
reach ot the prisoners and. In a place
commanding the entire room. The room
la thought to be, unheal thful at present for
dining-room purposes, on account ot the
celling being only II feet high. When hot.
steaming food and drink for 360 men Is
placed oa the tables In such a room; the
entire room would soon be filled with the
fumes and vapor arising from the food.
An ill -smelling room would soon be- tbe
result. Tbe changes may bo made "at the
same time the room. Is constructed tor the
execution of criminals.
MrosHrpatAK at axxapolis.
Senator Ankeny Will Make an Addi
tional Appointment,
WALLA WALLA, April 3a Senator
Ankeny has been allowed an additional
appointment ot one midshipman to tbe
United States Naval Academy at Ann
apolis, and has decided to submit the
question of who shall be appointed to
competitive examination. Judging from
the number of requests for appointment
that have been made, a number of young;
men In the State of Washington are
anxious to enter the Navy, and the con
clusion has been reached that the fair
way to make a selection Is to request all
applicants to enter Into competitive ex
amination, and the one securing the high
est percentage will be nominated as prin
cipal, the second as first alternate, the
third as- second -alternate and the fourth
as, thtrd alternate." "
Arrangements have been completed with
the faculty of Whitman .College. Walla
Walla, to examine tbe candidate mentally
under euch, rules and restrictions as are
laid down by the Navy Department; This
examination will take place In Walla
Walla on Monday.. -April 27. It Is de-
WAS A BRAVE SOLDIER
AND BELOVED
PHYSICIAN. "
-EAGLE CREEK. Or- April
SJ. Dr. E. L. Roberds. who died
recently at a Portland hospital,
waa born In New Vienna, O,
August 17, 1S44. At tbe time of
his death he was a member In
good standing of. Arago Chap
ter, R. A. M.. at Marshfleld.
Or also of Myrtle Lodge. A. F.
& A. M.. No. 78. and of Elgin
Chapter. No. 24. 0. E. S., and.
General Meade Post, G. A. R-,
of Oregon City. In nearly all of
these organizations be bad, at
various times, held official posi
tions of prominence and trust.
He was among the, first to en
list in Company H. First Indi
ana Heavy Artillery, and until
the close of the war he proved
himself a brave and efficient sol
dier. His moral worth was ap
preciated by his " comrades.
Twice he gave up preferment
that should by right have been
sired, therefore, that all applicants pre
sent themselves at the office ot the presi
dent of Whitman College at tho time
named and be prepared to enter Into
competition. All candidates should be ex
amined by some competent physician to
make certain they will be able to pass
the physical examination at Annapolis.
Every applicant named must be physi
cally sound In every respect, and no one
manifestly under size tor his age will be
received at the academy. Five feet will
be the minimum height. All candidates
must be at tbe time of their examination
for admission between the ages of 15 and
30 years. A candidate Is eligible on his
15th birthday and is Ineligible on bis
20th birthday.
Candidates must be examined mentally
In reading, writing." punctuation, spell
ing, arithmetic geography. English gram
mar. United States history, world's his
tory, algebra, through quadratic equa
tions and plane geometry (five books ot
Chauvenet's geometry or equivalent). De
ficiency In any one of these subjects may
be sufficient to Insure tbe rejection ot
the candidate.
The candidate nominated will be re
quired to present himself at Washington,
D. C on tha second Tuesday In May for
examination under- the supervision of the
Civil Service Commission. If successful
In this examination he will ba examined
physically at Annapolis on the third
Tuesday in June under the supervision ot
the Superintendent of tha Naval Acad
emy. Alternates are given the privilege
ot appearing for examination at the same
time as the principal.
GIFT TO UNIVERSITY.
Thonuii nowell Donates His Herb
nrlnm to Eugene Institution.
UNIVERSITY OF OREGON. Eugene.
April 2a Special.) The University of
Oregon Is again the recipient of tha
generosity ot ona of Its ardent sup
porters. Thomas Howell, of Oregon
City, has donated his entire herb
arium collection, consisting of over 10,000
species. Dr. Harry Lane, of Portland,
recently donated hla collection of Oregon
toadstools to the local university. Also
through the Department of Agriculture
the university has Just received a col
lection ot the fungi ot commercial Im
portance. With the special cllectlon
given by Dr. Lane, the Government collec
tion of fungi and the valuable donation of
the-herbarium of flowering plants Just re
ceived from Mr. Howell, the students of
botany at tbe local university have a
collection to work with that has no equal
on the Pacific Coast
The herbarium donated by Mr. Howell
contains specimens collected from all
parts of Oregon. Washington and Idaho,
and also from Alaska. It la the largest
collection ot tbe flowering plants ever
made In this region and represents the
life work of the donator. Mr. Howell's
object In donating his vast collection to
the University of Oregon was that It
might be placed In good keeping and
where It would be most useful.
