THE MORNING OREGONIA2S SATURDAY, JUNE 13, 1903.
MAKE FINAL PLEA
Warner Valley Settlers Be
fore Land Board,
ASK FOR REFUSAL OF PATENTS
In. Order That They May Obtain Title
From the Government for Prop
erty They Have LoB Occupied
in "Southern Oregon.
SALEM, Or.. June 12. (Special.) The
settlers on land in w arner valley which
Is claimed bv the Warnpr Vnllpv StAlr
Company made their last struggle today
for the continued possession of their
homes. ThlrtV-tWO settlers Tiresente1
petition to the State Land Board, asking
inav me siuiu no noi tajce a patent totne
land, as it has a right to do under a re
cent decision of the Department of the
Interior. The settlers ask that the state
give up Its claim, and ask the Govern
ment to issue patents to them.
The settlers claim as homesteads on
Government land, -while the "Warner Val
ley Stock Company claims as the succes
sors of purchasers from the state under
the swamp land law. The state has part
ed With its IntcrMt nnrl 1o nrvnr Intorocfod
If at all. only to the extent of aiding in
uie proper aajustmcnt of the controversy
between the settlers and the stock com
pany. S(i"nitera Have Lived Tbcrje Longr.
About G0OO acres of land are Involved in
the contest. Representatives of the set
tlers say that the land is worth about 510
an acre. It was taken up by homestead
ers 12 to IS years ago. and put under cul
tivation. As expressed by their attorney.
John H. Hall, the i?ettlers have built their
homes, married and given in marriage,
reared families, erected schoolhouses and
churches, and burled their dead in the
community which they formed many
years ago. The question now is whether
they will be turned out of these homes
and the land, with its Improvements,
turned over to a corporation, the Warner
Valley Stock Company.
So far as the lesal status of the contest
is concerned, it is already determined, and
the settlers have lost. Their plea to the
State Land Board Is for Intervention out
side the law, in order that they may not
he ousted from their homes. The De
partment of the Interior having Anally
decided that the land was swamp land in
JS60, when the National Swamp Land
Grant was made by act of Congress, the
land passed to the state, and was not sub
ject to homestead entry. The only hope
of the settlers Ic that the state will forego
Its right, repudiate its sales of swamp
land and ask the Government to recog
nize tho claims of the settlers.
Is It Sirarap Land or 2Vof
The whole question has hinged upon the
determination of the fact whether the
land was swamp and overflowed in 1S60.
It is admitted that the land has since
that time become dry. and Is not now
swamp land. Decisions have been ren
dered holding first on one side of the
question and then on the other. Com
missioner Binger Hermann, of the Gen
eral Land Office, held that the land was
net swamp, and that the state had, there
fore, no title. This decision was over
ruled by the Secretary of the Interior a
short time ago. All that remains to be
done to give the stock company complete
right to possession is for the State Land
Board to apply for and receive a patent
from the Government conveying title to
the state. "Whether this will be done is a
question of greatest interest to the set
tlers.
In the argument before the State Land
Board today. Mr. Hall offered to present
any testimony or evidence the board
might desire regarding the character of
the land, and said he could prove not
merely by a preponderance of the evi
dence, but beyond a reasonable doubt,
that the land Is not swampy. The set
tlers, he said, are willing to reimburse
the state for any sums it may be com
pelled to pay the "Warner , Valley Stock
Company because of the cancellation of
the deeds the state has given.
He claimed that the decision as to the
character of the land was secured by
misrepresentation, and that the state is
not bound to observe it, but rather to
avoid it.
Says Scttlcm Should Have ICnovrn.
Attorney C. A. Cogswell, who represent
ed the Warner Valley Stock Company,
contended that when the settlers went
upon the land they knew, or should have
known, that It was swamp land, and that
they could not secure title under the
homestead laws. He said that the whole
controversy has been tried out In the
Land Department, that the settlers lost
the case, and that the State Land Board
should perfect the title to the land and
make its deeds good.
He admitted that it will be hard for the
settlers to bo thrown out of their homes,
but said that they knew when they went
there that the land was not subject to
homestead entry, and they should not
have entered upon it. In a few cases,
where the character of the land may have
"been doubtful, he said, his company has
bought out the settlers at prices agreed
upon between them.
