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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MOKNJJSG - OHEG.OKI AN, TUESDAY, JULY 21, 1008;
' JAXTfftE ; IA1LBD
Lien of Prior Mortgage Not
LAW PRIOR TO 1901 CONSTRUED
PofiftCBsioji of Real Properyby Ten
ant Puts - Intending Pufcenaser
.Upon. Ineinlry a to 'Title
of His Landlord. " ,
Under the lairs In force In this state
prior: to 1001 a tax eale of real prop--erty
did not cut off -the lien of a mort
gage given before the assessment and
levy of taxes.
Jhe possesslon.of a tenant Is sufficient
to pu.t an Intending purchaser of reaf
property jupon inaulry concerning tnat
tenant's interest .and title. If. such an
Intending purchaser falls to make in
quiry, ho is charged with notice of the
title of the tenant -landlord.
SALEM. July 20. (Special.) The Su
preme Court today bended down decisions
In three appealed cases, in each of which
the decision of the lower court was
affirmed. The decisions, in brief, are as
ailddlcton Ti. Victor Land Company.
J. H. MJddleton, respondent, -vs. F. M.
Moore, defendant, and "Victor Land Com
pany, appellant, from MuUnomah County,
Alfred. F. Sears, Jr., "Judge; affirmed.
Opinion by Justice -Wolventon. '
This -was a suit by plaintiff to foreclose
a mortgage. The Victor Land Company
claimed to bc owners of the land by
Virtue of a tax sale which the company
claimed devested the property of "the Hen
of the mortgage. The facts' are. that in
July, 1833, F, M. Moore, being the owner
xf lot 4S. block C, Chcrrydale Addition to
Portland, mortgaged it to one Wiley,
trustee, to secure the payment of four
promissory notes of ?175 each.
in April, 1S97, "Wiley assigned the notes
and mortgage to Mlddleton. Mooro sold
the lot to the Victor Land Company, and '
this ,suit was brought to foreclose the .
mortgage. Tha Land. Company answered
that in 1902, being prior to the time they
received the deed irom Moore, the Sheriff
of Multnomah County executed and deliv
ered to the company a tax deed to the lot
In question in pursuance of a sale for de
linquent state, county, school and Port
of Portland taxes for the year 1S97, and
'city taxes for. 2S98. The lower court
-sustained a demurrer to the defense and -entered"
a decree of foreclosure.
The Issue presented in the Supreme
Court was whether under the law in
lorce In 1S97 and 1898. a tax deed cut off
the Hen of a mortgage executed anterior
to the assessment and levy of the tax for
the non-payment of which the property
was sold. The opinion of the Supreme
Court cites section 2752 of Hill's code, as
amended in 1ES3, and sections 2770, 2794,
2S09 to 2816 and other sections in force in
1897 relating to taxation and tax sales.
It is shown that under the statute the
sale of "real property conveyed to the
purchaser "all the estate or lnteresi there
In of the owner"; that prior to 1864 the
statutes of the state made the tax a lien
upon the property and the Sheriffs tax
Seed conveyed an "absolute title," but In
that year "the Legislature undeniably
Intended to Inaugurate a radical change
In the tax system, by foregoing any lien
for the taxes assessed and selling only the
ertate or interest of the owner, in the
process of the enforcement of the tax.
The same poUcy prevailed until the act of
1901, with which we have nothing to do."
The opinion again says: "By eliminating
the -provision lor a- Hen jand declaring that
the effect -of the sale shall be, not to vest
an absolute "title in fee simple, bf" to .con
vey the estate of Interest of thff owner,
the poUcy of the .Legislature is well in
dicated that .tbf .derivative tltje to the
realty .only is subjected to sale for the
enforcement of delinquent taxes. The
sale and conveyance in the present in
stances, therefore, did not operate to cut
off or deprive plaintiff of his mortgage
. Randall vs. Xing wall.
Bessie Randall et al, respondents,, vs.
C. G. Lingwall, appellant, from Marlon
County, R. P. Boise, Judge; affirmed.
Opinion by Justice Bean.
This -"was a suit to quiet title. The
plaintiffs are the widow and daughter,
of O. P. Randall, who died In 1S98. ' In
1888 O. P. Randall bought the property In
question and soon after conveyed It to' bis
, brother. T. J. Randall, who had his deed
recorded. In 1891 T. J. Randall re-con
veyed the property to O. P. Randall, but
the deed "was not recorded The grantee
took possession and in 1893 leased the
property to G. G. Gans, who continued
in actual possession until the commence
ment of this suit When O. P. Randall
died in 1898, his brother discovered that
the deed to the property had not been
recorded and he immediately claimed title
and demanded that Gans pay the rent to
him. Gans compUed by paying for the
months of March and April in order to
avoid controversy, but without Informing
the representatives of O. P. Randall. In
April, 1B9S, T. J. Randall sold the property
to Lingwall, -who, before purchasing It,
examined the property and saw Gans In
possession but made no Inquiry of him as
to his title- or interest in the property.
In December, 1898, the deed from T. J.
to O. P. Randall -was found and recorded,
Upon this state of facts the Supreme
Court holds that the possession of Gans
was sufficient to put Lingwall upon in
quiry as to his title and interest, which
inqury would presumably have disclosed
the title of O. P. Randall and his repre
sentatives. It is also held that Gans
did not become a tenant of T. J. Randall
by Teason of his having paid rent to mm
for two months, for the reason that he
had not notified the O. P. Randall heirs
of his intention to cease to pay rent to
them, nor had he taken a lease from T.
