6
THE 3IORNIXG OREGOXIAX, THURSDAY, JANUARY 11,. '190U.
ALLINGER WILL
PROBABLY RUN
Seattle Friends Urge Him to
Stand for Re-Election to
the Mayoralty.
PILES STARTS MOVEMENT
Fusion Between Municipal Owner
ship and Labor Union Factions
"Will Bc-Used to Fight Him
In the Campaign.
SEATTLE, "Wash., Jan. 10. (Special.)
Mayor R. A. -Ballingcr will probably bo
the Republican nominee for Mayor and
on the ticket will serve with him Cor
poration Counsel Scott Calhoun and Con
troller John Rlplinger. both of whom are
certain of renomination. The other nom
inations are in doubt.
The principal fight against Ballingcr's
re-election will be made by a fusion be
tween the Municipal Ownership and Labor
Union elements. If the Municipal Owner
ship crowd dictates the nomination,
George F. Cotterill will be the candidate
for Mayor. The labor loaders who arc in
a position to speak for their following
declare Cotterill is satisfactory to them.
But the labor leaders, If left to them
selves, would profer Matthew Dow, a
contractor; W. D. Wood, attorney, or
W. h. Moore, Democratic lawyer, ox
Judge and member of the State Legisla
ture. John E. Humphries, perennial candidate
and the man who precipitated the Munici
pal Ownership fight, wants to be nomi
nated for Corporation Counsel. The
Municipal Ownership crowd is trying to
drop him and may Induce the labor lead
ers to demand the place and shove Hum
phries aside. But as he started the agi
tation and paid early hall rent out of his
own pocket, Humphries is a hard man
to drop.
Files Urges Ballingcr.
Mayor Ballingcr has stated positively
that he will accept a renomination only
in the event It is shown him that he owes
a public duty which can only be fulfilled
by acceptance. United States Senator
S. H. Piles began the movement to con
vince Mayor Ballingcr that he was obli
gated in that way, and prominent Re
publicans have been working hard to con
vince the Mayor that he should take the
office.
In view of the fact that the fight
of the municipal ownorship-labor
union crowd is directed squarely
against the Ballingcr policies and that
the Mayor represents pretty much of
everything the fusion crowd docs not
he is pretty certain to yield and ac
copt a nomination. In fact, the prob
ability of his nomination is so strong
that it is hardly worth while counting
up the other Republican possibilities.
Councilman "William Murphy, a con
vert from Democracy of less than two
years standing, wants the Republican
nomination, but he wants it on a muni
cipal ownership platform. John F.
Miller was Mayor Ballingcr's choice
as his successor befor.e the pressure
on Ballingcr became so strong. Mil
ler is now principal Assistant County
Attorney and would only accept the
nomination in the event Ballingor re
fused it. There has been talk of forc
ing C- J. Smith, the man who managed
Senator Piles' fight, into the Mayor
alty nice, but Ma. Smith doos nut
want the office- He wants Mayor Bal
lingcr to keep it.
Fight to Be a Bitter One.
The question of the Republican nom
inations is really a serious matter for
the fight is likely to be a bitter one.
The indications are that the Repub
lican ticket will be elected, but al
most any complication could come of
the fusion between municipal owner
ship and labor factions.
The fusion crowd will hold a mass
convention on Saturday, January 20.
It is very probable that the loaders
of the two crowds will, in the mean
time, agree upon a slate. The muni
cipal ownership leaders are trying to
.arrange a ticket, but, of course, can
not agree unless the labor leaders arc
willing. They themselves are afraid
the situation will get away from them
if a programme convention is ar
ranged. If the labor loaders tried to do so they
could easily control the mass convention.
They can turn out hundreds of labor
union men who would fill the hall. If
forced Into a corner by municipal owner
ship eagerness for the offices the labor
leaders would very promptly order out a
big following of their own people.
Thus far the two factious have had no
trouble in agreeing. The labor leaders
claim they want a municipal ownership
man named for Mayor, insisting the while
that he must be someone satisfactory to
them. The labor leaders then want to
till up pretty much -of what is left of
the ticket.
Bid to the Suburbanites.
A. demand for municipal ownership will
be the principal feature of the platform.