The Land Board did not decide whether
it will listen to evidence upon the sub
ject, but took the matter under advise
ment until tho attorneys can file briefs
upon the legal questions involved.
YIELD -WILL BE AVERAGE.
Eastern IVnsnlnfrton Crops Are Re
freshed by Rain.
COLFAX. Wash., June 12. (Special.)
Copious showers have fallen throughout
the Inland Empire during the past IS
hours, adding millions of bushels to the
probable yield of grain and raising the
spirits of every citizen. reports -mow
that the showers extended as far as Cam
as Prairie, Idaho, In the Potlatch and Pa
louse countries, and that the precipitation
varied from .2 to .5 of an inch. In
"Western "Whitman and Eastern Adams
Counties, where grain had begun to suf
fer, sufficient rain fell to save the crop
from further damage. There the rain
came Just in the nick of time, .and a few
days more of hot. dry weather would have
caused serious loss.
In Eastern "Whitman no damage nad
been done, but rain was needed. The
crop prospect has been brightened fully
DO per cent throughout the grain belt, and
while no big yield Is expected, favorable
weather during the next four weeks in
sures an average yield of all kinds of
grain.
"WELCOME RAIX IS GENERAL.
"Walla "Walla Vnlley nnd Tributary
Country Are Refreshed.
"WALLA. "WALLA. "Wash.. June 12.
(Special.) Yesterday and today it has
rained over a quarter of an Inch In "Walla
"Walla and reports received from all over
the tributary territory tonight show that
the precipitation was general.
The wheat crop of this district is Eaved.
It will be cut down somewhat by other
conditions, but the spell of hot winds and
dry weather is broken. Every one is re- j
joicmg ana everything irom grain and
grass to business Is picking up.
At Dixie and in the foothills it rained
on inch. On Eureka flats It rained V
hours today. At North Umatilla a good
fall was experienced, and at Prescott and
"Waltsburg from one-fourth to one-half
Inch fell.
Tho showers were accompanied by
severe electrical disturbances at Dixie,
two horses being killed by lightning. At
Touchet some of the crop Sa too far
gone to save.
RAIX IX "WALLA "WALLA VALLEY.
Anxiety tar Crops in a. Measure Dis
pelled by Showers.
"WALLA "WALLA, "Wash.. June 12.
Showers fell over the principal portions
of the Walla Walla Valley late yesterday
afternoon, bringing to some extent the
moisture that had become imperative.
For a few days the crop situation is re
lieved, and if the weather remains cooler,
with occasional showers, anxiety will be
at an end.
While the downpour was not heavy yes
terday evening, it served as 'a break for
the continued dry. hot spell, and to the
baleful north winds which had been blow
ing ever since last Friday. At Milton
the rain was light. Along the foothills
of the Blue Mountains it was heavy. It
rained perhaps 15 minutes in Walla Walla.
"WAR3I "WIXDS DO GREAT GOOD.
Crook, "Wasco nnd Sherman Counties
Xovr Have Rain.
SHANIKO. Or., June 12. (Special.)
Cooler weather with heavy rains In Crook.
Wasco and Sherman Counties place this j
section in gooa conauion, ana u is now
tlty of the mysterious surveying party
operating near the Continental divide. In
Lemhi County, Idaho, has been estab
lished, says the Deseret News today. The
party includes several Salt Lake men. and
is In the employ of the Oregon Short
Line, and not the Burlington. They are
working on a line that Is heading into
the Thunder Mountain district and North
western Idaho generally. This would In
dicate, says the News, that the Short
Line is out In earnest after Idaho terri
tory, and as soon as the transfer of the
portion of the Utah holdings Involved in
the Clark deal takes place, the work will
be pushed with vigor.
OREGOX 3IAX ROBBjSD IX IDAHO.
Men Under Arrest for TnkJafc D. "W.
Dnnlap'g Money.
WEISER. Idaho. June 12. (SpeclaL) :
Charles Boyle and Edward Smelzer were1
brought to Welser this afternoon from
Council and placed in jail to. await the
next- term of the District Court. The
men are charged with grand larceny in
having abstracted more than $200 from the
trunk of D. W. Dunlap, a recent arrival
from Lakeview, Or.
