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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 18, 1905)
6' THE MORNING- OEEGOSIAff, TUESDAY, AERIX 18, 1905. WftTER BONDS HIKED ABOUT Seattle Bank Did Not Want Port Townsend Issue, ... Declares Manager, - CRAWFORD SUIT DISMISSED Governor Mead Avers That JCand Commissioners Did Xot Know Financial Condttlon-of the City at That Time. ' OITMPIA. TVash., April 17. (Special.) Anticipating that the injunction proceed ings and action brought by H..D. Craw ford to prevent the consummation' of the Port Townsend tvaterworks bond " sale "rrould fail. Governor Mead and Attorney Prank C. O wings yesterday visited Seattle and retained B. C. Hughes and "Vv", T. oval In the case. As a. result of the conference held there it was decided to dismiss' the Crawford eult and bring another action with the state named as plaintiff on the relation of Governor Mead. When the motion in terposed by the attorneys on the other side to dismiss the Crawford injunction came on for hearing In the Superior Court today. Attorney Owlngs offered to dismiss the suit, but the Port Townsend' attor neys Insisted on presenting their motion. A formal order dissolving the injunction was later gisned by Judge Linn. In the meantime, however, the Governor had secured and served a second Injunc tion, which is directed to all the members of the Board of State Land Commission ers and also the State Auditor and Treas urer, res-training them from proceeding further with the purchase "or with the drawing or paying of the' warrant. When Lieutenant-Governor Coon called on the State Auditor for the warrant, he wae confronted by the second injunction. The pleadings in the case contain several startling affidavits -concerning the finan cial -worth of the Investment, which are also denials of the statements -made by Mayor Coon In newspaper interviews to the effect that the bonds had never 'been offered to any other buyers or investors. Offered the Dcxter-Horton. X. H. Iatimer, manager of the Dcxter Horton Bank, in Seattle, swears that the Issue -was offered to him by John B. Price, a broker, but was declined ' because he did not deem it a safe investment. J. "W. Cliee. of the Washington Trust Company, avers that, the Spring Valley Water Company, which at one time had a franchise for the same system now proposed to be constructed by the city, offered to him an issue of 5150,000 in bonds, the proceeds to be used in con structing the same. The affidavit also declares that after the city acquired the franchise from the Spring t'alley Company, the bond issue of $250,000 was offered to him from three different sources. At first a commission of $50,000 was offered, which was later raised to $80,000. Subsequently one of the persons having a contract with the city for putting In the system informed him that the cost of the system would be $129,000, and offered the entire issue at any amount above $129,000 he would pay. All the offers were declined, as Mr. Close deemed the security inadequate. The complaint is also accompanied by an affidavit by A. L. Learned, City Clerk of Port Townsend. and shows the total assessed valuation of the city to be $S3, 788, with bona fide Indebtedness now out standing in bonds, $114,000; warrants, $37,000. Governor Has Objections. The Governor's complaint sets forth in a general way most of the matters con tained in the affidavits, and alleges that the bonds are payable only out of the proceeds of the waterworks, are not a municipal obligation, and cannot be le gally purchased "by the state. The -financial statement of the city is quoted to show that the issue would put the city beyond the legal limit of indebtedness if it were a municipal Issue. In answer to the Cllse and Latimer af fidavits, the Port Townsend representa tives allege that It-was a bond, issue on a different basis that was hawked about, that the issue-off cred the state was not offeredVto any one lse. Governor Mead gave to the press today a statement "reciting "the occurrences leading up jo today's action, and of the interview with the Seattle attorneys. He asserts ,that other able lawyers of the state besides Mr. Hughes are of the opin ion that the state Is hot authorized to purchase this issue of bonds. He had had no opportunity to Investigate this phase of the case when he first called the attention of the.tooard to the deple