THE MORNING- OEEGONrAN, TUESDAY. NOVEMBER 24, 1903.
TOO MUCH WATER
Greater Economy Is Needed
in Irrigation.
POINTER BY SUPREME COURT
Richmond and Wright Win In Suit
to Reform Notes Contract to Fur
nish Water for Placer Mines
Is Construed.
SATJZfl, Or., Nov. 23. (Special.) The
Supreme Court today banded down de
cisions la Are appealed cases from Cast
era Oregon. Two of these Involved ques
tions as to relative rights of fanners to
water for Irrigation purposes. In one
case the Supreme Court expresses great
reluctance at affirming a decision -which
gives a man SO miner's Inches of water
to irrigate 20 acres of land and In the other
the court tells the litigants that If they
-would use only what they actually need
there would be water enough for all. The
decisions are as follows:
Glage vs. Frost.
This is a suit to enjoin the diversion of
the water of Squaw Creek, a non-navl-g&bie
stream, which rises In the Blue
Mountains. In Wheeler County, and flows' J
la a well-deflned channel through defend
ant's land In "Wheeler County and through
plaintiff's land In Grant County. Plaintiff's
predeceEstjr made an appropriation of
water for Irrigation lmlKM. and defendant
made an appropriation higher up in the
following year. This suit was brought In
IMS to enjoin defendant from Interfering
with plaintiff's rights. The lower court
found that plaintiff Is entitled to 50 Inches
of water from Squaw Creek, miner's meas
ure, at the head of his ditch, and the de
fendant to 10 Inches from Frank's Creek,
and enjoined defendant from Interfering
with the flow of water so awarded.
The only question on appeal was as to
the measure of water to which the parties
are ontitlcd. Plaintiff has under irrigation
30 acres of alfalfa land, and the testi
mony tended to show that all the water
of the creek was necessary for Irrigating
Ms land. One witness, who was uncontra
dicted, was asked what amount of water
would be necessary, and he replied, "I
-would not want to start in with less than
2fe miner's Inches."
The opinion of the Supreme Court says
that while It is possible that so much
water may be necessary at first, it seems
altogether Improbable that such a quan
tity is necessary for the entire Irrigating
fceasen. The opinion shows that at the
rate stated, continuing from July 1 to Sep
tember 19, water enough would flow
through the ditch to cover the land with
water to a depth of ten feet. "That it
requires such a quantity of water to ir
rigate alfalfa or any other crop is un
reasonable, and the computation here
given demonstrates that the witnesses
truthfully testified that they did not un
derstand the method of measuring water."
The testimony also showed that plain
tiff's dam In the creek Is not tight, and
that the water which escapes Is used by
Ills brother ""lower down. As there was
testimony tending to show that if properly
used the water of Squaw Creek would be
BuSldent to Irrigate the lands of both
plaintiff and defendant, the Supreme
Court orders that plaintiff shall be 're
quired, oefore being entitled to the amount
of water awarded him, to maintain a tight
dam of sufficient height to raise the water
to the required head. The cdurt expresses
reluctance at concurring in the award of
W miner's Inches of water and says that
as the decree is silent as to what con
stitutes a miner's Inch of water, we con
clude. In view of the great quantity
awarded, that It should be measured under
a pressure of four Inches." Each party
3s required to pay bis own costs on ap
peal. McPhee vs. Kelsey.
J. D. McPhoe et al., appellants, vs. Ii.
S. Kelsey. rg&pondont, from Baker Coun
ty. Robert Eakln, Judge; reversed. Opin
ion y Justice "Wolverton.
This was a suit brought to enjoin de
fendant from diverting water from a ditch
leading out of North Powder River and
from Hutchinson Slough. The decree In
the court below was adverse to defend
ant. The Supreme Court awards defend
ant and "William Tanner sufficient water
to fill his ditch to half its capacity, and
also as to an additional appropriation,
one-half of the water diverted, less that
tu which Tannor may be entitled.
This case was very complicated, and,
like most water-right cases, was decided
upon the peculiar circumstances and the
needs of the parties. Justice Wolverton
says:
"We are impressed" that persons often
use more water in irrigation than is neces
sary by a systematic careful and eco
nomical application of It, and that if
the Xvater flowing Into this ditch is so em
ployed there wli; be sufficient to supply
the reasonable needs of all these parties."
Richmond vs. Ogden St. Ry. Co.
F. L. Richmond and "W. T. Wright, re
spondents, vs. the Ogden Street Railway
Company, appellant, from Union Coun
ty. M D. Clifford, Judge; affirmed. Opin
ion by Justice Bean.