There will be a few odds and ends
thrown in but they will not have the im
portant bearing that the municipal own
ership feature lias. In the outlying dis
tricts where car service Is bad this will
be a big card. Down town the labor
leaders arc expected to poll their trades
union vote to fill up.
A fight between John Clancy and Otto
Case, the latter County Clerk and chair
man of the Republican city committee,
occurred this morning. Case has insisted
Rll the way through on a big convention
r.nd opposed granting one delegate at
large for each city precinct. Clancy
voted with him In the committee, but has
since favored the apportionment whicli
was given. Case, smarting under defeat,
has been trying to induce the committee
to agree to reconvene and adopt the Case
apportionment plan. He Is said to have
harshly criticised Clancy and the latter
went to Case's office to chastise him.
Bevcral blows woro exchanged before
avputies parted 'them.
Clancy was for years, a strong power
m tenderloin-politics. In the last county
convention he 'headed a delegation that
was ejected because of- gross irregulari
ties in the conduct of the primaries. He
represents the First Ward on the city
committee, but has moved into the Third.
Clancy is now malting a hard fight to re
lain control of the First Ward politics.
CHINOOK OX Tins INCREASE
Comparison of Figures of Packs of
i
Two Years.
ASTORIA. Or., Jan. 10. (Special.)
A preliminary report issued by State Fish
Warden Van Dusen shows that while
there was a decrease in the amount of
Eilversldes and bluebacks 'packed by the
canneries on the Oregon side of the Co
lumbia River during tho year 1903, there
was a material Increase in the amount
of chinooks and steelhcads put up. Espe
cially, was this true regarding the steel
heads, the increase' being nearly 40 per
cent. . -
The sack of the various varieties of
salmon, as compared with the pack of
the previous year, is as follows:
Chinooks 1KM, 19.614,174 pounds; 1903.
20.76S.977 pounds, helng an Increase of
1,154,603 pounds.
Steelhcads 1904. 1.772.0S5 pounds; 1903.
2,797,215 pounds: Increase. 1,023,143 pounds.
Sllversldes 1904. 1,238,375 'pounds; 1905,
478.119 pounds; decrease, 1.0S0.2E4 pounds.
Bluebacks 1904, 52LC99 pounds; ,1903,
3S0.877 pounds; decrease, 140,722 pounds.
Tules-1904. 62,435 pounds; 1905, 356.3S0
pounds; increase, 93.955 pounds.
Total. 1904, 23,32S,75S pounds; 1903, 24.5S1,
671 pounds. Total increase, 1,052,913
pounds.
-BIGAMY
CHARGE IS MADE.
Warrant Out for Mrs. Elliott, Who
3Iarried Insane Husband's Nurse.
SAX FRANCISCO. Jan. 10. (Special.)
Florence O. EllIott-McMabon, who mar
ried her insane husband's nurse, Charles
N. McMahon, was charged with bigamy
this afternoon. A warrant for her arrest
was issued this afternoon by Police Judge
Cabaniss at the Instance of G. Rockcll.
a former business associate of the Elliott
woman.
Mrs. Elliott fell in love with -her hus
band's nurse, Charles McMahon, shortly
after hor husband was declared insane,
and she secured a divorce. Before the
year had elapsed necessary to make the
decree effective, she went to Portland
with McMahon, where they were married.
WANT A HOP INSPECTOR
IjANE COUNTY GROWERS ARE
TIRED OF REJECTIONS.
Agitating the Matter of Securing
legislation on Subject May
Form un Association.
EUGENE. Or., Jan. 10. (Special.) A
uumbor of hopgrowers of this vicinity arc
agitating the matter of securing legisla
tion to bettor some of the troubles of
hopgrowers. A meeting will be held here
soon and an attompt made at organizing
an association for the benefit of the in
dustry. One of the worst complaints against the
dealers, for which it Is believed relief
might be had by legislation, is in the
matter of rejections upon inspection. On
this point the plan Is to secure a law
providing for a state Inspector, whose
duty it would be to inspect and grade all
hops and brand the grade on each bale,
so that sales would be made upon this
inspection and the common complaints of
dealers, after they have bargained for a
purchase, would be "wiped out.
