Morning Oregonian. (Portland, Or.) 1861-1937, September 09, 1903, Page 11, Image 11

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

(Court Takes Matter Under Advise
ment After Alleged Forger's Law
yer Makes Spirited Argument.
The right of Deputy District Attorney
A. C. Spencer to Intercept a letter written
by John C Carroll, who is In custody
awaiting "trial on a charge of passing
forged checks, was argued before Judge
Sears yesterday. The letter was addressed
to persons In Vancouver, Wash., by Car
roll, asking assistance, and Spencer held
It, that the chlrography might be com
pared with that contained in the bogus
checks. The officer, however, was good
enough to tell the prisoner to write a
second communication to his "Vancouver
friends notifying them of his trouble.
B. S. Pague, attorney for Carroll, In
addressing Judge Sears, waxed eloquent
In depicting the constitutional rights
granted even to a person incarcerated In
the County Jail charged with a crime.
"He Is a ward of the law," said the at
torney, "and is supposed to be Innocent
"until a jury declares that he Is guilty."
Mr. Pague proceeded to relate how the
letter was secured by the deputy Dis
trict Attorney. He said it was given to
Jailer Jackson to be mailed, and Spencer,
seeing It, remarked: "You have good
penmen In the jail." The jailer answered,
"Oh, that was written by Carroll," and
Spencer thereupon took posession of It.
"Admitting this," said Judge Sears, In
terrupting, "where Is my authority? I
appeared once before Judge Deady in de
fense of a man charged with counter
feiting. The United States Marshal took
possession of his trunks. Judge Deady
thought the Marshal had no right to
take his trunks, "but did not consider that
the court had jurisdiction to interfere."
Judge Sears, discussing the case further,
said counsel might have a remedy In a
replevin proceedings. "If the court could
do It In this case," he remarked, "what
case Is there whero the court couldn't
order the return of property?"
"Is a man to be deprived of his liberty,
his rights, and his property?" asked Mr.
Pague. "This man is as Innocent of this
crime as any man In this courtroom until
a jury pronounces him guilty."
"Hardly that, or he would not be where
he is," commented the court "The law
says there Is a presumption of innocence."
Attorney Pague discussed the matter at
some further lergth, saying the letter
was sent at the direction of his client; it
was his property. Mr. Pague was careful
not to concede that Carroll himself wrote
the letter.
Deputy District Attorney Spencer filed
an answer to Attorney Pague'fl motion
for him to show cause why he should
not surrender tne letter. Tne answer.
states that Carroll is charged with a
crime, and that the letter was intercepted
In order to obtain a sample of his hand
writing, to be used as evidence In the
prosecution of the check-forgery case.
The answer further states that the court
has no jurisdiction In the present pro
ceedings. "This may seem to be a very high
handed piece of business," said Mr. Spen
cer, addressing the court, "but this man
is a forger; his. checks have been floating
around. The Officers of the law frequent
ly get ei'ldenco from the body of pris
oners. If courts ordered such evidence
returned there would frequently be a
hard time to convict a prisoner. When
the letter Is introduced in evidence it will
then be In the" hands of the court. I 'may
not be able to Introduce it in evidence. I
notice the attorney here is very cautious
and does not admit his client wrote it.'
Mr. Pague followed with a sensational
speech about a negro who was arrested
on Monday merely because he was an ex-
convict, and kept in the City Jail for 24
hours without any charge being' preferred
against him, causing him toJase a posi
tion which he "had' obtained."'' The man
had served his sentence in the peniten
tiary and was free to. try. and earn a
llilng. "He spoke to me and asked me
what he had better do, exclaimed the at
torney, "and I told him to leave town. I
didn't like to tell him that he has as
much right to remain here as I have. Is
this thlpg to continue forever?"
After Mr. Pague had finished his speech
Judge Sears said something more regard
ing the question of jurisdiction, and con
cluded with the remark that he would
take the case under advisement.
Question of Indian War Veterans'
Claims Ik Argued In Court.
Is the Secretary of State required to
draw warrants in favor of volunteers in
the Indian wars of 1855 and 1S5S as com
pensatlon for services performed, after
the fund of $100,000 provided by the last
legislature for the purpose has been ex
The members of the Legislature who
voted for the bill supposed 5100.000 would
be more than enough to liquidate these
old claims, but it has since developed that
a miscalculation was made, and there are
still demands being made on Secretary of
State Dunbar.
J. R. Boyd, an. Indian War veteran,
wants 5129 for having exposed his person
to the lire of the bloodthirsty red men In
the early days, and as the Secretary of
State declined to issue a warrant to him
for the amount, he filed a mandamus suit
in the State Circuit Court to have the
question of his right to receive such
warrant determined. Secretary Dunbar
filed an answer, to the effect that it was
a case of first come, first served, and that
the Indian War veterans having already
got away with the appropriation of $100,
000, no more warrants can legally be
Attorney J. C. Moreland, appearing for
Boyd, demurred to the answer. The mat
ter was argued before Judge Sears yes'
terday and taken under advisement.
Attorney-General A. M. Crawford, rep
resenting the State of Oregon, and Mr.
Dunbar argued that where the fund is
exhausted there is nothing to draw
warrant against.
Mr. Moreland contended that the Secre
tary of State Is bound to draw the war
rant, whether the fund is exhausted or
not, and the warrant will be stamped
"not paid for want of funds." Counsel
said this had been decided in the case of
Shattuck vs. Ex-Secretary of State Kin
caid. The attorney quoted the constitu
tional clause: "No money shall be drawn
from the treasury except in pursuance of
appropriations made by law."