This was a suit to reform two promis
sory notes executed by plaintiffs and
payable to defendant. The. complaint. al
leges that It was the intention of the
parties that the notes should be made
payable only out of trust funds, and that
plaintiffs should not be personally liable.
The plaintiffs signed the notes "as trustee
of Fred Xodine," and In a decision re
ported in SI Oregon 150. theSupreme Court
held that the plaintiffs were personally
liable so far as the written agreement dis
closed. This suit to reform the notes was
then brought, resulting In a decree for
plaintiffs In the court below. In affirm
ing the decree the Supreme Court says:
"There are two well-defined classes of
mistakes common to parties entering into
contracts: (1) A mistake in law as to
the legal effect of the contract actually
made by them; and, (2) a mistake in law
la reducing to writing the contract, where
by it does not carry- out or effectuate the
intention of the jiarties. In the former
the contract actually entered into will sel
dom if ever be relieved against, unless
there are other equitable features calling
for the interposition of the court. In the
second class the mistake Is not in the con
tract, but terms are used or omitted which
give the instrument a legal effect not In
tended by the parties and different from
the contract actually made, and here
equity will always grant relief unless
barred on some other ground. In the
ca.e at bar Iho mistako clearly falls with
in the latter -rule.
Mining Company vs. Tallmadge.
Gold Ridge Mining Company, appellant.
vs. F. "W. Tallmadge and li. TV. Tall
madge, respondents, from Union County,
Robert Eakln, Judge; reversed. Opinion by
Justice Bean.
The plaintiff corporation is the owner of
a placer mine on Thorn Gulch, near
Sparta, In Baker County. The defendant,
F. "W. Tallmadge, owns a mine at the
head of the gulch above plaintiff and
also owns a water right known as the
Sparta ditch. In 1S97 plaintiff and de
fendant entered Into an ngreement by
which defendant agreed to deliver at
plaintiff's mine, "through and by such
appliances as he may adapt, at least 200
full miner's inches of first or second water,
and to maintain said supply of water at
said point continuously so long as water
will flow in said ditch."
nder the agreement the company was
4 ii . . ' i " " l
WHITE HOUSE . v '
- ' ' ' v - "CAN WE HOLD THE ELE-
gjgSgKr- - r - PHANT IF WE DO LAS-
ggglgP "' ' " o - SO HIM?"
to build a pipe lino to carry the water over
a depression in the gulch,, and this -it
did at a cost of $2912.97, and soon after
filed a lien on the Sparta ditch to se
cure payment of the amount
For about a week defendant furnished
plaintiff with good, clear water with
which It conducted its mining operations.
Thereafter he furnished water heavily
charged with sand and dirt. The debris in
the water was so great in quantity as to
render It unfit for use in placer mining,
for It filled plaintiff's reservoirs, destroyed
Its mining apparatus and was unfit for
use in sluice boxes. The water thus fur
nished was "second" water, or water that
had been uBCd by defendant In his mine
and then sent down, with jill the debris it
contained, to plaintiff's mine.
The question involved IS whether the
"second water, which defendant agreed
to deliver, should be cleared of its debris
before being sent down to plaintiff, or
should be cleaned by plaintiff after he re
ceived It After reviewing the facts, the
Supreme Court holds that where an ar
ticle is to be supplied to a purchaser fot
a particular purpose known to the seller,
there is an implied warranty that It shall
be reasonably fit and suitable for the pur
pose Intended.
"To construe the contract as contended
for by defendant would be to allow him
to use the plaintiff's property as a dump
ing ground for the tailings and mining de
bris from his mine a right which the law
does not give him and which it would be
unreasonable to suppose that the plain
tiff vested in him by contract"
The decree Is for plaintiff as demanded.
Dixon vs. Johnson.
Joseph BLxon and Ed Craig, respondents,
vs. Clarence Johnson, appellant from.
Grant County, M. D. Clifford, Judge; af- J
firmed. Opinion by Justice Wolverton.
Held that where a complaint in a Jus
tice's Court contains a defective state
ment of a good cause of action, and would
have been sufficient after verdict an
amended complaint may be filed in the
Circuit Court, on appeal, provided It does
not change the Issues presented for triaL
SETTLED OUT OF COURT.
Minnie Brugger, With the Aid of the
Governor, Gets Share of Estate.
HILIBORO. Or., Nov. 23. (Special.)
