RIGHT TO DRAIN BOX
Oregon Supreme Court Up
holds Experiment Station.
APPEAL FROM UNION COUNTY
Electric Company Has Right of Ac
tion to Condemn Way for Ditch
Order for Attorney's Fees to
Receiver Not Final.
Agricultural Experiment Station at
Union has right to maintain drain-box
to prevent overflow of Its lands.
Under section 5022 et aeq. of the
code, an electric company may main
tain an action to condemn right of
way for a ditch or to condemn riparian
rights without alleging that It owns
all the land on the stream below the
point of diversion, or the Tight to use
all the rurplus water.
An order allowing attorney's fees for
services rendered a receiver, without
notice of the application being given
to the creditors, is not a final decree
from which an appeal can be taken.
SAL.BM, Or., Jan. 3. (Special.) The Su
preme Court today handed, down decisions
In four appealed cases, three upon the
merits and one dismissing; the appeal. The
most Important case was that of the
Agricultural College vs. Hutchinson, in
which the college -wins Its suit for the
right to drain its experiment station
lands near Union, The decisions are as
follows:
Agricultural College vs. Hutchinson.
State Agricultural College and A. B.
Leckenby, respondents, vs. James H.
Hutchinson and "W. R. Hutchinson, ap
pellants, from Union County, Robert
Eakin. Judge, affirmed; opinion by Jus
tice Bean.
This was an appeal from a decree of the
Circuit Court restraining defendants from
Interfering with a dralnbox put in by
plaintiff to carry surplus water from its
land near Union. After a review of the
evidence the Supreme Court concludes
that at a conference held by the parties
in June, 1902, It was agreed that defend
ants should deepen the Godley ditch so
as to prevent the water accumulating and
overflowing plaintiffs land, which agree
ment should be enforced.
The court therefore decrees that plain
tiff shall be permitted to maintain the
dralnbox until such time as defendants
deepen the ditch so as to carry off the
water.
Grand Ronde Company vs. Drake.
' Grand Ronde Electrical Power Com
pany, appellants, .-vs.- A. H. Drake and
H. D. Drake, respondents, from Union
County. Robert Eakin, Judge, reversed
and remanded; opinion by Chief Justice
Moore.
This was an action to condemn a right
of way for a ditch across defendants
premises and. also their interest as ri
parian proprietors In and to the surplus
waters of a non-navigable stream. The
action was brought under the provisions
of section 5022 et sea.. Of .the code. It
was pot alleged in the complaint that the
plaintiffs Owned all the land" bordering on
the -stnuun below the jfat,f-diversion,
or thlhadwyXred f?omriparlRn pro
prietors the right'-to "divert. . the. surplus
water in the .creek, "between these points,
and because of this mission the defend
ant filed a demurrer, which was sustained
and the action dismissed, whereupon the
plaintiff appealed.
The Supreme Court holds that when a
corporation such as this has complied with
the provisions of the sections preceding
section 5028, It may maintain the action
to condemn a right of way or to condemn
riparian rights, or join both rights in one
action if both are vested in one defendant.
Norwich Union vs. O. R. & N.
Xorwich Union Fire Insurance Com
pany, respondent, vs. O. R. & N. Co.,
appellants, from Umatilla County. W. R.
Kills. Judge; affirmed.
This was an action In which tho plain
tiff recovered judgment against defend
ant for loss sustained by tire, alleged to.
have been caused by the negligent opera
tion and management of a freight train
m and certain engines used for propelling It.
The defendant appealed and in affirm
ing the decision the Supreme Court holds
that the records of a master mechanics'
association are the best evidence of the
action the association has taken in rec
ommending spark-arresting devices; and
that it was proper to instruct the jury
that they might consider the care and
caution "usually" exercised by the em
ployes in charge of the engine which Is
alleged to have set the Are. for if the
employes had usually been careless1 the
Jury might reasonably conclude that they
were negligent at this particular time.
Wilder vs. Reed.
Gardner K. Wilder, respondent, vs. TV. I.
Reed, appellant, from Multnomah County.
Arthur It. Frazer. Judge: appeal dis
missed; opinion per curiam.
This is a suit to dissolve a partnership
and for an accounting. Prior to the final
settlement the attorneys engaged by the'
receiver petitioned the court for an allow
ance of $250. but the transcript does not
snow that the creditors were notified of
the application. The defendant filed an
objection, supported by affidavits, to which
counter-affidavits were interposed, and on
this Issue the court allowed the sum de
mandedi ordering the receiver to nay it.
whereupon defendant appealed.
The Supreme Court holds that since the
creditors were not notified of the appli
cation for the payment of attorney's fees
"by the viewer, the order of the court al
lowing it Is not final, and hence no ap
peal could be taken.
Wells. Fargo & Co., appellant, vs. Me
llnda Morgan, respondent, from Multno
mah County. Arthur L. Frazer. Judge;
reversed July IS. 1904. petition for rehear
ing denied; opinion by Justice Bean.
YOUNGEST OF DRUMMER BOYS
Vancouver Man Has Had Many Ad
ventures Since Enlisting at 13.