Tbe board ot regents have appointed
Mr. Howell Held collector for tbe coming
year.
Cues are being constructed to receive
the appreciated and much valued gift.
it wjh pa open to ure use or students next
Fall.
Mr. Howell Is now completing an ex
haustive book on the grasses, trees and
Cowering plants of the Northwest- This
work Is looked upon as authority by tha
botanists ot this region.
Controversy at University.
UNIVERSITY OF OREGON, April 30.
icpecxai.- ine controversy between the
senior class and the local faralrv is
now assuming another aspect. Tha fac-
uuy cas aeaaea to make some concessions
to the coming graduates and the trnnhio
may ba settled by conciliation Instead of
coercion, jm seniors and all of the col
legians are standing firm for -Campbell.
When the head feels dull and heavy, tha
skin appears sallow and greasy, and the
stomach refuses food, take Carter's Llttla
Liver Pills, Don't I octet this.
I GUILTY OFMANSLAlKiHTER
CHRIST ESCAPES
DEATH PEXALTY.
THE
Verdict Reached, on tbe Theory That
He Wne Driven to Protect
HlmaeU.
OLTMFIA. Wash.. April 20i Spedal.
Christ Benson, who shot and killed hla
Jailer. David Morrcll. In an attempt to
escape from the Thurston County Jail on
March 1. has been convicted ot man
slaughter. Tha Jury returned its verdict
at :40 tonight. The theory. It la pre
enmed. on which this verdict was reached
was that Benson, who first attacked Mor
rell with a piece ot lead pipe, had desisted
from the attack and was' endeavoring to
flea when pursued and shot by the Jailer,
and was driven to protect himself by
killing MorrelL
The attorneys presented their argument
this morning, tha prosecution maintain
ing that Bensjn was guilty ot murder In
tha first degree, having by bis own and
other testimony ehown that tha deed was
premeditated. Tbe defense maintained
that as far as an assault upon the Jailer
-with tha lead pipe for tbe purpose ot ren
dering him unconscious was concerned.
It was premeditated, but after b ran
from the Jailer to make hla escape and
found the doors were all securely 'locked,
he was no longer the aggressor. The de
fense argued that the shooting was dona
In self-defense.
Benson was quite nervous during the
trial today, and on several occasions when
reference was .made to his mother and
bis home he was on the verge of break
ing down. The courtroom was crowded to
tha doors, a large number of women being
present.
WORK AGAIXST REFERENDUM.
Coos Connty Socialist Saya It. "W.ll
Caase Delay to Fair.
OREGON CTTT. Or., April 30.-SpeclaU
Hon. Thomas Buckman, ot Marshfleld,
Coos County, was In, the city today. He
was In the State Legislatures ot 1SD5 and
1E37, being elected as-A. Populist, but Is.
now allied wllb the Socialist party. Ha
Is one of the most prominent citizens ot
Coos County. Mr. Buckman says ha has
received petitions asking for tbe referen
dum on the Lewis and Clark Fair. Tha
petitions came from people in Portland,
but Mr. Buckman. who baa been working
for the referendum since ISSi, Is opposed
to the Lewis and Clark Fair appropriation
being submit tad to tha people..
"It would cause delay," said Mr. Buck
man, "and the time Is too short for delays.
When the petitions came to ma I turned
them down. The people of the state un
doubtedly favor the Exposition, and noth
ing would be gained by applying the refer
endum act to it, I find that the petitions
are being used as an argument to test
the constitutionality of be referendum,
and consider this an exceedingly lama ar
gument. Theru is some sentiment In my
county against the Fair, but It Is not large
and probably Is caused by the fact that
Coos County Is tied mora closely to Cali
fornia than to Oregon. All. or nearly all,
of our commerce is with San Francisco."
Mr. Buckman will leave Wednesday from
Portland on the steamer Alliance tor
borne. Immediately after his arrival he
wi work, through the county newspa
pers end otherwise, against any movement
to have the appropriation submitted to the
referendum.
ASTORIA AUDITOR'S SHORTAGE.
Brother of the Late Official Offers to
Make a, Settlement,
ASTORIA. Or., April 20. (Special.) At
this evening's meeting "of the Council, the
City Attorney reported that be had re
ceived from George Nelson, a brother and
one of the bondsmen ot the late City
Auditor, a tender ot SX00 In full settle
ment ot the city's claim against the
bondsmen for the shortage In the ac
counts of the late Auditor through his
having raised city warrants. Mr. Nelson
urged that this proposition should be ac
cepted In view of the fact that prior to
the death of Auditor Nelson, be paid SU50
shortage due the city on accoupt ot fines
and forfeitures.
