THE MORNItfG OBEGO'NIAN, WEDNESDAY, JULY 22, 1903.
VERY EA8YT0 BUILD
Engineer '-HammoncTReports
on Portage Road Project.
'February would see fihish
Plans and Specification Ordered
' Spared So That Bids May Be
Made Right ot War Affects
Property of the O. R. & If.
6ALEM, July 2L (Special.) According
to the report of Civil Engineer A- E.
Hammond, who made the preliminary
survey, the outlook is' very good for the
early construction and completion of the
Portage railroad from the Dalles to Celllo.
After his report had been made today, the
board directed that he proceed Immedi
ately to secure rights of way and to pre
pare plans and specifications upon which
bite may be made. The specifications
will be completed about September 1 and
the board will advertise for ten days for
"bids for the work and materials. If a
satisfactory bid Is received on September
10. and a contract then made. It Is Mr.
Hammond's opinion that the road- will be
completed and in operation by the middle
of January or the first of February.
But there are several conditions upon
this estimate of time. One of them reaches
farther than to the question of time,- for
if no bid is recelVed at an amount within
the appropriation, $1C5,000. the whole mat
ter must be laid over and reported to the
next Legislature. The engineer is con
fident that the road can be constructed
within the appropriation.
Another -condition which affects the time
of the completion of the road Is the possi
ble difficulty in obtaining rights of way.
Mr. Hammond told the Board today that
the property-owners along the course of
the road seem anxious that the road shall
be built, arid he anticipates no difficulty
"whatever In securing grants of rights of
way. Only five property-owners are af
fected. They are Seufert Brothers, L H.
Taft, Dalles Packing Company, "William
Michell and The Oregon Railway & Navi
gation Company.
The course of the road must be along
the Columbia River between the river
and the O. R. & N. tracks. At several
points the road will encroach upon the O.
H. & N. right of way. To what extent It
will thus encroach Is not yet known.
Mr. Hammond made-a. request of the O.
B. & N. officials that they give him the
boundaries of their right of way but they
.replied that for reasons which could not
be explained they must decline to give the
information. This may be an indication
of an intention to hinder the progress of
the building of the road and it may not.
In speaking of the matter, members of
the Board concluded that in case It be
comes necessary to bring condemnation
proceedings the litigation will not be long,
lor the courts are not behind in their
work and issues can be quickly tried. The
board hopes, however, that no litigation
will be necessary, for trouble of that kind
would result In needless delay.
The road will be eight and a half miles
long. None of the cuts and fills present
extraordinary difficulties, though some of
the cuts are through solid TOck.-y Material
for the fills, where It cannot be obtained
from cuts, can be secured from the gravel
bars In the river. In laying out the pre
liminary lines Mr. Hammond was able to
avoid most of the 'places where trouble
might be caused by drifting sand
After discussing the matter informally
today, the Board directed Mr. Hammond
to prepare the plans and specifications so
that the work can be segregated if de
sired. That Is, bids will be received for
furnishing the work and materials as a
whole, and for furnishing different parts
of each. Bids will be received upon spe
arate sections of the roadbed, and upon
each class of materials, such as rolling
stock, lumber, ties, rails, etc By this
means the board will be able to ascertain
which plan can be adopted with greatest
advantage to the state.
Mr. Hammond prefers that the whole
contract be let to one person or com
pany, but the contract will be segregated
if a material saving can be made thereby.
: f
LUMBER MILL OF SEWBERG.
Offer Made by the Spauldlng- Lumber
Company.
' NBWBERG, Or.. July 2L-Speclal.)
citizens of Newberg are just now greatly
Interested In a proposition lately made
by the C. K. Spauldlng Logging Company,
of this place. Paid-up stock to the amount
of 5150,000 has recently been added to -the
company by H. L. Plttock. of Portland,
and others, and It Is arranging to put up
somewhere a largo new lumber mllL
The company proposes that If the citi
zens of Newberg will give them an open
switch to their location on the river, It
will put in a- mill here of 100.000 feet per
day sawing capacity. At an enthusiastic
public meeting of. the Newberg Board of
Trade, held In the I. O. O. F. Hall last
evening, the proposition was introduced
by Mayor N. C. Christenson. and was
heartily received. Several short speeches
were made, in which were set forth the
vital relation of the growth of the Spauld
lng Logging Company to the development
of Newberg. and the possibilities of the
future if the new mill is secured. Tho
Board of Trade voted unanimously to un
dertake to meet the proposition, and F.
H. Caldwell. C. D. Pool and Clarence Butt
were appointed as a committee to take
the work In hand. They were asked to
have a report ready at . a public meeting
to be held next Friday evening.
An Interesting address was made before
tne board oy j. c Hodson, upon manu
facturing industries as related to a town's
development, and how to secure them. He
advised the people of Newberg to perse
vere In their policy of push and enterprise,
holding out the assurance that outside
capital will surety be attracted here by
our puDiic-spiritea endeavors.
POWERS OF THE LAND BOARD.
Attorney-General Passes on Act Gov.
e ruing School Land Sales.
SALEM. Or., July 21. (Special.) Attor
ney-Gcneral Crawford today rendered an
opinion. In which he holds that the act
or 1903, governing the sale of state school
lanas ana indemnity school land Is in
operative, so far as It relates to the sale
of school land. This decision Is based
upon the. fact that the title of the act
referes only to indemnity, land, and not
to school land. This view of the matter
leaves the board to act under laws In
force prior to 1903. and the board has.
therefore, authority to fix the price of
school land at not to exceed .$L25 per
acre. ,
It is also declared by the Attornev-Gen-
eral that the board has authority to make
such rules ana regulations as it may
deem expedient for the ascertainment of
the value of school lands, and for the
sale of the same, not inconsistent with
the laws and constitution of the state or
of the United States.