VANCOUVER. Wash.. Jan. i-fSnprfnl
In an Item of The Oregonlan of De
cember 24 from Richmond, Ind., it was
stated that Edward Duffy, of Indiana,
alleged that be Is the youngest drummer
boy who ever enlisted and served In the
Union Army during the Civil War.
A resident o- Vancouver. Henry Devoe.
who was enlisted in Company B, . Four
teenth Infantry, October 3, 1S63. at the
age of U years, says he is younger than
the Ir-diana man. Devoe holds a dls
chargt." from the United States Army bear
ing out his statement. He says he is now
S3 years of age. having been born in New
York City in March. 1832. Mr. Devoe spells
his name Defeau, but at the time of en
listment It was misspelled and has re
mained so ever since.
Devoe has served 17 years in all and
has proven himself on several occasions
a brave and good soldier. He was chosen
in 1872 as a scout by General Crook and
was sent to Montana, where his knowl
edge of the country was a great aid dur
ing the Indian wars in that country
Mr Devoe was also appointed Sheriff of
if n ' Mont-. anl WDile he was in this
office he captured several desperate crim
inals, among them two Indians who had
murdered some ranchers in the vfcialty.
He went 'alone into the camp of about 309
Indians and captured his men, telling the
others, that he had two companies ox sol
diers near by. Devoe was hotly pursued by
the Indians, but succeeded in landing hLs
prisoners in Gi endive.
Devoe was a resident of Glendive at the
time the Northern Pacific track was built
and had many strange adventures during
the early development of the liorthwest.
having served in nearly every post in
this part of the country.
HICCOUGHS FOR THREE MONTHS
Idaho Man Has Had No Rest in All
That Time.
LEW1STON, Idaho. Jan. 3. Special.)
After naving sunerea from hiccoughs
continually for the last three months.
David Akers, who lives near Oro Flno,
was brought to the hospital yesterday
for treatment. Lost night he rested for
two or three hours, the first rest he has
had since the attack. What started the
hiccoughs is a mystery to Dr. Hurlburt,
who is anxious to learn the exact cause.
Night and day, asleep and awake, hic
coughs have continually hammered at
tne man s system, which Is much weak
ened. Akers is 28 years old and' a. single
man.
NORTHWEST DEAD.
Harley A. Belknap.
SALEM, Jan. 3. fSDeclaU Har'lev A.
Belknap, an Oregon pioneer of 184S, died
at ban Jose, caL. December 29, and the
remains were buried fcere yesterday.
The deceased was born in Big
Lick County, Ohio, 'in 1832. and
crossed the plains to Oregon when
16 years of. age. Until 1864 he lived
in the old Belknap settlement, south of
Monroe, Benton County, and then came to
Salem, where he engaged in the carpen
ters trade. -He aided in constructing the
present Willamette University building,
and erected a number of the pioneer resi
dences. He was a leader in religious work
and served as superintendent of the Meth
odist Episcopal Sunday school during the
pastorate of Rev. J. H. "Wythe. He is sur
vived by a wife Mrs. Thirza A. Belknap
and the following children: Dr. H. P. Bel
knap, Prlnevllle; H. T. Belknap. Los
Gatos. Cal.; Sylvester, V. C. and EL A.
Belknap. Prairie City, and Grace Belknap,
San Jose, Cal.
Martin Fuhrman.
GOLDENDALE. Wash.. Jan. 3. (Spe
cial.) Martin Fuhrman, a pioneer stock
man of Klickitat County and a veteran
of the Civil "War, succumbed to a severe
attack of pheumonia at his home In this
city December 29. Mr. Fuhrman was at
one time one of the largest sheepowners
in Central Washington and was an hon
ored and respected citizen of Klickitat
County for 27 years. He was born In
Germany, near Vienna, in 1S4L and came
to the United States with his parents
when he 'was a child. At the outbreak
of the Civil "War he enlisted In the Sev
enth Illinois Cavalry and served for three
years.. After the war he settled in Iowa.
In 1877 he came west and settled In Klick
itat County.
Mrs. Emma Brady Evans.
ASHLAND, Or.. Jaiu3. SpecIaL)-Mrs.
Emma Brady Evans, mother of Mayor H.
S. Evans, of Ashland, and a resident of
Ashland for 20 years, died at her home
In this city Sunday. In the SOth year of
her ace. Mrs. Evans was a native of
Greenwich, England, and afterward re
sided in New Zealand, where she was
married. She and her husband afterward
removed to Australia, and thence to the
Sandwich Islands, coming to San Fran
cisco in 1SSS, where he died.
James Finney.
GERVAIS. Or.. Jan. 3. Special.)
James Finney, an old resident of the
French Prairie section, died at his home
January 1 at the age of 77. He leaves a
wife and family of three Ella, George
and. Edward. He, came to this state 30
years ago He was a prominent Catholic
and a large hopgrower.
