THE MORNING. OREGQNIAN, TUESDAY JANUARY 31, 1905.
QFHURTS
Edwin Stone Does Not
Regain Senses.
BODY BRUISED AND BURNED
Fatal Injuries Were Received in
Hotel at Newport
MYSTERY IS YET UNSOLVED
Two Men In Adjoining Room Made
Haste Slowly In Going to Relief
of Manager of the Cor
vallls A. Eastern.
ALBA NT. Or.. Jan. 30. Sped-J.) Ed
wrn Stone, manager of the Corvallls &
2astem Railroad Company, who was se
rioixfiy burned In a Are started in his room
st the Abbey House at Newport Sunday
morning whHe he was unconscious from
am assault by aa unknown man. died at
home la this city this morning. He
iivrd IS hour after rrcel-lng fatal In
juries, but never completely recovered con-kK-lousnem.
Twice he was semi-conscious
tnd was able to recognise few friends
febout him. Once he referred to the as
sault and said te the Hon. J. K. Weather
Sord. who was at Newport with him when
thf assault occurred:
-Have you found out who got away
nrith mr He waa never able, however,
to give aa account of the assault, but it is
siow practically certain how It occurred.
Assaulted as He Slept.
Soon after midnight Saturday night
someone entered the room In which Mr.
tone was fleeplng in a building belonging
to the Abbey House, across the street
from the main building of the hotel. Two
Torn whs were sleeping In the roam below
heard a noise is the room as if a struggle
were taking place, and after the noise of
the struggle had ceased they heard moan
ing They were alarmed by the noises and
slot HP to find out the cause.
After dressing they went first to the
mala building of the hotel and. falling to
fad anyone awake, they went to a saloon
nearby and setting the bartender started
back to their room and then discovered
the fire in Mr. Stone's room. The Are was
oon extinguished and Mr. Stone was
found te be seriously burned.
Fire Believed to Be Accidental.
Whether the fire was started accidental
v or whether the assailant thought he
had killed Mr. Stone and set the fire to
hide his crime will never be known. The
HipposUion Is general, however, that th.
fire was started accidentally, and color in
-lent to Ibis theory by tho fact that the
Ore burned very slowly, as Is shown by
the time that elapsed while the two men
ln'tbe room below were dressing and pre
paring te make an investigation.
So' circumstances have arisen to change
the belief current yesterday that the mo
tive of the assault was robber). It is said
that the officials at Newport have suspi
cions as te the identity of the assailant,
Tottt ne arrests have yet been made.
Mr. Stone, accompanied by the Hon. and
"Mrs. J. K. Weatherford. of this city, had
cone te Newport Saturday, intending' to
ce down to his place at Seal Rocks the
jaext day.
There Is universal regret and sorrow in
this city over Mr. Stone's' death, as he
was a man who was universally well liked.
His employes held him in the highest
esteem and all who were his business as
sociates became his sincere friends.
Among citizens generally sincere expres
sions ef regret are heard.
History of the Victim.
Edwin Stene was born in Janesville,
Wis., VZ years ago. He came West when
k mere boy. going to Canyon City. Or..
Mth an uncle in ISM. He worked there a
pbert time and then went te Montana,
where he worked his way up rapidly,
finally engaging in the mercantile bust
ne. He commenced his railroad work
In the employ of the Oregon & California
Railroad, now the Southern Pacific. In
Portland, and was later purchasing agent
of the Northern Pacific Company when the
Northern Pacific was building its line
'Through Montana. He remained in Men
tana several years and was also in the
auditing department of the O. R. & N.
Co. for some time.
Mr. Stene took charge ef the Cervallis
fc Eastern Railroad when A. B. Hammond
7rcbajd H 11 years' age. It was then
the On-gea Pactdc and the general offices
"were at Corvanis. Soea after the road
changed hands the general offices wre
moved to Albany, and during his residence
here Mr. Stone has become one of Al
ba ay's leading citizens. He has been an
' aetive worker for the city's interests, en-f-Agiag
la. all lMtMic -sHterpri-ms. and lias
become ohc of the city's feremert men.
He was formerly proshle-u of the Aleo
Chb. a t-Oetol rganlzatlen of Albany's
Itsaatag bmaoiiK man. Mr. Stene was a
taereuga-golnc. practical railroad man.
f-"d was kaewa as iwea throughout the
Hate.
Mr. Stone bad hoary property latererts
ia tbU pirt of the state. He was iater
t ia aa Immense tract of land be
tuciea CorvalMs and the coax and also
owned tae Seal Reek reiser!, en the coast
rutb,ef Newport. He was a direeter of
the A"4taay Caaal & Water Company.
-M'hiah tupM etectrlc light and water
power Jar tae ety. and U one of Albany's
largo tteriw. He ale owned a half
later ia tfee leeal street raHway and
ccavtoeraMe private property.
