THE MORNING OBEGONIAN, TUESDAY, DECEMBER - 20, 1904.
ROGOWAY TO PRISON
Burned Mothers Store, Must
Serve Five Years,
SUPREME COURT SO DECIDES
"Next Term" in Criminal Code Does
Not Mean Current Term Rights
of Mortgagees Defined 1895
Irrigation Law Construed.
WJjfjtlw a confession tvaa obtained by
fear Is a question for the trial court,
as atr if the time to be allowed attor
neys Xr argument.
In an action fer damages for Injury
to the jwson It Is improper to admit
-vdwcp of mental anguish, because of
Uw Injured party's inability to provide
fer his daughter.
The irrigation act of 1SP5 does not give
irrigstlra dlotrlcis jwcr to control the
water rights of private individuals.
SALEM, Or., Dec 19. (Special,) Oscar
Rogoway must serve his term of Ave
years in the penitentiary for burning the
store occupied by his mother at Lebanon,
on December 21, 1903. The Supreme Court
today handed down a decision affirming
this judgment of the lower court. Rogo
wny was tried In Linn County before
Judge George H. Burnett. On appeal, he
alleges two errors at the trial In the
court below, that his confession should
not have been admitted In evidence
against him, because it was obtained by
throats, and that the court erred In lim
iting' the attorneys to one hour on each
tide In which to present their caso to the
Jury.
The Supremo Court says that it is for
the trial court to dotermlne whether the
confession was obtained from the defend
ant freo from the influence of hope or
fear exorcised by a third person, and that
the trial court's determination will not
be disturbed on appeal unless there Is
clear or manifest error.
Vpon the other question the Supreme
Court says that, while it would seem
from the testimony that an hour on each
Fide was a very short time in which to
present the case to the jury, there may
have been ample reasons why the trial
court could not, under the circumstances
then existing, and the business before the
cmrt, permit a longer time.
Maynard vs. O. R. &. N.
H. Maynard, respondent, vs. O. R. & X.
Co . appellant, from Union County. Rob
ert Kakin. Judge; reversed and remanded.
Opinion by Justice "Wblverton.
Plaintiff recovered Judgment against
defendant in an action for damages for
3-juries sustained in a collision bctwen
a freight train and a passenger train
i.pon which plaintiff was riding. In the
tnal of the case In the court below plain
tiff was permitted to testify that he had
a daughter IS years old. and that he had
ysiffered great mental anguish because of
M inability to work and to support his
cMM properly. The Supreme Court holds
that It was an error to admit this testi
mony, for. although one may recover for
mental distress and anguish -resulting
from Injuries to his person, yet such men
tal distress as is not the natural result
of the accident, but Is produced by the
operation of the mind in the contempla
tion of the physical condition to which
the injured party is reduced, or in con
templation of any extraneous suffering or
inconvenience that such condition might
entail, whether it respects himself or
others dependent upon him. Is not re
garded as matter proper to form the
basis of consequential damages.
Tinsley vs. Lombard.
F P Tinsley. respondent, vs. B. M.
Lombard, appellant, from Wallowa Coun
ty. Robert Eaktn. Judge; reversed and
remanded. Opinion by Justice "Wolver
ton. Tinsley brought suit to foreclose a mort
gage, and Lombard, who held a second
mortgage on the same and other property,
was made a party defendant. He made
answer without controverting any of
TlalntlfTs allegations, but asked that his
mortgage bo also foreclosed, and that his
vrr. subject to that of plaintiff, be de
creed. To this answer plaintiff demurred
cn the ground that defendant had not
brought his suit to foreclose within the
time prescribed by the statute of limita
tions. The demurrer was sustained, and
Lombard appealed. The Supreme Court
holds that, so long as the holder of the
soond mortgage contested none of the
r.ghts of the owner of the first mortgage,
the first mortgages cannot raise the ques
tion of the statute of limitations, this
defense being available only for the
debtor.
Irrigation District vs. Preston.
Little "Walla "Walla Irrigation District,
& municipal corporation, appellant, vs. O.
N Preston ct al., respondents, from Uma
tilla County, "W. R. Ellis, Judge; affirmed.
Opinion by Justice Bean.
The plaintiff is a publio corporation or
ganized under the irrigation law of 1SS5.
The plaintiff, without acquiring any water
'ights. proceded- to ascertain the quantity
of wator to which each landowner was
entitled, and to regulate and control the
upo thereof. The defendants having as
serted a right to the use of more water
than the plaintiff awarded, this suit was
commenced to enforce the orders and de
cisions of plaintiff company. The suit
was dismissed by the trial court and
plaintiff appealed.
The Supremo Court holds that the act
of 1BS5 did not confer upon corporations
organized under that act the powers this
company has sought to exercise. It is
held that the purpose of the act -was to
provide for the organization of settlers
for the purpose of constructing water sys
tems and distributing water through the
same, and not for the purpose of regu
lating or controlling water rights belong
ing to private Individuals.