tion of the general fund, but after look ing into .the legal phase of the question had no hesitancy "in instituting the action of today. The Governor says: 'I consider It my duty to take this rourse, as it is the duty of every citizen of the state to use his best efforts Jto prevent the State Land Commissioners exceeding their powers by investing $250, 000 of the permanent school fund in chan nels not authorized by the statutes and constitution of the State of Washington. State Should Have Priority. "I think primarily that a policy should be adopted permitting school districts and the state to have priority in obtaining needed funds from the permanent school fund through the land commission. It certainly Is the policy of everyone con nected with this administration to have the permanent school fund earning inter est, and to prevent these funds rrom be ing congested in the hands of the Treas urer or in the banks. It Is of the highest importance, however, that when the funds are invested that the state have good and sufficient .security for the payment of the principal and interest, and that there shall be no doubt existing as to the security and Tight of the state to grant the loan. "The State Lands Commissioners are the sole judges of the adyjuacy of the security, nut x am iranK in stating my De llef that in this particular Instance they were not fully advised of the actual fi nancial condition of the City of Port Townsend. or of all the circumstances connected with this Issue of bonds.. Had a majority of the board been fully ad vised I do not believe that they would have adopted the resolution to purchase this bond issue. I have read the able opinion of ex-Attorney-General Stratton concerning the legal phase of the matter. and I now believe that Attorney-General Atkinson should have followed It. "If a majority of the Land Commis sioners have been further advised since :the adoption of their original resolution tp purchase, and now believe- that the In vestment is hot a safe one, I trust they will recall the resolution transmitted to the State Auditor." KING MEN SHAKE "PLUM TREE Senator -Piles to Consult theDelega tion "Which Supported HlrnT SEATTLE. Wash.;' April -17. (Special.) IVnen United States Senator Samuel EL- Piles is ready to consider Federal ap pointments he will -call the King County delegation Into .conference. He intends to consider the delegation's wishea, and Xo give the men who elected him a voice. This declaration was made by Senator Piles today. It Is rather significant and far-reaching in effect, aa well as espe cially applicable now, when W. H. Clark, of Vashon. a member of the "South Dis trict" delegation, is in town to compel Piles to make good a legislative promise that Clark should have Tom Payne's job as Leputy Collector of Internal Rev enue. Tnls place was promised Clark by May 1. 1'nes agreeing in the meantime to find another place for Payne and relieve D. B. Crocker. Collector of Internal Bcvenue. who wants to place Clark. Payne and Piles were "broke" together here In the carlv- days, and the former gaye the Sen ator the money .with which he started in business. This is the first test and a se vere test Piles must give his promises. "I have made no appointments and no promises," said- Senator Plies today. "I will make none until I consult the King County delegation. Any announcements are premature. I called the delegation together when I was elected and prom ised to consult them." WILL FACE SERIOUS CHARGES Many Purchasers of Land May iBc Indicted by Grand Jury. SALBM, Or.. April 17. (Specials-Circuit Judge George H. Burnett gave the Marion County grand Jury explicit in structions today regarding the charges which may be brought against men who have been connected with the state land grabbing deals In the last few years. Though the Instructions were full and complete to the Jury, they could be but partially understood by the public, for they were given in answer to questions not made public Several days ago the grand jury presented to Judge Burnett several statements of facts, upon hypo thetical cases, for his advice as to the law. Each of these presentments is sup posed to contain a statement of facta such as has been found to exist, and the desire was to know what crime the acts described constituted. From the answers given by Judge Bur nett it Is understood that the jury has been Instructed