Morning Oregonian., July 06, 1904, Page 4, Image 4

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THE MOENDSG OBEGONIAN, WEDNESDAY, JULY 6; 1904:
GETS NO DAMAGES
Massey Careless in Walking
Into Elevator Shaft.
-OPINIONS BY SUPREME COURT
"Eight of Manager of Corporation to
Execute Promissory Note for His
Company SustainedTown of
Stayton to Pay Damages, j
lr
The owner of a bulldlns owes to per
sons whom be Invite to come therein
the Jut7 of warning them, of danger
that may exist and of protecting1 them
against accident, but one who need
lessly walks into a dark corner where
be cannot see and falls down an ele
vator shaft Is guilty of contributory
negligence.
As a rule the general manager of a
corporation has no Implied authority to
execute promissory notea on behalf of
bla company, but he has tbbt authority
when tho exigency of the creditors'
demand makes a prompt settlement
necessary.
l
SALEM, July 5. SpeciaL) The Su
preme Court handed down decisions to
day as follows:
P. M. Massey, appellant, vs. M. Seller
& Co., respondent, from Multnomah
County, M. C. George. Judge, affirmed;
opinion by Justice "Wolverton.
TWs was an action for damages for an
injury caused by a fall down an elevator
shaft in defendant's building on Front
and Burnslde streets in Portland. Plain
tiff was in the building on business, and
after working in a light place near the
door for a short time he went across the
room into a dark corner, looking for a
toilet-room, and the accident occurred.
The Supreme Court holdB, as did the
lower oourt, that, although it may be
assumed that the defendant company was
negligent in falling to warn plaintiff of
the danger or appriso him of the un
Xuarded elevator shaft, yet the evidence
chows that plaintiff was guilty of con
tributory negligence which will prevent
him from recovering damages.
"If it was so dark In there that he
could 'see nothing,' it was certainly an
act of folly on his part to enter on a
cruise of exploration and discovery with
out stopping to determine whether It was
safe to proceed."
Balnes vs. Coos Bay Railroad.
W. E. Baines, appellant, vs. Coos Bay,
Rosoburg & Eastern Railroad & Navi
gation Company, and R. A. Graham, re
spondents, from Coos County, J. "W.
Hamilton, Judge, reversed and new trial
ordered; opinion by Cnief Justice Moore.
Plaintiff brought suit to recover on a
54000 note given by Graham as general
manager of tho company in settlement
of a claim held by plaintiff and for which
he had filed a lien upon the company's
property.
The defense was that Graham had no
authority to execute notes for the com
pany, and the lower court took this view
and dismissed the case. The Supreme
Court says that as a general rule no
managing agent of a corporation, except
the cashier of a bank, possesses implied
power to bind the corporation by issuing,
accepting or indorsing on Its behalf ne
gotiable Instruments; but when the exi
gency of a creditor's demand. Incurred in
the legitimate exercise of Its business,
necessitates a speedy settlement, the gen
xal manager, for lack of funds, has im
plied power to execute a promissory
note. It is therefore held that the lower
court should have submitted the case to
the jury.
Trotter vs. Stayton.
G. D. Trotter, respondent, vs. Town of
Stayton, appellant, from Marion County,
George H. Burnett, Judge, affirmed; opin
ion by Justine Bean.
This was an action to recover posses
sion of a strip of property claimed by
the town of Stayton as part of the public
streets. The plaintiff prevailed, and re
covered Judgment for possession and 5273
damages. No error appearing, the Judg
ment is affirmed.
Sheridan vs. Empire City.
Florence Sheridan et al., respondents,
vs. Empire City, appellant, from Coos
County, J. W. Hamilton, Judge, modi
fled; opinion by Justice Wolverton.
This was a suit to quiet title to a tract
sof land on the water front at Empire
City. The plaintiffs prevailed in the
court below and again on appeal, except
that the Supreme Court excepts from
plaintiff's ownership In fee that portion
of the square formed by the intersection
of First and F streets included in
Tract 2.
J. Deckenback, appellant, vs. D. C
Rlma, respondent, motion to dismiss ap
peal denied, opinion per curiam. Held
that where a forcible entry and detainer
case was brought In Justice Court, and
decided In favor of plaintiff, whereupon
defendant appealed to the Circuit Court
end won, defendant Is not in a position to
deny plaintiff's right to appeal to the
Supreme Court. "Whether the right of
appeal to the Circuit Court exists in
forcible entry and detainer cases is not
decided.
Mary Egan, respondent, vs. North
American Savings, Loan & Building Com
pany, appellant, on motion to strike out
cost bill, motion denied; opinion per
curiam. Held that where a cost bill Is
filed in this court within Ave days after
vl decree has been rendered it need not
te served upon the adverse party.
T. A. Llvesley, appellant, vs. John
Johnston, respondent, motion to relax
costs denied.
T. A. Llvesley, appellant, vs. A. Helse,
respondent, motion to retax costs denied.
Rehearings were denied in the cases of
Altschel vs. Casey, Gorman vs. Mo
Gowan, and Thompson vs. HIbbs.
MUSIC AT THE CHAUTAUQUA.
Mrs. Walter Reed Will Have Charge
of Vocal Programme.
OREGON CITY, Or., July 5. (Special)
As in recent years, the musical pro
gramme will constitute one of the main
entertaining features at the Willamette
Valley Chautauqua Association, which
will be convened this year at Gladstone
Park, July 12-24, inclusive. The Initial
concert will bo presented Wednesday
evening, July 13, under the direction of
Mrs. Walter Reed, of Portland.