Wallowa County vs. Oakes.
TVallowa County, appellant, vs. H. E.
Cakes, respondent, from Wallowa County,
Robert Eakln, Judge; affirmed. Opinion
by Chief Justice Moore.
It Is held in this case that, when a
Justice of the Peace serves as a magls
tratlon in the examination of a criminal
charge, he Is entitled to the fees pre
scribed by section 3000 of the code, and
If his claim for such fees be disallowed
by tho County Court, he may recover the
same In an action against tho county.
This proceeding was a writ of review
brought to review the proceedings of a
justice court in which Justice Oakes
brought his action against the county and
recovered Judgment. The Judgment
against tho county is upheld and the writ
of review dismissed.
Sloan vs. Sloan.
Perry V. Sloan, appellant, vs. Ben
jamin Leroy Sloan, respondent, from
Baker County, Robert Eakln, Judge; re
versed and remanded. Opinion by Jus
tice Wolverton.
This was an action upon a promissory
note, which would have been outlawed
but for one credit indorsed thereon,
which credit defendant contended was
not made with his consent. At the close
of plaintiffs testimony a judgment of
insult was given upon the motion of
defendant, and plaintiff appealed. The
Supreme Court holds that, since there
was evidence tending to show that plain
tiff had written defendant that he had
made a credit of ?2, which sum represent
ed defendant's interest in a certain corn
crop, and that defendant had made no
objection to such credit, there was evi
dence sufficient to go to the jury upon
the question whether defendant had not
ratified plaintiffs action.
State vs. Breaw.
State of Oregon, respondent, vs. George
W. Breaw, appellant, from Baker Coun
ty, Robert Eakln, Judge; affirmed. Opin
ion by Justice Bean.
This case involves a construction of
section 1559 of the code, which reads:
"If a defendant Indicted for a crime,
whose trial has not been postponed upon
his application or by his. consent, be not
brought to trial at the next term of the
court in which the indictment Is triable,
after It is found, the court must order"
the Indictment to be dismissed, unless
good cause to the contrary be shown."
The Supreme Court holds that "next
term" does not mean the term at which
the Indictment Is found, but the succeed
ing term.
State vs. Tiller.
State of Oregon, respondent; vs. Fran
cis M. Teller, appellant, from Harney
County, M. D. Clifford, Judge; affirmed.
Opinion by Chief Justice Wolverton.
Defendant was convicted of the crime
of larceny by stealing 5200 belonging to
Mrs. L. S. Whltmer. His defense was
that the testimony showed that the
crime, if any, was embezzlement, and he
asked that the court should instruct the
jury accordingly. The refusal of the
court to give the desired instruction is
the error alleged upon appeal. After ex
amining the testimony, the Supreme Court
holds that the evidence does not tend to
show that the money was delivered to
defendant by Mrs. Whitmer; hence, the
court below did not err In refusing the
Instruction.
POSTOFFICE WILL CLOSE.
Two New Rural Delivery Routes'
Ends Need of Four Offices.
rrnEOOK CITY. Or.. Dec. 19. (Special.-)
Postmaster T. P. Randall today received
notice from the Postofflce Department at
Washington ordering the discontinuance
of the Ely. CI ark es. Beaver Creek and
Highland offices. The life of the Ely of
fice will end December 3L while the other
three offices will be suspended January
14. The suspension of these offices is the
result of establishing two additional ru
ral free-delivery routes from tho Oregon
City office.
Postmaster Randall, by holding a suc
cession of examinations of applicants for
carriers, has been unable to find an ap
plicant who will qualify as carrier for
route No. 4. and has accordingly recom
mended to the department that further
efforts to start this route from Oregon
City be abandoned, but that the service
be provided from the Springwatcr office.
PETITION TOO LATE.
Negro Is Sentenced to Five Years,
Though Minimum Had Been Asked.
GOLDEXDALE. Wash.. Dec. IS. (Spe
cial.) William Smith, the negro horse
thlof, was takon to Stevenson, Wash.,
where Judge A. L. Miller is now holding
court, to receivo sentence. Today he was
sentenced to Ave years, and Sheriff Van
Vactor started for Walla Walla with him
at once. A petition has been circulated
here since the negro was recaptured, ask
ing the court to give him the minimum
penalty, one year, and It was signed by
many prominent citizens. It is understood
that the Judge did not receive the petition;
as it was sent to Vancouver.
INDEPENDENTS WIN.
J. H. Hawley to Be New Mayor of
Monmouth.
MONMOUTH. Or.. Dec 19. (Special.)
The city election was hold "today and
the contest was spirited. After the regular
ticket had been placed before the citi
zens, an Independent ticket was sprung.