Judge Moreland, commenting on this,
said: "We are not asking for money
from the State Treasurer, but for a war
rant from the Secretary of State. This is
worth money, and is negotiable. In the
case of Shattuck vs. Kincaid, the Su
preme Court held then was contingent
appropriation, but the amount was fixed
by law and the warrant should be drawn.
In this caser the amount has been certi
fied to by the Adjutant-General, as the
statute provides, and there is nothing for
the Secretary yot State to do but to draw
the warrant.
A number of authorities were cited oh
both sides.
Progress in Stone Case.
District Attorney John Manning filed an
informatlttn In the State Circuit Court
yesterday iagalnst Oscar Stone, who de
frauded many Portland people in timber
land dealscharglng him with larceny by
bailee. The complainant is Dr. . C. .W.
Cornelius, who alleges that he lost $350
by doing business with Stone. The ac
cused Is still, confined In the County Jail,
and Will probably be arraigned today be
fore Judge Cicland. Stone was returned
to Portland last,. week by Sheriff Storey,
who found him" at Sand Point, Idaho, and
caused his arrest.
Court Notes.
Articles of Incorporation of the Gallco
Consolidated Mines Company were filed
yesterday by Elbert E. Cable, Milton
weldler and Albert B. Cousin; capital
stock, $2,000,000.
Incorporation articles of the Consolidat
ed Mines Company were filed yesterday
by Gustave B. Hengen, Ossian F. Paxton
ana Nathan D. Simon; capital stock,
$2,000,000. The objects are to develop and
operate mines.
Articles of incorporation of the Sinclair
Provision Company were filed in the
County Clerk's office yesterday, by R. W.
Blackwood, Friend D. Simmons and Cecil
Bauer; capital jstock $5000. The objects
are to buy, sell and deal in livestock, con
struct and operate slaughter-houses,
packing-houses, smokehouses, and to deal
In fresh and cured meats.
Government Printing Office Issues
Useful Pamphlet.
ington, Sept. 8. One of the most useful
pamphlets Issued by the' Government
Printing Office is a directory , of the Unit
ed States Senate, in which are given the
names of the Senators, members of com
mittees, both standing and select, and
other handy Information.
The officers of the Senate are: Hon.
William P. Frye, president protem.;
P. P. T Preeldent pro tempore. L. C, Legislative Clerk. S. A.. Sergeant-at-Arms.
Sec, Secretary. R. C., Reading Clerk. D., Assistant Doorkeeper.
C. C. Chief Clerk. . J. C., Journal Clerk. R. and P., Reporters.
SenatorFulton draws 70; Senator Mitchell 83.
Penrose7 Boles. . 24. Scott, Nathan B. 47. Quarles, Jos. V.
Depew, C. il. 25. Burrows, Julius C. 48. Nelson, Knute.
Quay, Matthew S. 26. Lodge, Henry C.
Piatt, Thomas C. 27. Hoar, George F.
Fairbanks, C. W. 28. Hale, Eugene.
Piatt, Orvllle H. 20. Proctor, Rcdfleld.
Galllnger. J. H. 30. Allison. Wm. B.
Cullom, Shelby M. 81. Spooner, John C.
Frye, William P. 32. Berry. James H.
Morgan, John T. 33. Daniel, John W.
Blackburn, J. C; S. 34. Patterson, T. M.
Martin, Thomas S. 85. Gorman, A. P.
Cockrell. F. M. 30. Bacon, Aug. O.
Pettus, Edmund W. 37. Culberson, C A.
McEnery, S. D. 38. Money, H. D.
Beverldge, A. J. 30. McLaurln. A. J.
Xean, John. 40. Dryden, John F.
Vacant. 41. Long, Chester L
Millard, Joseph H. 42. Allee, J. Frank.
Burnham. H. E. 43. Klttredge. A. B.
Elklns, S. B. 44. Kearns, Thomas.
Foster, Addison G. 45. Clapp, Moses E
Wetmore, G. P.
46. Clark, Clarence D.
CharlpH O. Bennett, secretary: Daniel M.
Ransdell, sergeant-at-arms; Rev. Will
iam H. Milburn, chaplain.