Miss Agnes Watt who was so favor
ably received at an operatic concert at
the Empire Theater last Spring, will sing,
as will also Miss Imogen Harding, dra
matic contralto, of -this city, who only j
recently returned from. New York City
after completing her musical education.
N. C. Zan, baritone, of Portland, will
have two numbers; and Mrs. Reed has ar
ranged for two selections by her cele
brated double quartette from her Treble
Clef Club, from which the following
named prominent singers will partici
pate: Miss Agnes Watt, Mrs. Louis Mc
Mahon, Mrs. Sanderson Reed, Miss Hilda
Hegele, Mrs Jordan Purvlne, Miss Rita
Hansent Miss Ruth Hoyt and Mrs. Rood J
"Miss Alice Juston, Miss Kathcrine Co
vacfc and Mrs. Reed Trill sins a trio, "The
Star of Love," by Bordese, and a num
ber of Quartettes will be given by Miss
Corach, Mrs. Reed, I. M. Jones and N.
C. Zan. TV. W. Graham, a leading violin
ist of the Pacific Coast, will render two
numbers.
Suit for Klamath Land,
SALEM, Or., July E. (Special.) The case
of Robertson vs. Dow, from Klamath
County, was argued in the Supreme Court
today and is one of ths few cases in that
tribunal in which a party appeared as an
attorney. John P. Robertson, of this city,
is plaintiff.
The suit arises out of a sale of state
school land. Dow purchased from the
state on the partial payment plan, but 'be
came more than two years delinquent in
his payments. According to the strict
construction of the statutes his certificate
of sale would be void, but when Robert
son applied for the purchase of the same
tract of land the State Land Board gave
Dow 30 days In which to pay up, in ac
cordance with a standing rule of the de
partment. Dow paid up, and received a deed, and
Robertson's application was rejected. He
then brought suit to declare Dow a trus
tee of the property and compel him to
convey it to Robertson. The lower court
decided in favor of Dow,
8HOCKED BY LIVE WIRE.
Callfornian Was Attempting to Move
It From the Road.
VALLEJO, CaL, July 5. J. Chester
Shade, a prominent and popular mem
ber of the local lodge of Elks and a mem
ber of the well-known grocery firm of
Moses & Shade, Is lying in his home In
this city at death's door, terribly shat
tered by contact wjth an electric wire.
Early this morning Shade, accompanied
by his wife and relatives, left here in
a carriage, intending to spend the day
In Green Valley. When the party was
approaching a bridge a little this side of
Cordelia, a heavy wire of the Bay County
Power Company with an insulator at
tached was seen lying across the bridge,
obstructing passage.
Shade and his father-in-law, Albert
Hodges, taking a hitching rope from their
carriage, proceeded to drag the wire,
which Impeded their passage, from tho
bridge. There was suddenly an explosion.
Shade collapsed where he stood, and ex
amination showed that his left arm had
been rendered entirely useless by the
shock, a large piece of skirt and flesh
torn from his chest In the region of his
heart, and his shoes nearly burned off.
His feet were almost cooked. If he sur
vives, doctors say several serious ampu
tations will have to bo made. Hodges,
who stood near Shade, was hurled by
the force of tho contact some 20 feet, but
escaped serious injury
Later in the day Steve Bacclartnl, on
his way from Cordelia to Vallejo, drove
upon the bridge where Shade had suf
fered so terribly and not seeing the pros
trate wire ran his horses against it. Both
fell dead immediately and the driver was
badly burned about the hands and feet.
STRIKE IN BLUE RIVER DISTRICT
Promising Indications of Oriental
Property on Linn County Side.
ALBANY, Or., July B. (Special.) The
recent rich strike on the Linn County
side in the Blue River -mining district
has not become less promising with fur
ther investigation, and there seems every
Indication that this property of the Ori
ental Mining Company will add another
to the list of paying mines In the dis
trict. Assay returns have not yet been
received from the ore which was recently
sent out. The assay made some time ago
showed 522.50 to the ton. Tho recent find
is much richer than that. It is also
composed of the rotten quartz that makes
free milling ore which Is easily mined.
A party of stockholders In the Oriental
Mining Company will leave for the scene
of the strike the last of this week, ac
companied by a mining expert. The com
pany Is composed of some of the sub
stantial business and professional men of
Albany, who are determined to develop
the new mine, if it gives Indications of
proving a paying property.
President J. F. Venner, of the Orien
tal Company, who has charge of the
work that is going on In the Blue River
district states that the new And Is a
good one. The lead is the most promis
ing he has seen In the district. It is
situated on the old Poorman ledge, Js
Ave feet in width, and the surface ore
is very rich. The Oriental Mining Com
pany has had a number of men at work
on its property for some time. Prepara
tions are now under way to put a muctt
larger force at work developing the new
find.
LIVED ADVENTUROUS LIFE.
Man Killed in Hoquiam High Dive
Was 8on of English Admiral.
HOQUIAM, Wash., July 5. (Special.)
The following information was obtained
today regarding Paddy McMahan, who
lost his life while attempting to dive from
the city bridge into the Hoquiam River
yesterday. The deceased's correct name
Is Mardon, and the following account of
his life, given by himself, may be of in
terest: Patrick J. A. Mardon was born In Ire
land about 25 years ago, and at an early
age moved with his parents to England.
