THE MORNlftOr ORE GONIAL, TUESDAY, NOVEMBER 1, 1904.
INSURER IS LIABLE
Supreme Court Decision's
Against Companies.
JOHN . ALLESINA WINS SU1J
When Premiums Are Received on
Mortgaged Property the Insur
ance Company Cannot Re
fuse Payment on Policy.
Where mortg&Eed personal property Is
Insured In sooi faith and the Insurance
company retains the premium -without
asking any questions about a mortgage
and no representations having been'
made by the insured, the company will
be held to have waived the condition
la the policy on this subject.
The. defense that an Injury traa.
caused by the negligence of a fellow
eervant cannot be taken advantage of
unless it Is pleaded In the answer. .
If an agent makes secret proflta In
the business of hla principal, the profits
belong to the latter.
SALEM, Or., Oct. 3L (Special.) That
the printed provisions In a contract of in
surance -will be held to be waived under
certain circumstances Is the decision of
the Supreme Court today In an important
case in which five insurance companies
were interested. John Allesina, of Port
land, was the victorious plaintiff, while
the defeated companies are the London,
Liverpool & Globe, London & Lancashire.,
Orient, Norwich Union, Westchester and
Atlas Insurance Company. Justice Bean
wrote the opinion affirming: the decision of
the lower court-
The Dronerty Insured was a stock of
umbrellas and parasols. After the de-,
structlon of the property by fire the com
panies refused to pay the Insurance on
the ground that the property was cov
ered by chattel mortgage, in violation ot
the terms of the policies, which pro
vlded that If the property should be or
become, mortgaged the policy would be
void. This suit was brought, and after
trial befpre Judge Frazer. judgment was
rendered in favor of plaintiff, and de
fendants appealed.
The Supreme Court refuses to uphold
the defense referred to, for "such-a con
elusion would be to Impute to an Insur
ance company a fraudulent intent to
wrong and deceive the insured by issuing
and delivering a policy not Wndlng as a
contract of insurance, although it received
and accepted the premium therefor.
knowing that the Insured believed the
contract valid. We are unwilling to adopt
a 'view which leads to such results, and
which the facts do not warrant."
The rule of law laid down by the court
in these cases is as follows:
"When an insurance company issues J
Dollcy covering mortgaged property with
out a written application, and without
making any -inquiry as to lncumorances
accepts and retains the premium without
any statements or representations being
made in reference to incumbrances by the
assured, the latter paying the premium
and accepting the policy in good faith, not
knowing that the incumbrance in any
way affects the contract, or that the com
pany intends to Insist upon the mortgage
clause, the company will bo held to have
accepted the risk, with the liens and in
cumbrances thereon, and to that extent
have waived or modified the printed terms
of the policy."
Duff vs. Willamette I. & S. Works.
M. Jj. Duff, administrator of the estate
of James Duff, deceased, appellant, vs.
"Willamette Iron & Steel Works, respond
ent, from Multnomah County, A. I Fra
zer. Judge; reversed and remanded. Opln
ion by Justice Bean.
This was an action to recover damages
for the death of James Duff, alleged to
have been caused by the negligence of the
defendant. Duff was working as a black
smith's helper in defendant's shops. About
20 feet from him John Hylander was
heating a piston-head for the purpose of
shrinking It on a rod. The piston-head
exploded, killing Duff, and tills suit re
sulted, the complaint charging the company
with negligence In not providing Duff a
safe place in which to work. The com
pany denied the charge of negligence and
averred that the explosion of the piston
head was an accident, against which de-
lenaant couia not uy reasonable care
have guarded, and that Duff was him
self guilty of contributory negligence. The
trial resulted In a verdict for defendant
end plaintiff appealed.
The trial Judge instructed the jury that
Hylander was a fellow-servant of Duff,
and that If the accident was caused by
Hylander's negligence the plaintiff could
not recover. While the Supreme Court
upholds this rule of law, the instruction
is held to be erroneous In this case bo-
cause the fellow-servant defense had not
been pleaded. The case, therefore, goes
oac& lor new inai.
Culver vs. Randle.
Alice C. Culver, appellant vs. John Kan
die. respondent, from Josephine County,
H. K. Harma, Judge; reversed and re
manded. Opinion by Chief Justice Moore,
In an action to recover possession of
personal property or Its value, if the prop
erty has been secured by plaintiff, -and is
later taken away by defendant on exe
cutlon. it is error to render Judgment for
defendant for the property or Its value
and costs and disbursements. The defend
ant having taken the property, the Judg
ment should he for costs and disburse
ments only.
Carter vs. Wakeman.
Nancy Carter, appellant, vs. Miles
Wakeman, respondent, from Jackson
County, H. K. Hanna, Judge; reversed
and new trial ordered. Opinion by Chief
Justice .Moore.
Held that a stipulation waiving some of
the requirements of the statutes In the
manner of taking deposition, is not
waiver of the right to Insist upon proof
or the continued lnflrmlty of the witness,
as provided In section S40 of the code.
Kroll vs. Coach.
William Kroll and B. W. Sparrow, re
spondents, vs. William Coach, appellant.
from Douglas County, J. W. Hamilton,
Judge; affirmed. Opinion by Justice Wol
verton.