Mr. Stne wa a member ef the Masonic
oroor. fecwag a Kxigat Templar, and also
of the R I. O. Btk. bcUg exalted ner
of Ata l-edj-e. No. "a, at the time ef
14 death. He ave a wife aad one yea,
tt iMUm Stoac. ef Eureka. CaL
BISHOP CARROLL IS INSTALLED
Imposing Procession Through Streets
cf Helena to the Cathedral.
IfEUSN'A. Mont.. Jan. 30. (Rlxht Rev.
Jefen I 4arrol as formally in. tailed
ttshi of HelnM tonight The biehop and
committee' of escort arrived from Great
Falls at 6:40 and at 730 the procession. in
cluding visiting prelates and priests and
the Catholic societies of Helena, moved
to the Cathedral of the Sacred Heart,
where the Installation ceremonies were
held. These Included the reading of the
apostolic brief appointing Bishop Carroll,
an address of welcome by Father "Victor
Day. of- Helena, and a feeling response
by the new bishop.
Later a reception to the bishops and
priests was held at the bishop's residence.
Tomorrow morning pontifical high maes
will be celebrated at the CathedraL In
the afternoon there Is to be a banquet at
the Grandon. with Bishop O'Reilly, of
Baker City, as toastmaster. In the even
ing there will be a public reception at the
Auditorium, with addresses by Governor
Toole and others and a response by Bish
op Carroll.
AUTO GOES OVER A BANK.
Two Astorians Escape Death With
Some Injuries.
ASTORIA. Or.. Jan. 30. (Special.)
W. R. Hume, manager, and C McGlad
ry. superintendent of the Tongue Point
Lumber Company's mill, met with a
serious accident this morning- while
riding in an automobile. Both of them
are badly bruised, one has a broken
jaw and the other a broken nose, but
neither Is dangerously injured.
They were coming from the mill to
the city and as they were turning a
sharp corner on the roadway In Upper
town, lost control of the machine,
which was runlng at good speed. The
auto plunged through the railing and
fell to the beach below, a distance of
about 16 feet. Mr. McGladry Jumped
and struck on his face and head, break
ing his nose and receiving a number of
bruises about the face and body.
Mr. Hume went vlth the machine,
which landed bottom up, and he was
caught under It, It was feared for a
time that he had been dangerously
hurt and he was conveyed to the hos
pital at once. An examination showed
that his Jaw was broken and his head
was cut slightly in a number of places,
Otherwise he was uninjured. The au
tomobile was badly wrecked.
"PROFILE SAM" GOES INSANE.
Well-Known Thunder Mountain
Miner Had Been Drinking Heavily.
WBISER. Idaho. Jan. 30. (Special.)
Samuel WUsln, better known as "Profile
Sam," one of the best-known miners In
tho Thunder Mountain district, the dis
coverer of the famous Glasgow and Dun
dee claims, was brought to the city this
evening from Warren and will be taken
to the Insane asylum at Blackfoot to
morrow. Wilson has been acting queer
ly for some time, but lately has become
violent.
Wilson received considerable monoy
from the sale of his mines a year or two
ago but it Is all gone now. He was a
heavy drinker. Ellis, who brought him
out. Is his partner In mining property
Railroad Surveyors at Work.
OREGON -CITY. Or.. Jan. 30. Special.)
Surveyors for the Southern Pacific Com
pany were in the city today, and made
the survey preliminary to the improve
ments that are to be made by the railroad
company In exchange for the perpetual
franchise that has been granted by the
city. Among the improvements to be pro
vided by the railroad company are un
dcrground team and pedestrian crossings
at Third street, an underground subway
for pedestrians at Fourth street, and an
overhead crossing between Seventh and
Eighth streets, with connecting stairs that
will accommodate the travel from both
of those streets.
The enlarging of the depot building and
a general improvement of present accom
modations locally Is contemplated by the
railroad company In connection with the
Improvements that are required to be
made under the franchise ordinance.
Tax Levy In Clatsop County.
ASTORIA. Or.. Jan. 30. (Special.)
The County Court at Its session today
fixed the tax levies on the 1904 roll, as
follows: State and county. 15 mills;
county school. 5.5 mills; Nehalem road.
2 mills; Youngs Bay bridge, 1.5 mills;
courthouse. 5 mills; total, 29 mills.
This is the Mime, as the levy on tho
1903 roll, except that the courthouse
levy is 3 mllto higher.
The 5-mIU levy for the courthouse Is
to continue for a period of 15 years.
according to the order made today, al
though the court has the authority to
drop It at any time after sufficient
funds have been raised to complete and
furnish the new building. The court
estimated the expense of the county for
the year at $2,000. Including ,$10,000
for road improvement and $5000 for
building bridges.