The will contest filed by Minnie Brug
ger against th& estate of the late John
Brugger was settled out of court here
today. The plaintiff was the youngest
daughter of the testator, and althougn he
left an estate valued at 525,000, he left her
but 50, the rest of the property, after
several bequests to charitable institutions
had been made, going to two older sisters,
Mrs. Charles and Mrs. Anderson Rey
nolds. The complainant asked for her
orje-thlrd pf the estate, which would have
netted over JSOOO, if the suit had been suc
cessful. Governor Chamberlain was in town to
day, representing the Minnie Bfugger in
terests, and, a cofnpromiso was effected,
the two sisters who were the beneficiaries
paying the contestant $1500. Brugger'a will
gave the Washington County Poor Farm
5500; the Beavertan St Mary's Home, 5500;
the Boys and Girls' Society of Portland
and St Vincent's Hospital like bequests.
Had the will been successfully contested
these Institutions would haVe lost these
bequests. The Governor this morning
offered to settle for $2000, and when the
slstera offered 1E00 he accepted the prof
fer. Brugger's cutting the girl out with
only $50 was due to his belief that the
plaintiff was an Illegitimate child.
TURNED STATE'S EVIDENCE.
Sheepherder Implicates Tim Drlscoll
In Examination at Weiser.
WEISER, Idaho, Nov. 23. (Special.)
The preliminary trial of Tim Drlscoll and
Robert Nyfoam, charged with stealing
sheep and changing brands, held before
Probate Judge Jeffrys, was concluded at 7
o'clock this evening.
Nyfoam turned state's evidence and gave
all the .facts In the case. He testified
that Drlscoll was present and assisted in
changing the brands. Palmer, the sheep
herder, who escaped, was also implicated.
Drlscoif was held to the District Court
in the sum of 51000. Nyfoam was held as
a witness in the sum of 5100. Driscoll's
sheep have been taken by the Bank of
Weiser, which held a mortgage on them.
Business After Pleasure.
CORVAXJJS, -Or.. Nov. 23. Circuit
Court convened here today. Judge Ben
son, of Klamath, presiding in the ab
sence of Judge Hamilton, who is traveling
for the benefit of his wife's, health. An
adjourned session was to have convened
last Saturday, -but many of the attorneys
desired to attend the football game at
Eugene, 'and court after convening at 9
o'clock, adjourned at once, and Judge
Benson accompanied the excursionists to
Eugene.
For the regular term there are but Si
cases. The only state case Is that of
the State vs. W. H. Wagner, bound over
by Justice Holgate's Court for alleged
assault and battery on the person of R. C.
Klger. The entire session is not ex-
J pected to laBt over two or three days.
ROLLERS TURNED OUT
HURT, OF CORVALLIS, NO
LONGER SHELTERS APOSTLES.
Convinced 'by His Friends He Was
Being Imposed Upon; He Closes
Door Upon Brooks and Creffield.
CORVALL.IS, Or., Nov. 23. O. V. Hurt
will no longer shelter the Holy Rollers In
his home. Apostles Creffield and Brooks
have been ordered out of the hospitable
home which has given them such com
fortable shetler for the past several weeks
and they are thrown upon the cold and
unappreclative world to shift for them
selves as best they can. It was a hard
blow to the two apostles, but one of
which the citizens of Corvallis thoroughly
approve. The -whereabouts of Creffield
are not known. Iast night five prominent
citizens of Corvallis visited the Hurt home
for the purpose of having a quiet talk
with Mr. Creffield, and it was then
learned that Mr. Hurt had given the apos
tles notice to vacate.
Mr. Hurt was warmly congratulated
upon thus summarily getting rid of the
two undesirable workers. Mr. Hurt recent
ly left for Portland for the purpose of
going East to look into the affairs of an
estate while Creffield was attending to the
enlargement of the. Hurt cottage in order
to accommodate a largef number of Roll
ers. Mr. Hurt, however, did not go East
Instead, he returned unexpectedly to Cor
vallis, and with his return came the order
to clear the premises of the rolling apos
tles. It is apparent that friends of Mr.
HUrt managed to convince him that ho
was belhg imposed upon, and that it was
time to bring about a revolution.
That the apostles are not having an
easy time of It Is evident from the story
told about Brooks, who entered the home
of a farmer near Wren's, about 15 miles
oast of Corvallis, and, hungry and tired,
made his way Into the kitchen and got
down upon his knees by the stove and be-v
gan to pray aloud, thanking God that he
had at last found a friendly refuge. He
then told the woman that he was an apos- I
tie from God and demanded that she cook !
him something to eat
"All right" the woman is quoted as
having remarked. "Just wait a few min
utes." Slipping away to a neighbor's house she
summoned assistance, and shortly after
ward Mr. Brooks was again out In the
cold looking for bodily nourishment
ENOUGH FOOD FOR THEM.