C C. Cline, respondent, vs. L. J. Shell,
appellant, from Multnomah County, M. C
George, Judge; affirmed. . Opinion by
Chief Justice Moore.
This Was a. suit to foreclose a mechan
ics Hen. On appeal no legal questions
were involved but after a thorough exam
ination of the evidence the decree of the
lower court is affirmed.
PASS OX FOUR CASES.
"Washington, Snprcme Court Gives In
OLT5MPIA, Wash., Julr 20.-(SpeclaL)-i-The-'
Supreme Court today in a decision
lays down the rule that except in cases.
of felony an acquittal for a .minor of
fense Included in a -greater bars 'a pros
eputlon Tbf the greater. V
The case came up from Lincoln Coun
. ty. On August 9, 190L an information was
flled. against P. Durbln. charging, him
with assault and battery on Thomas
Amery. " He--was arrested and "bound oyer
,ior trial, buosequenuya new mrormar
tlon was filed reciting the. same acts.
.but charging him with, an attempt to
commit mayhem. On motion of the Pros
ecuting Attorney the first action -was dls
: missed on" the. ground that ''another
charge had "been placed against the de
Xendorit,' He -was tried unaer the second
charge and convicted -of assault and bat
.ery. Under the raje above given the
Supreme Court reverses the case and
orders the discbarge of the defendant
The Supreme Court today affirmed,
-with slight modifications, the judgment of
the Superior Court of Kittitas County
in the case of Rothchlld Brothers (cor
poration) appellants, vs. Nicholas Rol
Unger and Lena Rolllnger? respondents.
The action was brought by the Rothrhllds
to remove a cloud, quiet title and obtain
possession of certain real estate in the
Middle Kittitas Irrigation district The
title of the Rolllngers consisted of a tax
deed, and the Judgment of the lower court
was In their favor. The decision of the
Supreme Court covers the following
In the organization of an irrigation
district under the law of 1890 less than
SO names to the petition for organization
is sufficient if the number of freehold
ers signing constitute a majprlty of -the
freeholders in the proposed district An
Inadequate price for the lands does not
Invalidate a . tax sale if the sale was
properly advertised. The only modifica
tion of the decree of the trial court
is in the giving of a Hen against the
land for the sum of $1011.64 In favor of the
Rothchilds for taxes paid on the land by
them for the year 1S99.
Through a decision handed down by the
Supreme Court today the two years term
imposed upon Matt Snider by the Superior
Court of Skagit County Is reduced to a
term In the county jail. Matt Snider and
one Julius Snider were jointly tried under
an information charging them with as
sault with Intent'to kill one Alexander
Brown. The verdict of the jury was as
"We, the Jury impaneled to try the
above entitled cause, say that we find
defendant Matt Snider guilty STthe crime
of assault with a deadly weapon, and
that we find the defendant, Julius Snider,
guilty of assault and battery."
louder the laws of this state assault
and battery is a misdemeanor; assault
with Intent to kill Is a felony punishable
by Imprisonment from 1 to It years, and
assault -with Intent to commit great bod
ily harm is punishable by imprisonment
for not more than two years or a fine of
not more than $5000, or both. Under the
verdict above given Matt Snider was sen
tenced to two years in the penitentiary.
The Supreme Court says there Is no
such offense named in the statutes of
this state as "assault with a deadly
weapon," that the language of, the verdict
is what must be construed by the court
and -in this case it can only be con
strued that the word's of the verdict
"with a deadly weapon." are surplusage.
and that the defendant is convicted of
simple assault The case is reversed with
instruction to the lower court to so mod
ify the judgment
The Supreme Court today declared the
section of the criminal code of 1881, im
posing the obligation upon the putative
father to support his illegitimate child, on
The Territorial Legislature, of 18SL as a
part of the general penal code, passed an
act entitled, "An act relative to crimes
and punishments and proceedings In
criminal cases," and the sections above
mentioned are contained in this act, as
sections 1214 to 122L These sections pro
vide that an action may be commenced
against the putative father by filing a
complaint Defendant Is then brought In
by service of summons In the usual
method, and the Issue Is tried as an ordi
nary civil action. If the accused is
found guilty judgment Is entered charg
ing him with the support of the child in
such sum as the court shall direct, which
is collected by execution Issued by
the clerk. There Is no arrest fine.
or punishment and the Supreme Court
therefore declares the action to be a .civil
one, and that It was not competent for
the Legislature, under the title chosen for
the act, to Include anything but what re
lated to crimes and their punishment
Without such an act In force there is
no law in this state, says the court to
compel the support of an iUegltimate child
by the father. The case comes up from
bKagit county ana is entitled State of
Washington, respondent vs. Peter Tie-.
D'UXSMUIIt. LOSES TWO POIXTS.
Suit to Break Brother's Will Goes
Over Until December.
VICTORIA, B. C, July 20. The full
court gave judgment today on the appeal
in the case of Hopper vs. Dunsmuir, a
side issue in the famous case brought by
Edna Wallace Hopper against James
Dunsmuir, seeking to break the will of
the millionaire's brother, allowing the ap
peal with costs, and ordering the defend
ant to make full answer to all the ques
tions objected to.
