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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 7, 1903)
6 THE MORNING OREGONIAN. TUESDAY, JULY .7, 1903. NEW BOARD WIN ef fort of Portland Bill of 1903 Held to Be Valid, TITLE OF ACT IS SUFFICIENT Inpaeme Court Says Error h Phbc--tuation or UstcertalaUea Wkicli . Can Be Reaaovea Will Mot Ia valldate a& Act. . Punctuation marks are no part of statute and do not control In ascer taining the real meaning of an act. The title of an amendatory act Is sufficient If It Indicates "with reason able certainty the act to be amended. These are the principles laid down by the Supreme Court in affirming the validity of the act of 1003 appointing the new Port of Portland Commission. In an action for damages by a lien holder under the Washington statute, -where the logs subject to Hen have been removed ' to Oregon and sawed Into lumber, , the right of action ac crued when the logs were removed and not when they were sawed. Divorce will not bo granted to a per ron who violates the marriage laws. SALEM, Or., July 6. (Special.) The Su preme Court today handed down deci sions in three appealed cases, among them the Port of Portland case. In which the decision of the Circuit Court is af firmed. This decision upholds the validity of the act of 1903, reorganizing the Port of Portland Commlsison. Svrlfcert vs. Banfleld State of Oregon, on relation of C. P. Swlgert, John Drlscoll, C F. Adams, Archie Pease, E. W. Spencer, P. L. Wil lis and GT3. Thomas, respondents, vs. M. C. Banfield. Ellis G. Hughes, John Mc Craken, Ben Selling and Alfred Tucker, appellants, from . Multnomah County, .Judges Arthur L. Frazer, Alfred F. Sears, Jr., and John B. Cleland, en banc; af firmed. Opinion by Justice Wolverton. This was a proceeding to determine whether the relators or tho defendants ore entitled to exercise the power and authority vested in the Board of Com missioners of the Port of Portland. The questions involved relate to the con struction and sufficiency of the title of the act of 1S03, which purports to Invest the relators with such power and author ity. Since it has been held valid, this act displaces the defendants, who con stituted the board under the laws exist ing prior to "the session of the last Legis lature. Two objections were made to the suf ficiency of the act of 1903: That it was void because it was designed, to be amendatory of the act of 1899, which had theretofore been repealed by the act of 3901, and that if designed to be amenda tory in any respect of the act of 1901, it is void, because the latter act is not suffi ciently described so as to indicate with reasonable certainty and definlteness that It Is the act Intended to be amended. . Omitting much of the wording, the title of the act of 1903 is as follows: An act to amend section 25 and section 23 of ' aa act entitled on act to revise and amend an act entitled "An act to establish and lncor- porate the Port of Portland" . .. . and approved. February 38, 1890. The trouble arose because, in draw ing the act of 1503. the title of. the act of 1901 was reproduced literally, quota tion marks Included, whereas the quota tion marks should have been moved so as to Include all the words in the title of the act of 190L The Supreme Court, af ter quoting at more length the titles of the various acts, says: "There is some confusion, caused, no doubt, by the inappropriate or inaccurate use of the quotation marks. If they had been so placed as to include the words, 'an act to revise and amend an act en titled,' at the beginning, and the words, and approved February 18. 1899 at the conclusion of the title, there could have been no mistaking the purpose of the Legislature to amend the act of 1D01." After showing that the wording of the act of 1903 Indicates an intention to amend the act of 1901 and not the act of 1S9S. the opinion, says: "Another feature Tendering It Impossible that reference could have been made to the act of 1S99 is that it contains but eight sections, while the act of 1901 contains sections corresponding in number to those stated by the billr so that It is made absolutely certain that the present act "was not intended to be amendatory of the act of 1899. Quotation marks are marks of punctuation and the punctua tion of an act or its title is not con trolling in construing' it for the purpose of ascertaining its real meaning. . . . The meaning is clear and we have only to readjust the quotation marks to re lieve it of all confusion or doubt" The second objection was based upon the omission of any reference In the act of 1903 to the date of the passage or ap proval of the act of 1901 or any indica tion the place In any authorized pub lication of statutes where it could be found. The Supreme Court holds that any reference to the law to be amended, or designation of it by which it can with reasonable certainty be determined what law is intended, is sufficient to meet the constitutional requirements. . . . Bar ring quotation marks, and perhaps some other punctuation, the title of tho act of 1901 is exactly stated in the title of the act In question, so that there is no chance of mistaking the act resigned to bo amended. The public character of the different acts relating to the Port of Port- I land will 'admit of the court taking Ju dicial notice of their enactment (B. and C Comp., ec. 720). Bergman vs. In man, Ponlien & Co. C. O. Bergman, respondent, vs. Inman, Poulsen & Co.. appellants, and Mattl Makaranen, defendant, from Multnomah County, M. C. George, Judge; reversed. Opinion by Justice Bean. This was an action to recover damages under a statute of the State