that when a man has made a false affidavit in his application for the purchase of state land, he Is guilty of perjury; that where other men have procured the applicant to make this false affidavit they are guilty of suborna tion of perjury; that where a man has signed a fictitious name to an application for the purchase of state land he Is guilty of forgery, and that where a man pro cured or knowingly aided In the com mission of a forgers', he is guilty of the same crime. The evidence whlchhas been secured by State Land Agent West is expected to show that large numbers of applications for the purchase of state land were made by persons who were hired to make the applications, and who were paid from $1 to $20 therefor. In making hie application the intending purchaser swears that he wishes the land for his, own use and benefit, and has made no agreement, express or Implied, to convey the same to any other person. Notwithstanding this' affidavit, hundreds of purchasers who had no money of their own applied for land and made the first payment with money furnished by others and immediately assigned the certificate of sale to the man who furnished the money. In a great many cases the ap plicant signed an assignment when he signed the application, thereby conveying his Interest in a certificate of sale which had not yet been Issued by the Clerk of the Land Board. This was a rapid process of accumulat ing Jand under a law which provided that not more than 320 acres should be sold to any one person, but rapid though It was, it was too slow for some of the operators. It Is charged by Mr. West that at least one of the operators signed ficti tious names to the applications, and when tne ceruncates oi sale naa oeen jssuea signed these same names to assignments. and thereby placed the title to the certifi cate in the name of a real person. When once in the name of a real person, the title could be easily transferred to an Innocent holder. J.t is also expected that the evidence West h as-secured will show that a promi nent attorney placed, his notarial certifi cate on affidavits., though not one of the applicants appeared before him or was known to him. ROBS ALPINE POSTOPFICE Masked Stranger Makes Postmaster Watch Theft From Floor. WEISBR. Idaho.. April 17. (Special.)-A lone highwayman held up the Alpine post- office and store Saturday night, securing $30 in money. From reports brought to the city this afternoon, it appears that M.' L. Wllkerson, the Postmaster and pro prietor of the store, was alone about S o'clock in the evening, when a stranger, with a white mask on his face, entered and Immediately drew a revolven and commanded him to lie down on the floor. Mr. Wllkerson did as requested, while the robber went through the money drawer, taking all the money therefrom. He then left In the darkness. Mr. Wllkerson notified the neighbors, and a search was made for the robber, but he had disappeared. His mask was found a short distance from the postoffice. Officers have been notified, and a search Is being made. Alpine is about 50 miles from Welser, In the- northern portion of the county. The robber was a stranger to the Postmaster. GAVE RIFLE TO TRACEY. Charge on Which Wright Is Ar rested as Soon as Released. WALLA WALLA, . Wash.. April 17. (Special.) With requisition, papers duly signed by the Covernor, and a warrant commanding him to., arrest Harry Wright, Sheriff Culver, of Salem, Or., was satnding at the gates of the Walla Walla prison when Wright stepped out of the institution- after serving a term of two years for burg lary committed at Seattle. Wright was taken to Salem tonight, where he will answer to a charge of assisting Tracy and Merrill In escap ing from the Oregon Penitentiary, by planting guns In the prison enclosure. Wright served in the Walla Walla Pen itentiary under the name of H. C. Mute hart. Stole Chickens to Buy Beer. OREGON CITY, Or.. April 17. (Spe cial.) Cqunty Judge Ryan converted his orflce Into a Juvenile court this at ternoon when six lads, ranging; from 10 to IS years of age, -were brought before him on the charge of stealing chickens and miscellaneous articles from residents of this city. The par tlcular charge against the boys was the theft of a child's bank that con tained about $3.50, and to the accusa tion August Trachler and Charles Toole pleaded guilty. These boys, together with Henry McCoy, Claud