As there is little chance of the prelim
inary questions being settled by October,
in view of this decision, the court or
dered the trial to be further adjourned
until the December sitting. A further ap
peal was then argued in the same case.
the plaintiff appealing from the order of
Justice Drake on the application for a
better affidavit of documents from the
defendant This appeal was also allowed
in favor of plaintiff with costs, Mr.
Dunsmuir being ordered to make full
disclosures of all documents In his pos
session relating to the suit in any way.
WORKED EMPLOYES LOXG HOURS.
Seattle Department Store Manager is
OLTMPIAl Wash., July 20. State Labor
Commissioner William Blackman returned
Saturday from Seattle, where he placed
under arrest Manager Buchanan, of the
Bon Marche department store, on a
charge of violating the ten-hourrday law
of the state. The case was kept quiet In
Seattle, but will be heard there today,
Commissioner Blackman appearing for
The Commissioner says he has wit
nesses to prove that since July 3 -the Bon
Marche has been compelling its employes
to worK from 7:55 A. M. to 10 P. M.. with
only V& hours at noon, in direct violation
of the law which prohibits the employ
ment of such labor over ten hours per
day. Employers violating such law are
subject to prosecution, and upon convic
tion a fine of not less than 510 nor more
COOS BAY CLAM IXDUSTRY.
Product Has a "Wide Dlstributioa on
MARSHFIELD, Or., July 20. (Special.)
The Coos Bay Clam Company, under
the management of F. S. Dow, Is becom
ing quite a factor among the industries
of the bay. The clams are packed In
square cans and frozen. It is claimed
that freezing improves the flavor. Up
wards of BOO cases have already been
shipped to Wells, Fargo & Co., at San
Francisco, who act as : distributers for
California, Arizona, Nevada and New
The company also puts up clam juice
in cans, which Is packed on Ice for ship
ment The industry as yet Is In its in
fancy, but the increasing demand Indi
cates that the future will show great
Heavy Loss to .Touchet Farmer.
PENDLETON, Or.". July 20. The barn,
a stack of headings and a number of
farm Implements belonging to Edward
Ketcherside, a farmer residing a short
distance east of Touchet Wash., were de
stroyed by fire Saturday evening. 'The
loss ' means .several hundred dollars,
without any Insurance. It Is believed the
fire was started by some of the heading
crew -carelessly dropping some matches.
Attorney-General Will Xot Object.
SALEM, July 20. (Special.) Attorney
General Crawford, upon whom notice was
served In the matter of tho application
of Henry St Rayner for reinstatement
as an attorney in the courts of -this state,
says that b.e will offer no objection to tha
granting of the application.
Thirteen Heirs to Gray Estate.
EUGENE, Or., July 20. (Special) Let
ters of administration were filed In the
office of the County Clerk showing the
estate of the late Isaac Gray to be $3555.
There are 13 heirs.
FATAL NOME HOTEL FIRE
COOK POURED COAI OIL OX SMOUL
Three People Lost Their Lives, In
cluding: a Millionaire Contractor
SEATTLE, Wash., ' July 20. A special
via steamer Meteor from Nome this
morning says: '
Nearly a block of charred and black
ened ruins mark the site of what were
the Golden Gate Hotel and adjacent
buildings, and the public today has been
curiously watching the operation of tho
sluicing of the embers for the gold, dust
and coin that were lost In the fire. Mare
painful finds, however, have been the re
mains of three human victims, Mr. and
Mrs. R. M. Hayes and Sherman Grigg,
all connected with the Nome Exploration
Company. Mr. Hayes was a prominent
millionaire pipe contractor from Pltts-
The Late Mrs. B. A. Stnfford.
burg. Pa., who had come here to lay the
exploration company's oil pipe line, and
Mr. Grlgg was hl3 assistant
The fire broke out at 5 A. M. on Sunday
morning, July 5, when nearly all the
guests were In their beds, after having
celebrated the Fourth by a ball at the
Golden Gate Hotel. The second cook, E.
R. Burr, came down shortly before 5
o'clock, late for his work and still stupid
from the effects of the Fourth of July
celebration. To expedite matters, he took
a can of coal oil, poured out half a baking-powder
can of the oil, and threw It on
the smouldering fire. There was an al
most Immediate explosion, and the whole
can of coal oil was scattered over tho
floor. Burr made matters worse by throw
ing water on the flames. Then he fled.
The fire followed him almost as rapidly
as he advanced toward the front of the
building. Harvey .Edglngton, the night
clerk, rushed to turn In an alarm, and
then hurried down the corridors to
awaken the guests. The progress of the
flro was so rapid, however, that In an in
conceivably short time the whole lower
floor .was a sheet of fire, and the flames
belched across Second street and licked
the old A. E. messhouse, directly oppo
site. The Golden Gate Hotel was a big three
story structure, a regular death-trap, with
no Are escapes or emergency exits, and
it burned like a tinder-box. Nomo's ex- i
cellent fire department was soon on the
scene of action, and the work of rescue
began. Ropes and ladders were thrown !
to the windows, and hastily awakened
guests, in every degree of dishabille, de
scended, for it was only those who re
ceived the earliest warning who were able
to effect their exit by the corridor. So
swiftly had the hotel become a fiery fur
nace that the chemical engine was use
less by the time it arrived, although It
had responded promptly to the call. Three
hose pipes were soon playing on tho fire.
and, though for a time it looked as if '
the wind would fan the blaze to the whole
town, the damage was finally reduced to
the area of a block west of the Golden
Gate and several small buildings oppo
site. For a time tho postofilce, next to
thq hotel, on the east was In grave dan
ger, and tho Recorder's office, across the
street was also on fire, but these build
ings escaped with charred walls and roofs.