The Senators are as follows:
-v- , aA nMnfiiv Eznlres
Nelson W. Aldrlch, Providence, R. X.....1U05
Russell, A Alger, ueiroii, aiicn
I. T7.,, A lino Tnv.r nl- .1007
William B. Allison, Dubuque, lowa 1W09
Ievl AnKeny, waua, vmu v
Augustus O. Bacon. Macon, Ga, wn
Joseph W. Balles. Galnesvlile. Texas ....19(h
L. Helsler Ball. Faulkland, Del 1905
Thomas R. Bard, Hueneme, Csl. 1905
William B. Bate, Nashville. Tenn. l0o
James H. Berry. Bentonvllle. Ark. ......1907
Albert J. Beverldge. Indianapolis, Ind....l905
Joseph C. S. Blackburn. Versailles, Ky...l007
Henry E. Burnham, Manchester, N. H....1907
Julius C Burrows, Kalamazoo, Mich 1005
Joseph R. Burton, Abilene, Kansas 1907
Edward W. Carmack, Memphis, Tenn.... 1907
Moses E. Clapp. St. Paul. Minn -.1905
Clarence D. Clark. Evanston, Wyo 1905
William A. Clark, Butte. Mont... .......1907
JamtfS P. Clarke. Little Rock, Ark 1909
Alexander S. Clay. Marietta. Ga 1909
Francis M. Cockrell, Warrensburg, Mo.... 1905
Charles A. Culberson. Dallas. Tex 1905
Shelby M. Cullom, Springfield, 111 19U7
John W. Daniel. Lynchburg. Va 1805
Charles H. Dietrich. Hastings, Neb 1005
Chauncey M. Depew, New York City.... 1905
William P. Dillingham. Waterbury, Vt....l909
TnnnfhnTi T Dolllver. Vt Dodire. Iowa....l907
John P. Drvden. Newark. N. J. 1907 J
Fred T. Dubois. Blackfoot, Idaho 1907
Stephen B. ElUlns, Elklns. W. Va 1907
Charles W. Fairbanks, Indianapolis, lnd.,1909
Joseph. B. Foraker, Cincinnati, O 1909
Addison G. Foster, Tacoma, Wash 1905
Murphy J. Foster, Franklin, La 1907
William P. Frye, Lewlston, Me 1907
nhnrlna W TTiilton Astoria. Or 1909
Jacob H. Galllnger. Concord, N. H 1003d
ItpDen J. u amine, iiiiiKiuu, o. u. ....... ..imi-
Paris Gibson, Great Falls, Mont.... 1905
Arthur P. Gorman, Laurel. Md .......1009
Eugene Hale, Ellsworth. Me -.1005
Marcus A. Hanna, Cleveland, 0 1905
Henry C. Hansbrough, Devil's Lake, N. D.1909
Joseph R Hawley, Hartford. Conn 1905
Weldon B. Heyburn. Wallace, Idaho ....1909
George F. Hoar, Worcester, Mass 1907
Albert J. Hopkins. Aurora, 111 1909
John Kean, Elisabeth. N. J 1905
Thomas Kearns, Salt Lake City, Utah.... 1905
A. B. Klttredge, Sioux Falls, S. Dak 1909
sbury C. Latimer, Bel ton, S- C 1909
Henry Cabot Lodge, Nahant Mass 1005
Chester L Long, Medicine Lodge, Kan... 1909
Louis E. McComas, WUHamsport, Md 1905
James B. McCreary, Richmond, Ky 1909
Porter J. McCumber. Wahpeton. N. Dak. 1905
Samuel D. McEnery, New Orleans, La. .1909
Anslem J. McLaurin. Brandon, Miss.... 1907
Stephen R Mallory. Pensacola, Fla
Thomas S. Martin, Scottsvllle. Va 1907
Joseph H. Millard, Omaha, Neb 1907
John H. Mitchell. Portland. Or 1907
H. D. Money. Carroll ton. Miss 1005
John T. Morgan, Selma. Ala 1907
Knute Nelson. Alexandria, Minn 1907
Francis G. Newlands, Reno, Nev 1909
Lee S. Overman, Salisbury. S. C 1909
Thomas M. Patterson. Denver, Colo 1907
Boles Penrose, Philadelphia. Pa 1909
George C. Perkins. Oakland, Cal 1909
Edmund W. Pettus. Selma, Ala 1909
Orvllle H. Piatt. Merlden, Conn. 1909
Thomas H. Piatt, Owego, N. T 1909
Redfleld Proctor. Proctor. Vt 1905
Joseph V. Quarles. Milwaukee, Wis 1905
MfStfhow S. Onav. Beaver. Pa 1905
Nathan B. Scott, Wheeling, W. Va 1905
Furnlfold McL. Simmons, Raleigh, N. C..1907
Reed -Smoot, Provo, Utah 1909
JohnC. Spooner, Madison, Wis 1909
William M. Stewart. Carson City, Nev.... 1905
William J. Stone. St. Louis, Mo 1909
James P. Taliaferro, Jacksonville, Fla... 1905
Henry M. Teller, Central City, Colo.' 1009
Benjamin R. Tillman. Trenton, S. C 1007
Francis B. Warren, Cheyenne, Wyo .......1907
George P. Wetmore, Newport, R. 1 1007
Some of the standing committees are:
Appropriations Messrs. Allison,, chairman;
Hale. Cullom. Perkins, Warren, Wetmore,
Quay, Cockrell, Teller, Berry, Tillman, Daniel.
Forest reservations, etc Messrs. Burton,
chairmen; Depew, Perkins, Clark of Wyom
ing, , Kearns, Klttredge, Morgan, Tillman,
Gibson, Simmons.
Irrigation of Arid Lands Messrs. . chair-.
man; Warren, Stewart, Quarles, Bard, Quay,
Kearns, Dietrich, Bailey, Patterson, Gibson,
three members unannounced.
Pacific Railroads Messrs. Dolllver, chairman;
Frye. Foraker, Stewart. Millard, Morgan,
Taliaferro, two .members- unannounced,
Railroads Messrs. Clark of Wyoming, chair
man; Nelson, Lodge, Hawley,' WetmoreXScoti,
Bard, -Bacon, Pettus, .Money, Carmack.
Of the select committees, that on Industrial
Expositions Is composed- of Messrs, .Burnham,
chairman; Hawley, Hansbrough, Lodge, Scott,
Daniel, Cockrell, Carmack, "Gibson, three mem
bers not announced.
Modify Shcep-Dlseaso Order.
CHEYENNE. Wyo.. Sept. 8. After lis
tening to protests of sheepowners against
the recent order compelling the dipping
of all sheep on -account of the prevalence
of scab, the Board of Sheep Commlsslon
crsltoday modified the order so as to allow
flocks not affected by scab to have clean
bills of health, inspection to begin at
once. -v
Barbed. Wire Fence Makes Rate War
. More Interesting Steamship Eva
Coming .for More Lumber.
Figures showing the work accomplished
last month by the Port of Portland's 30
Inch dredge Columbia have been compiled.