of Washing ton. By the provisions of that statute every person performing labor upon saw- - logs has a lien thereon, and any person who shall destroy, . . . render diffi cult of identification, etc, shall be liable to the lien-bolder for damages. The logs in question were cut In 1892 and the Hens were filed October 1 of that jear. The liens were later foreclosed and a decree secured in March, 1S93 While the Hen suit was pending defendant purchased a part of the logs and removed them to Ore gon, where they were sawed into lumber. On January 2G, 1899, this" action was brought against defendant to recover the damages alleged to have been sustained by reason of defendant's violation of the statutes of Washington, and the verdict "waB for plaintiff. On appeal defendant assigns error of the lower court In refusing to Instruct the Jury that the statute of limitations is a bar to recovery for all logs removed to this state prior to January 27, 1893. The Supreme court holds that the plaintiff's right of action accrued when the logB were removed from the jurisdiction of Washington courts, and not when they were sawed into lumber, and that plain tiff is therefore barred from recovering . for logs taken from the State of Washing ton more than six years prior to the commencement of this action. Other er- rors -were alleged but not sustained. The case la remanded tor new trial. Grab am t. Merchant. R. A. Graham, respondent, vs. C H. Merchant, appellant, from Coos County, J.W. Hamilton. Judge: affirmed on con dition. Opinion by Chief Justice Moore. This vras an action to recover money paid by plaintiff on a contract which he sought by this action to rescind In con sequence of defendant's alleged abandon ment thereof. The Jury In the court be low found for plaintiff In the eura of J36.7C0.55. After a detailed review of the .pleadings the Supreme Court arrives at the conclusion that this Is 52312.17 In ex cess of the sum due plaintiff, according to his theory of the case, and It is or dered that unless plaintiff remits that much of the judgment within ten days the case shall be reversed and remanded for new trlaL Barle v. Jarle. IjOU I Earle, appellant, vs. Sylvester Z. Earle, respondent, from Coos County, J. "W. Hamilton, Judge; affirmed. Opinion per curiam. This was a suit for divorce. The defend ant did not appear, but the court below re fused a divorce because the evidence pro duced by the District Attorney disclosed that ever since defendant deserted her, plaintiff has been a keeper of a house of ill fame. The Supreme Court affirms this ruling, "for the obvious reason that the law forbids redress to the plaintiff "Who is in equal default with the defendant and helps those who obey it and not those who violate It." Motion to dismiss the appeal in the case of Backhaus vs. Buell was overruled. Justice Wolverton laying down the rule Supreme Court only so much of the recora as will present the errors upon which he relies for reversal. If respondent wishes to present other questions upon his part In defense of the appeal, he must supply the record. - CAJfXOT GAItXISH OFFICIALS. Jndfre Burnett Knocks Ont Kay Law Repealing Exemption Clause. SALEM. Or.. July 6. (Special.) Circuit Judge George H. Burnett today rendered a decision holding that public officers are not liable to be made parties to gar nishment proceedings. This decision is based upon the rule that affirmative legis lation cannot be effected by the repeal of a negative statute. The Legislature therefore failed in Its purpose when U tried to make money in the hands of public officials subject to garnishment for debts due from public employes. The decision was rendered In the case of Strayer vs. Hayden. The defendant Is an employe at the penitentiary, and has $150 due him. Strayer obtained a judg ment against Hayden for 545, and then tried to attach a state warrant by serv ing garnishment papers upon Secretary of State Dunbar. The Attorney-General appeared for Mr. Dunbar and moved to dismiss the proceedings. In allowing the motion. Judge Burnett held that at com mon law public officials are not subject to garnishment proceedings, and if they are made liable. It must be by express statutory enactment. Prior to 1903 pub lic officials had been expressly exempted from liability to garnishment, and the re peal of the exemption does not make them liable. The legislature of 1903 passed an act expressly making public officials liable to garnishment, but Governor Chamber lain vetoed the bill, on the ground that it was in contravention to public policy. The bill could not be passed over the veto, but the second act, known as the Kay bill, repealing the exemption, was passed in Its stead. The Governor filed the act without his signature, saying, at the time that he did not believe it to be valid. Had he believed it to be operative, as intended, he would probably have ve toed it, as he did the first measure. REPUBLIC WILL ENDURE. Governor Morrison Delivers Oration at payette Celebration PAYETTE, Idaho, Julr eWKSpeclal.) Governor Morrison was the principal speaker at the Fourth of July celebration hare yesterday. In the course of his speech he said: "We are a Nation of home-builders. There is scarcely a home In this broad land erected and cared for by a native born American that has not its related home or homes in the East the West tho North or the South. Ties of kindred and affection unite the hearth from the At lantlc to the Pacific In these homes I find-the Inspiration of this hour, the hid den genius of our system, the causes that are working out the perfection of re publicanism. There is a silent . but very potent force working. In