The matter was referred to a commit
tee, and while tha tender Is about (775
less than tbe city's claims against the
bondsmen, there appears to be a dispo
sition to accept it rather than to take the
matter Into the courts. The full short
age In the Auditor's accounts, according tp
tho experV report. Is 17100.34. Ot this
?40S&32 waa during the years 1900 and 1901,
when the bonds were J2S00. leaving the
sum of J1JSS.33 unsecured. During the
years 133 and 1S99, the shortage was
11779.75. fully covered by bonds. In the
year 1302, there were no bonds and the
shortage wan 11231.27, but payment on
about 31300 of the warrants was stopped.
Thus, It tha tender of George Ntjson is
accepted, the city will lose about CfiOO as
a result of the late Auditor Nelson's ac
counts' CIIILDREX DROWNED IN SNAKE.
Bont Become Unmanageable In 3Ild
atrearas and Capalses.
BAKER CITY. Or.. April 20. A tele
phone message from Ballard's Landing
gives an account of the drowning of Mil
dred Chlpman. aged . and Bernard Chip
man, aged 11. In the Snake River two
miles below that place this morning. Ed
Chlpman, the father of the children.
Bud, Prescott and Ed Phelps, attempted
to cross the river in a rowboat. When
in midstream the boat became unmanage
able and capsized. Tbe men managed to
reach shore after a desperate struggle,
but the children were both drowned. The
bodies of the children have not been re
covered. LOGGING ON THE LEWIS.
Operations Assuming; Larue Propor
tion Great Boom Under Way.
VANCOUVER, Wash, April 30. (Spe
cial.) The logging operations on the up
per fork of the Lewis River are assum
ing gigantic proportions. The firm of
Towner. Clark & Co. Is putting an enor
mous number ot logs into that river. They
have Installed a 110-horsepower engine
and draw the logs In from the mountains
by a strong cable. Over 2,000.000 feet are.
felled at present. The timber Is mainly
yellow and red fir. Borne ot it Is In tbe
burned district, but the timber Is first
claas. No less than a dozen donkey en
Irx. ..
arvd fet
'earlUVe
mm
ii
gines are In use In the) Immediate" vicinity.
Tha ausaber of lefgars at work Is Urga
and tha payrolia -necessarily add not a lit
tle to the prosperity of the community.
The big new lagstacf boom which la
being bant at tha mouth ot Lewis River
is proceeding well under the direction of a
large force of laborers,, and the supervision
of Frost & McCoy, the sawmill men ot
Napa vine, who are the owners and pro
jectors of the enterprise. Piling over one
mile long has been driven up and down
the river, and every Indication points to a
first-class piece ot work being done. The
boom will be, one of the largest In tha
Nrtawest.
Bis; Timber Land Deal,
GRANT'S PASS, Or April 2a Ona of
tha biggest timber deals transacted In
Southern Oregon for some- time was the
recent transfer of soma 42.000 acres ot
timber land on the Upper Rogue to W. H-
Strobridge. Mr. Strobridse la an exten
sive lumber operator and .has charge of
the large sawmills near Glendale. Be
baa taken the tract on the Upper Rogue
under bond, tha price named being (25 an
acre, ror 34.000 acres ot the tract, and 530
per acre for tha remainder. Tbe total
price is 5960.000. This belt of timber Is ona
ot tha finest In the southern part ot tha
state. Conservatively estimated. It will
easily cut 1.300.000.000 feet, board measure.
Mr, Strobridce Intimates be will build a
railroad 25 miles In length and give di
rect connection between the timber and
the main line of the Southern Fadflc.
Washington Wheat Ontloolc
TACOMA. Wash, April 20. State Grain
from an extended visit to the -wheat-
g rowing section ot tne western part of
tha state and says that he considers the
prospects for a good crop as favorable,
despite the Government report sent out
that- conditions were unpromising. He
says that while the area sown to Fall
wheat t not more than SO per cent ot last
year's creage. more than enough Spring
wheat Is being sown to make up the dif
ference. In his opinion the wheat acre
age will ba 10 per cent larger thla year
than last.
Stranger Dies of Heart Disease.