ODonnell. Bennie and Willie Grossenbacher, admitted having stolen chickens and numerous other portable articles which they sold to the best advantage and expended the pro ceeds for beer and" port wine. After being- soundly reprimanded, the accused lads were released pending- good behavior, but Deputy Prosecutln Attorney Schuebel is investigating the charges of the boys that they have been purchasing- liquor. Xorbie 15ye Resedr Cure Ejcs: Makes Weak Eyes Strong. Soothes Eye NEPPACH Ml SUIT Supreme Court Settles Rail x way Land .Case. x ISSUE OF ORAL EXTENSION It Is HeldTliat Oregon & California Company Thereby Waived the Right- to Insist on Stipu lated Payments. SUPREME COURT DECISIONS. The oral extension of time for mak ing payments on a contract for the nale of land la not a modification of the contract, within the meaning of the statute of fraud;, but Is a waiver pf the right to insist upon the pay ment as stipulated. The measure of damages for breach of" a contract to convey land Is the market value of the land at the time of the breach, less the amount due on the purchase price. SALEM. Or., April- 17. (Special.) Two important land suits against the Oregon & California Railroad Company were decided by the Supreme Court to day, the company losing in one and securing- a reversal in the other. The oases involve contracts for the sale of railroad land .in Multnomah County In the territory where the Ore gon & California and Northern Pacific grants overlap. The actions were brought by holders of contracts to re cover for the failure of the company to convey the land. The first case was that of Anthony Neppach, respondent, vs. Oregon & Cal ifornia Railroad Company, appellants, tried before Judge Sears In Multnomah County, and resulting In a judgment for the plaintiff for $47,000. On appeal this judgment is affirmed in an opinion written by Justice Bean. The contract was made In 1S83, the intending pur chasers being Neppach and C A. Hlm pel, and the price $12,806.36, payable In ten annual Installments. When the second payment became due the amount was tendered to the company's land agent, Schulze. but he refused to receive it, and told the pur chasers that th2 title was in doubt, and his company would receive no more payments until the title was settled. This occurrence was repeated when- the third payment came due. On April 4, 1885. Land Agent An drews wrote HImpel that unless he made the second and third payments within 3Q days the contract would be canceled. This letter was sent sealed In the care of Xcppach, and did not reach Himpel until March 3. The men went immediately and offered payment but Andrews would not accept It, telling them they wero toe late. In January, 1900, when the contro versy over the title to the land was settled by the United States. Courts, Neppach tendered the balance of tho money, but it was refused and he was informed that the contract had been canceled for nonpayment of install ments. This action was then brought. There was a question as to the au thority of Schulze to extend the time of payment, or whether such extension had been made. The Supreme Court holds that there was sufficient evi dence to support the Jury's conclusion upon this point. The Supreme Court holds that this extension was not void under the statute of frauds, because not in writing; for the agreement as to time of payment was right of the com pany which could be waived and was waived. The company's final contention that the court erred in instructing the Jury that the measure of damages was the value of the land at the time of the breach of the contract, less the balance of the purchase price due, is also held not well founded, but the instruction Is approved. Maffet vs. O. & C. R. R. The other case in which the railroad company was involved was that of W. R. Maffet. Jr., respondent, vs. the Ore gon & California Railroad Companyr appellant, tried before Judge Frazer, in Multnomah County, and decided in favor of plaintiff on a motion for Judgment on the pleadings. This is re versed in an opinion by Chief Justice Wolverton. In 1S99 the company contracted 5172 acres of land in Multnomah County to W. R. Maffet and E. T. McKinney, trus tees, for $64,362, payable In install ments, with Interest at 7 per cent on deferred payments, and at 10 per cent on delinquent installments. Time was declared to be of the essence of the contract. The