the homes throughout this broad land, unrecog nized In tho letter of the Constitution, yet a power which holds this great Nation in place and which is gradually growing and broadening In influence, lifting and elevating our citizenship to higher planes of usefulness and silently yet Burely solv ing the problem of government It is no new force. It was present at the first organization of society and has been the power behind the throne among all na tlons ' and people. The American citizen ought to be a thorough student of poli tics, il e., tho science of the state and citizenship. It is not all of citizenship simply to live in and enjoy the benefits of the country. There must be an In telllgent study of all the questions that affect the people and the disposition to act honestly on convictions produced by such study. A slight analysis of Amer lean citizenship will render apparent an evil that obtains in this respect We are becoming a nation of political sine cures. Current discussion,' political meth ods, social customs and -private individ ual acts prove the assertion. The evil Is not peculiar to party. It Is not sec tional. It is an abuse of citizenship. Rome was a mighty empire, but It was prostrat ed largely by the abuse of citizenship. Citizenship with us to a great extent means political emoluments or private indifference. Our Government may not endure, but I believe it will. Our plan of government has gone through the fiery furnace of foreign and civil war and come out purified and made stronger. Po lltlcal and social corruption, falso and harmful legislation have been arrayed against our plan, ye the government has been preserved and today stands the greatest monument civilization has erect ed. Let the political pessimists who crtti else qut Government as a failure stand aside. They have turned state's .evidence, confessed their own. guilt and accused us of causing a failure, for, know ye, fellow- cltlzens, that we are the government are all kings, and if our Government is failure, then are we failures and inca- pa Die ot governing ourselves, un, ye kings! listen to a truth -which ye can never hear too "often and which sophists pretend to doubt: There is no liberty without virtue, and no virtue without the fear of God." The exercises were attended by a large audience, A. B Moss being president and Peter Pence marshal. The city band gave a concert on the schoolhouse grounds, the choral society sang patriotic songs, and Miss Mabel Ireton ' read the Declaration of Independence. An 800-yard horserace was won by W. A. Ayers horse and ball game wag won by the Huntington team by 14 to 12. Company I of the Na tional Guard had a -sham battle in imita tlon of the battle of San Juan hilL ROBBED OF CASH AND BUGGY. Higavraymen Force Couple to Walk Instead ef Rldlngr. HOQUIAM, Waslf, July e. (Special.) Two masked highwaymen held up couple driving to Aberdeen on tho Aber- deen-Hoqulam road this morning and se cured $90. They made the occupants get out pf the buggy, and then drove it back to Aberdeen, where they left It on a side street The persons robbed would not give their names. Have you friends coming from the East? If so, send tneir names to toe- Denver Rio Grande ofice, 124 Third strt Port l&M ur. GAMBLING IS THE ISSUE CIVIC LEAGUE OF BOISE INDORSES HAWIEY FOR MAYOR. Democratic Candidate Has Declared Himself, bat Plaaey, Repub lican, Has Not. BOISE, Idaho, July 6. (Special.) Today the Civic League Indorsed J. H. Hawley for the Mayoralty. Mr. Hawley is the Democratic and Labor candidate, his Re publican opponent being James A. PInney. ' The league, after having the matter In the bands of a committee several days, found that the moral Interests for which it stands will be safer in the hands of Mr. Hawley than. In those of his oppo nent The particular ' issue is that of maintaining suppression of gambUng. It is claimed that Mr. PInney has pledged, directly or Indirectly, to permit the gam blers to operate. That element took a conspicuous part In his nomination and is unanimously working for his election. Mr. Hawley has given a pledge to tho league to keep vice In suppression, and has published a card to the same effect Mr. PInney has likewise issued a card through tho papers in which he pledges himself to enforce all laws, but does not name the specific statute which it is spe cially desired shall be enforced. The league Indorsed five of the 12 Re-, publican candidates for Aldermen, two Union Labor candidates, one Union Labor Indorsed by the Democrats and two straight Democrats. No choice was ex pressed on Treasurer. HAD FORGOTTEN FIRST WIFE. Viola Simon Admits Her Supposed Husband Is Insane. , SAN FRANCISCO, July C Pretty TJIola Simon returned sorrowing yesterday from her honeymoon. On June 12 in this city she married Lieutenant William K. Mc Cue, of the First Infantry. United States Army, after an acquaintance of six days, and less than two weeks later, on her wedding tour in Chicago, she found him to be a bigamist She had given her hand and heart to a madman with a mania for forgetting. It was a month ago yesterday that she met thp dashing officer with the clear eyes and ringing laugh that gave no trace of the fever that burned within his brain, and in these 30 days she had Uved a woman's lifetime. In one week she had her romance, in the second her honeymoon, in the third her time of trial, and yesterday she came home car rying her soldier's sword in her hand, with his medal won in Samar pinned to her breast and with her eyes filled with tears. "Take my sword and my medal with you," had been almost the last words of the officer. "No matter what they say. you are my wife. I am not mad, I am not married; it is all a He." But the girl knows better, and her heart is widowed because the burning sun and the lonely vigils In the Philip pines scorched the brain spot where lived the memory of William K. McCue. Viola Simon is only 18 years; and is as brave as sno is pretty, vvnen sne told her story she trle'd desperately to hide the sorrow in her life, but the laugh will grow hysterical and the dark eyes will fill with tears when sho speaks of the man who is held a prisoner at Sher idan. "Ida Westcott Is his wife." she said, and there can bo no doubt about that; but he cared for me and was Insane and had forgotten that he ever married her. Three days after we arrived in Chicago he Invited Lieutenant Beecham, who had accompanied him to Cuba and knew his wife, who was with him there, to dine with us. 