SEATTLE. Wash, April 2a A well-
dfMlMl tYlflrt am nr-s siaw n Ka TlnV4 aAM
e 'eaav-vwvu - ejv a, OKn
art,, of Salt Lake, fell unconscious on
me street in is morning. Ha was re
moved to the Wayside Mission Hospital
In the ambulance, but died shortly after
reaching tha receiving ward. It Is the
opinion of the Coroner that death was
uue to neart iaiiure. Before he died
Stewart rallied for a minute, and when
asked where he lived stated that his rela
tives were In Salt Lake.
Date of Encampment Fixed.
SPOKANE. April 20. The dispute as
to the date for holding tbe Grand Army
encampment for Washington and Alaska
his been settled. Commander B. C. Be
dell, who opposed holding the encamp
ment nero at the time of President
Roosevelt's visit, has withdrawn his oo-
positlim after taking a vote of the coun
cil ot administration. He is In tbe city
today and announces that the encamp
ment will be held here May 23, 27 and 23.
The encampment of the Sons ot Veterans
for Washington. Idibo. Montana. Utah
and Alaska will ba held here at the same
time.
Theater License Raised.
NORTH YAKIMA, Wash.. April 20.
(Special.) The City Council passed an
ordinance tonight raising the theater li
cense from S100 to 3250 a year. John Cort.
owner of the theater, has directed his
manager here that tho theater would ba
closed In consequence after this season,
and he win operate at Walla Walla In
stead. An ordinance raising the bill-
posting license from 310 to 3150 was also
passed.
Rnn of Small Fish Good.
ASTORIA. Or.. April. 2a (Special.) The
run ot small fish still continues good for
tnis season ot the year and further ur the
river a number ot large fish are being
caugnr. unaenoerger is securing the
greater portion of the large fish at the
present time, as he la paying 7 cents per
pouno, wnue tne otner coia storage plants
are paying only 6 cents. Yesterday he
received over three tons. A few steel
beads of the Winter run arc belmr caucht.
They are of rather poor quality and bring
i ana a cents per pound.
Cancetottcs
At first nave noth- m mf
SficatthdrUue. UJ.C1?S
nature. They
loot nice ordinary sores ana are usually
treated as inch, some simple salve, wash
or powder being used in the hope of dry
ing them up and stopping the discharge;
but while the place may temporarily scab
over, it again inflames and festers, be
coming as bad or worse than ever. After
awhile the deadly poison begins to eat
into the surrounding flesh and the sore
spreads -with frightfulrapidity. Then the
sharp shooting pains, which distinguish
the cancerous from the common ulcer,
are felt, and the unfortunate patient is
brought face to face with the most dread
ed of all maladies, a cancerous ulcer.
Whenever an ulcer of any kind is slow
.. ... ... - ...
in nesting it snouia te closely watched,
particularly if there is an inherited pre
disposition to cancer. Often times a ma
lignant, stubborn ulcer starts from a boil,
wart, mole, bruise, blister or pimple, for
when the blood is tainted and the germs
and seeds of cancer are implanted in the
system, you cannot tell when nor 'where
the deadly poison is going to break out.
S. S. S. cures these cancerous ulcers and
chronic sores, by driving out of the system
all the morbid and unhealthy matter that
keeps the ulcer irritated and dUcharging.
It Tjurifies and strengthens the blood.
enabling it to throw off the germs and
sss
poisons, thus check
ing the further for
mation of cancer
cells, and when all
impurities have been
removed from the
blood and system the ulcer heals natu
rally and permanently.
All ulcers, even the smallest, should be
looked upon with suspicion and treated
promptly before they become cancerous.
S. S. S. i a purely vegetable remedy, a
perfect blood purifier, and an invigorating
tonic. Write for our free book on Cancer,
Tha Swift Specific Co., Atlanta, fia.
,oiVt poir tKe
PftfTllIV orv fk3
i the water beiore puttirAg
ikenv irv. Pa fvn 1 irv ? s
Iksermless but tkere is a
ritskt
- - - - o
Fiop evepvtkmtS Poa. tK
"
FilireCtl01S (nrv PVPrvnRrlffttSpl
tKe best results.
WlthOMt. Ribblia.
V ea
orKelpofwsort
I -c . , eeerTntssnTvnef
HSS
who it is?"
The moth
er knows
the -touch
of the soft
hands too well to
need to guess, and
for the moment
she enters into the
playful spirit of
the child -nA fnr-
gets her toil and weariness. Then a
sudden movement sends a thrill of pain
through her and she realizes that though
love may lighten labor it cannot lighten
pain.
Thousands of women, who have suf
fered from backache, headache, and
other consequences of womanly disease,
have been made well women by tbe
use of Dr. Pierce's Favorite Prescrip
tion. It establishes regularity, dries
unhealthy drains, heals inflammation
and ulceration and cures female
weakness.