STUBBS MUST SERVE SENTENCE
Federal Judge Confirms Court-Mar
tial Sentence of 'Young Soldier.
x SEATTLE, Jan. 3. Judge H. a Han
ford in the Federal Court today decid
ed that Private F. R. Stubbs. of the
Nineteenth .Infantry, must serve out
the sentence of five years' imprison
ment imposed upon him by a court-
martial for conduct prejudicial to good
order in killing a fellow soldier last
July. Stubbs was tried by civil author!
ties on a charge or murder and ac
quitted, and ho thereafter appealed to
the F6deral Court to escape the results
of u second trial for what he held to be
the same offense.
MINER PLUNGES ON COMPANIONS
Dead Body Strikes Four in Cage, In
flicting Severe Injuries.
WALLACE. Idaho, Jan. 3. While de
scending In the cage at the -Standard mine
tonight the coat of G. T. Farley caught
In tne timbering, drawing him between.
It and the cage and breaking every bone
in his body. When the cage passed his
lifeless body was released and fell with
great force among the other miners occu
pying me cage. -our or them were
struck by the tailing body and injured.
Dut not rataiiy.
JAPANESE LINERS RELEASED
Four Vessels Will, This Month, Re
sume Service With America.
VICTORIA. B. C Jan. 3. Advices
have been received here that the Nip
pon rusen Kaisha will reopen Its
American service this month. The
steamers Kaga Mara. Shinano Marti.
Akl Maru and Tosa Maru were to be re-
icasea rrom transport service, the Iyo
-Maru ana ivanagawa .Maru having al
ready been released.
Woman Made Journal Clerk.
BOISE. Idaho, Jan. 3. (Special.) The
House was not prepared today to proceed
with Its organization. Consequently noth
ing was done beyond the election of a
Journal clerk . and the selection of a com
mittee on rules. The Governor's message
was not delivered, but it is thought it
will go in tomorrow.
Miss Maude S. Howe, of Nez Perces,
was elected journal clerk. Auldbaeh. of
Shoshone, sought to secure the election of
Mrs. Mary A. Wright as assistant chief
clerk, but as the caurus had not acted
upon the place, the nomination was with
drawn. It is believed the caucus will be
held tomorrow to make the selections of
attaches, but nothing has been arranged
definitely. A large number of petitions
are being circulated by applicants. Will
H. Sherrler, of Ada County, Is talked of
for chief clerk.
The Senate session was brief, a few com
mittees being named.
Held for Malicious Mischief.
LA GRANDE, Or.. Jan. 3. (Special.)
Tho three young men. Roy Dale. Edwin
Bloom and Randall Boswell, of Enter
prise, Wallowa County, were each placed
under $250 bonds at that place on the
charge of malicious destruction of prop
erty there on Christmas. Among the
things committed was that of tying ropes
to cows' tails, two of them being pulled
out by the roots. They will appear be
fore the Circuit Court in May.
Lake Trout From Wisconsin.
OREGON CITY. Or., Jan. X Spfcial)
Claudius TYalllch, superintendent of the
Clackamas Rtver hatchery, today received
from Wisconsin a shipment of 105,000
lake trout eggs, to be planted in the
streams in this locality. This i the reg
ular annual shipment of lake trout eggs i
that is sent to the hatchery near this j
oit-. !
THE MILES IS GLAD
Signing of Portage.Road Con
tract Is Celebrated
TERMINUS IS MUCH DESIRED
Project Is Under Way to Extend the
Trackage From Big Eddy Into
the G,Ity Prominent Port
landers at the Reception;
THE DALLES, Or., Jan. 3. (Special.)
A brilliant reception took place at the
parlors of the Commercial Club, in this
city,, last evening, to celebrate the occas
ion of the signing of the contract for the
building of the portage road between this
city and Celllo. Following the calling of
a meeting for this purpose by Mayor Seu
fert, President Whealdon, on behalf of the
Commercial Club, tendered a reception to
the visitors and residents of 7me Dalles,
making the occasion a memqrable social
one as well as a business meeting. Judge
"W- J. Marriner, of Blalock; Henry Hahn,
L. A. Lewis and J. N. Teal, of Portland,
members of the Open-River Association,
were present, as well as about 300 resi
dents of this city and Its neighborhood.
After a musical and literary programme.
President "Whealdon gave a brief speech
of welcome and Introduced Judge Marri
ner. who spoke briefly of the obstacles
encountered by the Open-River Association
In this project and asserting that it was
the wish of the Inland Empire as well as
the association that The Dalles be made
the terminus of the portage road. Instead
of the foot of the Big Eddy, three miles
above the city.
Mayor Seufert being called upon to ex
plain the situation, reported a conference
held between himself and the president" of
the Great Southern Railroad, now build
ing to Dufur. in which this official had
signified his willingness to grant the port
age road trackage over his lines from the
foot of the eddy to the city limits, leav
ing but about one-half mile of track from
the Great Southern terminus to the city
water-front to be built.
Mayor Seufert was followed by Mr.
Hahn, who dwelt at length upon tho ef
forts of the association to surmount the
difficulties .which .had been met at every
turn to secure the ultimate success of the
portage road. L. A. Lewis also spoke
briefly regarding the friendly relations
that have existed for so many years
among the merchants of The Dalles and
Portland, expressing the opinion that this
friendliness in trade would be augmented
very perceptibly by the completion of the
portage road, not only as regarded the
merchants of The Dalles, but the entire
inland country.