'It will be a nice surprise for Beecham he said. 'He don't know that his old chum has a wife.' On this one subject he Is insane be yond a doubt but on all others he Is per fectly rational. He was more than kind to me, and Is a gentleman of the finest type. I became the victim tnrougn his misfortune, and nothing else. If he had been sane this thing would have never happened. At the hos nltal Wednesday when I left ho be came quite violent ana Kept caning aioua my name and asking for me. Finally I went to him, and he begged- me to re main, and swore I was the only wife he ever had. The doctors made me leave at once, as they feared brain fever if he was excited. ' "As far as I am concerned, there will be no prosecution for bigamy, and 3 think that his wife will not trouble aim The matter now rests entirely with the Army authorities." TROOPS FOR VANCOUVER. Two Battalions of Nineteenth Com ins Instead of Tenth. Infantry. VANCOUVER BARRACKS, Wash., July C (Special) Tho Tenth Infantry will not be stationed at Vancouver .Bar racks upon Its return from the Philippines in October, as was at first ordered, lato orders having been received from the War Department assigning tho entire Nineteenth Infantry to the Department of the Columbia, with two battalions, headquarters and band to be Btationcd at Vancouver Barracks. Only the first battalion Is at present at the barracks, the second now being- encamped at. tho Presidio, California, and the third Is dl vlded between Fort Wright and Fort Lawton. Preparations are now being made for the change of station of the Second Battalion, which Is expected to reach Vancouver Barracks by July 18. Contract Surgeon C. O. Wood, who has just returned from a long tour or scrv Ice In the Philippines, arrived from tho Presidio last week, having been assigned to duty at Vancouver Barracks. Contract Surgeon Jerrold arrived at Vancouver Barracks from Fort Gibbon Alaska, and, having reported to the Chief Surgeon, was granted a two months' leave of absence. BOYS. WRECK TRAIN. Neglected by Their Father, They Be come Young: Desperadoes. PENDLETON, Or., July 6. Sheriff Tell Taylor has in his custody at tho County Jail Wallace and Olace, two small boys, aged 8 and 11, who are charged with attempted train-wrecking, Tho boys have been living in the coun try near Wallula with their father, their mother having died several years ago. The boys have hod no training at all and a good part of the time have been left entirely alono for days at a time while the father was away at work. Lately the boys have been amusing themselves putting spikes, railroad bolts and nuts on the track to see the engino "buck." They say it was great fun and didn't know it was wrong. The company superintendent has been wondering for some time what caused the trouble at this point and at last set a man to watch, with the result that the boys wero detected, and have been put In the care of Sheriff Taylor until some dls position can be made of them. They will probably be sent to the Boys' and Girls' Aid Society or the Reform School. They wero quite a sight before they were taken1 to the barber and given bath and hair-cu,t as they looked mora like animals than children. HIS CANOE IS SWAMPED. Roscoe Cassell Drowned While Crossing the Nehalcm River. ASTORIA, Or., July 6. Jtoscoe Cassell, 25 years of age, a clerk in the First National Bank, and ono of tho most pop ular young men in Astoria, was drowned in the Nehalem River at Jewell last oven Ing. Returning from a day's fishing, he was crossing Uae river in an old canoe, which swamped, throwing Cassell and companion, Guy Prescott into the river. Fretcott reached shore, but Cassell, who was unable to swim, was drowned. His body was recovered and brought to this city this morning. His atber is In the Boseburg Soldiers' Home, and he was the solo support of his mother. FATAL BLAZE AT OAKLAND, i Tvra Hotels Destroyed. Firemen Bnrned .to Deatk and Two InjHred. OAKLAND. July 6. Steps have already been taken to raise a relief fund for the benefit of the firemen Injured during tho big fire here yesterday. A number oi citizens held an informal meeting yester day and a committee was given power to proceed In the matter of raising funds. Tho fire was one of the fiercest that the local fire department has had to do battle with In many months. The total damage is estimated roughly at 575,000, and that there was not a great loss of life little less than miraculous. The Areata House, a three-story frame structure, formerly the old Mission House on San Pablo avenue, was totally de stroyed. The bigpur-story brick direct ly back of the Areata and occupied as the Waldorf Hotel was completely ruined. and In each Instance the stores on tho ground floors were almost completely de stroyed. Frank Parker,, extraman of Engine Company