Under this opinion the board is at lib
erty to sell the surveyed school sections
within the boundaries of proposed forest
reserves, or not to sell them, as It may
choose. The next meeting of the board
will be held next Tuesday, when it is
probable- that a decision will be made as
to the course that will be pursued regard
ing these lands.
NATHAN FALK "VERY ILL.
Pioneer Idaho Merchant Stricken
"While on an Outlay.
BOISE, Idaho, July 2L (Special.)
Nathan Falk, the pioneer merchant, head
of tho Falk Mercantile Company, is 111 at
Halley with acute obstruction of the bow
els. He is In a serious condition.' He was
on an outing with his boys near Ketchum
when stricken. Dr. Nourse, of Hallcy,
was called and took him to his home. A
dispatch from Halley, at 3 P. M. says that
Mr. Falk was still suffering acutely, and
his condition had not improved since his
arrival at Dr. Nourse's.
Although ho could hardly be called a ro
bust man, Mr. Falk Is healthy and strong,'
and his many friends are hopeful that he
will tide over his affliction. It was the in
tention to have Dr. Maxey leave here at
8:30 this morning for Ilajley. but news
was received during the night that the
patient was better, and the doctor was no
tified not to go.
This morning, however, word from Hal
ley was to the effect that Mr. Falk's con
dition was unchanged 'and that the local
doctors desired assistance) having ex
hausted all the means at their command
in their efforts to relieve the suffering
man. It was then decided to take heroic
steps. Dr. Hosmer. a specialist, was sum
moned from Salt Lake, and left there on
a special train. Dr. Colllstcr and Dr.
Maxey. of this city, and a trained nurse,
were sent from Boise on a special train
leaving here about 9 o'clock. On this spe
cial were Anna Falk, daughter ot the
stricken man, and Julius Stelnmeler, of
Nampa.
A consultation of physicians was held
tonight, at which It was determined that
Mr. Falk was too weak to undergo" an
operation. Tho patient Is In a very dan
gerous condition, and but little hope is
entertained for his recovery.
HEAIUXG FOR PEACOCK.
Governor Chamberlain Will Inquire
ns to Ills Mental Condition.
SALEM, Of., July 21. (SpecIal.)-Gov-ernor
Chamberlain has set Tuesday, July
28, at 10 o'clock A. M., as a time for
hearing testimony and arguments for or
against the application for a commutation
of the sentence of William P. Peacock,
who has been condemned to be hanged at
the Oregon Penitentiary on August 8.
Governor Chamberlain has also requested
a number of prominent physicians to In
vestigate the mental condition ot Pea
cock, and to advise him whether they be
lieve Peacock was sane at the time he
killed Alexander Kerr. Superintendent
Calbreath. of the asylum; Head Physician
W. T. "Williams, of the same Institution;
Dr-"W. A. Cuslck. lately physician at tho
prison, and Dr. Harry Lane, of Portland,
are among the physicians whoso opinions
have been requested.
Governor. Chamberlain today received a
communication from Mayor J. M. Start,
of Independence, In which that gentleman
says:
"I am rather familiar' with tho facts in
this case and the circumstances under
which Peacock killed Alexander Kerr, and
know Peacock's condition, and would re
spectfully suggest that It is my firm
opinion that justice would be done by
granting his petition."
CHECKS RETURNED DISHONORED.
A. D. Falrchlld, Insurance Solicitor,
'Wanted at St. 1 Helens.
ST. HELENS. Or., July 21. (Special.)
A. D. Falrchlld, who had been an. agent
for the Penn Mutual Life Insurance' Com
pany, Is wanted here for obtaining money
on checks where he had "no deposits. Falr
chlld was here a little over a week ago,
and represented himself to be a traveling
agent of the Penn Mutual Life Insurance
Company. He remained in this vicinity
for two or three days, apparently solicit
ing business. He gave N. A. Perry, the
Houlton postmaster, a check on the Ladd
& Tilton Bank, -in Portland, for $15, which
was cashed. The check was returned to
Mr. Perry dishonored.
4 At Scappoose Falrchlld negotiated a
draft with "Watts & Price for a similar
amount. The draft was returned from
Sherman & Harmon, the general agent of
the Penn Mutual, at Portland, stating
that Falrchlld had not been In their em
plcy for a couple of weeks. Falrchlld had
a modest. DUBlnessUKe way tnat inspired
the confidence of those with whom he
camo in contact, a. warrant nas oeen
prepared for his arrest.
DIVERTING OREGON TRADE.
Coast Line Road Intended to Further
San Francisco Interests.
DRAIN. Or.. July 21. (Special.) Engl
neer E. E. Cooper, of San Francisco, with
20 ben, is running a line out of here to
Empire on Coos Bay. via Elkton and
Gardiner on the umpqua River. Tne sur
vey is being made for the Coast Line
railroad that Is to connect with the old
Humboldt line at Eureka, Cal. The Hum
boldt lino was recently purchased by the
Southern Pacific and , while Mr. Cooper
will not admit that his work Is being done
for the Southern Pacific it Is generally
understood here that such Is the case.