Mr. Teal followed with a history of the
Open-River Association and its undertak
ings in securing the right of way. sug
gesting that if the Wasco County delega
tion would make a plea In the coming
Legislature It would be highly probable
that the state might be Induced to extend
the portage the requisite number of miles,
making The Dalles its terminus. At the
conclusion of the business meeting a buf
fet supper was served.
MAD FROM WOLF BITE.
British Columbia Man Dies From Dis
ease He So Much Dreaded.
VANCOUVER, -B. C. Jan. 3. Hydro
phobia, caused by the bite of a wolf, at
White Horse, three months ago, carried
off Pioneer James B. CoHin today. Dr.
Ernest Hall says this is the first case
known in either British Columbia, Wash
ington or Oregon. Colvin's last hours
were the more pitiable because he com
prehended clearly the certainty of his
awful fate. Colvin received his death
wounds in attempting to
wife's dog from wolves
Northern camp. One of
mals fastened its fangs
save
in
the
Into
his
the
right hand. The man's cries brought
Mrs. Colvin to the rescue. She attacked
the wolf with a piece of wood and drove
it off, but it returned to the encounter.
Northwest mounted police joined Mrs.
Colvin In driving off the brute, but not
until Mr. Colvin's other hand had also
been badly mangled. Colvin was per
sistently tortured by the fear that hydro
phobia would result.
Thursday last symptoms of true hydro
phobia presented themselves. Colvin was
Immediately placed In the Jubilee Hos
pital, at Victoria, where he suffered In
tense agony until death mercifully re
leased him.
SURPRISE FOR SALOON MEN.
Aberdeen Mayor's Speech Is for En
forcement of Law and Order.
ABERDEEN, Wash.. Jan. 3. (Special.)
Mayor Llndstrom and the new Council
were sworn In tonight and the first ses
sion of the new body was held. The new
Mayor's speech is for the enforcement of
law and order and to all intents against
gambling, although he was elected by
the votes of the saloon element.
PARDEE SENDS FIRST MESSAGE
Irrigation and Forest Are Treated
Upon by California Governor.
SACRAMENTO, CaL, Jan. 3. Governor
Pardee today sent his first message to the
state Legislature. Referring to the Im
portant matters of irrigation and preser
vation of tho forests. Governor Pardee
says the state should act in harmony with
the National Government.
"An undertaking, one to which legisla
tive attention will doubtless be Invited,"
says the Governor, "is likely to prove re
markable and important. The Klamath
basin, situated partly In California and
partly In Oregon, contains several lakes
and both overflow arid districts. A way
has been found to so increase the flow of
the Klamath River as to drain two im
portant lakes and reclaim to cultivation
the greater part of their areas. To do
this the consent of both California and
Oregon will -le needed. It Is proposed
that California shall cede to the National
Government her Interests In the lands
which will be laid bare by the lowering
of the water In the lakes; but as thesa
lands will be sold only to actual settlers
and the proceeds used, together with
other funds, to meet the expenses of the
undertaking, it would seem this stat
can well afford to 'give its assent if Ore
gon will do likewise, as It Is believed that
it will.
"There are 200,000 acres, two-thirds in
California and one-third In Ore iron, which
it Is claimed, can thus be reclaimed and
irrigated. To accomplish this It will be
necessary to draw water from unoer Kla
math Lakes, In Oregon, to Irrigate lands
in uaurornla. and likewise from Clear
Lake a smaller body of -water lying to
the cast of Rhett Lake, in California to
irrigate lanas across me line in Orecon.
The different levels of the lakes relative
to tne areas they are expected to irrigate
make necessary this reciprocal arrange
ment, and It cannot be doubted that the
two commonwealths ought to eo-oaera.tr,
heartily in what Is likely to prove so
great a common advantage."
The message closed with an argument in
favor of river control and the reclamation
of flood lands.
Inaugural Ball at Boise.
BOISE, Idaho. Jan. 1 The inaiurural
ball was held this evening at the "Nata-
torium. It was by far tfce most elaborate
event of the Jdn4 yet held In the state.
The building was decorated handsomely
and a great throng was in attendance.
To Amend Charter ef Seaside
ASTORIA, Or., Jan. 3. (Special-) A bill
nas been prepared for introduction at the
coming session of the Legislature to
amend the charter of the town of Sea
side. The amendments proposed in the
bill provide for a division of the town
Into wards so that the Couriclhaen will
be elected from different sections, that
voters must be taxpayers who have re
sided In the precinct for at least 30 days,
increasing the limit of indebtedness from
J10CO to $2000 and authorizing the Council
to issue bonds in the sum of $12,009 for
extending the town water system.
A mass meeting was held there- a few
days ago and recommended In addition
to the above amendments one providing
that no saloons shall be allowed on the
main streets and all saloons shall close
on Sundays.
Kaiama Will Have Exhibit.
KALAMA, Wash., Jan. 3. (Special.)
