THE MORNING OBEGONIAJT, THTJR8DAY, FEBRUARY 8, 1906. ACT IS MANDATORY County Health Officers to Be Appointed Under New Law. LATEST OFFICIAL RULING Opinion Given at Request of State Health Board Plums to Fall to Lucky- Physicians. SALEM, Or.. Feb. 7. (Special.) Attorney-General Crawford today ren dered an opinion holding that It Is man datory upon county courts to appoint count' health officers under the provis ions of the act of 1905. That act declares that tho County Judge and Commission- ers shall constitute a County Board of Health and shall employ a secretary, who must be a graduate of a reputable medical college and a regularly licensed physi cian. The secretary shall be tho health officer of the board and shall receive from the county quarterly V& cents per capita for the population of the county up to 60,000 people, the population being determined by multiplying the number pt children of school age by four. As this compensation will amount to 6 cents per capita per year, the office cre ated by that act will be a desirable one in a number of counties of the State. The same act requires the City Council of every incorporated town to employ a health officer at the same rate of compen satlon. No county can pay Its health officer Jess than 5100 a year, and no city or town less than $10. Bo far none of the counties seem to have paid any attention to the law, but as this opinion was rendered at tho request of the Secretary of State and Board of Health, it Is probable that County Courts will be compelled to ob serve 1L Attorney-General Crawford says that mandamus proceedings can be brought to compel County Courts to act under the Jaw. The duty of the Health Officer ,1s to Jteep vital statistics, see that regula tions of the State Board of Health are observed and look after the general health conditions of the county or city. CALLS JOHNSON MAD MULLAH Citizens' Committeeman Deserves No Attention. ' TACOMA, Wash., Feb. 7. (Special.) -"The idiocy of Johnson's so-called defy ought, I think, to be apparent to liny unbiased mind," said Mayor Wright when asked if he had anything to "say in answer to Harvey L John con's open letter to tho public Con tinuing, he said: "The entire article is a reflection on the court and the prosecuting attorney, as "well as on the city authorities. We never er pressed any dissent to the calling of a grand jury In the first place, and I "was disappointed when it was dis charged at the request of tho commit tee of 12, of which Johnson was the controlling factor. "How this Mad Mullah of politics could hoodwink, deceive and make fools of a number of business men whose names were lent to his support and whose names gave an air of re spectability and strength to his ac cusations remkins for those jaen, to cxpIahT'to themselves and' to' the gen eral public. "A man's own self-respect keeps liim continually answering these insin uations. No charges are made. I think it was up to the other people to ex plain." REFERENDUM IS ATTACKED. Decision in Los Angeles Case Will Be Far-Reaching. SAN FRANCISCO. Feb. 7. City At torney Matthews of Los Angeles,, ap peared yesterday before the Supreme Court en banc to argue the case of ex par to Andrew Pfahler, who was up on a writ of habeas corpus, having been ar rested for violating the slaughter-house ordinance passed as a result of the in itiative and referendum by which the charter permits citizens to start a move ment leading to legislation. Tho court refused to entertain argu ments, but it will take the matter up on briefs within 20 days. Attorneys were present representing other cities which have charters contain ing provisions similar to that attacked In Los Angeles, among them being Oakland and Sacramento. The States of Oregon, Montana and South Dakota also provide for the Initiative, so that the decision in this case will bo far-reaching. The contention is made that the Consti tutions of the United States and Cali fornia were -violated by delegating to the people the lawmaking power which be longs to the Legislature. BETTER- ROADS FOR YAMHILL. Convention at McMinnvllIe Advo cates More Attention to Highways. McMINNVn.T.n, Or., Feb. 7. The Good Roads Convention held in this city yes terday was well attended and several ad dresses, all tending for the betterment of tho roads in