Held that "if an agent shall make any
profits In the course of his agency by any
concealed arrangement, either In buying
or selling or other transactions on ac
count of the principal, such profits will
oelong exclusively to the latter."
The case of United States Mortgage &
Trust Company vs. Henry S. McClure. In
vdlvlng property in Portland, was today
appealed to the Supreme Court of the
United States. The decision of the State
Supreme Court was adverse to McClure.
and he took the appeal to the Federal
Court.
NEW RURAL DELIVERIES.
Routes Recommended Which Will
Replace Four Postoffices.
OREGON CITY, Or.. Oct 3L (Special.)
Inspector , of Rural Routes Clement has
recommended to the PostofSce Department
at Washington, the creation of two add!
tional rural mall routes to he operated
from the Oregon City office. Carrier No.
2 will meet one of the new carriers at
Iog&n about U A. M., when a transfer of
mall will he made, the route extending via
"Viola to Highland, , thence to Springwater
and back to Logon, covering a distance 01
about 20 xnllee and serving 85 families.
The other route will consist of a loop
from route 2r the carrier of that route
meeting the new carrier at Shubel, he then
proceeding to Highland, returning via the
Moehnke settlement to tno starting point.
This route Is IS miles in, length and will
reach 93 families. The creation of these
two routes, which will be started as soon
as the. Government can favorably act on
Mr. - Clement's recommendations, will
likely do away with the postoffices at
Beaver Creek, Highland, Clarkes and
Springwater. as well as doing away with
the star route to MeaaowDrooK.
IK CENTRAL OREGON. f
Senator Fulton Speaks In Harney and
' Grant Counties.
CANYON CITY, Or., Oct. 2L (Special.)
Senator C w. Fulton passed througn
this nlace today on his way to Burns and
other Harney County points, tie nas maoe
two addresses, one at Prairie city, r-Ti-day
night, and another at this place Sat
urday night.
On both occasions very large auaiences
greeted the distinguished speaker, drawn
more by ihe desire to see and hear a
prominent member of the United States
Senate than to listen to a discussion of
political issues. And this attitude of the
people is highly pleaMng to the Senator,
who has frequently declared mat nis
original mission amang them was to see
them an-I learn of their wishes in matters
of Federal legislation. A secondary pur
ine was to see the country and study its
resource?, with special reference to tno
roposed Hamey-Silvles irrigation project.
TOO MANY VOTERS.
Thought That 1500 Who Registered
in Butte Are Illegal.
BUTTE, Mont, Oct. ZL At the close of
the registration books tonight, the
total number of voters booked for Sliver
Bow County is 18,149. Of this number it
Is believed fully 1500 are Illegal, and de
termined efforts will be made by the
Democratic and Republican County Cen
tral Committees to eliminate these. The
registration figures four years' ago were
18,250.
Oppose Saloons in Yamhill.
NEWBERG. Or., Oct 3L (Special.)
Newberg turned out en masse last even
ing in Crater's Hall and listened to spir
ited addresses by some of the leading citi
zens of the town in favor of local option
and prohibition. The churches dispensed
with their evening services. Short ad
dresses were made by Mayor Ll M. Par
ker, who presided; ex-Mayor N. C Chrls
tenson, cashier of the Chehalem Valley
Bank; . Representative B. C Miles, Hon.
Clarence Butt attorney; Professor J. C
Hodson, H. E. McGrew and Hon. E. H.
Woodward. All attacked the saloon with
ungloved hands and declared for jirohlbl
tlon in Yamhill County. Music for the
evening was furnished by a union choir.
led by Professor C W. Kantner, of Pa
cific College.
Politics Badly Mixed.
G LEND ALE, Or., Oct 3L (BpeclaU)
Stephen Judson, Democratic candidate for
Lieutenant-Governor, and Colonel Do
Uttle, of Tacoma, spoke to a large audi
ence at Armory Hall tonight Colonel
Dolittle's eloquent appeal for the sup
port of the National Republican ticket
created intense enthusiasm.
FIR LOG PRICES GO UP.
Good Eastern Lumber Market Raises
Price on Columbia.
ASTORIA, Or.. Oct. 3L (Special.) There
has -been an improvement during the past
few days In the demand for yellow fir logs
in the Lower Columbia River district and
as a result the price has advanced from J6
and $6.50 per thousand to $7 and $7.50. Sev
eral of the loggers haye already notified
the mlllrnen that no, more sales wllll be
made at the old figures. The cause of this
advance is a better market In the East
for the first grades of lumber, and a drop
ping off in the demand for the lower
grades. i
Will Entertain Grangers.
CORVALXJS. Or., Oct 2L (Special.) De
tails are being arranged here for enter
taining the delegates to the National
Grange on an excursion through the Wil
lamette Valley during the session in
Portland the latter part of November.
Hon. B. G. Leedy, master of the Oregon
State Grange, recently inquired as to the
feasibility of a visit by the National dele
gates to the Oregon Agricultural College.
The Corvalll8 grange will provide a ban
quet for the party. The delegates number
about 100, and It Is estimated that 100
Oregon grangers will be among the visit
ors. The date is set for Tuesday, No
vember 22.
Will Plan Exhibit.