The money was traced to Boyle and
Smelzer by their .spending large eums of
money for watches and Jewelry when it
WOMAN' IS NOT SCARED
WITH A CLUB SHE'FELLS MAX "WHO
THREATEXS HER.
PHrsBtngr Posse Falls to Overtake
Montana Ranener Before He
DroTTBs Himself In a Lake.
MISSOULA. Mont. June 12. After an
erratic career In which he was knocked
down with a club by a woman he had
threatened, Jacob KacheL an Ovando
rancher, drowned himself in Fish Lake
Wednesday, before the posse in pursuit of
him could lay hands on h'lm. His body
was recovered.
Kachel had a mania for threatening
women and children with death.
year, it Is very, absurd of course to get
excited, as some do, whenever there Is a
small shipment of gold to Europe or South
America, During the year the outflow of
gold has been but $3,605,000, which la a
trifle. Wall street, however, makes a
great to do over the least exportation of
gold when it suits Wall street's campaign
to do so.
RAILROAD ACCIDENTS.
COURT GOES TO "WITXESS' BED.
"Welser, Idaho, Man Paralyzed by
Being? St rack on Head.
WEISER, Idaho, June 12. (Special.)
Hotchklss, who assaulted Frank Johnston,
livery stable man, last Friday morning.
Killed More People In a- Year Than
"Were Lost In Boer "War.
Scientific American.
In a recent editorial on the subject of
the alarming increase of accidents on
our railroads, we called attention to the
fact that the railroad companies seemed
to place a very cheap estimate upon life,
as evidenced by the fact that no special
measures were being taken to check the
rapid growth of fatalities among rail
road passengers and employes. We have
before us a Government publication whose
figures present incontestable evidence
that the charge of negligence is well
founded. According to Accident Bulletin
No. 6, published by the Interstate Com
merce Commission, the number of pas
sengers killed in train accidents during
the months of October, November and De
cember. 1902, was 266, and of injured 27SS.
GRADUATES OF THE PENDLETON ACADEMY.
PENDLETON. Or., June 12. (Special.) The following arc tho names of the graduates of the Pendleton Academy this year: Lower row, beginning at tho left-iMlsa
Flo Walker. Pretident F. L. Forbes, "Mies Nellie Whlttemore. Miss Mabel McDIU. Second row J. A. Kennedy, Professor C. S. W Wilson. Top row Professor C. Kloepfer.
Miss Eva Belts. Miss Grayce Crockett.
JHr There
Mr the right
is no beverage more healthful
kind of beer. Barley malt and hops
a food and a tonic Only 3 per cent
of alcohol just enough to aid digestion.
Bat get the right beer, for some beer is not healthful.
Schlitz is the pure beer, the dean beer, the filtered and
iterilized beer. No bacilli in it nothing but health.
And Schlitz is the aged beer that never causes biliousnew.
Call fsr the Brewery Bottling.
TS Wser that made Mtlwmukt
And Schlitz is the aged beer that never causes biliousno. S
M Th Mser that made Stllwmuk Aumm. J V
jjHT Phone Oregon 635 Main, J. Silvestone, VfekY
iF 60S Chamber of Commerce Bldg., Portland 8
a rate of 51,244 deaths and Injuries in a
Blngle 12 months. Now, these figures are
surely sufficiently shocking in themselves;
but we can better appreciate their mean
ing if we compare them with the cas
ualties in some specified instance of the
universally admitted "horrors of war."
During the whole of the Boer war. which
lasted about three years, the total num
ber of casualties (killed, wounded, died
of disease and invalided home) In the
British Army was 27,732, of whom 5727
were killed in action. The Boer losses. It
we exclude the number of prisoners taken,
were not so numerous as those of the
British; but, jeven if we allow that they
were approximately equal, we find that
the whole number of casualties of Brit
ish and Boers throughout the three years
was only about equal to the total num
ber of railroad casualties in the United
States, supposing, that Is, that the rate
shown in the last three months of last
year were to prevail for the whole year.
Judging from the dally record of acci
dents during the first three months of
1903, this rate has not only been sus
tained, but has greatly increased.
The JfeweBt Decoration.
New York Press.
