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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 7, 1905)
THE MORXiXG OREGONIAN, TUESDAY, FEBRUARY 7, 1905. MILES ALLGON Olympians Tremble at Capital Removal. RUTH MAKES YAIN PLEA Tells Senators That Such Ac tion Means Ruin to Many. VOICE HUSKY WITH EMOTION On Motion to Recon3ider, the Vote to Locate Washington State Govern ment Seat in Some Other City Is Even More Emphatic. OL.TMPIA. Wash.. Feb. 6. (Special.) The subject ol capital removal has got well past the stage where its mention is received by the Olympians with an In credulous smile. It has become a ques tion of very grave imoort to the property owners of this city, and the case with which the Senate today disposed or a motion to reconsider the vote by which the bill passed the Senate last week was, if Dosslblc, a more severe jar to thelr hopos than the passage of. the bill last week. The Senate galleries were filled to ofv flowlng this afternoon with a nervous crowd, in which the fair sex of Olympia predominated. But nervousness of the Olympians In the gallery was not a cir cumstance to that which made Senator Ruth, who was fighting for his town, tremble like a leaf while ho was pleading for a reconsideration of the vote by which the bill passed last week. The Senate assembled at 2:30 and the preliminaries were hustled through with a rush, so that it was less than five min utes after the meeting hour when Sen ator Ruth arose and offered a motion to reconsider the vote by which the capital removal bill passed the Senate last Thursday. The motion was seconded by Senator Potts of King County, and then Senator "William Hickman Moore of King County arose and announced that he had experienced a change of heart since voting in favor of the bill last week. Moore's Change of Views. The reasons which Senator Moore gave for hlB changed views wero that tho ex pense already Incurred in the costly foun dation on Capitol Hill, together with the cost of the building now being used for a Capitol, had piled up a debt of nearly $700,000 against the state's granted capital lands, which It had been deemed Inad visable to sell when the present building was tn courso of construction or when the Capitol Hill foundation was com menced. Mr. Moore further stated that the present valup of the lands was not much In excess of 51,000,000, and that be fore any work could be undertaken on a new Capitol building it would be neces sary to take from the general fund an Amount equal to the value of the granted lands or at least a sufficient amount to pay oft the ?700.000 Indebtedness against these lands. Question of Constitutionality. Senator Moore also raised the point that there was a grave question as to the constitutionality of the procedure mapped out in the bill, his contention being that the mention of any particular location in the bill was not in accordance with the statutes, which provide that the people when voting on a capital removal meas ure shall have the right to name any place they choose as a location for the new capital. Heclosed by stating that he would not touch on the sentimental points in connection with the subject or those involving the rights of a people who had been led to build homes and in vest money here In the belief that the capital was never to be removed. Mr. Moore was followed by Senator Ruth of Olympia, whose opposition to the dominant faction in the Legislature is one of the contributing causes which have brought the bill to the surface at this time. Ruth was visibly affected and while speaking his hand trembled so vio lently that he was unable to lift a glass of water to his Hps. He held the floor for about 20' minutes and made a strong plea for a motion to reconsider. Ruth Speaks in Hostile Ears. Senator Ruth apparently, had the feel ing of the Senate on the matter accurate ly gauged, for he opened his remarks with the statement that he did not feel that anything he would say would havo any effect on the matter. He said that if the bill passed and was ratified by the people it would saddle on the state an Indebtedness of $3,000,000. He' warned the dominant faction In the Senate that they would hear from their extravagance at tho polls two years hence. Ruth's unfortunate political position was uppermost, in his mind and he stated that two'years ago he had no difficulty in securing what, he wanted from the Legis- lature but now mattprs were changed. He stated that he had been re-elected by but 250 majority In a county that was Re publican' by more than 900 majority, but asked the people, not to worry about his , political future. The speaker grew calmer after this slight -digression from the main question and in a dramatic manner stated that the submission of this removal question to the people spelled ruin for a large number of the citizens of Olympia. He 'contended that the arguments that cap ital rmo'al would not seriously hurt Olympia were all specious and that the men behind the scheme were trying to strangle the life out of Olympia and "make us think wo ought to like It." Calls It Infamy. "We are told,-" said he, "that sentiment 'has no place in the question and that It was simply