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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 28, 1905)
'J THE MORyjyg OREGOyiA-y, TUESDATv jAKCS , , 1S05. J MUST BE EXECUTED Guglieimo Is Denied Rehear ing by Supreme Court "DEPUTY'S SIGNATURE BINDING District Attorney, by Presence at , 4rra'9nment and Aiding in ProB- ecution, Ratified the Act of His Subordinate. The Off soil Supreme Court denies rehearing !n th GusHelroo murder caw and the xnaadaU has been tr&nt mitted to th Circuit Court. Columbia County falls to sustain it title to a atrip of land In the north ern part of Washington County, claimed under the act of 1801 fixing the boundary of Columbia. County. "Where an employ has been ent to do unuxual -work requiring prpmpt attention and haste he Is not con clusively presumed to remember a. i particular danger connected with his kwork. SAIXM, Or., March 27. (Special.) Tbe Supremo Court today denied the petition for rehearing in the Guglieimo murder case. Clerk J. J. Murphy at once trans mitted the mandate to the clerk of the Circuit Court of Multnomah County and sentence will be passed again upon Gug lieimo whenever the trial court pleases. Aside from the order In this case, the most Important question of public Interest decided by the court today -was- that the act 'of IMi fixing the boundaries of Co lumbia County does not operate to trans fer to that county a strip of territory added to Washington County in 1S98. The judgment of the, lower court find ing Guglieimo guilty of murder in the first degree and sentencing him to be hanged was affirmed February 20. In denying the petition for rehearing. Justice Moore wrote the opinion of the court. He discusses at length the question as to the right of the state to arrest, hold and try a man upon an Information to which a deputy has signed the name of Jhe Prosecuting Attorney during hl ab sence. The court adheres" to Its former holding that the District Attorney, hav ing assisted In prosecuting the defendant and being present when he was arraigned and secured an extension of time within which to plead, thereby adopted the sig nature and ratified the act of the person who subscribed his name thereto. Thomas Allison et al.. appellants, vs. H. :S. Hatton, Sheriffs of Columbia County. respondent, from "Washington County, T. A. McBrlde. Judge, reversed; opinion by Justice Bean. This was a wilt brought' by taxpayers in the northern part of Washington , County to enjoin the Sheriff of Columbia County from selling certain property for taxes In Columbia Cunty. The land Is in a strip of territory claimed by both counties. The facts are that section 2251 of Hill's Code defined the boundaries of Columbia County. In 18SS the Legislature passed an act amending that section so as to transfer to Washington County a strip one mile wide and 11 miles long. In 1901 the Legislature passed an act designed to add to Columbia County a small tract that had not been Included In any county, la doing this the Legislature amended section 2251 of code, but followed the orig inal description except where variation was necessary to Include the tract not previously In any county. The fact that section 2251 had been amended in 189S was overlooked, and the, boundaries of Colum bia County as described In the act of 3901 included the strip that had been added to Washington "County In 189S. The question presented was whether the act of 1501 operated to restore to Columbia 'bounty the strip taken away In 189S. The lower court held that it did. and entered a decree dismissing the suit brought by residents of Washington County. The Supreme Court takes a different view. however, and says that there was no in tention to repeal the act of 1S9S. In the absence of such an Intention It Is onlv the changcor additions Incorporated In the section amended that are to be con sidered enacted. The strip therefore con- unues a part of Washington County. Jus tlce Moore, who Is a resident of.Colum Wa County, took no part In the decision. Henry Vlohl, appellant, vs. North Pa cific Lumber Company, respondent, from lultnoroah County, A. F. Sears. Jr., Judge, reversed and new trial ordered; opinion by Justice Bean. This was an action for