At a meeting of the County Commission
ers today, the subject of a county ex
hi bit at the Lewis and Clark Fair was
discussed informally, and an agreement
reached that it was to the best interest
of the count to maintain an exhibit dur
lng the Fair that would be commensu
rate with the rast wealth of the county
in agricultural and horticultural prod
ucts, as- well as the lumber and fishing
interests.
The plans and scope of the exhibit has
not as yet been mapped out. but the Com
mlssioners assure us it will be a credit to
the county. -
Revenue for Water Works.
ASHLAND, Or., Jan. 3. (SpeciaL) The
revenues of the water system of Ashland
for the year just closed have amounted
to J11.571-S5, according to the report of
the water works, commissioner, William
Patterson, whoss report was submitted
to the City Council tonight. During tho
past year the system has been extended
considerably, a total of 10.505 feet of main
from three-quarters of an Inch to ten
inches In diameter having been laid.
The city Is bonded in the sum of 330.001
on account of the water system, but it
pays a handsome revenue in addition to
interest and operating expenses.
-Favors Referendum Law.
HELENA, Mont, Jan. 3. Governor Jo
seph K. Toole, in his biennial message to
the State Legislature, favors the adoption
of a constitutional amendment for the
Initiative and referendum, a direct-pri
mary election. law, a fellow-servant law.
the creation of a railroad commission, and
the election of United States Senators
by direct vote of the people. He touches
local and state topics briefly. Better
sanitary conditions In Butte mines are
recommended, and economy in making
appropriations Is suggested. The mes
sage Is brief. It was read to the joint
assemDiy at 2:30 o'clock.
Prizes for Fair Exhibits.
OREGON CITY. Or.. Jan. 3.-gi(SpeclaD
At its regular meeting today, the, execu
tive committee having in charge the ex
hibit from this county that is to be shown
at the Lewis and Clark Fair at Portland
in 19& adopted a schedule by which will
be distributed to the producers of Clack
amas County the sum of 3150 for the best
samples of agricultural and other prod
ucts or which the exhibit will be com
posed. Three prizes are offered for each
sample, ranging from for first prize to
i ior tne third. The contest is to con
elude April 13.
Sealhunters on a Strike.
VICTORIA. B. C Jan. 3. Fewer
sealing- schooners will be sent this
year to cruise off the British Colum
bia and Oregon and Callfornian coasts
than in past seasons. No schooners will
be sent with' Indian crews, for the
first time on record. White hunters will
man each vessel sent, but it u nmh-
able that not more than seven or eight
win go out.
The hunters today struck for an In
crease of wages, demanding- 34 per skin
insicaa or $3.50 us heretofore. The
company reruses to pay the- Increase-
Wilson May Go to Spain.
OIUAl-JL, wasn.. Jan. S.-H(nrv T.
Wilson, of Spokane, United States Min
ister to Chile and a brother of ex-United
States Senator John L. Wilson, of this
city, who Is a candidate for election
again, has been notified that he will soon
be promoted to a European post, proba-
oij opain. ine promotion comes only on
merit and without reference to political
considerations, the President announce
Minister Wilson has had a longer term of
service tnan any other American diplo
mat except Minister Porter, and the
President Is much pleased with the rec
ord he has made.
Diver Will Search for Body.
ASTORIA. Or.. Jan. 3.-(SpeclaL)-The
woman wno mysteriously disappeared
from Skamokawa during Saturday night
and is thought to have been drowned was
a Mrs, Sailor, whose husband conducts a
billiard room at Tenth and Washington
streets in Portland. The river in the
vicinity of the wharf at Skamokawa has
been dragged and dynamited during the
past three days, but no trace of the body
has been found. Tonight a diver left
here for Skamokawa and will make a
search tomorrow.
Aged Farmer Thrown From Wagon.
PENDLETON, Or., Jan. X-(SpeciaL)
8. P. Hutchinson, wealthy and pioneer
farmer, narrowly escaped Instant death
this morning by being thrown out of his
wagon a mile from the city. He was
driving down a steep hill, when his
wagon struck a rock, throwing him out
of the wagon. He suffered the fracture
of two ribs and received a severe Injury
on his head, rendering him unconscious.
Owing to his extreme age, his recovery
is considered doubtful.
Contract for Walla Walla Barracks.
WALLA WALLA, Wash.. Jan. 3. (Spe
cial.) Robert Goldie. of the firm of Goldlo
Bros., Portland, executed the bond and
contracts to the Government for the con
struction of the two large brick barracks
at 'Fort Walla Walla. According to the
contracts, the work Is to be finished with
in seven months, but Mr. Goldie feels con
fident that the construction will be com
pleted in considerably less time. James &
Crouten. of Port Townsend. will do the'
plumbing.
Capitol Now Belongs to State.
OLYMPIA. Wash.. Jan. (Special.)
The State Capitol Commission today ap
proved the final accounts and adjourned
until next Tuesday, at which time the
commission will go out of existence. The
entire building was today placed under
the control of Secretary of State S. H.