Cripples Fight With Weapons.
ASTORIA. Or.. Jan. 30. (Special.)
Andrew Mattsoa. who arrived a few
days ago from Aberdeen, was arraigned
ia Justice Goodman's court, charged
with assault with a dangerous weapon
on David wroten. and was committed
to the County Jail, in default of $550
bonds.
The two men, both cripples, had an
altercation in a downtown resort at an
early hour yesterday morning, and
Wroten struck Mattson with a cane,
Mattsoa then drew his pocket knife and
cat Wroten in the neck, on the chin and
oa the arm. None of the wounds are
dangerous.
Sale of Coos County Timber.
MARSHFIBLD. Or.. Jan. 30. -(Special.)
Deeds transferring to the eyerhHeu.se ra.
ef Seattle, all the lieu timber lands owned
by the Northern Pacific in Coos County
were filed for record at Coquille yester
day. The consideration te $5 an acre. It
is said the deal also embraces alt the
Northern Pacific lands in Lane and Doug
las Ceaatles
Salmon Quickly Snapped Up.
ASTORIA. Or.. Jan. 39. (Special.) Bet
ter catches of both steelheads and chl
nooks were made yesterday and today
than for several weeks, and a number of
the latter were old In the local markets.
They brought 30 cents per pound and were
quickly disposed of.
For tbt Coach, take Pise's Cure tor Coa-u-aotda.
The Xale Edwin Stone.
WILLYIEW FAIR SITE
Washington's Governor Will
Bring His Personal Staff.
CHOOSE PLACE FOR BUILDING
Elmer E. Johnston, of Everett, Is Of
fered Executive Commissioner
ship With E. L. Reber, of Se
attle as His Secretary..
OLYMPIA,, JjVash., Jan. 30. (Special.)
There was a 'meeting of the Lewis and
Clark Fair Commission tonight at which
It was decided to offer the position of ex
ecutive commissioner to Elmer E John
ston, of Everett, who was executive-commissioner
for this state at the Buffalo -and
St, Louis expositions. The salary was
fixed at 1300 per month. The post of sec
retary was offered to E. L. Reber. a news
paper man of Seattle.
The commission discussed in an informal
way the proposed exhibits, building and
other matters. It seemed to be the opinion
that the building to be erected for this
state should cost about 30.000. The mem
bers of the commission, accompanied by
the Governor and members of bis per
sonal staff, will leave at 10:30 A. M. next
Friday for Portland to view the grounds
and select a building site.
Four bills that were Introduced by J. -B.
Lindsley In the House relating to mu
nicipal matters were acted upon favorably
bv the House committee on municipal cor
porations of the first-class tonight. The
bills provide for the submission to the
voters of the question of granting of valu
able privileges, sale of real estate, etc;
enabling cities of sufficient population to
reincorporate; relieving cities and towns
for liability for damages to persons upon
unimproved streets and alleys; creating
liens for local Improvements against city
lots against which tax foreclosure pro
ceedings are pending.
The Senate judiciary committee acted
fivorably on the bill allowing one cor
portlon to own stock in another; requiring
Superior Judges to pass upon the question
of employing special counsel; preventing
fraudulent removal, incumbrance or de
struction of personal property under con
tract of sale; fixing bonds of guardians at
double the amount of the value of the es
tate.
The House judiciary committee decided
to recommend the passage of the Senate
bill providing for a sixth Judge in King
County and the Indefinite postponement of
the Eidemiller usury bllL H. B. 16, re
quiring the Supreme Court to furnish
copies of opinions to the parties In each
case, and H. B. 179, relating to the com
mitment of persons for nonpayment of
costs and fines.
United States Senator-elect B. H. Piles,
acompanled by Mrs. Piles, has returned
to Olympla. prepared, it is said, to remain
for some time. It is reported that Mr.
Piles Is here to give his aid toward making
good the pledges given by the King Coun
ty delegation to the Eastern Washington
supporters of Charles Sweeny concerning
legislation. Mr. Piles will devote consid
erable interest to the railway commission
measures.
As a companion move to Piles' appear
ance In Olympla for this purpose, the
King County delegation in the House or
ganlxed to night and the Senate delegation
will organize tomorrow.
The House members elected James Weir
president and F. H. Renlck secretary. It
was decided that the House -and Senate
delegations shall act together in political
matters, such as the indorsement of can
didates for any particular position, but
will act separately on legislative matters.
The House committee adopted the unit
rule In both political and legislative mat
ters and appointed Booth, Todd and
Lyons a committee to scrutinize all bills
In which the delegation Is particularly
interested.