Parrlson at Fort Gibbon Has Supplies
for the Winter.'
VANCOUVER BARRACKS, WTash.,
N6v. 23. (Special.) The telegraphic ac
count of the fire at Fort Gibbon, Alaska,
received at Department Headquarters,
showed that the damage done was not as
serious as at first anticipated, only one
warehouse and ono set of "barracks being
burned. Fort Gibbon whs originally built
for two companies of Infantry, and sup
plies and provisions for that amount were
stored in two warehouses. At present It
Is garrisoned with only one company of
the Eighth Infantry, and eight hospital
corps men. Under the command of Cap
tain C. Gerhardt, and the supplies now
on hand are sufficient to carry them
through the Winter. If all the stores had
been destroyed, hardly any of the gar
rison would have escaped death, as Fort
Gibboh is 700 miles from, the source of
supplies.
No Shingle Agreement Yet.
WHATCOM, Wash., Nov. 23. No deci
sion was reached today at the meeting of
the shingle manufacturers of this county
with the committee from the State Shin
gle Manufacturers' Association relative
to a selling .pool for the disposition of
their manufactured product Many ob
stacles presented themselves In the way
of the organization of a selling pool for
the entire state, and the result may be
th organization by counties. No date was
agreed upon for a general closing-down
of the mills, but It was the sense of the
meeting that there should be a close-down
in the near future, for the purpose of
stimulating prices. There will be another
meeting before the proposition Is finally
agreed upon.
Chair Factory Burned.
GRANTS PASS, Or., Nov. 22. NewB
has been received here of the burning
of the chair factory located In Williams
Valley; south of Grant's Pass, and the
property of G. M. Caldwell. Everything
about the factory, together with material
on hand and products recently manufac
tured, was destroyed. The engine and
boiler-house, some distance from the main
factory, wera saved. From all appear
ances tho fire was the -work of on in
cendiary. Hnry Klein's Will.
HELENA, Mont, Nov. 23. Tho terms
of the will of the late Henry Klein, a
well-known capitalist, have been made
known, although the will Is not to be filed
for probate until the arrival here of one
of the executors. Besides liberal bequests
to relatives, he gives to the Wesleyan
Methodist University and St John's Ro
man Catholic Hospital, both of Helena,
$5000 each. The. consumption hospital at
Denver will get ?5000, as will also the He
brew Union College at Cincinnati. (Temple
Emmanuel, of Helena, will get $25w direct,
and probably as much more from the in
dividual beneficiaries.
Labor Not Scarce There.
ST. HELENS, Or., Nov. 23. (Snecial.)
A few weeks ago there was an apparent
scarcity of hands for the mills and log
ging camps, but this condition of affairs
has changed. New men are dally seek
ing employment In the sawmill here, while
others are hunting work in the timber and
wood camps. The Columbia Timber Com
pany, which operates a logging "railway at
Goble, has closed down on account of an
( oversupply of logs. The Pelton Company,
at Rainier, and the Anchor Logging Corn-
pany at D,eer TaJfnd. J".v6 suspended
operations for a time, but County Com
missioner H. Lt Calvin, of Marshland,
and the Columbia fe yNehalem Logging
Company, of Columbia City, are still run
ning. Fugitive From Justice.
LOS ANGELES, Cal., Nov. 23. Sherman
Andrews, for more than two years a con
fidential employe of the Fruitgrowers' Ex
press, the concern which controls the Ar
mour cars used In the shipment of fruit
Is a fugitive from justice. In the hands
of the police is a warrant charging him
with the embezzlement of 53S17.7C of the
company's money. Before His departure
ho confessed his guilt but It was not until
he had been gone more than a day that
the persons to whom he made the confes
sion notified the authorities. The cause
of his downfall is drink, hor&o races and
women.
Barracks Notes.
VANCOUVER BARRACKsf Wash.,
Nov. 23. (Special.) Captalh Le Roy El
tinge, Fifteenth Cavalry, arrived here
last night on a week's leave of absence.