This road will open up a very rich coun
try and make marketable a large body of
fine timber. San Francisco Is gradually
encroaching on Portland territory. Nearlv
all the products of Southern and Central
Oregon havo been diverted from Portland
to San Francisco and the new road will
come sun nearer to jf ortiana s door.
TWO COUNTIES SHOW DECREASE
School Attendance, However, is
Grenter Than Before.
SALEM, Or., July 2L (Special.) The
annual reports of three County School
Superintendents were received by Super
lntendent of Public Instruction J. H. Ack
erman today. They were from Coos, Lin
coin and Lake Counties.
The Coos County report shows a school
population of 4070, as compared with 2S94
a year ago. The average dally attend
ance has Increased from 1S58 to 1979.
Lincoln County's report shows a de
crease In school population from 1230 to
U40 during the past year. The 'average
dally attendance has grown from E55 to
56L i .
Lake County's report showithat the
school population In that county has
dropped from S6S to 859, whUe'theaverage
dally attendance has increased, from 400
to 492.
PRUNE PRICE CONVENTION.
Called to Meet at Salem Next Sat
urday Afternoon.
SALEM. Or., July 21. (Special.) At tho
annual meeting of the stockholders of the
Willamette Valley Prune Association, held
In Salem on the 11th Inst., a suggestion
was made by visiting prunegrowers from
Vancouver, Wash., that a meeting be held
at an early date at which all Interested
growers and association men might meet
to consider crop conditions and prices for
the growing crop.
The Willamette Valley Association, be
lieving the suggestion to be In the interest
of the growers and for the good of the In
dustry at large, has called a meeting for
Saturday. July 25, at I.P. M In Salem.
Or., at the office of the association. A
large and representative attendance is de
sired, as the occasion Is extremely im
portant. Sentenced for Cnttle Theft.
GRANTS PASS, Or., July 2L Samuel
McClung was sentenced 'by Judge Hanna
yesterday to one year's term at the peni
tentiary. McClung had his trial Saturday
evening. His crime was that of stealing
a young steer from a neighbor. Ho stated
to Judge Hanna yesterday that he had no
intention of stealing the steer, but took
it to be a stray and took It up and brand
ed It, according to the custom of the
range.
Dead Man Was of Gentle Blood.
BERKELEY. CaL, July ZL The body of
a man found with a bullet hole in his
head near this town last Friday night
has been Identified as that ot A. Allnutt,
who applied for work at an Oakland plan
ing toIU a few days before his presumed
murder or suicide took place. It Is stated
that he said he was a British subject, and
the brother ot Lady Brassey, wife of Sir
William Brassey. formerly a Lord of the
Adn-'mV-
STRANGE CATTLE DISEASE
HERD DyiXO IX THE MOLALLA
NEIGHBORHOOD. '
BlecalBfcatthe JVec the First Symp
tom, Followed by Dysentery
, Farmers in .a Panic.
OREtiON CITY. Or., July 2L (Special.)
Orin "Wright, of- Molalla, was in tho
city today and reported that a strange
disease is affecting tho' cattle of that
neighborhood, from which many herds are
dying outright. He says the first symp
toms are bleeding at the nose. This is
followed by dysentery and death, and
thus far the farmers have been unable
to defeat the fatal operation of the mys
terious disease.
The farmers of that neighborhood have
communicated with the State Veterlna-
J. It. Collins, A. B.
rlan, who has been asked to make an in
vestigation of the epidemic A great'num-
ber of cattle are already dead from tho
effects of the disease, for which the farm
ers have been unablo thus far to find an
effective remedy.
COLD-STORAGE PLANT FOR COLFAX
Meeting: Held to Take Steps for its
Construction.
COLFAX, "Wash., July 2L (Special.)
Tho meeting here today to take steps to
organize a cold-storage company to han
dle the fruits of the country surrounding
Colfax resulted in the appolntcment of a
committee composed of Edward Johnson,
R. H. Lacey. Zell M. Beebe, G. H- Len
nox, and T. W. waiters, to call a future
meeting of farmers, fruit-growers and all
Interested and to organize a stock com
pany at that time. It is the intention to
erect a storeroom 40x120 feet, with a ca
pacity of 10 carloads of fruit, to be sup
piled with a complete cold-storage plant.
and an ice manufacturing plant may be
added and tho making and handling of
ice become one of the features of tho
buslnesp. Many interesting facts concern
ing the fruit Industry were brought out
at this meeting. ,
' Colonel R. C. Judson, 'industrial agent
of the Oregon Railroad & Navigation
Company, was present and presented in
formation of interest to the fruit-growers
and others In attendance. Edward John-
son, on extensive farmer, fruit-grower
and livestock raiser, who is one of the
committee, said:
"I have two-thirds of an acre of cherry
f trees on my farm, south of Colfax. 1
have gathered and sold the fruit from
half of these this year and got $226 from
one-third of an acre, or 45 trees. I have
not yet gathered the other half of the
orchard, as they are of the Black Repub
lican variety, which ripens later. Cher
ries are selling at a lower price this year
than for many years. Had we a cold
etoraco plant, so I could hold the fruit,
I could get twice as much money from
the orchard. Last year I got $450 from
two-thirds of an acre, the trees then
being but six years old. The year before
that, when the trees were only 5 years
old, but cherries sold for an unusually
high rrice, I got $S00 from two-thirds of
an acre."
