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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 7, 1904)
1 '-; TfiB. StOJtNIG OSEGOKUlS, THUKSPAT, - JAiTPABY . 7, 390.; . . ; I D L M 0 N EY AT WO RK School Fund Surplus Is Being PutDut at Interest M. WILL BE GONE IN A YEAR "?No State Warrants Will Draw Inter est This. Year, Unless Right of ' Way for the Celilo Canal Is Secured Before April 1." SATjEM; .Or., Jan. 6. (Special.) The semi-annual report of State Treasurer C. S. Moore shows a heavy decrease In the surplus 'or money lylngldle In- the com mon school fund. A year ago, the bal ance in that fund was $724,772.23. In Janu ary 1,1904, the -balance was but $562,177.53. Since January 1, about $10,000 has been sent out on loans and $30,000 will be paid out In a few days on the Portland School District bonds. Applications have been approved for loans to the amount of over $60,000 more, so that it appears that the state has now but $400,000 which it can offer to those who wish to borrow upon gilt-edged real-estate security at 6 per cent interest. If the present demand for loans from the school fund continues, the balance will be out at Interest within a year. The loan ing of this fund, and consequent decrease in the amount of the idle surplus, means an Increase in the revenue for school pur poses. The interest -oh this fund is ap portioned among the counties annually ac cording to school, population. The report also shows a balance of $S5, C40.S in the general fund, from which the ordinary expenses of the state are paid. State Treasurer Moore said today that a large portion of this amount will be used in paying the claims for the last quarter of 1903. During the next three months, however, nearly $40,000 will be received Irora insurance companies under the law requiring -them. . to pay a 2-per-cent tax on their net receipts, and this sum will bo sufficient to pay the ordinary expenses Of the state until state taxes begin to come in. about April 1. If the Celilo Canal Commission should succeeded in securing the right of way for the canal before April 1, it would be neces sary for the stats to pay therefore and this might require $50,000. In this case warrants would have to bo indorsed until the counties begin to send in their pro portion of the state taxes. It is not likely that the canal right of way will be se cured before April 1, and the amount of indorsed warrants, if any, will be small. The treasurer's report Is as follows: Balance on hand July 1, 1903...... $1,278,096.42 Receipts Genoral fund $ 399,277.45 Common school fund, principal... 348.74L37 Common school fund, interest... 124,703.39 Agricultural College fund, prin cipal 17,113.65 Agricultural college luna, inter est University fund, principal University fund, interest 5,234.26 6.54S.79 3,211.81 Swamp land fund 16,992.71 btaie Agricultural uonege, tax fund Oreeon Soldiers' Home. National 4.S69.S2 fund 1.0S6.66 Hatchery fund. Dist No. 1 5,300.25 Hatchery fundi -DlBt. No. 2 . 2.254.0S Pure iood fund v, 100.00 .State Board of Examlnera' fund. 674.00 Oregon Stove Foundry fund.....' 3,403.17 'Penitentiary betterment fund....- -75462.12 Total' receipts -, $946,953.43 . . Graria-ttotai : ,., T)1cl.irnnmnti .$2,225,019.85 General; funl .- ".Jl '5641966.14 -Common school fund, principal. , 504.C59.22 common sonooi tuna, interest... Z3o,S00.94 Agricultural College fund, prin cipal 34,815.00 Agricultural uouege runa, inter est TTnlvnrcltv filnH tirlnnlnnl 5.72S.10 University fund,- interest..'..."..".. 7,50175 350.00 ihurston monument fund, inter est Swamp land fund 13,093.34 State Agricultural College, tax fund 12,500.00 uregon soldiers iome, jauonai fund Bounty fund 1.675.66 2,266.24 Hatchery fund 5S.25 Hatchery fund. Dist. No. 1 U.307.75 Hatchery fund. Dist. No. 2. 2.115.55 Pure food fund 189.00 State Board ot Examiners fund 728.97 Oregon Stove. Foundry fund.... 3.036.S7 penitentiary Detterment runa... 4.43S.r Sewer fund 674.50 Total disbursements $1,405,847.53 Balance on hand Januay 1, 1900.$ 19,202.32 Balances December 31. 1903 General fund $ 85,640.55 Common school fund, principal. 562,177.63 Common school fund, interest.. S5.903.S5 Agricultural Colloge fund, prin cipal 5.SS0.29 Agricultural College -fund, inter est 5.224.75 University fund, principal S.3S4.44 University fund; Interest 1.99S.72 Thurston Monument fund, prin cipal 120.SS Swamp land fund 9,892.20 Tioc land iuna ....v. is,ti3.w State Acrlcultural Coll ere tax fund 6,259.84 Oregon Soldiers Home. National funi 6.144.6S Bounty fund 2,611.45 Hatchery fund LOO Hatchery fund. Dbt. No. 1 7.S46.16 Hatchorj' fund. Dist. No. 2 4.2SL79 Pure, food fund 49.03 State Board of Examiners' fund. 118.34 Oregon Stove Foundry fund 3.372.10 Penitentiary betterment fund... 4,419.65 Sewer fund . 202.44 Total $ 819.202.32 APPLIES FOR APPORTIONMENT Pilot Butte Company Wants to Begin on 10,000 Acres. , SALEM, Or.. Jan. 6. (Special.) A. M. Brake, president of the. Pilot Butte De velopment Company, has applied to" the State Land Board for an apportionment of the Uen upon some 10,000 acres of the land for the reclamation -of which his com pany has a contract. The company has a contract 'for tho reclamation of 86,000 acres and tho .contract price is $10 per acre. The reclamation company holds a lien upon the land for the tost of construc tion. The Hen upon each acre Is not uni form, however, but Is to be apportioned upon each 40-acre tract according to the relative value of. the land. Thus one 40 aore tract may Jcar a lien of $15 an acre, while another, 'not so valuable, will bear a Hen of but & An intending settler is required to pay to this company tho amount of the lien, whereupon he re ceives a deed from the state. Tho con tract provides, upon