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