George Reudy, proprietor ot the Colfax
nursery and an orchard adjoining town,
was present and urged the necessity of a
cold-storage plant, and declared it will be
of vast benefit to the fruit industry of
this section. He declared that from one
third to one-half more can be secured
from fruit by having a cold-storage plant
In which It can be held when the market
Is glutted. Mr. Reudy has a small cold
storage plant which is far from perfect,
but he exhibited Yellow Newtown Pippin
apples kept there all Winter and perfectly
hard and sound now, as an evidence of
what cold-storage will do in handling and
saving fruit. v
Much enthusiasm was expressed, and It
Is certain that a cold-storage plant will
be erected In Colfax In time to handle
tho fruit crop of this season.
MINING MAN'S SUICIDE.
Oscar Szontngli Was an Eminent
Chemist and Metallurgist.
SPOKANE, Wash., July 2L Oscar
Szontagh, a prominent mining man, re
cently manager of the smelter at North
port, Wash., committed suicide by shoot
ing this morning In his room In the Hotel
Spokane. The cause Is unknown.-
Oscar Szontagh was one of the most dis
tinguished chemists in the United States,
and had long had a National reputation
as a metallurgist. Ho was born in Aus
tria 51 years ago, and was educated In
Vienna and Germany. He was widely
known in Colorado, Salt Lake and Ejan
Francisco. He was the first manager of
the Portland smelter, and was with tho
E. & E. mine, In Eastern Oregon, for
some time. He had been out of employ
ment for Blx months, and financial trou
bles are thought to have been the motive
of the suicide. The body is held here
awaiting advices from his wife in San
Francisco.
(Oscar Szontagh Is remembered by some
of the owners of the old Portland smelter,
at Linnton, as the man who had. charge
of the -smelting of lead ores. He came to
Portland, and. was at the Linnton works
but a short time. In this particular line
he was considered an expert. Jtte leu
Portland in 1S91.)
DISTRICT HAS LITTLE DEBT.
Few Corvallls Citizens Voted in the
Bond Issue,' Election.
CORVALLIS. Or., .July 21. (Special.)
In the school election yesterday after
noon, only a small percentage of the elec
tors voted on the question of a bond Is
sue. The whole number of votes cast
was 51. of which 42 voted for the bonds
and nine against. The number of voters
in the district Is several hundred. The
amount of bonds to be Issued Is J8000,
from the proceeds of which the Dlller
block Is to be purchased at a cost of 52000.
The block Is immediately east" of the pres
ent school block and it Is the plan of the
board to have tho street between them
vacated and made a part of the school
grounds.
Only such portion of the new building
as is needed will be built at the present
time, the plan being so arranged that ad
ditions may be made from time to time.
Tho present bonded debt of the district is
58000, of which 51090 has to be paid annu-
ally. The property valuation of th dis
trict for assessment purposes Is consider
ably above $1,000,000.
I SINGING A PROMINENT FEATURE.
Southern Oregon Chantaao.ua is a
Great Saccess.
ASHLAND, Or,, July 2L (Special.)
The eleventh annual assembly of the
Southern Oregon Chautauqua continues
splendidly attended in this. city, and will
without doubt go down a3 the best In the'
history of the association. Yesterday was
-good roads and farmers' day, and much
Interest was manifested in the pro
gramme, In which County Judge Scott, of
Marlon County, and Dr. Wlthycombe, di
rector of the Oregon Agricultural College
experiment station, were leaders. Last
night and tonight Germalne, the magi
cian, entertained audiences that packed
"the Tabernacle from center to circum
ference. This afternoon there was a side attrac
tion in a game of baseball under Chau
tauqua auspices between- a team from
Yreka, Cal., and the Ashland nine. The
latter won by a score of 5 to 2. The
ELECTED" PRINCIPAL
OF CLATSKANIE
SCHOOL
ST. HELEN9. Or.. July ZL
(Special.) J. H. Collins, A. B.,
of St Helens; the newly elected
principal of the Clatskanlo
School, has had considerable ex
perience In school work. He
taught Eeveral years In Clatsop
Coupty, and was .principal of
the Canyon City School in Grant
County? also of the Elglrf pub
lic school ,in Union County. The
Clatskanlo School Is the only one
in Columbia County where the
higher ''grades are taught. His
assistants are: Mrs. 'Gertrude
F. Collins and 'Miss Mary, Tlche
nor. The fourth teacher has not
yet been elected.
slons of the assembly continue until Fri
day evening, the next platform attraction,
tomorrow and Thursday nights, being
Hon. Champ Clark. Special attention has
been paid to music this year and the
children's chorus class concert tomorrow
afternoon and the adult class concert
Friday night promise to be notable mu
sical events for Southern Oregon.
DREDGING GRAY'S HARBOR,
Government Advertises for Propos
als 950,000 to Spend.
SEATTLE, Wash., July 2L Major John
MIUIs. Corps of United States Engineers,
today Invited proposals for the dredging
of the inner Gray's Harbor and a reach
of the Lower Chehalls River. He Is au
thorized to expend $50,000 this year In the
Improvement of these waters. Major M1I
11s is advertising for bids simultaneously
In Seattle, Tacoma, Portland, San Fran
cisco and Gray's Harbor towns. The
bids are to be opened August 25.
The Government Is especially desirous
of giving every aid to navigation on
Gray's Harbor and the Chehalls, In view
of the rapidly growing shipping trade.
Gray's Harbor has come to be one of the
great lumber shipping points of the Pa
clfic Coast.
"While San Francisco consumes much of
uie lumoer proauceu in mat section, ves
sels load In the harbor for all parts of
the world. South Africa takes much of
the lumber mill product of that i-eglon.
as does also Australia and China.