"Itaaoot say eoonghlapralie of Dr. Pierce's
Favorite rrcacrietlon as It has done rae so much
good,' writes Mrs, .Henry Harrell, of Tarbcro;
ir.C.Boxioa. MwMnroJleneo I coald hardly
walk, whea l bexxa Uklnr tSe Favorite Pre
ecrtptiou.' I also had clerfij tremble and could
neither eat nor sleep only aa I took morphine.
Tried toor different doctor and they all failed
to do me any good, so one of my f rleodt i -..'-memied
roar Favorite Prescription to me and
I took only three bottles' and era sow well ao4
hearty. Can do almost any kind of work.
Dr. Pierce's Pleasant Pellets are the)
most desirable laxative for delicate
women.
R
adway's
Pills
Purely Ytgetabl. mild and rcllabl. Rro
Hte thm Urer and Dlffestlr Orrans. Th
aaTest and best medicine in the world tot tb
CURE
of all dUorden ot tbe Stomach, Liver, BoweU.
Kldaert, Bladder. Nervous Dleeaaea, Lou of
Appelte, 'Headaebe, ConstlpaUon. CosUveneee.
Indlsettlon, ' Blllousneat. Fever. InnammaUon
of tbe Bowels, Files and all deranaementa of
the Internal vlecera. PERFECT DIGESTION"
wlU be accomUsbed by taking RAD WAT" 3
PILLS. By so dates
DYSPEPSIA
Sick Headache,. Foul Stomach, BUIooanete wilt
be avoided, as the food that la eaten contrib
utes lie noorlahtng propertle. for the' support
of tbe natural waatee of the body.
Prlci 3 eenti per box. Sold by al Drus
flita, or eent br mall on receipt of price.
RADWAT & CO.. 55 Elm- Street. New Tork.
POSITIVE
PROOF
Should Convince the Great
est Skeptic in
Portland.
Because It's the evidence of' a Portland
citizen.
Testimony easily investigated.
The strongest indorsement o merit.
The best ol proof. Read It:
J. Carson, employed at the Portland
Lumber Company, foot of Lincoln street,
who resides at 366 First street, says: "I
was feeling miserable with a depressing
lameness around the smalt of my back all
last Summer. At first I did not pay much
attention to it, but It continued to grow
worse, and Anally became so bad that I
thought I would have to lay off work. To
bend or move quickly caused severe
twinges. I was often attacked with dizzy
spells, specks appeared before my eyes,
and I had no ambition or energy. In the
morning I arose aa tired as when I went
to bed. In fact, I had all the symptoms
of a very severe case of kidney trouble.
When I was suffering the worst I read
about Doan's Kidney Pills and procured a
box at the Laue-Oavls Drug Company's
store. I soon noticed an Improvement In
my condition, and the pain and aching
across my back soon disappeared. About
six weeks ago I was laid up with a siege
of the grip for two weeks. Symptoms of
kidney complaint made their appearance
again, and I resorted to Doan's Kidney
Pills a second time. They Just as thor
oughly freed me ot the trouble as In tbe
former case. I cannot express what a
change -they have made in me. I simply
feel like a different person."
For sale by all dealers. Price 50 cents
per box. Foster-Mllburn Company, Buf
falo, N. T., sole agents for the united
States.
Remember the name. Doan's, and take
no substitute.
C. GEE WO
The Great Chinese Doctor
is called great be
came his wonderful
cures are so well
known throughout
the United States,
and because so many
people are thankful
to him for saving
their lives from
OPERATIONS
He treats any and
all diseases with
powerful Chinese
herbs, roots, buds,
bark and vegetables.
.-.. -nflrelv un-
WESSal .clc e o in this coun-
dlseaiea. He euarantees to cure catarrh,
iitri":
Call and see him.
CONSULTATION FREE
Patients out of the city write for blank
and circular. Inclose stamp. Address
THE C GEE WO
CHINESE MEDICIINE CO.
1SZH Third street. Portland, Or. Mention
this paper.
Jcotfs Sanfal-Pepsin Capsules
A POSITIVE CURE
Tor Inflammation or Catarrh
of the Bladder and DUed
XldneTt. Ho cue no pax.
Cans ontexlr and Farsa
nentlr lae nont eea ot
QoaarrliMa and tilMt,
no nutter of how lose ttand
lnr. AhacInUlr harnilMs.
Said br drnrvulA- Trie
THE XAaTAl-KPSiB BO,
BlturPOICTAIMK. OHIO.
LACE-DA YU DRtC CO Fortland, Dr.
Otrantn,
K. Jt W.
A. New Collar.
Otrastav