Mr. and Mrs. Hayes were on the third
floor, and it Is supposed that, having
found the corridor a mass of fire, they
returned to their room and were suffo
cated. Their remains have been recov
ered, as have also those of Sherman D.
Grlgg. The hotel register was burned,
and It Is therefore - Impossible to say
positively whether there were other vic
tims. Tho hotel was crowded, and many
of. the guests were strangers here. Fred
Edglngton awoke to And himself In an
attic, cut off by Are. He reached a win
dow and jumped to the ground, breaking
his thigh in a terrible manner.
Daggett & Harris, proprietors of the
hotel, estimate their loss at $50,000. Vari
ous business houses had warehouses In
the vicinity, which were badly damaged,
and these losses, with those of the guests,
make the total loss aggregate nearly
The cook. Burr, has been held for man
slaughter, as a result of the Coroner's In
quest PACIFIC COAST DEAD.
Oregon Sanders. '
SAN JOSE, CaL, July 20. Oregon San
ders, a leading attorney of Fresno, and
one of the prominent Republican politi
cians of the state, died in this city yes
terday. He was familiarly known as the
"Spellbinder fromv the Rosin Belt" a
title given him in fun on account of his
most able oratory. He was a natural ora
tor, gifted beyond the ordinary mark,
finely educated, and with a native talent
that won him attention.
For four years he was District Attor
ney of Tulare County, and subsequent
four years he served In the state's employ
under Attorney-General Hart He was
but 51 years of age.
Miss Agrnes Kurtz.
SALEM, Or., July 20. (Special.) Miss
Agnes Kurtz died at tho home of her pa
rents in this city last night aged 32 years.
Deceased was a daughter of Mr.-and Mrs.
A. B. Kurtz, and has lived In this vicin
ity for the past 14 years. Besides her
parents, she left tha following brothers
and sisters: Elija, Clinton, Fred and
Hannah Kurtz, of Salem; H. A. Kurtz,
of Oakland, Cal.,' and J. M. Kurtz, of
Logan, Neb. Miss Kurtz suffered a se
vere attack of typhoid about, three months
ago, and her death was due to a com
plication of diseases growing out of her
John W. Ilonrke.
SAN FRANCISCO, July 20. The death
is announced of John W. Rourke at his
residence In this city of heart disease.
For over SO years he had been connected
with the Bank of California, latterly as
accountant At the time of his death he
was the third or fourth oldest banker In
.the city in point of service and was known
not only to almost every business man
la the city but all along the Pacific Coast
Llaemea Strikers Are Firm.
SAN FRANCISCO, July 20. Secretary
J F. H. A. Holden, oi the Western Confer-
ence- of Electrical Workers, sent out a
statement today' to all the Coast electrical
workers unions relative to conditions in
the linemen's strike. He says:
"Reports from locals all over the Pa
cific Coast show gains In our favor. Out
of the whole number of union men out on
strike, estimated at about 1500, we have
not had over ten men desert, us and re
turn to work since July 23."
RAX CHER'S BODY KOUXD.
Yamhill Farmer Had Dees Dead Sev
MMINNVILLE, Or., July 20. James EL
Rummel, a bachelor, who recently came
to this city from Idaho, was found dead
on his ranch eight miles southwest of
this place, on Saturday. The body was,
found by Hiram Rummel, a brother, who
went out to visit him from this city. The
body was found lying face downward,
with hands under the body, and was In
an advanced state of decomposition, hav
ing been exposed to the hot sun at least
Rummel was seen on his place as late
as Thursday. At first a theory of mur
der was entertained, as he was known to
be a man of means, but the finding of
over $50 on his person at the inquest held
ALBANY, Or., July 20. (Special.)
Mrs. Mary Jane Thompson, who
died at her home In this city July
16, was born February 11. 1852, in
Newton County, Missouri. tho
daughter of Mercer Thompson. That
year her parents crossed the plain
to Oregon, settling near Roberts
Bridge.- In this county. She was
married November 3, 1S73, to B, a.
Stafford, who, with two daughters,
Mrs. Dr. Tllton. of Ashland, and
Mrs. E. L. Case, of this city, sur
vive her. Her brothers and sisters
were A. L. Thompson, of TVater
vllle, "Wash.; L. li. Thompson, of
Shedd; George L. Thompson, of
Albany: H. L. Thompson, of Ed
wall, Wash.; Mrs. Taylor, of Monte
sano. Wash., and Mrs. Alice Bou
lln, of Portland.
She united with the M. E. Church
when '8 years of age, and was al
ways a faithful and consistent
member, living an unselfish life, not
only In her beautiful home, but
among her neighbors, beloved by
all fortunate In knowing her. Her
life was a useful one. and she .will
long be remembered for her many
acts of lovo and kindness,
by the Coroner Saturday night, and the
entire absence of wounds, dispelled this
suspicion. The verdict was that he died
from natural causes. He had experienced
heart trouble and rheumatism. Jus,t prior
to his death ho' was engaged In burning
brush, and when found was lying where
the fire had passed over, though he was
not burned. He was 72 years of age, and
had been engaged in mining" since 1S65 In
Idaho,' Washington, Oregon, and Alaska.