Cantain El tin ere had lust returned with his
regiment from a three years' run of duty
in the Philippines, and will be stationed,
after December 15, at FOrt Ethan Allen,
Vermont ,
Captain Robert erVan Horn, Twelfth
Infantry, on temporary duty here, will
leave the 24th for San Francisco, en route
to Manila, to join the Seventeenth In
fantry, to which ho has just been trans
ferred. Albany Damage Suit' Begun.
ALBANY, Or., Nov. 23. (Specials
Judge George H. Burnett held an ad
journed term of department No. 1 Of the
Circuit Court In Albany today. The 510,
000 damage suit of E. A. Truelova against
the City of Albany was takeruoip on a
motion ofthe plaintiff to strike out the
defendant's answer, because It was not
filed within the tlmo prescribed by law.
The motion was overruled. The case will
be taken up again December 16.
Olympia Republicans Caucused.
OLYMPIA, Wash., Nov. 23. (Special.
Republican caucuses were held in all
wards of the city tonight In nearly all of
the wards friendly agreements were made
between the supporters of Walter Crosby
and H. G. Richardson, candidates for
Mayor, so that but little indication of
their respective strength was had. Pri
maries will be held tomorrow afternoon,
the convention following Saturday.
New Mill at Seaside.
ASTORIA, Or., Nov. 23. (Sjleclal.) The
Seaside Spruce Lumber Company has de
cided to erect a new mill a short distance
above its present planE and it wlil be mod
ern in every particular, having a capacity
of about 60,000 feet per day. It will be
ready for operation next Spring, when
the present plant will be used for a sash
and door factory.
Suit and Foreclosure.
OREGON CITY, Or., Nov. 23. (Special.)
W. J. Burns today brought an action
against John W. Cochran and others to
recover about 52500, with 8 per cent inter
est from 1833. The foreclosure of a mort
gage on 9G0 acres is also asked. The
mortgage was given ae security for the
payment Of the note.
Appeal Bond Defective.
OLYMPIA, Wash., Nov. 23. (Special.
The Supreme Court has dismissed the ap
peal In the case Of F. H. Hawthorn, et
ux.. appclonts, vs., the Washington &
Great Northern Railway Company, re
spondent The appeal bond was defec
tive. The case Is from Ferry County.
Ten Years for Murder.
BUTTE, Mont. Nov. 3. A Dillon spe
cial to the .Miner says that George Pol
lack, convicted ofthe ipUrder Of Richard
Martin, has been sentenced to ten years
In the "penitentiary." Pollack" shof Mar tin
during a row over a drink of whisky.
OVERTAKEN BY, STORM
FAULKNER PARTY HAS NARROW
ESCAPE IN CASCADES.-
Tried to Cross by the, McKcnzIe
Route, but Was Forced to
Turn Back.
LEBANON, Or., Nov. 23. (Special.)
Henry Faulkner and party, who started
over the mountains via the MoKensie
route about three weeks ago, and about
whom considerable anxiety has "been felt
returned to this place yesterday. The
stdrm overtook them when they were at
Lost Creek, IS miles above the McKenzle
bridge. After stopping there a few days
they started across the mountains on
horseback and got as far as the first
summit, where they found the snow about
20 inches deep and 'decided to turn back.
Then they had to wait at Lost Creek
until the Road Supervisor had cut 60
trees out of the road on this side. As
they had plenty of provisions they suf
fered only from cold and dampness. They
will now go home via The Dalles.
The following were in the party: Henry
Faulkner and wlfe.VJJrank Foster, wife
and baby; Thomas Davey and Miss Pearl
York.
BARBER BEATEN TO DEATH.
Font Lawton Soldiers Accused of the
f Murder.
SEATTLE, Wash., Nov. 23.-nJames Sul
livan, a barber, was beaten Into uncon-,
sclousness In the backyard of the Log
Cabin saloon, at Ballard, lost night, and
died today. An autopsy reveals that his
skull was fractured In three places. Pri
vate Joseph Vero, a soldier at Fort Law
ton, Is under arrest and officers have
been sent to the fort to arrest Private
Pat Hatfield, who arc charged with the
murder.
The men, with a Sergeant and two other
soldiers, were in. the saloon, drinking,
when a quarrel arose. Sullivan was In
vited outside by Vera to fight artd passed
out of the door Into the backyard, fol
lowed by Hatfield and Vero. It is alleged
that Vero and Hatfield each picked up a
heavy slab and beat Sullivan into uncon
sciousness. Body of Wi St. Barnes Recovered.
SEATTLE, Wash., Nov. 23. Tho 'body
of W. St Barnes, formerly superintendent
of the Thiol Detective Agency, who fell
overboard from Pier 1, at the foot of
Yesler Way, at 10 o'clock Sunday night,
was recovered by friends this afternoon.