The independent ticket was elected with
J. H. Hawley, Mayor; L N. Fream and
Dr. H. R. Nehrbras as Councilman; Ira
C. Powell, Treasurer; J. E. Simpson, Re
corder, and S. D. Coates, Marshal.
Say Canneries Are Too Cheap.
SEATTLE, Wash., Dec. 19. The Co
lonial Trust Company and R. Pfeiffor to
day petitioned Judge Hanford, of the
Federal Court, to refuse to confirm the
recent sales of portions of the canneries
and equipment of the Pacific Packing &
Navigation Company. The claim is made
that the price offered in the bids does not
by any means represent the market value
of the property. Only the sales of can
neries at Blaine and Chatham are fav
ored by the petitioners.
Yakima Teachers' Institute.
NORTH YAKIMA, Wash., Dec. 19.
The Yakima County Teachers' Institute
convened here this morning with 161 en
rolled. Superintendent Dickey opened the
session and was followed by Rev. H. L.
Rose, with an address on the duty of
teachers to the youth of the land. To
morrow Dr. Gault will be here, to remain
the rest of the week. Professor E. M.
McCulley, the department Superintendent
of Public Instruction, was not present to
day, owing to sickness.
Insane Suspect Released.
OREGON CITY, Or.. Dec 19. (Special.)
A. A. Plxloy, aged 78 years, of Sunny
side, whose arrest on an insanity charge
was caused Saturday night on complaint
of his wife, who charged Pixley with
threatening to kill her, was today re
leased after an examination held before
Judge Ryan. Pixley. was found to be sane
and harmless, and his arrest on the in
sanity charge seems to have been the re
sult of family troubles. ,
Petition Not Acted Upon.
OREGON CITY, Or., Dec. 19. (Special.)
At a late meeting tonight, the Council
authorized the Mayor and Recorder to
carry out the deal made with the' Southern
Pacific Company In return for the much
discussed perpetual franchise. Until Judge
McBride acts on the petition for an in
junction, however, nothing can be done
by the officials.
Forest Grove Levy Is Ten Mills.
FOREST GROVE. Or.. Dec. 19. (Spe
cial.) The City Council Friday fixed
the municipal tax levy at 10 mills. The
taxable property this year -was ap
praised at $235,555, an Increase of $10,
555 over last year. The 10-mlll tax.
with the city's income from lights and
water, will give about $8500 revenue
next year.
Tramps' Roost Burns.
ALBANY. Or.. Dec 19. (Special.) An
old barn belonging to the A. Hackleman
estate burned tonight with contents, a
total loss. The barn was built 45 years
ago and was situated just outside the
city limits. It contained a quantity of
hay. The barn, standing in a grove near
the C. & E. roundhouse, was used as a
roosting place by hordes of tramps. No
Insurance was carried upon it.
More Pay for Officials.
ASTORIA, Or., Dec 19. (Special.) A
bill has ben prepared and will be Intro
duced at the coming session of the Legis
lature to Increase- the salaries of the offi
cials of Clatsop County. The bill pro
vides that the clerk shall receive $2000
per year, the Sheriff $2000, the County
Judge $1200, and the Assessor $1800.
Off for Christmas.
WILLAMETTE UNIVERSITY, Salem,
Or., Dec 19. (Special.) School will close
for the Christmas holidays tomorrow
evening and will reopen January 4, after
two weeks' vacation. Most of the stu
dents will return to their homes to spend
the vacation.
HIS LAST RUN ENDEO
DanNeiljOld Purser, Closes
Long Life,
WAS PIONEER RIVER MAN
Captain of Famous Little Columbia
for a Time, and Afterwards Ran
From Portland to The Dalles
for Many Years.
OREGON CITY, Or., Dec 19. (Special.)
Daniel O'Ncil, a well-known ploneor,
died last night at the Rose farm, near
this city, after a brief Illness. A year ago
Mr. O'Nell, because of falling health, sev
ered his connection with the O. R. &. N.
Company, and returned to this city, where
he died in the same house that he was
married in 46 years ago.
Mr. O'Neil was born at Duanesburg,
N. Y., January 6, 1828, and in 1S49, when
21 years of age, he crossed the plains,
coming to Oregon as Quartermaster Clerk
of the First Regiment of the United States
Ian O'Nell, Pioneer Pnner.
Mounted Rifles. This regiment came di
rect to Oregon City, where they passed the
Winter of '49. In 1853 he went to Australia,
where he remained for four years, return
ing to Oregon City in 1S5S, when he mar
ried Miss Minnie Holmes, daughter of the
well-known pioneer, William Holmes, at
the old Holmes farm near Oregon City.
Accompanied by his bride, Mr. O'Nell re
turned to Australia, where seven years
were spent and, after a trip around tho
world, he returned to Oregon, where they
have since resided. He leaves a widow,
but no children.