damages for an . In Jury received while working In de fendant's sawmill.' The defense was ' denial of negligence and an allegation mat the plaintiff assumed the risk in taking the employment and that he was guilty of contributory negligence. At the trial the plaintiff was nonsuited and he appealed. Tho evidence showed thRt n.t the time of the accident the plaintiff had been or dered to perform work near the danger . ous machinery In order clear away slabs and. rubbish which had piled up and which partly concealed the exposed cog wheels. While so working his heel caught in the wheels. The Supreme Cour"t holds that where. a In -this cam?, a sorvant is called upon to executo an order requir ing prompt attention and haste, ho Is not eonciusn-ely presumed to remember particular danger .connected with his work. It Is therefore held that the court sfeould have submitted the case to the 3ry so that they could decide the aucs tlon of contributory negligence as a ques tion or fact. State "of Oregon, ex rel. Grant Thorn- burg, respondent, vs. G. H. Gutridce. an peilant. from Grant Counts. M. JO. Clifford Judge, reversed and remanded; opinion by v,niex justice woiverton. Gutridgd was fined $25 for contempt of caurt In' falling to pay a Judgment against him In favor of Thornburg. for it appears mat artor a hearing a nroceeamgs supplementary n execu tion the court made nndlncs of fact and ceaqluslons of law. but entered no order or judgment tliereon directing the defend ant to pay the money found to be in his possession. me supreme Court holds that since there had been no order, there could be $o disobedience of It and hence a contempt. It Is also hold that It Is not to be presumed that a man still has possession of $2000 because he had It tea months before and no satisfactory explanation naa Deen ra&ae of what be came of Jt Grant Thornburg, respondent, vs. G. H. Gutrldge. appellant, from Grant County. 31. D. Clifford. Judge: appeal dismissed beoaure it was taken from findings of fact and conclusions pf- law in procecd :ngs supplementary . to execution -upon wMch no final order- had been given Held, that while the proceeding is thus' 'spended. no appeal win He. Opinion per . uiam. State- of Oregon, respondent, vs. R. E. lark and John L. Milam, appellants. "nn Harney County. M. D. Clifford. J id sc. affirmed; opinion by Justice Bean. The defendants were indicted for steal lig two horses, each bolonglng .to a dlf xaretit man. They were convicted atui an- pealed on tbe ground that the: Indictment charged ris-o-teparate crimes. The Supreme Court holds that Trhere separate articles belonging to different persons aro stolen a.t tbe same time, and place, the act constitutes but one offense. The repetition of the -words "then and there." la the Indictment are held to be sufficient allegation that the two. horses were -taken at the same time and place. Benjamin Schwarz & Sons, appellants, vs. Iec (Son and John Kennedy? from Marlon County, Georse H. Burnett, Judge, affirmed: opinion by Justice Bean. This was a suit to recover 55 bales of hops-. The verdict of the Jury was for the defendants and the Supreme Court finds no error. Charles Harding, respondent, vsu Mer lin Harding and Clara Harding, appel lants from Marion County, R. P. Boise, Judge, affirmed, but remanded: opinion by Justice Moore. N. B. Nye. respondent, vs. Bill Nye Gold Alining & Milling Company, appellant, from Jackson County, H- K. Hanna, Judge, affirmed; opinion by Justice Moore. Pacific Export laimber Company, re spondent, vs. North Pacific Lumber Com pany, appellant, from Multnomah Coun ty, A. F. Sears, Jf., Judge, affirmed; opin ion by Chief Justice Wolvertoa. INVESTIGATION OF LAND FRAUD Marion County' Grand Jury Will Spend Month at It. " SALEM". Or March 27 rKnHa1 1 ! TV. Uo.lnn rVit,,..- lit.-.. .111 l vestlgate state land frauds at Its ses sion beginning April 8. and it Is expect ed that the greater -part of a month -will be spent inquiring Into the'manner in which state school land has been bought and sold in Oregon In the last few years. Through the activity of State Land Agent Oswald West, evi dence of fraudulent transactions has been secured and a mass of testimony bat is said to constitute convincing proof, will be submitted to the consid eration of the jury. The bold effort of S. A. D. Puter to secure. 