this subject: v"It is further mutually understood and agreed that of the lien hereinbefore cre ated upon lands reclaimed, for cost of reclamation, each smallest legal subdi vision shall bear such proportion as the true value, ot the subdivision bears to the value of the whole tract subject to the lien, and that for mutual convenience as soon' hereafter' as the land can be exam ined and the value thereof estimated and reported upon, and the report approved In writing, and the lien apportioned and designated by tho State Land Board, the amount of the Hen against such respective tract, as so designated, shall be fixed and determined and not thereafter subject to change except by. mutual consent. "It Is further agreed between the parties hereto that from the date of tho execu tion of the contract between the Secretary of the Interior, and the State ot Oregon, any bona fide settler who is o citizen of the United States, or who has declared his intention to become Euch, desiring to set tle upon or "become a purchaser of not more than 160 acres of 'any of the lands set ' out and described "herein, shall sign an. ap plication, in duplicate with the party of the first part, one copy of which shall no filed -with the State Land Board: and -when such applicant shall file his release of lien for reclamation, the deed of conveyance to him from the state shall be issued with out further payment." The land upon which Mr. Draxe wants the lien apportioned 11 e adjacent to the uilcu wxuca wiu oe CUUSUUtlCU UCJLL Spring. A humber of persons ore desir ous of filing applications for the pur chase of lands in that portion of the Pilot Butte Company's tract. The board has not yet apportioned the lien, but has di rected Mr. Drake to have his engineer report his opinion of the manner In which the lien should be- apportioned, and the board 'will then submit It to the State Engineer, ftlTCHIE'S DESK? DID NOT SUIT Turned Down by the Legislature, He Wants Capitol Commission to Pay-' OL.YMPIA, "Wash.. Jan. C (Special.) The "bill of W. A. .Ritchie for designing the new furniture of the House and Senate chambers, which was rejected by the last Legislature, has been presented to the State Capitol Commission by at torneys representing the architect. The bill called forth considerable oratory In the two Houses last Winter and was re jected principally because the members did not like the style and size of their desks. The commission claims the designs were prepared with the understanding that the arctltect should look to the Legislature for payment and the bill, which amounts to $1560, has been rejected. The Goss Construction Company, . en gaged in building the Capitol annex, has drawn all out $113 of the amounts due under their contract, except 20 per cent of the contract price, which, the contract provides, shall be retained by trie com mission until the building is completed. The company has petitioned the commis sion to pay $15,000 on estimates out of this reserve and additional estimates if they come in future, claiming that they will be embarrassed in the completion of the building wlthdut the payment of the re serve to them. The company's sureties consent to the payment, and it is contended the state is fully protected by the company's bond. The commission has not reached. a de cision in the matter. . VICTORY FOR THE HOPGROWER' Buyer Other Than Contractor Recov ers on Property on Replevin. SATEM. Or.. Jan. -6. fSneclal.) Ona more victory for the hopgrower In a suit arts' ng out of a hop contract was the result of the trial of the case of George A. La Vie vs. "Walter L. Tooze, et ai. The case was tried here yesterday before Judge Burnett and the Jury brought in a ver dict this morning in favor of the defend ant The grower had -contracted the hops to La Vie at 10& cents a pound. He refused to deliver to La Vie, but delivered to Tooze. La "Vie brought a replevin suit and secured possession of the hops. This the Supreme Court held could not be done upon a contract such as that under which La "Vie claimed title, and the case was tried again to ascertain the amount which Tooze should recover because of the tak ing of the hops. The jury brought in a verdict for Tooze for $1140.90, which is the value at 15 cents. GRADE RIPARIA-LEWISTON ROAD O. R. & N. Contractors Are Rushing Men and Supplies to Texas City. COLFAX, "Wash,, Jan. 6. (Special.) W. H. Stuart, founder of Texas City, on the Snake River opposite Rlparia, is in Col fax today, buying hay for teams to "be en gaged in grading the Rlparla-Lewlston extension of the O. R. & N. Mr., Stuart says the contract for grading has heen let to Deeks & Deeks, of Portland, who are rushing men, teams and supplies to Texas City, and will begin grading"" In a few days. A lot of horses bought In the vicinity of Colfax during the past few days are said to be for this work. Mr. Stuart bought six carloads of hay. He says the work will begin at once and camps will be estab lished at various points between Rlparia and Lewlston. Baker City Officers Reappointed. BAKER CITY, Or.. Jan. 6. Mayor Car ter has named "W. H. Kllbourn as chief and Thomas Merrill, R. H. Vondlcar, C. T. Kellogg and "W. F. Hunter, as patrol men of the police force of this city for the ensuing year. Other officers named were: Joseph Hellner, City Attorney; "W. C Boyd, Poundmaster; O. . C. Stearnes, "Water Superintendent; A. T. Merwln, Street Superintendent; Dr. "W. L. Parker, City Physician. All of these appointments were con firmed by the Council. "With the excep tion of Patrolman Hunter, all of the of ficials of last year were reappointed. The City Council has entered Into acon tract with the local electric light com pany to furnish 40 street lamps for the next three years for a monthly rental of 57.50 per month, per light, and for each additional light over 40 the monthly rental will be $7 per light. There was opposition to a three-year contract, but a saving of $4S0 per annum was the argument that won the three year contract over the one-year proposal Clackamas Tax Levy Is Much Less. OREGON CITT. Or., Jan. 6. (Speclal.) The Clackamas County Court today made tho annual tax levy. It aggregates 20 mills, and Is made up of the following items: For county purposes, 6 mills; road, 4; school. 