BOHEMIA DISTRICT IMPROVED.
Gold Will Soon Be Produced in Great
Quantity.
COTTAGE GROVE, Or., July 21. The
Oregon Security Company Is expending a
half million In preparatory work In the
Bohemia mining district In tho develop
ment of Its mines. A dam has been
constructed across the Frank Brlce River
and flumes put In to furnish power for "an
electric plant that will be Installed In
Champion basin. An electric ear lino Is
being put In from the terminus of the Q.
S. &. E. broad-gauge road, that runs from
this place to "The Warehouse," 20 miles
east, to the company's mine, six miles
distant.
A double track tunnel Is being driven
wun compressed air drills a mile and a
half through the Champion mining claim.
that will cut a dozen leads of rich or.e. Tho
two ten-stamp mills are being removed
.from the Helena and Muslck mines and
consolidated with the ten-stamp mill In
Champion basin and 39 new stamps will
he added, making a GO-stamp plant. This
W. W. Sraead, appointed post
master at Heppner.
will put the company In position to open
up Us mines and work them at their full
.capacity.
Other developments are belqg made In
the Bohemia district "that will make It In
a few years one of the greatest gold pro
duclng sections of the state.
A
; McKenxlc Bridge Closed for Repairs.
EUGENE
Or., July 21. (Special.)
wora was, received here this forenoon
that the bridge spanning the McKenzIe
River, near Coburg, had become unsafe
and was closed td traffic The County
Judge Immediately went to Inspect the
bridge and found the Teport true. A por
tion of the bridge had settled on account
of the piling on which It rests becoming
decayed.
The road supervisor closed the bridge.
and It will probably be ten days before
teams can cross again, business being
greatly Inconvenienced In the meantime.
Several teams from tho other side were
on this side of the bridge when It was
closed, and would like very much to get
back.
Lucky Boy's Right of Way.
EUGENE, Or., July 2L (Special.)
Grants have been recorded in the office of
the County Clerk granting to the Lucky
Boy Company rlghtofway 100 feet wide
from the mine to the site of their -new
power plant, a distance of about five
miles. This -strip Is to be used for a
road and to erect poles for transmission
of electric current to the mine.-
SHOOTS HIS YOUNG WIFE
ACCIDENTAL DISCHARGE OF A RE-
; volver; is fatal. ;
Young Colville Maa Was Bidding
, Good-Bye to HIsBride and is
Crazed Witk Griet:
SPOKANE, Wash., July 21. (Special.)
At Colville, Wash., James E. Miles, a
young man. recently married to a girl of
IS, this morning shot his wifo through
the heart, and she died the next moment,
her Itrms clinging about his neck. Tho
shooting appears to have been purely ac
cidental.
Miles was about to start on a fishing
trip, and had taken out his hammerless
revolver to carry with him. He says he
was leaning over her chair talking to
her, and must have pressed the trigger
unconsciously, for there was a sudden re
port, 'and In an instant she 'was clinging
to him. He did not know sho was shot
until he sawthe blood trickling from her
bosom. By the time he had. carried her
to the bed she was dead.
Miles was crazed by the accident. He
rushed Into the street like a madman and
rushed back into the house, being fol
lowed by pasaers-by. Close watch was
put on him to prevent his taking his own
life. Miles Is 21 years old. In comfortable
circumstances, and the couple had been
of the happiest.
'ine coroner will hold an Inauest but It
Is merely a formality, as n6 suspicion of
criminal Intent attaches to Miles.
HOOK-TENDER A VICE-PRINCIPAL.
Washington Supreme Court Reverses
Superior Court Another Case.
OLYMPIA, Wash.. July 21. (Special.)
The Supreme Court has reversed the Su
perior Court of Pierce County and ordered
the retrial of the case of Martin Bailey,
appellant, vh. the Cascade Timber Com
pany. Bailey was employed as' engineer In the
logging camp of the Cascade Timber Com
pany, and on April 2S, 1902, while operat
ing a donkey engine, an attempt was
made to move a water tank with engine
and cable. The swamp hook attached to
the tank gave way and Bailey was struck
by the flying hook and severely Injured.
He sued the company for $10,000 damages.
The trial -court took the case from the Jury
and dismissed it.
Tho principal question before the Su
premo Court was whether or not the hook-
tender In a logging camp, who has charge
of the force of men engaged in the work
that was In progress when the accident
happened, Is a fellow-servant. The court
declares that he Is a vice-principal, and
that the company Is responsible for his
negligence. The motion of the appellant
that an order directing the trial of' the
case to fix the amount of damages only Is
denied, but the lower court Is ordered to
retry the case that the questions may bo
eubmltted to the Jury as to whether there
was negligence on the part of the com
pany In furnishing proper appliances (It
being alleged that the swamp hook used
was too small and was defective), or neg
ligence on the part of the hook-tender-In
selecting appliances furnished, or whether
there was contributory negligence on the
part of the appellant.
The Judgment of dismissal entered by
tne superior Court of Spokane County In
tne case of Alfred Johnson, appellant, vs,
J. W. Douglas, respondent, has been af
firmed by the Supreme Court, under the
rule that the courts of this state will not
lend their aid to enforce contracts that
are against public policy nor to assist a
party to rescind such a contract after he
has received the benefits.
The action was -brought to recover 5500
deposited with Douglas by Johnson. A
criminal charge had been pending against
Jonnwn in British Columbia- for the al
leged seduction of Amanda Pavalo. John
son entered into an agreement with the
woman to place $500 in Douglas' hands, to
be paid over to her If the criminal charge
were dismissed. The charge was dis
missed, and then Johnson demanded the
return of his money.