A great hole In the right side of his head
shows where, In falling, he hit the guard
rail of the steamer Humboldt, fracturing
his skull. After hitting the side of the
vessel, he was rendered unconscious,
which accounts for his drowning, as ho
was an expert swimmer.
Republican Primaries Called.
ASTORIA, Or., Nov. 23. (Special.) The
Republican county central committee held
a meeting this afternoon and Issued a call
for primaries to be held Tuesday, De
cember 1, and for a convention Friday,
December 4, for the purpose of nominat
ing a candidate for State Senator to be
voted for at the special election December
16. The Citizens' party has taken no
action as yet, but a meeting of Its cen
tral committee will be held tomorrow af
ternoon. Hillsboro Notes.
HILLSBORO, Or., Nov. 23. (Special.)
J. G. Pellette, a well-known orchardlst
residing on the Tualatin North Plains,
three miles out of this city, was today
adjudged Insane and taken to the asylum
this evening. He has been in ill-health
for several years, and has been afflicted
with suicidal mania for several weeks.
Circuit Court convened here this morn
ing. No grand jury was drawn, and nb
criminal cases taken up.
Asks for Separation.
OREGON CITY, Or., Nov. 23. (Special.)
After 32 years of married life, Alice L.
Wood has brought suit for divorce from
John M. Wood, to whom she was married
at Ionia "County, Michigan, in 1S71. De
sertion In 1S03, following cruel treatment
Is the reason alleged for asking for a
legal separation.
Scarlet Fever at Astoria.
ASTORIA, Or., Nov. 23. (Special.)-City
Physician Pilklngton reported the discov
ery today of two new cases of scarlet
fever among the children in the western
portion of the city. Both cases are of a
mild type and the residences have been
placed under'a strict quarantine.
Admitted to the 'Bar.
SALEM, Or., Nov. 23.."(Speclal.)-J. H.
Ruberson was today admitted to the bar
on nine months' nrobatlon. Ho lives at
I Klamath Falls.
TEN DAYS OUFOF JAIL
EX'CONVICT CAUGHT AT HIS OLp
TRICKS. . n
y ,
Had No Trouble In Passing Forged
Checks on Salem Business Men
Arrested by Sheriff.
SALEM. Nov. 23. (Special.) If Chris
Thomas could elude the sheriffs as easily
as he "works" good business men he
could live happily and have plenty of
money to spend. But he was caught thl3
morning by Sheriff B. B. Colbath, and it
all goes well he will soon be In the peni
tentiary, from which institution he was
released ten days ago.
"Writing checks Is a fad with Thomas,
and passing them Is no trouble at all.
When ho got out of prison, after serving
a 13-raontbs' term for forgery, ho imme
diately supplied himself with a blank
check-book bearing the name of L&dd &
Bush, and since that time he has wanted
nothing that money could buy. He
boarded at different places In Salem for a
week, and after paying his bills with
checks took a trip out In the hills south
of town. Walking proved not to be good
so he bought a team and carriage, paying
for It with a J300 check, which the farmer
was glad to receive for his team. Then
he drove around through the best prune
growlng district in Oregon and bargained
for a number of good prune orchards. If
he had taken a. notary .public along to
make out the papers he might now have
deeds to some line land In the far-famed
Red Hills. But Sheriff Colbath heard of
his operations and thought he recognized
In these heavy transactions the work of
the ex-convict. He went after his man
and found him. -with the check book and
stubs In his pocket. Though Thomas had
received money on a number of hi3 checks
he had not a cent In his pockets when
captured. Had he not lingered too long In
this vicinity after passing his first checks
he might have traveled in ease to any
part of the country, provided he could
find people as easily deceived as those he
worked hero in Salem.
ANOTHER CHARGE MADE.
Judge Will Hold Rounds to Answer
to Complaint of Battery.
BOISE, Idaho. Nov. 23. (Special.)
Further action In the case of United
States Marshal Ruel Rounds, who Is ac
cused by Mrs. George B. Spencer of "as
sault by means of force likely to produce
great bodily harin," has been deferred
until Friday, when Judge Herrick will
bind tho defendant over to the District
Court on a charge of battery.
. Counsel for Marshal Rounds were to
have argued the case before Judge Her
rick this morning, but the Judge an
nounced his ultimate judgment would be
that the defendant should be held for
battery.