OREGON CITY, Or., Oct 3L (Special)
A local teachers' Institute will be held
at Harmony, Clackamas County, Satur
day, November 12. when the details of
gathering an educational exhibit from this
county for the Lewis and Clark Fair will
be discussed and arranged. Among the
other speakers at the meeting will be Su
perintendent Addle Clark, of the Oregon
City schools, who will give her impres
slons of the World's Fair. The committee
having charge of the institute is composed
of Superintendent J. C. Zlnser. Professor
Lu A. Read and Miss Fannie G. Porter.
To Celebrate Anniversary.
OREGON CITY. Or.. Oct 3L (Special.)
The members of the First Congregational
Church of this city are arranging for a
proper celebration of the 60th anniversary
of the organization of the church. The
anniversary services will he held Novem
ber 15-20 Inclusive, and the meetings will
be addressed by a number of the leading
Congregational clergymen ot the state. In
eluding Rev. E. I House. Rev. D. B. Gray
and Rev. J. J. Stout of Portland; Rev,
P. S. Knight and Rev. W. C. Kantner, of
Salem. Rev. Mr. Knight will preach the
anniversary sermon on Sunday, November
20.
Fewer -Games In Astoria.
ASTORIA, Or., Oct SL (Special.) The
receipts of the Police Department from
fines and forfeitures during the month of
October were $71", or $130 less than the
amount collected from the same source
during the corresponding month of. last
vear. The decrease is due to the fact that
there are not so many gambling- games
running now as there- were a year ago.
, Dies From Injuries.
EUGENE. Or., Oct ZL (Special.) Sam
uel Moody, 15 years old. of Springfield,
died last night after the amputation ot
both legs. He fell under the wheels of
a Southern Pacific train at Henderson
Station yesterday afternoon and both legs
were crushed.
Brings Gold From Australia.
SAN FRANCISCO, Oct 31. The steam
ship Sierra, which arrived today from
Australia and Hawaii, brought $500,000 in
sovereigns. Among her passengers was
Sir Henry Chermslde, ex-Governor ot
Queensland, who is on his way to Lon
don.
Saw Mangles Hand.
EUGENE. Or. Oct 21. (Special.) A. H.
Smith, an employe of the Eugene Lumber
ComDany. had his right hand badly man
gled today. He was operating the slab
saw and 'in some manner got his hand into
the saw.
Well-Known Patent Lawyer.
SAN FRANCISCO. Oct 3L-John
Boone, one of the best-known patent law
attorneys on the Coast died at his resl
dence in this city today, after an illness
of nine months' duration.
SHOOTS HIS FATHER
Tacoma Telegrapher Defends
Himself and Mother.
HIS PARENT WAS. DRUNK
J. B. Carlson Will Probably Die Be
cause He Broke Into Room Where
His Wife and Son Had Hid
den From Him.
TACOMA, Wash., Oct 21 John B. Cart
on, a contractor, was shot and probably
fatally wounded by his son, Emll J. Carl
son, chief night operator of the Western
Union Telegraph Company, at the family
home this afternoon.
Immediately after the tragedy, the son
hastened to the Sheriff's office and surren
dered himself.
According to the son's story, his father
came home drunk and threatened to kill
Mrs. Carlson and Carlson, Jr. They ran
upstairs and locked themselves In
roon. Carlson, Sr., broke in the door, and
was immediately shot He is now In
hospital and will probably die.
CLUBS MAN AND FLEES.
Carl Long, of Buttevllle, Leaves Vic
tim and Runs Before Posse.
SALEM. Or., Oct 3L (Special.) Sheriff
W. J. Culver received a telephone message
trom Buttevllle tonight saying that
yourg man named Carl Long struck an
other man over the head with a club.
knocking his victim senseless and prob
ably injuring him fatally. The message
gave no further particulars except that
Long Med to the woods and a posse Is in
rursult The name of the Injured man was
not given.
Sheriff Culver will go to Buttevllle, Q
miles north of here, tonight and be there
to join in the hunt tomorrow.
ROBBERS ARE POLITE.
Unmasked, They Hold Up Butte Store
and Say Good-Bye.
BUTTE. Mont. Oct 21. A Miner spe
cial from Trout Creek says that three
unmasked men tonight held up the gen
eral store of E. W. Brown In a daring
manner, compelling Brown at the point
of pistols to turn over the contents of
the till and safe. The bandlta secured
about $100. While one of the robbers stood
guard at the door, the others operated
within the store. The men made no at
tempt to conceal their Identity, bidding
good-bye after taking everything in sight
BURNED THEIR STORE.
Centralla milliners Who Wanted In
surance Go to Penitentiary.
CHEHAL3S. Wash., Oct 21. J. H.
Mann was sentenced to five years in the
penitentiary and his wife. Nettle Mann.
to one year by Judges Chapman and
Rice thla afternoon. Motions for new
trials were denied. The Manns burned
millinery store in Centralla in August for
the Insurance money.
Holds Bodies for Burial.
LA GRANDE. Or., Oct 3L (Special.)