His latest operations wero near Pierce
SALEM XO PLACE FOR THUGS.
Suspicious-Appearing: Strangers Xot
Allovrcd to Remain.
SALEM, Or., July 20. (Special.) If the
activity of Portland police should result
in tho criminals being driven out of that
city, the seekeers for pastures green will
find Salem no place of rest It la the pel
icy of Chief of Police Gibson not to per
mit strangers with no employment and no
visible means of support to stay in the
It is a presumption with him that an idle
man with no apparent means of gaining an
honest livelihood, makes his living dishon
estly. HTa instructions to the local police
officers are that when susplclous-looklng
characters are seen hanging around town
Inquiry shall be made of them as to their
business here and the place from which
tney came, and it the strangers cannot
give a satisfactory account of themselves
they aro told to "move on." In nearly
every instance they comply with thla
gentle hint for If they do not they are
locked Up as vagrants.
Occasionally there have been hold-ups
In Salem, though it has been pretty satis
factorily shown that many of the reports
of robberies were false. It Is by constant
watching for suspicious characters and
prompt action In driving them out of the
city that Salem has become known as a
law-abiding city which can be guarded by
a small police force.
SALEM'S POPULAR LOAX.
Bonds "Will Be Issued- In Small
Amounts and Sold to the People.
SALEM, Or., , July 20. (Special.) Pro
ceedings are pending for a new bond Issue
In this city on the popular plan which
met with so much favor three years ago.
Existing bonds to the amount of $30,000
are due, and a new Issue will be necessary
as the city Is not able to pay them. The
bonds drew 5 per cent Interest, and were
held by San Francisco Investors.. Nearly
two years ago Banker X. Bush paid off
the bonds for the city and held them until
such time as a new lBsue could be effected
He receives 4 per cent interest The new
bonds will be In small amounts, and they
will be sold to small Investors, so that
residents of Salem who have savings they
wish to Invest will be able to buy them.
When the last Issue was made the city
was offered a premium for the bonds If
sold in a block. The offer was refused,
the Council preferring to have the bonds
owned and held by residents and taxpay
ers of Salem. That plan of making a loan
proved to be very popular with the people,
BICYCLE WAR IX SALEM.
Wheelmen Will Protest Against the
Passage of Stringent Ordinance.
SALEM, Or., July 20. (Special.) A very
lively meeting of the Salem City Coun
clL is expected to take place at the City
Hall tomorrow evening. The new anti
bicycle ordinance will come up for final
passage, and a number of bicycle-riders
win be present to protest against it
The proposed ordinance provides, among
other things, that pedestrians have the
right to all sidewalks" and that no bicyclist
shall attempt to pass a pedestrian on tho
sidewalk without first securing express
permission. The ordinance also extends
the limits of the territory in which bi
cycles are excluded from the sidewalks
entirely, and makes other regulations that
wUl greatly reduce the usefulness of the
wheel as- a means of getting about the
The wheelmen contend that the present
ordinance Is sufficient if it be enforced
so as to punish the few riders who vio
Injuries to Lane County Men.
EUGENE, Or., July 20. (Special.) J,
Taylor, of Hale, was brought to Eugene
today for treatment having fallen from
a bridge on which be was working and
received serious Injuries.
A man named Vincent while running a
mower, nearly lost his hand near Eugene
today. He was fixing the sickle, when
the horses started, and his hand was ter
ribly cut and mangled.
Appointed on Medical Board.
OLYMPIA, Wash.; July 20. (Speclal.)-
The Governor today appointed Dr. Casper
W. Sharpless, of Seattle, a member of the
State Medical Examining Board for the
term ending May 22, 1906. vice Dr, W. Cr
Cox, of Everett term expired.
Olympla Pioneer's Fatal Fall.
OLYMPIA, Wash., July 20. G. A.
Barnes, one of the oldest and most dls
tingulshed .pioneers of the city, Is lying
In a acrldus condition as the result of a
fall from a ladder. He Is 2 years of
age, and located here In 1S52. For 40
years he has resided on the homestead In
which he now lie in a critical condition.
TEN YEARS THE SENTENCE
PERJURERS SMITH AXD LAXE SEN
TENCED AT ASTORIA.
Broken Kneecap Man and His Con
federate Are to Be Taken to Sa- .
lent Pealtentlary Today.
ASTORIA. Or.. July 20. Joslah S. Smith,
alias John -R. Rodcers. and John Lane,
alias Charles R. Lane, alias John L. Bock,
alias John EL B. Myers, alias John An
derson, were this afternoon sentenced by
Judgo McBrlde. of the Circuit Court, to
serve ten years each In the penitentiary.
They are the men who committed perjury
In the case of John L. Bock vs. tne wty
The suit was to recover .$5000 damages
for injuries to Bock's right kneecap,
which was alleged to have been broken by
falling through a hole in the street in
this city. A verdict of $2500.50 was ob
tained on the second trial, but before the
judgment was paid the two men were ar
rested In California, where they live, ana
charged' with perjury. On Saturday night
Smith was convicted and an about an
hour later Lane pleaded guilty.