complaint alleges that several partial payments were made on the Installments up to July, 1892, but that In that month the company agreed that " because the title to the land was in doubt, no more payments should be made until the controversy had been settled. It was further alleged that the title to a part of the land was settled in January, 1900, but the title to another portion was not settled until May, 1900. and title to another portion has never been settled, but the company neverthe less broke its contract in March, 1910. by rescinding .and canceling the con tract. The plaintiff demanded judg ment for the amounts paid,, with in terest, as for money had and received, amounting to $2119.38. The company demurred, and the demurrer being- over ruled, answered, denying the agreement as-to waiver of time, and averring that plaintiff defaulted in payments and thereby forfeited his rights. "Upon the demurrer the company con tended that'since plaintiff in his com plaint reaffirmed the original contract, his action must be for a breach thereof and not for money had and received The Supreme Court holds, however, that under the allegations of the complaint the notice of cancellation and the as sent of the plaintiff amounted to mu tual rescission, and he is entitled to maintain this action. The judgment in favor of plaintiff on the pleadings is held to be error be cause the allegation of waiver is essen tlal and Is controverted by the defend ant. Tne case, therefore, goes back for trial upon the question of waiver. Roberts vs. Templeton. W. M. Roberts, appellant, vs. A. M. Templeton estate respondents, from Lane County. J. W. Hamilton. Judge, af firmed; opinion ay Justice Moore. This was a suit to compel specific performance of an oral agreement for the conveyance of an undivided share in the "Excelsior," "Royal Ann," "I. X. L." and "Tough Nut" mines in Lane County. The Supreme Court holds, that "an oral contract lo convey real prop erty, entered" Into between co-defend ants, whereby the purchaser takes pos session of the interest of the vendor in the premises, will not be specifically . -enforced in' oqulty. The -reason? for this rule, lies in the fact that possession of real property under an oral contract for its purchase must be exclusive to operate as a bar tp the statute of frauds," while '-'the possession of a tenant in common is presumed to be for the benefit of his co-tenants." t Strike Hot Artesian Well. BAKER CITY. Or., April 17. (Spe cial.) Since last Saturday Messrs. Gil bert, Shoemaker, Pollman and others, with machinery to sink--2500 feet or more, have been boring for hot artesian water.at the foot of Coyote Peak, near the end of . Campbell, street. Geological conditions are the same as at Boise, where so much profit has been derived from such a discovery. Saturday, when the drills were down a little over 500 feet, a flow of hot water was encountered, which- regis tered oyer 100 degrees Fahrenheit The promoters are now fully satisfied they will find what they want at a little greater depth. The company has ac quired a tract of land in the vicinity of the well, "where they can use their sur plus for irrigation after supplying- the city with all It will need for heating and other purposes. The casing oX, tte ,well at the- top- Is ten inches, and the altitude above the city is the same as the big reservoir. Echo Development Delegates. ECHO, Or., April" 17. (Special.) The following delegates were appointed by JL N. Stanfield. president of the Citizens' Association of Echo and vi cinity to attend the Oregon Develop ment convention, which will be held at Portland April 26-27: R. C. Judson, A. L. Craig-, R. B. Miller, James Johns, L. A- Estar. C. D. Cass. F. W. Godfrey, Asa B. Thompson. R. N. Stanfield, O. F. Thomson, J. B. Saylor, C. P. Bowman, Alex McCarty, R. B. Stanfield, H. C. Willis, R. E. Thorn, W. J. Furnish, George Kimball, W. H. Boyd, Charles H. Miller. Alex Malcolm, C. S. MuJgo. Richard Jones, Cloyd Oliver. Elting Spike, J. R. Moans, Frank Spike, J. S. Rogers, F. B. Vancleave, Ross New port, W. M. Wyrick. Joseph Cunha, An tone Vey, T. D. Mathews, James Mc Carty, Clay Branstretter, J F. Mc Naught, A. C. Crawford, Harry Rog ers. O. D. Tecl, Fred Andrews, M. H. Gillette, G. W. Hunt. Peter Sheridan. Subscribers to Nez Perccs Road. LEWISTON, Idaho. April 17. A spe cial from Nez Pcrces says: The biggest meeting In the history of the Ncz Perces Prairie was held here today In the In terest of the electric rqad from1 Lewiston to Nez Perces and Grangevllle, when 556. 