6
THE MORNING OREGOXIAX, WEDNESDAY, 3IAY 23, 1906.
PUTER'SMOUTH IS
TIGHTLY CLOSED
Curt Replies to Questions Con
cerning Wanderings Since
Escape in Boston.
POLICE TELL OF CAPT.URE
Secret Service Man Points Out Fugi
tive and Chief of Alameda and
Assistant Arrest and Put
on the Handcuffs.
OAKLAND, Cal.. May 22. (Special.)
Hidden away In his cell In the city jail at
Alameda, Stephen A. D. Puter is keeping
his own counsel and dodging reporters as
determinedly as he has dodged Special
Agent William J. Burns, who has been
chasing him about the continent for
months. Since entering the place where
he will stay until taken to Portland he
hns absolutely refused to be Interviewed.
An attempt was made this afternoon to
see the prisoner at the Jail, but was met
with the statement from Chief of Police
John Conrad that Puter had requested
him not to let anybody in to see him.
The Chief, however, took a message to
Puter and returned in short order. The
prisoner was adamant. He would not see
any one. The only Interview that has
been had with Puter was very brief and
was with the Jailers who have him In
custody.
Puter's Replies Are Curt.
"Where have you been, Puter?" -was
asked.
"I've been in the East," was the curt
reply. He also added that he had been
but a few days In Alameda.
"Hace you an attorney?"
"No."
"The reporters want to talk to you
about the case."
"I don't want to see any reporters. I
don't believe it will help my case to talk
about It."
All that Puter would say in regard to
his whereabouts since his escape fin Bos
ton from Burns was that he had been
traveling in the East. Where he had been
or how he had kept away from the sleuths
who were so determined to get him he
would not tell. For a few days before his
arrest he had been staying In a room on
Park avenue. He had been there but a
short time. He had two revolvers on his
person when arrested, but his capture was
so sudden that he had no chance to use
them.
Pointed Out by Detective.
Puter was walking along Railroad ave
nue, In Alameda, when R. H. Perry, a
Government detective; chief of Police
Conrad and Policeman Wahmuth came up
behind him. Perry knew the man and
pointed him out to Conrad and Wahmuth.
They got up behind Puter and touched him
on the shoulder. He wheeled upon them
and would have resisted had he not seen
the Inutility of so doing.
"Well, I'll go along with you," he said,
after a second's pause. He was taken to
the city prison. Chief of Police Oonrad,
In speaking of the capture of Puter, said:
"The Government agent who had been
tracking Puter came to me Sunday fore
noon and told me he had located hU man.
Up to that time I had not known that
Puter was In the city. Taking Policeman
Wahmuth with me, and accompanying the
Government agent, I went after the man,
but he was not at the private residence
on Park avenue where he had been stop
ping. Struggled Against Handcuffs.
"In the afternoon we were hunting Pu
ter again and happened to be on Railroad
avenue. When near Oak street the de
tective caught sight of Puter and pointed
him out to us. I went up behind Puter
and laid my hand on his shoulder, saying
I wanted him. He wheeled upon me and
tried to break away, but Wahmuth and I
soon subdued him and handcuffed him.
We did not find It necessary to draw our
revolvers, although we were prepared to
do so. After he saw that we had him and
knew him. he gave in and said:
" 'Well, I'll come. I guess you have me
this time.'
"That was all Puter would say, and we
took him to the Jail, where he was
searched and locked up. As to when Pu
ter Is to be taken to Portland I cannot
say. I understand a bench warrant has
bene issued at Portland. At any rate, I
shall hold until informed by the proper
authorities to give him up."
Mrs. Puter, whose home is in Berkeley,
denies that she knows where her husband
has been or that she Knows the where
abouts of Mrs. Marie Ware McKinley.
BENCH WARRANTS FOR PITER
Bonds of Land-Fraud Conspirator
Have Been Placed at $25,000.
District Attorney Bristol yesterday for
warded to Alameda a bench warrant for
the removal to Portland of S. A. D. Puter,
who Is confined In Jail at that place. The
bonds of Puter have been raised to $25,000
by Judge Wolverton, showing that the
Government authorities are not going to
make the way easy for the notorious land
grabber again to slip out of sight.