a business proposition. If this be true, it is tho most cold-blooded piece of business ever attempted in this state." Jn an eloquent strain the speaker called n the shades -of the lamented Governor Stevens to witness the proposed Infamy and then indulged in a review of the favors which the state had showered on .Uhcr counties. Ho likened the . state to t fathor disbursing presents to his sons, the different counties, and his deduction was that Thurston " County, the oldest son, should be left in possession of the old homestead. Senator Ruth, on the .xorc of conven ience of access, could see no more reason why the capital of the state should be removed from Olympia to Tacoma than that tho National capital should be re moved from "Washington to Chicago be cause the latter city had better railroad facilities. He said that the plea that Ta coma was a more convenient location was a mere subterfuge and on the same line of reasoning every Washington town on the Columbia River should ask to be an nexed to the State of Oregon. The Senator .closed with a statement that he was not -pleading for himseir, but for the people of Olympia, whoso entire worldly possessions were at stake in the matter. Ho said that many of these people were well past middle age and were ill -prepared to stand the injustice of such a blow. Answer Is Crushing. Xo answer was made to Mr. Ruth's re marks and the ayca and noes were called for. The chair announced that the motion to reconsider was lost, and the Olympia contingent immediately demanded a roll call. This resulted even more disastrous ly than the original vote last week, for. with seven absentees, most of whom wero favorable' to removal, the vote stood to reconsider as follows: Noes Baker. Boone. Bruit, B ronton. Christian. Clapp, Davlr. Hammer. Hemrich. Hutpon. .lK"rone. Pauly, Kami. Iiusstll. J. J. Smith. S. T. Smith, Sencel, Stewart. Sumner, Tucker. Vaiidcvanter, Welrh, Ulluon 23. Ayos Brown. Earlof, MooHc, O'Donnolt, Palmor. Potts, Pogue. Rasher. Reed. Ruth. Vannes. Watson 12. Absent Condon, Graves. Henry. Hunter, Kennedy, KInncar. Sharp 7. Bratt and Wilson, who voted against the bill last week, voted against recon sideration today. Brown and Reed, who voted for the bill last wek, today voted for reconsideration. Moore, who side stepped last week, today spoke and voted for reconsideration. Those who arc try ing to defeat the bill In the House are making a very energetic campaign to night and the vote in the House will be much closer than In the Senate. King will Support the Bill. The King County members held a cau cus this evening and decided to support the bill for capital removal. Some of the more enthusiastic advocates of removal have checked up the House and allege they havo a clean majority of nearly 30 votes. It Is believed, however, that the very persuasive lobbying now being done by the Olympians will cut this down quite materially. The Railroad Commission bill has been temporarily lost sight of In the capital flgTit, but the committee Is still working on the measure, but announce that It may be two or three days yot before the re port will be ready. It is practically a certainty that the committee bill will be substantially tho same as outlined in last week's correspondence. Xo rate-making power will be given the commission ex cept when complaint is made and proof of discrimination supplied. E. W. W. RAIN IN SOUTHERN CALIFORNIA Traffic on Railroads Is Much Delayed by Washouts. LrOS ANGELES. CaL, Feb. G. Rain fell again last night throughout Southern Cal ifornia and Arizona. In Los Angeles 0.69 of an inch fell, but in the mountains to the eastward the fall was much heavier. At Loma Linda the Southern Pacific tracks were carried out again, and traffic tied up for several hours, after the dam age of the previous floods had been re paired and trains enabled to move, fol lowing a two days' suspension of sched ules. The company expects to have the tracks open, however, before night. Many of the overland trains from the East on the Southern Pacific Railroad are expected here tonight. Floods occurred again last night in Arizona, but as telegraphic communica tion is Interrupted the extent of the dam age Is not known. The Santa Fe reports that it suffered further washouts In King man Canyon, near Kingman, Ariz., last night, and at other points along the lino, but that repairs were made by 1 o'clock today. Eastbound Santa Fe trains are being held at the Needles and westbound at Kingman. Some of the temporary track put in on the Santa Fe since the floods last Friday and Saturday was car ried out. Both the Santa Fe and Southern Pacific have large gangs of workmen at several points putting the tracks in shape and constructing temporary roadbeds. The rainfall of the present season in Los Angeles Is 10.S9 inches, against 16.3 Inches ud to February 6, 1901. The weather Is clear today and the indications are that the storm has passed. The Santa Fe westbound overland trains now at Kingman. Ariz., will not reach this city before noon tomorrow and possibly later. The eastbound trains are now leaving Los Angeles on time. Trains arriving on the Southern Pacific are from seven to ten hours