For the last 35 years the deceased was
in the employ of the old Oregon Transpor
tation Company, or the O. R. & N. Com
pany, in the capacity of purser on Co
lumbia River steamers. When his health
failed him a year ago, Mr. O'Neil w,as
employed as purser between Portland and
The Dalles.
The burial will take place Tuesday aft
ernoon In the Holmes lot at the Masonic
Cemetery, funeral services being held at
the Rose farm at 2 P. M., Rev. P. K. Ham
mond officiating.
Dan O'Nell was probably more widely
known among the traveling public and
had traveled more miles on the Columbia
than any other man. His last service was
on the Bailey Gatzert- Since hl3 resigna
tion he has been abroad but little. His
illness was caused by stomach trouble
combined with general debility, making
him too weak to enjoy traveling.
In July last he came to Portland, ac
companied by his wife, and said he wanted
to take one more trip, his last, over the
line to The Dalles and down to Astoria.
He made the trip on the Bailey Gatzert,
and he seemed to enjoy It, and took his
last look on faces bf many old-time
friends at the various points along the
river.
"Ho had no enemies," said an old friend.
"He never worked for anyone to whom
he did not give perfect satisfaction."
Mr. O'Nell arrived at Oregon City, then
the principal city in this region, in the
Fall of 1849. It was found necessary to
transport quantities of stores from Van
couver to Oregon City for the use of the
regiment. As there were no steamboats
on the river, and good roads had not been
opened up, this transportation was ac
complished by batteaux belonging to the
Hudson's Bay Company, propelled by
crews of Indians.
Among the civilians who accompanied
the regiment to Oregon was Captain Jim
Frost, who suggested building a steam
boat. General John Adair, of Astoria, and
others Joined in the scheme, and in a few
NEW YEAR'S OREGONIAN FOR 1905
The New Year's Oregonian for 1905 will be issued on Monday
morning, January 2 next The illustrations will be numerous; they
will be attractive, and they will cover every feature of
THE WORLD'S FAIR
that -will be opened in Portland on June 1 next. The text and the
engravings together will advertise fully the merits of the great 1905
Exposition.
The New Year's Oregoniah for 1505 will be sent to any address
in the United States or Canada, postage prepaid, for TBN CENTS a
copy. Orders for papers should be sent-to The Oregonian at once.
months the steamer Little Columbia was
completed and on the route to Oregon
City. The fare for this trip, $25, was
cheerfully paid.
Portland was a very small town then,
and but a short stay was made here, the
end of the trip being a landing at Oregon
City, Just below the falls. After the boat
had been running a few months, Mr.
O'Neil took command for a time. The
last time he was in Portland, an old
friend encountered him In a crowded
Washington-street car. He appeared dazed
by the bustle, and when asked what he
was thinking about, replied: "I was think
ing of the time when I used to pass the
foot of this street on the trip from Ore
gon City to Astoria, and we did not stop
here unless someone came out of the
brush and. waved a handkerchief to us
as a signal."
Consider Educational Congress.
SALEM, Or., Dec 19. (Special.) Super
intendent of Public Instruction J. H. Ack
erman will go to Portland Tuesday eve
ning to attend a meeting of a committee
having under consideration the project
of holding an educational congress, at
Portland during the Lewis and Clark Fair.
Superintendent Ackerman will go to Heppr
ner Wednesday to attend the annual coun
ty institute.
Vaudeville in Boise.
BOISE, Idaho, Dec 19. (Special.)
Vaudeville has taken .Boise by storm. An
other popular-price show was opened to
night, the Star, by Mike Goldstein, for
merly of Portland. Three performances
were given to packed houses. A third
vaudeville show is to be opened "here
shortly after the first of the year.
MONEY IN ALFALFA.
Crops Around Echo Are lig Profit
Makers. ECHO, Or., Dec 19. (Special.) There
are lying adjacent to Echo vast tracta of
arid lands. A great deal of this land is
subject to homestead, desert and other
Government entries.
Several tracts have been brought under
cultivation by means of irrigation. On
Butter Creek there are perhaps 8000 acres
of land that have been brought under irrigation-
at a cost of say $50 per acre.
On the famous Meadows there are 3000
acres of raw sagebrush land under culti
vation. Small private ditches were used
to reclaim this land, which was bought for
the price asked by the Government, and
which at a cost not to exceed $30 per acre
is made to produce three crops of alfalfa
each year, yielding six tons at $6 per ton.
though there Is none for sale at that
price. This would give an annual profit
of $36 per acre.
Upon good authority it is found that
the cost of producing this crop does not
exceed $1 per ton, leaving a net profit of
530 per acre per annum, 'which Is really 100
per cent profit yearly. This does not In
clude the profits to be derived by the
thrifty farmer from his horses, cattle,
poultry, fruits, vegetables, honey, etc.