000 was subscribed. All except about $5000 was raised by business men and citizens of Nez Perces. and conditional pledges amounting to $20,000 were made contingent upon Indorsement by business associates. The entire upper country will support the road with large sub scriptions, and work- among -landowners will commence at once. The mass meet ing was attended by representative peo ple from all parts of he -country, and Intense enthusiasm is reported from all quarters. ... - Two Chinese May Stay. KAliAMA. Wash.. April 17.-(Special.) Ah Yen, Toy Glng and Wong Chlng Moy, Chinese, arrested at Vancouver by Im migration Inspector L. G. Fuller, had a hearing before United States Commis sioner Joseph Smith here tdday. Assist ant District Attorney A. E. Gardner, of Seattle, prosecuted, and Judge A. L. Mil ler, of Vancouver,, defended. Ah Yen and Toy Glng were released on the ground that, having been merchants at the time the exclusion act went Into effect, they were entitled to remain, although they were now laborers. Wong Chlng Moy was ordered deported and was locked up awaiting the arrival of the United States Marshal. Congressman Jones at Home. NORTH YAKIMA. Wash.. April 17. (Special.) Congressman Jones arrived here this morning with Mrs. Jones from Washington, and will remain till May 1. He will then Join the river and harbor committee to make an investigation of the conditions of the Ohio River. Some time In June he will join the irrigation committee of both houses, and make a tour of the irrigated districts of the West. It is- the desire of the Eastern members of this committee to witness the actual working of irrigation in the Western States New Police Commissioners. ASTORIA, Or.. April 17. (Special.) The-City Council at Its meeting this even ing adopted a resolution declaring the offices of Police Commissioners W. H. Barker and W. J. Cook vacant on ac count of those officials having moved from the city. The Mayor appointed Martin Foard to succeed Mr. Barker and Judge C. H. Page to succeed W. J. Cook. Both appointments were confirmed by the Council. Foard's term will expire on January 1. 1910, and Page's term will expire on January 1, 1908. Ten Years for Manslaughter. BUTTE, Mont., April 17. A Miner spe cial from Bozeman. Mont., says that George Garcelon was this morning sen tenced to ten years' imprisonment In the state penitentiary at Deer Lodge. Garce lon was found guilty of manslaughter In tho killing of Harry Corwin. at Bozeman, January 17 last. The punishment Is the limit Mrs. Diven, Assistant Librarian. OLYMPIA, Wash.. April 17. (Special.) Mrs. Lou Diven, -of Olympla, has been appointed assistant librarian for the Trav eling Library Department, at $75 per month. This is the position for which the Tacoma pioneer. Edwin Eels, was recommended by the Library Advisory Board, at $1000 per year. Sixty years of experience with Ayer's Sarsa parilla! Think of that! Think of the millions of ppople who have been cured by this medicine ! If despondent, down-hearted, discouraged, and almost ready to give up, this splendid old family medicine will prove the silver lining to your dark and dismal cloud. Ask your doctor. SCt4a tiy tke jr. C. Aytr C.. Xicvsll. 2Cm. . Jlsa sttsu6tetarr of AYZR'S XAI& TIGOX-Fftr the Mir. AYB&'S CORK CTOKAXr-?K GMgki, FINDS GOLD AT LAST Prospector's Years of Toil End in Rich Strike. QUARTZ AT $20,000 A TON M. h. Kiser, Who Patiently Fol lowed Vein Far TJpr Mountain Side, Sees Stampede for Stites' Gulch Claims. ' BAKER CITY, Or., April 17. (Special.) M. L. Kiser, president and manager of the Cardinal group of mines, situated at the head of Stites Gulch, came to the city last night and today exhibited a hatful of quartz that was brimful of free gold. The sample exhibited, it is estimated, would probably give an average assay of fully $20,000 per ton. This morning there has been a stam pede of excited, fortune-seekers hastening to the locality, armed with location cer tificates and high expectations. The Cardinal Mining Company Is incor porated and owns several claims. The officers are M. L. Kiser, O. B. Mount and Lee Bell, all of whom are "heavy stock holders. The strike occurs on the divide Which separates the rich placers of Pine Creek, on the