It has been a cause of much provoca
tion to the growprs the way the Inspect
ors usually act when "going through" a
lot of hops. They will throw out a num
ber of bales from some lots without
cause and make all kinds of complaints:
and, if the market has weakened since
the bargain was made the grower con
fidently expects that the hops will be
called "broken." "high dried," "slack
dried." "mouldy." etc., and If nothing else
is complained of then "not up to sample"
Is the charge that turns down many
bales. The growers think this one of the
first things that should be corrected by
legislation.
It is proposed to have similar organi
zations in other parts of the state and
to form a state federation for mutual
good and to accomplish unity of effort on
all important matters.
TIIOMS OWES THE LEAGUE.
Said to Have Used Over $3000 of
Anti-Saloon Money.
SEATTLE, Wash.. Jan. 10. (9pecIal.)-J.
C. Thorns, ex-superintendent of the Anti
Saloon League, for several years a well
known figure at political conventions and
legislative sessions, owes the league
$3103.34. Two Judgments for that amount
were secured on behalf of the organiza
tion today. - r
Officers of the league claim that Thorns
claimed to have allowed his wife ?15W as
his assistant in office work, but failed to
account for the remainder of the money.
When the discovery of the shortage was
made Thorns was allowed to go without
criminal proceedings being instituted. He
went to Alaska for some time, but sub
sequently returned and is now In the East.
The society claims the judgments will
be held, and If Thorns acquires any prop
erty an effort will be made to enforce
them.
Thorns is the man who. during the legis
lative session of 1903, made a vicious at
tack upon one of the Senate committees.
He preaclfed a sermon that provoked a
heated session between himself and tho
committee the following day. During the
course of that conversation Thorns re
tracted. FRUITGROWERS INTERESTED
Large Attendance at the North
Yakima Meeting.
NORTH -YAKIMA, Wash.'. Jan. 10.
(Special.) The attendance at the fruit
growers meeting today was larger than
the capacity of the building. Unusual In
terest is shown in the convention by the
people of Yakima and those In attend
ance from -other places. Among those
who talked today before the convention
were W. H. Paulhamus, pf Puyallup,
president of the Puyallup and Sumner
Fruitgrowers' Association.
Other speakers were Professor S. Jennc
and Melander. of the State College at
Pullman. Their subject was the codling"
moth In Yakima. These men had spent
the Summer here studying this pest and
the best means of fighting 1U They gave
many valuable pointers to the growers on
this point of the business.
The treasurer's Tcport today shows that
$142 had been received and various ex
penditures had left a balance of $75.
There are 191 members in good standing.
Victim Thrown Under Train.
LOS ANGELES, Cal., Jan. 10. Evldont
ly the victim of thugs, an unidentified
man was found lying in an unconscious
condition across the Salt Lake railroad
tracks east of the Macy-strect bridge to
day with several lacerations on the scalp.
Robbery Is said to have been the motive
for the deed.
While the police have no clews upon
which to work, they arc satisfied that the
deed was that of highwaymen, who. after
believing their victim dead, threw his
body across the tracks to be mangled by
the first passenger train that entered the
city.
Asks for Second Federal Judge.
BUTTE, MonL, Jan. 10. A Miner spe
cial from Helena states that the Montana
Bar Association this nftnrnnrm n.tnni
pa resolution indorsing United States Sen
ior j. nomas xx. carters bill providing
an additional Federal Judge for Montana.
The association, however, takes tho
ground that the bill should pot provide
for the division of tho state Into two Fed
eral court districts, and recommends that
change in the proposed measure.
Cannery Will Be Enlarged.
ASTORIA. Or., Jan. 10. (Special.) The
Columbia River Packers Association is
entirely rebuilding its cannery at Eureka,
on tho north side of the river, and when
completed the plant will be one of the
largest on the Columbia. The cannery will
be equipped with the latest ineproved ma
chinery and will have a norjal dally ca
pacity of 1500 cases.
THREATS ON LIFE
Senator Heyburn Has Received
Several Warning Letters. '
IS-NOT GREATLY ALARMED
Idaho Authorities, He Believes,
Should Run Down Dynamiters
and Those Who Menace
Citizens of the State.
OREGONLVN NEWS BUREAU, Wash
ington, Jan. 10. Senator Heyburn. it is
learned today, has received several letter
of warning similar to those sent to Gov
ernor Stcuijcnbcrg, and, while not person
ally alarmed for his .safety, believes the
state authorities should run down the dy
namiters and those threatening prominent
citizens of Idaho.