Yamhill County, were de livered at both morning and afternoon sessions. The sentiment was commonly expressed that Yamhill County could profit by pay ing attention to the public highways and stringent measures wero strongly advo cated. It Is declared the speeches, by au thorities, who understand roadbuilding and the resultant benefits to both city and country, hy maintaining good public roads, will result in more emphatic measures by the county authorities. Judge Magers, of Portland, former Coun ty Judge of Yamhill County, was present and delivered an Address at the morning session. SECURING RIGHT OF WAY T. H. Supple of O. C. & E. Railway Co., Visits Toledo for Purpose. TOLEDO, Or.. Feb. 7. (SpeciaU-s-T. H. Supple, of Portland, is in the city as a representative of the Oregon Coast Sz Eastern Railway Company, it being his business to. secure the right of way and subsidies for the proposed line through Lincoln County. This road will tap large bodies of the finest timber on the Coast, principally In the SHetz and Alsea, Bay districts of this county. Citizens of this locality arc gener ally Inclined to regard the project as a reality. HASTEN TO PAY THEIR TAXES Y Linn County Property-Holders Have Plenty of Money. . ALBANY, Or., Feb. 7. Special.) Sher r iff R. L. White has begun the collection of Linn County's taxes for 1905 by issuing to himself the Krst tax receipt. The Sheriff paid the taxes -ea the fes owned by every member of his family, asd then began Issuing receipts to the many people who were waiting to clear their property of all taxes. Never before have there been so many people chafing under a wait until time to pay taxes. In times past the Tax Collec tor was persona non grata in the com munity, but this year Linn County's pros perity Is attested by the hundreds who have been viBltlng the Sheriffs office for the past two weeks asking that they might pay their taxes, only to be refused because the roll was not yet ready for the collections to begin. Now, however, the work of collecting Linn County's taxes is progressing rapid ly, many people taking advantage of the' rebate offered under the law ifor early payments. JAILBIRD ORDERS CLOTHING E. Adams, Assay Office Thief, Con sults Tailor in Cell. SEATTLE, Wash., Feb. 7. (Special.) George Edward Adams, ex-cashier of the Seattle assay office, who embezzled a quantity of miners' gold that the secret service officials have never been a.ble to correctly estimate, will be fitted in his prison cell with a new tailor made suit. Mrs. Adams brought the samples from which he picked his new clothing and then his tailor was given the order. "The clothes are to be deliv ered soon. Though Adams is facing a practically certain sentence for embezzlement he is as fastidious in his dress while In prison as ne was when cashier of the assay office. He complained about bis old clothing and the order to the tailor was given to satisfy his taste in dress. 5 INSTITUTES TO BE HELD IN ROGUE RIVER. VALLEY. Conventions Called hy State Agricul tural College for This Month. Stockmen "Will Participate. GRANT'S PASS, Or., Feb. 7. (Special.) Dr. James Withycombe, director of the Oregon State Agricultural College, assist ed by the college institute staff and Wil liam Schulmerlch, the well-known dairy man of Washington County, will hold a series of eight farmers' institutes in Rojrue River Valley, as follows: Central Point. Tuesday, February 13, with after noon and evening sessions; Eagle Point. Wednesday, February 1 with forenoon, afternoon and evening sessions; Talent, Thursday, February IS, with forenoon, afternoon and evening sessions; Provolt. Saturday, February 17, with forenoon, afternoon and evening sessions; Kerby, Monday, February 19, with forenoon, af ternoon and evening sessions; Wllderville, Tuesday, February 20, with afternoon ses sion only; Lee Schoolhouse. Wednesday, February 2L with forenoon and afternoon sessions; Merlin, Thursday, February 22, with forenoon and afternoon sessions. The institute at Talent will be under the auspices of the Talent Farmers' Club, of which Wclborn Beeson Is president. The institute at Kerby will be under the auspices of the Josephine County Stock men's Association, of which W. H. Carter Is president. The first hour of the Kerby Institute will be taken up with a business