It is thought that Puter will be im
mediately brought to Portland, but it is
not yet announced what procedure will
be taken In his case after he reaches this
city. He Is now under conviction upon a
charge of conspiring to defraud the Gov
ernment of land, and sentence may be
pronounced on that score. It is more
likely, however, that sentence will be
postponed until after he has been given
an opportunity to testify in the case
against Franklin Pierce Mays, in which
he is wanted as a witness.
Puter is filso under indictment on an
other conspiracy charge, but it is Inti
mated' that the Government has deter
mlnted not to prosecute on this count, in
return for valuable services furnished by
Puter as a witness in the land fraud
cases. Another rumor is to the effect that
Puter will be brought up for trial on this
charge some time In June.
PUTER SAYS HE IS A WITNESS
Regretting His Hasty Departure, He
Came West to See Heney.
ALAMEDA. Cal.. May 22. S. A. D.
Puter grew talkative late last night, and
told at length how he came to be here
and in company with Mrs. WTatson and
Marie Ware. He Insists that he came
out here to arrange for an interview with
Heney . to offer to become a witness in
the remaining land fraud cases. Puter
said:
"I came out here seeking an interview
with Mr. Heney, and endeavored for a
week prior to my arrest to arrange the
meeting with him. In fact, my wife had
put in a long-distance telephone call at
9 o'clock Sunday morning, but was un
able to find Mr Heney. Now that I
have discussed my affairs with htm, I
will say that I am sorry that I did not
see him before my arrest, as I would
have preferred it to be a voluntary act
on my part.
"I was Jointly indicted with others In
the Government land fraud cases. Some
of these cases had come to trial, and I
was the Government's principal aid. It
was while the remaining cases were
pending trial that I was mixed up In a
deal in Oregon state school lands with
some Eastern people, and, fearing prose
cution bv them. Jumped, out to avoid ar
rest. Of course, this action was hurried
ly taken, and upon thinking the matter
over considerably after my escape i ieit
that I had done a foolish thing, and re
turned to resume my status as a wit
ness for the Government."
MARIE WARE TALKS TO PUTER
Prisoner Is in Very Low Spirits Over
Ills Capture.
BERKELEY. Cal.. May 22. (Spe
cial.) Telegraphic advices received by
the Alameda police this morning
brought the information that Secret
Service Agent Burns has left Los An
sreles and is expected to arrive here
tonight. The Alameda police also state
that Puter will be taken to poruano.
Immediately.
This morning Mrs. McKinley, who has
been traveling under her maiden name
of Marie Ware, was granted a long
interview with Puter. The notorious
land manipulator seemed very much
depressed, and his female caller seemed
unable to elevate his spirits. While
Puter refused to discuss his case with
the officers of the law or the news
paper men, he denied absolutely that
he had been traveling or living with
Mrs. McKinley.
In the meantime there Is a sorrowful
family in the Puter residence at 1617
Spruce street. North Berkeley. Mrs.
Puter Is a prepossessing woman, who
is bearing up bravely under the ordeal
that she is facing. It had been ru
mored that since her husband had been
placed under arrest Mrs. Puter would
accompany him north. Today she maae
the following statement:
"No, I shall not accompany Mr. Puter
to Oregon. I prefer to remain here
with my children. Further than that
I have nothing to say."
DUDLEY R. NEWELL TRIES TO
SHOOT RAPIDS AT EUGENE.
Canoe Is .Upset by Rock After Dan
gerous Passage and Com
y,"' panion Gets Ashore.
UNIVERSITY OF OREGON. Eugene,
May 22. (Special.) Dudley R. Newell, a
Junior at the University of Oregon, was
drowned in the Willamette River this
evening after "shooting" the rapids near
the head of the mlllrace. With Charles
Neal, as a companion, Newell went up
the race in a canoe and paddled some dis
tance above the rapids. At this time of
year the rapids are so rough that a boat
requires skillful handling to pass them
safely, but both students agreed to risk a
ducking and let their boat drift with the
current.
According to Neal, the survivor, they
had safely reached the bottom of the
rapids when the canoe struck a rock and
capsized, throwing both Into the water.
After a short struggle each regained the
upturned canoe and floated down stream
safely enough until, as they attempted to
right the half-submerged boat, it slipped
away under the water.