CLIENT IS IN A BAD FIX
Lawyer Miller Will Appear for Or
chard at Hearing Saturday.
BOISE, Idaho, Jan. 10. (Special.) The
preliminary examination of Harry Orch
ard, accused of tho murder of ex-Governor
Steunenbcrg, will be held at Cald
well Saturday morning at 10 o'clock. The
defense asked to have It postponed for a
week, but after a conference of the prose
cution here tonight it was determined to
proceed with It Saturday.
The chemists have not quite finished
their work and will not be ready until
Friday, night.
Attorney Fred Miller, of Spokane, who
is to defend the prisoner, said today:
"I am in no hurry in this matter. As
far as I have learned thero has been no
evidence gathered against this man that
cannot be refuted when the right timo
comes. The detectives are making all
kinds of bluffs. They will never get evi
dence enougii to convict this man. I'll
admit the man is in a bad fix and that
it will be hard work to clear him. The
reward offered is so big that it has evi
dently tempted some of the officers to
strain a few points."
Mr. Miller came to Boise on the after
noon train. The reason he had for com
ing was that he wanted to "see the city,"
buthe later admitted that one of the
objects of his trip is to procure the ser
vices of a resident attorney. The exhibits
now, being analyzed in Boise by Chemist
Jones consist of powders and liquids sup
posed to be of explosive nature. Some of
them were found In Orchard's valises and
trunk, others were found in the room of
the suspect and others were found at
other places, particularly a certain
whitish powder, found near the scene of
the explosion that caused the death of
the murdered man.
It Is hinted that these exhibits, after
being analyzed by the expert, will prob
ably be the most Important evidence
brought forward in the preliminary exam
ination by the prosecution. It will be the
aim of County Attorney Van Duyn to
hold back the most important evidence
collected against Orchard until the actual
trial commences, presenting only enough
to insure the prisoner's being held over
for trial in the District Court. The Prose
cuting Attorney and his associates have
no doubt but that the prisoner will be
bound over.
The defense will not waive the exami
nation, as was previously announced.
Miller will undoubtedly put up a strong
fight In behalf of Orchard, not with the
hope of getting his client released, but
with the hope of drawing out as much
as possible the evidence in the hands of
the prosecution.
On account of the meager seating ac
commodations of Judge Church's court
room another place may be chosen for
holding the preliminary- If not. a large
percentage of the general public will be
barred from the proceedings.
After a long conference with the Gov
cmornd others tonight. James McPar
land. detective from Denver, raid he
thought a strong case had been made.
Defense Asks for Time.
BOISE, Idaho, Jan. 10. The defense in
the case of Harry Orchard, accused of as
sassinating ex-Governor Steunenbcrg, has
asked for a postponement of the prelim
inary" hearing for a week. It has not been
acceded to, but attorneys for the prosecu
tion are holding a conference here tonight
for the purpose of determining when to
proceed. The chemists have not complet
ed the analysis of the powder and other
materials found In Orchard's room at
Caldwell, after his arrest, and It is
thought the hearing will bo postponed a
short time on that account." It was an
nounced for tomorrow, but It will not be
held before Friday, and perhaps not this
week.
James McPartland arrived here this
evening from Denver. He is In conference
with the Governor tills evening. It Is the
understanding that the famous detective
was asked to come here to give advice In
the situation and assist In arrangements
for entering the force of men at work,
so the alleged conspiracy may be run
down in all Its ramifications.
FIVE m BRANCH LIKES
SNAKE RIYER RAILROAD WILD.
BUILD IN THREE STATES.
Amended Articles of Incorporation
of the Road Arc Placed on
File in Olympla.
OLYMPIA, Wash., Jan. 10. (Spe
cial.) Amended articles of incorpor
ation filed here today provide for the
building of five branch lines or ex
tensions by the Snake River Valley
Railroad Company In Washington,
Oregon and Idaho. The company Is
an auxiliary of the O. R. & N., or Har
riman lines. The amended articles
specify 14 branches or extensions, but
nine of theso were specified In amonded
articles filed in 1S99 and have been
either constructed or surveyed. The
five new lines will bo built as fol
lows.: From tho mouth of the Salmon
River, Idaho, thence following the val
ley of the Salmon RIvor to tho con
fluence of the Salmon and Lemhi
Rivers; thence along the valleys of th.