6; state, 5. The levy for county purposes is exactly one-half of the Jevy that was made lost year. The road tax last year. 9- mills, was also double that of this year. But there is an Increase in the state and school levies. With an assessment roll of greatly increased .values, practl cally the some amount of taxes In the aggregate will be raised. The total levy for municipal nurnoses in Oregon City is 6 mills, and with a 2-mll! tax for the city schools, the Oregon City property-owners will this year be called upon to pay a total tax of 2S& mills, as against 40 mills a year ago. In Court at Oregon City. OREGON CITT. Or.. Jan. 6. (Special.) Judge McBrlde today overruled the mo tion of the defendant for a nonsuit in the suit of the Gladstone Real Estate Com pany against Sheriff Shaver and Clacka mas County. Evidence was presented by the defendants and -Monday was set as a time for hearing arguments in the suit. Thts'ls an-injunction jsnlt brought to re strain Sheriff Shaver from selling for de linquent taxes for the year 1901. the prop erty of the plaintiff corporation. In the divorce suit of Galbraih vs. Gal braith, the court awarded to the mother the custody of the minor daughter, and to the father was given the two minor sons. The property interests were equal ly divided. In the divorce suit of Hewlett vs. How- lett, the defendant was directed to pay- to the piainun the sum of $30 with which to conduct her suit. " One Ticket at Forest Grove. FOREST GROVE. Or.. Jan. 6. (Special.) The following persons comprise one of the tickets selected today to be voted for at the city election here next Tuesday: For Mayor, Hon. David Smith; Council roan for two years, Jacob "Wirtx; for re election. "W- A. Billlnger and Bedford Laughlln. The following three for re election: Recorder. J. C Clark; Treas urer. W. S. Hudson; Marshal, P. W. Cronin. BOARD DENIES BOOM Clearwater In Idaho to Be ' Unobstructed. ENGINEER REPORTS' AGAINST Desired Franchise Not Necessary for the Proper Development of tthe Lumber, Business of That -Section of the Stater 1 BOISE, Idaho, Jan. 6; Special.) At a meeting held today the State Land Board, ar ter reading the report of the State En gineer. Wayne Darlington, upon the sub- Ber. Henry J. Talbott. ject, adopted a resolution denying the- ap ollcatlon of the Idaho River Improvement Company for permission to construct booms and holding works on the Clear water River. The application was filed some months ago by Francis Jenkins, B. F. O'Nell, G. Q. Pickett and others. After detailing the results of his Inspec tion of the stream and the locations for the proposed works,' which was very thor ough, the State Engineer concluded his report as follows: "The proposed Improvements would be of no benefit to the rafting of logs, but would be of limited advantage in driving slnele timbers, as It would keen them from lodging on the bars protected, and would not extend the season of driving beyond the time when driving is possible without improvement. The sorting works would cause unnecessary expense and delay to rafts destined for points on the main river beyond, for which the owners would re ceive no compensating advantages. "In comparing the estimated cost of these proposed improvements, $35,000, which is a liberal figure, with the enor mous volume of timber which can only find its way to market through this water-way, it appears that this fran chise would yield a revenue for which no compensating- cost is irivolved nor compensating benefits ootained by the Individual citizen' or tho state at large. "I do not consider the granting of this franchise as asked for on tho plans and specifications submitted as a necessity Eor the development of the lumber industry in that region; nor will the refusal to grant it impede tho development of the country in any way." The company asking for this fran chise came into existence last "Win ter, at the time of the great fight In the Legislature over the Lewlston boom bill. That bill was defeated, some of its bitterest opponents in and out of the Legislature became interested in the new company that afterward sought the franchise that has now been denied. WADE'S LIABILITIES ARE HEAVY Weil-Known Eastern Oregon Man Lost in Mining Ventures. PENDLETON, Or., Jan. 6. (Special.) Charles B. "Wade, for the last seven years cashier of the First National Bank of this city, today executed the papers whereby he .turned over all his property Interests to W. F. Matlock and T. C. Taylor, to satisfy his creditors. It is estimated that Wade failed for $200,000 or $250,000, although "W. F. Matlock, one of the trus tees, says he does not believe the liabili ties will exceed $150,000. Mr. "Wade has resigned his position as cashier of the First National and is at his home stricken with nervous prostration. The "Wade failure is one of the biggest and involves the greatest numher of, people of any failure ever scheduled in Pendleton. "While his personal friends declare the estate will pay out, the gen eral public is skeptic and fears are en tertained that 20 cents on the dollar will be all that can be expected.. "Wade was. a heavy Investor in. Baker mines. Ho owned about $100,000 in Gol conda and it was this that ruined him. He had