The products of Echo and vicinity are
as follows, carefully gathered from re
liable sources:
. , Value.
Beef cattle. 7.000 head $ 269.000
Stock cattle. 10.000 head 200.000
Sheep. 40.000 head 72,000
Horse. 2.000 head 60.000
Wool. 574,762 pounds 6T..000
Alfalfa hay. 30,720 tons .... !S4 720
"Wheat. 400.000 bushel 260.000
Fruit, 4.500.000 pounds 00.000
Sugar beets. 1000 tons (first year)... 4.000
Dairy products, poultry, barley; honey 23.000
Total ...I .$1,219,720
CAUGHT BY TELEPHONE.
Advance Man With Queer Checks Ar
rested After Message.
LA GRANDE, Or., Dec 19. (Special.)
A young man giving his name as Mc
Clegg passed a check for $35 to one of
the La Grande merchants for an outfit
of clothing. Soon afterwards, before the
clothing had been taken . out 'of the
store, the merchant telephoned to Carl
Roe, of Baker City, on whom the check
had been issued, asking if It were good.
The reply came that it was not. and
that this same man was wanted In
Baker City for forging two checks.
When McClegg returned for the goods
he had purchased, he was told that the
chec was not acknowledged by Roe.
He seemed surprised, asked for tho
check, and gave tho clerk $35 In green
backs. Soon after this, officers at Baker
City telephoned for this man. and he
was captured at Perry, four miles west,
having hired a livery team In La
Grande, stating that he wished to bo
taken to Hllgard. Officers have him
tinder arrest. He claims to be an ad
vanco man for shows.
COLLECTING MINERAL EXHIBIT
Josephine County Will Be Well Rep
resented at '05 Fair.
GRANT'S PASS. Or.. Dec. 19. (Special.)
The minerals of Josephine County will
be represented at the Lewis and Clark
Exposition, although as yet little of the
actual work of collecting the samples has
been done. Grant's Pass has a live Miners'
Association, which ls taking all possible
means of placing the mineral wealth of
Josephine County before the world In its
true ltght, and endeavoring to show what
we really have in the mineral line To
this end they have leased a store build
ing, which is open even day and which
is well supplied with sample ore from
nearly all the mines in the county. This
exhibit room has- been visited by mining
men from all over the world, and It has
been responsible for interesting people In
several properties here, through the sam
ples here displayed.
A committee has been appointed from
the association for the purpose of gather
ing together an exhibit for the Lewis and
Clark Fair, and It has already secured
about one 'ton of samples. These samples
will be kept on exhibition at the rooms
of the association until ready for ship
ment to Portland.
Creditors Are Anxious.
OREGON CITY, Or., Dec 19. (Special.)
Sam Oldsteln. who for a number of
months has conducted a cigar store in this
city. Is reported to have left the city, de
serting a number of creditors, who are
concerned as to his whereabouts. It Is
known that Oldstein's business venture
was not a success, and his stock of goods
is believed to be Involved. It Is also al
leged that before leaving the city Old
stein mortgaged the stock for about $200,
a Portland jobber making the loan. Old
stein's wife remains In charge of the store.
RUN FROM HIGHWAYMAN.
Four Young Men Take to Their Heels
With Good Results.
OREGON CITY, Or., Dec 19. (Special.)
While on their way home at 1 o'clock
thl? morning Frank HenricI, Thomas
Grubbs. Carl Fredericks and Austin Nich
ols were held up by a masked highwayman
on Seventh street near -Nash's barn, but
none sustained the loss of a cent. Backed
up by a gun of large dimensions, the man,
who wore a white handkerchief over his
face, demanded the four young men to
throw up their hands. Instead of doing
so, they ran rapidly away, three choosing
one direction, while Henrici started back
to the city, being pursued by the bandit,
who was outdistanced.
Henrici reported the incident to the po
lice officers, but no trace was obtained of
the man with the gun. who is described as
wearing a dark suit and a soft black hat.
Sheriff Goes for Agent..
ASTORIA, Or., Dec 19. (Special.) A
telegram was received this morning stat
ing that W. H. Davis, a sewing-machine
agent, who Is wanted in this city on the
charge of embezzling $100 from Ross, Hig
gins & Co., had been arrested In Spokane.
Sheriff Llnville left this evening to bring
Davis here for trial.
Horsethlef Sentenced.
WALLA WALLA, Wash.. Dec. 19.
(Special.) Robert Lynch pleaded guil
ty to stealing a horse from James
Mclnroe this morning, and was sen
tenced to three' years In the peniten
tiary. When arraigned the prisoner was
very repentant, and almost broke down
In tears under Judge Brent's reprimand.
Ballard Gets Free Delivery.