The lower court dismissed the action on
the ground that the objectof the agree
ment was to defeat a regular proceeding
In a court of Justice, and was therefore
void as agalpst public policy.
TRIP TO ROCKY ISLET.
Tillamook Excursionists Have a
Variety of Adventures, f
TILLAMOOK. Or., July 2L (Special.)
An excursion party left this city on Sun
day morning on tho steamer George R.
-Vosburg for the rocks off Cape Meares
lighthouse, for the purpose of shooting
sections, and deep-sea fishing. The party
reported several adventures. While ex
ploring on the rocks a wave struck WII
bort Stillwell and carried him 20 feet over
another rock. He had a narrow call, and
was scratched somewhat by the rough,
rocks.
A small whale was harpooned, but It
managed to get away. A big seallon was
captured alive. In Its struggles to get
awuy It dived under the boat and came up
on the opposite side of the vessel, when
one of the party, thinking It was another
seallon, shot and killed it. The monster
was brought to this city, and It weighed
1321 pounds.
The party, which numbered 48, caught
about 15C0 pounds of rock cod and other
fish, and the more venturesome of the
crowd. In exploring the rocks, found a
number of birds' eggs and brought them
away with them.
The rocks are generally covered .with
thousands of seallons of all sizes.
IRRIGATION TURNED DOWN.
Milton Neighborhood People Asalnt
Little Wnlla Wnlla Project.
MILTON. Or., July 2L (Special.) The
resident voters gave a deathblow today to
the proposition to organize the Little
Walla Walla River Irrigation district.
whose formation has agitated here for
months, and whose turning down has
caused considerable excitement and un
pleasant feeling. The vote was S3 to 52.
and as a three-fourths majority is re
quired to carry 'organization, tho victory
of the "antls" was decisive.
Voters along the upper portion of the
Little Wnlla Walla In the proposed dls
trict killed this project on the ground' that
they already possessed all the water priv
ileges bv exercise of rlnarian rlehts. and
that establishment of an irrlgafton dis
trict would result In compelling a division
of volume with those below them. As the
Little Walla Walla run3 low in Summer,
these men were practically a unit against.
The Legislative act under which irriga
tion districts are formed Is" an old one.
SCARLET FEVER EPIDE31IC.
Section of Clackamns County Visited
by Disease.
OREGON CITY. Or., July 21. (Special.)
The attention of Dr. J. W. Powell.' the
county physician for Clackamas County,
has been called to the prevalence In the
Maple Lane neighborhood, near this city.
of an epidemic of scarlet fever. Thus far
no steps have been taken to prevent the
spread of the contagion and the resi
dents of that section have become
alarmed as to the epidemic.
There are a number of cases under
treatment over which no quarantine has
thus far been exercised. Proper steps
will be taken at once .to confine the mal
ady to the cases already Involved.
BLACK NOT BADLY SHOT.
Bullet MIshcr Abdominal Cavity
Names His Assailants.
ASTORIA. Or. July 2L-;(Speclal.)
William Black, the Uwaco saloonkeeper.
who was shot at thaplace last night,
was brought to the, hospital here at an
eariy hour thl3 morning for medical at-
tendance. An examination "showed that
the bullet glanced and had not entered
the' abdominal cavity, so the injury Is
notso severe as was supposed. Thl3
afternoon Black Is resting easily, and no
fears ot serious results are entertained.
In speaking of the shooting, he said two
shots were fired, but only one bullet took
effect, although his assailants were within
an arm'3 length of him when they shot.
Black says the men were "Doc" Wlnfleld
and Dick O'Brien, but he cannot under
stand why they should assault him. as
-he never had any trouble with either, ex
cept that he .once agreed to engage Wln-
neia as a bartender and afterwards con
cluded not to do so.
CRUSHED UNDER SAND AND TIMBER
Laborer on P. V. & Y. Meets a Sudden
Death.
VANCOUVER. Wash.. July 21.-John
Hughes was crushed to death under a pile
of wood and sand at the bottom of an ex
cavation at Tooley Hill, on the branch of
the Portland, Vancouver & Yakima.
Hughes was a laborer and was working
under a bridge over which wagons loaded
with sand taken from the pit were being
driven.
Under an extra strain the timbers gave
way without warning, and there was no
chance to escape. It took but a short
time to remove the wreckage, but life was
extinct when the body, was uncovered.
There were no marks or broken bones to
Indicate the cause of death.
Hughes was a native of Montreal, Can
ada. He was about 25 years of age. and a
stranger in this section. His fellow em
ployes and his employers contributed to
his funeral expenses.
The accident occurred Monday, about 1
o'clock.
GREAT HEAT AT WAUA WALLA.
Hot Winds Are Drying- Up the Vege
tation Very Rapidly.
WALLA WALLA, Wash., July 21. (Spe
cial.) Were wheat not already made the
crop would be withered and partly ruined
by the fearful heat which pervades the
Wallri Walla Valley, accompanied by hbt
winds from the north and northeast,
which are drying up the range and blight
ing garden truck and vegetation.
Today the thermometer stood at 101,
brtaklng the season's record. Yesterday
It was 100. At College Place, west of here,
103 In the shade was reported this after
noon. People are In great misery, and a stam
pede is threatened to seashore and moun
tains In the harvest fields, where head
ers and combines stir up clouds of dust,
It Is almost agony to- work under the
presonl conditions, which obtain Just a3
harvest has become general.