No. 3, while working at the fire, was burned to death, .and A. A. Licotte, foreman of the same .company. and D. J. Barr, also an extraman, are temporarily insane from injuries and the shock attending their heroic attempt to rescue their comrade, Parker. It Is also feared that Mr. and Mrs. W. Winner, who were lodgers at the Ar eata, have fallen victims .to the flames. Mrs. W. R. MIetz. a sister of Winner, re ports that she has searched for her brotb er and sister-in-law, but has failed to una in em. SAVE MONEY ON LIGHTING. err Bid for State Institutions Shows Great Reduction. SALEM. Or.. July 6. (Special.) The State Board of Capitol Building Commis sioners opened bids today for electric lighting for the state institutions lo cated here the Statehouse, prison. asylum, and blind school. Only one bid was presented, that of the Salem Light & Traction Company, which holds the pres ent contract The proposals were for either meter or flat-rate payments for all or part of the institutions, and for four or ten years, so that the terms offered are not easily stated, but members of the board say that the rates offered are about 30 per cent less than the state has been paying. The different plans proposed will be sub mitted to the State Engineer, C. C. Lewis. who will advise the board which plan of lighting Is most advantageous to the state. The state owns a 150-horsepower water right at the penitentiary, which can be used for about half the lighting. if found advisable. Uncnrthe new con tract tho state will save some $4000 a ear. CONVICTED ON FALSE EVIDENCE; Governor McBrlde Promises Pardon to Convict from Seattle. OLYMPIA, Wash., July 6. (Special.) Governor McBride this afternoon gave a hearing to applicants for the pardon of George Emanuel, who was sentenced to the state penitentiary February 3. 1903. In King County for eight years for burg- ary. Emanuel was convicted of burglary on an information sworn out by Mrs. R. E. Nortbn, whose residence In Madrona Park, Seattle, was entered. Emanuel was sent to the penitentiary from Pierce County February 13, 1S99, under the name of George Monroe. He" was up for .burg lary for five years, and with good time secured his discharge September 12, 1902, Statements are on file with the Gov ernor signed by the entire Jury which convicted the man, and also by the trial Judge. William E. Bell, to the effect mat it testimony unknown to exist, naa been brought out in the trial the man would never have been convicted. The parties appearing for Emanuel were as sured by the Governor that the pardon would be granted. PICKPOCKET CAUGHT IN ACT. Equipped With Blade Concealed In Ring, She Cuts Pockets. THE DALLES, Or., July 6. (Special.) A clever woman pickpocket was arrested in this city yesterday by Marshal Wood while in the act of "working" the crowd on the corner of Second and Washington streets. On the middle finger of her right hand was a broad, thick ring. In which was set a small knife blade, sharp as razor, witn wmcn sne could silt open a pocket or garment with little difficulty. Three persons had notlfled the city offl clals of cut clothing or purses. When arrested the woman gave her name as Mrs. Karrlck, of Now York City and further than that declined to talk. A search of her room at a local hotel dls closed nothing to arouse suspicion, except a large collection of .silver spoons of dif ferent marks and manufacture. NO SITE FOR RESERVOIR. Difficulties of Water Storage La Grande Forest Reserve. ' WALLA WALLA, Wash., July 6. (Spe cial.) W. H. B. Kent' Government Forest Reserve Inspector, is here tonight after viewing the Washington portion of the proposed La Grande forest reserve. His search for a possible reservoir site was unsuccessful, and he will have to return to look up natural reservoirs lower down, Narrow gorges prevent suitable sites. Mr. Kent found reforestation taking place rapidly, and says the reserve, properly cared for by the Government would soon be retimberc-d. He reports having found the people of Asotin, Colum bla and Garfield Counties pretty unanl mous In favor of tha reserve, while those of Wallowa County, In Oregon, ho found against It Flaw in Law Saves Criminals, OLYMPIA, Wash.. July 6. A flaw has been discovered which will probably ren dcr of no effect a portion of the act re latlng to habitual criminals passed by the last Washington Legislature. Tho law In question Is known as the cumulative sentence , act and was designed to give tne courts authority to add extra nun Ishment to criminals who wero found guilty of grand larceny or petit larceny when proof of previous conviction could be produced by tho Prosecuting Attor ney. The court was given liberty to double or even triple the punishment Unfortunately the lawmakers neglected to state In the title of the bill that mis demeanors were Included under its pro visions, and the titlo refers to felonies alone. The defect has been called to the attention of a number of competent law yers, who agree that it Is serious enough to render part of the statute without ef fect. That part which is defective really the most Important as It was In tended to clear the state of criminals who constantly repeat petty offenses 4n order to get the counties to care for them when tha Winter comes on. Tho law was modeled after the California law on the same nubject, and similar laws In many other states. Scotch Capital in Irrigation. NORTH YAKIMA. Wash.. July 6. It is understood here that the filing of the big water appropriation last week out of the lakes at the head of the Yakima River was for a very strong Scottish syndicate working In harmony with tho Northern Pacific Railway Company. This