Lcmhl River and its tributaries In a
general southerly direction to a point
at or near the summit of Bannock Pass
through the Bitter Root Mountains
in Lemhi County, Idaho.
From a connection on the O. R. &.
N. at or near Baker City, Or., thence,
in a general easterly direction to a
point on the Powder River at or near
the town of Keating; thence along
the valley of the Powder River to a
connection with the constructed rail
road of the O, R. & N. at a point be
tween Tclocassct and .Haines.
From a connection with tho O. R. &.
N. at or near Milton, Umatilla County.
Or., thence southerly by the most el
igible route to a point on the Grand
Ronde River at or near Elgin.
From a connection with the O. R- &i
N. at or near Bingham Station, Uma
tilla County, Or., thence along the
Umatilla River by the most eligible
route to the summit of the Blue Moun
tains, and thence by the most eligible
route to a point on the Grand Rondc
at or near Elgin.
From a connection with the O. R. &
N., at or near Colfax. Wash., thence
by some eligible route in part via the
Palouse River to a connection with the
O. R. & N. between Diamond and End
Icott. The only new Washington lino
namccL the last In the list, is a short
cutoff designed to avoid a heavy grade
near Colfax. The amended articles
were adopted January 6.
HART AND BURNS MATCHED
Will Fight for Heavyweight Cham
pionship In Los Angeles.
BUTTE. Mont.. Jan. 10. Arrange
ments for a match between Marvin
Hart and Tommy Burns, for the heavy
weight championship of the world,
were completed In this city today. The
bout will be pulled off before the Pa
cific Athletic Club In Los Angeles, Feb
ruary 24.
Pat Callahan, a miner, will meet Hart
in this city next Monday in a four
round bout, tho champion to dispose of
the miner in that time or forfeit $100.
GAMBLING IN FULL 11116
TACOMA SPORTS GET OVER
. THEIR SCARE.
When Grand Jury Adjourns Black
jack, Poker and Kcno Tako
in the Dollars.
TACOMA. Wash..- Jan. 10. (SpcclRl.)
Open gambling Is again In full swing
after a suspension of Just ono week.
FearCul that the grand jury would return
indictments against them all, wme of the
gamblers closed Monday night of last
week, while others remained open until
Tuesday night.
This simultaneous shutdown showed
that orders came from the same source
that has permitted them to run night and
day for many months. Those open for
business last night arc: Sandberg's Phc
nlx club rooms and dancchall, the Horse
shoe club, the Warwick, the Globe and
tho Silver Dollar. Poker and blackjack
games were In full operation today and
were well patronized. The keno game In
the basement of the Silver Dollar saloon
last night tacked up the signs that were
removed a week ago and again started
the "goo?3" to rolling.
YAKIMA PROJECT IS ASSURED
Conditions Imposed by Secretary
Hitchcock Have Been Met.
NORTH YAKIMA. Wash.. Jan. 10.
CSpccItrt.) James H. Frascr. chairman of
the Yakima Commercial Club committee
on the adjustment of the water rights In
Yakima and Kittitas Counties, sent the
following telegram to Congressman Jones
this afternoon:
"Absolutely ours, with contracts signed
and approved. Some work to be done
at Prosser and Kittitas still. Engineer
Jacobs will recommend."
The delay In sending this telegram was
"due to the fact that engineer Jacobs was
out of town Tuesday. The matter had to
be submitted to him for approval. It re
ceived his approval and he has forwarded
Jo Washington his report on the present
status of the Yakima irrigation projects.
Mr. Jacobs says the Yakima project is
practically assured. This expression of
opinion Is a little In advance of any yet
given out. Mr. Jacobs said today that
the story that Yakima had been aban
doned Is far from the truth. It Is Just
now in better shape than ever before
for the approval of Secretary Hitchcock.
The Secretary approved the Yakima
projects conditioned on the carrying out
of certain requirements. These require
ments havo practically all been met by
the Yakima people.
Pcnnebakcr Made Postmaster.
WOODBURN, Or.. Jan. 10. (Special.)
William P. Pcnnebakcr, who has been as
sistant postmaster here for the past
eight years, received his appointment
from Washington today as postmaster at
Woodburn. vice Walter L. Tooze. who re
signed the position a month ago in order
to give his undivided attention to his can
didacy for Congressman In the first Con
gressional district. The department
mraked Tooze's past eight years' record
as postmaster Al.