late. The Southern Pacific eastbound trains are leaving here on regular schedule time. The entire San Gabriel range of moun tains is covered with snow. At Mount Wilson the snow Is reported to be a foot deep on the level, and In the drifts It is more than 12 feet deep. The snow storm was the most severe in years. All work on the Yerkes Observatory was stopped. Four inches of snow are reported from the Echo Mountain Observatory. SHOT HIMSELF IN THE HEART O. R. & N. Employe at Bingham Springs Commits Suicide. LA GRANDE, Or., Feb. 6. (Special.) Frank Knosick. of Bingham Springs, 25 miles west of this city, committed suicide today by shooting himself with a 45-callber revolver through the heart. He was employed by the O. R. & N. as pumper at tho Springs for a year and u half past. No reason is known for the suicide. Knosick is reported to have relatives living in Pendelton. He was about 45"ycars of age. Bank Wins In Tax Case. SAN FRANCISCO. Feb. 6. The United States Circuit Court of Appeals' today re versed an order of the Circuit Court per mitting the Tax Collector of San Fran cisco to collect taxes on $557,313 worth of j fufdij ujai wae tussessea io uie xonaon iiauuiotu Ill Jpril, XMK, the Assessor, demanded from the bank a statement of its property. It was given, and the tax on the amount specified was tendered, but the Tax Collector refused it, alleging that, in addition, there was taxes due on 512.000 worth of other cred its, also $116,774 due the bank by the Port land and 512S.537 due by the Tacoma branch. The bank alleged that these amounts were not assessable in the City and Coun ty of San Francisco. The Circuit Court sustained the contention of the Tax Col leptor. but the Appellate Court holds the bank's claim was Just. Minnesota Men Buy Timber Land. ASTORIA. Or.. Feb. 6. (Special.) A deal has been closed whereby a tract of 6000 acres of timber land on the Xehalem River about 12. miles north or W estnnrt is tnlrf tn --..n -i f cato comnrised of Dulnth Minn mmi i i3i.-. jliiu ueeus itiea are tn the name or a local real estate company, so the names of the actual purchasers cannot be learned, but thnv nr :ilri to bemen who already have extensive holdings in this county and other points along tho coast. The price Is understood to be about $80,000. CHECK ON TAX-ROLL Washington House Passes BUI for a Commission. POWERS ARE TO BE ADVISORY Omissions and Undervaluations to Be Discovered Necessary Changes in Laws Are to Be Reported to the Governor. OLYMPIA. Wash.. Feb. 6. (Special.) The tax commission bill Introduced In tho House by Representative Reid, of Pierce County, went through that body this af ternoon without debate and with only one vote recorded against it. The opposing vote was that of Fancher, of Spokane. The bill creates a Tax Commission hav ing supervisory powers over county boards of equalization, and requires that they meet with the State Board of Equal ization. It confers no powers to fix as sessment valuations but requires the Com missioners to Investigate omissions or un dervaluations of property and certify its findings to the County Boards of Equal ization. It is empowered to tako testi mony and summon witnesses, and Is re quired to submit a report to the Governor recommending what changes aro desired, If any, in the revenue and taxation laws. Tho House also passed without serious opposition the Reid bill, which levies a 3 per cent excise tax on the premiums of bonding companies. Seven opposing votes were cast and 17 were absent. Dickson, of Kittitas County, gave notice that he would move a reconsideration tomorrow. The voters' Identification bill was also passed by the House without debate or opposition, the bill receiving ayes, or the full vote of those present. The act provides for duplicate poll books and the leaving of blank spaces thereon lor vot ers to sign opposite their names on the registration book. Representative Twltcn ell, author of the bill, explained that it was designed to prevent one person vot ing under another man's registration. House Passes County Exhibit Bill.' There was opposition shown to the Blakcr bill empowering boards of County Commissioners to make exhibits of the products of their respective counties at the Lewis and Clark Exposition Centen nial. Representative Roth spoke against the bill on the ground that the state had given an ample appropriation for an ex hibit. Maloney compared the Washing ton state appropriation with California's, and said that in wealth and population California was four times greater than "Washington. He thought there was no necessity for further burdening the state. Crane of Spokane and Falconer of Sno homish both said their counties desired authority to at least consider the matter of preparing county exhibits, and Blaker explained that the bill did not require the expenditure of any state funds. The bill passed, ayes, 66; noes, S; absent, 20. Municipal Bills by Lindsley. After a motion indefinitely to postpone, presented by Maloney, had been lost, the House passed Llndsley's bill relieving cities and towns of liability for damages to persons or property upon streets or other public places which have not been improved or