There are strong indications that a Capitol-removal
fight will soon develop In the
Legislature. The talk on the subject has
greatly increased during the last few days
and It Is now considered practically settled
that a bill to that end will be introduced
In the House this week.
FIREMEN'S BILL AT OLYMPIA.
Relief Measure Objected To as Open
ing-Wedge for General Pensions.
OLYMPIA. Jan. 30. (Special.) Consid
eration of the firemen's relief bill In the
Senate this afternoon brought to light
considerable opposition to the bill and It
was only saved from indefinite postpone
ment by the efforte of Senator Tucker.
After a hard fight Tucker succeeded in
having the bill set over for a special
order at ll o clock Thursday morning.
Tho bill sets aside 2 per cent of the
premiums paid into fire Insurance com
panies doing business In this state for a
firemen s relief fund, which is to bo used
for pensioning disabled firemen and the
families of firemen killed in the line of
duty. t
Veness of Lewis Is one of the leading
opponents or the bill In the Senate. He
argues that the pensioning of firemen is
but a step toward a general pensioning
scneme that has no limit.
The report of the Joint fisheries com
mittee which conferred with the Oregon
committee, as outlined after their meet
ing Saturday, was adopted.
A favorable committee report was re
ceived on Senator Wilson's bill provld
Ing for the examination and licensing of
osteopaths.
Tho House today received a joint reso
lution requesting the transcontinental
railways to grant a 40-cent rate to Mis
souri River points on timber products.
The resolution was referred to the rail
road committee, but was afterwards re
called and adopted by the House without
committee recommendation.
A resolution that had been adopted" 'by
the City Council of Belllngham was re
ceived, accompanied by a lengthy peti
tlon. all opposing favorable action by the
Legislature on a bill said to be proposed
tor tne changing or the name of Belllnc
ham to Whatcom. The resolution and
petitions were referred to the committee
on municipal corporations of the first
class.
Lindsley's bill providing for the assess
ment for local Improvements of state
lands lying within the limits of cities and
towns was passed by the House ayes 9,
noes z.
A resolution was presented by Dawes
requiring the appointment of a commit
tee of two from tho Senate and three
from the House for the purpose of con
sidering the recommendations of the
various state officers as contained In
their biennial reports; the committee to
draft bills embracing such recommenda
lions as bad their approval.
Mlnard, chairman of the House com
mittee on education. Introduced a bill
broadening the scope of the compulsory
education law and providing for the ap
pointment of attendance or truant offi
cers.
A bill Introduced In both houses appro
priates 57000 for the establishment of a
state fish hatchery on the Humtullps
River.
A new schedule of salaries for officers
In counties of all classes is fixed in a bill
introduced by Johnson of Chelan.
A bill by Vogtlln of Mason was Intro
duced In the House which confirms the
title of purchasers of tide lands who
bought from the state under the oyster
land act of 1S9S.
J. J. Smith Introduced In the Senate a
bill prohibiting the adulteration of meal
sold for stock feeding purposes and pre
scribing $25 to 9106 fine as penalty, or
one to six months Imprisonment.
Senator Potts presented a. bill appro
priating 95080 to enable the Park Com
mission to carry out tho provisions of the
act providing for the saving of the "Whit
man Mission.
An excise tax on beer is provided for
in a bill introduced by Senator Ruth, of
Thurston County. The tax Is fixed at
10 cents per gallon on liquors distilled, re
fined or rectified; and 25 cents per barrel
of 31 gallons on beer brewed In this state.
SCHEDULES ARE INCREASED.
Appropriations Committee Is Facing
Heavy Demands.
OLYMPIA, Wash., Jan. 30. (Special.)--Schedules
of the appropriations desired
for the ensuing biennial period were
submitted to the House appropriations
committee at a meeting tonight.
Not all th6 state officers and boards
have yet reported, but the schedules In
nearly every Instance show requests for
appropriations greatly In excess over
those of two years ago. The total, with
a number yet to hear from, Is -now
tf.450.000. Of this amount about $1,050,000
Is asked for by the State Board of Con
trol for additions to and maintenance of
the state institutions under their direc
tion. Few Increases in salaries are asked,
but the School Superintendent, the. Com
missioner of Labor and Attorney-General
ask for additional assistants and depu
ties. The State Treasurer wants $5000
for enforcing collection of the state's
per cent of liquor licenses; and the State
Board of Health wants a similar appro
priation for a bacteriological station. In
cidental expenses pile up In every de
partment. The Governor's .requests alone are less
than the amounts' allowed two years ago.
I his estimates havlmr been reduced in the
Janyrtprfatloas allowed for health emer
Tgency matters, suppression of riots, and
rewards, the appropriations of two years
ago having hardly been touched.
The committee will have the schedules
tabulated for future action.
NEW LABOR COMMISSIONER.
C. F. Hubbard, an Engineer, of Ta
coma, Slated for Place.