The bodies of Charles Webster and James
Chesser, the men who are dead as the
result of a furious .row at logging-camp
No. 4 Saturday night are now in the
hands of Coroner Henry at La Grande
awaiting instructions of relatives In the
East The facts regarding the killing, as
brought out by the Coroner's Inquest
held Saturday, are substantially that
Chesser, the foreman of the camp, dis
charged Webster and that a quarrel en
sued, after which Webster shot and killed
Chesser. Webster soon after committed
suicide.
Attacked Wrong Man.
SALEM. Or., Oct 3L (Special.) H. A.
Johnson, an elderly man, who was for a
number pf years Justice of the Peace In
this city, was attacked today by Bert
Snyder, a young man partially under tne
influence of liquor. Snyder was the as-
gressor without provocation. He did not
get far with his attack, however, for
Johnson landed a couple of quick blows
on Snyder's neck, and was In a fair way
to give him more punishment of the same
kind, when Attorneys Ellis Richardson
and L. H. McMahon seized Snyder and
held him until an officer arrived.
Dying Boy on Trial.
VANCOUVER, B. C, Oct 31. John
Kay, 15 years old .and apparently dying
of consumption, was placed on trial today
for the murder of John Splttal last. Feb-.
ruary. Kay contracted consumption In
jalL He Is so weak ho can hardly sit up
in the dock. The. evidence against him is
entirely circumstantial.
Packing Dog Salmon.
BELLINGHAM, Wash., Oct 31. (Spe
cial.) The run of dog salmon has begun
in Bellingham Bay. The canneries are
running overtime to pack the large
catches that the fishermen are bring
ing in.
The run this year will far exceed that
of last year. The prices are also better
than they have been for a long time. The
Sehome Canning Company and the As
toria & Puget Sound Packing Company
are canning dog -salmon at the rate of
from 15,000. to 20,000 weekly. Next week
promises to be much better than the last
week has been for the fishermen. While
the dog salmon are coming in immense
schools, the silver variety Is decreasing
dally.
Her Turn Now.
SALEM, Or., Oct 3L (Special.) Esther
Hamilton today brought suit for divorce
from her husband. J. Lu Hamilton, of this
city. She alleges desertion. About a year
ago Hamilton brought suit against his
wife for divorce upon tne same grounds,
hut the suit was dismissed when the court
ordered plaintiff to pay his wife's at
torncy fees and expenses Cor defending
the suit
New Fire Chief.
ASTORIA, Or., Oct 3L (Special.) The
resignation of Charles H. Stockton
chief of the Astoria Fire Department
took effect this evening, and he was suc
ceeded by C. E. Foster. Mr. Stockton
leaves tomorrow with his family for Port
land, where they will reside.
Receipts of Land Office.
SALEM,-Or., Oct St (Special.) The re
ceipts of the State Lana umce ror tne
month of October amounted to $26,928.54.
This sum is a little below the average
monthly receipts.
Douglas County Taxes.
SALEM. Or.. Oct 3L (Special.) Doug
las County today settled its state taxes
for 1904 by paying a balance or 6,sz.6z.
Bandit Runs Into Plucky Officer.
TUCSON. Ariz., Oct 3L A masked
man with pistol to hand entered one
the largest saloons in the city today, and
ordered all present to hold pp their hands.
There were eight players at tne cam
table, and these were stood up against
the w&IL The highwayman prceeaea
help huuMlf to the coin in fight,.
this point Officer Wheeler, of the Rang
ers, appeared on the scene and opened
fire on the bandit They exchanged
shots, and the bandit fell wounded. WhQe
he lay on the floor he placed his pistol
to his temple and fired, but the wound is
not serious. The highwayman had an.
accomplice on the outside ot the place,
who fired one shot at Wheeler, but missed
him.
THANKS "WIRED E00SEVEIT.
Peace Advocates Glad Second Confer
ence Is Called at The Hague.
CHICAGO, Oct. 31. Vhe principal
feature of. a universal peace service
held in Stlai Temple has been the send
ing of a telegram to President Roose-
elt, praising him for bis "significant
and progressive action" In, calling to
gether The Hague Peace Tribunal for
the second time. Nearly 1000 persons
listened to addresses in the Interest ot
universal peace by Frau Leonore Se
lenk, professor in the University of
Munich; the Rev. Charles Wagner and
the Rev. X. Koenig, of France, and Miss
Jane Adams and Dr. Emil G. Hlrscb, of
Chicago.
"To your President, Theodore Roose
velt, Is due the thanks of every peace
advocate In the world," said Frail Se
lenk. who In 1899 represented the wom
en of 13 countries at ttie first convoca
tion of The Hague tribunal.
"He was the first to set The Hague
tribunal in action, at first over a con
troversy that might have involved
Mexico in war. and again when the
clash between nations was threatened
over the Venezuela difficulty."
Frau Selenk, speaking on the causes
leading to war, blamed the public in
general for lack of imagination, which,
she said, made it impossible far the
people to comprehend the meaning: of
6O.Q0O men dead on a battlefield. She
accused the press, especially in the
United States, of hardening hearts by
tones and pictures of war. She said
the English papers tried to cause a
war by arousing a falsifying honor in
the recent trouble with Russia. Dr.