meeting of the Stockmen's Association. It is expected that every stockman in Josephine county will attend, as among other things that will be transacted will be to secure the names and their brands ef all the stockmen ia the county for in sertion in the new leather-bound, pocket- size brand book that the association has arranged for and which is to be delivered by the opening of the range season In March. The association has 64 members and expects to bring the list up to 100 at tne next meeting. At the Provolt, Kerby and Lee School- house institutes basket dinners will be served. From reports had these Institutes will be the largest attended and most suc cessful of any yet held in Southern Oregon. CoquIIIe Socialists Nominate. COQUTLLE. Or.. Feb. 7. The KrHn1l of this county held a mass convention this weeK ana nominated the following tick et: Joint Representative, Garfield M. Im hoff. North Bend; Representative, D. E. Stitt. Ban don: JlMdv Thnrao. TOMVm.. Marshfleld; Commissioner. E. J, Coffelft uuo ivivcr; onenn. lee uurry. Coqullle; Treasurer. W. W- Haves. Ronton? ni.rv H. R. Dlmmlck, Marshfleld; Coroner, M. v. x-oni, jiyrue iomt. The convention was largely attended and harmonious throurhout. Th mriv Is devising ways and means either to start hi w lease a newspaper. New Church for Condon. CONDON lr - rB,i-i ri.. 1 w. .. luyuwuu, xuo Congregational Church has decided on the erection of a new house of worship, construction work on which will be com menced soon. The old church building Yim Become a. part or tne new structure and will be remodeled. The new audi torium will have a seating capacity of J?'.J5?C cost r thc ne' building will be $3000. Brakcraan Badly Injured. NORTH YAlvTMA B-.i. - (SDCial. W. I. Elxvnrwl a Cv L " - ' - v.abiuiuj UM me .ixoruiern -acmc, was badly hurt at noon today by falling from the pilot of an engine at Toppenish. He was brought to this place One leg wag badly crushed and his head was severely cut. He may not recover. Burglary' at JiapavLnc. CHEHALtS, Feb. 7. (Spccial.)-jr, " X. Jenkins waived examination yesterday before Justice Wesiover and was held to the Superior Court, charged with bur glary In SomerviUe Bros. office at Napa line Friday night. About U in stamps and some other articles of small value were taken. Bound for Penitentiary. PENDLETON, Or.. Feb. 7. Special.) Moses Taylor, the Athena farmer con victed of burning his barn last June, was brought to the County Jail last night by Sheriff Taylor by order of District Attorney Phelps. He will be taken to Salem In a few days to begin serving his sentence. Aberdeen Pastor Transferred. ABERDEEN, Wash., Feb. 7. Spe cial.) Rev. w. E. Thompson, of the Methodist Church of this city, has been assigned to the church in Walla Walla. Rev. Wilraot Whitfield, of Walla Walla will come to Aberdeen. ' Wins Reward for Finding Body. UKIAH, Cal.. Feb. 7. The body C g. F West, of Seattle. Wash., who was drowned in Fell River, January IS. was found this morning by Frank McGee. who will receive a reward of $WQ. Stanford Professor Hurt. STANFORD, CaL, Feb. 7. Professor C. C. Searles, of the department of lan guages, broke his leg tWa afternoon in a feapefeaU game between the faculty sine and the sophomores. MUTINY ON CRUISER Rumor Says Sailors Refused to Coa! Marblehead. WHOLE -CREW IS UNRULY Trouble Alleged to Have Occurred Over Poor Food and no Shore Leave at Pichllinquo Bay. Commander Denies Story. SAN DIEGO, Cal., Feb. 7.-It is stated, on what Is believed to be good authority, that a condition of mutiny existed among the sailors of the cruiser Marblehead. while on her recent trip in Southern waters. The Marblehead, Captain Mulli gan, reached this port today and anchored apart from the other vessels of the Pa cific squadron now in this harbor. While at PIchlllnque Bay, it is said, all but ten of tho 325 sailors refused to participate in coaling the vessel, giving as thc rea son for their action a lack of shore leave and an absence of fresh vegetables since the cruiser was last at San Francisco. Several of the sailors were Interviewed and while none of them denied that there had been a mutiny on board, all wero averse to discussing the affair, though several of them admitted that the report is correct. Captain Mulligan said there had been no trouble. Shore Leave