Lane was brought Into court promptly
at 2 o'clock this afternoon, and when
questioned said he had no statement to
make. In sentencing him the court said
"The crime to which- you have confessed
Is a most grave one. To testify falsely
In a court, thereby misleading the court
and. the Jury. Is a heinous crime, as It
violates the sanctity of our .tribunals of
Justice. You aro guilty of this crime In
its highest degree, for you have commit
ted perjury for the purpose of gain. It
appears also that you have been traveling
about the country for years making
claims for damages for alleged injuries to
your broken leg. I believe the case war
rants a heavy punishment and shall, in
flict the highest penalty allowed by the
law; therefore, I sentence you to serve a
term of ten years In the penitentiary."
Lane was immediately taken back to
Jail and Smith was brought In. Attorney
Noland presented a petition for a new
trial on the grounds of insufficient evi
dence to warrant a conviction, error in
the rulings of the court, the failure of the
court to grant a change of venue and be
cause from the charge of the court it did
not appear that Astoria was a municipal
corporation. He also presented a motion
asking for a rest of judgment because
the facts stated In the information do not
constitute a crime.
Both motions were overruled without
Attorney Donovan then made a plea for
clemency, reciting the previous good
character of the defendant telling of the
trouble he had had In losing all his prop
erty, of bis extreme age and the serious
illness of his wife. Smith, when asked If
he had any thing to say, replied:
"I don't believe I have. I will leave It
all to you. Judge."
The court then proceeded to pronounce
judgment, saying In part:
"The remarks I made In the other case
apply equally to this one. This defend
ant testified In thl3 court that Bock broke
his leg In Astoria, and thus aided In se
curing the verdict of the jury allowing
damages. It also appears that wherever
Lane has gone this defendant has been
to aid him. They came here first for the
express purpose of laying the foundation
for their claim. They also went to Port
land and Seattle for a similar purpose,
and at San Francisco they beat a poor
woman out of a large sum. When I am
appealed to for sympathy In this case.
my mind reverts back to the time these
men went to see that aged lady in San
Francisco, Lane shedding crocodile tears
over his misfortune and Smith standing
by to plead his cause until they- pre
vailed upon her; out of pure sympathy.
10 give mem ner note tor xjw. The de
fendant Is not an ignorant man. He
knows the law and the consequences of
violating It Whatever trouble he is In
he has brought upon himself. I shall
Impose the same penalty in his case, and
sentence him to serve ten years In the
Smith smiled and repUed: "Thank you."
The defense was allowed 60 days in
which to file a bill of exceptions. The
two prisoners will be taken to Salem by
Sheriff Llnvllle tomorrow.
Couri Adjourned at Astoria.
ASTORIA, Or., July 2a (Special.)
Judge McBrlde adjourned the session of
the Circuit Court this evening. The argu
ment of the Injunction case of E. D.
Brooks vs. H. B. Parker goes over until
the next term, but the Injunction suit of
the O. R. & N. Company vs. James Welch
regarding possession of certain property
adjacent to the company's wharf In this
city will be argued before Judge McBrlde
in Portland at some date to be agreed
upon by the Interested parties.
Customs Launch Inspected.
ASTORLS., Or., July 20. (Special.) Cap
tain Hamblet, of the United States reve
nue cutter service, arrived In the city from
San Francisco last evening to Inspect the
new launch being built at the Leathers
yards for the local customs department.
After completing his examination this
morning he said the work would be ap
proved. As soon as the machinery Is in
stalled In the vessel she will be inspected
by another officer of the revenue cutter
Alaska Lumber Contract.
ASTORIA, Or., July 20. (Special.) The
Astoria Box Company has received a con
tract for furnishing 250,000 feet of lumber
for the Lighthouse Department It will
be sent to Tree Point, Alaska, on the
steamer Homer and will be used In the
construction of lighthouses.
Stealing Salmon From Traps.
ASTORLV, Or., July 20. (Special.)
Fishtrap pirates are reported to be at
work in Baker's Bay. At an early hour
yesterday morning two of the outside
traps In front of Chinook were lifted and
a large quantity of salmon stolen.
FOREST FIRE XEAR SEATTLE.
Warden Arrests Man Jtor Starting? the
SEATTLE, Wash., July 20. A big fire
Is raging in the forest two miles north
of Woodinvllle. Urged on by the steady
north wind, the flames are rapidly spread
ing and moving southward. The trees
and brush are dry, and wherever a flying
spark finds lodgment a new blaze is
quickly started. ' (
So far no damage has been done to
property save the timber. The flames
have been working mostly through logged
off lands, and tonight are not near enough
to any human habitation to cause uneasi
ness. Fire Warden Reed arrested J. G. Smith
at Woodinvllle tonight on the charge of
starting a fire. The warden says he
caught Smith In the act of setting flro to
the brush on section 33. Smith owns tho
land on which he Is accused of starting a
Tho warden, as soon as he arrived here,
engaged 20 men to fight the fires and three
'men with teams to haul water. He ex
presses the belief that he can get the fire
GREAT WORK WITH BIG GUNS.
Coast Artillery at Fort Worden
Makes a Record.
PORT TOWNSHND, Wash., July 20. The
One Hundred and Twenty-sixth Company,
Coast, Artillery, In recent practice with
ten-Inch guns fired at two-minute Inter
vals last week, established a new record
In the United States Army for such target
work, scoring 4 of a possible Ave, beat
ing the former record of 4 out of 5, held
by the Seventy-fourth Company at San
Diego. The recprd Is remarkable In the
fact that It was 'accomplished during the
second time the guns at Fort Worden saw
service, and has won compliments for
Captain Manus McCIoskey, under whose
personal supervision practice was held.