His father, who was in the English navy,
retired In 1S81 with the rank of Admiral,
is now allvo and is prominently connected
with the London Daily Mall, the Free
man's Journal and the celebrated Harms
worth publications. The deceased was ed
ucated for the royal navy at the Wool
wich Royal Naval Academy, where he
graduated, serving as an officer on vari
ous ships, until the Perry expedition to
the North Pole, which he refused to Join.
Since then he has been traveling around
the world, having been through the
Chlno-Japanese and the Boer wars, be
sides sailing as an officer on the Sham
rock, arriving in this country several
months ago. It was his Intention to have
returned home this Fall. The body will
be burled here.
CORPORATIONS PAYING TAXES.
Many-Send Money With Annual,. Re
port to State.
SALEM, Or., July 5. Special.) Though
the annual corporation tax will not be duo
until July 15, and may be paid any time
before August 15, many corporations aro
paying now. Annual reports were due
July 1, and those that have not been filed
are delinquent though no penalty will at
tach until they have been delinquent 20
days.
About half of the 2500 corporations have
reported, and reports from the others are
coming In rapidly. In order to save time
and have the matter off their hands, many
of the companies remit tho amount of
their annual tax at the same time they
send their reports, though they need not
send It until a month later.
Clerk F. T. Wrlghtman, of the corpora
tion department says he has learned of
no effort or Intention" to evade payment of
the tax, but finds that those who have be
come delinquent In filing statements have
merely overlooked the matter. The work
of filing and recording the reports and re
ceipting for money sent in has caused a
great rush of work In both the office of
the Secretary of State and the State
Treasurer.
Just the Thing for Biliousness.
"I took a dose of Chamberlain's Stom
ach and Liver Tablets last evening after
dinner and want to say that I feel 50 per
cent better than I have for weeks. The
Tablets are certainly a fine article for bil
iousness." J. J". Firestone, of Firestone &
Hinkley, publishers of the News, Allegan,
Mich. These Tablets strengthen the diges
tion, promote a healthy action ot the liver
and produce an agreeable movement of
druggists.
the bowels. Price 25 cents, i- or spjo by all
CANAL TRIAL IS BEGUN
JURORS VIEW PROPOSED SITE OF
IMPROVEMENT AT CELILO.
Judge Bradshaw Adjourns Court
Until Today, When Taking of
Testfmony Will Begin.
THE DALLES, Or., July 5. (Special.)
The condemnation case against I. H.
Taffe, to acquire a right of way for tho
Celilo Canal, was called this morning be
fore Judge Bradshaw. A Jury was chosen
in the forenoon and, the Court ordering
a view of the premises, a special train
took the Jury up to the premises, where
they spent the most of the afternoon with
one of the Government engineers, who
pointed out to them the boundaries of
the proposed canal.
Attorney-General Crawford and Martin
L. Pipes, representing the state, and
Judge Mallory and Messrs. Huntington
and Wilson, for Mr. Taffe, accompanied
the party. The jury returned about 4:30
and the court reconvened. The state
ments of counsel were made and the
court took a recess till 9:30 tomorrow,
when the testimony will be heard.
STREET PREACHER SENTENCED
Deserted His Own Family to Live
With Another Man's Wife.
SEATTLE, Wash., July 5. (Special.)
P. H. Nelson, the street preacher who de
serted his wife and went to live with tho
Rife and family of another man, was this
afternoon sentenced to Ave years In the
penitentiary at Walla Walla.
Last Summer, when tho husband of
Paulina Smith, the woman with whom
Nelson unlawfully lived, went to Alaska,
the street minister announced that he had
had a vision from the Lord commanding
him to take Mrs. Smith as his wife, not
withstanding the fact that he already had
a wife and family.
Mrs. Smith Is the mother of six chil
dren, and when her minister proposed
that they elope, she objected to going un
less she could take her family. Nelson
did not believe that he cared to drag tho
whole half-doren along on such an uncer
tain expedition, so the couple stayed at
the Smith home and continued preaching
and declaring that the laws of. God should
be obeyed rather than the laws of man.
The story came out In Mrs. Nelson's
divorce proceedings, and the County At
torney was directed to prosecute the
preacher.
DAMAGED BY HEAVY RAIN.
Irrigation Canals Washed Out In
Yakima County.
NORTH YAKIMA, Wash., July 5.
(Special.) Heavy rains here have dam
aged irrigation canals in the Yakima
Valley to the extent of several thousand
dollars. Tho Selah and Wapatox canals
on the Natches, sustained considerable
damage by a sudden downpour of rain
equaling a cloudburst. A large force of
men has been put to work to repair the
canals.
The greatest damage was done to the
SunnyBlde Canal near Zillah, whero a
sudden downpour on the hills sent a
flood of water down the gullies and
washed out the main canal In. three
places. A great amount of farm land
was washed out by the sudden flow of
water and the damage at present can
hardly be estimated.
BOMB BLEW OFF HAND.
Clarence Green Held Onto Explosive
Too Long.
OREGON CITY, Or., July 5. (Spedal.)
Clareiice Green. 18-year-old son of Street
Commissioner Green, of this city, suffered
the loss of a hand at Aurora yesterday.
The unexpected explosion of a large bomb
the young man was holding was responsi
ble for the Injury.
Three Days of Joy at Dallas.