Refused. According to the stories told by the blue jackets, they have had practically no shore leave since the cruiser arrived at San Francisco from Port Angeles two months ago. When the Marblehead came tO San DleCO thrn WVs arn ahnm leave here was expected but again refused. xne DiuejacKets complained that the commander ordered what they term a "temporary hair cut," and because they did not have enough fresh vegetables and because their pay was not forthcoming on pay day, at PIchlllnque Bay. the sail ors say, while nobody absolutely refused to coal the ship, most of them worked so leisurely that the job took five days In stead of one. and much of the coal with which the Marblehead was charged, was dumped into the sea Instead of into hr bunkers. Offensive mottoes, it is said, were written on coal cars. Bluejackets Arc Sore. Punishments of various sorts were meted out with a liberal hand, and when the vessel arrived at Knn nipr-n tnAav nh brought a thorouehlv The greater number of the men have only three or four months to serve and they declare that they will not reshlp. i.ne story of the trouble on the Marble head Is Obtained whollv tmm tnimtuf. of the crew, but the versions of the affair given Dj tnem tally closely. ESTACADA ASKS COMMISSIONER. Precinct Taxpayers Unite in De manding One County Officer. OREGON CITY. Or.. FVh. 7.RruM-.i 1 The taxpayers of Estacada and adjoin ing preancis in tne northeastern part of the county this year are going to exert themselves to secure thn nnmtnatlnn an A election of a County Commissioner. F. J. Harkcnrider. of Estacada a recent meeting of interested taxpayers. was cnaorsea xor tne nomination. Today be formally announced hi nanrfMn. The people of the Estacada country have decided to not ask for m nthor office, but insist on being conceded this representation on tne county board. b. oaer. a substantial farmer of New Era. lodav entfrrt thi nomination as County Commissioner on the Republican ticket. In addition to Harkenrlder and Rider, two other can didates are already In the field for this nomination. They, are John Lewellcn, of mis cuy, ana w. xu balloon, or viola. KNOCKS OUT A FOOTPAD. Plucky Tacoma Woman Protects Her Purse "With Fists. TACOMA, Wash., Feb. 7. (Special.) Mrs. J. F. Hawkins, who lives on Jef ferson avenue, successfully resisted an attack by an unknown thug intent on robbing her of her purse containing $1. last evening. Mrs. Hawkins was return ing to her home when a man grabbed the purse, which was hanging on her left arm. She thought It a Joke and laughed, whereat the man. who was shielding his face with a slouch hat swore at her and roughly commanded her to drop the purse. Quickly realizing the situation. Mrs. Hawkins swung her right fist to the foot pad's Jaw. The blow sent him sprawling into the gutter, partly stunned him, and Mrs. Hawkins ran home. NORTHWEST DEAD. Mrs. Babettc Selling. OREGON CITY. Or., Feb. 7 (Special.) Mrs. Babettc Selling, widow of L Sell ing, a pioneer business man of this city, died of heart failure at her home In this city last night, aged C5 years. She was born In Germany In 1SIL When 18 years of age, she came to America, locating at Sonora, CaL. where a year later she was married to Mr. Selling, with whom she came to Oregon. After a year's residence at McMinnvllIe. they located at Oregon City, where Mr. Selling was prominent In business until the time of his death. In 1SS0. His son. Sam Selling, succeeded to the management of his business. Mrs. Selling is survived by two children. Sam Selling, a leading merchant, and Miss Rosa Selling, besides one grand daughter. Miss Sybil Llppltt. all of this city. Mrs. L. M. Roberts. GARFIELD, Wash., Feb. 7. (Special.) L M. Roberts, a pioneer woman of Whit man County, died in California yesterday, aged 3 years. The body will be brought here for interment. Mrs. Roberts went to California last Fall for the benefit of her health, but continued to grow worse until she died. She was well to do. own ing some JW.OO0 worth of farm lands near this city. She leaves four sons, all pros perous farmers of Whitman County. Mrs. H. Jcpson. VESPER, Od., Feb. 7. (Special.) Mrs. H- Jcpson died at her home near Vesper, Or., February L from quick consumption. Mrs. Jepson was the only daughter of Mr. and Mrs. M. Carr, of Flahhawk, Or. She was