Nichols, who Is the legal custodian. Claims
for overtime In the amount of $9200, nied
by "W. A. Rlchlle. architect, were disap
proved. Miner Drowned From Lake Boat.
BELLI KG HAM. Wash.. Jan. 3. (Spe
cial.) Jack Wilson, a miner In the em
ploy of the. Blue Canyon Mining Com
pany, this afternoon fell from the deck of
the steamer Elsinore, plying on Lake
Whatcom, and before help could reach
the unfortunate man he was drowned.
His body has not yet been recovered. He
was a single man and has no relatives In
this part of the country.
Foster's Advent Will Start Fight.
TACOMA, Wash., Jan. 3. Senator A. G.
Foster Is a passenger on the North Coast
Limited, due to arrive in Tacoma tomor
row night. His coming will be the signal
for the beginning of the real fight for the
Washington Senatorshlp. He will open no
"barT." That much has been made
.known by bis managers fcre. J
FUNDS FOR ROAD WaRKl
WASHINGTON COUNTY MEETING
IS VERY LARGELY ATTENDED.
Resolutions ef Salem Meeting In
dorsed Appropriation of $25,CHM) '
Is Recommended far Csunty.
HTLLSBORO, Or.. Jan. 3. (SpeciaL)
The Washington County good roads
meeting held here today was attended
by at least 200 from various parts of
the county Nearly all the Road Su
pervisors and two members of the Leg
islature -were in attendance. Dr. James
Withycombe, vice-director at the Cor
vallls Agricultural College, and whose
home Is near this city, delivered the
opening address, urging action.
Judge Magers, of Portland, addressed
the audience on practical road work,
and condemned the present unsystem
atic labors on the public roads. Other
speakers were: Dr. J. P. Tamiesie, who
advocated Government aid; Hon. B.
P. Cornelius, Mayor of Hlllsboro; Hon.
W. D. Hare, Colonel Haynes and Ira E.
Purdln, of Forest Grove, and Ferd
Groner. of Scholia.
A committee consisting of W. K.
Newell. Representative-elect; John
Milne, W: D. Hare. Harry Haynes and
B. P. Cornelius, brought iff a resolu
tion Indorsing- the adopted resolution
at, the recent Salem state meeting; giv
ing the county the right of eminent
domain over its roads and placing the
supervision, of road work In the hands
of the County Board; the purchase of
up-to-date road machinery; holding
road institutes In Janunrv and "EVhrti-
ary of each year, and a recommendation
that the county appropriate 325,000
additional to the rcjrular lew. this
for permanent toad work. The reso
lution was amended to make the ap
propriation 3100,000 of bonds, but the
amenument was not adopted, 'and the
motion to adopt the original was car
ried with but two or three dissenting
votes.
FIRE LOSS AT NORTH YAKIMA
Flames Break Out in Clcthing Store
and Destroy Other Property.
NORTH YAKIMA. Wash.. Jan. 3.
iaDeciai.1 inr- Mnrrl;nn nnrt Fnnnicnn
buildings, on West Yakima avenue, were
suitea d- nre tonigat, and the 3tores of
o-kjwis Finney, jrranK ciarK ana C S.
StatZ almost totallv deatrnved. Tho trio
will probably foot up 315,000.
ine nre originated In Statz clothing
Store While ho TfM nt tho nnn nn vm
municated to the lodging-rooms kept by
. it. tiorn, on the second floOr. thence
to the space between the celling and
rOOf. For mnm than thnu. knnni .V. AM
men fought the flames and prevented them
irom spreading to adjoining buildings.
SUMMONED IN SMOOT CASE.
J. H. Brady and W. E. Borah Are
Called by the Defense.
BOISE. Idaho. Jan. 3. J. H. Brady.
chairman of the Republican State Com
mittee, and W. E. Borah, a well-known
attorney and political leader, have been
summoned to appear in Washington as
witnesses in the Smoot case.
They have been called bv the defense
and are to report January 10.
Prev? nt a Will Contest.
HELENA. Mont., Jan. 2.-Jacob
Klein, of San Francisco, executor of
the estate of the late Henry Klein, a
millionaire merchant of this city, has
-announced that the estate had ef
fected a settlement with Mrs. L. Auer
bach, wife of a retired San Francis
co capitalist and a sister of the de
ceased, who threatened to sue the es
tate because she was not mentioned
in the will. The terms of the settle
ment were not announced.
Leper in Seattle Jail.
SEATTLE, Jan. 3. Arthur McCIel-
lan, a negro prisoner, was found In the
City Jail today with peculiar-looking
sotes on his arms, neck and breast.
A doctor pronounced him a leper. Other
doctors are undecided as to what is the
matter with the negro., and the lat
ter says he does not know himself. The
case will be thoroughly investigated by
the authorities.
Held in Bathhouse Mystery.
ASTORIA. Or.. Jan. 3. SreIal.
Cnarles Mattson, the stranger who was
in the Russian bathhouse In the west
end of the city at the time Herman
Hcndrickson met his death during Sun
day night, was anm-ehended tnriav at
Rainier. He was brought here tonight
and the Coroner's inquest to inquire into
the cause of Hendrickson's death will
be held tomorrow morning.