The record is one that has never been
surpassed by this dredge, nor probably
by any other machine of her class in the
world. On August 4 the Columbia was
taken down to Willow Bar, and at 6 A. M.
the following day began operations on
the new ship channel, working almost
continuously at It during the remainder
of the month. In the 462 working hours
that she was employed there, the dredge
excavated 294,276 cubic yards of material.
The work consisted first of a channel 150
feet wide over the bar, that was of press
ing importance to shipping, and later this
was extended to a uniform width of 300
feet. The month's employment was the
70. Fulton, Cbas. W.
71. Ball, L. Helsler.
72. Ankeny, Levi.
73. Smoot, Reed.
74. Heyburn, W. B.
75. Alger, Russell A.
76. Gamble, Robert J.
77. Bard, Thomas R.
78. Hopkins, Albert J.
70. Dolllver, J. P.
80. Dietrich, Chas. H.
81. Burton, Joseph R.
62. Dillingham, W. P.
83. Mitchell. John H.
84. Carmack. Edw. W.
85. Newlands, F. G.
86. Clarke, Jas. P.
87. Simmons, F. McL.
88. Overman, Lee S.
89. Stone, Wm. J.
00. Gibson, Paris.
91. Latimer, AsburyC.
49. McCumber, P. J.
CO. Hanna, Marcus A.
61. Perkins, Geo. C.
62. Foraker, Joseph B.
53. Aldrlch. Nelson W.
64. Hansbrough, H. C.
55. Hawley, Joseph R.
50. McComas, Louis E.
57. Warren, F. E.
6S: Stewart, Wm. M.
59. Tillman, B. R.
00. Bailey, Joseph W.
61. Teller, Henry M.
62. Clay, Alexander S.
63. McCreary, J. B.
64. Clark, Wm. A.
65. Mallory, S. B.
66. Bate, William B.
67. Taliaferro, J. P.
68. Dubois, Fred T.
69. Foster, Murphy J.
first opportunity that tho big dredge has
had of showing what she can do, and the
result Is highly gratifying to the Port
of Portland commisisoners.
The cut at Willow Bar will be entirely
completed In a day or two, and then the
Columbia will be moved down to Mar
tin's Island and to Doublebower's, where
some bothersome Bhoals exist, which can
be removed. in a short time. The smaller
dredge" Portland Is at work off the Ore
gon Water Power & Railway Company's
dock In the upper harbor, enlarging the
Foreign. Vessels Still Carry the Balk
of It.
For the first seven months in 1S03 the
total value of exports of domestio mer
chandlse was $772,120,347 and for the cor
responding seven months in 1902, $710,379,
935, while for the first seven months of
1901 it was $813,143,034.
In 1901 American steam vessels carried
$35,766,590; In 1902 $39,157,813, and this year
$43,977,751, while the total amount carried
In foreign steam vessels In 1901 was $673,-
545,373, In 1902 was $561,920,884, and In 1903
American sailing vessels )n 1901 carried
$5,877,235 of the total; in 1902 56.173,922, and
In 1903 $5,726,901, while foreign sailing ves
sels carried In 1901 $32,625,518; In 1902 $32,-
422,349, and In 1903 $29,346,535.
In the seven months of this year British
steam vessels have carried $420,489,195 of
the exports as compared with $376,136,565
for the first seven months of 1902.
German ships have carried $84,094,860 this
year compared with $76,444,944 for the cor
responding period last year.
For the seven months ending July last.
the total value of exports of foreign mer
chandise was $17,36S,430, compared with
$16,606,85o last year, of which there was
carried in American steam vessels $1,416,
'557, and In American sailing vessels $43,-
The mode of transportation for the two
years is shown In the appended fable:
1902. 1903.
Cars and land vehicles... $4,909,639 $6,503,255
uarnea American steam
vessels 1,487,821 1,416,557
carriea American sailing
vessels 72.634 43,873
carried foreign steam
vessels .... 10.039.519 9.276,872
earned ioreign sailing
vessels 97,242 127,872
Regulator Line Prevents Opposition
Boats Landing: at Lyle.
THE DALLES, Or., Sept 8. (Special.)
A touch of variety was tonight added to
the chief topic of interest, the steamboat
controversy and rate war, by the report
from Lyle that the Regulator line, which
owns the water front of the Lyle town
site, had today fenced up Its landing with
wire fence, thus prohibiting any steamers
other than their own from landing at that
point. The fence is about a quarter of a
mile In length, consists of eight barbed
wires, with the necessary standards, and
reaches from the beach to the point of
the bluff, making an effectual bar to the
Further Interest in this fence is aroused
by the rumor that tho Regulator dock
stands squarely in the end of the county
road, from which enemies of the line de
clare It can be ousted by the county offi
cials of Klickitat County.
The Gatrert and Spencer arrived up this
afternoon, each with a .large passenger
list of excursionists. The Gatzert's crowd
out from Portland numbered 247, and the
Spencer's 162.
Express Thanks to Captain Turner
for Court eons Treatment.
ASTORIA, Or., Sept. 9. (Special.) At
the meeting of the Columbia River Fish
ormcn's Protective Union this evening
resolutions were passed thanking Cap
tain Turner, of tho steamer T. J. Pot
ter, for tho cdre exercised by him In
running the steamer between this city
and Ilwnco during the fishing season in
order to interfere as little as possible with
the fishermen's gear. Tho resolutions are
as. follows:
Whereas, Captain Joseph Turner, of tho
steamer Ts J. Pottor, has, during the past
fishing season, 'used- the greatest- care' and
caution In the handling of his steamer so
as to avoid as far as possible endangering
the lives and property of tho members of tho
Columbia River Fishermen's Protective Un
ion. Whereas, Captain Turner has co-operated
with the officers of this -union in the effort
to make fishing in the lower river safer and
as a result no accidents have occurred for,
which the said steamer T. J. Potter was re-"
Resolved, That the thanks of this union be
extended to Captain Turner In appreciation
of .his action and gentlemanly conduct and
that the secretary be directed to furnish
him w.lth a copy of these resolutions.