south, and the equally rich placers of Stites Gulch, on the north. It Is ten miles south of Baker City, between the Bridgeport and near the Baldy-Mountain roads. Kiser has exhibited wonderful patience and perseverance for many years la pros pecting this locality, and It is to be hoped that this- strike will prove to be worth the years of privations he has suffered. Kiser worked" placers In Stltea Gulch 12 .or 15 vcars aco. and he cot It Into his Tioad that the -placer gold came from some ledge on the mountain, so he piped the loam up the mountain side as far as he could get gold. He came upon a big quartz ledge, beyond which he could not slice another color. Into this quartz ledge he drove 700 "or S00 feet of drifts and tun nels. It Is In this tunnel, which Is over 500 feet in length, that the strike of yes terday was made. The placers of Stites Gulch are owned by Sheriff Brown and Kenyon. The Pine Creek placers are those sold last Summer for a big figure by W. F. Patterson. Dr. Shields, Dr. Mc Danlels and Fred Epplnger. PULL UP FISH - TRAP PILES Fishermen Destroy the Gear Outside Disputed Hanburry -Line. ILWACO. Wash.. April . 17-(SpecIal.) The final chapter in the Baker's Bay fish trap fight occurred Saturday afternoon when a crowd of angry fishermen pulled the plies marking the locations of the dis puted traps outside the Hanburry line. No resistance was offered by the loca tors, and there was no disorder or con fusion. Late in the afternoon nearly 100 fishermen assembled on the water-front, all In fishing-boats. Rowing down the ijay to a point where some men were re pairing their traps, they took possession of two pile-drivers, and quickly pulled the stakes. Returning the drivers to . the owners, they quietly dispersed. The attempt to locate the traps several weeks ago. In disregard of the old Han burry line, and in open violation of the well-understood ethics of the fishing world, has caused more trouble than any thing which has transpired for a number of years. In fact, it Is not since the squabble of ten years ago, when this same line was in dispute, and when the Fed eral troops chased the State Militia off the Sand Island reserve, that so much ex citement has been created or so much hard feeling engendered. Scarcely had the first pile been driven than plans were on foot to foil the at tempt to locate the traps, and from then up to the time that Major Langfitt finally decided for the nonextension of the line, the battle was carried continually on. Committees from the lower river waited on Major Langfitt, and while admitting that the extension of the line was under consideration, he declared that no action had been taken. Then came the decision of Major Lang fitt for the nonextension of the line, but the men who had driven the piles failed to remove them. The fishermen waited until the first day of the open season and then took the Initiative. The traps were located in the channel between the foot of Sand Island and Cape Disappointment. They extended some 900 feet further into the water, and would have effectually blocked fish from enter ing the bay. Thinks He Killed n Boy. ASTORIA. Or., April 17. (Special.) Peter Walde. who has been employed at the Lewis logging camp on John Day River, was brought to the city today, and will be examined by the County Board, tomorrow on the charge of In sanity. Walde Imagines that some one Is after him for the purpose of placing him under arrest on the charge of mur dering a boy In San Francisco some years ago. About two years aga he was af flicted in a similar manner, but after be ing treated at the hospital for a time he recovered. ATSjI'S PILLS For cotistipatlM. AYBR'8 AGUX CUSS For malAzil'ui cgM, STOP! WOMEN, AND CONSIDER THE ALL-IMPORTANT FACT That in addressing Mrs. Pinkham you re confiding your private ills to a woman a woman, whose experience with, wo man's diseases covers a great many years. You can talk freely to a woman when it is revolting to relate your private troubles to a man besides a man does not under stand simply because he is a man. Many women suffer in silence and drift along from bad to worse, knowing full well that they ought to have immediate assistance, buta natural modesty impels them to shrink from exposing them selves to the questions and probably examinations of even their family physician. It is unnecessary. "Without money or price you can consult a