Captain Clarence Deems, after 39 years
continuous service, in the Army, has been
advised of his promotion to the rank of
Major. Captain Deems now Is senior
officer at Fort Worden, commanding the
Sixty-second Company, Coast Artillery.
SHOT FROM THE DARKNESS. j
Il-tvaco Saloonkeeper is Wounded in .
ILWACO. Wash., July 20. (Special.) '
William Black, saloonkeeper, was shot
this evening, and serious vdoubts are felt
as to his recovery. The bullet took ef
fect In his abdomen. There lsan unex
plained mystery about the affair.
Black was closing up his place for the
night, when, he says, he was called to
tho window by a man whom he recog
nized, who fired at him, wounding him,
and escaped In the darkness. The wound
ed man gave the name of his assailant
to the officers, but none of the men hav
ing knowledge will disclose the shooter's
Identity. Black wUl not say what rea
son. If any, there was for the crime. i
Federal Court Must Try.
SAN FRANCISCO. July 20.-Judge
Beatty, of the United States Circuit
Court, today handed down an opinion
denying the "petition of tho American
National Bank to have Its suit against
Henry Wadsworth, as receiver for the
Pacific Coast Warehouse Company, re
manded to the state courts. Wadsworth
Is also receiver foEppInger & Co., who
control the warehouse company.
The Judge maintained that since Wads
worth had been appointed receiver for th'
Pacific Coast Warehouse Company by
the United States District Court he was a
Federal officer. For that reason the
state courts would be without Jurisdiction.
The suit Is one on the part of the bank
to recover certain grain seized by Wads
worth as receiver. The grain was being
removed from the Port Costa warehouse
at the time of the seizure.
Candidates tor West Point.
WALLA WALLA, Wash.. July 20. (Spe
cial.) Examinations, mental and physical,
for Senator Ankeny's cadetshlp nomina
tion V3 West Point were held at Whit
man College "today, with seven candi
datesRudolph Rupp, John K. Paxton and
George Gray, of Walla Walla: Chauncey
Wernecke, of Seattle, and C. H. Hartson,
Guy Steinbaugh and Leland L. Deffen
baugh, of Spokane.
All passed .the physical tests, which
were very rigid, successfully. The win
ner In the mental branches will get tho
appointment subject to further tests at
Ncvr Quarters for Nam pa Leader.
NAMPA, Idaho, July 20. (Special.)
Today E. H. Dewey contracted with the
Nampa Leader Company to erect a two-
story brick building for the paper's use
here, to bo completed this Fall. Modern
machinery will be Installed by the Leader,
Including one new typesetting machine,
and In the Spring a dally edition of the
paper will bo launched. The Nampa
Leader is one of the oldest weeklies In
Southern Idaho, having survived the or
deals known only to a pioneer newspaper.
Clatskanie-Mlst Road Surveyed.
ST. HELENS, Or., July 20.-(Speclal.)
The survey has been completed for a
new location of the wagon road between
Clatskanle and Mist The new road will
be built on a 6 per cent grade, making
an easy ascent up this side of the moun
tain. Money is being subscribed to make
the improvement, and the work will be
Anlshed at an early date. The improve
ment will be an Important one, as this
road Is the only outlet by which a num
ber of shingle and sawmills in the Lower
Nehalein get their products to tho rail
road. Put In His Hay -on Sunday.
ST. HELENS. Or., July 20. (Special.)
Tho hay crop of Columbia County Is a
large quantity this season, but now that
the weather Is favorable for harvesting
there appears to be a dearth of laborers.
In consequence, the farmers are han
dling the crop under difficulties. One
man at Warren managed to get a good
part of his hay crop under shelter by
securing hands, who were employed else
where on week days, by putting In some
lonff hours on Sunday.
Corvallia Votes for a Schoolhouse,
CORVALLIS, Or., July 20. (Special.)
The school district that consists of Cor
vallis and vicinity voted ln a bond elec
tion today for an Issue of $S000 of school
bonds for the purchase of a block of
ground and the erection of a needed
building.. The vote was nearly five to
one in favor of the issue. One depart
ment of the school has been conducted in
an old church building for the past two
Professor Angell Gives Up Classes.
BERKELEY, Cal., July 20. Professor
James R. Angell, assistant professor of
experimental psychology In the Univer
sity of Chicago, who has been giving two
courses in philosophy In the Summer ses
sion of the University of California, was
obliged to return to his home In Chi
cago on account of ill health, and his
work Is being completed by Professor
George M. Stratton, the regular professor
of psychology In the university.
Odcll in San Francisco.
SAN FRANCISCO, July 20.-Governor
Odell, of New York, and his party spent
today In sightseeing. Mayor Schmitz
waited on the Governor this morning
and made him and his friends the city's
guests for the day. Governor Odell and
his party will leave San Francisco to
morrow evening, going from here to Yel
Fell From a Load of Hay.
ALBANY, Or., July 20. (Special.) Hen
ry Dlttmer, a farmer residing near Al
bany, was quite severely injured today
while hauling hay. Dlttmer was working
on top of the load, when he slipped and
fell to the barn Aoor below, striking on
his head and shoulder. His Injuries were
painful, bones In the wrist being broken.
Seattle Fixes Circus License.
SEATTLE, Wash., July 20. (Special.)
The Council tonight Axed Rlngllng Bros.
license at $500 per day. The circus is
here two days.