The tattooing craze is on again. The
otBer night at a reception in Clinton ave
nue. Brooklyn, a beautiful young woman
created a mild sensation by exhibiting
shoulders most exquisitely marked in pink
and tan. The men slyly crowded around
to admire and inspect, while, as for tho
women well, they were shocked. The
bodice was none too high, and Hebe her
self could not have, beaten the form. It
was evident that an artist had done the
tattooing, for It was the most delicate
tracery, resembling the lace that our
proud families hoM as heirlooms. It final
ly developed that the young woman had
placed a bit of grandmother's precious Ar
gentan over her and lain out in the sun
for a few Aou;-s. The result was a pink
and tan print, and no tattoo at all.
Evolution In Chicago.
One of ther leading railway companies
In Chicago has offered to crease the
"pants" of each-of its employes 12 times
a month for nothing, with a view to Im
proving the appearance of Its force, re
marks, the critical Boston Globe. Perhapa
the next step In the march of progress
will ba to get them to wear trousers.
Spartacus-Whom do you think furthest from
the Presidential nomination, and how far?
SmarUcus To answer both questions in one
word. I should say Miles. Baltimore American.
known that the recent warm weather was
a decided benefit to crops, and that no
harm will result from he easterly winds
that prevailed early in the week.
JURY OP TXQUIttTL.XAMKr.-
Epplnger fc Co.'a Affair Are Snbject
of Investigation.
SAN FRANCISCO, June 12. The failure
of the grain firm of Epplnger & Co. was
formally brought to the attention of the
grand Jury today by ex-Judge Robert
Ferrall, representing the District Attor
ney. Mr. Ferrall reviewed the known
circumstances of the cases and current
cfports in the business community and
declared that they were of sufficient Im
port to cause an investigation.
The foreman of the jury appointed as a
committee of inquiry Jurors J. S. "Web
ster. Frank D. Peterson and James B.
Smith, who were instructed to report to
a special session to be held next Tues
day. The Epplngers today announced that a
prominent local attorney, whose practice
Is largely in the criminal" courts, had been
retained In their behalf.
The warehouse books of the firm were
not produced today, as had been promised
by the attorney for the Epplngers. The
three lawyers representing tho creditors
visited him today and made a peremp
tory demand for the books and allowed
until tomorrow morning for their produc
tion. If the books .arc not given up.
legal actlpn la the United States District
Court will be taken to secure them.
From a statement made today by Mr.
Ach, who represents Epplnger & Co., It
Is not probable that the warehouse rec
ords will be turned over to the creditors.
The refusal. It is said, will be based on a
recent decision of the Federal Courts,
which held that no person could be com
pelled to relinquish books or records
which might be of an incriminating nature.
IMPROVEMENTS AT PENITENTIARY.
was known that they
previous to the robbery.
had no money
McMinnville High. School Alnmni.
M'MINNVILLE, Or.. June 12. (SpeclaL)
The High School Alumni held their sixth
annual reunion here last night. Miss
Ethel Harris, '9S, gave the address of
welcome. The response was by Marie
Irvine, '03. The address of the evening
was by President A. Mf Brumbach, of
McMinnvIllc College. A banquet was held
at White's Restaurant. The following re
sponded to toasts: Misses Alt a Booth.
Mary Jones, Mary Hutchings and Bessie
Houck. and Professor L. R. Aldermoor,
Messrs. Earl Wisecarver and Floyd Patty.
Trinl of Western OreRon Cases.
SALEM. Or., Juno 12. Special.) The
Supreme Court will resume the trial of
"Western Oregon cases on June 22. Clerk
J. J. Murphy has set cases for trial as
follows:
June 22 Hilts vs. Hilts, motion; Earle
vs. Earle; Bergman vs. Inman, Poulsen &
Co.
June 23 Sears vs. Daly; Colbath vs.
Hoefer.
June 25 Epping vs. "Washington Na
tional Building. Loon and Investment As
sociation; Patterson vs. United Artisans.
Part of DlntnK-Itoom to Be Used for
Scaffold-Room.
SALEM, Or.. June 12. (Special.) Gov
ernor Chamberlain has decided to have j legal services, which he claims to have
ad addition built on the- south end of the ! rendered him in the state during the
dining-room and kitchen at the penlten- j eight years prior to 1902, when Frye re-
Division Headquarters to Be Moved.