2S00 acres of Klamath County land through the mediumsbip of dum mies about two months ago will be the first transaction investigated. That" is tne transaction in which Puter was caught, and In which he admitted that he had furnished the money for nine applicante tot purchase state land. Puter not oniy aamiueo tnax no naa in mat Instance tried to ' get land through men who made false affidavits, but said he had been doing business in that way for years, and thought the State Land Board should not Interfere with his purchases. The evidence so far as this deal is concerned is complete, out the work of toe grand Jury will not stop with the one flagrant case of fraud that has come to public attention. The manner in which the Blue Mountain reserve lands were bought, the deals In state lieu land and the sales of blocks of swamp land, will alf be Inquired into. and wherever fraud or violation of law is found, it will be exposed and an ef fort will be made to secure the Indict ment of the guilty parties. It is understood that the objept of the investigation is not to indict the small men who were inveigled Into act- ng as dummies but more particularly o catch and punish the land-grabbers who engineered the deals, furnished the money and reaped the profits. Subpenas have already been Issued for the attendance as witnesses before the grand Jury of the men. who ap plied for the purchase of the 28(H) acres of and for Puter. CHANGES ON REVENUE VESSELS McCulloch WilhvBe in Portland Dur Ing the Fair. SAN FRANCISCO. March ST. Special.). Captain J. C. Cantwell has been Telleved of the command of the revenue cutter Golden Gate by First Lieutenant F. G. Dodge, lately succeeded on the cutter Perry by Captain CUttle. Captain Cant- well relieved Captain H. B. Rogers- in the command of the cutter McCulloch, and Captain Sogers relieved Captain Johnson on the Thetis. Captain Rogers was given three ctieera by his officers and crew upon leaving the McCulloch. The cutter Perry, now commanded by Captain F. Tuttle, Is awaiting orders here, "but will probably go to San Diego to relieve the Manning. The latter vessel is expected to come here to fit out for the northern cannery cruise and the Bohring Sea patrol. It is rumored that Assistant Secretary of the Treasury, Tay lor will make the cruise in the Manning to the Alaskan coast. The McCulloch will go to Portland to remain during the Lewis and Clark Fair. MOTHER IS DEAD; BABE LIVING Little Woman Succumbs After Birth of Large Child.' SEATTLE, Wash., March 27. (Spe cial.) Mrs. Carrie S. Steele died this morning at Ballard of blood poisoning. puerperal fever and other affections in cident to childbirth. March 12 she gave birth to a girl baby that weighed pounds. Ever since her condition has been critical, but hopes for her recov ery were entertained until noon yes terday, when she began to sink rap idly. Though she weighed less than 125 pounds. Mrs. Steele was a woman of unusual vitality. For this reason physl clans thought that she might recover. though the conditions of her illness were against her. , The record-break ing baby is alive and healthy. DEATH ENDS A BIG POTLACH White Bull Ground Under Car-Wheels While on Celebration. PENDLETON. Or.. March 27. (Special.) White. Bull, a member of the Cayuse trlbo and an allottee of the Umatilla Res ervatlon. was last flight run over by i train on the" Oregon Railroad & Naviga tion track, a mile above the city, and In stantly killed. His body was ground to nieces. White Bull came -Into an Inheritance of $3000 a few months ago from the sale of lands. He spent nearly all of the money in purchasing blankets, saddles, chaps and other articles for his Indian brethren. It is supposed that he was in toxicated when he met his deatn. Good for Loggers and Farmers. CENTRALIA. Wash.. March Z Special.) The logging operations in Lewis County have been greatly aided by therecent heavy ulns. During the past week all of the rivors and streams that carry logs have risen to sucn an extent that all the logs In them have come Into the millponds. All the H. H. Martin Lumber Company logs, with ex ception f about 500.000, came down. They now hava enough to run four or Ave months. Not only are the loggers glad But the farmers are also pleased over the amount of rainfall, which will aid their crcps very materially. Hop-Buyers Win Suit. SALEM. Or., March 27.