a deal on for several months for the sale of this 'property to Eastern capir tallsts- for $2,500,000. but two weeks ago the Easterners backed out and "Wade has been forced to the wall. The news that he had failed leaked out Saturday, and Monday there was a run on the First National, of which he was cashier. Levi Ankeny, the president, was telegraphed ior, but could not come. "W. J. Furnish, of the' Savings Bank, was called home from California, but the bank soon stopped the run. when It assured the depositors that Wade's business was en tirely separate. "Wade was also a heavy stockowner and had many ranches. Colonel J. H. Raley Is receiver, and C. H. Carter Is attorney. Mrs. C. B. Wade assigned the property In her name along with her husband's. They have lived here 21 years. BIG HOGS OF THE GRAND RONDE J. W. Spencer Raises Animal That Weighs About 870 Pounds. LA GRANDE. Or., Jan. 6. (Special) J. W. Spencer now holds the honor of having raised the largest hog in the county, which is 870 pounds. Dexter Eaton has always held the championship as the grower of hogs, the largest being 760 pounds. His neighbors, John McAllister and J. W. Spencer, entered into the hog raising business also and today the two latter gentlemen brought two monster hogs in 'from their ranches near Island City and had them weighed at Bock & Thomas meat market, McAllister's weigh ing 775 pounds, and Spencers S70, which breaks all former records in the weight of Grand Ronde Valley hoga. The hogs attracted much - attention in the city today and- Mr. Spencer has been receiving many congratulations. PROFESSOR LAKE RESIGNS. .Long With the State Agricultural College-Land, Bought by Regents. CORVALL&, Or., Jan. 6. (Special.) E. R. .Lake, professor of horticulture and botany In the -Oregon Agricultural College. tendered his. -resignation at a meeting' pf thc Board of Hegents here .this' afternoon, to .take, effect at the end .of the. college year. Professor . Lake has filled the position acceptably for the past six years. The executive committee, was authorized to select a successor. "All the members of the board -were present at the meeting except Governor Chamberlan, Secretary Dunbar and Regent Cotton. A report of the euildlng committee an nounced the purchase of 20 acres of land adjoining- the college farm, and known as the Hogg tract, at a cost of $6000, and the action was ratified by the board. WANTS THE CHINESE CHILDREN Portland Chinese Mission W.ould Care for Albany Orphans. ALBANY, Or., Jan. 6. (SpeclaL)-Vv. S. Holt, of the Portland Chinese mission, is in Albany to secure the nine children left by San Wa, or Chinese laundryman, who died recently. Although the youthful Ce lestials are said to be destitute, Albany Chinamen vigorously oppose giving them up, and Judge Palmer seems reluctant to sign the order. Tillamook Water Supply Up. TILLAMOOK. - Or., Jan. " 6. (SpeclaX) The first meeting of the new City Council PORTLAND MINISTER WILL SUPERINTEND MISSIONS IN ' UTAH Ber. Henry J, Talbott, of Taylor Btreet Methodist Episcopal Church, will leave this city about the mid dle of next month to assume his new duties as superintendent of Methodist mission work In Utah, a position which he was recently of fered by Bishop Cranston. Dr. Talbott has been pastor at'jraylor Btreet Churcli for two and one-half years,, as the' swctsorof Rev. Dr. H. W. Kellogg, and has made many friends here, who view his departure from this city with regret. Repre sentatives of the official board Of the church announced yesterday the fact that Dr. Talbott had resigned, as their pastor, andthat a new pas tor had not yet been chosen. was held Monday night when Mayor C "W. Talmage appointed Clyde Clements health officer; Hiram Crenshaw, fire war den, and Carl Haberlach, city attorney. Councilman C B. Reynolds was elected presiding officer in the absencd of the Mayor. After Mayor Talmage had read his message, an prdlnance was Introduced and passed to its second reading, to have the bonding and -water question resub mitted to another vote of the taxpayers, voted down three weeks since. The present water company put in a proposition tp put in iron pipe in their system. Both of these matters will como up again at tho next meeting. Dividend by SALEM, Or., Prune Association. Jan. 6. (Special.) The "Willamette Valley Prune Association to1 day declared a dividend an the Petite prune crop handled by the association in the Salem and Roseburg districts this season. Payments will be made next. Saturday. Tho total amount handled of this va riety was 635,000 pounds. Net prices to the grower. 40s, $0.0395; 50s-. $0.0362; 60s,, $0.0308; 70s, $0.0267; SOs, $0.0210; 90s, $0.0155; 100s and over, $0.0099. ' These prices gave the growers a net basis- price of a llttlo less than 2 3-8 cents. Murder Below the.Dead Line". SEATTLE, Jan. 6. Gorgette Flynn, bet ter known as Nugget, was murdered in her own room in the restricted district to night, shortly before 9 o'clock. The left side of the head was crushed in by some blunt instrument, and there were seven wounds In the neck that look as if they were made with a stiletto. A, gold' watch and chain are missing. The woman was murdered on her bed, and so quietly was the work done that no sound of a scuffle was heard in the next room. Dean Hawley Given an Ovation. WILLAMETTE UNIVERSITY, Salem, Or., Jan. 6. (Special.) The opening exercises after vacation were held In the chapel this morning. Rev. W. C. Kantner being the speaker of the" oc casion. Dean W. C. Hawley attended chapel and was received with a big demonstration. He appeared rather -weak after his month of serious ill ness. He will resume all his class work next Monday. Damages for Bridge Accident. EUGENE, Or., Jan. 6. (Special.) The