Drank Bnttery Fluid.
Abel Uglow, a prominent citizen and
capitalist of Dallas, took poison by acci
dent last Friday. Mr. Uglow went into
the drug store of Belt & Cherrington and
took from the shelf what he supposed
to be port wine, but what wa3 In reality
a jar containing battery Auld. He poured
out a goodly portion and swallowed con
siderable of It before he was made aware
of his mistake by the terrible burning of
No one was present In the store at the
time except the telephone operator In
the next room, who heard him making
distressed complaint, and went to his as
sistance. Mr. Cherrington was telephoned
to, and asked the contents of the jar. He
answered that it was poison, and told the
operator to give immediately lime water.
This wa3 done, and Mr. Uglow Is now
much better. He will recover.
Edith Wast So Hungry.
At a dance at Long Creek the other
night Miss Edith Ivy got hungry before
supper was ready and forced herself into
the kltcheA. The landlady protested and
Miss Ivy twined her Angers Into the hair
of Mrs. Bly and over and over on the
Aoor they rolled, biting and scratching
and kicking. Edith put up a $300 bond
as a guarantee that she would explain to
tho Circuit Court how it happened.
cIf eyes were
for seeing, o
Then beauty is its own
excuse for being "
No excuse is needed for the
beauty residing in
for it is beauty of
the very highest order,
based as it is on the
basic principles of true
Decorative Art. Un
derlying all the Gor
ham productions is
sincerity of purpose,
absence of meretricious
soundness of workman
ship. That is why for
three generations it has
held the esteem of peo
ple of taste.
Taking the Radways Heady Relief la -water
will In a few momenta euro Cramps, Spasms,
Sour Stomach. Nausea, Heartburn. Malarial
Fevers, Sick Headache, Colic, Flatulency ana
all Internal Pains.
Externally for Rheumatism, Neuralgia, Sci
atica, Sprains. Bruises. Mosquito Bites, Stings
of Insects. Sunburns, Bums, Toothache, Head
ache, Pains la the Back, the application, of
to the uart or parts affected will Instantly
relieve and soon cure the sufferer of these
complaints. Sold by all drugglatB.
RAD WAY & CO., New York.
EVERY WALK IN
Portland Xitizens Appre
ciate "The Little x
Every class of citizens has sick kidneys.
The busy business man rushing through
life on the run falls to realize the con
stant strain he dally puts upon the kid
neys. The mechanic forced to asaunn
unnatural positions, stooping and strain,
lng at his work, does not know that hi(
backache Is simply kidney ache. Thi
clera. on feet continually leaning ovel
a counter or dc&k; railroaders, conductors,
engineers, street-car men subject to con
nt, ,jarrlDy nave backache from
tbe kidneys. Don't neglect a bad back.
A lame, weak or aching back, if neg
lected means future trouble kidney trou
ble, urinary troubled Doan's Kidney Pills
cure every form of kidney 111. cure a bad
back and make sick kidneys welL Doan'a
Klcney Pills are Indorsed by people you
nw Read what a Portland citizen saysr
T. W. Shankland, who is a Btreet-caf
conductor on the Woodstock street-ca
line, residing at 710 Ellsworth street, says:
"Some time last Fall I began having con
siderable trouble and annoyance from a
dull, aching pain in the back over tha
kidneys. I think it was caused from tha
constant shaking and jarring of the car.
I thought at first it would disappear aa
quickly as it came, but this was not tha
case. Learning of Doan's Kidney Pills
I procured a box at the Laue-Davta Drug
Company's store, comer of Yamhill and
Third streets, andv took them according
to directions. The result was entirely sat
isfactory. The backache grew less and
leas and soon disappeared, and, as far as
I can tell, It has gone for good jfor there
have been no symptoms of a recurrence."
For sale by all dealers. Price, 50c.
Mailed by Fo3ter-AIilburn Co., Buffalo.
N. Y., sole agents for the United States.
Kemember the name, Doan's, and frg
C. GEE WO
The Great Chinese Doctor
is called great be
cause his wonderful
cures are so well
the United States.
&nd because so many
people are thankful
to him for caving
their lives from
lie treats any and
all diseases with.
erbs. roots, buds,
bark and vegetables,
that are entirely un-
vbi.vj.-r science m this coun
Vnrtt0tho1?isftne nse of these harm
try, and Jhrourt uo doctor knows
less remedies. 7TW Qlfferent remedlea
fthVLSceSsfully used In different
S1?.1 H aVantees to cure catarrh.
2?fci5n ldntr roubles, rheumatism, nex
astbma, lung trouo . kianeys. femala
yousness. stomacn. 's, Hu
creds'of atestImonFalZ Charges moderate.
Can -"statION 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, Or. Mention
Jcotfs Santal-Pepsin Capsules
For Inflammation cr Catarrh
of the Bladder and Diseased
Kidneys. 2To core so pay.
Cares quickly and Perma
nently the irorat cases of
Gonorrhoea and Gleet,
no matterof how longstand
ing. Absolutely harmless.
Sold by druggists. Prico
II. CO, or by mall, postpaid,
L00 , S boxes j $2.75. a?
THE SAHTAI'PEPSIH Cu,
BELL.EFONTAINE, OHIO. '
XdkUK-DAYIS DSLUQ CO Frtlaaa, Or,
UlctUC I 3
m STESUNO keep it j
i i I i 11