opened. Llndsley's bill, which provides for the payment of assessments for local im provements against lots or tracts against which general tax certificates are sought to be foreclosed was passed, also Llnds ley's bill providing for the assessment for local improvements of county property within the limits of Incorporated cities or towns. Creation of County of Coulee. The first county division bill of the ses sion appeared In the House today. It Is by Hughes of Douglas and provides for the creation of the County of Coulee from the east half of Douglas County. The dividing line Is proposed to run north and south through about the middle of the county. The bank bill agreed upon by a commit tee from the State Bankers' Association was presented in both House and Senate. TJie bill Is liberal In its terms. It fixes a schedule of paid-up capital that state banks must have according to population of the localities where they are located, provides for a Bank Commissioner and for examination and reports as to, the condition of the state banks. -Statue of Governor Stevens. Vilas presented a bill appropriating $22,000 for a marble and bronze statue of Governor Isaac I. Stevens, to be placed In Statuary Hall in the National Capitol. N. E. Llaaley, by request. Introduced a bill prohibiting boycotting, "picketing" and other means of Intimidation employed In strikes. The Senate received a resolution from the open-river committee of the Portland Commercial Club thanking the Legisla ture for its stand In favor of the continu ous appropriation for the Celllo Canal. A memorial was received from the "Washington Good Roads Association pro testing against any change In the present road laws. TEXT-BOOK BILL IS TABLED. Educators Tell Committee That Long Trial Proved It Unsatisfactory. OLYMPIA. Wash.. Feb. 6. (Special.) The bill providing for a return to state uniformity of text-books In the schools was tabled tonight by the Joint commit tees of education. The bill had not been Introduced in either house, but had been presented to the committee, with the re quest that It be introduced as a commit tee bill, and earlier It appeared that tho request would be granted. L. L. Benbow, County Superintendent of Pierce County Schools; F. B. Cooper, City Superintendent in Seattle; G. W. Hartranft. County Superintendent of King County, and J. M. Lahue, City Su perintendent of Puyallup. appeared before the committee In opposition to the bill. The argument against it was that a ten year test of state uniformity had resulted in the use of Inferior text-books. Two members opposed tabling the bill. Rep resentatives Mlnard of Chehalls and Sen ator Ruth of Thurston County. A delegation of steamship men arrived tonight to protest against the compulsory pilotage bill The Senate committee will give the steamship representatives a hearing tomorrow at 1 o'clock. There are here: Charles E. Peabody. president of the Alaska Steamboat Company; G. F. Thorndyke, manager of the Globe Navi gation Company; J. B. Trowbridge, gen eral manager of John Rosene's Company; G. F. Lacy and C. E. Houston, of the Pacific Coast Company; Receiver J. A. Kerr, of the Pacific Packing & Naviga tion Company, and G. W. Bogle and D. W. Burchart, of the Empire Transporta tion Company. The Senate Judiciary committee decided tonight to report favorably the juvenile court bill, the bill changing the age limit for admission of females to the Reform School to 18 years and the estray bill, all of which have passed the House. The committee also acted favorably on the bill, creating a judicial district out of Stevens and Ferry Counties. Rands, Moore and Welch were ap pointed on a committee to confer with a House committee relative to the probate code introduced In the House. The King County dologatlon in the House struck a snag today in Its first at tempt to caucus on a legislative matter since the organization under the unit rule effected some days ago. The delegation endeavored to get together on the capital removal bill, but it was found impossible to persuade all the members to attend the caucus. Ten of the delegation met, how ever, and voted to support the bill. Under the unit rule this would carry the other seven votes In the delegation for tho measure, but it is understood that most of those who were absent will not abldo by the action of the ten. One of these. Booth, is slated to lead the fight In tho House against the bill. Morrill and Irving were out of tho city and It Is not known how they stand. Erickson. Booth, Todd. Renlcl: and Lyons are here, but did not attend the caucus. The senti ment in tho House, however, is strongly In favor of the passage of the capital-removal bill. Opponents of the measure admit that their strength will not run above 30 If the bill comes up for passage tomorrow. BLACKMAIL PAID BY CHINESc Evidence Produced of Corruption of San Francisco Police. SAN FRANCISCO. Feb. 6. Substan tial evidence of police corruption was shown today by the grand Jury when the foreman of that body deposited $1350 In gold coin on the desk of Pre siding Judgo Lawlor, of the Superior Court. In a partial report of the work of the police committee of the grand jury, which was accepted