HIrsch said Russia's war with Japan
was created by International causes
which had led the Czar's advisers to ad
vocate aiv excursion into Asia and
blood-letting as a counter-irritant to
prevailing unrest
Dr. Wagner declared the principal
cause of war is ignorance of the ways
and the people of other nations. "When
nations know each other thoroughly,"
he said, "there will be no more wars.
We should not look for what is bad In
other nations, but seek the good In
them.
HER VOTE SUEE.
(Continued from First Page.)
mann. Republican. 3093 for Congress.
against 1802 for veatch Democrat or a
plurality of almost 1300. In June, 1S02, the
vote on Secretary of State In this county
was 3232 Republican and 1S40 Democratic,
or a plurality of 1390. From the best in
formation that can be had, it is believed
that Marion County's vote on President
next month will be Republican, 3100; Dem
ocratic, 1700; Prohibition, Socialist ana
People's, SOO. Should the conditions be
good for plowing or should the weather
be extremely bad. the vote will probably
be lighter than hero indicated.
Tillamook County.
TILLAMOOK, Or., Oct 31. (Special.)
A full -vote is expected, as consider
able Interest is taken in the anti-saloon
question. The Republican vote will be
about 650; Democratic 200; Socialist,
90; Prohibitionist 80; People's, 60. Re
publicans are conducting a quiet cam
palgn. and the other parties are doing
very little. Local option is the princi
pal topic of discussion and there Is i
strong sentiment In favor of prohibl
tlon.
Umatilla County.
PENDLETON, Or.. Oct 31. (SpeclaL)
Three-fourths of the registered vot
ers will cast their ballots for Roosevelt
Frank Curl, chairman of the Repub
lican County Central Committee, esti
mates tne plurality at more than 1000.
Union County.
UNION, Or., Oct 3L (Special.) In the
June election the vote for Congressman
was: Republican, Ji47: Democratic, 1218;
Socialist 257, and Prohibitionist, 229. A
Republican plurality of 629. Owing to the
county seat fight a heavy vote was polled.
and It Is thought the presidential vote
will not be so large. If the full vote is
polled, the Republican plurality will be
about 500.
Wallowa County.
ENTERPRISE, Or.. Oct 31. (Spe
ciaL) In this county 1540 voters are
registered and it is probable that 1400
votes will be cast at the coming elec
tlon. It Is safe to say that 900 of these
votes wlll'bo cast for Roosevelt Many
Democrats have declared their Inten
tion of voting Republican. Although
there was factional strife In the Re
publican party last Spring over nom
lnatlon of Congressman, the Republi
can candidate received 752 votes
against the Democratic candidate's 537.
Washington County.
HILLSBORO, Or., Oct 31. (Special.)
Roosevelt will carry Washington
County by 1000 to 1200 plurality. Demo
crats are making no organized fight
and have not held a moetlncr.
Few Democrats will vote for Roosevelt
but there is a feeling among them that
Parker is not their choice, and that
as Oregon's electoral vote will go for
Roosevelt, going to the polls will be a
loss of time.. Tne Populist electors will
probably poll more votes than the
Parker electors.
The vote on prohibition Is likely to
be very close, owing: to the Demo
cratic stay-at-homes. The Prohibition
managers think they will carry the
county or a majority of the precincts.
Yamhill County.
M'MINNVILLE, Or.. Oct ZL (Special.)
A full vote Is expected. Prohibition will
be close.
Navy In Need of Engineers.
WASHINGTON. Oct 31. Rear-Admlral
Charles W. Rae. Englneer-in-Chlef of the
Navy and Chief of the Bureau of Steam
Engineering, in his annual report mado
public at the Navy Department says the
present engineering condition In the Navy
is "a cause of grave anxiety to all con
versant with the subject
He presents statistics showing the scar
city of engineer officers In the Navy to
day and urges special legislation with
view to increasing the number of naval
officers available for engineering duties.
He further says it Is the bureau's de
sire to start as soon as possible tests
with turbine machinery.
Cortelyou Through In Chicago
CHICAGO. Oct 31. The Western head
quarters of the Republican National Com
mlttee will be In the hands of minor offi
clals for the remaining days of the cam
paign. Chairman Cortelyou completed
his visit to Chicago tonight and returned
to New York. Vice-Chairman New will
leave for Indiana- tomorrow, returning
Thursday. It was announced tonight that
the visit of Chairman Cortelyou was for
the purpose of checking up accounts, and
for the general consideration of campaign
expenditures.
Political Deadlock Broken.
MADRID. Oct 31. The political dead
lock was broken today by the tadoption
bV the Chamber of Deputies of a resolu
tlon which had the approval, of all the dif
ferent xrouoe. agreeing to refer th que
tkra-of the proMcvtion of -departs th
Atjjeottrt el caiM,ttont
MEAD IF IT RAINS
Storm on Election Day Will
Defeat Turner.
FARMERS WILL NOT VOTE
Anti-Railroad Sentiment In Rural
Districts of Eastern Washington
the Only Weak Spot In
Mead's Campaign.
SEATTLE. Wash., Oct 3L (Special.)
Weather will be an Important factor in
the Washington election. Storms could
ery easily determine the result of the
Gubernatorial contest and among shrewd
politicians who are following state con
ditions closely the- weather prognostica
tions are closely observed.