Newell then started to swim for shore,
while Neal, afraid to attempt the dis
tance, waited for the canoe to reappear.
and. as he caught it, glanced across the
water to see his mate sink for the last
time. Panic-stricken, he left the boat,
swam ashore and ran nearly two miles to
secure help.
The news spread like wlldflre, and al
most Immediately 200 students were on
the scene and five boats supplied with
grappling hooks and divers were searching
for the body, but the water is very swift
and murky, so that there is little hope of
recovering the body.
Newell was one of the most popular stu
dents attending college, and held a very
responsible office as business manager of
the Oregon Weekly. He was a resident of
Eugene, but was originally registered from
Nehalem, Tillamook County, where his
father was a prominent politician.
TAX-DODGERS MUST PAY UP
Roslyn School District Secures Ac
tion by State Commission.
TACOMA, Wash., May 22. (Speciai.)
At a meeting of the State Tax Com
mission here today, a hearing was had on
the application of the Roslyn school dis
trict for an equalisation of valuation of
lands held by the Northwestern Improve
ment Company within the city limits.
Most of the land owned by the mining
company has been platted, though not of
record, and has been given the privilege
of schools, electric lights, water mains,
streets, sidewalks and the general ad
vantages of the municipality, while the
land has been assessed as acreage at
about t'M an acre.
As an illustration of inequality of valua
tion, three lots in the original town with
a frontage of 75 feet, were valued at $1690,
while across the street, land of the North
western Improvement Company was
valued at $20 an acre. After careful con
sideration of the situation, the Commis
sion instructed the Assessor to raise the
valuation of the company's land to J 1000
an acre, taking certain central points as
basis center and equalizing all the prop
erty on that proportion. The result will
be practically to double the taxable
valuation of the town.
Shipping Notes From Aberdeen.
ABERDEEN. Wash., May 22. The
schooners James A. Garfield and Muriel
went on the marine railway today for re
pairs, the Muriel for spars and the Gar
field for a general overhauling. The
schooner ' E. B. Jackson arrived today
from a five months' trip to Shanghai,
China. She was 37 days on the return voy
age. The schooner Roy Semers is loading
lumber at Cosmopolls. The steamer Iaqua
arrived In port this morning. The Santa
Monica left last night for California. The
steamer Newberg has returned to port
and Is at the B. Slade mill.
Fighting of Woman's Suffrage.
OREGON CITY. Or., May 22. (Special.)
A vigorous fight in behalf of woman's
suffrage la being waged by the wome'n of
Clackamas County, who have addressed a
circular letter to the electors of the
county appealing to them for their votes
in support of the proposed constitutional
amendment. The letter is signed by many
of the prominent women of Oregon City
and Clackamas County.
GRANGE AT ALBANY
Thirty-Third Annual Session Is
Well Attended.
MASTER LEEDY PRESIDING
Debate on Woman's Suffrage Fills in
Time During the Afternoon,
While Waiting for the Com
mittees to Report.
ALBANY, Or., May 22. (Special.)
The 33d annual session of the Oregon
State Grange met here this morning.
State Master Leedy presiding, and
nearly every other officer and repre
sentative present. The visitors were
met with a hearty fraternal reception
by the patrons of Linn County and are
assured a pleasant and profitable stay
during the session.
The first order of business was - the
appointment of a committee on creden
tials, which consisted of John Carter,
chairman: M. Link, A. R. McCall. Mrs.
Mary S. Howard and Mrs. M. E. Baugh
mun. The committee reported the fol
lowing delegates as being entitled to
seats in the convention:
Delegates to State Grange.
Benton County John Whitaker. Mary H.
Whttaker, T. E. Hinton. Margaret Hlnton.
Clackamas County William Grlsenthwaite,
Mary Grlsenthwaite. J. D. Chttwood, Emma
V. Chltwood. Joseph Fisher, Norma Fisher,
H. G. Starkweather, Alice M. Starkweather,
F. M. GUI.
Columbia County M. F. Haxen, MYB. M. F.
Haien. M. Link, Mrs. M. IJnk. R. N. Love
lace. Jennie Lovelace.
Coos County E. Jenkins, Mrs. Eva Jenkins.
Gilliam County C. J. Qulnn Mrs. C. J.