born at Kiel, Germany. Febru ary 2&, 1S7S. She was a worthy wife and Is survived by her husband and two small children. John L. Richie. SPRAY, Or.. Feb. 7. (SpecIaL)-John L. Richie, an old and highly respected citi zen of Wheeler County, died at his home stead near this place last Thursday of heart failure. Mr. Richie was alone In his cabin at the time of his death. HLs body was discovered by a visitor. The supposition Is that he had been dead two or three days. Mr. Richie was a native of Texas, from which state he entered the Confederate Army in MO. and served with distinction throughout the war. He was in the Western army under Bragg, John stone and Hood, and was in the battles of Murfreesboro. Chattanooga and the long campaign around Atlanta. He was wounded at the battle of Chlckamaugk. Mr. Richie leaves two sons, one a resi dent of Texas, and Melburn Richie, who is a resident of Spray. FISHERMEN CALL CONVENTION All Unions on Coast to Be Brought Into Federation. ASTORIA, Or.. Feb. 7. (Special.) The Columbia River Fishermen' Protective Union decided at its meeting held last evening to call a convention of repre sentatives from the fishermen's unions of California. Pugct Sound. Alaska and the local organization to meet here dur ing the latter part of the present month for the purpose of forming a federation to Include all the fishermen's unions on the Coast. IRRIGATION CONGRESS DATES National Organization Will Meet at Boise September 10-15. BOISE, Idaho. Feb. 7. Tuesday at a Joint meeting of the directors of the Chamber of Commerce and the Com mercial Club, it was decided that the dates for the meeting of the National Irrigation Congress should be Septem ber 10 to 1J. This action is subject to the ratifi cation of the executive committee of the congress, but It is customary to ratify tho choice of the people where the congress is to be held in the mat ter of plates. Albany Fire System Improved. ALBANY, Or.. Feb. 7. (Special.) Al bany's fire-alarm system has been Im proved by connecting the system with the engine-room of the Albany brewery. When an alarm Is turned In, not only docs the big fire bell signal the fire and Its location, but also the whistle at the brewery, which can .be heard for miles, will Indicate the location of the fire. The fire department, which Is purely volun teer, made the connections with the brew ery at its own expense, making this one of the best fire-alarm systems in Oregon. Tillamook Creamery's Work. ' TILLAMOOK. Or., Feb. 7. (Special.) At a meeting of the Maple Leaf Creamery Association. James Williams. Peter Helsel and C A. Svenson were re-elected direct ors, and George Cohn treasurer, with the Tillamook County Bank as Us depository. Although the factory was not completed until last April. Z3QS.9T5 pounds of milk were received In the nine months It was running In 1S05. The factory made 263,117 pounds of cheese, for which It received J3L502. The price of butter fat ranged from 2L7 cents to 3L1 cents per pound. Lost Boundary Case Affirmed. OLYMPIA. Wash., Feb. 7. (Special.) The Supreme Court today affirmed the Judgment In the Clark County case of James Stangaln. plaintiff and appellant vs. John Roads, respondent This was a suit to establish a lost boundary. AH thc Government stakes and monuments had been destroyed and the court decided to trace the boundary according to the old Government field notes. Instead of by more recent surveys. Cottage Grove Mill Sold. COTTAGE GROVE, Or.. Feb. 7. (Spe cial.) The Alca sawmill, seven miles south of here, has been sold to J. H. Chambers. The mill has a capacity of S0.OCO feet per day and Is well equipped. Mr. Chambers also acquired 1000 acres of fine timber near the mllL In addition, to this he placed an order for two large donkey log hauls with a Portland firm yesterday. Mr. Chambers says active operations will begin at once Raised a Double Crop. GRANGER. Wash., Feb. 7. (Special.) As an evidence of the fertility of the soil here, the case of E. A. De Coster, a farmer residing two miles north of Granger, may be mentioned. Mr. De Coster raised 21 tons of potatoes per acre in the space between his orchard trees. Thc trees gave him a return of J5 per tree. The potatoes brought $15 per ton at harvest. Gas Company Issnes Bonds. NORTH YAKIMA, Feb. 7. (Special.) A deed of