DALLAS. Or.. July 5. (Special.) Tho
three days of celebration in this city
proved a great success. The Pioneers'
day on Saturday was well carried out
The parade in the morning consisted of
the Normal Cadet Band, Polk County
Pioneers, Indian War Veterans, old sol
diers and pioneers In carriages. A good
programme as rendered In the City
Par, the annual address was delivered
by Hon. William Galloway and the oc
casional address by J. C. Hayter. A
good game of baseball was played in the
afternoon between Dallas and Falls City,
which resulted In a victory for tho lat
ter by a score of 6 to 5.
Sunday religious services were held in
the park and were attended by a large
crowd.
The big day was Monday, July 4, the
largest crowd that has ever attended a
picnic or celebration in Dallas congre
gating on that day. The amusements
were of the best Tho parade was one
of the commendable features of ths
morning exercises. Judge Burnett of
Salem, acted as president of the day.
The oration by Hon. Claude Gatch was
of high order and very patriotic.
The afternoon programme consisted in
foot races, pony races, pillow fights ana
a baseball game. The baseball game re
sulted In a victory for Dallas over Falls
City by a scoro of 17 to 6.
The programmo was to have ended with
a pyrotechnic display, but when they
had given but about half of the display
from the tower of the Courthouse the
tower of the Courthouse caught on fire.
The loss will not exceed 5100.
Moderately Sane at Newberg.
NEWBERG, Or., July B. (Special.) A
.comparatively "sane Fourth of July" was
experienced by Newberg yesterday. The
casualties so far as reported are: Ond
young lady, struck by a misdirected Ro
man candlo and sent into hysterics, and
removed from the scene of carnage: one
young patriotic hopeful, keeled over and
stunned by an exploding skyrocket, and
given over to the ministrations of the
family physician; one baby buggy burned,
no Insurance,
The celebration was held in tha Ed
wards oak grove, and from 3000 to 400(5
people were in attendance. The address
of the day was ably delivered by Judge
Galloway, while an oration. "Our Duty
to the Republic;" by Storey, was very
effectively delivered by Miss Edith Mc
Crea. Good patriotic choruses were ren
dered. Sports were held in the aftornoon
and fireworks In the evening rounded off
the day's festivities.
Goldendale Celebrates the Day.
GOLDENDALE, Wash., July 6. (Spe
cial.) Goldendale celebrated the Fourth in
a becoming manner. A large pa
rade formed at the Courthouse at 10
o'clock and proceeded to ths Armory,
where the literary exercises were held.
The officers of tho day were: President
N. Norris; chaplain, H. B. Ellsworthy;
reader of Declaration, Miss Jessie Dick
son; orator, N. B. Brooks. The C R. &
N. ran an excursion from The Dalles, and
the afternoon entertainment consisted of
a ball game between The Dalles and Gold
endale, and horse races. The crowd Was
large and the day perfect
Guardsmen Must Stay at Asylum.
SALEM, Or., July B. (Special.) Local
members of the Oregon National Guard
are considerably agitated because lour
of their number, who are employes at the
State .Insane Asylum, have been refused
vacations during the encampment at
American Lake. Seven guardsmen are
employed at the asylum, ,and three of
them have been given leave of absence.
Superintendent Calbreatfc. says that at
this season of the year wages are good
elsewhere and It is difficult to keep a full
force of employes. In accordance with
the usual custom, the employes are al
lowed vacations during the year and
some bad already arranged to get oft at
this time. To let all seven of the guards
men go at this time would cripple the
force and the superintendent does not
feel that it would be right to deprive
other men of their vacations in order to
let all the guardsmen go.
CLOUDBURST NEAR DURKEE.
O. R. & N. Track Is Piled High With
Debris.
BAKER CITY, Or., July 5. (Special.)
A cloudburst occurred on Morning Creek,
two miles east of Durkee about 5
o'clock this evening, which did consid
erable damage to growing crops In tho
creek bottom, washed out one of the city
bridges and covered the O. R. & N. rail
road track with debris for a distance of
400 feet
No damage was done to the tracks but
the mud and gravel carried down by the
flood piled up on the track to such an
extent that the west-bound train was de
layed for about three hours while the
track was being cleared. Fortunately
there were no farmhouses in the track of
the flood, henco no lives were lost. The
telephone and telegraph wires are all
down between here and Huntington.
CENTRALIA WOMAN'S SUICIDE.
Miss Lucy Packard Shoots Herself
While In Despondent Mood.
CENTRALIA, Wash., July 5. (Special.)
Miss Lucy Packard committed suicide
here this afternoon between 2 and 3
o'clock by shooting herself in the head
with a revolver. She had made careful
preparations and committed the deed dur
ing the absence of the family from home.
She had evidently placed the revolver In
her mouth and fired the fatal shot The
bullet ranged upward into her brain.
Despondency over continued ill-health is
probably the cause. She was the only
daughter 'of Captain Packard, an old resi
dent and one of the wealthy men of the
county.
Idaho Socialists' Ticket.
WEISER, Idaho, July 5. (Special.) The
Socialist Convention adjourned last even
ing after placing in nomination the fol
lowing for state officers:
Presidential electors, .- J. H. Reeson,
Idaho Falls: John Centre. Mohler; A. L.
Freeman, Boise. For Congress, John H.J
Morrison, Welser; Governor, T. a. anaw,
Pocatello; Lieutenant-Governor, Jame3
P. Smith, St Anthony; Justice of the
Supreme Court John C. Elder, Moscow;
Secretary of State, Edward L. RIgg,
Glenn's Ferry; State Auditor, Thomas J.