--(SpecIal.) Judge Galloway today decided the case of Liveslay & Co. vs. Southern Pacific Company and Wolf & Son "in favor of plaintiff for $2500. He also decided the case of Liveslay & Co. vs. Helse by giving the plalntlfT judgment for $2760. In both casos Liveslay & Co. held contracts for the hops, and the Judg ment was for the difference between the oon tract- price and the xn&rltat urice, PUBLIC PAYS DOUBLE Seattle Find's Two Telephone Systems a Burden. CITY MAY BUY ONE OF THEM First an Effort Will Be Made to Force the Companies Now in the Field to Form. One Corporation. 4 SEATTLE. March 27. fBneeIal.1 The 'city Council and citizens of Seattle arc having troubles over Seattle's double telephone system and the double charges which the public is forced to pay as a consequence. The Council Is now consid ering the purchase of one of the systems, with the object of reducing the great ex pease Involved In paying telephone charges to two separate systems. City Engineer Thomson and a committee of influential, citizens are now investigating tbe feasibility of municipal ownership. Opinions as to the practicability of the plan differ. Some think Seattle has enough municipal business now on hand, and that the addition of a. telephone sys tem would only serve to augment the duties and work of city officials and would result In the end in greater expense and a less degree of satisfaction-' The scheme of the City Engineer Is f9r the city to purchase one of the telephone systems, thus get a hold In the local telephone field and operate It for the greater benefit of the people In general. Tho corporations committee of the Council has attacked the telephone prob lem with vigor, and if the attempt to force tbe two companies at present In the field to unite Into one system falls for legal or other reasons, the committee may push Engineer Thomson's project as the best means of solving the difficulty. That tho necessity for the public to sup port two distinct telephone systems Is an abomination, the Councilman are agreed. Engineer Thomson says that he under stands several cities who have been trou bled with a double telephone system have purchased one as a solution to jbc diffi culty. "If the city went into the field," says Mr. Thomson. "It might result In driving the remaining company out of business." It Is pointed out that there are about 20,000 telephones In Seattle, which cost citizens on an average1 $2 per month each. Should the necessity of supporting two systems be done away with, therefore the- city would be saved the sura of $30,000 a month or $240,000 a year. It has been suggested by a member of the corporations committee that first an atttempt be made to force the two com panies to combine and reduce their rates, thus glxing the public but one system. If this scheme fafls. It is probable that the Idea of Clty Engineer Thomson will be carried out and that Seattle will soon own her telephone .system. ' in spite of the fact that many leading stockhold ers point out that the system could only be operated by the city at a loss and that Seattle has Issued and Is to issue bonds for other purposes to such an ex tent that an added burden of debt would result from the purchase and municipal operation of the telephone system. PROTEST FROM OREGON CITY Prospective Los of Land Office Stirs Up Its Citizens. OREGON CITT. Or March. 