OREGONIAN NEWS BUREAU, Wash
ington. Dec 19. At the request of Rep
resentative Humphreys, city free delivery
will be established at Ballard, Wash.,
early In January.
MANY BONES SMASHED
THREE BAD ACCIDENTS OCCUR
NEAR WALLA WALLA.
Teamster Run Over, Wheels Crush
Brakeman, and Injured Passenger
Was Thrown From Train.
WALLA WALLA, Wash.. Dec 19.
(Special.) William Madison, an em
ploye of Dunham, a local lumber dealer,
will probably die from Injuries received
In a runaway this noon. Madison was
driving a wagon of lumber, when the
horses became frightened at a train
and ran away. In the effort to stop them
by hanging on to the lines. Madison was
dragged from the wagon, which ran
over him. crushing in his shoulder and
breaking all the ribs on his right side.
One fractured rib penetrated clear
through the sac of the lung. He is an
old man and Is at the hospital In a very
critical condition tonight.
Herbert Alexander, an emplove of
the Northern Pacific Railroad, is ly
ing in St. Mary's Hospital here as the
result of falling off the side of a box
car at Pasco. The car wheel ran oyer
his arm. and badly lacerated his leg.
The arm had to be amputated.
Another man, Morris Dole, is a pa
tient at the Walla Walla Hospital as
the result of a like accident. Dole was
a passenger on the Spokane Flyer, and
claims that while standing on the rear
platform of the train as it was passing
Wallula some one pushed him off. His
cries for help attracted the attention of
men on a worktraln, who brought him
to this city. He Is a cook whose rela
tives live at Endicott.
ACTIVITY IN GRANT MINES.
Black Butte Property in Competent
Hands Is Paying Well. .
JOHN DAY. Or.. Dec. 19. (Special.)
There Is unusual activity In mining
circles at this time, including ore as
well as placer raining and base as well
as free-milling rock. The revival of
operations at the Black Butte by deep
sinking and milling free-gold rock
takes the lead In this activity. This is
one of the oldest milling properties in
the county, and many years ago paid
large dividends. But the upper work
ings became oxhausted and in order to
carry on the work it was necessary to
operate by means of a shaft and cross
cuts. The owner. Ed C. Allen, of Port
land, chose rather to dispose of the
property at good figures than to con
tinue in the business. The property
passed Into the hands of inexperienced
miners who could not get profits from
their work and soon abandoned it.
A short time ago Mr. Allen again got
a controlling interest in it, organized a
stock company, and the property is now
in the hands of Portland, Pendleton,
Sumpter and Providence, R. I., capi
talists, who are making I.t pay big. The
manager for the company is O. C.
Wright, of Sumpter, while Ed C. Allen
is the superintendent.
A party of Providence stockholders,
consisting of Dr.' Drew, Dr. Justin. C.
D. Starr and W. A. Crompton, has just
returned .from the Black Butte camp,
near the head of Fox Valley. The mill
with which tests are being made Is an
antiquated affair, installed many years
ago by Pendleton's veteran hotel man,
John Gagon. and had run but 11 days
on the soft porphyry ore, but the out
put was about $3000. It Is reliably re
ported that a much better showing Is
now being made from a ledge that is
many feet wide.
Joseph Wuddell. manager of the Ju
piter Gold mine, formerly known as the
Prairie Diggings, announces that ope
rations will be resumed on that prop
erty In a short time. That, too, is most
ly a free-gold producer, but also car
ries a good quality of concentrates,
which go to the Sumpter smelter.
Another free-gold property that has
made a good showing from surface
work Is that of Jackson Chambers, lo
cated as an extension of the prize win
ning Great Northern. This has been
leased to a local company which will
open It up at a good depth.
A local company is at work opening
up a ledge carrying base values In gold
and copper. Hitherto but little atten
tion has beea given this kind of min
ing, because of poor transportation fa
cilities; but with improved methods of
treating base ore, and the approach
of the Sumpter Valley Railway, this
may soon become one of the leading In
dustries of the county. The property
now undergoing development is located
but a few miles from Canyon City.
DYING WISH GRANTED.
Supreme Court Says J.- W. Collins Did
Not Need Will.
OLYMPIA, Wash., Dec. 19 (Special.)
The Supreme Court has reversed the judg
ment of the Superior Court of Skagit
County In the case of tho State of Wash
ington, respondent, vs. Frank Phlnncy.
administrator, appellant. The case was
a novel one. as It involved the right of
a dying person to dispose of property
prior to death, instead of by will. The
appellant was the administrator and the
chief beneficiary of the estate of John
W. Collins, deceased.
When Collins was on his deathbed and
realized that he was about to die, he drew
a check upon the bank for all the money
he had, amounting to $4000. This was
practically his entire estate, and Phinney
paid all expenses of. the funeral there-,
from. He was later appointed adminis
trator of" the. estate. The state commenced
action to compel the escheating of the es
tate to the state, Collins having died with
out heirs.