KAL.ISPELL, Mont., June 12. The
Great Northern Railroad Company wiU
move the division headquarters from Kal
ispcll to "White Fish, a new town on the
line of the cut-off, 16 miles north of Kalls
pell, according to reliable reports. The
shops will be moved to the new town.
J. J. Hill Is Interested in the town, the
site of which will be on state land pur
chased from the etato last Summer. Eight
hundred acres qf land are to be platted.
Frye "Wants Part of Bnrtlett's Estate
"WHATCOM. "Wash., June 12. (Special.)
The United States District Attorney for
the State of Washington, Jesse A. Frye.
has brought suit against tho executor of
the estate of Erastus Bartlett, the late
Oakland (Cal.) millionaire, for JSSSO for
striking him over the head with a bridle
bit, fracturing his skull, had a prelimin
ary trial today: He was charged with
assault with a deadly weapon. He, was
bound over to appear at the next term of
the District Court.
Johneton was unable to appear at the
trial and the court repaired to his bed
side and took his testimony. His left side
is paralyzed.
IXCEXDIARIES SET FIRE.
Warner Valley Ranch Buildings
Bnrned and Horses Stolen..
LAKEVIEW, Or., June 12. (Special.)
Fire destroyed the residence, barn and
blacksmith shop of the Warner Valley
Stock Company in Warner Valley one
day last week, all the household goods
and a large stock of supplies were lost.
It was undoubtedly of Incendiary origin,
as two saddles and all the horses were
taken out of the barn. The parties who
did It are under suspicion, and will likely
be apprehended.
Canadian Creelc on a Rampage,
VANCOUVER, B. C, June 12. Too
much water and a shortage of the water
supply is the paradoxical position, at
North Bend, an Important stopping town
on the Canadian Pacific Railway. The
dam of the reservoir on the hillside above
the town gave way this morning, and the
water came tearing down through the
town, flooded the hotels and the depot
building and covered the railroad track.
The Canadian Pacific Railroad at once
took prompt measures to remedy the
trouble, nnd called in all the available
ditch and bridge gang men In the vicinity.
The creek was promptly diverted, and In
a few- days the dam will be repaired.
Meanwhile some inconvenience is suf
fered by people by the cutting off of the
water supply.
tiary for the purpose of providing a place
to conduct executions. The addition will
be constructed of brick, and will be two
stories high. The improvement will be
made as outlined some time ago by Su
perintendent James.
Work will soon be commenced on the
construction of a sewer to connect the
prison with the new state sewer built a
year ago to a point west of the asylum.
This will give the prison better drainage.
celved the appointment" to his present pc.
sition.
HERMANN TAKES A LOOIC AT BAR.
Salem Expects His Efforts "Will Ac
complish Good on the River.
SALEM. Or., June 12. (Special.) Congressman-elect
Blnger Hermann was In
Salem today and In company with repre
sentatives of the Greater Salem Commer
cial Club he visited the river front and
examined the condition of the gravel bars.
Having personal knowledge of the con
ditions he will be tho better able to In
duce the department to make surveys and
to secure appropriations from Congress
for the purpose of preventing further en
croachments by the bar upon the channel
where boata are accustomed to ply.
Freak of Lightning.
MORO. Or., June 12. (Speclal.)-During
the storm here yesterday the electric fluid
struck a chimney on Mrs. Maxwell's
house on Main street, sending the brick
work crashing to the ground. The light
ning entered a room upstairs, ran along,
the wall and knocked a bed to pieces.
From that it passed to the first floor, and
through the wall made an exit to the
street.
SISTER ACCUSES SISTER.
Divorced Woman Said to Have Shot
Former Hnslmnd.
MILES CITT. Mont., June 12. Sister
accused sister at the inquest at Powder--.ille
over tho body of Dick Standlger,
shot Sunday last bj Mrs. Joe Brown.
Mrs. Standlger testified that Mrs. Brown
deliberately assassinated Standlger. She
acknowledged that Standlger struck Mrs.
Brown.
The latter, she says, laid In wait for the
man and shot him In the back. Standlger
was the divorced husband of Mrs. Brown,
and Standlger had married her sister..