and present ed to the "court by the main body, it stated that the sum mentioned had been turned over by Police Sergeant Ellis, who. It was alleged, had received It from Chan Chung, a Chinese now un der Indictment, as a bribe to guarantee Chinese gamblers against arrest. It was further stated that the sergeant in charge of the officers detailed to the Chinese quarter waa regularly paid from $250 to $300 a month for this purpose, while the members of his squad got from $30 to $40 a month each. Sergeant Ellis, it is said in the grand jury report, was instructed, when he relieved Sergeant Christenson. former ly in charge of tho Chinese quarter, to go at certain times to No. 2 St. Louis alley, take all the .money a Chinese there would give him and ask no questions. PATROL OF HECATE STRAITS. Canadian Vessel Will Drive Off Amer ican Fishermen. VICTORIA, B. Q. Feb. 6.- The Cana dian Fishery Corporation steamer Kestrel has received orders from Ot tawa to patrol Hecate Straits and pre vent American fishing vessels from en croaching on the fishing grounds of British Columbia. Dispatches from Ottawa in this con nection report that in the House today William Sloan, of Comox-Atlln, in quired If the government had any In formation as to whether American companion engaged in halibut fishing1 nre encroaching in water under the jurisdiction of the Canadian govern ment on the Pacific Coast, and if any steps were taken to secure control of Hecate Straits. The Minister of Ma rine and Fisheries answered that re ports of encroachments had reached the department and every effort had been made to protect Canadian fish eries on the Pacific Coast', especially since the commissioning of the Kestrel. The claim to territorial Jurisdiction In Hecate Straits has formed the sub ject of some diplomatic correspondence and at present is in an unsettled state. OREGON HARES ARE TOO SLOW California Hounds Outspeed Them, butAre Puzzled by Dodging Tactics. SAN FRANCISCO, Feb. 6.-(Special.) The Oregon hare Is too slow for the Cali fornia greyhound, according to experts who expressed their opinions today on the coursing yesterday when the rabbits from tho North were used for the first time. The. Oregon jacks do not possess the speed shown by the Merced hares of this state, though they are clever dodgers and will give a lot of -trouble to poor working dogs which try lb pick them up. They are short and squatty and are cov ered with a thick coating of dark gray fur. It Is thought that the season of year may have something to do with It, as dry-fed rabbits are fleetest. Hounds yes terday had no trouble in overtaking the rabbits. The hares referred to In this dispatch are evidently those of a lot captured at Echo. Or., and sent South for California coursing clubs. YOUNG WOMAN TAKES POISON No Cause Known for Suicide of Miss Vina Tipton, of Muddy Creek. BAKER CITY, Or., Feb. 6. (Special.) A telephone message from Muddy Creelc says that Miss Vina Tipton, aged 19, committed suicide yesterday morning by taking a large dose of carbolic acid. No cause for the deed is known. Miss Tipton was an orphan, residing on a farm with her grandparents, Mr. and Mrs. Sam Harrison. She was quite popular In the community where she resided. Without saying anything that Indi cated her intention to take her own life, the young woman went to her room yesterday morning, wriero she swallowed the contents of a small bot tle of carbolic acid. She was discov ered in an unconscious condition, sev eral hours afterwards. All efforts to rovlve her failed. She died about 12 hours after taking the fatal dose. SWAM ASHORE AND DIED. Wealthy Young Duck-Hunter First Looked Out for Companions. VANCOUVER, B. C Feb. 6.-John Mc Laren, a British Columbia member of tho well-known millionaire lumber family of. Ottawa, died of exposure last night as a result of a mishap while hunting. With two friends. McLaren started out duck shooting from Barnet, B. C, yesterday af ternoon in a canvas canoe. While making a change, McLaren lost his balance and fell In the water. In an endeavor to help him into tho canoe, the craft became filled with water and all three wero in tho Ice cold water. McLaren was the best swimmer, and helped his companions up on a floating log, while he undertook to swim ashore. He reached shore in an exhausted condi tion and died in a few hours. .His com panions were rescued. Hobos Rob a Box-Car. WALLA WALLA, Wash., Feb. 6. (Special.) Hobos broke into a box car at Wallula last night and stole a large quantity of cigars, tobacco and groceries consigned to ,Walla Walla merchants. The car was 'on a sidetrack and the loss was not discovered until the train was made up for this city. It is supposed that the theft was the work, of a gang of tramps which has Infested Wallula the past week. Champion Bowlers Defeat Astcrlans. SEATTLE. Wash.. Feb. 6.