The Superior Court decided in favor of
the state, directing Phinney to return to
the funds of the estate the amount of the
check, less the money paid out for funeral
expenses. Phinney appealed the case to
the Supreme Court and has secured a re
versal of judgment, the higher court hold
ing that the issuance of the check on his
deathbed was as much an expression of
the wish of the deceased as though he
had prepared a will.
Thieves Raid Box-Cars.
NORTH YAKIMA. Wash., Dec 19.
(Special.) Three boxcars of the Northern
Pacific were broken open last night and
a large amount of merchandise was stolen.
There is yet no clew to the thieves. Some
of the stolen goods have been found.
Water Franchise Granted.
NORTH YAKIMA, Wash., Dec 19.
A 30-year franchise was granted to the
Northwest Water & Light Company by
the City Council tonight. A new system
is to be put in by the company, and water
will be brought from ten miles up "Naches
River.
Mrs. W. C. Martin.
OREGON CITY, Or., Dec 19. (Special.)
Mrs. W. C. Martin, aged 45 years, died
of consumption last night at the family
home at Beaver Creek. She is survived
by a husband .and seven children.
On the Waters of the Inland Sea.
John Fox in Scrlbner'a.
That day and that night and next day
we had quiet seas and sunlight. The sec
ond night we were dining In Kobbe at a
hotel to which Kipling once sang a Just
pean of praise Kobbe, which he knew
at once, he said, was Portland, Me.,
though his feet had not then touched
American soil. He was quite right, Kobbe
might be any town anywhere. The next
daybreak was of shattered silver, and it
found us sailing through a still sea of
silver from which volcanic islands leaped
everywhere toward p. sliver sky. We were
la the Inland Sea. To the eye it was an
opal dream that Inland Sea and the
memory of It now Is trie memory of a
dream a dream of magic waters, silvery
light and forlorn Islands bleak and many
peaked .above, and slashed with gloomy
ravines that race each other down to
goblin-haunted water caves, where the
voice of the sea Is never still. This sea
narrowed by and by Into tho Shlmonoseki
Straits, which turn and twist through
rocks, islands and high, green hills.
Through them we went into the open
ocean onc(e more. In the middle of the
next afternoon we passed for a while
through other mountain-bordered
straits, and by and bye there set be
fore the uplifted eye, Nagasaki, with
its sleepy green terraces, rising from
water level to low mountain top
where, the Madame Chrsantheme of
Lotl's fiction is a living fact today. Who
was It that said, after reading that
book, h.e or she would like to read
Pierre Lot! by Madame Chrysantheme?
It must have been a woman and Just
ly a woman sure. There Is an Eng
lish colony at Nagasaki and a few
Americans who cling together and talk
about going home some day all exiles,
all most hospitable to the strnnger,
and all unconsciously touched with the
pathos of the exile wherever on earth
you find him.
Hand-to-Hand Fighting.
A Japanese Officer, in Leslie's Monthly.
It was 10 o'clock In the morning when
we saw coming out from their hiding
places a small band of Russian soldiers.
That was the beginning of the fierce on
slaught. It was as If somebody had re
vived in this civilized day of ours the
scenes from tho old story books, .when
swords, spears, bows and arrows were the
only weapons of war, and men slashed
away at each other. It was actually a
hand-to-hand encounter. It was just at
this time that we saw a Russian officer
rise from the ranks, and leaping over the
dead bodies of his men and comrades and
putting himself at the head of the ranks,
to by his daring example to revive the
spirits of his men. Against the lurid
background of blood and fire he made a
superb figure, always rushing in front of
his men, his sword gleaming over the
heads of the fighting men.
At last this officer rushed out. calling
always and loudly upon his men to follow.
When ho was within a few feet of our
men he turned his head to see whether
his men were obeying his order. Instead
of following at his heels his soldiers were
trampling upon each other in the mad
effort to run away. The sight broke his
heart, evidently. He turned the point of
the sword he had held against himself.
An Instant later he fell with his heart
pierced through.
DIDN'T HURT A BIT"
BY OUR METHOD
"We are enabled to extract from
one to 32 teeth at one sitting,
positively and absolutely with
out pain or bad after effects.
People- in delicate health need
have no fear, as our method of
extracting is. positively safe
and absolutely -painless.
Absolute Cleanliness la our
motto.
We do crown and bridge work gfejfS
without pain. Our 17 years' ex- g&rijj
perlence in plate work enables
us to fit your mouth comfort
ably. The best la the cheapest
In the end. We have feelings
as well as you.
DR. T. P. WIS a
WlSt BROS., DENTISTS
208-213 FAILING BLDG. Open evenings till 0. Sundays from S to 12. Corner
THIRD AND WASHINGTON STS. Phono Main 2020.