SHORT LINE HEADING FOR IDAHO.
Identity of. Mysterious Surveying
Party Is Established.
SALT LAKE, Utah, June 12. The lden-
HoasebreaUtng at Mc3IInnvilIc.
M'MINNVILLS. Or June 12.-(SpecIaL)
The houses of Dr. J. D. Baker and C.
D. Johnson were broken Into Thursday
night. The burglars were discovered at
the house of Dr. Baker and fled without
taking anything. At C. D. Johnson's they
secured a purse containing a small
amount of money and some provisions.
Warehouse Blown on Track.
MORO. Or.. Jane 12. (SpeclaL) The big
warehouse of the C. S. W. Company was
blown bodily onto the railroad track yes
terday. It had to be torn to pieces and
pulled off the- track by the engine to al
low the Shaniko flyer to pass. The walls
and roof of the building were picked up
and landed square on the track.
Charles Dnvls Is Ont of Danger.
VANCOUVER, Wash., June 12. (Spe
cial.) Charles Davis, who was stabbed by
Henry Nerton at Fourth Plain, this week,
during an altercation, is recovering and
is out of danger. Nerton has not been ar
rested and trill likely not be, as Davis
has iid that he Is to blame for the
trouble and no prosecution will follow.
Gradnate at Haverford.
HAVERFORD. Pa., June 11 At the an
nual commencement of Haverford Col
lege, Harvey Macey Has kins, of McMlnn
ville. Or., was .graduated In arts.
Oar Increase of Gold.
The circulating medium has increased
$114,000,000 during the past year, says the
Financial Chronicle, and of the increase
578,000,000 was in gold certificates obtained
by depositing 75,000,000 gold dollars In the
Treasury. There cannot well be too much
of thia increase of the currency when it
is "the thing itself," not something at an
inflated valuation. While our stock of
gold Is Increasing at a rate of S7S.000.CCO a
Accidents of other kinds, Including those
sustained by employes while at work and
passengers getting on and off cars, etc,
bring the total number of casualties up to
12,811. Of these, 93$ were killed and 11.S73
Injured: from which we see that at the
close of last year our railroads were kill
ing people at the rate of 3752 per year,
and disabling them at the rate of 47.492
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women, imparts health and strength to the diseased parts and
makes' motherhood possible in thousands of caseSywhere barren
ness is supposed to be incursble.
Wine of Cardni has brought health to 1,500,000 women suffer
ing from every kind of female trouble. The Wine regulates the
menstrual flow, which is the foundation of every woman's health.
Barrenness usually yields quickly after this important function
is regulated. Wine of Cardui also prevents miscarriage and
cures bearing-down pains.
In any event Wine of Cardui removes the cause of barrenness
by making the female organism strong and healthy. The letters
from these grateful women printed to-day are the best evidence
that anyone could give.
Go to your druggist and secure a $1.00 bottle of Wine of Cardui.
The use of Wine of Cardui will bring happiness to your home.
In cases requiring special directions, address, giving
svmotams. "Ti LzHies'" Advisorv T)mrnt
n-"I - i ir j5- i- m ... '
I
1
Lutcher, La., Jan. 30, 1902.
I suffered with dragging
pains in the lower abdomen,
and was perfectly disgusted
with life. My husband pur
chased tvrobottles of Wine of
Cardui. The first
relieved me and
thesecond has en
tirely cured me.
I expect to be a
mother again in
April, and I don't
intend to be with
out Wine of Car
dui as long as I am able to buy it.
Mrs. C. J.ROBINSON.
Glendlora, Tex., Jane 19, 1902.
I had womb trouble for three years, but
found no relief until I tried Wine of Cardui.
Now I have a fine "baby boy one year and
eight months old. I was married ten years
before he was born and have had no other
children. Mrs. COLLIE JOHNSON.
Luna Landing, Ark.,
March 8, 1902.
Wine cf Cardui was health
life andstrength to me during
pregnancy. Before I began
to use it I was not able to do
anything. February 28th a
fin-baby weigHngl2pounds
made his appearance, and
I can now recommend it to
every expectant mother.
NANCY A.
JENKINS.
IV!