Pennebaker was recommended for post
master by Tooze. State Chairman Frank
C. Baker. County Chairman Charles A.
Murphy, State Committeeman Hal D.
Patton. Precinct Committeeman R,. M.
Hicks and Senator Fulton. On account of
his past services Postmaster Pennebaker
deserved the promotion and Is a compe
tent man.
The Late SmibcI A. Getitet.
CERVAIS, Or. Jan. 8. (Special.)
Samuel A. Goulet, aged nearly 90
year, died at hlx home here this
mornlnu at 3 o'clock after a brief
lllncfs. Mr. Goulet was tyra in
Montreal. Canada, and emigrated to
Michigan when only IS year of age.
He cam o to Oregon and settled on
French Prairie, In the year 1S32. Ho
was married to his surviving wife 63
years ago last July In Michigan be
fore coming to Oregon. He was not
One of the qld Hudion'i Bay em
ploye, but came to Oregon to found
a home for hla family. Besides his
wife, he, leaves a family of Ave chil
dren, as follows:
P. P. Goulet.' of Brooks; Fred
Goulet, of 405 Flint street. Portland:
Mrs. Marr Ellen Manning, of Mount
Angel; Mrs. Minnie Murphy, of 443
Eat Stephens street. Portland, and
W. H. Goulet. of Woodburn. His
wife, who surrlve htm. is aged SJ.
I LIVED NEARLY NINETY YEARS. I
JANUARY
SALE
COUCH COVERS
PORTIERES
A general clearance sale of medium
price Portieres and Couch Covers in
great variety of floral, Oriental and
other adaptable patterns, and in the
most effective colors and combin
ations. Many of these in the latest tapestry effects, with and without
fringes; others in art burlap with real leather applique. Full length and
full width reversible Couch Covers in well-set patterns and appropriate
colorings. A comparison of the regular and special prices is convincing
of the clearance sale values.
PORTIERES
Reg. value $2.50 pair, spec'l, ?1.50 Reg. value. $5.50 pair, spec'l, ?3.00
Reg. value $3.50 pair, spec'l, $2.00 Reg. value $6.00 pair, spec'l, $3.25
Reg. value $3.75 pair, spec'l, $2.10 Reg. value $6.50 pair, spec'l, $3.50
Reg. value $4.00 pair, spec'l, $2.25 Reg. value $7.00 pair, spec'l, $3.75
Reg. value $4.25 pair, spec'l, $2.35 Reg. value $7.50 pair, spec'l, $4.00
Reg. value $4.50 pair, spec'l, $2.50 Reg. val. $10.00 pair, spec'l, $5.50
Reg. val. $12.00 pair, spec'l, $6.75
COUCH COVERS
Reg. value $3.75 each, spec'l, $2.00 Reg.- value $5.00 each, spec'l, $2.75
Reg. value $4.00 each, spec'l, $2.25 Reg. value $5.50 each, spec'l, $3.00
Reg. value $7.25 each, spec'l, $4.00
THURSDAY
CDE'S WAY BLOCKED
Must Look to Legislature for
Electric Road Franchise.
SPARKS GIVES OPINION
Clark Comity Attorney Says the
fright to Grant Such Privilege
31ns Never Been Granted
County Commissioners.
VANCOUVER, Wash.. Jan. 10.-(Spc-clal.)
For th past few months the
County Commissioners of Clark County
have been considering the granting of
franchises to electric railway companies
upon the public roads. Two companies
have been eagerly seeking to get fran
chises through the county for the pur
pose of building and operating a road,
one the St. Helens Public Service Com
pany, backed by Dr. Coe. and the Van
couver & Suburban, In which local peo
ple are Interested. The question as to the
legal right of the County Commissioners
to grant a franchise was questioned.
Today Prosecuting Attorney W. W.
Sparks rendered an opinion In which ho
declares that the Washington Legislature
alono has the right to grant, a franchise.
The opinion addressed to the Board of
County Commissioners, Is as follows:
Replying to your query "Has the Board
of County Commissioners of the County
of Clark, State of Washington, the right
to grant to a railway company a fran
chise to lay down, relay, construct,
maintain, equip and operate an electric
railway In and upon the public highways
of the county?" will say that I am ot
the opinion that such power is not vested
in the Board ot County Commissioners.