A big storm in Eastern Washington
would make Mead's election absolutely
certain. Severe Winter weather in West-
Washington might possibly elect
Turner. A bitter, cold driving rain that
would keep the country vote of Western
Washington at home and deter men In
the cities from voting la the condition
that Republicans fear. Democrats are
apprehensive over Eastern Washington
weather conditions.
As a rule the weather in Washington
election day has not been serious
enough to affect the vote materially. But
at the same time there has not been an
other election in years in which the fight
has been so bitter, and all conditions have
been called upon to contribute toward the
final result.
In Eastern Washington Mead ha3 made
consistent gains In the towns. He has vis
ited all the Important towns b that part
of the state and has met the voters per
sonally. It Is conceded by politicians of
both parties that this campaign has
trengthened him and that his strongest
following will be in the country towns.
Outside the towns the vote is pretty
largely inclined toward Turner. This Is
due in part to the railroad commission
campaign that has been conducted for
years in Eastern Washington and the fact
that Republicans have not been able to
meet the antl-rallroad sentiment that, has
a foothold in the country precincts.
Given a bitter storm that would make It
extremely difficult for country voters to
get to the polls, and the result in Eastern
Washington would be favorable to Mead
beyond any expectation of his most en
thusiastic supporters. The loss of the
couutry vote would entirely eliminate
Turner and this would be lost If severe
weather prevented the voters from reach
ing the polls.
On the West Side the country vote is
largely Republican. The efforts of Demo
crats to spilt the Republican vote has
been confined largely to the cities. In the
larger counties of King and Pierce, for
instance, the country will give Mead a
good plurality and comparatively little
cutting will result It is in the cities of
Seattle and Tacoma that the bitter fight
has been waged and knifing will, follow.
To a lesser degree similar conditions
prevail all over Western Washington. The
country vote Is not seriously affected by
Democratic attacks and will give Mead
good support
A season of bad weather that would cut
up the roads, followed by a cold, driving
rain on election day would be almost cer
tain to materially reduce the country vote
of Western Washington. Voters living at
a distance and compelled to walk or drive
to the polling places would not brave bad
roads and bitter weather. For that reason
there Is danger to the Republicans In
heavy rains during the next week.
MILLER HEARING SET.
Land-Fraud Case Will Be Interest
ing.
OAKLAND Or.. Oct 31. (Special.)
Charged with land fraud, Harry F. Miller
was given a hearing before the United
States Commissioner here today. He was
held under $1000 bonds to appear at an
other hearing Thursday.
Three other men are to be arrested with
in a day or two on the same charge. It
is believed that they are Intimately con
nected with the Miller case.
If half the whispered rumors are true.
evidence that is most sensational will be
brought out at the hearing Thursday,
and following the arrests of the others
connected with Miller. Who these other
prospective defendants are the United
States representatives here refuse to say.
Special Inspector Greene, of the Interior
Department and Assistant United States
District Attorney W W. Ranks were pres
ent at the hearing.
Miller, who comes from Roseburg. was
arrested Saturday. The specific charge
against him is that of Inducing Eastern
men and women to make locations on tim
ber land. This land was then transfered
to the company which Miller said he rep
resented, the Emmetsburg Company, ot
hew Zealand. He paid the location ex
penses. Special Inspector Greene for nearly a
month has been busily working up the
case against Miller and the others to be
arrested. It is reported, though unoffi
cially, that the Miller case has a direct
bearing upon the alleged gigantic con
spiracy which has dealt fraudulently In
Oregon timber lands.
TH30WING- UP SIEGE WORKS.
Russians Can Plainly Observe the
Works of the Japanese.
MUKDEN. Oct a (via Pekin). The
manifestations of the Japanese in their
center, which converges at a point
where the plain meets the hills, have at
talned the greatest importance. These
manifestations are being fully met by the
Russians, so that the situation at this
point of the prospective battlefield is
now one of the greatest interest and ap
prehension.
At the present moment the trenches
on bath sides are crowded with troops,
and at many places the Japanese and
Russians are within hailing distance. At
the isolated hill of Manalon, in the plain
where the Russians ten days ago cap
tured 14 guns and bayoneted 800 Japan
ese, the rival forces are only COO paces
apart
The situation Is, perhaps, the most re
markable in military annals. Two armies.
each with the other as an objective, are
approaching while constructing siege
works, the making of which both sides
Mellin's Food is endorsed by the phy
sicians. Hundreds of doctors axe
using Mellin's Food in there own fam
ilies for their own children. If Mel
lin's Food is good for the doctor's baby
it ought to be good for yourhaby.
Let vm know if you. would Hfce to try
Mellin's Food and we will send you a
aample bottle free of charge. ,
ICtXLlJC'S TOOB CO, BOSTOK, MAM,
are accelerating, each morning revealing
me worn aone over mgni to tne ooaervu
tlon stations on every hill top.
The Japanese, after their disaster at
Manalon Hill, retaliated on October 27.
by turning the Russians from a pyramidal
hill opposite Fenchiapu, seven miles to
the east The Russians were commanded
from three directions, and withstood a
loss of 60 per cent from artillery fire on
the afternoon of October 27 before they
were forced out by the Japanese Infantry
at night The Japanese abandoned the
position immediately after it was taken.