OLYMPIA. Wash., Jan. 30. (Special.)
It Is authoritatively announced that
Charles F. Hubbard, of Tacoma, will be
appointed by Governor Mead to succeed
William Blackman as State Labor Com
missioner upon the expiration of the term
of the latter. April 1. Mr. Hubbard is
from Tacoma and Is a locomotive engi
neer on the Northern Pacific Railway.
S. A. Callvert, ex-Commissioner of
Public Lands, will tomorrow be Installed
as acting superintendent of the Soldiers'
Homo at Orting. Mr. Callvert will hold
only until a permanent superintendent
has been selected.
Road Bills Will Lie Over.
OLYMPIA. Wash.. Jan. 30. (Special.)
The House committee on roads and
bridges tonight, in accorda-nce with the
understood agreement ct'the time of the
passage over the Governor's veto of the
omnibus road bllL. decided to recommend
for indefinite postponement the four big
roaa oius intrpaucea at tnis session.
The bills acted upon appropriate from
the general. fund for the construction of
a state road In Jefferson, Chehalls and
Clallam Counties; the Cowlitz Pass road.
the Nachez Pass rood and the Napavine-
Cowlltz pass road.
The committee will report out for
passage the McCov.blll providing for the
levying by the State Board of Equaliza
tion of a tax levy of mill for the bene
fit of a permanent highway fund. It is
understood that a companion bill, pro
viding for the appointment of a perma
nent Highway Commissioner will be In
troduced.
The committee also took favorable
action on the bill regulating the width
or wagon tires.
WATER FOR DOUBLE PURPOSE.
Mining and Irrigation Will Receive
Benefit in Baker County.
BAKER CITY. Or., Jan. 30. (Special.)
A message from the Emma mine, east of
this city, today, says that the drillers bor
ing for water have struck a heavy flow of
good water at a depth of 350 feet. The
water rose o feet In the welL This strik
ing of a flow of fresh water In this vicln
ity solves a very scious mining and agri
cultural prooicm.
Experts have long insisted that artesian
water could be obtained by boring. An
ample supply of water, which It Is now
said can be obtained, will enable the work
ing of several rich mines and the cultiva
tlon of a large acreage of very rich land
in tnis part or the county.
REDEMPTION OF CORNUCOPIA.
Standard Oil People Promise Money
Wednesday.
BAKER CITY, Or., Jan. 30. (Special.)
The local attorney for H. H. Rogers and
the Standard Oil interests has notified
Sheriff Brown and the attorney for the
Judgment creditors that he would redeem
the Cornucopia mines property, recently
sold under attachment, next ""Wednesday
morning.
The mining property was attached under
an execution issued out of the Circuit
Court of this county. The Eastern capi
talists sought to prevent the sale by In
junction procured in one of the New York
Federal Courts. Later the case was trans
ferred to the United States District Court
at Portland and Judge Bellinger dis
solved the Injunction and the Sheriff pro
ceeded to sell tho property. The time for
redemption was about to expire. It will
require in the neighborhood of $50,000 to re
deem the property. Thla amount will be
paid to the Sheriff in hard cash Wednes
day. SHOT DOWN BY A BOY.
Montana Lumberman Was Scuffling
With Mother After Drinking Bout.
BUTTE, Mont., Jan. 30. Michael Grau,
a prominent lumberman of Heron, Mont,,
was shot and probably fatally wounded
by the 10-year-old son of Mrs. Calverson,
a woman of Heron, late Saturday night.
The ball struck Grau In the groin. He is
in a serious condition following an opera
tion by local physicians, who found It
necessary to sew up several punctures in
the man's stomach.
J. J. Thompson, who accompanied Grau.
Is authority for the shooting story. He
says Grau and the woman had been drink
ing and were engaged" in some sort of a
scuffle, whether In anger or not It is not
known, and the boy seized a small-caliber
rifle and fired point-blank at Grau.
The affair happened at Mrs. Calverson's
house, and Grau Is said to have returned
to Thompson's house after the shooting.
Albany Has No Orator.
ALBANY. Or.. Jan. 30. (Special.) Al
bany College will have no orator In the
Intercollegiate contest this year. The lo
cal contest should have been held last
Friday evening, but there were no con
testants. Albany College will maintain
her membership In the state association,
however, and will send a delegation to
the annual business meeting, though un
represented by an orator.
Cbamberlam's Cough Remedy Acts oa Na
ture's Plan.
The most successful medicines are those
that aid Nature. Chamberlain's Cough
Remedy acts on this plan. Take It when
you have a cold and It will allay the
cough, relieve the lungs, aid expectoration,
open the secretions and aid Nature in re
storing the system to a healthy condition.