Steamer Will Load
Next Month..
The Pacific Export Lumber Company
has taken the big German steamship Eva
on another time charter. The steamer Is
due here the last of this month, and will
no doubt load for the Orient. The Eva
was here in the early part of the Sum
mer, sailing July 2 for Port Arthur with
2.5S9.9S4' feet of lumber, worth $30,600. She
arrived at her destination on the other
side 30 days after leading port, and after
discharging her cargo proceeded to Moji,
Japan. There the steamer took on gen
eral cargo for San Francisco, sailing back
for this side August 20.
The Pacific Export Company has also
chartered the well-known schooner Luzon
to load lumber here for Shanghai.
More Ships Lost In Hnrricane.
MOBILE, Ala., Sept 8. Captain J. M.
Scott, of the British schooner Bartholdi,
received a letter today from Captain Fos
ter, of the British schooner Emerald, tell-
ng of the loss of three additional vessels
at Grand Caymen during the recent hur
ricane which were not mentioned In the
other reports. The vessels are the schoon
ers Georgiana, Active and Clyde. The
letter also stated that tho British
schooner Ocean Flower, previously re
ported lost had been saved. The letter
reports the loss of many small 'coasting
Fishing: Tag: Xot Lost.
SANDUSKY. O., Sept 8. Tho fishing
tug Louise, which It was feared had gone
down with more than 100 passengers In
the big storm on Lake Erie yesterday,
arrived here today from Leamington, Ont
Everybody on board was safe, but sick.
After "a terrific struggle with the waves
the Louise got into the lee of Pelce Island,
where she lay several hours until the
storm had subsided. Scores of the friends
and relatives of those on board the vessel
remained on the docks all night In the
greatest anxiety.
Only Ballast He Conld Get.
ASTORIA, Or., Sept 9. (Special.) Cap
tain Korff, of the British bark Australia,
was aware that he would be quarantined
on arriving here because of tho character
of his ballast Before taking on ballast
at Shanghai he Informed his owners of
the predicament he was in and the Impos
sibility to secure other ballast Then,
acting on Instructions from them, he took
on the mud ballast from the river bottom
Marine Xotes.
The Port Patrick, which arrived at As
toria yesterday from Hamburg, brings
general cargo to Girvln & Eyre, and Is
not chartered outward.
The battleship Slava, which is one of
the largest vessels In the Russian navy.
was launched August at tne .Baltic
yards. The Slava, which was laid down In
1901, Is of 13,600 tons displacement 16,000
At no time since acquiring the dignity
of statehood has Oregon been confronted
with so serious a problem as that which
Is facing her today the maintenance and
governing of her public range. The dif
ficulty of Its solution Is In Its complexity.
It is a matter that the state cannot
handle without the aid of the National
Government, for It involves the laws of
both. As for the maintenance and im
provement of the range, that must be
considered from both a scientific and Ju
dicial standpoint, while Its general use
Is largely a question of equity.
In discussing this matter It might be
well to first note the changes that have
taken place in the condition of the pub
lic range since the first settlement of.
the state, and quote various suggestions
for the Improvement of the feed. Fol
lowlng this I will present the various
features of the range war as I have ob
served them In my extensive trips through
Eastern and Central Oregon.
Between 20 and 30 years ago, the hills
and valleys of Eastern Oregon were cov
ered with tall bunch grass that the lim
ited supply of stock could not harm. But
little hay was required for Winter feed
ing in those days, unless tho season was
severe, for dead grass could be found
everywhere projecting above the snow,
and on this the stock could feed till tho
hills became green In the Spring and the
new grass took Its place. Cattle were
the greatest source of profit then, for
sheep-ralslng had not become so popular
as It is In many places now. Those were
the days when the cowboy was In his
glory, and when the Inhabitants of the
little towns often had to let him have
the freedom of the ,place when he made
a visit If,, he wanted to ride his horse
into a saloon, shoot out the lights or
pepper a signboard with bullets, he gen
erally did so without any danger of being
restrained. Still, this usual exhibition of
lawlessness was m'ore comical than seri
ous, and only when it resulted in per
sonal injury did the more peaceably In
clined citizens pay any attention to it
It was a time, too, when money was
easily made. Men and companies gained
possession of large tracts of land, and
In fencing it sometimes got the lines
crooked and enclosed largo tracts to
which the Government is now laying
But the good, old times for the cowboys
and the easy monopoly for the extensive
cattle-owners have passed, in almost all
localities. Sheepowners and the owners
of small ranches have come to claim a
share of the range, and the profits of
tho great cattle companies have materi
ally lessened. The periodic "round-ups"
are in most places done away with, and
the cowboy of today Is generally a peace
able, law-abiding man, who often owns
a little home of his own and is the head
of a happy little family. Occasionally you
can see one of tho would-be-tough spe
cies, but there Is only one place In Ore
gon where he dares to exhibit -his wild
ways now, and even in that little town ho
Is losing his authority. Modern civiliza
tion is working its change In Eastern
Oregon and the peculiar features of fron
tier life will have soon vanished.