TESTIFY FOR ATTORNEY SHORES.
Fourteen Montana Jougen Take the
Stand in Disbarment Cnne.
BUTTE, Mont., July 21. Fourteen
prominent Judges of Montana took the
stand and unanimously told of the high
character and standing as a practitioner
enjoyed by Mr. Shores prior to- the ac
cusation of bribery now being heard.
Attorney H. A. Frank testified that P.
A. O'Farrell acknowledged sending7 tho,
famous "HInzey" telegram to Judge
Harney, but the force of his testimony
was lost In his expressions of animosity
toward O'Farrell and the circumstance
wlhch led to his testifying.
TIMBER. BURNING NEAR SEATTLE.
Fire Started Sunday Has Destroyed
Hundreds of Acres of Trees.
SEATTLE, Wash., July 21. The forest
fire In the vicinity of Woodlnvllle, started
Sunday, Is still raging, and Is consuming
nearly 500 acres of forest.
Fire Warden RIet received messages to
day from Bothell and Woodlnvllle to the
effect that tho fire had spread raplaiy.
Every able-bodied man living In the vi
cinity of the fires Is actively engagea in
the effort to st6n their progress. Jo
losses except to" timber were reported.
BODIES RECOVERED FROM SOUND.
T.hree Younjr People Who Were
Drowned Last Sunday.
EVERETT, Wash., July 21. The bodies
of Miss Nina Solomon. Miss Edna Warner
and P. G. Foster, drowned Sunday by the
overturning of a small sailboat, were re
covered In six feet of water wlthtn a few
feet of where they went .down. Both the
young women were clinging to Foster.
Crabs had badly mutilated the faces of
the young women.
Good Yields Abont Junction City.
JUNCTION CITY, Or., July 21. (Spe
cial.) Haying Is now nearly over and
harvesting has begun. The fodder crop Is
up to the average, notwithstanding the
poor outlook a few weeks ago. The cher
ry crop has been a large one and hun
dreds of gallons have been shipped to
outside points. Prunes are In fine shape
and promise an exceedingly heavy, yield.
Grain ot all classes has made a splendid
growth, and binders are now at work In
Fall wheat and oats. Alfalfa and vetch
have made heavy growth In tho past two
weeks and will cut an average crop.
Good apples will probably be as scarce
as usual, while other fruits will be plen
tiful. Wild blackberries are abundant
and large quantities are being gathered.
Hobos Liked the Chickens.
JUNCTION CITY. Or., July 21. (Spe
cial.) Black and Grannon, two of the
trio of hobo3 sent up for 25 days each for
stealing chickens from John Lawrence's
place, sent word from their present quar
ters In Eugene to Lawrence to be sure
and have his chickens well fattened, as
they would call on him soon for another
mess. It Is thought these "knights of
the brakebcams" are of the lot concerned
In some of the recent holdups In Port
land and some Injury Is being made
by tho Deputy District Attorney along
that line
Snd Story of Mrs. Johnson.
ASTORIA, Or., July 21. (Special.)
Mrs. Hannah Johnson 'was adjudged In
sane by the County Board this afternoon
and ordered taken to the State Asylum.
She Is a native of Finland, 29 years of age
and came here from Europe last Spring
with her little daughters to Join her hus
band. At times she becomes mentally de
ranged and threatens to burn the house
where she lives and kill her children.
While on the way here last Spring she
ran away from her children In St. Louis,
leaving them in the train. Harry John
son, the husband, deserted the woman
several months ago, and Is now said to be
In Aberdeen.
Will Use Three Hatcheries.
ASTORIA, Or., July 21. (Special.) Fish
Commissioner T. R. Kershaw, of the State
of Washington was In the city this morn
lng. making a tour of Inspection along
a mother should be a source of joy to all, but the suffering and
danger incident to the ordeal makes its anticipation one of misery.
Mother's Friend is the only remedy which relieves women of the great
pain and danger of maternity; this hour which is dreaded as woman's
severest trial is not only made painless, but all the danger is avoided
by its use. Those who use this remedy are no longer despondent or
gloomy; nervousness, nausea and other distressing conditions are
overcome the system is made ready for the coming event, and the
serious accidents so common to the critical
hour-are- obviated by the use of
rnena. ut is wortn its weignc
says many who have used it.
Dottle at drug stores. Book containing
valuable information of interest to all women, will
be sent to any address free upon application to
BRABFiELB REGULATOR QO; AUmt
BABY SHOW
. AND WEDDING
Special Display of Choice Baby
Grand Pianos and Wedding
of Piano and Pianola, in ad
dition to the Prize Contest,
Are Going to Make Eilers
Piano House Exceptionally
Interesting Today.
Visitors to the city, and especially
Woodmen, who are Interested In the fin
est Dinno products In the world, are cor
dially invited to our baby show.
We are not trying to run attractions in
opposition to the Carnival. We know tho
little babies, the sweetest of Oregon's
products, that will compete for tho prize
today, will be something hard to boat.
But our exhibit of baby grand pianos U
the finest display of the highest grade In
struments ever made on tho coast, and Is
well worth seeing.
These are the lamous Weber make of
New York, the Ohlckerlng of Boston, and
the choice and dainty little Pease baby
grand pianos. They are all cased in beau
tiful specimens of especially selected ma-
hoganv of the highest finish and polish.