It Is famous for Its cures over a large
part of the civilized world. Thousands
have testified to Its superior excellence.
It counteracts any tendency of a cold to
result In pneumonia. For sale by all
druggists.
LAST DAY
SPECIAL CARPET SALE
This is positively the last day of our January Carpet Sale. Tomor
row morning prices go back to the regular standard. Eemember, you
can save TEN PEE CENT on any floor covering in our stock by pur-,
chasing today. Another thing worth, remembering is the fact that we
include all our new patterns in this sale. Fabrics sold today will be
laid any time convenient to you. But buy today. It's worth while.
CORRECTION
Owing to a typographical error in our ad. yesterday, SAXONY AX
MINSTER CARPETS were given a special price of $1.14 per yard.
The correct price for special sale is $1.44 per yard.
LIMIT TO ITS DEBT
Roseburg Loses Suit Before
Oregon Supreme Court.
CITY CHARTER IS UPHELD
Contract Attempted to Be Made by
Council for Light Is Ordered
Canceled "Valid Warrants"
Are Not Recognized.
SALEM, Or., Jan. 30. (Special.) A de
cision of Interest to "many Oregon towns
was handed down by the Supreme Court
today when the City of Roseburg and
the Roseburg "Water & Light Company
were defeated In the suit brought against
them by B. Brockway. The Supreme
Court upholds the provision of the Rose
burg charter limiting the indebtedness of
the city to $3)00. and orders the cancella
tion of a contract which the City Council
tried to make for the furnishing of light
for a term of ten years. The contract
provided for the payment of $125 a month.
In "valid warranti-." The cltj already
has a debt of $14,000, and this Wit was
brought to cancel the contract.
Judge H. K. Hanna tried the case and
found for the plaintiff, whereupon the de
fendants appealed. The Supreme Court
affirms the decision and says that the
contract is clearly void, because it pro
vides for the payment of an aggregate of
$15,000. The fact that the debt is to be
paid in "valid warrants," instead of
money, is held not to be material, for the
debt rests upon the city the same as
though this provision were not made.
The opinion was written by Justice
Bean.
Thayer vs. Buchanan.
Claud Thayer, respondent, vs. Manius
Buchanan. appellant, from Clatsop
County, T. A. McBrldc, Judge, affirmed
opinion of Chief Justice Wolverton.
This was a suit to foreclose a mortgage
of $319.50, and the defense was that a por
tion of the consideration was secured
through fraud and that defendant had
paid $163 In excess of what was lawfully
due. The lower court found for plaintiff.
On appeal, the Supreme Court finds
from the evidence that' the mortgage was
given in settlement of a difference of
opinion as to the amount due, and al
though It looks very much as though
some usurious Items may have been in
cluded in the settlement, the court Is pow
erless to help the defendant, for the rea
son that he has set up no such defense
and that he made the compromise and
settlement with full knowledge of the
facts.
Sweetland vs. Grant's Pass Light Co.
W J. Sweetland, appellant, vp. Grants
Pass, New "Water, Light & Power Com
pany, respondent, from Josephine County,
H. K. Hanna, Judge, affirmed; opinion of
Chief Justice Wolverton.
This was a suit to compel the removal
of a dam constructed across Rogue River,
st Grant's Pass, for the purpose of se
curing power. One end of the dam rested
upon property owned by plaintiff and
raised the water to such a height as to
injure his premises.
The court holds, however, that he has
no cause for complaint, for the reason
that the company is entitled to maintain
Its dam because of casements granted by
plaintiff's predecessors in interest or be
cause of plaintiff's silence while the com
pany was expending Its money In costly
Improvements.
Hildebrand vs. United Artisans.
Robert .Hildebrand, respondent, vs.
United Artisans, appellant, from Douglas
County, J. W. Hamilton, reversed; opin
ion per curiam.
Plaintiff's father died, leaiing a policy
of Insurance In the order of Artisans, with
plaintiff as the beneficiary. The society
having refused fo pay, this suit was
brought In Douglas County, and the sum
mons was served on the secretary of the
local lodge.
The defendant appeared specially and
moved to quash the summons on the
ground that It had not been served on the
proper officer and that the action had not
been brought in the proper county. The
lower court overruled the motion. On
appeal the Supreme Court reversed this
ruling, holding that from the showing
made It appears that the secretary was
a proper person to be served, but since
there Is no showing that the insured died
In Douglas County, it does not 'appear
that the suit could properly be brought In
that county.
Young vs. Stickney.
W. H. Young, respondent, vs. H. C.
Stickney, appellant, from Clackamas
County, T. A. McBride, Judge, reversed
and remanded; opinion by Justice Moore.
Gardner vs. Wiley.