woman whose knowledge from actual experience is great. Mrs. Pinkham's Standing Invitation: Women suffering from any form of female weak ness are invited to promptly communicate with Mrs. Pinkham at Lynn, Mass. All letters are received, openea, read, ana answerea Dy women only. A woman can freely talk of her private illness to a woman; thus has been established the eternal confidence between Mrs. Pinkham and the of America which has never been broken. of the vast volume of experience which she has to draw from, it is more than possible that she has gamed the very knowledge that will help your case. She asks noth ingin return except your good-will, and her advice has relieved thousands. Surely woman, rich or poor, is very foolish if doos not take advantage of this generous offer of assistance. Lydia E. Pinkham Medicine Co., Lynn, Mass. Following we publish tvro let ters from a Troman who accep ted this invitation. Note the result. First letter. "Dear Mrs. inkham: " For eight years I have suffered something terrible every month with my periods. The pains are excruciating and I can hardly stand them. My doctor says I have ovarian and womb trouble, and I must go through an op eration if I want to get well. I do not want to submit to it if I can possibly help it. Please tell me what to do. I hone vou can relieve me."-Mrs. Mary Dimmick, 59th and E. Uapltol Sts., Banning .O., Washington,JJ.U Second letter. Dear Mra. Pinkham: 'After followine carefullv vour advice. and takinz- Lvdia E. Pinkbam's Vegetable Compound, I am very anxious to send you my testimonial, that others may know their valueand wnat you nave done tor me. YOU'LL BE STYLISHLY SHOD FOR If you buy your shoes here. Ours is the most extensive showing of high-class footwear in the city. Tans, patents and enamels custom comfort at ready made prices. Oxfords for men knd women every pair of a character that adds beauty and comfort to your feet. 283 Tans and patent for men. The brat The most pnoes at any price. If they were made to or der they'd not he more stylish and popular shades ot tans wide ties : larse va riety of styles. S3 and 3.fi0. comfortable. $3.50, $4.00 and $5.00. JThey act like ExerciseTB IN A WEEK xv farTi m. run la yory cut we undertake or charge no iee. uonsuiu we cuaranue & csre is fJ " -onnw vnrt i?k mailed fr In nlaia tion free. Miuni ewwiMuiu. Ve'cure the'worat casts of piles in tw o or three treatments, without operatloa. Core xuaranteed. - . . ,,-. If you cannot call at office, write for q uestlon blank. Home treatment succeaana. Office hours, S to 6 &nd 7 to L Bund ays and holidays, 10 to IX DR. W. NORTON DAVIS & CO. Office In Van-Noy Hotel. K'a Third sU cor. Plat Portland, Or . . ssHRraRrSBisaWRl Out any she " As vou know, 1 wrote you that m v doctor said I must have an operation or I could not live. I then wrote you, telling you my ail ments. I followed your advice and am en tirely welL I can walk miles without an ache or a pain, and I owe my life to you and to Lydia E. Pinkham's Vegetable Compound. i wish every sunenng woman wouia reaa this testimonial and realize the value of writ ing to you and your remedy." Mrs. Mary Uimmics, svtb. and ii Capitol StreeU, Ben ning P. O., "Washington, D. C. When a medicine has been successful in restoring to health so many women whose testimony is so unquestionable, you cannot well say, without trying it, " I do not believe it will help me." If you are ill, don't hesitate to eet a bot tle of Lydia E. Pinkham's Vegetable Compound at once, and write Mrs. Pink ham, Lynn. Mass., for special advice I it is free and always helpfu. - 285 MORRISON STREET $3.50 in all th late shape. Heels and to your tate. Wide silk ties. $3.50 and $4.00. HBBH W treat successfully all prlvau ner tous and chronic dlaeaaes ot pen. &Ua blood: stomach, heart. livr. kidney ani throat troubles. We cure STPHH.U (without mercury) to j stay cured lorey In SO to 60 days. We remove STRIC TURE, without operation or Vila, la U dlVe atop drains, the result of Belt-abuse. Immediately. We can restore the s&zuxl vigor of any man under M by means ot local treatment peculiar to ouraelvea. We Cure Gonorrhoea in a Week The doctors of, this InsUtule ah regular graduates, have had experlenc. have been known la Portland for 15 yeara, have a, reputation to oaain taln. aid will undertake no caje unltw certain cure can be effected. f wmn ' III 'i 1 s '! toes XV