27. (Spe cial.) At a meeting this afternoon of the citizens' committee that was ap pointed to prevontj If possible, the pro posed removal of the Oregon City Land Office from this city, the following telegram, signed by Mayor Sommcr. the members of the City Council, State Senator Brownell and Representatives Huntley. Bramhall and Jagger, was, on motion of W. S. TTRen, forwarded to President Roosevelt: To the President of the "United State: The citizens of Oregon Cits-and Clackamas Coun ty. irrespective of party affiliations, do most earnestly protest against the removal of the land office of the Oregon City Land District from Orecon City, where it ba been located for more than 50 years. Give us a "square deal" and let us be heard before final action is taken. County Judge Ryan was made ichalr man or the committee meeting ana J. U. Campbell served as secretary- On motion of H. E. Cross, the' chairman appointed a committee of five to draft a proper remonstrance and prepare letter to tho President, protesting against the removal of the Land Office, and to take all necessary steps'. In cluding the raising of funds, and the circulation of petitions, to prevent such an undesirable consummation. H. E. Cross, Senator G. C Brownell, Repra sentatlve C G. Huntley, Charles Al bright and W. S. XTRen were named an the committee to which, on motion, Chairman Rjjan was made ex-offlclo member. The meeting also adopted the following resolution: Whereas. It has been reported through spe clal dispatches to Tho Oregonlan that K Is the Intention of the Government to remove the office of the Oregon City Land District tn thn ntv nf "Portland, for the reaeonzvas stated Ip said report that It will be mpre convenient and economical tpr the intending settlers and the Government: and. Whereas. Tho people of Oregon City, irre- rpectlve of party, in mass meeting assembled. believing that not only great Injustice would bo done the people of Oregon City, the County of Clackamas, and mere than three- ouarters of the Fold -Oregon City Land Dls trlct, by such change In locatlon.but also that It will occasion delay In tho settlement upon lands in .this district by Intending set tiers, who, accustomed to believe that the office of tha Orecon City land office, is lo cated there write to resident of said city for Information relative to settlement in said ols trlct; and. Whereas. Feeling that in -a movement nf such Importance to the people of this com munity and district, the people should be allowed to be heard In said matter; there fore, be It - Resolved. That a telegram be sent to the President of the United States requesting that before final action Is taken In said matter that our representatives be allowed a hearing: and. Resolved, That our Senators and Itepre tentative In Congress be requested to use their Influence with the departments and President to prevent the removal of this office from Oregon City, where it has became known and considered as an Institution of an historic dry: and Resolved, That a committee be appointed to circulate remonstrances againn said re moral among the people of this county and the several counties of the Oregon City Lana uitinct. EDNA HOPPER SCORES VICTORY Original Will of Alexander Dunsmufr Must Be Taken to San Francisco SAN FRANCISCO, March 27. Edna Wallace Hopper, the actress, has won her first victory In the fight for a share in the millions of the late Alexander Duns muir. nor stepfather. Judge Coffey today declared null and void all proceedings taken In his court in May. 1M0, because the original will was not filed here. In stead it was carried to Victoria. B. C. by James- Dunsmulr a brother and sole devisee. Now that original will must be brought and filed in San Francisco County, and Its filing will mean a contest, for Mrs. Hopper and the decedent's mother. Mrs. Ivan Olive Dnnsmulr. desire to ahare in the eetate of more than 57.000.000. 1 Judge Coffey rendered a long opinioutj dwelling particularly on the lack of prece dence. He said that the ruling would, doubtless make it possible for other es tates; Involving millions of dollars' worth of properaty, to be brought into litiga tion on the same grounds. BROKE LOCK ON CHURCH DOOR Faction of Sunnyslde Free Metho dists Fined for Illegal Entry. SUNNTSIDE. Wash. March 27, (Special.) There is a sensation here over a disruption in the Free Metho dist Church- For some time there have been two factions n the congregation. About a month ago a new set of trustees wa selected by the majority faction. A small coterie stands by the Rev. S. P. Westfield, Rev. S-- A. Milton and-W. c. Mecham, the men who at one time composed the Sunnyslde real estate firm. These people wanted to hold a meeting In the church build ing, but rofused to tell the jpstor the nature ox tne