In order to permit Marshal Rounds' at
torneys to institute habeas corpus pro
ceedings. Judge Herrick took the case
under advisement until Friday, by which
time District Judge Stewart will have
returned to the city and a hearing can be
had before him.
It Is claimed to be within the power of
the magistrate, before whom a prelimi
nary hearing is held, to hold the defend
ant to answer any charge which may.
In the judgment of the court, have been
sustained by the evidence. This right
of the magistrate is disputed by counsel
for Marshal Rounds arvd an endeavor will
be made by them to secure the release of
their client by means of a writ of habeas
corpus.
Wealthy Man In Trouble.
SEATTLE, Wash., Nov. 23. Francis
M. Guye, one of Seattle's oldest pioneers
and as well one of her wealthiest men,
.has been arrested on the charge of arson.
Mr. Guye is charged with having at
tempted on October 27 to burn the resi
dence of his stepson, Charles E. Plimpton,
chief clerk in the office of the County
Clerk. The complaint was made by Chief
Cook of the Fire Department, who claims
that he has evidence to convict Guye
and his stepson have been enemies for
years.
Drowned tn Birch Creek.
PENDLETON, Or., Nov. 23. News was
received here this morning that Wiokam
Walker, a large threshing outfit matt, was
drowned in Birch Creek several miles be
low here. The details are meager, but It
is Bald to be a case of suicide.
THE FIRST STEP
Of the child is an event in the mother'!
life. How proud she feels when Xhe
attempt to walk is begun so early as to
evidence childish courage and. sturdy
strength: Such pride should be enjoyed
by every mother. But it often happen
that the child is timid,
weak and deficient in
vitality, and clings to the
mother's arms with no
desire to walk or play.
Mothers should learn
that to have strong chil
dren they must them
selves be strong, for the
child's strength Is X
the gift of the
mother.
The sse of Dr.
Pierce's Favorite
Prescription by
expectant mothers
gives them health
and strength to
give their chil
dren. It nour
ishes the nerres.
strengthens the body and gives great
muscular strength and elasticity, so that
the baby's advent is practically painless.
I hare been using Dr. Pierce' Fayorite Pre
scripUoH. and can ny it li lust what 70a adver
tise It to be, and can cheerfully recommend if
writes Mrs. Victor J. Hadln, of JonardTiUe,
Riley Co., Kansas. I began taking- it just two
months before baby came and was greatly bene
fited by its use. The doctor who attended me
said X did about as well as any one he had seem
(as I was sick ouly abent three hours), and also
that your 'Favorite Prescription was 'the one
patent medicine' which be did ha-re faith in.
" We now hare a darling baby boy, strong and
healthy, who weighed slue pounds when bora
(Tuly afith). During this month he has gained
three and cne-balf-pounds."
"Favorite Prescription makes weak
women strong, sick w6men welL Accept
no substitute for the medicine which
works wonders for weak women.
The People's Common Sense Medical
Adviser, a book containing 1008 pages, is
E'ven away. Send 21 one-cent stamps
r expense of mailing only, for the book
paper coTers. or 31 stamps for the
volume boand in cloth. Address Dr.
R. V. Pierce, lafSdo. N. Y.
CUTLERY
EVMHJVMRAhfTED
OE1UTIF0L WOMfiN
b efUn dltticttcd tr Cray or B tithed Hilr.
$0 imperial Hair Regenerator
i wt oniy sure uianinaieu remedy (or cither.
It I htors.teIrtare.eatiljrtpplleil.tnd leave
the fcalr la and clotty. It It usequaltal ft
Beard Muttith.. AMP A9P! wATmr
fZ& LASTS MONTHS Swsple of hair trt4 ttt't,
FrWacr Uwredi Send fa pamphlet.
0
imV r m
muJI fln Hiii1! w ha. Mir
1 wjitAimmm!&u$x.m5!kiK
ewYork D&ntal Parlor
Fourth and Morrison Sts.
Portland, Oregon.
Teeth extracted and filled absolutely
without pain by our late scientific meth
ods. NO sleep-producing agents or cocaine.
These are the only dental parlors In Port
land that have the patent appliances' and
ingredients to extract, fill and apply gold
crowns and porcelain crowns, undetectable
from natural teeth anr warranted for tea
years, without the least particle of P&lp.
Gold crowns and teeth without plates, gold
fillings and all other dental work done
painlessly and by specialists.
Gold crowns. Jo; full set teeth. $5; bridge
work, J5; gold filling. Jl up; silver flUlngs
60c. f$ PLATES
JK,
New York Dental Parlors
MATN OFFICE FOURTH AND MORRI
SON STS., PORTLAND.