Qutnn. -
Lane County C. L. Powell.
Linn County A.- Luelllns;, A. R. McCall,
Mrs. A. R. McCall, H. B. Sprenger, Mrs. P.
M. Sprenger.
Marlon County A. M. Asplnwsll, Mrs. D.
Aspinwall. J. H. Baughman, M. E. Baughman.
Multnomah County C. J. Littlepage. Rosa
Llttlepage. Charles Merrill, Alice Merrill. D.
D. Robinson, Nettle L. Robinson.
Polk County Frank Butler, Elvira Butler.
Tillamook County H. F. Holden, Mrs. H.
F. Holden.
Umatilla County John Carter, Mrs. Ann
Carter.
Union County Samuel L. Brooks. Mrs. S.
L. , Brooks.
Washington County Arthur M. Cutting,
Alice A. Cutting, L L. Crawford, Mrs. L. L.
Crawford. L. J. Francis.
Wasco County A. I. Mason, Mrs. A. I.
Mason.
Wheeler County Oils F. ' Klzer, Lily M.
Klxer.
Yamhill County I. T. Moore. Mrs. Adella
Moore.
Committees Hard at Work.
The afternon session was taken up
with routine work and addresses by
prominent workers. The various com
mittees are getting down to business
and will have their reports well In hand
by the opening hour tomorrow.
The Grange of Linn County gave a
reception in the evening which was an
enthusiastic gathering. The best ora
torical and musical talent had been en
gaged for this and other occasions dur
ing the week.
The Linn County Grange has organ
ized a degree team .which will exem
plify the fourth degree tomorrow eve
ning. The members have been drilling
for several weeks and will do efficient
work.
Debate on Woman's Suffrage.
A Joint debate on woman's suffrage
was a feature of amusement this after
noon, to the vast crowd of visitors.
while waiting for committee reports.
Miss Laura Gregg spoke in the affirma
tive, her opponent being Frank But
ler. Much interest was taken In the
discussion, as the State Grange has,
long been on record as being favor
able to the cause.
The next meeting place of the Oregon
State Grange Is being discussed, with
odds greatly in favor of Hood River. A.
I. Mason, of that place, is working hard
for the next session, and Is offering in
ducements which will probably be fa
vorably considered.
STRUGGLE ON AT TACOMA
HILL IS COMMENCING BLOCKING
TACTICS.
Northern Pacific Tracks Laid to Pre
vent Harrlman Reaching the
Water-Front Terminals.
TACOMA, Wash., May 22. (Special.)
That a Titanic struggle between Hill and
Harrlman is to be carried on in Tacoma
became apparent today, when It was
learned that the Northern Pacific con
struction crew had been put to work lay
ing a network of tracks over lots 7 and
8, on the tidefiats, over which It will be
necessary for the Union Pacific to pass
In order to reach water-front terminals.
There is no apparent motive for cov
ering this property with tracks, other
than to hamper the Harrlman road. By
getting tracks down before the Union
Pacific begins operations the Northern
Pacific will attempt to force Harrlman
to cross the property overhead, which
would be a costly undertaking.
CHEAPER RATES FOR MONTANA
Reductions Have Been Decided Upon
by Three Transcontinental Roads.
GREAT FALLS, Mont.. May 22. Sub
stantial reductions are to be made on
freight rates to, from and between all
Montana points July 1 next.
This was officially announced today by
I. Parker Veazey, of this city, attorney
of the Great Northern and its principal
representatives in the state. Rates will
cover all shipments to and from this
state and points between the Mississippi
and the coast and will be granted by the
Northern Pacific. Great Northern and
Union Pacific. Mr. Veaiey returned this
morning from a visit to Bt. Paul. ,
While I was In Bt. Paul," he said.
'there was held a conference of the
freight officials of the Great . Northern,
the Northern Pacific and the Union pa
cific, for the purpose of considering a re
adjustment of freight rates on these
lines, as they affect Montana points, and
it may be stated that aa a result of
such conference ths three roads will.
about June 1. announce a new schedule
of freight rates for this state, to become
effective July 1."
Railroad for Port Townsend.
PORT TOWNSENTJ, Wash., May 22.