County Board of Commissioners met to day, and will be In session the' remainder of the week. The damage case of J. S, Cole was heard today and he was allowed $400, on a claim for $560. Tho claim 1b the result of an accident which occurred some time ago, when Cole was crossing the Row River bridge. east of Cottage Grove, and the bridge gave way. the whole outfit falling to the creek bed and being badly wrecked. Pierce Would GO to Congress. BAKER CITY. Or., Jan. 6. (Special.) The choice of a candidate for Con gress is the principal topic of conver sation among politicians. Senator Pierce, of the Unlon-Umatllla district. has been mentioned as a possible Dem ocratic Congressional candidate in some quarters. He is a hold-over Sen ator. So far as known, Mr. Pierce is not an avowed candidate for Congres sional honors. Nonunion Men Ask for Cards. BAKER CITY, Or., Jan. 6. (Special.) The strike of tho plumbers on the Adler Lo miner building was brought to a sud den end by the nonunion pipefitters' helpers applying for membership the unlfh. There is considerable building going on in this city at this time, and there was. great anxiety felt lest a general building-trades strike should be precipi tated. Orders In the Supreme. Ctfurt. SALEM. Jan. 6. (Special.) Orders were made In the Supreme " Court today as follows: H. A. Johnson et oL, respondents, ver-sW-Woshington National Building; Loan & Investment Association, appellant; or dered that appellant have until January 25 to file brief. Agnes Kalyton, appellant, vs. Mary Kalyton. respondent; ordered that re spondent bavo 20 days additional to file petition for rehearing. Examinations in Arithmetic. SALEM, Or., Jan. 6. (Special.) Super intendent of Public Instruction Ackerman has announced that hereafter mental arithmetic will not be given as a separate subject In eighth-grade examinations, but there will be two examinations entitled "arithmetic" Marriage Licenses of Clatsop County. ASTORIA. Or.. Jan. 6. (SpeclaL) Dur ing the year 1903,' 122 marriage licenses were Issued in Clatsop County. The largest number was in December when 25 licenses were Issued, and the smallesft number was In January, vrhen there were but four. NEW CHARTER IIS A FARCE INDEPENDENCE COUNCIL CAN ; NOT BE ORGANIZED. . Patchwork Document Passed by the Last Legislature 13 a Comedy of ."Errors.-; INDEPENDENCE, Or., Jon. 6.-(Spe-claL) The City Council has been Unable to" organize In this city. Two efforts have been made, but of no avalL The trouble 1 arises from ihe defects In And poor con struction, of the new charter passed at the last session of the State Legislature. Not less than seven or eight whole sections ofr the document conflict" with each othor. Hon. 'J. S. Cooper was duly Installed as Mayor of the city, and resumed the chair. Discussion followed as to the right ot the newly-elected members to hold their scats under the new constitution; of an appointive Councilman to hold over; and regarding tho filling of a Vacancy of a newly-elected Councilman who would not .-quaiiiy. . There were three Councilman whose terms shou.ld-explrt.Dy duration of timo; and' the now charter states that the Coun cllmen shall hold until their successors are elected and qualified. The point is raised, who succeeds the- Councilman who does not qualify? The old charter elected its members from wards; the new charter at large, and no one pan state which ot the three, if any,, is entitled to the vacant place. Then there-is' one section of the charter which states that when the mem ber elected shall not auallfr before a cer tain, date, $he office becomes vacant, and part of the Council claim that the only method, to flUthe vacancy is by election oT-appqintment, whlje others stats, that the vacancy can be filled by the holding oyer of .the Councilman who preceded him. At any rate, the city is unorganized, and probably it -will bo impossible to do any legally effective work until after tho mat ter is brought into court and an official decision returned upon the conflicting sec tlons and the rights of members. , The charter as passed by the Legislature, it is stated, is the combination of two drafts of a charter. One written by a Dal las attorney for one of the Councllmen, and one written by a Salem attorney for the -ex-Mayor. The Council could not agree' oh either charter, and so took parts from both charters and combined them into one charter, which is the one that was passed by the Legislature and became the law for the city. There are other sections which have not been discussed and brought to the notice of the public, and which when so brought out may be considered as violating- tho rules and laws as lafd down In the consti tution of the state. The city government is tied up com pletely and the laws so badly mixed that the city can never be straightened out properly until a new charter can be made to take the place of the old one which is now in force. The city has never been in such a condition as at the present time, and whether a satisfactory construction will ever be mado of the njatter depends upon tho courts, ir tne same is taxen to them. New Council at Oregon City. OREGON CITY, Or.. Jan. 6. (Special.)