This event does not equal in Importance
the capture of Manalon H11L The Japan
ese, who are posted on a similar hill to
the south, appear now to have most de
termined designs to retrieve the position
they abandoned.
Last night there was the heaviest bom
bardment of the week from the Russian
batteries, and the Russians are seemingly
apprehensive of a cruclcal surprise. This
bombardment was accompanied by a con
tinuous rifle fire, while the infantry ad
vanced by means of quick entrenching at
Intervals of a few hundred feet under
cover of darkness.
Now Ready to Winter in the Field.
The outcome of this activity Is a tense
vigilance along the entire extended front
This tension, taken in connection with
the reported reinforcement of the Japan
ese by one and one-half divisions from
Port Arthur, Is" likely to precipitate a
great battle within a few days. The
combatants, however, apparently are not
disinclined to Winter In their present po
sitions, as, since the last tour of the
Russian positions made by the corre
spondent of the Associated Press, the
forces have adopted a system of Winter
housing In the field.
From their Immense bivouacs, both ar
mies calmly behold each other, and are
able to distinguish each other's entrench
ing gangs as they drop their tools when
relieved. These observations are made
from points of vantage Immediately out
side the range of the artillery, which Is
intermittent in .Its practice against the
principal eminences.
Japanese shells are dally breaking on
Pagoda Hill, which Is most conspicuous
In the Russian position, and in front of
which the Chinese villagers remain in
their homes, indicating that by some pre
arrangement with the Japanese their
homes will not be shelled by the latter.
The Russian forces are disposed so as
to meet the dispositions of the Japanese
armies. The present plan of Russian op
erations, apparently, has not been influ
enced by the promotion to the position
oi Commander-in-Chief of General Kuro
patkln, who remains with his army in
the field.
Chinese Return to Rescue Crops.
The present cold weather has Influenced
many Chinese to return to the fields with
the object of rescuing their rlcecrops.
The exodus of Chinese -villagers from the
region of the railway continues, but the
pressure on Mukden has been relieved by
the return home of families who had be
come unduly alarmed. In many districts,
the houses are disappearing, owing to the
fact that the wood of which they were
composed has been, or is being, removed
for use of fuel. Ir the graveyards, the
trees have been felled and used for the
purposes of fuel, the making- of fortifica
tions, or the building of bridges.
The Japanese have occupied a rocky
promontory south of Slndiapu, and also
the hills southeast of Koutiatze. The po
sitions along the line are strongly for
tlfled with redoubts, wire entanglements.
ditches and pitfalls, and also mines in
some places. The fortifications are ar
ranged in double tiers. The positions.
especially on the plain, are exceedingly
well masked. On Saturday, through tele.
scones, the Russians observed a move
ment of the Japanese eastward, ana.
Judging by the dust. It must have been
heavy force.
The northern slopes of the hills held
by General Zaroubaleffs corps, resem
bled the homes of cave dwellers. All
the slopes are pierced with caves, which
are warm and comfortable for the sol
diers at night General Oganoffsky has,
for a fornlght has been living in the cleft
of a rock.
Memphis Building Collapses.
MEMPHIS. Oct ZL. A building occu
pled by the Continental Savings Bank
collansed today, burying a number of
persons. The dead body of Winters
Parker, the colored porter, has been taken
from the cellar or the wrecKea Dunaing.
The police believe no one else will be
found In the ruins.
inrin nr
Sanity
T am compelled by a sense of gratitude
to tell you the great good your remedy
has done me ma case 01 Contagious Blood
Poison. Among other symptoms I was se
verely amicieawiiniuieumauwu, aaugut
almost past going. The disease got a firm
hold, upon my system; my blood was thor-
ongniy poisonea wiin me virus, a auou ui
weicrht was run down, had sore throat.
eruptions, splotches and other evidences
of the disease. I was truly in a bad shape
when I began the use of S. S. S., but the
persistent use of it brought me out of my
trouble safe and sound, and I have the
couracre to public! v testify to the virtues of
your great blood remedy, S. S. S., and to
recommend it to an Diooa-poison suner-
ers, sincerely believing if it is taken ac
cording to directions, and iven a fair
trial, it will thoroughly eliminate every
particle of the virus. JAMES CURRAN.
Stars Motel, ureensDurg, ra.
Painf ulswellines in the groins, red ertrp"
tions upon the skin, sores in the mouth
and los3 of hair and eyebrows, are some of
the symptoms 01 this vile disease.
is an antidote for the awful virus that
attacks and destroys even the bones.
S. S. S. contains no Mercury, Potash or
other mineral ingredient. "We offerer, coo
for proof that it is not absolutely veget-
t-. aoie. nome ireai-
the symptoms and.
other interesting:
ana vaiuaoie uuor-
mation about this
disease, mailed
free. Our physi
cians advise free
those who write us,
TKe Swift Sptcifo Ciay, Atlanta, Sa.
HAND
SAP OLIO
FOR TOILET AND BATH
Platers nreh by accdlcwcrk
catch every statu ad took h9?s.Issl?
dkty. Mai 3 alalia resrevM aet only
Hm dirt, bat th feeseacd, Injur!
catkfe, r terms tkm ftngmrs
ikulr KMturi battuty.