(Special.) That railroad building is In
prospect In Port Townsend is shown In
an application made tonight to a special
session of the City Council for a fran
chise to construct tracks over the prin
cipal streets of the city. The application
is made toy Coleman & Balllnger, attor
neys, who are believed to be representing
one of the transcontinental roads. They
authorise the statement that the road
they are acting for is not the Northern
Pacific.
Methodist Conference at Pendleton.
PENDLETON. Or., May 22. (Special.)
The district conference of The Dalles
district, Methodist Episcopal Church,
convened this evening in its annual
session. Rev. Walton Skipvorth, of
The Dalles, presiding elder of the dis
trict, will preside at all the sessions of
the conference. The Dalles district
embraces seven counties in Eastern
Oregon and five counties in South
ern Washington about one-fourth of
the entire territory included in the
bounds of the Columbia River annual
conference.
School Fund Money Lent.
SALEM, Or., May 22. .Special.) The
State Land Board held a regular month
ly meeting today with Secretary of
State Dunbar and State Treasurer
Moore present. Besides the transaction
of some routine business, the Board
approved 31 loans from the school fund
amounting to $36,070.
DOG GUARDS THE BODY
H. STEWART, OF ABERDEEN, IS
KILLED WHILE HUNTING.
Search Party Directed to the Re
mains by Barks of His
Faithful Canine.
ABERDEEN. Wash. May 22. (Special.)
Henry Stewart, aged 26. one of the best
known young men of the city, accident
ally killed himself Sunday while hunting.
His body was found today by a searching
party, who were directed to the place
of the accident by the barking of a dog
who had kept watch over the remains.
Stewart bled to death, and indications
point to an attempt on his part to write
a note before he died. He was engaged
to be married soon.
SCANDAL IN FIRE DEPARTMENT
Seattle Police Are Now Investigating
Thievery at Other Fires.
SEATTLE, May 22. (Special.) Official
Investigation of the conduct of Individual
members of the Seattle fire department
will not stop with the scandal growing
out of the looting of the Arlington dock.
Chief Wappenstein, of the police de
partment, today directed Sergeant of De
tectives Tennant to have a full inquiry
made into thefts reported at other fires
occurring recently, and it is openly pre
dicted at police headquarters that when
the Investigation is finished some of the
men already involved, together with
others whose names have not so far been
mentioned, will be found to have been
guilty of taking articles of Jewelry and
money from houses they were supposed
to be protecting during fires.
The acts cannot be construed as any
thing but thievery in its most despicable
form. Prior to the unearthing of the
looting at the Arlington dock fire, the
firemen were only mildly suspected of
any wrongful acts and the thefts report
ed were laid to the doors of individuals
who were drawn to the scene of the tire
and who took advantage of the excite
ment, to ply their nefarious trade.'
The police today are open in declaring
that "they do not believe- one-half of the
articles taken from the Arlington dock
have been turned back. Several revolv
ers, knives, two rifles and other Gov
ernment goods are missing. The police
have no evidence to show whether the
firemen took these and disposed of them
or whether they were stolen by others.
It has developed that the load of stuff
secured at the Battery-street station was
hauled there on a hose wagon.
- Mute Lover Put Under Bonds.
OREGON CITY. Or., May 22. (Special.)
Wall Harris, the deaf mute, who came
out second best In an encounter with the
parent of a Miss Decker, whose affections
he persistently sought, was today held to
the Circuit Court in bonds fixed at J500.
In default of ball lie was committed to
Jail. Harris is charged with threatening
to commit murder, the accusation being
based on his assault of Miss Decker's
father last Sunday afternoon.
ASSAULT ON TOM WILLIAMS
Marshal at Rainier Makes Statement
Regarding Affair.
RAINIER. Or.. May 21. (To the Editor.)
I observe in today's Issue or The Ore
gonian an article describing an assault
upon Tom Williams, a member of the
local Anti-Saloon League, by Gilbert
Lacy, which also states that the saloons
here were open after 12 o'clock Saturday
night and censures me for nonperform
ance of my duties as City Marshal. This
article was as grossly misrepresented as
many which have previously appeared,
and I trust that I may be granted space
through your columns to repudiate those
statements for the benefit of the public.