canal is to furnish water for the Kittitas Valley, tho Moxeo country near this place and the section near Priest's Rap ids. on the Columbia. It Is understood the combination will have unlimited capl tal, and. will be able to build the canal without a hitch once It is started. Thosu unhappy persons-who suffer from nervousness and dvsneosia should use Car- tor's Little Nerve Pills, made expressly zor tow class. DUEL TO THE DEATH BULLETS FLY WITH EFFECT I FIGHT AT MITCHELL. Resistance to Arrest Causes Fusil ladeBoth Combatants Are Slain and Town Marshal Is Wounded. ARLINGTON, Or.,- July v6. (Special.) shooting affray occurred on the street In Mitchell today which resulted In the death of two men and a serious wound to a third. Martin Puett. son of the ex-Marshal of the town, had got drunk and was creating great disturbance about 5:30 this after noon. The Marsnai, wnose name couia not be learned here, was about to arrest him when Milt Dehaven, a young man who hadTi'rlfle with him, volunteered to quiet Puett Puett resented Dehaven's Interference, and, drawing a revolver, shot Dehaven, Inflicting a fatal wound. Puett stepped back a few paces, but Dehaven Instantly took aim with the rifle and shot hint with such sure aim that Puett died In Ave minutes. Dehaven also died within three-quarters of an hour. A wild bullet fired by one of the men struck the Marshal in the leg, breaking the bone. SEVEN-HEADED WHEAT PAYS. Milton Farmer's Experiment Proves Highly Successful. PENDLETON, Or., July 6. (Special.) Eighty acres of seven-headed wheat planted at Milton by J. M. Freeman show good prospects of a crop of 65 to 70 bush els this year. Mr. Freeman obtained the wheat from a German two years ago and last year had Ave acres of it selling the product to the Peacock Mill for the same price as bluestem. The flour matte there from was nearly equal In quality to the best grades of bluestem, and, as the yield was greatly In excess, the venture ap pears profitable. This Is the second year of the experiment and so far the new wheat has been tried only on hill land. HELD UP ON THE HIGHWAY. Two Aberdeen Citizens Robbed and One of Them Clubbed. ABERDEEN, July 6.-(SpeciaI.)-L. P. Demeree and Joo Markson were held up on the Hoquiam road last night by three masked men and relieved of $15 and a JOO diamond. Demeree was shot at but knocked his- assailant down with his list, For this he was struck on the head with a billy, which stunned him. This is the second hold-up this week. KILLS BROTHER BY ACCIDENT. Sad Result of Scuffle Between Boys for Old Rifle. NEW WESTMINSTER, B. C, July 6. (Special.) A sad shooting affair occurred at Otter, B. C, today, when the Weldon brothers, aged respectively 6 and 13, who wero visiting their uncle, got" Into a suf- fle over an old 22-callber Winchester rifle. The weapon went off, shooting tho older lad in the head, causing instant death. j NORTHWEST DEAD. Miss Elizabeth Clyde, of Axford. HOQUIAM, Wash., July 6. (Special.) Mrs. Elizabeth Clyde, wife of Joseph Clyde, of Axford, died today at the fam lly home. Tho Clyde family Is one of tho pioneer families of the Humptullps coun try, having lived there during the past 19 years. Her death was very sudden and unexpected. Besides the husband, she leaves a family of six children, mostly grown. These are: Mrs. Schneider, of Olymplor Thomas, Robert Joseph. George and Tilly. The children are all at home. except tho married daughter, Mrs. Schnel der. B. Ferguson, of Adams. PENDLETON, Or.. July 6. (Special.) B. Ferguson, for 26 years a resident of Adams, was burled there today, his death from paralysis having occurred Saturday. Ho was unmarried, but left a brother. H. Ferguson, and a sister, Mrs. C. S. Ferguson, residing In Adams, and a brother, J. M. Ferguson, who lives in this city. Celebration at Ilwaco. ILWACO, Wash., July 6. (Special.) The Fourth of July celebration and sports drew a great crowd here. The sports opened with a ball game between Fort Stevens and Ilwaco, which was won by the home team by a score of 2 to 1. The free-for-all sprit-sail fishing-boat race was won by Frank Graham's crew, with a lead of only a few feet Will Sumoula won tho glllnct boat raco with a short lead, and Roy Whltcorab was captain of the boat that won tho sprit race. He also won the pond race. At tho Independence day celebration Miss Rebecca Markham presided as god dess of liberty, attended by two little girls. On the stage were girls to repre sent each state of tho Union, who sang the "Red, White and Blue," and were followed by prayer by Rev. Mr. Harris, pastor of the Methodist Episcopal Church. "The Star-Spangled Banner" was sung by Mrs. J. T. Ross, ot Astoria. John H. Shlvely was the orator of the day. The Chinook band furnished the music. The first horserace for a $50 purso was won by Will Hawkins' horse, and the pony race by Rube Hawkins pony. An extra race between Jesse Moore's sorrel horse and Gill Lacy's bay was won by Moore. Tho 100-yard footrace was won by Percy Colbert over Corporal cravens, or Jbort Canby. In tho baseball game Ilwaco walked off with Nahcotta's nine by a score of 13 to 3. In tha evening a ball was given in the opera-house. Must Not Change Parties to Suit. OLYMPIA. Wash.. July 6. (Special.) A now point was passed on by the Su preme Court today In denying a motion to substltuto oartles plaintiff in an ap peal to the Supreme Court and allow tho prosecution of the appeal after the orig inal plaintiffs and defendants naa agreea to withdraw from the appeal. A tax question was Involved, and It was main tained that public interest demanded the prosecution of the appeal and that this was ground for substitution