Coonrod, Emmett; State Treasurer, H. R.
Clark, Idaho Falls; State Attorney-General,
Louis E. Workman, Boise; State
Superintendent of Education, James L.
Kennedy, Kootenai County; State Inspec
tor of Mines, John Benbow, Boise.
A number of delegates rode 2C0 miles
on horseback to attend the convention.
They propose to make a lively cam
paign. Put White Elephant to Work.
VICTORIA, B. C, July 5. (Special.)-In
taking over the big plant of the Albion
Iron Works, Bullen Bros , of the Victoria
& Esquimault Marine Railways, are well
aware that they are tackling what has
been for a good many years practically
a white elephant The Albion works have
never been a brilliant success; indeed, it
may be said they have never paid. The
plant is valued at something like
$500,000, and comprises a very com
plete outfit for the manufacture of
machinery, stoves, ship plates, heavy and
light castings and steel and iron fittings.
Bullen Bros., who hav6, put la a strong
bid for the repairs to the big steairier Al
goa, which got her nose bruised on Bo
nlta Point will operate the works mainly
as a shipbuilding and repairing establish
ment Judgments Against Match Company.
OLYMPIA, Wash., July 5. A decision In
the notorious Washington Match Com
pany case reached by the Supreme Court
today, gives three judgments against the
company for the amount paid by stock
holders for -stock. The judgments are
obtained on the ground that fraudulent
misrepresentations were made by the
company in order to dispose of its stock.
There were three cases decided today,
the test case being that of J. J. Mulhol
land, respondent, vs. Washington Match
Company, appellant, the other cases, that
of Florence Wood, respondent, vs. Wash
ington Match Company, and Robert Dick,
respondent vs. Washington Match Com
pany, being governed by the decision in
this one.
No Change in Deputies.
OREGON CITY, Or., July 5. (Special.)
With the exception of Assessor Nelson,
who was also re-elected and whose second
term begins In January, the present Re
publican countj' officers inaugurated their
second term today. They all qualified by
subscribing to the required oath and filing
their official bond.
There will be no change in the deputies.
Sheriff J. R. Shaver will retain E. C.
Hackett as Chief Deputy, while F. R.
Greenman will continue in the Chief
Deputyshlp in the office of County Clerk
Sleight Recorder Stevens announces that
C. R. Ramsby will continue to be Deputy
Recorder. County Treasurer Cahlll, and
Superintendent of Schools Zlnser have no
deputies to appoint
Contract Let for City Hall.
LA GRANDE, Or., July 5. (Special.)
At a meeting of the La Grande City Coun
cil, held today, the bids for the construc
tion of La Grande's new City Hall, which
will bo used for the Union County Court
house after the middle of September, were
considered. The contract was awarded to
J. L. Slater, of La Grande, for 515.500. Mr.
Slater agrees to have the building ready
for use by September and will Immedi
ately put a large force of men at work.
The foundation of the structure has Just
been completed, the contract having been
let to J. L. Mars, of this city, and the
corner-stone for the building was laid
July 4.
!
Japanese Commits Harl-Kari.
LOS ANGELES, July 5. Having di
rected in his will that some of his money
should be sent to Japan and put Into the
Japanese war funds to use against Rus
sia, George Kurokaua, a porter in a
hotel, committed hari-kari in his room at
215 Boyd street, this morning. With tho
stoicism of a man who believed that
death Is a trifling thing, Kurokaua
plunged a long knife into his abdomen
and ended his life with great courage.
The motive that prompted the porter to
take his life in this barbarous fashion is
a mystery.
Suit for Injured Hand.
OREGON CITY, Or. July 5. (SpeclaL)
Ida M. Mundhenke, guardian of Walter
F. Mundhenke, today Instituted a suit
against the Oregon City Manufacturing
Company, of this city, to recover over
53000 damages, for fingers crushed, alleged
to have been sustained by her ward while
In the employ of the defendant company
last February. The woolen-mill manage
ment is charged with negligence in not
.notifying the injured lad of the exposed
gearing and the oily and unsafe condition
of the floor on which he was working.
Held for Stealing a Horse.
LA GRANDE, Or., July 5. (Specials
Samuel Bowles, who is charged with hav
ing stolen a horse valued at 550 from the
range in the vicinity ot Hllgard, belong
ing to W. D. Grady, of this city, was
brought before Justice Grant today. The
defendant waived examination, was placed
under 5100 -bonds and will be held till the
I next term of tho Circuit Court
ALL RIGHTS ON FRASER
DOMINION GOVERNMENT MAY
SELL TO EASTERN COMPANY
Rather Than Allow Joint-Hatchery
Plan Now Under Consideration
at Canners' Conference.
NEW WESTMINSTER, B. C, July 5.
(Special.) A man with the Initials "J.
M." arrived today at Ottawa to watch the
proceedings of the international canners'
conference at Vancouver. The man's
name cannot be had, but the story leaked
out that he is a leading capitalist in the
scheme by which a large Eastern com
pany buys from the Dominion govern
ment all the fishing, hatching and can
ning rights of the Fraser River and oper
ates the monopoly by paying a royalty to
save further trouble between Canada and
the United States In thl3 matter, as
Canada does not wish to antagonize
American -.markets in other things and
would rather sell all rlgHfe on the Fraser
River on certain conditions than allow
American capital to enter the hatching
scheme.