-(Spec!al.) The Seattle picked bowling team, which will go to Milwaukee, defeated, the Astoria team tonight by a totalof 2S41 to 2363 in three games. The visitors were outclassed, .although their score shows they are good amateurs, and they were handicapped by playing on strange alleys. Only one. Wooley. made a double century run. 200. After the games the visitors were enter tained at supper by the locals. xtie Denver & Itto Oranae scenery Is even more beautiful Is Winter than Sum mer. Travel East via that line and spend a day In Salt Lake City. After serious Illness Hood's Sarsaparilla Imparts the strength and vigor so much needed. HELD TO CONTRACT Hopgrower Tries to Make Sec ond Sale at Higher Figure. COURT DENIES THE RIGHT Decision of Lower Court, In Which the Transaction Was Declared Legal, Is Overruled by the Higher Tribunal. "Where there Is no manifestation of n intention to the contrary, a contract as between the parties ts an nctual pale If the irpe'clflc thins Is Identified, agreed upon, delivered and paid for. although It may be left In the actual custody of the seller under an agreement to deliver it in the future at some particular place. The rule of caveat emptor does not apply to cacs ivhere tho seller of prop erty makes representations In respect to matters of which the buyer has no knowledge, and no means at hand of obtaining knowledge. SALEM. Or., Feb. 6. (Special.) A hop grower who tried to escape fulfillment of his contract and to make a second salo of his hops at a higher price was defeated in a suit in the Supreme Court today. The suit was between the first and second purchasers for possession of tho hops, and the first purchaser won. The case was that of George A. La Vie. appellant, vs. Walter L. Tooze. respond ent, from Marlon County. The trial in the Circuit Court was before Judge George H. Burnett, and resulted In a ver dict for Tooze, who had possession. On appeal the case Is reversed and It Is found that La Vie was entitled to recover. J. R. Kaser, of Sllverton, contracted 8000, pounds of hops In January, 1902, to be de livered to La Vic at Sllverton, after they should be harvested In the Fall. The price was 104 cents a pound, part of which was paid by advances. October 25, Mr. Krebs, agent for La Vie, went to Kaser's place to "take In" the hops, weighed them, had Kaser put La Vle3 brand on them, and paid Kaser the bal ance due. by bank check. He also filled out a shipping hill for Kaser to have signed when he should haul tho hops to the depot at Sllverton. Kaser hauled the hops to (own, where he learned that a better price could be had. and he sold them to Tooze. return ing to Krebs the check received from him. The Supreme Court holds that under the facts stated It Is clear that it was the In tention of the parties that the title should pass, and that It did pass, at the time the hop bales were branded and the money paid. The buyer had waived his right to have the hops delivered at Sllverton before accepting them and paying the money. David vs. Moore. A. L. David, respondent, vs. William Moore and Nicholas Moore, appellants, from Douglas County, J. W. Hamilton. Judge; affirmed. Opinion by Justice Moore. Th!s was an action to recover damages for alleged false representations in lo cating plaintiff upon Government land. It was alleged that in February, 1503, de fendants agreed. In consideration of $125 and expenses, to locate plaintiff upon a desirable quarter section of vacant pub lic land, the title to which he could se cure from the United States by complying with tho homestead act; that defendants thereafter located plaintiff on a quarter section which they represented had no mining claims on it, but that in fact there were six valid mining claims of 20 acres each, on the quarter, and they had been worked for many years. The defense was that the plaintiff. In making his homestead entry, made affi davit that he knew the character of the land, and that it wa3 nonmlner3l, by rea son of which affidavit the plaintiff should be estopped to assart that he accepted the land upon defendants' representations. In the lower court a demurrer to the com plaint was overruled and the trial re sulted In a verdict for plaintiff for 5150. The Supreme Court holds that the plain tiff's nonmlneral affidavit does not bar his recovery, for It appears that he has no personal knowledge of mining or min eral' lands, and acted upon Information given by defendant?, which Information he believed to be true. It Is also held that, although plaintiff saw a mining ditch and tunnel, this did not estop plaintiff, for the representations of defendants that the ditch and tunnel had been abandoned caused the plaintiff to make no inquiries regarding them. The Judgment is af firmed. Henry Sengstackcn, appellant, vs. J. T. McCormac. respondent, from Coos County, J. W. Hamilton. Judge; affirmed. Opinion by Justice Bean. This was a milt to enjoin the mainte nance of a log boom In Coqullle River, be low Coquille City, the plaintiff alleging that he is the owner of tide land. Ingress and -egress to which Is obstructed by the boom. Tho court finds that there Is no tide land at the place mentioned, and hence the plaintiff has- no rights that are being interfered with. CONSPIRACY, SAYS MR. WOOLLEY Boise Government Assayer Feels His Scalp Already Rising. BOISE. Idaho. Feb. 6. (Special.) News contained in a special dispatch from Wash ington to the effect that a change was Im pending la the Government Assay Office In this city on account of dissatisfaction with