- H. E. Straight, A. Knapp, Mark Chapmaa and Mat Justin, newly elected members of the Oregon City Council, were sworn in as members of that body tonight. City Recorder Bruce C. Curry was re elected by the Council without opposition to succeed himself. This makes Mr. Cur ry's fifth successive term. Mayor Grant B. Dimick announced the following appointment of subordinate city officials: Chief of Police, Charles E, Burns; night pdllce officer Ed Shaw; City- Attorney, George L. Storey; street com missioner. John Green; City Engineer, E, P. Rands. These appointments were all ratified by the Council. Chief Burns has served efllclently at the head of the1 police department since 1SS9, with tho exception of two years. William Sheahan was elect ed president of the Council. Mayor Dim Ick was authorized to employ a special policeman whenever such en officer is deemed necessary. The Council turned down the petition of the Woman's Club of this city asking the city to purchase at a cost of $2500 a block of land for a public park. An increase in receipts for 1903 of $354 over that of 1902 was shown in the annual report of the Board of Water Commis sioners. A nroflt of $3000 was Droduced to tho city from the water sysctem during 1903. The annual report of City Auditor Curry gave the expenses of the city for 1903 at $9391.21, while the receipts aggregated $12, 177.31. Of the receipts, the saloons oi the city paid licenses amounting to $4900. The bonded and warrant indebtedness of the city is $97,507.08. Seaside Officers Installed. SEASIDEK Or., Jan. 5. (Special.) The newly elected officers of the town ot Sea side assumed the duties or their respectlv offices last night. A. E. Miller, Mayor Phillip Condlt, Becorder; F. A. Moore Treasurer, William Burke, Martin Ander- son. Edward Johnson and J. E. Alacraz, Councllmen, were sworn in. The report of the Treasurer for the year 1903 shows receipts $2201.20 and expenditures $1469.88, leaving a balance In the treasury on Janu ary 1 of $731.32. No taxes are levied in Seaside for mu nlcipal purposes, the revenue being de rived from licenses. Durinsr the -year th Council has purchased a hand fire engine, hose cart, hydrants and 400 feet of fire hose. W. N. -Smith and C. G, Palmberg, of As toria, have applied to the Council ior franchise to put In a water system. The water will be brought from Crltes and Thomas Creeks, and the mains laid throughout the town add over into the grove on the west side of the Necanlcum The franchise will probably be' granted at a meeting of the Council to be held Satur day night. Seaside 13 working under a new char ter, which divides the town into two, wards and provides for the election of five Coun cllmen, two from each and one at large. The Mayor will appoint the fifth Council man, a Marshal. Attorney and Surveyor at the meeting Saturday. night. POSTAL CARD CONVEYS THREAT Received by County Attorney Breen, Investigating Butte Explosion. BUTTE, Mont, Jan. -6. At the inquest this afternoon over the remains of Samuel Olsen and Frederick Divel, who were killed by an explosion in the workings of the Mfchael Devitt mine January-1, Coun ty Attorney Breen declared that he had today received a threatening postaL The missive was unsigned, but it threatened him for his part in the inquest, in which he has endeavored to bring out all the facts, he sayB. Little of importance developed at the in quest today. One witness testified that the relations -between the miners In the Rams, Helnze's property, and the Michael Devitt, where the Federal inspectors were at work when the explosion occurred, had been friendly. The Inquest will last some days yet. So far, nothing to Incriminate any one has been elicited. Detectives started to work this after noon on the postal received by Mr. Breen. It is believed to have been sent by a fanatic. SHEPHERD SOLD HIS SHEEP. Animals Found in Possession of Rail . road Help by Owner. WEISER, Idaho. Jan. 6. (Special.) Peter Christenson, a sheeptender for Mark Hindman, a prominent sheepman, had a preliminary hearing today before Judge Jeffreys, on the charge of grand larceny." Near where the sheep were being- fed, a few miles west of Welsar, a number of Italians, employe? of the Oregon Short o-iine xtouroaa. are staying m cars, saiur- gay Mr. Hindman was passing near tps cars when, he discovered four ot his sheep In a pen. Upon investigation he discov ered tbot Chris tenson had been selling his sheep to the railroaders. A warrant was sworn out lor his arrest. an'd- he had a preliminary h fearing today Hfr was hound over in the sum of $300 to appear before the District .Court. In de fault of ball he was placed in jalL NORTHWEST DEAD. William Dungey. OREGON CITY, Or.. Jan. 6. (SpeclaL) Wiljlam Dungey, aged 64 years, of this city, died at ButtevUlelast night from tha effects of injuries., received during the afternoon when he was struck" by a fall ing tree. Dungey, for more than a month, had been engaged at cutting wood near Champoog and late TuesHay after noon was caught by a iaiung treo and suffered a broken leg and other, serious injuries. The deceased is survived by a wife and ten children. They are: Robert, Dungey, of California t Mrs. Anno. Priester. Mrs. Ida, Beatty, Ira, -aiaria, james, .aiinnie. .neiuc, vvtu isl and -Ed Dungey, all ot thls city. IsaW McElmurray. ALBANY, Or.. Jan. 6. (Special.) Isaac McElmurray, one of. the most prominent and wealthy farmers of Linn County, died at his home seven miles south of Albany today. The deceased was born in Mis souri, December 22, 1S26. From there he moved, to Arkansas, thence to Oregon, in 1S69, locating lnvPolk County. For several years past he has lived in Linn County. Mr. McElmurray is surVived "by" sir chil dren: S. H. McElmurray, of Independence; H. W. McElmurray, ot Linn County: Mrs. J. A. Compton and Mrs." W, N. Alexander, of Independence, and Mrs. Allle Curry and Mrs. WIHard Cauthorn, ot Linn County. Funeral of John Thomas. ASTORIA, Or.. Jan. 6. (SpeclaL) The lunerai f the late John Thomas was held this afternoon from his former residence on Clatsop Plains and the interment was In the Old Pioneer cemetery- The serv ices were under the auspices of Temple Lodge of Masons and were attended by a number of Indian War veterans and members of the - Pioneer and Historical Society. . The