I have been City Marshal for the past
six months, and begin my duties in the
evening and remain until daylight the
next morning. And. in regard to the as
sault on Tom Williams, I desire to say
that on several occasions recently he has
been Intoxicated, and Saturday night at
tended a dance given here. He had been
drinking during the night, and I am in
formed by several reliable persons that
he attempted to cause trouble while there,
and Just after 12 o'clock came down-town
to secure more liquor, but, upon finding
all the saloons closed, became somewhat
boisterous, and I requested him to go
home. This he did not do, but remained
on the street until 5 o'clock Sunday morn
ing, at which time I went home to sleep.
Then Williams, taking advantage of my
absence, again be5ame boisterous and
wanted to fight. He went to the residence
of Rev. Kemp and brought him down
town. I am informed that he then caused
so much disturbance on the street that
he was ordered away by the occupants,
but he became abusive to several parties,
among whom was Lacy, who objected,
and the fight ensued. This happened about
S o'clock Sunday morning in front of the
Postoffice, and in the presence of several
witnesses. Rev. Mr. Kemp again reap
peared at this time and attempted to take
Williams home. In regard to the saloons
being wide-open, as the article stated, I
desire to say that a few minutes after 12
o'clock Saturday night. I. in company
with Frank Pomeroy. visited every sa
loon in Rainier.- and found them closed,
and they remained closed until I went off
duty at E o'clock. That the article was
written out of malice is shown by the
many misrepresentations, and the fact
that the whole matter was prearranged
seems very plausible, as Williams brought
Rev. Mr. Kemp down-town after I had
gone home; Kemp then disappeared in the
Diets building, and remained there until
after the fight had occurred: he then re
appeared and assisted In taking Williams
home.
Nellie Sexton, who was brought into the
article, is not employed as a waitress by
W. C. Lee's hotel, and has not been so
employed for two years.
Tom Williams' past record may be
found by examining tne Police Court rec
ords, as well as the Circuit Court records.
The above article can be verified by the
sworn statements of a number of wit
nesses to the affair.
5HN ZWEMER, Marshal,
DEED BY DECEIT
0. 0. Jennings Awarded Degree
by Supreme Court.
APPELLANT1 IS SCORED
Review of the Record Shows That
the Woman Did Nor Intend to
Keep Promise After Getting
the Portland Property.
SALEM, Or., May 22. (Special.) The
Supreme Court at noon today rendered
the following opinions:
O. O. Jennings, respondent, vs. Helen C..
Jennings, appellant; appeaWfrom Multnomah
County. Arthur L. Fraxer. Judge; affirmed.
Opinion by Chief Justice Bean.
This is a suit to cancel and set aside
a deed from the plaintiff to the de
fendant for a lot In Portland. It was al
leged that the deed was made under a
promise by defendant that she would
move to Roseburg and- live there with
plaintiff, where his business forced him
to live, but she failed to keep her pro
mise and only made it to defraud him
out of the property. After briefly re
viewing the record In the case, the
opinion says:
It Is sufficient tftat we have examined the
record and are all of the opinion that the
deed was obtained through fraud and de
ceit with no Intent on the part of the de
fendant to keep and perform her promise,
but with the design of abandoning the plain
tiff after obtaining his property and continuing-
her unlawful relations with her para
mour, and that under such circumstances
plaintiff la entitled to a decree as prayed for.
Hospital Fee Case.
Victor Miller, respondent, vs. Beaver Hill
Coal Company, appellant; appeal from Coos
County. L. T. Harris, Judge; reversed. Opin
ion by Chief Justice Bean.
Ths is an action to recover for
breach of an alleged contract by which
the defendant agreed to provide the
plaintiff with necessary medical and
surgical attention at a hospital main
tained by It in case of his injury while
in its employ. The opinion In this case
is important In its Interpretation of the
responsibility imposed upon a corpora
tion by its collection of hospital fees
from Its employes, and establishes the
fact that the employe so contributing
has no guarantee of medical or surgical
aid except insofar as the sum "ne con
tributes will pay for. The opinion says:
We are of the opinion that the testimony
falls short of proving a contract by the de
fendant to provide the plaintiff with neces
sary medical and surgical attendance In case
of injury. It merely shows that a certain
sum each month was contributed by the
plaintiff and his fellow employes, or exacted
by the company for the support and main
tenance of a hospital for the use of the em
ployes. There is no evidence that any state
ment or promise was made by the defend
ant to the plaintiff or any of its employes
as to the object and purpose of the contri
bution or the benefit they would receive
therefrom, other than ' it was for hospital
purposes.