AUMOCIRi AK5 DRUGGIST
BLOOD;
1m ts worst dlseMa o
wru, yet ui Mitt
to cure WHEN YOU
K'OW WHAT TO DO.
Xaay tav simple.
POISON:
apota oa th ulcin, aorta
lU ta EQ9UUX. OiCCTS,
foil laff Mir, cob pajoi
caiarrk. ad fioa'
know It BLOOD
Ttonu cLwt YlB BBOWCi. 936 Arch t-
TUlMMvkte. Twuu. toe MOWN'S BLOOD
Ml FmtUm4 oly 1r 3TKA20C KAU, rmlaad
555
Ik TrM THdc
In a younsf eirl's life is reached whea
Nature leads her uncertain steps across the
hue which divides eirlhood from woman
hood. Ignorance and neglect at this crit
ical period are lareslv responsible for
mccn ot tne alter.
misery of woman
hood. Not only
does Nature often
need help in the
regular establish
ment of the wom
anly function, but
there is almost al
ways need of some
safe, strengthening
tonic, to overcome
the languor, nerv
ousness and weak
ness, commonly ex
perienced at this
time.
If there is an in
valid woman, suf
fering from female
weakness, prolap
sus, or falling of
womb, or from leu
corrhca who has
used Dr. Pierce's
Favorite Prescription without complete
success, Dr. Pierce would like to hear from
such person and it will be to ner advant
age to write as he offers in perfect good
faith, a reward of $500 for any case of the
above maladies which he cannot cure
I wish to tell you the benefit we have
receiTtd from using jour remedies," writes Mrs.
Dan HalL of Brodhead. Green Co.. "Wis. 'Two
years ago my daughter's health began to foil.
Everything that could he thought of was dose
to help ner due it was 01 no use. wnen see.
began to complain she was quite stout; weighed
170, the picture of good health, until about the
ae of fourteen, then in six months she was so
ruu down her weight was hut 120. She kept
laumg ana citc up, uuajusjc uiuc uu
nse, she must die. Friends all said, 'You will
lose your daughter.' I said I fear I shall. I
must say, doctor, that only for your Fa-orite
Prescripaba my daughter would have; been in
her grave to-day. "When she bad taken cae
half bottle the natural function was established
and we bought another one. mating only two
bottles in ail, and she completely rccoTered.
Since then she is as well as" can do"
Doctor Pierce's Common Sense Medical
Adviser, in paper covers, is sent free on
receipt of 21 one-cent stamps to pay ex
pense of mailing only. aqoxcs3 jjt. K- v.
Pierce. Bunalo. N. Y.
SOME
TROUSERS
ARE
MANUFACTURED
OTHERS
ARE
CREATED,
THE
LATTER
KIND
BEAR
MY MARK.
MY MARK
COST JUST ENOUGH TO
BE RIGHT- - ASK
THE BETTER DEALERS.
'3 request the honor, jentlsmen.
of sending' you my booklet."
Address ms personally, cars et
B0SENWA1D gWffl-CHiaGO.
C. GEE WO
The Great Chinese Doctor
Is called great becalms
fata wonderful cures
ore so well known
throughout the United
States and because so
many people are thank
ful to him for saving
their lives from
OPERATIONS
He treats any and ail
diseases with powerful
Chinese herbs, roots,
buds, bark and vegeta
bls, that are entirely
unknown to medical
science In this country.
f tti harmless rem ft
and "irouKfc doctor laowa the. action ot
.2SSS3& that he ha, .uccess-
oeuSeT?h-
oto'ncSJ moderate. CaU
and ee nun.
CONSULTATION FREB
Patients out of the city wrlta for blank and.
circular. Inclose stamp. Adaress
THE C GEE WO
CHINESE MEDICINE
CO,,
253 Alder Street
Portland, Or.
Mention this paper.
Easy to take and easy to act Is
that famous little pill DeWitfs
Little Early Risers. This Is due to
the fact that they tonic the liver In
stead of purging It. They never grips
nor sicken, not even the most delicate
lady, and yet they are so certain in
results that no one who uses them Is
disappointed. They cure torpid Hver,
constipation, biliousness, jaundice,
headache, malaria and ward off pneu
monia and fevers.
FRETAKSD ONLY BY
S. C. DeWITT & CO., CHICAGO
DtM't Fargsf ikt Kami.
S. Q. SKTDatOEI,
.111 Third Strett Portland.
Scoffs Stifai-?t)si Capies
A POSITIVE CURE
TorlaSswaattea crCfetarrhoC
the KmOte Steeled KM
ulckir fi4 venoMsaily u.
worst esses of ffiuiiutisisiisi
sad i-e, ao Mstter of bow
lea; stsadlaff. . At oltl 7
bsrsskes; Sold hr draiajsj.
i4, ljw7i box. fL!
WOODARD. CTiAHXW A CO.. TOBXZJOiZK,
MEN
KVBJffl
Cww jo withsct 4ie!s ot alt mitaww.
vsrtect sa srathral atMnteUoas. Mca r
atsklr rsstnre t feltk as straastfc. JMs
Mas far aook wM V
III
Easy Pill
Ml i J Mil