However, there will always be a large
amount of stock produced In Eastern Ore
gon, for there are great areas that con
sist of broken hlll3 where agriculture can
not be carried on in any way. These are
now becoming denuded of bunch grass and
a bitter strife Is being carried on in some
places between sheep and cattle owners
for their possession. Unless some legal
action Is taken soon to improve the grass
and regulate the rights of the opposing
forces the range will continue to lessen
in its productivity and human life and
much property will be wasted In the
struggle for Its possession.
There is a remarkable difference of
opinion among stockmen In regard to
what ought to be done to improve the
range. I have asked almost a hundred
men for their Ideas on the best method
of accomplishing that end, and have re
ceived a great variety, of answers. There
are a few who even say that the range Is
not overcrowded and that the lack of feed
Is due only to tho condition of the season,
but these, I notice, aro men who do not
own stock or who have not been here long
enough to realize the change that is tak
ing place. Men who are In a position to
know agree that the range is being 'rapid
ly ruined, and my personal knowledgo of
iiorsepower, and 276 feet long. SB has
an armor belt of 9.4 inches, and carries
an armament of four 12-lnch guns, 12 six
Inch guns, 20 three-Inch guns, 20 -three-pounders,
and six one-pounders. Her
speed Is to be IS knots, and her crew will
number 740.
The O. R. & N. steamer T. J. Potter has
gone on the Astoria night run for a week
or ten days. In place of the Hassalo, while
the latter Is being overhauled In prepara
tion for Winter service.
R. F. Barnes, Deputy Collector of Cus
toms, yesterday completed tho measure-,
ments of the new steamer Telephone,
which are: Length, 201.5 feet; beam, 3L
feet; depth, 8 feet; gross tonnage, 794; net
tonnage, 539.
The steamer Francis H. Leggett, which
went down to Rainier to complete her
cargo for San Francisco, could not find
enough lumber available there and came
back to Inman, Poulsen & Co.'b mill,
where she will finish.
The steamer Alliance arrived yesterday
with 210 tons of redwood from Eureka
and a large quantity of merchandise from
Coos Bay. She also brought a good list
of passengers from the latter port. Tho
steamer discharged her cargo at Alns
worth and Couch-street docks.
The schooner Carrier Dove, which sailed
In April -from Hastings for Shanghai and
went ashore on July 6 ten miles north
of the Tangtse-KIang River, Is to be
sold at auction to the highest bidder. She
was floated July 11 and towed to Shanghai,
where she was found to be badly Injured.
Domestic and Foreign. Ports.
ASTORIA, Sept. 8. Arrived at 12 M.
British ship Port Patrick, from Hamburg.
Left up at 10 A. M. American ship C. F.
Sargent. Condition of the bar at 5 P. M.,
moderate; wind, northwest; weather, clear.
San Francisco, SepJ. 8. Arrived Steamer
G. C Llndauer, from Portland.
Tacoma. Sept. 8. Arrived Steamer Cen
tennial, from San Francisco; steamer City
of Puebla, from San Francisco; l '.earner Al
XL from Juneau; United States Revenue
cutter Grant from Seattle. Sailed Brit
ish bark Astoria, for Chill, via Port Towns
end. San Francisco, Sept. 8. Arrived Tug Sea
Rover, from Sluslaw; steamer Centralla,
from Gray's Harbor; steamer Mackinaw,
from Tacoma; schooner Charles Hanson,
from Bristol Bay; schooner Dauntless, from
Gray's Harbor; steamer Hero, from Lady
smith; bark Euterpe, from Bristol Bay;
schooner Allco Cook, from Port Gamble.
Sailed Steamer Umatilla, for Victoria;
schooner Nokomis, for Gray's Harbor.
Now York, Sept. 8. Arrived Neapolitan,
from Naples and Genoa; Georglc, from Liv
erpool. Sailed Kronprinz Wllhelm, for
Bremen, via Plymouth and Cherbourg; Ar
menlan, for Liverpool.
Plymouth, Sept. 8. Arrived Patricia,
from New York, for Cherbourg and Ham
burg, and proceeded.
Genoa Sailed 5th Sardinia, for New
Havrs Sailed 7th La Gascogno, for New
Liverpool, Sept. 8. Arrived Devonian,
from Boston.
Queenstown. Sept 8. Arrived Friesland,
from Philadelphia, for Liverpool, and pro
New York, Sept. 8. Arrived Cltda Glla-
no, from Genoa, etc
Cherbourg. Sept. 8. Arrived Patricia,
from New York, via Plymouth, for Ham
Liverpool, Sept 8. Sailed Soxonla, for
Seattle, Sept. 8. Arrived Japanese
steamer Ioy Maru, from Honk Kong. Sailed
Steamer Cottage City, for - Skagway;
steamer Bertha, for Valdes. Arrived
Steamer Aberdeen, from San Francisco.
San Francisco, Sept. 8. Charles Gounod,
anchored oft port; leaves for Portland Sep
tember 0.
conditions years ago and at the present
time makes me realize that they are
speaking the truth. The range should bo
protected and Improved, that Is certain
but how thi3 can best be accomplished Is
xne question tnat is not easily ran-
One man who has spent nearly all his
life in the saddle, while riding over the
ranges of Eastern Oregon, t61d me that
he thought that the range should be put
under tho supervision of wardens, whose
duty it should be to see that only a cer
tain proportion of stock should be allowed
In eacn locality, and that each land
owner should be given the right to pas
ture a number of cattlo In accordance
with the amount of land he owns. The
stockowners should have the power, he
thought, to elect this warden and should
have a voice in making the rules that
must govern his actions. He suggested
too, that it might be well to have the
range divided into districts whero the
people could govern them similar to that
of Irrigation districts that are In ex
istence in many places. It was his opln
ion that If the number of stock on tho
range was materially lessened the grass
would revive of Its own accord.