trust was filed In the Auditor's office today 'by the Trust Company of Seattle from the Yakima Improvement Company, manufacturers of acetylene gas. The deed Is on all the property of thc company to guarantee the payments of 960.0000 worth of bonds. Railroad Work at Granger. GRANGER. Wash., Feb. 7. (Special.) Tho new Northern Pacific depot has been completed, and the large force of carpen ters Is now building a viaduct on Main street. When thc work Is completed tho crew will go to Sunnyslde to erect a depot. No depot will be built at Outlook. Ashland Team Is Defeated. DRAIN. Or.. Feb. 7. The Drain Normal team defeated the team of the Ashland Normal In an Interesting- and exciting game of basket-ball here Monday night by a score of 17 to 10. Both teams played excellent ball, showing good team work and Individual playing. Gray's Harbor Pioneer Dead. ABERDEEN, Wash.. Feb. 7. (Spe cial) James D. Lowry, aged -40, a former hotel' man and a pioneer of Gray's Harbor, died Monday. He Is sur vived by a wife and two children. Ho was a member of the Woodmen, Work men and Foresters. Deputy Labor Commissioner Resigns ABERDEEN, Wash., Feb. 7. (Special.) B. F. Huff, of Hoqularo, Deputy State Labor Commissioner for Southwestern Washington, has resigned. E. M. Adams. sof Blaine, a temporary deputy, has been assigned to the position, by Labor Com missioner Hubbard. Roanoke Ready for Sea. SAN FRANCISCO, Feb. 7. The steamer Roanoke, which was damaged by striking Humboldt Bar early in December, while bound from Astoria to this city, has been repaired and Is again ready for service on the route between the Columbia River and San Pedro. Killed by Inhaling Smoke. SAN FRANCISCO. Feb. 7. A Coroner's Jury today in the Inquest of the three men who were killed recently on .tho transport Meade, found a verdict of acci dental death caused by inhaling poison ous smoke. Carmcnclta's Owners Fined. SAN FRANCISCO. Feb. 7. W. J. Wood and R. E. S. Desmldt. who were convict ed of having conspired to send the schooner Carmenclta on an illegal sealing trip to the Arctic, paid a fine of 00 each today. Paved Streets for Walla. Walla. WALLA WALLA. Wash.. Feb. 7. (Special.) The City Council this eve ning by a resolution determined to pave additional streets for a distance of 60 blocks during the coming Spring and Summer. ttftrmfwri'i P "mi"- i. Ci-iy iHU SX! FEBRUARY DISCOUNT SALE FURNITURE COVERINGS A liberal discount of 20 PER CENT on our entire line of upholstery fabrics suitable for all classes of furniture. In silk, wool and cotton tapes tries, mohairs, velours and corduroys. This stock combines the latest and most appropriate fabric weaves and designs and effective colorings, which are suitable for all covering purposes. This sale will no doubt prove a re minder of some piece that with a new covering will give satisfactory ser vice for many years more. In connection with this department we maintain a fully equipped up holstery shop where none but the most skilled upholsterers are enlployed. We also give special attention to repairing and refinishing furniture and are pleased at all times to furnish estimates on all such work. S JACK CROWE WOUNDED IX PIS TOL DUEL AT SNOHOMISH. Fires on Officer, Who Challenges Him on Street at Night Mistook Him for a Footpad. TACOMA. Wash.. Feb. 7. (Special.) A special from Snohomish, Wash., says: In a pistol duel at 3 o'clock this morn ing Jack Crowe, a young- man living near Machlas, was shot down by Policeman Gunn. who was making his rounds and saw Crowe near the depot walking down thc street. He hailed him and asked what he was doing out at that time In the morning. Without a word Crowe whirled around and fired two shots from a revolver at the officer, who was across the street from his assailant. Gunn returned the fire, sbootlntr twice, the first shot taking effect in Crowe's left wrist. Crowe started to run. but a second shot entered his back. The bullet was later removed from his body Just be neath the skin. Crowe told the nurses at the hospital that he thought Gunn was a holdup man. He has the reputation of being a gun fighter and travels-with a crowd of young fellows who carry revolvers. He was drunk" when he came to Snohomish yes terday. PATRONIZE PORTAGE ROAD. North Bank Railroad Contractors Find It a Convenience. SALEM. Feb. 7. (Special.) During the month of January. 