meeting. The minority faction announced a meeting to be held in tha church Fri day evening.. Trfey went to the church. alleging they had a right to the build ing, and broke the lock. The pastor had the leaders. Rev. S. A. Milton. Rev. S. P. Westfield. W. C. Mecham and wife and Mrs. N. E. Perry arrested. These, with the audience fol lowing, were taken by the City Mar shal to the residence of the Police Magistrate at 10 o'clock at night. The charge waa that they broke into the church illegally. Rev. Mr. Milton admitted he had broken the lock, but that because they had been trustees thev had a right to the building. Judge Larinln ruled thatH iney naa violated tne statute, ana nnea each one 35 and costs, a total of J(0, which amount they promptly paid. "PARALYZED" MAN IS A FAKER Salem Doctor Preparing to Give Dav enport a Touch of High Life. SALEM. Or.. March 27. (Special.) Dispatches received today by Qhlof of Police, Cornelius and Sheriff Culver i show that Norm'an Davenport is a clever faker, and that he was not held up and robbed here last week, as he- alleges. He is lying in the hospital. pretending that his lower limbs are paralysed, but the officers have in formation that he tried a similar trick recently at Eureka, Cal. Davenport s story was that he was held up by two men. one of whom grabbed him around the neck from be hind, put his knee against his back and nearly broke his spine, after whth iney ronoea mm oi jibv. i,e nas Deen lying In the hospital five days and pretends to be recovering. The of ficers have not yet Informed him that they have discovered his trickery, but Dr. Byrd. who has been treating him, will put him through a course of treat ment in the next 48 hours that will cither make him confess or prove him self a roan of remarkable endurance. A reporter on the Eureka Times gave Chief Cornelius the tip as to Daven port's playing the gamo In that city. Davenport's plan Is to get public sym pathy and then give a lecture, thus se curing a large attendance. JABE2 WHITE AT THE BAY CITY English Lightweight Says He Thinks He Can Whip Brltt. SAN FRANCISCO. March 27. (Special.) When Jabez White and Charlie Mitchell sauntered leisurely Into Harry Corbett's tonight, sporting fraternity was taken by surprise and everyone seemed to be gasp ing for wind. England's premier light weight arrived ahead of scheduled time. White does not look tho part of a fighter, with his modest demeanor, retir ing, ana nas the appearance of a young man who would make a hit In a Sunday school. Mitchell is the spokesman and White seemed glad to allow the former heavyweight champion the privilege of handing out any eloquence that Is needed. "I came the long way to fight Brltt," said White, "and I think I am going to win. I do not want to be boastful, but I have confidence in my ability. I have wanted to box Brltt for a long time ana now that tho chance has arrived I feel grateful. I will start In training at Lark spur right away. I weigh 135 pounds now. but I will probably lose a little." MISSING FOR FOUR WEEKS. Astoria Youth Finally Turns Up In a Dazed Condition. ASTORIA, Or.. March 27.-fSpecIal.) Emit Ahoneu, a young man about 19 years of age, Who has been missing for about 'four weeks, was found last night and it is learned that he has been wandering about in a dazed con dition, supposedly the result of a dosa of "knock-out" drops. Ahoneu left his home four weeks ago yesterday to take a walk, and the first seen of him was about 10:30 last night, when he rapped on the door of a neighbor's house. As soon as the door was opened Ahoneu started to run, but was soon captured. He appeared to bo partially dazed and was very weak through lack of food, but today he is much better and appears to be in his right mind He cannot remember where he has been, and physicians who examined him today say his condition is due to tho administration of some drug. All the money which the young man had in his pockets, amounting to about JoO, Is missing. DR. WEBB COMING TO PORTLAND Railroad MarTravels With .Special Train of Five Cars. SAN FRANCISCO, March 27. (Spe cial.) Di. Seward Webb reached San Francisco this evening. He left Santa Barbara .for this city yesterday but stopped at Del