V
Salem Council Elects Officers.
SALEM. Or.. Jan. 3. (SDecial. Th
new Salem City Council held lb flrt
meeting tonight and elected officers. The
employes of the fire department were all
re-elected. Former Nleht Officer J. w.
J-.cwIs was elected Health Officer. L. R.
-nurpny ana tranK bneoecK were elected
night officers. A. J. Kurtz was elected
Street Commissioner, to succeed H. C
Tarpley.
Fined for Selling Liquor.
SALEM, Or.. Jan. 3. (Special.) District
Attorney McNary today filed an informa
tion against F. P. Talklngton, charging
him with selling liquor on election day.
Talklngton pleaded guilty, and paid a fine
or za imposed by Judge Burnett.
Henrj' Carmody, charged with sellinz
liquor to a minor, at Gates, plead guilty
and paid a $50 fine.
Allen Is Made Statistician.
OLYMPIC. Wash.. Jan. 3. KnwMnl -
George M. Allen, formerly publisher of
the Dawson Nugget and a well-known
neWSOaDer man on the Rnnnd has luion
appointed deputy statistician In the office
of the Secretary of State to succeed A.
W. Frater, who was elected to the Su
perior .tjencn or .King county in the re
cent election.
Lumbering Is Being Resumed.
VAMfi WnnVi Tor, 1 c.l
The Ross & Clyde Lumber Company, op
erating on uoai w.reeK, win resume oper-
The Barr Logging Company has opened
up on the Coweeman with a full crew of
men.
Most Deadly of Insults.
Cleveland Leader.
Fweddie That erenttiro aptttnli.
me to mind my. own business, y'knowl
ijnouy j.ne impertinent wretch!
Fweddie Posltlvelv InnnlMrur. As It n
insinuate, don't yknow. that I was In
business!
RHEUMATISM
PriM25t
I VWC.L REFUND TOWS M0CY IF IT FAILS.
MUINYON, PUUMphlm.
ARE TOOK KIDNEYS WEAK?
Thousands of Men and Women Have Kidney
Trouble and Never Suspect It.
To Prove What the Great Kidney Remedy, Swamp-Root, WHi
Do for YOU, Every Reader of The Oregonlan May Hive
a Sample Bottle Sent Absolutely Free by MaH.
It used to. be considered that only urin
ary and bladder troubles were to be traced
to the kldaeys but now modern science
Proves that, aearlv sit ri!ffe tVtolf
beginning la the disorder of these most
uiitwnani organs.
Therefore, when your kidneys are -weak
Or OUt Of Order. VOtl mn itnriirat?nr4 hnir,
quickly your entire body is affected, and
how every organ seems to fall to do its
duty.
. If you are sick or "feel badly." begin
taking the great kidney remedy. Dr. Kil
mer's SwamD-Root. bMMIIM Tin inmi s
your kidneys begin to get better they will
u we otner organs to health. A
trial will convince anyone.
I Cheerfully reeommanri ami Inline.
Great Remedy, Dr. Kilmer's Swamp-Root,
iwr iMuncy utjuoib ana Da a liver. I have
uea u ana aerlved oreat benefit from It.
I believe It has. cured m ntiriir ri Urt.
ney and liver trouble, from which I suffer-
cq xerriBiy. wost gratefully yours.
n. n. ncTHuuoa, cnief of Police,
Columbus, Ga.
Weak and unhealthy k!dniv orn re
sponsible for many kinds of diseases, and
If permitted to continue much suffering
and fatal results are sure to follow. Kid
ney trouble irribitf th neM t
you dizzy, restless, sleepless and Irritable.
Makes VnU nana U'ltar nftan ...t .1
day and obliges you to get up many times
uuiiuj, mo mgnc. unneaitny Kidneys cause
rheumatism, gravel, catarrh of the blad
der, pain or dull ache In the back, JoInt3
and muscles; make your head acho and
back ache, cause indigestion, stomach and
liver trouble; you get a sallow, yellow
complexion, make you feel as though you
had heart trouble; you may have plenty
of ambition, but no strength; get weak
and waste away.
The cure for these troubles is Dr. Kil
mer's Swamp-Root, the world-famous
kidney remedy. In taking Swamp-Root
you afford natural help to Nature, for
Swamp-Root Is the most perfect healer
and gentle aid to the kidneys that Is
known to medical science.
How to Find Out
If there Is any doubt in your mind as to
your condition, take from your urine on
rising about four ounces, place It In a
lass or bottle and let it stand 24 hours.
If on examination it Is milky or cloudy,
if there Is a brick-dust settling, or If small
particles float about In it. your kidneys
are in need of Immediate attention.
Swamp-Root is pleasant to take and Is
used In the leading hospitals, recommend
ed by physicians la their private prac
tice, and is taken by doctors themselves
who have kidney aliments, because they
recognize in It the greatest and most suc
ceaful remedy for kidney, liver and blad
der troubles.
thousands of testimonial letters received from men and women cured lae vXa
rfaS.C15,SW?mp-R0?t 13 00 Weil known that our readers advised to send I for
a sample bottle. In sending-your address to Dr. Kilmer & Co.. BlnghamtonT N. Y.I
ThllnJSJSL Vead thls Senero la the Portland Dally 0?egonian
The proprietors of this paper guarantee the genuineness of this offer.