1906, the Port age Road between The Dalles and Cclllo transacted business enough to pay almost one-half of the operating expenses. The traffic was largely for thc contractors engaged in Govern ment construction work on the Celllo Canal, thc commodities shipped being cement, sand, powder, merchandise and lumber. The total receipts amounted to $298. The expenses were: Conducting transportation. 9364.50; maintenance of way and structure. 999.04: maintenance of equipment, 5153.56; total, J 6 17.10. Superintendent I S. Cook reported to the Board of Portage Commission- icrs today that In addition to the busi ness from thc canal contractors he Is beginning to get considerable business from the contractors on thc North Baud Railroad. Thc business for tho month was lessened by an accident to the Mountain Gem. which has been handling merchandise on the Upper Columbia. constitutionality: attacked Washington Inheritance Tax Law Is to Be Tested. OLYMPIA. Wash.. Feb. 7. SpedaL) Tax Commissioner J. E. Frost left today for Seattle, where he will represent the Interests of the state In the suit to be heard in the Probate Court there tomor row attacking thc constitutionality of the state inheritance tax law The question comes up In thc settlement of the estate of William Wellington White, and It la understood the case will go immediately to the Supreme Court. The principal point on which tho valid ity of the law Is attacked is that no In heritances can be taxed if left by will, and the Tax Commission will endeavor to have thc point finally settled before the next meeting of the Legislature. Adjutant-General James Adraln. who has been in Washington City the past six weeks on official businesa with the War Department, will return home on Friday. WILL CONSTRUCT A TUNNEL. Machinery for Enormous Power Plant in Seven Devils Region. BAKER CITY. Or.. Feb. 7. Upon good authority It Is learned that the contract for hauling 59 tons of ma chlaery Into the" Seven Ldvll district for the construction of the Ox Bow- TOLU U CI 605. MM 1 -OF- power tunnel and plant Iui3 been let. The Ox Bow Is a flle-tnllo loop m tho Snake River In the northeast corner of Baker County, and the project Is to dig- a tunnel across the open end of the loop, about 2500 feet, securing a 50-foot fall and limitless water sup ply. This will mean the erection of smelters and sawmills and the build ing; of an electric road Into Baker City from the Seven Devils district. Seaside Pioneer Dies in England. ASTORIA, Or., Feb. 7. (Special.) A letter was received here, today stating that Herbert F. L. Logan, at one time a prominent resident of this county, died at Torquay, England. January 14. of par alysis, after an Illness extending over sev eral years. Mr. Logan was a native of England and 43 years of age. He came to this country about 20 years ago. and lived at Seaside and Elk Creek, until five years ago, when on account of illness he returned to England. While here he ex pended a large sum of money In making Improvements to his property at Seaside and vicinity. He built the Elk Creek Ho tel, was the leading spirit in the construc tion of the old toll road between that place and Seaside, erected the sawmill at Seaside, as well as a business block and a number of residences there. Josephine County Taxes. GRANT'S PASS. Or.. Feb. 7. (Special.) The collection of taxes for Josephine County on the rolls of 1S05 will be begun In the Sheriffs office on Monday, Febru ary 12. County Clerk Cheshire will com plete the duplicate tax roll this week, ready to turn over to Sheriff Lewis for his use Monday morning. The various tax levle3 to be collected on this roll are state tax. 1 4-10 mills; county, 6 7-10 mills; county school and library, 4 6-10 mills; road, 2 3-10 mills. The levy for Grant's Pass Is 3 mills for city and 7 mills for school. A number of the school districts of the county made special levies ranging from 1 to7 mills. Dies Before Lover's Eyes.