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