It would seem apparent that a Board of
County Commissioners In this state has
no power to grant any such privilege or
franchise as Is asked for by the com
panies petitioning therefor. The Board
has, under our statute, power to lay out,
discontinue or alter county roads or high
ways within their respective counties out
side of incorporated towns or cities.
The privilege to build and operate an
electric railway Is, In my judgment,
wholly foreign to any express or implied
power conferred by statute. The power
to grant a franchise such as Is asked for
In this case must be derived from the
Legislature. Our Legislature has. in no
Instance, given Boards ot Commissioners
this right.
The general principle of law Is settled
beyond controversy, that the agents, of
ficers, or even City Council of a munici
pal corporation, cannot bind the corpora
tion by any contract which is beyond tho
scope of its powers or entirely foreign to
the purposes of the corporation, or which
(not being legislatively authorized). Is
against public policy. The duties of pub
lic officers being prescribed by statutes,
any act ot theirs not so prescribed would
be illegal. The opposite doctrines would
be fraught with such danger and accom
panied with such abuse that it would soon
ond in the ruin of municipalities, or be
legislatively overthrown.
Mr. Sparks in speaking of the matter
today said that he had asked the opinion
of the Attorney-General about the mat
ter and expected to receive a reply very
soon.
Dr. Coe. of the St. Helens Public Ser
vice Company, spent a good part of tho
day with the Commissioners, but noth
ing of any consequence resulted from the
conference. The Commissioners adjourned
this evening and laid the matter over un
til some future date.
Clackamas Fruitgrowers Bally.
OREGON CITY. Or.. Jan. 10. (Special.)
The Clackamas County Horticultural
I Society has arranged for- a fruitgrowers'
FRIDAY
'
rally to bc hold at the county Court
house In this city Saturday. January 20.
At that time the following programme
will be gh'en:
The San Jose Scale and Best Methods
of Checking It." County Fruit Inspector
J. H. Reld; "The Old Apple Orchard."
H. M. Williamson, editor Rural North
west: "Applcgrowlng in Clackamas
Counts'." J. W. Grasle. Milwaukle;
"Spraying." Wilbur K. Newell. Horti
cultural Commissioner. First District.
RURAL 'PHONE AIDS CAPTURE
Ex-Convict Attacks Defenseless
"Woman in Whitman County.
GARFIELD, Wash., Jan. 10. (Special.)
Mathias Garrant was arrested by Con
stable James West today and charged
with attempting criminal assault on Mrs.
Malcolm St. Clair. Judge Bcntley held a
preliminary hearing at which the defend
ant pleaded guilty to the charge and In
default of $1000 bonds, was taken to the
County Jail.
Early today a message came over the
rural telephone line that a man had
stopped at the home of William St. Clair
for something to eat, and seeing no man
about the premises he had attempted the
assault. Mrs. St. Clair, after a hard
fight, finally got him out of her house.
Then he started on toward Garfield and
stopped at the Phelps ranch. Mrs.
Phelps, having a gun at hand, pointed It
at the hobo and would have blown the
top of his head off. but the criminal made
a hasty retreat towards Garfield. When
a mile out from town, the Constable
captured him.
Garrant claims to be a native of Can
ada and says ho has been out of the
Montana penitentiary but three weeks,
where he has been confined for two years
for committing a similar crime.
FINE HOSPITAL- FOR ALBANY
Palatial Home ot the Ijato Father
Mctnycr to Be Used.
ALBANY, Or., Jan. 10. (Special.)
What will perhaps be tho best hospi
tal in the state, outside of Portland,
will be established In Albany soon. The
announcement was made today, and
puts an end to speculation as to what
would become of the palatial residence
of the late Father Louis Metayer, of
the Albany Catholic Church, who willed
all his property to his private secre
tary, F. C. Dcvlne, of Portland.
Mr. Devlne today consummated sale
of the property to Rev. Father Lane,
Mr. Metayer's -successor, who will turn
the structure Into a hospital. It Is by
far the finest building of Its kind in
Albauy.
LOGAN JURY CANNOT AGREE
Oakland Deacon Eloped "With Sun
day School Pupil to Oregon.