Another plan was to have the range dl
vlded Into sections and let each section
have a period of a year or two of rest,
wnen it couia reseed itself. In many
places the grass 13 kept eaten down so
short that no seed is grown and, when
the old roots shall have died, there will
be no chance for a new growth. It Is be
lieved that a range warden would bo
necessary In this case also .to enforce
'no tresspassing" order ort each dis
trict in turn.
Some express the opinion that the ex
perlment stations should pay more at
tention to range grasses and should study
every possible mcan3 for obtaining
plant that would take the place of bunch
grass, which is rapidly disappearing.
There are a few also who believe tha
the range question should be left to set
tie Itself.
"This talk of having to And some way
to preserve tne range Is all nonsense.
said one man. "Just let tho range .get
eaten off, and they will have to sell their
stock or let them die. Then the crass
will have a chance to grow again and In
that way It will regulate Itself. It Is the
only way we can get rid of these big
stocK companies and for that reason
more than any other I would like to see a-
gamo of starve out."
Why Cattlemen Dislike Sheep,
Just as positive and negative currents of
electricity cannot be made to flow through
the same wire at the same time, so is it
Impossible to range sheep and cattle to
gether with success. They are opposing
forces that cannot be nfade to harmonize.
It Is because many people do not under
stand this fact that they fall to see ,why
there are such things as range wars.
Cattle will not, and very often cannot,
feed on the ground where sheep have re
cently been driven. Sheep have a peculiar
odor that attaches for a long time to
things they touch. Cattle are not dainty,
but, when they find grass that gives forth
the scent of sheep, they will not eat It It
Is just as repugnant to them as the dis
gusting odor of a Chinaman Is to most
white people. But even if they had no
objection to the peculiar smell of sheep
they could seldom feed where the latter
.have been, for there Is usually nothing
left for them to eat. Sheep, with their
small mouths and even teeth, can nip the
kgrass much closer to the ground than
can cattle, and hence the latter must
starve on land where tha former are pas
turing. In addition to these reasons cattlemen
object to sheep on the ground that they
kill the grass. It is often said by them
that the sheep jerk the grass out of the
ground by the roots where tho earth Is
loose, and that their little sharp hoofs,
where they come in such great numbers,
harden the surfaco of the ground to such
an extent that the tender shoots of grass
cannot break through It
The active opposition of cattlemen- to
sheep varies In different sections. In the
extreme southeastern counties the antag
onism Is not very strong at present In
the Blue Mountains the small ranchers
and cattle-owners are organizing to fight
the sheep that are being driven there
each Summer from the Deschutes and
lower John Day countries. In tho latter
sections the sheep men are now practically
in control, for many cattle-owners navo
felt themselves forced to sell out and in
vest in sheep. Then, too, in .these locali
ties so much land Is enclosed with fences
that the public range Is comparatively
In tho Blue Mountains the strife be
tween sheep and cattle interests Is as
suming a more serious appearance each
year. If the sheep from other places
would not Intrude It Is probable that local
owners would divide the range In a sat
isfactory way to suit each side, but there
is a strong sentiment against outside
herds. One objection to them is that they
pay no local taxes and are ruining the
country. Lines have been drawn by cat
tlemen, apd they warn all sheep-herders
not to go beyond them.
Where the public road crosses the sum
mit of the mountains between Bear Creek
and Canyon Creek in Grant County there
Is a notice posted on a tree that attracts
the attention of every passer-by. It Is
written on a board with black paint and
has been there for several years I am
told, but is repainted when It becomes dim
with age, It reads as follows:
"No Sheep AlloudI "
The peculiar spelling may confuse the
stranger in regard to what is meant but
the sheepmen understand quite readily.
That the stockmen of the region are In
earnest In their fight is evident from
their actions. Accidentally I stumbled on
to a few facts while I was there that are
not generally known. One of these is that
the stockmen are systematically organized
to protect what they hold as their "In
alienable rights." I learned from reliable
sources that a large quantity of ammuni
tion had been shipped to certain localities
to bo used In case of necessity.
One man told me that he did not believe
in mob law, but he intended to protect his
own resources for a living even If ho had
to sell his coat to buy cartridges.
From the Sheepman's Standpoint.
Local sheepmen in the sections where
tho range wars sometimes exist aro mak
lng but little show of opposition to the
demands of the cattle owners. Perhaps It
is because they are generally In the
minority, and feel that remonstrance
would only be tho cause of more trouble.
They usually blame the outside sheep
owners for their troubles, and say that
If It had not been for the latter there
would be no difficulty. Yet It Is on their
own heads that vengeance often falls.
This they explain by saying that the at
tacks on their sheep are by a hoodlum
element and not by actual cattle owners.
Owners of sheep from the lower and
more open sections say that It 13 neces
sary for them to drive their sheep into
the Blue Mountains during the Summer.
that the shade of the timber may pro
tect them from the heat of the sun. They
say, too, that their sheep cannot exist
entirely on bunch grass, but must be
transferred to timber grass occasionally,
or they will become diseased and will
die In great numbers. In the eyes of
the law, they have a perfect right to
take their sheep on any public ran
that Is not Included In a reserve, and
they say they will resist the self-imposed
authority of cattlemen.
Thus we have the arguments on both
sides of the vexed range question. The
cattlemen and mountain ranchers are
fighting because they claim that justice
and the necessity of self-preservation
aro on their side, while tho opposing side
argue necessity and a legal and a Just
right for their actions.