The present government does not favor
allowing American capital in Canadian
fish hatcheries and cites "Alaska
boundary." Should this monopoly take
hold of things thtre will be no Interna
tional hatcheries. The monopoly's rep
resentative's name is not obtainable.
Babe Deserted In the Brush.
EUGENE, Or., July S. (Special.) Tho
body of a new-born girl baby was found
this evening at 7:30, hidden In a clump of
thick underbrush on the banks of the
Willamette, in the northern suburbs. L.
M. Beebe, residing in the vicinity, heard
the wall of an infant while looking for a
cow. The child had lain there several
hours and was almost dead from expos
ure. It is being cared for by neighbor
women and will live. Officers have a clew
to the Identity of the young girl who has
thus sought to hide her shame.
Bequests of Elizabeth T. Boise.
SALEM, Or.. July 5. (Special.) The will
of the late Elizabeth T. Boise, sister of
Judge R. P. Boise, was filed here today,
and A. O. Condit was appointed executor.
The estate, aggregating 510.000 In value. Is
divided chiefly among relatives in amounts
ranging from 5250 to 5800. Among other
bequests are: Patton- Home, Portland,
5300; Congregational Church, Salem, Ave
shares of stock in the Phoenix Fire In
surance Company, of Connecticut; Ameri
can Board of Commissioners of Foreign
Missions, 5250: Congregational Home Mis
sionary Society of the United States, 5250.
Wire Fence Was Live.
SPRAGUE, Wash., July 5. Mrs. Frank
Wade, living 16 miles west of here, was
struck by lightning last night and In
stantly killed. Mrs. Wade, With her three
small children and a hired man, had been
down to Crab Creek, about a mile from
home. When they reached homo Mrs.
Wade got out of the rig first to open the
wire gate along the barb-wire fence when
the lightning struck her. She fell to her
knees, got up on her feet again, took
aboutthree steps and fell dead.
Yearly Meeting of Friends.
NDWBERG, Or., July 5. (Special.)
The Friends from over the state are
gathering at New berg to attend the Ore
gon yearly meeting, the first public ses
sion of which was held this morning at
10 o'clock. Tho annual meeting of min
istry and oversight secret, was h$ld yes
terday afternoon. The sessions 'of tha
meeting continue throughout the week
and over Sunday, attention being given
to the various phases of church work.
Idaho Militia Come Through Oregon.
SALEM. Or., July 6. (Special.) Gov
ernor Morrison, of Idaho, today tele
graphed to Governor Chamberlain a re
quest for permission for the Idaho Na
tional Guard to pass through the State
of Oregon on their way to American
Lake to attend the encampment The
request was granted. This permission Is
always secured before militiamen of one
state enter another state.
Thunderbolt Made Her Insane.
OREGON CITY, Or., July 5.-(SpecIal.)-Rachel
Ellen Robb, aged 69 years, of Ore
gon City, was today committed to the
State Insane Asylum. The unfortunato
woman was struck by lightning about six
years ago, and this Is pronounced the
cause for her mental illness. Mrs. Robb
was taken to Salem tonight by Sheriff
Shaver.
Perry Goes to Ccsmopolis.
HOQUIAM, Wash., July 5. (Special.)
The torpedo-boat destroyer Perry com
pleted her official visit In this city this
morning, when at 7 o'clock she weighed
anchor and steamed up the Chehalls to
Cosmopolls, where the citizens "of that
city will have a chance to Inspect the
craft She will leave that city tomorrow1
and proceed to Port Angeles, where they
will have target practice.
Anderson Will Is Upheld.
OREGON CITY. Or., July 5. (Special.)
County Judge Ryan today rendered a
decision In the Lars Anderson will con
test case, sustaining the validity of the
Instrument that was probated in August
last, and by which the entire estate, con
sisting of property to the value of 51500
is bequeathed to Fred and Peter Madison,
both of this county.
NORTHWEST DEAD.
Angus Mackintosh.
SEATTLE, Wash., July 5. (Special.)
Angus Mackintosh, a pioneer business
man of Seattle and father of Kenneth
Mackintosh, Republican candidate for
County Attorney, died yesterday at San
Francisco.
Mr. Mackintosh, with hfs -wife and
daughter Gertrude, who survive him,
went to California eight years ago for
his health. Ho was president of the de
funct Merchants' National Bank, which
succeeded tho firm of -Mackintosh &
Reeves, and later organized the Safe De
posit & Trust Company. Mr. Mackintosh
was one of the promoters of the Seattle,
Lake Shore & Eastern, now the Seattle
branch of the Northern Pacific. He
served in the Commissary Department
of "the Federal Army during the Civil
War.
Herod S. Choate.
OREGON CITY, Or., July 5.-(SpecIal.)
Herod S. Choate, aged 48 years, who died
suddenly of heart trouble at Klliln. this
CASTOR I A
3?or Infants and Children.
Ths Kind You Havi Always Bought
Signature of &tk&yffa&JU
WH.Ii POSZTTVELY CUBE
Kidney and Liver Disease, Rheumatism, Sick
Headache, Erysipelas. Scrofula, -Catafrrn, In
digestion, Neuralgia. Nervousness, Dyapapsia.
Syphilitic Diseases, Constipation. 12.2StJ.630
people were treated in 1903. 25c All dnir.
X cists.
MM8.
A LETTER TO OUR READERS.