OAKLAND. Cal., Jan. 10. The Jury
In the case of Deacon Henry A. Logan,
of the Free Baptist Church, who, was
accused of enticing- his Sunday school
pupil, H-ycar-old Ethel Cook, away
from home, Inducing her to go to Med
ford, .Or., after being out all night
failed to agree and were discharged
this morning-. The Jury stood six to six.
"Weston Hay "Warehouse Burned.
WESTON. Or.. Jan. 10. (Special.)
Fire last night destroyed the Indepen
dent hay warehouse, valued at $1300,
owned by D. F. Lavender. The insur
ance is $600. The building contained
about 350 tons of baled tltnothy, worth
about 54000. partly Insured. Incendiar
ism is suspected.
JudgcRyan Heads Delegates.
OREGON CITY. Or,. Jan. 10. (Special.)
County Judge T. F. Ryan. H- E. Cross,
C. II. Dye. J. C. Zlnser and J. IT. Camp
bell have been appointed delegates by the
Oregon City Board, of Trade to attend the
meeting of the Oregon Development
League at Portia ml January-12-13.
SATURDAY
SU3IAS CITIZENS THREATEN
WOMAN "WHO HOUSES TERRY.
"Whatcom Sheriff Becomes Alarmed
and Takes His Prisoner Over
Border for the Night.
BELLINGHAM, Wash.. Jan. 10. Sheriff
Williams, of Whatcom County, In order
to escape mob violence to his prisoner.
Jake Terry, went across the international
boundary line at Sumas, 20 miles north
of here, and spent last night in British
Columbia. Terry was a notorious char
acter and claims to be in touch with
several well-known bandits of the North
west. He was arrested yesterday on a
charge ot having stolen a gun Christmas
day. when. It Is alleged. Terry threw
Gus LInley, husband of Mrs. Llnley, out
of the house and kept a crowd of Sumas
citizens at bay with the weapon he Is
accused of stealing.
Alleging he could get bond at Sumas.
Terry was yesterday taken there by tho
Sheriff. He failed, however, and was no
tified by citizens to leave town. The
officer became uneasy for the safetj of
his prisoner. The crowd notified Mrs.
Linley to leave town or accept the alter
native of receiving a coat of tar and
feathers. Llnley. her husband, was
brought to Belllngham today and is 111
at a hospital.
Terry Is again in jail here. Feeling
runs high at Sumas. where a meeting
will be held tonight to consider the caso
of the woman.
GOES "WITHOUT ANY REASON
Mystery or Disappearance of T. J.
t Cockerel, of Albany.
ALBANY, Or., Jan. 10. (Special.)
Thomas J. Cockerel, for several year9
local agent of the Corvallls & Eastern
Railroad in Albany, mysteriously dis
appeared last evening, and all efforts
to secure trace of him have proved un
availing. 7o reason for the disappear
ance can be given. Cockerel left a
note addressed to Managor Con Sulli
van, of the Corvallis & Eastern, stat
ing that when Sullivan read the note
Cockerel would be 1000 miles away.
Cockerel -was a young man, indus
trious and of disposition that made him
popular among his fellows. He spent a
part of the afternoon yesterday -with a
friend, another railroad man, from
Southern Oregon, and they were last
seen together last evening about 10
o'clock. The missing man was about 28
years old and unmarried.
APPEALS TO HIGHEST CpTJRT
Seattle Advertising Doctor Is Out on
$500 Bail.
OLYMPIA. Wash., Jan. 10. (Spe
cial.) The Seattle advertising doctor.
O. V. Lawson,' whose judgment of con
viction for practicing medicine with
out a license was recently affirmed by
the Supreme Court, today secured an
order for a writ of error on appeal to
the United States Supreme Court. The
State Supreme Court also Issued an
order admitting Lawson to $500 bail
pending determination of his appeal.
In the United States Supreme Court
Lawson will raise the question of tho
constitutionality of the law under
which he was convicted, alleging It
deprives him of his property without
due process of law and Is class legisla
tion, all in contravention of the 14th
amendment to the Constitution of the
United States.
TO CUKE A COLD IN ONE DAY.
Take LAXATIVE BROMO Qulnlsa Tablets.
Irsglata rerun 4 money If it falls to care.
. Hr. GROVE'S iHtsn is oa box. ate