Gardner Brothers, plaintiffs, vs. Charles,
J0eal0a0gt joyN terms
S. Wiley, respondent, and Mihalovitch
Fletcher Company, appellant, from Mult
nomah County, A. F. Sears. Judge, af
firmed; opinion by Justice Bean.
OLYMPIAN GAMBLERS ARRESTED
Proprietors 'of Leading Saloon Are
Charged Under Felony Act.
OLYMPIA. Wash., Jan. SO. (Special.)
Warrants were issued today for the arrest
of William McGowan. Edward Rogers and
George Taylor, proprietors of two leading
saloons In Olympla, charging them with
conducting gambling games. The war
rants are drawn under the law of 1903 de
claring the conducting of gambling games
a felony. The prosecuting witness is John
Crowley, a well-known citizen. December
4, lSOi,. is specified as the date when the
games were conducted.
McGowan and Taylor were placed under
arrest tonight and released on their own
recognizance until tomorrow. The warrant
will be served on Rogers tomorrow. It Is
a peculiarity of the case that the name
of the Prosecuting Attorney, Horatio Ai
ling, does not appear In the matter, the
proceedings having been conducted by J.
W. Robinson. Crowley's attorney, and that
the warranti, were served by ex-Sheriff
E. A. McClorty (Rep.), who was sworn in
today as a deputy. Sheriff Connolly Is
said to be at home sick. Both Ailing and
Connolly are Democrats.
The saloon element played a prominent
part' in the defeat of the Republican
ticket in Thurston County last FalL So
far as Crowley Is concerned, there Is said
to be no political animus, the action hav
ing been inspired, it is said, by the loss
at roulette of money by a relative.
It is reported that the prosecution ex
pects to cite layor P. H. Carlyon and
Prosecuting Attorney Ailing as witnesses.
DEAD FOR NEARLY A MONTH.
Body of Frank Willis Found With a
Bottle of Strychnine.
MILTON STATION, Or.. Jan. 30. (Spe
cial.) Dr. F. A. Fulton and two compan
ions, while out hunting yesterday morn
ing, discovered the 'body of a man in an
outhouse of the I. O. O. F. Cemetery.
Coroner Henderson, of Pendelton, was no
tified, and an Inquest was held over the
body today. He was discovered .to be
Frank Willis, of Gibbon. On, a book agent
25 years of age. A 60-grain bottle of
strychnine was found on his person, out
of which 14 grains had been used. It is
thought he met his death on December 29.
Willis parents used to reside in this vi
cinity. He has two brothers, physicians
one Dr. Clark Willis, a very prominent
doctor of Seattle, the other of Walla
Walla. A letter was left his wife stating
the reason of suicide was debt.
ESKIMOS AND INDIANS AT OUTS
Medicine Men Are Trying to Start
Bloodshed on the Yukon.
SEATTLE. Jan. SO. A special to the
Post-Intelligencer from Dawson, Y. T.,
3ays that advices just received in that
city from Nome stdti that serious trouble
is imminent between the Eskimos and
the Indians near Russian Mission on the
Yukon River. According to the dispatch,
the trouble dates back to an old feud and
Is being encouraged by the medicine men
of the warring tribes.
Bloodshed is feared, unless the Govern
ment takes immediate steps to bring
about a settlement of the present dispute.
To Shut Out the Grand Pacific.
VICTORIA, B. C. Jan. SO. Negotiations
are now almost complete for the purchase
of the Esqulmault & Nanlmo Railway
system, owned by Dunsmulr & Co.. by the
Canadian Pacific Railway. The object of
the deal is said to be to forestall the
Grand Trunk Pacific Iq securing Esqul
mault Harbor, recently abandoned by the
Admiralty, as a terminus from which
Oriental freight will be dispatched.
Chinese Tnlef Caught in Act.
SALEM, Or.. -Jan. 30. (Special.) Lee
Wahley, a Chinaman and ex-convict, was
this morning caught In the act of robbing
Eckerlln's saloon, on Commercial street.
It happened about 6 o'clock, and soon af
ter the bartender had opened up. The
Chinaman had carried two cases of
whisky out into the alley before he waa
discovered. When caught he showed fight,
but calmed down when faced with a re
volver. Prizes for. Good Roads.
SALEM. Or.. Jan. 30. (Special.) If
.County Judge Scott succeeds in carrying
out his present plans, $2S00 will be given
out in prizes for the construction of per
manent roads leading into this city. The
Judge is confident that his plan, if adopt
ed by the city and county, will result In
the expenditure of $10,000 on roads in this
vicinity this year.
Schooner David Evans Ashore.
PORT TOWNSEND. Wash.. Jan. 20.
The schooner David Evans. 74S tons, Cap
tain White, lumber-laden from Everett
for San Francisco, went ashore near Point
No Point yesterday. The small tugs
Enola. of this port, and Elk. of Tacoma.
happened, al,qng and took a pull at the
J T WS&s fcgtjgu-djot "budge
r.