Branch Office, 614 1st av.. Seattle.
8:20 A. M. to 6 P. M.: Sundays, 3:30 A. M.
to 3 P. iL
, J
DR. RADWAY & CO.
I have been a sufferer from Rheumatism fov
inoro than six. months. I could aot raise my
hands to my head or put my hands behind, me.
or een take off my own shirt. Before I ha J
finished three-fourths of a bottle of Radwai'i
Ready Relief I could use my arms as well as
ever. You can see why I nave sucn great fui'h
In jour Relief. Yours truly, "VV. C. BAKER.
939 Julia street, Now Orleans.
RAD WAY'S READY RELIEF Is a sure ourv
for every Fain, Sprains, Brulsgs, Pain In the
Back, Chest and Limbs.
Taken Inwardly there is not a remedial ag-nt
In the world that will cure Feer and Agud and
aH other malarious, bilious and other feers,
aided by RADWAY'S PILLS, so quickly as
RADWAY'S READY RELIEF.
Sold by Druggists.
RADWAY &. CO.. C5 Elm street, New Yorlr.
C. QEE
The Great Chinese Doctor
Is called great because,
his wonderful cures are
to well known through
out the United States,
and because so many
people are thankful to
him for saving their
lUes from
OPERATIONS
He treats any and all
diseases with powerful
Chlneaa herbs, roots,
buds, bark and vege
tables, that are entire
ly unknown to medical
.l.nm tn thl fonntrv.
rwfiuil ''" nt these harmless reme
aau tarpusn me use j. w .
fllfes. This ramoua - n has
over COO different remeOL He guar-
ZV?tm?n Ufrd- MS Sthma, lung troubles,
anteea to cure catarrn, . iver vid
rheumatism, nervousness. W1?1!
ny. famale trouble and alpV3tenf(H!f
Hundredscf testimonials. Charges moderate.
CB. and nee him. . . CDC
CONSULTATION FREB
Patients out of tho city write for btaak and
circular. Inclose stamp. Address
THE C. GEE WO
CHINESE MEDICINE CO.
253 Alder mU, Portland, Or. Mention, this
paper.
i : 1
AIV OLD IDEA
Shown, to Be Absolutely Falae by
Modern. Science.
People, used to think that baldness -was
one ot those things -which are handed
down from generation to generation, from
father to son Just like a family heirloom.
Science has shown the falseness of this
belief by proving that baldness itself is
not a constitutional disease, but the re
sult of a germ Invasion of -which only
Herplcide can effectually rid the scalp.
"Washing only cleans tho scalp of
Dandruff, It doesn't tklll the germs.
"Destroy the cause, you remove the ef
fect." Newbro'a Herplcide -will do this In
every case. It is also a delightful dress
ing. Bold by leading druggists. Send 10c In
stamps for sample to The Herplcide Co.,
Detroit, Mich.
SAPOLIO
FOR TOILBT AND BATH
Flagers roughened by needlework
catch every stain and look hopelessly
dirty. Hand SapoIIe removes not only
the dirt, but also the loosened, Injured
tlclfl, and restores the fingers to
their natural beauty.
AMrQROCBRS AN3 DRUGGISTS
1
Blood Poison
Is the worst disease on earth, jot the easiest
to cure "VVHEK YOU KNOW "WHAT TO DO.
Many have pimples, spots on the skin, sores in
the mouth, ulcers, falling hair, bone pains, ca
tarrh, don't know It U BLOOD POISON. Send
to DR. BROWN. 033 Arch at, Philadelphia.
Pa., for BROWN'S BLOOD CURB, 52.00 per
bottle, lasts one month. For sale only D7
Frank Nau, Portland Hotel Pharmacy
Hb1!
I THE Y WHISKEY 1
I EMBLEM OF PURITY 1
IJ Served fct an first-daea bars II
I TRY A RED TOP 11
M moa-iuii. li
H ADTO COUPON. -Wb to- pq
H suo & nnxSern ttj-to-!atj book eif
on rotxod drinks. 100 pa$ea. gf
Sj 120 reclpea bous6 In cloth. w
Of value to all who crater-
taLo, Sect postpaid ca re-
osipt of 10 cents end this S
' Coupon. m.
g FERDtiUAD WcTTHEiatB & SQtS ft
B S!.;oits&,Ms.,ClBcInnail,0.,losIn1IIi,Kr. B
tKHH