deceased was born in South Wales, August 17, 1S26. He came to Cali fornia in August, 184S, and to Oregon on January 25, 1849, John W. Dooly. NORTH YAKIMA, Wash., Jan. 6. (Spe cial.) Jonn ,w. Dooly, one of the best- known and a successful farmer of the Yakima Valley, died at his home, eight miles southeast of Ziilah. Monday night. aged 69 years. Death was caused by the accident which occurred November 15. He was born In Hickory County, Missouri, and came to this state in 1892. Three years ago he bought a farm In the Sunny- side country. . John D. Zurcher. ENTERPRISE, Or., Jan. 6. (SpeclaL) John D. Zurcher, an old and respected pioneer and prominent G. A. B.. man of this city, died at his home here January 3. Mr. Zurcher was formerly owner of the townsite where Enterprise now stands. The Corpse Woke Up. THE DALLES, Or., Jan. 6. It was re ported that an Indian had died of small pox at the settlement on Mill Creek in the lower part of town. Steps were at once taken by County Judge Blakeley to have the corpse buried, and today an expressman was sent with a coffin and disinfectants to attend to the interment. On entering the tepee, however, as he started to 'put chloride of ' lime on ' the body, the expressman was startled to see a pair of black eyes fastened on him, and the Indian began talking in the Chi nook Jargon. . He was broken out with the disease, but was not dead, as the In dians . had reported, They were Instruct ed to take good care of the sick man, and the settlement 1b strictly quarantined. Becomes Instructor at St. Xavler's. VANCOUVER BARRACKS, Jan. 6. (Special.) rCaptaln Evans M. Johnson, of the Nineteenth Infantry, was yester day informed by telegraph from Wash ington that the authorities of St. Xavler's Colloge, New York City, had applied for Jjlm as military instructor of the school. Captain Evans promptly accepted the offer and expects to leave for New" York with his family in the next few days. Lieutenant-Colonel Sedgwick Pratt, Artillery Corps, Artillery Inspector and acting Inspector-General, left today for San Francisco, whero he will bo re tained as Inspector-General for the Di vision of the Pacific. Attempted Block on Contempt Trial. ' SAN FRANCISCO. Jan. 6. The United States Circuit Court of Appeals has de tiled the motion to set aside a writ of supersedeas, which was asked with the object of Btaying the execution of a Judg ment against F. Augustus Helnze, Joslah H. Trerlse and Alfred Frank for an al leged violation of a contempt of the United States Circuit Court of the Dis trict of Montana, the contempt consisting in the refusal on behalf of the parties charged, to permit an Inspection and ex amination and suvey of the underground workings of the Butte & Boston Consoli dated Mining Company's property, situat ed' in the State of Montana. Trousers Rifled of Coin. VANCOUVER, Wash., Jan. 6. (Spe cial.) Robert DuvaiL and Herman Bonk, who occupy a room together at a residence on the corner of Ninth and East B streets, -were robbed of $52 last night. There are a number of room- ers-ln the house, which Is always left unlocked, so that access to the rooms was easy. The two men awoke in the morning to find their trousers gone, and upon search- the missing garmonts were found on the sldewahc wtn the pock ets rifled. Mr. Bonk-lost his month's wages. Just received, amounting to $50. There Is absolutely no clue to the robbers. Boy Bandits in the Province. VANCOUVER. B. C, Jan. 6. The 15 and 13-year-old bandits, Darwin and Willy Wood, have led the provincial police of New Westminster a busy chase, but have managed to cross the line in safety. The latest exploit of these, dime-novel crim inals was to steal a fast-going horse and rig and makd1 for the land of the free via Blaine. They are under suspended sentence for cattle stealing. Darwin Wood is known as the local Mozart. When a boy of 12 he played the orgal in a city church, and he has given several recitals. Telegraph Company Wins Suit. SALEM, Or., Jan. 6. (Special.) The damage suit of Frozier & Long, real es tate agents, against the Western Union Telegraph Company was decided in favor of the company today, at the close of plaintiff's evidence. Tho suit was brought to recover $400 damages for delay la de livering a telegram and was dismissed be cause plaintiffs failed to show that the delay was the cause of their not making a sale of the property as alleged. Horsethieves in Wallowa County. ENTERPRISE, Or., Jan. 6. (Special.) Horsethieves are again operating In this county, one animal having been stolen from the barn ot W. H. Boyd,- near Wal lowa last week and one from the stables of J. S. Wagner, of this city, a few days before. Rewards are out for information, leading to their recovery. HOLY teiRS;(jET AWAY FEATHERED -APOSTLES LEFT CORVALLIS, HAVE - Citizens Pay a Second Nocturnal Visit . tothe Beach Home, but'Holy'J Men Have Fled. CORVALLIS. Or., Jan. 6. (Special.) It leaked put -today that a crowd ot citizens visited the Beach house during-last night, with further designs on the Holy Roller apostles. Great secrecy was observed in their movements, the party crossing the river in small boats and by different routes, to prevent observation. It is understood that the visit was based on a report that both Creffleld and Brooks had returned to the Beach house, and that the citizens went there for the pur pose of making good their promise to ac cord worse treatment In case either of the apostles returned to the'vlcinlty. On ar rival at the house the party laid in wait tor a. considerable time, but later entered the house, passing through the various rooms. The search, however, failed either to re veal Creffleld or Brooks. Six women. most, ot them young girls, were the only occupants of tha