63 Cottage St, Melrose, Mass.,
Jan. U, 1904
Dear Sir;
"Ever since I was In the Army, I had
more or less kidney trouble, and within
the past year it become so severe and
complicated that I suffered everything
and was much alarmed my strength and
power was fast leaving me. I saw an
advertisement of Swamp-Root and wrote
asking for advice. I began the use of
the medicine and noted a decided Im
provement after taking Swamp-Root
only a short time.
I continued Its use and am thankful to
say that I am entirely cured and strong.
In order to be very sure about this, I
had a doctor examine some of my water
today and ho pronounced it all right and
in splendid condition.
I know that your Swamp-Root is purely
vegetable and does not contain any
harmful drugs. Thanking you for my
complete recovery and recommending
Swamp-Root to all sufferers I am."
Very truly yours,
I. O RICHARDSON.
You may have a sample bottle of this
wonderful remedy, Dr. Kilmer's Swamp
Root, sent absolutely free by mall, also
a book telling all about Swamp-Root If
you are already convinced that Swamp
Root Is what you need, you can purchase
the regular 50-cent and 51 sizes bottles at
tho drug stores everywhere. Don't make
any mistake, but remember the name,
Swamp-Root Dr. Kilmer's Swamp-Root
and the address, Binghamton, N. Y., on
every bottle.
county, Saturday, was burled yesterday.
He Is survived by a wife and nine chil
dren. The deceased was the uncle of Mrs.
T. F. Ryan, of this city.
DEATH BEFORE BLINDNESS.
J. A. Rotan Commits Suicide Delib
erately at Salem.
SALEM. Or., July 5. (Speclal.)-Jchn
A. Rotan, for many years a prominent
furniture dealer In this city, was the man
who cummitted suicide by jumping from
the Willamette River bridge yesterday
afternoon. His hat was Identified by his
family today and a note was found In
his store bidding his family good-bye and
begging their torgheness. Despondency
over long-continued Illness and approach
ing blindness was tho cause for his act
That Mr. Rotan had deliberately
planned self-destruction la shown by facts
that have come to light today. Three or
four days ago, in conversation with a
friend, he talked in a discouraged tone
over his condition, and said that he
"sometimes thought of going up on the
big bridge and jumping off." Yesterday
morning he told another friend that his
dues In tho A. O. U. W. were delinquent,
and asked him to pay them that day
without fail. Later In the forenoon he
went himself and paid his dues, thus se
curing to his family" the 52000 Insurance
on his life.
In the afternoon he wrote the note to
his family and then went up on the steel
bridge. There he met one or two friends
and talked on several subjects, but gave
no intimation of his desperate purpose.
A moment later, when no one was near,
he sprang over the rail and fell 50 feet
to the water. Men went to hl3 assist
ance In a boat and could have reached
him, but he swpm away from them and
dellbterately held his head under water
until he finally sank.
Mr. Rotan was G7 years old, and came
(to Salem from Fort Dodge, la., about 30
years ago. During his residence here he
has been highly esteemed in business and
social circles and was a member of the
Masonic fraternity. Besides his wife he
left three daughters, Mrs. Harry T.
Clark and Miss Cora Rotan, of Portland,
and Miss Oskle Rotan, of Salem". Search
Is still being made for the body but with
little hope for success for several days.
Reform Mayor Is Installed.
THE DALLES, Or., July 5. (Speclal.)
At a meeting of the City Council tonight
Frank A. Seufert, the newly-elected
Mayor of this city, formally assumed his
official position, succeeding Mayor F. S.
Gunning. Mr. Seufert delivered his in
augural message and outlined his policy
to tho Incoming Council.
Lomax Will Move to Baker City.
BAKER CITY, Or., July 5. (Special.)
Leroy Lomax, the recently-elected Dis
trict Attorney, and the newly-elected
county officers qualified today, and as
sumed the duties of their respective of
fices. Mr. Lomax announced that he
would change his residence from Union
to thl3 city at once.
Improving of Astoria Streets.
ASTORIA. Or., July 5. (Special.) The
Council at its meeting this evening passed
ordinances providing for the Improvement
of Duane and Third streets with macad
am and the construction of cement side
walks. A resolution was adopted de
claring the intention to improve five
blocks on Grand avenue in a similar
manner.
Woman's Mania Is Suicidal.
ASTORIA. Or., July 5. (Special.) Mrs.
a mother should be a source of Joy to all, but the Buffering and
danger incident to the ordeal makes its anticipation one of misery.
Mother's Friend is the only remedy which relieves women of the great
pain and danger of maternity ; this hour which is dreaded as woman's
severest trial is not only made painless, but all the danger is avoided
by its use. Those who use this remedy are no longer despondent or
gloomy; nervousness, nausea and othef distressing conditions are
overcome, the system is made ready for the coming event, and the
serious accidents so common to the critical
hour are obviated by the use of
Friend. "It is worth its weight
says many who have used it.
bottle at drug stores. Book containing
valuable information of interest to all women, will Llanf Aif j
be sent to any address free upon application to g 1 g llf I
BRAOFIEW REGULATOR QQ. Atlanta Ga. I E Iwllll
icncy, laorougniy curecu jxo lauure. uurcs guaranteed.
YOUNG TOES troubled with night emissions, dreams, exhausting drains,
bashfulness, aversion to society, which deprive you of your manhood. UNFITS
YOU for BUSINESS OR MARRIAGE.
MIDDLE-AGED MEN, who from excesses and strains have lost their MANLY
POWER.
BLOOD AND SKIN DISEASES, Syphilis, Gonnorhoea, painful, bloody urine.