of other plaintiffs and appellants or for allowing them to Intervene. The court denied the motion In both particulars. The case came up from King County and was En titled A. W. Hlght, in his own behalf and In behalf of other citizens and tax- Heae vised payers of the city of Ballard, respondent and plaintiff, vs. William Batley et aL, defendants and appellants. The motion to substitute was made by Robert nd Hettie Huston. Alaska Lawsuit Decided. SAN FRANCISCO. July 6. The United States Circuit Court of Appeals today handed down a decision sustaining the decision In the case of the Alaska & Chi cago Commercial Company vs. N. B. Sol ner, appellee, appealed from the second division known as the District Court of Alaska. This was a suit In equity to set aside and cancel certain conveyances of real estate situated In Nome, Alaska, which conveyances were executed by William J. Bauerle to Solner, and to re cover damages for $15,000. The convey ances were declared valid by the Alaskan Court and the Judgment was sustained, with costs, by the Circuit Court of Ap peals. Rain Ruins Cherry Crop. OREGON CITY, Or., July 6. (Special.) The continued rains ot the last few days have practically ruined the cherry crop. The Royal Anne Variety, ot which there was an abundant crop, has been rendered unmarketable. The fruit has cracked badly and Is now fermenting on the trees. If the rain does not cease soon, extensive damage will result to hay and grain "throughout the county. With a change to favorable weather, Clackamas County will this year yet harvest one of the most bountiful crops that was ever raised. . Yacht Race and Ball Game. SOUTH BEND. Wash.. July 6.-(Spe- cial.) In spite of a disagreeable mist the celebration of 1 the Fourth here was a grand success, and was wltnesed by the largest crowd ever here. The yacht race was won by the Ocean Wave, owned by William Mills, of Bay Center. Hon. H. S. Elliott gave thoradress of the day. The ball game In the. afternoon between the South Bend and Chchalls nines was won by the latter by a score of 5 to 2. Today the same nines played again, the score standing South Bend 12, Chehalls 0. "Nigger-Chaser" Sets Boy on Fire. HOQUIAM. Wash., July R (Special.) Arnold, the 8-year-old son of Mr. and Mrs. Alex Poison, had a narrow escape from being burned to death today. The lad had a "nigger-chaser" In his blouse, and, while he was shooting a Roman candle, a spark fell, Igniting the chaser and setting his blouse afire. He tried to put It out with his hands, but failed. Having pres ence of mind, he rolled In the wet grass, extinguishing the fire. He was badly burned about the shoulder, breast and hands. ' Certificates Granted Teachers. SALEM, Or., July 6. (Special.) The State Board df Education today granted certificates and diplomas as follows: State certificates Nellie Kemp, Wood burn; Annie Overholtzer, Tigardvllle. Llfo diplomas Laura D. Myers, Port land: Letltla Masterson, y Independence; Mae S. Mullt Lebanon; Lucie B. New land, Cottage Grove; Ida Shaiiahan, Ver nonla; W. P. Matthews, Salem. Day Escapes Prosecution Again. PENDLETON, Or., July G. (Special.) The prosecution of Harry Day, arrested In Pocatello on the charge ot swindling a merchant here by representing himself to be an advance agent for Sells & Fore paugh's circus, has been abandoned and the prisoner released. About ten days ago Day wa3 arrested in Astoria, but was set free on oayment of the sum ho had fraudulently obtained. Parole for Reform School Boys. SALEM, Or., July 6. (SpecIaL) Super intendent Bickers, of the Reform School, has recommended the parole of Leo Jacks, Dave Johnson, Tracy Sproul, Ernest Mil ler, Willie Miller. John West, Farnsworth Bock, Clifford Moore, Ed Osborn, C. Mar tin, Owen. Dean-and Earl Lewis, who have earned tho necessary grades and otherwise conducted themselves in the manner required. Lamed by Mowing Machine. EUGENE, Or., July 6. (Special.) A little boy 10 years old, son of F. M. Smith, who resides on the road to Co burg, two miles north ot Eugcrte, was seriously Injured this afternoon. In some manner he got in front of the' sickle of a mowing machine and received a terrible cut just above the right ankle, which severed an Important tendon. More Insane Patients in June. SALEM, Or., July 6. (Special.) The monthly report of the Superintendent of the State Insane Asylum for June shows an Increase in the number of patients from 1302 to 1324 during the month. The per capita cost of maintenance was $10.43 per month, or 34 cents a day. The gen eral health of the patients has been good. New Volume Supreme Court Reports. SALEM, Or., July 6. (Special.) Su preme Court Reporter-R. G. Morrow was In Salem today working on material for volume 42 of tho Supreme Court reports. He says that the new volumo will be out about September 1, and will contain the decisions down to June 1. Across Continent in an Auto. SAN FRANCISCO. July 6. E. I. Ham mond and L. L. Whitman, both of Pasa dena, began today from in front of the City Hall an auto trip across the con tinent. They bear a message from Mayor Schmidt to Mayor Low. of New York, and expect to deliver it in about 60 days. Given All the Law Allows. EUGENE, Or., July 6. (Special.) J. II. Martin was tried beforo tho Recorder today on a charge ot Insulting little girls, and was sentenced to 27 days In Jail and to pay a fine of $54. No state law was found to cover his case, so he was tried under a city ordinance. -j Profits on Salem Carnival. SALEM, Or., July 6. (Special.) A rough estimate of the financial results of the Salem Street Carnival 'Indicates that when all expenses have been paid, the managing committee will