the management of Assayer H. Smith W.oolley, was the topic of numer ous discussions on the streets and in the lobbies during the day. The announce ment came as a general surprise. Mr. Woolley said today: "I have been satisfied for some time that a conspiracy was on foot having for Its object the lifting of my official scalp. A few nights ago I overheard a conversa tion between Joseph Pinkham and a Boise banker, whose name I do not care to di vulge, that confirmed all my suspicions. While it is hard to prove such charge, I am fully convinced that Mr. Pinkham Is at the bottom of the whole business, for I know he Is an applicant for the position I now hold." "Have any charges been preferred against you?" was asked. "None that I know of," replied .Mr. FDR Wv9 AND INFANTSjgs INVALIDS The adjustability of Mellin's Food is one of its good points. Mellin's Food can be adjusted and is suitable to the needs of the youngest infant as well as children of the more advanced age. It only takes a minute to pre pare it as there is no cooking nec essary. Send for a free sample. MELLIN'S FOOD CO., BOSTON, MASS. Woolly. "No charges have been present ed to Bit. A short time ago an Inspector was here and went over the accounts. From the nature of some of the questions he put to me I became Impressed with the belief that somo charge or complaint had been lodged against mo in the depart ment, but I have no absolute knowledge that such is the case." Mr. Pinkham denies that he has done or-said anything to injure Mr. Woolley. He will be an applicant for the place it Mr. Woolley retires. He says he has not sought to bring about his downfall. RANCHER TERRIBLY MANGLED Explosion of Black Powder Will Cause His Death Son Badly Bruised. EVERETT. Wash., Feb. 6. W. L. Hays, aged 55, was probably fatally In jured by an explosion of black powder at his ranch, seven miles from Ever ett, on the Marysville road, today. With his son Ira, aged 14, he was en gaged in drying powder and thawing dynamite. Hays saw the powder catch Are and warned the boy to run. The lad reached the porch and the father reached the door when the ex plosion occurred. Hays sustained a compound fracture of the right leg, a foot was blown oft and an ankle broken. He is injured Internally. The boy was painfully bruised. A neighbor named Brothers reached the sccno In time to extinguish the fire in their clothing and save them from death by fire. The dynamite did not explode. The house was demolished. EQUAL SUMS WITH THE STATE Government Would -Spend $30,000 Annually on Reclamation Work. PENDLETON, Or., Feb. 6. (Special.) John T. Whistler, head of the geo logical survey for Oregon, today re ceived news from Director W3lcott. of the Reclamation Service, at Washing ton, that the department will expend in Oregon annually $15,000 for locating reservoir sites for irrigation purposes and $15,000 on hydrographlcal work, provided equal amounts are appropri ated by the state. If the state appropriates less amounts for this work the geological survey will make proportionate expen ditures. Appointed by Governor Toole. HELENA, Mont. Feb. 6. Governor J. K. Toole today reappointed Dr. M. E. Knowles, State Veterinarian. and Judge J. B. McClernan and Judge John W. Tattan. Judges of the Second and Twelfth Judicial Districts, respective ly. The three appointments were con firmed by the Senate. Reward for Absconding Agent. OREGON CITY, Or., Feb 6. (Special.) The Singer Sewing Machine Company has offered a roward of 525 for the arrest of Frank M. Karris, their absconding lo cal agent, who is wanted on a charge of embezzlement of funds. Harris departed from Oregon suddenly several weeks ago, leaving a bride of three weeks, while his accounts were In a bad condition. Bold Robbery at Oregon City. OREGON CITY, Or., Feb. G. (Special.) Just before 7 o'clock tonight a masked robber entered tho grocery store of M. Harris, at Fourteenth and Main streets, robbed the cash register and made his escape. Only about $2 was secured by the burglar, the proceeds of the day's sale having Just been deposited In an up town store. Editor of the Salem Statesman. SALEM. Or., Feb. 6. (Special.) J. C. Sullivan, of Boston, a newspaper man of experience and for nearly eight years sporting editor on the Washington Post, today became city editor of the Oregon Daily Statesman. He takes the place of I. W. Manning, who was recently made editor, vice ex-Governor T. T. Gcer. Mitchell Gilliam Made Judge. OLYMPIA, Wash., Feb. 6. (Special.) Governor Mead today appointed Mitchell Gilliam, of Seattle, Superior Judge un der the bill creating an additional Judge for King County, prssed Inst week. Columbus, Ohio, May ig, 1903. Some four years ago I was suffering from impure blood end a general run down condition of the system. I had no appetite, was losing flesh, and had an all gone tired feeling that made me misera ble. I began the use of S . S. S., and after taking seven or eight bottles my skin was cleared of all eruptions and took on a ruddy, healthy glow that assured me that my blood had been restored to its nor mal, healthy condition. My appetite -was restored, as I could eat anything put be fore me, and as I regained my appetite I increasedin weight, and that "tiredfcel ing" which worried me so much disap peared, and I was once again my old self. I heartily recommend S. S. S. as the best blood purifier and tonic made, and strongly advise its use to all those in need of such medicine. Victor Stubbins. Cor. Barthman and Washington Aves, Wheeling, W. V., May 28, 1903. My system was rundown and my joints ached and pained me considerably. I had used S. S. S. before and knew what it was, so I purchased a bottle of it and have taken several bottles and the ache3 and pains are gone, my blood has been cltas ed and my general health built up. lean testify to it as a blood purifier and tonic. 