.A
her. The Enola preceded to Port Gam
ble, from where a telephone message was
sent to this city for assistance. The large
tug Pioneer went to the rescue this morn
ing, and it is thought will have no trouble
getting the schooner off. The beqich
where she Is ashore is soft, and the
schooner Is probably unharmed.
War Among Coast SteamersT
SAN FRANCISCO, Jan. 30. (Special.)
A rate war Is on between the steamers
Alliance, F. A. Kilburn and Roanoke, be
tween the ports of Eureka, Coos Bay and
Portland. The service between these
ports was formerly on normal basis, but
for some reason not explained the vessels
named have begun a rate war that will
no doubt prove interesting to all con
cerned. It is reported, too, that tho steamer
Humboldt, faster than any of the others,
may also take a hand in the Eureka and
Portland business. She is finely equipped
for service, and enjoys a reputation that
would naturally attract a large amount at
traffic
Assault on Mount Hood.
BERKELEY. CaL, Jan. 30. (SpeclaL)
The Sierra Club, which contains In mem
bership, many university people, has made
arrangements to have, next Summer. an
outing In the nature of an assajifrv.
three huge, snow-covered mountains
tne JNortn lounc itainier. Mount iot
and Mount Shasta.
After doing the high Sierra for manv
successive Summers, the Sierra Club wilf
this year make a change In the pro-
gramme, but the popularity of the excuc
slon, it is believed, will be increased,
rather than diminished by this variety.
Opposed to Constitutional Convention
OREGON CITY, Or., Jan. 30. (Special.)
There is a strong sentiment among Ore
gon City business men against the pro
posed constitutional convention. In two
hours this afternoon Attorneys W. S.
U'Ren and F. G. Eby secured the sig
tures of 52 of the business and profeS
slonal men of the city to a petition ad
dressed to the Clackamas County legis
lative delegation and the Legislative As
sc&uuij, ucjaiiub ohauijb hue p.upuocu
convention.
Stubbs' Visit a Surprise.
SAN FRANCISu-, Jan. 30. J. C.
Stubbs, traffic, manager of the Southern
Pacific, arrived in this city today. His
visit had not previously been announced,
and was a surprise to most of the local
railroad officials.' It is expected that he
will remain on the Coast for several days,
inspecting the condition of the company's
affairs.
Woodburn Gets a Foundry.
WOODBURN, Or., Jan. 30. (Special.)
The citizens of Woodburn have, raised
$1200 and given one "acre of land for the
establishment" of a foundry and a manu-'
factory for building radiators. John Mc
Kinney, a manufacturer of Bremen, Ind.,
will Install the plant within 90 days.
A WIFE'S CONFESSION.
Of course every one knew when they
were engaged aau every one pretended to
oe surprised. when
they heard it waa
suddenly broken
ofL Itwas first said
she had broken it
off, then that hi
heart had changed,
bat finally she con
fessed that she had
been so irritable, so
depressed and bine
that she had fairly
driven him away.
Her good looks wera
"vanishing. She waa
getting: thin, pale,
and hollow-cheeked,
with dark circles
around her eyes.
Suddenly all society
was pleased again to
hear of the engage
ment being renew
ed, and it was not
long before a beau
tiful and radiant
bride was taken to
the altar. She had
regained her good looks, her former happy
disposition and strong nerve all through a
secret a friend gave her. A few bottles of
Dr. Pierce's Favorite Prescription is what
nade two more lives happy and a radiant
bride more beautiful than she had ever
appeared before.
Backed np by over a third of a centmy
of remarkable and uniform cores, a record
such as no other remedy for the diseases
and weaknesses peculiar to women ever
attained, the proprietors and makers of
Dr. Pierce's Favorite Prescription now feel
fully warranted in offering to pay $500 in
legal money of the United States, for any
case cf Leucorrhea, Female Weakness,
Prolapses or Falling of Womb which they
cannot cure. All they ask is a fair asa
reasonable trial of their means of cure.
Mrs. O. O. Scripture, of Prtscott, Ariz., T Box
536, write : "For nearly two year I -was a. grsat
sufferer with ulceration and enlargement of
wotab. also ured severely with dyspepsia and
was ran dowz perfect wreck. I doctored foe
Ecrrcr&l years: got so better, until about scrca
-south ago I tma tiiin Dr Pisrce Favorite'
Prescription and 'Pleasant Pellet.' Zcaastaad -on
my feet and -srork: hardall day. X feel that life
Is sow worth living-, and shall ever feel gnteiul
to yem and aall always recoiEnicijd Vour xaedi
H.to sll who rf -sS-ria Ijl w.
WsWB
a-anm