GRAND PRIZE
THE HIGHEST AWARD
WAS RECEIVED BY
Abollinarh
AT ST. LOUIS EXPOSITION.
f)nrtnr; nf thp St I
SPECIALISTS IN
secure their patronage. The many years of our suc
cessful practice in Portland prove that our methods
The Master Specialist oC treatment are safe and certain,
of Fortlaad, who cum Cal1 at our offices or write, and if we find that you
men only, who ses cannot be cured we will NOT accept your money
patients personally. tUfDER ANY CONDITIONS; and If we find you are
Established 1879. curable we will guarantee a SAFE AND POSITIVE
CURE in the shortest possible time, without Injuri
ous after-effects. Our charges will be as low as possible for conscien
tious, skillful and successful service. Consult us before consenting to
any surgical procedure upon important blood vessels and organs,
SPECIA1. HOME TREATMENT. If you cannot call, write us. Always
Inclose ten 2-cent stamps for reply.
OFFICE IIOURSx 8 A. M. to 8 P. 31.$ SUNDAYS, 10 to 3 ONLY.
THE DR.
St. Louis
Medical and
Surgical
Cor. Second and Yamhill
potency thoroughly cured. No failure. Cure guaranteed.
YOUNG MJt:N troubled with night emissions, dreams, exhausting, drains,
bashlulness. aversion to society, which deprive you of your manhood: UNFITS
YOU ior BUSINESS OR MAKH1AGE. ' aJiuuUU,Un1.i
MIDDLE-AGED MKX, who from excesses and strains have; lost their
SCANLY PO WER. -
BLOOD AND SKIN DISEASES, Syphilis. Gonorrhoea,, painful.- 'bloody urine
Gleet. Stricture. Enlarged Prostate, Sexual Debility. Varlcoceleisqaydrocele Kid
ney and Uer troubles cured without MERCURY OR OTHEK.fpeiSONOUS
DRUGS. Catarrh and rheumatism CURED. iu.suiw1j3
Dr. Walker's methods are regular and scientific. He uses no patent nos
trums or ready-made preparations, but cures the disease by thorough medical
treatment. His New Pamphlet on Private Diseases .sent free to all- men who de
scribe their trouble. PATIENTS cured at home. Terms reasonable All letters
answered In plain envelops. Consultation free and sacredly confidential. Call
on or address'
DR. WALKER, 151 First Street, Corner Yamhill, Portland, Or,
DR. KILMER'S
SWAMP-ROOT
Kidney, Liver and BUddar
CURE.
DIRECTIONS
May tafce ooa, two or (era
tMwpooofoh befors or after meal
tnrl &t bedtime.
Ofldren lesaacccrdtjcto age.
JfjLj- commence with miaU io$m
and Increajs to fall doso or mm fc,
s the case) wooM aeem to reqsife;
This great rerncdj- cor all
kidney, lirer. bladder and. XTrla
Add troubles asd disorders doa
to wesk kidney, sachaa catarrh
of tho bladder, praTd. rntniaar.
Uja, lumbago asd Bright) .Dis
ease, -which is the worst tons o
kldnty disease.
It is plecsast to taks.
PREPARED ONLY BT
DR. KILMER & CO.
BIN6HAMT0N, N. Y.
Sold by all Bra-gists.
(Swamp-Root Is pleasant to take.)
If you are already convinced that.
Swamp-Root la what you need, you can
purchase the regular 50-cent and 51 a!ze
bottles at the drug stores everywhere.
Don't make any mistake, but remember
the name, Swamp-Root, Dr. Kilmer's
Swamp-Root, and the address, Blngham-
ion. x.. on every Dome.
Natural Mineral Water
mik Ssf '
Dispensary
.. UVUWcr,uaI
DISEASES OF MEN
VARICOCELE, HYDROCELE
NERVOUS DEBILITY
BLOOD POISON, RUPTURE, KID
NEY AND URINARY DISEASES
and all diseases and weaknesses of men. due to in
heritance, habits, excesses, or the result of specific
diseases.
Every man who Is afflicted owes It to himself and
his posterity to get cured safely and positively,
without leaving any blight or weakness in-his sys
tem. We make no misleading statements or un
businesslike propositions to the afflicted in order to
KESSLER
Dispensary
Streets, Portland, Or.
Twenty Years of Success
In the treatment of chronic diseases; such as liver,
kidney and stomach disorders, constipation diar
rhoea, dropsical swellings. Brlght's disease, etc.
Kidney and Urinary
Complaints, painful, difficult, too frequent, milky or
bloody urine, unnatural discharges speedily cured.
Diseases of the Rectum
Such as piles, fistula. Assure, ulceration mucous and
bloody discharges, cured without the knife, pain or
confinement.
Diseases of Men
Blooa DOtsnn. srleet stricture nnnotural lni.u In.