Hotv Can Matters Be Adjusted
It is difficult for lawmakers, as a rule,
to arrive at an unbiased opinion on the
range question. They must depend for
Information on men who have interests,
generally, on one or tho other side of
the case, and even these vary greatly in
their opinions. Let a legislator travel
through Eastern Oregon and make in
ouirles on every hand concerning the
range situation, and the answers he
would receive would be most confusing.
The most practical and satisfactory way
to aid in the settlement of this many
sided question would be, it seems, to en
courage the organization of all stockmen
In each locality and nave delegates ap
pointed from each place to meet In state
conventions at regular periods. They
could thus present various views and sug
gestions for the maintenance and improve
ment of the range, Its division for the
opposing factions that claim rights to It,
and could agree on various reports to be
prepared for the use of the State Legis
lature and Congress. They are the men
who are most Interested, who understand
the various phases of the question better
than all others, and it Is their duty and
to their own Interest that they should put
aside all childish and stubborn Inclina
tions and act In harmony for their own
general poorf P.L A. JOHNSON.
Lake Plasters
Possess the
A comforting relief for
Rheumatism, Neuralgia Back
Ache, Lumbago and all Kidney
and Bladder complaints,
Strains and Sprains.
fndorsed by the
Highest Medical Authorities.
Plasters, 25c each,
at all drug stores.
Indian Head Brand the only
genuine Take no substitute.
Sole Manufacturers.
In 20 to 40 days without tne use of potash
or mercury, to stay cured forever. Keflex
disorders from excesses In early life, lost
manhood and debility, promptly and perma
nently cured. Every case accepted under legal
Send for free book.
Pretty boxes and odors
are used to sell such
soaps, as no one vdul&
touch if he saw them un
disguised; Beware ' of - a
soap that " depends on
something outside of it.
Pears', the finest soap
in the world is scented or
not, as you wish; and the
money is in the merchan
dise, not in the box.
Established over ioo years. s
but don't blame your wife
or the cook before breakfast if
yon wake np in the morning with
a dark-brown taste and that dull
ache over the eyes. You know
when you first get out of bed take.
twcteaspoonfuls of Abbey's Salt,
of Fruits in a tumbler of water,
not cold, and you will not want to
blame any one after breakfast.
A most pleasant-tasting tonic
laxative is Abbey's Salt, It is ex
actly suited to the needs of the
human stomach, bowels and liver.
It enriches the blood and rids it of
poisonous matter, tones np the
stomach and digestive organs and
gives you a dear head for the
day's work.
An absolute guarantee goes
with every bottle that there is
nothing good for the bowels
as Abbey's Effervescent Salt of
H Fruits. If after using one bottle
j! you do not agree with us, we will
g give your money back. Sold by
H drug stores all over the world
M 25c, COc. and SI per bottle.
H Sample bottle and booklet free by
g addressing The Abbey Efferves-
cent Salt Co., Ltd., 9 to 15 Murray
H St., New York City ; 144 Queen
H Victoria St., London, England, or
M 712 Craig St., Montreal. Canada.
From Nerv ousness
and Insomnia
Through Dr. Miles
Nervine, I Use
Dr. Miles' Anii-Pain fills
For Headache.
"I have been troubled greatly wtih sleep
lessness and nervousness for twenty-five
years. I have never taken Dr. Miles' Nerv-'
ine steadily for a long time but it never falls
to help me when I do take it.' In addition to
this I can say that my general health is much
better since my occasional use of Nervine,
than it was several years ago. I have used
Dr. Miles' Anti-Pain Pills for neuralgia and
nervous headaches and have always
had prompt relief. The headaches usually
occur at intervals in the morning and
by taking a Pain Pill when I feel the head
aches coming on I can prevent the attack
entirely. My husband is also subject to
headaches add finds the same relief from the
Anti-Pain Pills that I do. We are perfectly,
willing that you should use our names be
cause of the relief we have found in using
Dr. Miles' Remedies." Mrs. W.H. Beards
LEY, Moscow, Idaho.
There is nothing that will so surely under
mine the health as sleeplessness. A slight
affection of the nerves is sufficient to bring
about this distressing condition and unless
treatment is at once begun it grows worse
rapidly, bringing about loss of appetite, in
digestion, a gradual undermining of nerve
force and vitality, until finally the victim
suffers from nervous prostration. Dr. Miles'
Nervine quiets the nerves so that sleep may
come and fortifies the nervous system against
the attacks of any or all nervous disorders.
All druggists sell and guarantee first bot
tle Dr. Miles' Remedies. Send for free book
on Nervous and Heart Diseases. Address
Dr. Miles Medical Co., Eikbart, Ipd.
Emm Wcsiian
Is Interested and should know
about the wonderfa,
MAKYtL Whirling Spray
The New Ladles" Syringe
Juest, Sufeat, AlOdt
Itk jnr dngglit for It.
If bo cannot supply tho
MIRl'EL. accent CO
other, bnt send stamp for 11
lnitr&ted book tflres
foil nartlcnlars and directions In.
Trainable to ).v1lr PUnVKIiCO...
Room 230 Tlm Bdr.. Nw York.
For male by TVoodnrd, Clarke
1 Permanently Cured b
! nil tatt nntOajlBM.
COB CITATION, er bj uUl. trnttM st
3 Permanent Cnro, not tnly tiporry rtlitf. &raH
:rnToriXuounj,2:pllepfly,8paains, St. Vitas
I Dnco,Debiliiy , Eihanatlon. laraitlim.
BR. R.H.KL1ME. tfL93 1 Arch St.. Philadelphia.
mi a
& Co,