place. These paid but little attention to the movements of the intruders, answering only such questions as they saw fit. It is now known that, after the marriage of Creffleld and Maud Hurt at Albany at noon yesterday, the bridal party re turned and for a short time were at the Beach house. They traveled In company with Mr. and Mrs. Frank Hurt. They ar rived at the place late In the afternoon, and, it is supposed, left later for some point along the Southern Pacific to the eastward, where they are believed to have taken a train. Creffleld was so frightened by the demr onstratlon of Monday night that it Is not believed he will attempt to return to this vicinity to remain. He is represented as having given away to teara and sobs re peatedly during the march to the bridsre. .and while tho process of tarrins: and feathering was on, and to have mani fested many outward signs of abject fear. "Warnings have been repeatedly given him that violent demonstration was sure to come if he persisted In his fanatic zeal and methods, and this -doubtless con trltjuted to his fright. Concerning the -whereabouts of Brooks nothing Is known. He has not been heard from since he started northward after tho affair of Monday night. No sympathy whatever Is- felt here for either of the men. Creffleld In particular is held In general contempt. The great mass of citizens believe him to be wholly bogus, and that he affects extreme real tos other and sinister motives. All cit izens declaim against violence and violent methods, but are ready to rejoice if the latest exploit has driven the apostles from the vicinity. In some Instances men, poor In this world's goods, have been rendered much poorer by the acts of wives or rel atives in the destruction of needed furni ture. These cases are, however, very few. There is no question but the men who had a hand in Monday night's affair, some of whom have suffered deeply from the presence ot the zealots, are determined that the apostles must' remain away from here. DRUNKARD,, BUT NOT INSANE. Testimony of the Late Alexander Dunsmutr's Physicians. VICTORIA. B. C Jan. 6.-Dr. A S. Thorne, of San Francisco, was on the stand all afternoon In the Hopper-Duns-mulr will case, -his cross-examination be-' lng then concluded. The questions had reference to. the visits made to Mrs. Dunsmulr and Mrs. Wallace, charges. eta ,Dr. Thorne said he charged $2000 for attending Mrs. Dunsmulr In May and June, 190L He held that Mrs. Dunsmulr had never suggested to him that Alenx ander Dunsmulrs mind -was Impaired. Dr. E. R. Sill, of Oakland, gave evi dence of attending Dunsmulr when suffer ing from drinking bouts. He said there was never anything wrong with Duns muir's mind, and Mrs. Dunsmulr had never suggested there was. Mr. Garden, medical expert for de fendant, will be examined tomorrow. Raise In Flour Rates. SEATTLE, Jan. 6. Flour rates between Pacific Coast points and the. Orient will be raised on February 1 to $4 per ton. This action has been agreed upon by all the steamship lines engaged in the .trans-Pacific carrying trade. The advance covers the month of February, but it is certain that it will not be reduced by further trouble with the China Commercial Com pany. It Is possible that a further agreement will be nvde to increase the rate to $5 per ton, though this will not be done at pres ent. DrL HIIIIs Sure to Come. OREGON CITY, Or., Jan. 6. (Special.) The managament of the Pacific Coast Chautauqua Assemblies has received a letter assuring the appearance as a lec turer at the Chautauquas next Summer of Rev. Dr. Newell Dwlght HllliS, pastor oi AT Til ,.,,,1, -TU,,.V. n Dmnlrlnn Tt LUC flVlUUUUI VUU.., UL UUUIJ A. AS.. Hillls is considered one of the most eml-T nent pulpit orators in America, and h will probably be heard at the Willamette Valley Chautauqua meeting in three ser T"o8 and lectures. "The square peg in the round hole" figuratively expresses the use of mesoa unsuited to the desired end. A great many people who have been cored of dyspepsia and other diseases of the stom ach and its allied organs of digestion and nutrition by the use of Dr. Pierce's Golden Medical Discovery say : "We tried many medicines with only temporary benefit. It was not until we began the use of 'Golden Medical Discovery' that wo found a complete and lasting cure.'' $3,000 FORFEIT will be paid by Worid's Dispensary Medicai, Asso ciation, Proprietors, Buffalo, N. Y., if they cannot show the original signature of the individual volunteering the testi monial below, and also of the writers of every testimonial among the thousands which they are constantly publishing, thus proving their genuineness. "It is with pleasure that I tell you what Dr. Pierce'a Golden Medical Discovery and 4 Pellets I bare doaerfor me." writes Mrs. T. M. Palmer, of Peede, Kaufman Co., Texas. " itto years ago X was taken with stomach and bowel trouble. Everything I ate would put tae In distress. I lived two weeks on milk and even that gave me pain. I felt as though I would starve to death. Three doctors attended me one said I had dys pepsia, two said catarrh ot the stomach and bowels. They attended me (one at a time) for one year. I stopped taking their medicine and tried some patent medicine ; got no better, and I grew so weak and nervous my heart would flutter. I could not do any Idnd of work. Now I can go ray Boose -weft very well ; am ramVtr in Jlah and stragth, and can eat anything I wani." v Accept no substitute for Dr. Pierce,ff Golden Medical -Discovery. Dr. Pierce's Common Sense Medical Adviser is sent free on receipt of stamps to pay expense, of mailing only. Send 21 one-cent stamps for the paper covered book, or 31 stamps for the cloth bound volume. Address Dr. S. Y. Pierce. Buf falo, Jt. Y,