The transaction, therefore, under the tes
timony, constituted in law nothing more than
a subscription by the plaintiff and the other
employes for the charitable purpose of main
taining a hospital where they .could obtain
such medical attendance and hospital ac
commodations as the fund thus subscribed
would afTord. The only liability assumed by
the defendant in collecting the fund was to
expend it for the purpose for which it was
subscribed, and for no other. The Judgment
is therefore reversed.
Local-Option Election Declared Void.
The State of Oregon, ex rel. F. B. Ruther
ford, et al.. appellants, vs. B. F. Rhodes,
County Judge, and the Commissioners of
Yamhill County, respondents; appeal from
Yamhill County. William Galloway, Judge,
affirmed. Opinion by Justice Moore.
This is a special proceeding to com
pel the County Court to make an order
declaring the result of an election held
November 8, 1904, on the question of
the sale of liquors. It appears that the
petition for such election was acted
upon by the County Judge and one
Commissioner, in vacation of court,
without a special term having been
called and the court below, sustained
in this opinion, held that they did not
compose the County Court as author
ized by law, hence their order, so
made, was of no legal force and the
election held thereunder was void.
Right to Flow of Water.
Kenneth F. MacRae, appellant, vs. James
(Small, respondent; appeal from Grant Coun
ty, U. D. Clifford, Judge; affirmed. Opinion
by Justice Moore.'
This Is a suit by MacRae to enjoin
interference with the flow of water in
a ditch to plaintiff's premises and to re
cover damages for intermeddling; there
with, his right being based on an al
leged appropriation and also a prescrip
tion use. The opinion reviews the facts
at length and concludes:
The testimony, in our opinion, fails to
show that plaintiff has made out a case
with that decree of proof which the rules
of law require In such- cases, but rather
that the weight of evidence discloses that
defendant's irrigation of his meadow and
other land, by means of the flume and ditch
from Reeves' Creek broke the continuity of
plaintiff's enjoyment of the water, thereby
depriving him of a prescriptive right thereto.
O. F. Paxton. respondent, vs. L. D. Lively,
appellant; appeal from Wallowa County;
motion to dlsmtssi appeal allowed. Opinion
by Justice Hailey.
The only question in this case was as
to whether a United States Commis
sioner could act as surety on an appeal
bond. The opinion holds that being an
officer of a court he is not qualified as
surety.
Temporary Licenses Expire.
In the matter of the motion of the
committee on admission, of the State
Bar Association, to strike from the
roll of attorneys, holding temporary li
censes, failing to apply for permanent
admission after the expiration of the
license it was ordered by the court that
notice be given through the press to
such attorneys of the filing of Bald mo
tion and that they will be expected to
have motions filed for their permanent
admission within a reasonable time
after such notice.
The license of the following-named
attorneys having expired are hereby
notified that unless application for their
permanent admission be made within
a reasonable time after the date of
this notice final action will be taken on
said motion:
B. L. Bevington. Victor L. L. Mudge. M.
E. Morrow, Hiram W. Gray. Isaac N". Van
Dyke. A. S. Austin. Joseph Boss, William
H. Hiney, John Leland Henderson, John T.
Lighter. O. L. Miller, Bismark Snyder, Cyrus
B. Whltcomb. John Rice. Avery T. Searle,
James Parks. Raymond Lloyd. A. B. Clark,
R. E. Crawford. D. B. Jenckea, F. C. Good
rich. Norton P. Walling. Simon P. Wilson. J.
H. Futerson. W. F. Stingley, S. A. D. Eaton,
Dudley I. Nash, Lloyd Errlewon. Emery B.
Tyler, George R. Wilbur. E. B. Simmons.
J. J. MURPHY. Clerk.
Salem, Or.i May 22. 1906.
Spotted Trout for Clackamas Streams
OREGON CITY, Or., May 22. Special.)
A shipment of 10,000 black spotted trout
from the Government hatchery at Rogue
River was received here today and the
fish were planted in the Molalla River
and Milk Creek.