Tncre Is no Instrument made that will set
oh: even a small Darlor like ono of these
baby grand planes. Modeled after the
concert grands, tney possess exceeaingiy
full rich, volume and stlll are so com
pactly built that they take up but little
more room than an upright.
Tne Weber Is the favorite piano ot tne
majority of the celebrated musicians,
both at home and abroad, and among tho
baby grand pianos we exhibit today, la
the Identical instrument used by the tal
ented and popular Madam Gadskl. while
singing with the famous Maurice Grau
upera company m JNew lone in spua
ot this the price we have placed upon this
piano Is very considerably below the reg
ular retail figure. Here Is a chance to
get a valuable souvenir and a very cnoxce
piano at a great reduction.
The Chlckerlng baby grands are tho
product of the fine and famous Chlcker
lng factory that for over 80 years has
maintained the high standard of its
founder and has also kept pace with tho
best Improvements In modern piano man
ufacture. Tho result Is that these Chlck
erlng babies we are exhibiting today aro
without a superior the world over. Tho
dear little Pease baby grand Is elegant la
every outline and will grace either bou-
dolr or drawing-room.
And the Wedding?
' The wedding of the Pianola' with any"
piano, either concert grand, baby grand,
or upright, Is Invariably a harmonious
union. This Is a fact we are prepared to
demonstrate today. There Is but one Pi
anola. It is the most jperfect piano-player
made and is the instrument used by near
ly all the crowned heads of Europe as
well as the celebrated people of both con
tinents, among thes6 latter the great Pad
erewskl who has purchased two. Tho
agency for this popular Instrument
throughout the entire Northwest is con
trolled by Eilers Piano House exclusively.
Especial attention Is paid by us to fur
nishing instruments to match pianos.
The Prize Contest.
Instead of making an elaborate dlsplay
la the Carnival grounds, as has been our
practice at previous seasons, we are mak
ing our display at our store this. year.
The -sum which would have been expend
ed by us In making a dlsolay In the Gar
nival grounds wo are giving Woodmen
visitors in the city as well as the people
of Portland the benefit of In the shape
of a very liberal reduction on the price
of nine of our finest makes.
Our store being situated right at tho
entrance of the Carnival grounds visitors
can have the benefit of our entire dis
play and may learn what an xtensive
concern Eilers Piano House really is. and
at tho same time , take advantage of this
opportunity to secure 25.00 oft the price
ot their piano.
The makes on which wo are eranting
this reduction have been designated by
an ix. the woodmen s emniem, piacea in
one piano of each of these mss. and
tho- first person who Is fortunate enough
to make his selection from any one of
these lines secures the $25.00 reduction on
the pnee.
There Is evidently no Intention to let
any of these prizes go begging. The
pianos have been snapped up at such a
lively rate that now only three remain.
This gives the next buyer 3 chances out ot
26 to secure a prize.
Stil! Another Prize.
In order to keep things lively clear up
to tho last hour ot the Carnival, we are
offering still another prize of $25.00. This
one goes to the first person who correctly
guesses the name of the last piano to
be taken as a prize during this ax contest
of ours. Here are tho names of the
pianos we carry:
The Kimball piano of Chicago, the
Chlckerlng of Boston, and the Weber of
New Ycrk. Hobart M. Cable, Bush &
Gerts, Vose, Victor, Haddorft, Decker &
Son. Jacob Doll. Pease, Steger, Crown.
Schumann, Milton. Draper, Hlnze. Lelcht.
Lester, Marshall. Stuyvesant, Sherwood,
Rlcca, Weser. Wheelock and Whitney.
Select the one you think most likely to
be taken last and send or mall the namo
to us. It may mean $25.00 to you on tho
price of the hnest piano In our store. The
prize goes to the first person sending In
the right name, and whoever it is Is en
titled to the choice of all the pianos lit
our store.
With all these attractions, the Wood
men's Carnival of '93 Is destined to be a
memorable ono to many buyers.
Wo are extending the same liberal
terms and time of payment on theso
pianos that we do on regular sales. Every
instrument has our written guarantee
and "money back should purchase provo
unsatisfactory." our rule. EHers Piano
House, Washington street corner Park,
right at the entrance to the Carnival.
Other large stores San Francisco. Cal.;
Spokane. Wash., and Sacramento. Cal.
the Columbia River. He expressed him
self as well pleased with present condi
tions In this district, and said it was his
Intention to propogate more salmon In tho
Washington State hatcheries this season
than ever before, but he would confine
his operations on the Columbia River to
the" Chinook, - Kalama and Wind River
hatcheries, and will utilize the other
hatcheries as eyeing stations.
Snvinjr In State Printing.
OLYMPIA, Wash.. July 21. (Special.)
The State Superintendent's office has
awarded the contract for printing 10,000
copies ot the school code to the Graham
Hickman Company, of Seattle, at a prlco
of J11S0. There were eight bids for the
work, ranging as high as $1665.30. Th!a Is
one of the first contracts let under the law
abolishing the state printer, and is a sav
ing of $1000 over the old sy3tom on this
ono Job alone.
Electrical Storm Without Hnln.
. JUNCTION CITY. Or., July 21. (Spe
cial.) Last evening's electrical storm
succeeded in burning out the switchboard
connections In the local telephone of
fice. A repair man from Portland will be
necessary to fix the board In running or
der. The storm passed , over this place
without any rainfall.
Every mother feels a
great dread of the pain
and danger attendant upon
the most critical period
of her life. Becoming
Mother's SS Aefcm.
in goia,
.$1.00 per
Friend