Gleet, Stricture, Enlarged Prostate. Sexual Debility, Varicocele, Hydrocele, Kid
ney and Liver Troubles, cured without MERCURY OR OTHER POISONOUS
DRUGS.. Catarrh and Rheumatism CURED.
Dri Walker's methods are regular and scientific He uses no patent nostrums
or ready-made preparations, but cures the disease by thorough medical treat
ment. His New Pamphlet on Private Diseases sent free to all men who- de
scribe their trouble. PATD3KT8 cured at home. Terms reasonable. All letters
answered in plain envelope. Consultation free and sacredly confidential. Call
oil or address
j DR. WALKER, 181 First Street. Corner Yamhill, Portland, Or.
WE DO IT THE
RIGHT WAV
YOUR PIANO CAN BE KEPT IN
PERFECT CONDITION FOR
VERY LITTLE MONEY
Repairing, Tuning, Polishing and
Cleaning Made a Specialty Of by
Ellers Piano House.
We are as well prepared to take care
of a good piano as we are to sell one at a
less price than any other concern In tha
country. Our repair shop is the largest
on the Coast and Is equipped with the
finest and most modern i .uinery. Our
large force of workmen are skilled, and
can do everything perfectly from remov
ing a scratch to putting on a new set ot
strings, replacing a sounding-board, or
adjusting an action.
It Is a mistake to neglect pianos. They
possess some of the most delicately ad
justed mechanism, which needs occa
sional looking after.
Leave your piano with us while you
are away for the Summer, and we will
return it to ou whenever you order,
"good as new" inside and out and tho '
cost you will find is trifling.
Phone us Exchange 23, and we will
send an expert up to find out what your
piano needs, and make an estimate of
the cost Ellers Piano House, largest,
leading and most responsible piano store
on the Pacifis Coast
Home of the Hazelton. Lester. Hobart
M Cable. Crown and Haddorff piano,
as well as the three leading pianos In
tne world, tne UTilcKerlng of Boston,
Weber of New York, and .Kimball of Chl
cagp, ateo the Pianola, the only perfect
piano-player.
The wfcre? 351 Washington street,
corner Park.
60 PER CENT OF THE ADULT POP
ULATION SUFFER FROM ONE
PAINFUL AILMENT.
Think what this means. Imagine the
amount of misery that exists and is endured
simply because people do not know there is
an absolute cure.
The only way to cure any complaint is to
remove the cause. There are very few dis
eases or ailments that can be cured by ex
ternal application and piles is not one of
them. Piles can be cured; the treatment
must, however, be internal, for the cause of
piles is an internal disorder of the liver or
the bowels. Even catarrh of the stomach
and bowels can be cured by I)r. Pejulin's
Pile Specific, The Internal Remedy.
Here is an instance of what this practically
infallible remedy will do:
Dr.'C. A. Perrin, Helena, Mont Dear
Sin I have nearly finished the former bottle
of Perrin's Pile Specific and am practically
well. My case was one which most physi
cians would have pronounced incurable, as I
was afflicted with a dysentery and compelled
to go to the toilet room from three to five
times each day and each time would bleed
from one-half to one tcacupfuL I had to
resort to bandages and absorbent cotton to
check the flow of blood, and now the past
ten or twelve days there has been no sign of
bleeding and my appetite is good; have
gained ten pounds in weight and feel like a
new lease of life was given me.
ycry truly yours, J
w T, R. Haxxis,
October 20th; 1903. J$k Ycrington, 1st.
Dr. Perrin's Pile Specific is sold by all
reliable druggists at $1.00 the bottle, under
an absolute guarantee to refund the money
should this great internal remedy fail to
cure.
Dk. Perrin MedicalCc Helena, Mont.
Mary S. Agren, wife of Louis Agren, of
this city, was adjudged insane by tho
county examining board this afternoon
and was taken to the asylum In Salem
this evening. The woman Is a native of
Finland, 54 years of age, and during the
past three years has been subject to
frequent attacks of suicidal mania.
Astoria Hose Team Coming.
ASTORIA, Or., July 5. (Special.) The
Astoria hose team, consisting of IS men,
will leave for Portland tomorrow to par
ticipate in the hose races In that place on
Thursday. The team will also give an
exhibition run in the Carnival grounds
Saturday evening.
Suit Over Logs at Clatskanie.
ASTORIA, Or., July 5. (Special.) The
trial of the case of Jacob Kamm, of Port
land, vs. Alexander and Fred Normand,
of Olney, was commenced In the Circuit
Court this afternoon. The suit Is brought
to secure an Injunction restraining the
defendants from floating logs down tho
north fork of the Clatskanie River, on
the alleged ground that the practice is
damaging the plaintiff's property.
Every mother feels a
great dread of the pain
and- danger attendant upon
the most- critical period
of her life. Becoming
Mother's
in gold,"
$t.oo per
Twenty Years of Success
In the treatment of chronic diseases, such as liver, kid
ney and stomach disorders, constipation, diarrhoea,
dropsical swellings, Brlght's disease, etc.
Kidney and Urinary
Complaints, painful, difficult, too frequent, milky, or
bloody urine, unnatural discharges speedily cured. r
Diseases of the Rectum
Such as piles, fistula. Assure, ulceration, mucous and
bloody discharges, cured without the knife, pain or
confinement.
Diseases of Men
Slodd poison, gleet, stricture, unnatural losses, lmpo-
-y
IV
IMS
djrTm'
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