PURE
HEALTHFUL
REFRESHING
Apollin
THE QUEEN OF TABLE WATERS"
ACCEPTED THROUGHOUT the CIVILIZED WORLD
as the IDEAL and PERFECT TABLE WATER.
CHINESE BURROW DEEP
SUBTERRANEAN CHAMBERS ARE
LIT BY ELECTRICITY.
Remarkable Discovery Is Made of
Opium and Gambling Dens by
Seattle Officials.
SEATTLE, May 22. An underground
Chinese colony, similar to that which
once existed In San Francisco, has been
discovered here by city officials. Seattle
Orientals, by burrowing under buildings,
sidewalks and alleys, have succeeded in
excavating heretofore unsuspected pass
ageways leading to rooms in which gam
bling and opium smoking is carried on.
Many of the rooms are lighted by elec
tricity. Some of the passageways extend for
half a block or more, many feet under
subcellars and sidewalks. Here, with
little or no ventilation, scores of Chinese
defy interference by white men and live,
smoke opium and gamble secure from
molestation.
DEAD OF THE NORTHWEST
William Williams.
OREGON CITY. Or.,' May 22. (Spe-call-.)
William Williams, aged 72 years,
died in this city yesterday. He had re
sided at Oregon City for several years,
but has no known relatives on the
Coast.
Mrs. Rebeccah Ash.
CENTRALIA, Wash., May 22. (Spe
cial.) Mrs. Rebeccah Ash, a sister of
John Hood, a well-known citizen of Cen
tralia, died - Sunday morning and was
buried this afternoon from the residence
of her brother. She has resided in Cen
tralla for several years and has lived in
"Washington for over 20 years. She left
no relatives except her brother's fam
ily, in Centralla.
Mrs. F. C. Paull.
HILLSBORO. Or.. May 22. (Special.)
Anna Matilda Paull. of Southeast Hllls-
Pains in Back
Could Scarcely Move
Mr. Vinson, of Autryvllle, N. C, Who Had Kidney Trouble
States That His Life Was Despaired of
and He Was Cured by
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S. HIRSCH (Sh CO.
arts
boro, died at the family home, Monday,
May 21, while asleep. She had been a
sufferer from paralysis for several years.
Her maiden name was Anna Matilda
Leuszler. and she was born in Doyles
town. Pa.. February 13. 1S47. She was
married to Franz Carl Pauli. in 'Wash
ington County. Kan., February 28. 1872.
The husband and three children survive. (
The children are: Mrs. Grant H. Down
ing, Vernonia. Or.; Mrs. H. D. Sch
meltzer, Hillsboro, and Franz C, Jr.,
at home.
James Harding;.
SILVERTON, Or.. May 22. (Special.)
The funeral of James Harding, a highly
respected farmer who had lived near this
place for 26 years, was conducted Sun
day at the Bethany church by Rev. Al
byn Esson and the G. A. R. Mr. Hard
ing was a native of West Virginia, and
saw three years' service in the Army. He
lived in Illinois, Ohio and Kansas before
coming to Oregon. He was married to
Miss Elizabeth Green In 1853, and 11 chil
dren were born to them, seven of whom
survive. They are: Mrs. Emma J. David
and Mrs. Manta Robinson, of Portland;
R. M. Harding, of Chicago; "W. H. Hard
ing, of Salem; Mrs. Alma Shaw, of Ba
ker City, and Mrs. Tacy Bowen and Mrs.
Ida Bowen, of Silverton.
OPTION TERMS ARE ENFORCED
Washington Supreme Court Denies
Plea of Grantor.
OLYMPIA. Wash.. May 22. (Special.)
The Supreme Court today laid down the
rule that when called upon It will en
force the terms of an option where it
is apparent that both parties are acting
in good faith, and will not. allow the
grantor to refuse to carry out his part of
the agreement on the plea that the other
party to it is not bound.
The case of James F. Conner, appellant,
vs. James M. Clapp and Helen A. Clapp,
respondents, from Chehalls County, on a
second appeal, was reversed, and ths
foregoing point established. Property
worth $6000 is involved on an alleged bond
for sale, which the respondents claimed
was simply an option, and therefore not
binding.
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c4