- SAN FRANCISCO, Feb. 7. May Hume, ajced 19 years, died from the effects of poison at the Millwood House today. In the presence of her mother, Mrs. L. Hume, who Is a professional clairvoyant, and Harry Short, to whom she wa3 en gaged. Whether the poison was self-administered is not known.' and Is the sub ject of police Investigation. Last night she gave a ring to Short, saying she wished him to wear it, as sho was going away. Until three months ago. Mrs. Hume conducted a clairvoyant parlor In Seattle. Albany a Distributing Point. ALBANY. Or., Feb. 7. (Special.) The Southern Pacific Company yestcr dcy left 100 empty freight cars at Al bany, for distribution from this point to the several feeders of the line which run out from Albany. This city has be come the distributing point for the railroad In the Valley, and the depot yards at this place are always con gested with cars being: switched to the points where they arc needed to move the products of the Valley and moun tain. Is an Albany College Man. ALBANY. Or.. Feb. 7. (Special.) C P. Davis, tho defaulting Deputy Sheriff of Umatilla County, Is a gradu ate of Albany College, receiving- his-diploma with the class of 1875. He is well known here, and was considered one of the brightest young men the col lege over graduated. HIa arrest at Pendleton-attracted considerable atten tion among- those who knew him In his youthful days. Cottage Grove for Sunday Closing. COTTAGE GROVE, Or.. Feb. 7-(Spe-clal.) A petition was presented to the City Council Monday asking It to re peal the Sunday-closing- ordinance. An ordinance was prepared In accordance with tho petition. The Council, not bc Ing favorable to an open town Sun days, rejected the petition. Pendleton for Good Roads. . PENDLETON. Or.. Feb. 7.(HnoMnl The annual meeting of the Pendleton commercial Association was neld last night. L. Cohen was elected1 presi dent; C E. Roosevelt, vice-president; F. W. Lamnkln. sccretarv anH Turarfc- Moorchouse, treasurer. A resolution was passes asKins: tne county Court to co- 't in r,:" rST f. I J 'J operate with Senator Fulton in secur ing the construction of a mile of ex perimental road In the vicinity of Pen dleton. Telephones for Cottage Grove. COTTAGE GROVE, Or., Feb. 7. (Spe cial.) The City Council at Its regular sesston Monday granted the Bohemia Telephone Company a 23-year franchise to construct, operate and maintain a telephone exchange. May Reopen Woolen 31111. PENDLETON. On. Feb. 7. (Special.) C. A. Shephard. ex-superintendent of the Pendleton Woolen Mill. Is making an effort to secure backing to reopen the institution for the manufacture of Indian robes and .blankets. The mill has been Idle for several months. How Athletes Keep Strong and Healthy Their Diet Should Be a Revelation To All Men and Women. Physical perfection, great endurance and unfailing health are positively essen tial In severe athletic work and great attention Is given to the diet. In schools where a "training table" is provided for the athlete, only the most nutritious food Is served, and In cases where there Is no training table, the athlete is advised to eat the most health ful food only. Whether or not he follows such advice Is soon shown by his phy sical condition. If the average man the business man, the lawyer, the teacher, the clerk, the mechanic, the laborer took such care as to the food he eats as the athlete does, there would be far les3 of sickness and suffering in this world. Among athletes the food value of whole wheat Is recognized. They have demonstrated what scientists have long declared to be true; that the various food elements found In wheat are the food elements with which thc blood and mus cle, tho tissues and cells, the bone and brain of the human body must be replen ished If life and perfect strength are to be sustained. Every nutritive element of the best white wheat grown Is found in Malta Vita, and It is fast becoming as popu lar among other people as It long has been among athletes. And Malta-Vita is so good to eat! Always dellciously crisp, refreshing, sat isfying. All grocers. The End of "Frenzied Finance" The whole final chapter (ill Everybody's for February) is as spicy and dramatic a fact-story as any of the series. What could be bolder than Lawson's plain exposure and ringing denunciation of the Bay State Gas tricksters? What could be more dra matic or more exquisitely pa thetic than his contrast of' a miserable criminal court-scene with the .gorgeous offices of frenzied financiers, "paid for out of dollars blood-and-tear-soaked, wrung cent by cent from the honest toilers of the land." 15 cents a copy $1.50 a year. &