Monte. He intends to leave tomorrow morning for Portalm! He has as his guest upon the train Percy B. Todd, the first vice-president of the New York,New Haven & Hart ford Road. Mr. Todd has secured rooms at te St. Francis, but Dr. Webb will not. leave his private car. His special train consists of nve'ears. Dr. Webb is closer to Harrlman In hlB railroad enterprises than any other man. Ho will look over the railway sit uation In Portland. Dr. Webb's home is in New York, but he spends a large parf of each year traveling In his pri vate car. DR. HARE IS APPOINTED CLERK North Yakima Friends Much Pleased With Judge Whltson's Choice. NORTH YAKIMA, Wash.. March 27. Judge Edward Whltson this afternoon announced that he would appoint Dr. W. H. Hare, of this city, clerk of the new United States District Court ior Jastern Washington. Judge Whltjon wW leave for Spokane tomorrow night, accompanied by Tus clerk. " Dr. Hare !s a well-known resident of Yakima, being prominent In local affairs for a number of years. He was a mem ber of the House of Representatives from this county two years ago and Speaker of the body. Tbls year -ne was re-eiectea to the House. His appointment gives creat satisfaction to his friends here The Bar Association of Yakima will give a banquetvtomorrow evening in honor of Judge Whltson. Drowned by Upsetting Canoe. SAN DIEGO. Cal.. March 27. Lucy and Helen Baker, young ladies of- this city, and their cousin, Harry Hayes, of hlowa, were qrowned today by-tne tip- setting of u. canoe. . . .; FORTUNE F0RASK1NG Part of "San Francisco Estate Long Awaits Owner. NEWS LEARNED LAST MINUTE Frank L. Doe, Without Knowledge of the Legacy, Had Long- Been Considered Dead y7Hz Relatives. SAN FRANCISCO, March 27. That tacts are often ctranger than1 Action was again demonstrated today In Judge Coffey's courtroom when the estate of John S. Doe was called up for final dls tributlon. . This estate has been pending many years in the probate department. and it was only by the merest chance that there was saved for Frank L. Doe legacy, which, together with Interest, will be In the neighborhood of J1O.O0O. John S. Doe, a wealthy pioneer, pro vldcd In his will that each of his nephews and nieces should receive a lesracv of $Sft. All of these legacies have been long paid.savlng the one In question, and Frank L.Doe had been long considered dead by his brothers and sisters who had not neara from him for a period of over cO years. It was only within a couple of weeks that Calvin W. Doe. a brother llx-lng In Big Rapids, Mich, received a letter from his brother .Prank, from Durango. Colo.. which, by mere chance, he .sent to Loring B. Doe, a brother residing here, but not knowing that Frank's Interest In the es tate of his uncle had not been long since foreclosed by reason of his nonappear ance. Telegrams were hastily exchanged and It seems now to be beyond doubt that .r-ranK L. Doc Is living and entitled to his legacy. The Jippearnnce of Loring B. Doe In court at the eleventh hour pre vented distribution of the estate and all that Is necessary for Frank L. Doe to acquire the title for the fortune of which he Js ignorant. Is to appear In court and make satisfactory proof of his identity. Charged With Theft at Nyssa. WEISER, Idaho, March 27. (Special.) A man named Frank Henley was ar rested this afternoon by Marshal Cor- delle and Night watchman Nevln, on Instructions from Payettt. Henley was taken from the westbound train when It pulled into tho depot In this city, t Henley Is charged with entering a j blacksmith shop at Nyssa, Or., and I stealing tools and other articles of value. The officers of Malheur County. J uregon, win amvo ncTe tonignt tor the prisoner. How Is liaby Today? Better, thank you. In fact, quite well. Fat, round and. full of life and mischief. Pink and white flesh, dot ted with dimples. .No congh, no in digestion. All on account of administerd by a. mother whose love was tempered with common sense. She knows that OZOMULSION is a fountain of energy for grown-ups, too. It stops waste of flesh. It makes plenty of rich blood. For pale, feeble folk it is the chief nourisher at life's feast. It cures Consumption when taken in time. All druggists sell it 