have between $100 and $200 left Sent to Insane Asylum. OREGON CITY, Or., July 6. (Special.) Mrs. Sophia Dickelman, ot this city, was today committed to the insane asy lum. The patient, while partially help less, threatens to kill herself.' She was taken to Salem tonight by Sheriff Shaver. German physicians refuse to telerhone pre scriptions to druggists for fear of mistakes. Ske stoops to Conquer wKervshe uses PeaPllIYe and stoops to apeurvful struggle with, dirt wKerv she uses old fashioaed methods arvd cheap Washirvg Powders I prefer Pearlme and use io other. Find it more coiwerIerl tK&rvso&p fbrw&shlruS and especially so for housecie&nkvg &id oUshav&shing. Mrs. ffaf. C. CdL , Powders Creates ard ,but nrefier Perllrve tr&r JoisecleAiirv affords me uv eceftera opportirHy of testiig it.cjvTl am highly pleased. Mrs. Rev. CBS. The wrimeivwtYO are five most oartioilar about their housework are the orgs who are the most enthusiastic about Pearliive Family cares and duties do not weigh down the well wpman, and the cihldren are never In her way. But when the womanly health fails, and there is a constant struggle with weakness and pain, household duties are a burden al most past bearing, and children are a ceaseless annoyance and worry. Weak, women are made strong and sick women are made well by the use of Dr. Pierce's Favorite Prescription. It establishes regularity, dries disagreeable drains, heals inflammation and ulcera tion and cures female weakness. Sick women, are Invited to consult Dr. Pierce by letter free. All correspond ence strictly private and sacredly con fidential. Address Dr. R. V. Pierce, Buffalo, N. Y. "I had been alllnir some time, troubled with female weakness," writes Mrs. "William H. Johnson, of Avondale. Chester County, Penn sylvania. "Every month I would have to He on my back. I tried many different medicines and nothing gav: me relief until 1 began Dr. Pierca's medicines, using two bottles of 'Fa vorite Prescription and two ot 'Golden Medi cal Discovery. Theso medicines have cured me. When I began your treatment I was not able to do very much, but now I do the work for my family of nine, and feel bet'r today than I have for a year. I thank you. doctor, from the bottom of my heart, .for well do I know ' that you are the one who cured me." "Favorite Prescription", has the testi mony of thousands of women to its com plete cure o? womanly diseases. Do not accept an unknown and unproved sub stitute in its place. Dr. Pierce's Pleasant Pellets are tha best laxative for family use. DYSENTERY, DIARRHOF4, CHOLERA MORBUS Internallr X half to a teaspoonful of Bad- way's Ready Kellef In a half-tumbler ot water, reoeated as often as the discharge continues. and-'a flannel saturated with Heady Relief placed over the stomach and bowels, will af ford Immediate relief, and soon effect a cure. A half to a teaspoonful in half a tumbler ot water will. In a few moments, cure Cramps, 6pasm. Sour Stomach, Nausea, Vomiting; Heartburn, Nervousness. Sleeplessness, Sick Headache, Flatulency and all internal pains. VA xYm There la not a lemedlal agent In the world that will cure fever and ague and all othei malarious, bilious and other fevers, aided by RADWAZ'S PILiS. so quickly as RATWAY'S READY RELIEF. Sold by druggists. It AD WAY &. CO.. OK Elm St., J. Y. WORTH A THOUGH This Statement Will Inter est Scores of Port land Readers. The facte given below are worth a pe rusal by all who are anxious about their physical condition or aro- similarly sit uated to tho resident of Portland. It la a local occurrence and can be thoroughly investigated: Mrs. J. Jenkina, residing at 315 East Sixth street, wife, of J. Jenkins, retired, oays: "An itching and irritated spot on ono of my ears annoyed mo for some time. It spread, grew tender and I be came uneasy about it, for It resisted all my efforts to check It, although I Used more than one salve and ointment. My husband brought home a box of Doan'a Ointment, which he got at the Ioue-ravl3 Jrug Company's store and urged me to try it. One application soothed and after a few more the Itching and inflammation disappeared entirely. Ddan's Ointment la the best remedy for the purposes for 1 1 1 w VA which its use Is advised that I ever knew S ot." For sale by all dealers. Price 50 cents. Foster-Mulbum Company, Buffalo, N. Y., sole agents for the United States. Remember the name Doan and tak no substltuto- C. QEE WO The Great Chinese Doctor Js called great be cause his wonderful cures aro so well known throughout the United States, and because so many people are thankful to him for caving their lives from OPERATIONS lie treats any and all diseases with Sowerful Chinese erbs, roots, buds, bark and vegetables, vnt nri entlrplv nn- -ionp In thla coun- known to """SHfce use of these harm try, and ""Whia famous doctor knows less remedies. Tms dlIerent remedies eACt,v, "successfully used in different that he h"carantees to cure catarrh, diseases. He Brame neumatla ner. asthma. "3? aver, kidneys, female yousnefis stomach. v . H ffl?ot tStlSnEE Charges moderate. Call "csULTATION FREE Patients out of the city write for blank and circular. Inclose stamp. Address THE C. GEE WO CHINESE MEDICINE CO. 253 Alder St., Portland, this paper. Or. Mention Jcott's Santal-Pepsm Capsules POSITIVE GURE For Inflammation or Catarrh of the Bladder and Diseased Kidneys. . No care no pay. Curos quickly and Perma nently the worst eases ot Gonorrhoea and Gleet, no matter of bowlong stand in?. Absolutely harmless. 8old br drnsrrlitg. Prlco 81.C0, or by mail, postpaid, $LC0, 3 boxes; 92.75. V, THI SAMTAL-FEKIM CU., BELLEFOKTAINg. OHIO. XJLUE.DAVI8 DRUG CO., Pact land, Or. A