MYRA KELLY'S
LITTLE
The Humors
Isadore Diamantstein, aged seven,
son of Mr. Lazarus Diamantstein,
falls captive to the dark and gentle
charms of Eva Gonorowsky and
blushingly presents her with a comic
valentine. How and under what
circumstances his name is eventual
ly changed to Ignatius Aloysius
may be learned in the story When
a Marts Widowed.
" It has remained for Mi Kelly to discover the children of' that
wild, oft explored but still more or less unknown land, the Eail Side of
New York. . . . There is a humor in her tales of these lowly little
ones that brings the tear right along with the smile." Washington Post.
" The tales are unusually entertaining, not only for their humor and
novelty, but for their excellence as stories, and the volume with its comi
cal pictures to help the fun along, is a joyous occasion." Toledo Blade.
Ctotfu tlmo. JUasfrsied. $1.50.
McCLURE.
& CO., 44 E. 23D ST.
HH2lIIIBHHIIHIHHHBII0r
Doctors of the St Louis Ca. Dispensary
SPECIALISTS IN DISEASES OF MEN
VARICOCELE, HYDROCELE
The Hester SpectaJlit
of Portland, who cores
eaen only, who
patients personally.
Established is. 9,
nfter effects. Our charges will be as low as possible for conscientious.
Skillful and successful service. Consult us before consenting to any
HUSPECIAX.HOME TREAT3IENT. If you cannot call write us. Always la-
Cl08fl 'oFFVcHOURsfsX ?to 8 P. M.1 SUNDAYS 10 to 2 OY.
THE DR. KESSLER
St. Louis sMand Dispensary
Cor. Second and Yamhill Streets, Portland, Or.
LINVILLE'S EASY SNAP
SHERIFF SPIES A JAILBREAKER
FROM CAR WINDOW.
Harry C. Lowe, Who Escaped From
Clatsop County Prison, Stood to
Close to the Train at Clifton.
ASTORIA, Or.. Dec. 19. (Special.) A
telegram was received this evening from
Sheriff Llnville. who left on tonight's
train for Spokane, stating that he caught
Harry C. Lowe, one of the escapes from
tho County Jail, at Clifton.
Lowe was standing near the station as
tho train came in, and the Sheriff jumped
oft and captured him. Lowd was taken
to Portland, and will be kept there until
Wednesday. Stauch, the other escape, hag
not yet been found.
Admiral Converse, Our Best Sailor,
Leslie's" Monthlj-.
Half a dozen naval officers at the Army
and Navy Club, one night last Winter,
were thrown into a spirited discussion by
the statement of one of their number that
the professional specialty of Captain Con
verse, commanding officer of the battle
ship Illinois, was electricity.
"High explosives," promptly interposed
a second, "is the Captain's special field,
although he Is an expert electrician."
"Torpedo work is his forte, and has al
ways been since wo were at the Academy
together." contended a third.
"He's the best engineer in the service."
declared a fourth, "and I happen to know
that he narrowly missed the appointment
as Engincer-ln-Chlcf of the Navy."
"All that you have said may be true."
observed number five, "but his record
shows that he Is primarily an ordnanco
expert."
With an air of finality, the remaining
member of the company, a fellow-Captain
he was of the officer under discussion,
said:
"When you have known him as long as
I have, you will agree that he was born
to command, and that administrative abil
ity is his long suit."
That President Roosevelt sides with tha
last, view' Is evident, from the fact that
he has made him. in fact. If not In title,
the military head of the Navy and the
Secretary's Chief of Staff for the Chief of
tho Bureau of Navigation performs tha
duties of both.
A GUARANTEED CURE FOB PULES.
Itchinsr. Blind. Bleeding or Protruding Plies.
Your druggist -will refund money If Pazo Oint
ment ft to cure you in g to 14 days. 50c
IS WHAT THEY SAY
DR. W. A. WISE.
CITIZEN
of School Life
PHILLIPS
NEW YORK
NERVOUS DEBILITY
BLOOD POISON, RUPTURE, KID
NEY AND URINARY DISEASES
and all diseases and weaknesses of men, due to In
heritance, habits, excesses, or tne result oi specioo
diseases.
Every man who is afflicted owes it to himself and
his posterity to get cured sately and positively, with
out leaving any blight or weakness in his system.
We make no misleading statements or unbusiness
like propositions to the afflicted in order to secure
their patronage. The many years of our successful
practice In Portland prove that our methods of treat
ment aro safe and certain.
Call at our offices or write, and If we And that you
cannot be cured we will NOT accept your money
UNDER ANY CONDITIONS; and if wo find you are
curable we will guarantee a SAFE AND POSITIVE
nuiiE In the shortest possible time, without inlurimw