50 cents and $1.00 the bottle. We will send a Free Sample Bottle by Mail To any reader of The Portland Oregonlan on request. Write letter or postal to OZOMULSION CO. 88 Pine Street. New Tork. WHY not ttre tie hit problem for thh Muoa by jolalnj tho Cordon nai.it Gordon GORDON HATS (soft or stiff), in black, won't rust when the spring rains come. They re v raven black at the beginning of the sea son, and just as black at the season's end. Only a perfect hat will hold its color. But it needn't cost you five dollars. Gordon Hats' $3 The" versatility of Ghirar delli's Ground Chocolatfe is the versatility of goodness. It makes toothsome cake and tempting pastry. It is appetizing as a food and wholesome as a drink. Ghirardelli's isalways good and good for all. Always fresh in patented hermeti cally sealed cans. . ' " APENTA NATURE HUNGARIAN APERIENT WATER FOR A GOOD COMPLEXION THE WOMAN who values, the fresh ness of her skin, bright eyes, glossy hair, and sweet breath, must remember that close rooms, rich diet or late hours, are her. most powerful enemies, and that -a 5 slight aperient, such as a small wineglass ful of- APENTA 'WATER, taken every morning before breakfast, is one of the greatest aids to HEALTH and therefore BEAUTY. Sole Exporters: THE APOLLINARIS CO., Ld., London, FfiflSTflRIA UMHtfflBM AgctablePrepatalionfurAs similathTg ftfilcodandBegula ling ttaStomaris andikwreb of Promotes Digeation.CheerruI ness andKestContains neither 0piufn3iQrphiiie norIineraL Kox JARCOTIC. Aperfccl Remedy forConsfipa lion, Sour SlOupch.Diarrhoca and Loss OF SLEEP. IF&cSlnuk .Signature of !N"EW" YORK. We iruarantae & cure" is every case we I1N A tion free. Lrtttars sfidBt$Li. Isatruatlve isuu- tuti ai-cxx manta ires in piaia wrajycure worat 0j Piie3 la tw o or three treatments, without operation. Cure guaranteed. If you cannot call at office, write for q uestion blank. Home treatment successful Office hours, 9 to 5 and 7 to S. Sund ays and holidays. 1Q. to 12. DR. W. NORTON DAVIS & CO. Offices In Van-Noy Hotel. 52 Third at, cor. Pine. Portland, Or. trSaSa 'StX&Z exhausting draiBi bashfulnei av-rsloetyrngb, deprive you of your mannood. UNFITS 'TDSlI-SmKo im cic3 and strains have lost their ! 2ULSSK I'OWUX. ci CtmVilUn. fionorrhoea. nalnfuL hlnndv nrln. R,?Et2 Enlarged Prostate Gleet. Stricture. Bngea ww . , - a, , rnbr vfA Prostate, sexual -ueomiy, vsncoceia, zxyaroceie, AJa- jAlWcyX OB OTHEX. ISOKOUS DKTJGS. Catarrh i and rheumatism COWED ' itcmZn cures the disease by thorough medlca H5f?fLiu wi ?ew Pamnhlet on Private Diseases sent free to all men who d their troublL PARENTS, cured afhom. Terms reasonable. All letter 5 scrtyiet 'IS?.?:.: Consultation Xrea and sacredly conddentlaL Cal on or address DR. WALKER, 181 First Street, Corner .YalmhiH, Portiind, Or For infants and Children. The Kind Always Bears tne Signature of r Over Thirty. Year You Have Bough! ha Use ASTORIA TMS CCNTAUR COMMJTT, rcwtom city; WEEK We treat successfully an private ner vous and chronic diseases of xaea. also blood, stomach, heart, liver, kidney and throat troubles. We cure SYPHILIS (without mercury) to stay cured forever. tn 30 to 60 days. We remove STKIC TUKE. without operation or pain, la 11 days. We stop drains, tha result of self-abuse. Immediately. We can restore the sexual vigor of any man, under S9 by means of local treatment peculiar to ourselves. We Cure Gonorrhoea in a Week The doctors of this Institute ere all regular graduates, have had maay years' experience, have been known la Portias for 12 years, have 1 reputatiqa to aaaia tain, and will undertake no case unlejj certain cure can be effected. undertake or charge no fee. Consulta Twenty Years of Success In the treatment of chronic diseases, euch as llver kidney and stomach, disorders, constipation, diar rhoea, dropsical swellings. Brlght's disease, etc Kidney and Urinary Complaints, painful, difficult, to frequent, milky or bloody urine, unnatural discharges peedlly cured. - Diseases .of the Rectum Such- as piles, listula. fissure, ulceration, -srrscous and bloody discharges, surea without the knife, pain or confinement. V ' ' Diseases of Men Sexual Debility. Varicocele, Hydrocele. JOd! MF!I.CUK.v; OB OTHEX. mi.snVmrt