1533 Market St. John C Stein. If you have any symptoms of dis ordered blood write us and our physicians will advise you free. Our book on blood and skin diseases sent free. The Swift Specific Company, Atlanta, 6a. HAND SAPOLI FOR TOILET AND" BATH Placers roBghcned by needlework catch every stain and look hopelessly dkty. Haad Sspollo removes not only Ibe dirt, but also the loosened, injured catide, and restores the fingers to ihelr natural beauty. AUr GROCER AHzt DRUGGISTS BLOGD In ts worst dlieue on cru. jret Ua etulcat tu euro tt'HKN' vnf laOCuW WHAT TO DO. Many fcave pnaplci, i avois on the stin. ors IB the raoutU. ulcrrs. tailing bilr, ooo i.il& cautrrc. ana aim t - - - - - .v ,0 OMAJli roi&UN. head to UH, lirtuwr. 933 Area at.. Ptilx4aJpiLa. Paa.. tor BKOWX'S BLOOD tlUJvhi. XW pr botue, aaiUUU. t9Ul(3 W A'sfuaaa osiy l BLOOD 1st U 1 E?.TTL'l! OHE OF DR. CUPID'S PHESGRIPTIOHS. That Love sometimes cures disease is a fact that has recently been called to the attention of the public by a prominent physician and college professor. In some nervous diseases of women, such as hys teria, this physician gives instances where women were put in a pleasant frame of mind, were made happy by falling in love, and in consequence were cured of then nervous troubles the weak, nervous sys tem toned and stimulated by little Dr. Cupid became strong and vigorous, al most without their knowledge. Many a woman is nervous and irritable, feels drag ged down and worn out, for no reason thai she can think of. She may be ever sc much in love, but Dr. Cupid fails to cure her. In ninety -nine per cent, of these case 3 it is the womanly organism which requires attention; the weak back, d&zj spells and black circles about the eyes, are only 3ymptoms. Go to the source of the trouble and correct the irregularities, the drains on the womanly system and the other symptoms disappear. So sure of it is the World's Dispensary Medical Associa tion, proprietors of Dr. Pierce's Favorite Prescription, that they offer a $500 reward for women who cannot be cured of leucor rhea, female weakness, prolapsus, or fall ing of the womb. All they ask is a fair and reasonable trial of their means of cure. Dr. Pierce's Pleasant Pellets clear the complexion and sweeten the breath, they cleanse and regulate the stomach, liver and bowels and produce permanent benefit and do not re-act on the system. Onr is a gentle laxative. "The Common Sense Medical Adviser" is sent free, paper-bound, for 21 one-cent stamps to pay expense of mailing only. Send 31 stamps for cloth-bound copy. Address, World's Dispensary, BufiaTo, N.Y. The Evolution OF A. Good Cook From KO beef extract to ANY beef extraci then totheOflE fceef extract COMPANY'S With Blue Signature I FDR FORTY YSR5 TfiE FIRST KQW OFTEN DOES YOUR WIFE MOW RECEIVE A BOX OF THESE DELICIOUS C0NFECT10H5? REPENT- AND MAIL YOUR "ORDERS. AT SHORT INTERVALS. TO r - nr-t . sow fifth ATtnus.' Ueyintuii other stores a JAiisAsarn awwmu CANDIES SWT AHYWHERE SY MAILS EXPRESS-! (Established 1879.) "Cures While Tov Sleep." Whooping-Cough, Croup, Bronchitis, Coughs, Diphtheria, Catarrh. Confidence can ho placed in a remedy, which for a quarter of a century has earnednqual I tled praise. Ask your physician about it. CRES0LE3F. Is a boon to asthmatic!. All Drccsists. Sond potilftrI icrlptlte boollet. Crcsnicna AnJh eptlc Tpriwt TV lets fat tb Irrl UtrA throat, t your drufi!t cr from u. 10c. tn stamp. Tfia Vapa-Cresolene Co, 180 Fallon SI. N.Y, C. GEE WO The Great Chinese Doctor la called yrtuu. bccaiua His wunaerltii cure ar au welt krwuu throughout toe LTnttea Etate and because so many people aro thank ful to hi to for aviw their liven from OPtKATIOfb tlaeaava vtitu powerttU uhlucea herbs, ruou, -,.. Vl O -Lr w Tl A V. rrtl. uuknown to mtidlcal ..-imL'n in this colintriV Atoa. hjufxamou doctor knowa thu action of S rSeinle- that he ha, e. " 5" Toma" llvar. kidney, sarlam. Brfous"rn errata dlseaaea. Hua- rds 01 testimonial- u'i' fc svoa mr Vim CONSULTATION FREB Patterns out of th city write for blank ao4 circular. Inclose tamp. Addre" THE C. GEE WO CHINESE MEBICiFNE CO. 253 Alder Street Uenticn this parr Portland, Or. Stairway of 251Js Alder leadlnj to my offlce. MfcN cun YACUUtf CEYEL0PE3 far-- 1 Curr 70U without medicine of all weakneaw, varicocel and urethral obstructions. Men ara quickly rstord to health and strangta. 6a4 ttui fur 000k sealed to ViUi Appllaackt Co O. Q.. Seattle Wua. m m S(Sut3ran3rLvl ?When jon were engaged? THE YQUHG LADY RECEIVED A BOX OF 0 jggfBKfte