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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 28, 1907)
V THE MOENIKO OKEGONIAX, THURSDAY, FEBRUARY 28, 1907. ES PASSED BY HOUSE Senate at Olympia Also Expe dites Work of Enacting New Laws. MEAD SIGNS TAX BILL Measure to Assess Bank Stock, Preventing Stockholders From Escaping Taxation. Is Rushed Through Senate to Governor. OLYMPIA. Wash.. Feb. 27. (Special.) This was the busiest day of the session for the House. Beginning at 9:30 o'clock In the morning, it was In Bession 12 hours, except for intermissions for lunch and dinner. During the morning and afternoon sessions 21 bills which had previously passed the Senate were given second and third reading and passed, and three Senate bills were slaughtered hy Indefinite postponement. Tonight's House session was devoted entirely to second reading of the Torrens land bill. The Senate held morning and afternoon sessions, passed ten House bills and one Senate measure, indefinitely postponed tine House bill and voted down another. Incidentally the Senate listened to the introduction of ten new bills, one ot which la the New York measure to regu late life Insurance companies, and by practically unanimous vote turned down a resolution by Boone, limiting to this week the introduction of new bills. The first bill passed in the Senate today related to the assessment of bank stock and wiped out the provision of the old law which allowed stockholders to escape taxation by making affidavit that their debts exceeded! the value of the stock. As soon as this bill passed it was hustled through the red tape procedure so that It was signed by the Governor tonight, snd will take effect before March 1, when this year's taxes are levied. The bill as passed has fair valuation spelled "fare" valuation, but the minor phonetic spell ing error was deemed too trivial to justify a delay for correction, which might have prevented the bill taking effect for a vear. It might be mentioned that this is the fourth bill to reach the Governor, which showed some gross error of clerks. Two of the others were corrected and :he third was called back today from the Governor for correction. New Bills Introduced. i .Vmong the new bills in the Senate to dav was one requiring railroads to re fund overcharges with 6 per cent interest, , and another declaring theaters to be pub lic places of amusement and providing penalties if the owners refused to rent the same on open dates. Veness of Lewis introduced the bill requiring railroads to famish, stakes for lumber cars, which was passed last session and pronounced unconstitutional by a Spokane Judge. The House bills killed In the Senate in cluded one which gave the State Board of Health autocratic authority to enforce measures to prevent the pollution of the sources of city water supply. This bill was indefinitely postponed. The other, wWch was killed on vote, authorized the employment of male and female proba tionary officers in cities. Bills that originated today in one house and were passed by tbe other, thus be coming law If approved by the Governor, cover hi wide range of topics. Among the more important are the following: Many Measures Approved. Increasing the Governor's salary to JWOOO: making Memorial day a school hol 'iday: providing for the submission of con stitutional amendments to tax public-service corporations solely for state purposes and to allow logging companies the right .f eminent domain: providing a check of accounts of county officers: several bills authorizing' special levies, and special im provements by dykes and the like to pre vent flood damage; requiring state officers to make remittances to the treasury: the Indeterminate sentence law; allowing a million-dollar special improvement tax for constructing the Lake Washington Canal, ami making more stringent the regulation requiring prompt and accurate report on births and deaths. During the afternoon session of the House Representative Blackmore, of Clark County, presided in the absence of Speaker Falconer, and performed the dif ficult duties with credit to himself. The Senate today made final consider ation of the Graves bill limiting newspa per publication a special order for Friday morning, and marie consideration of the House anti-cigarette bill a special order for tomorrow morning at 10 o'clock. Governor Mead this afternoon heard ar guments for and against creation of Gray's Harbor County. At the conclusion of the debate the Governor announced that he will sign the bill. AGED PRISONER GETS PAROLE I Governor Mead Orders Release of Dr. Mary A. Latham. OLYMPIA. Wash.. Feb. 27. (Special.) , Governor Mead today granted a parole to Dr. Mary A. Ijatham, sentenced in Spo kane County, July 20. 1906, to four years in the Penitentiary for arson. The parole . Is effective April 1. It Is represented by the Prosecuting At torney, Sheriff and citizens of Spokane that the woman has been sufficiently pun ished and her release is recommended. The prisoner Is 60 years old, with health and mind falling, and her son agrees to i furnish her a comfortable home. BEATTY TO CONTINUE DUTIES Will Retain District Court Bench Through March Term. BOISE. Idaho. Feb. 27. (Special.) "In . answer to a telegram received from the ' AttornevGeneral asking me to withhold my resignation for a time." said Judge J. H. Beatty. of the United States District ; Coxirt. today, "I sent a telegram stating that I would willingly continue the duties of the office until after the March term. If by that time my successor has not been named. I shall probably urge the people in Washington to push matters." The telegram received by Judge Beatty ' from the Attorney-General arrived soma days after his resignation had started for Washington. TUFFTS TRIED FOR LOBBYING Legislators Testify Preacher Worked for Sunday-Rest Bill. ' BOISE. Idaho, Feb. 27. (Special.) Tbe hearing of Rev. G. L. Tuffts. secretary of l the Pacific Reform Association, arrested for lobbying for the Sunday rest bill, be ' gran this afternoon. Representative Cas sell testified that Tuffts came to him in the House and asked him to vote against the substitute Sunday rest bill. Repre sentatives Conner and Bradley and Sena tor Nugent testified that Tuffts told them MANY nun he was working on a salary and that It I -was his duty to watch legislation and en- I deavor to get measures passed which the association desired. Representatives Clark. McCracken and Freehafer testified In Tuffts' favor, show ing consultations Tuffts had with them were not of an improper character. Th case went over until tomorrow. OREGON CITY PIONEER - DIES Thomas Charman Was Oldest Mason in Clackamas County. OREGON CITY, Or., Feb. 27.-(Special.) Major Thomas Charman, one of the pi oneers of Oregon, and a founder of Ore gon City, died at his home on - Washing ton street this morning at 6 o'clock. Major Charman has been a sufferer from rheumatism for the past six years and during the last two years had seldom left his home. He had been falling rap idly for the past few days, and a lapse into unconsciousness yesterday told the family that the end was near. About 3 o'clock last night he rallied and recog nized the members of the family who were with him. His passing was char acterized by a strenuous fight for life, and he was loth to give up. His mind remained clear and during his confinement to the house he often composed little verses. Major Charman was the oldest Mason In Clackamas County, and the funeral will be held Sunday under the auspices of that body. The interment will be made In the family lot in Mountain View Cem etery. He leaves a wife, Sophia Diller Char- man, two daughters, Mrs. J. H. Walker and Mrs. James P. Lovett, both of this city, and one son, Fred R. Charman, who Is in business In Ritzville, Wash. The son has been sent for and will arrive to night or tomorrow morning. Both of the other children were at the bedside. One other son and daughter were born to Major and MrB. Charman, but both died. A brother. James Charman, of Muncie, Ind., and a sister, Mrs. James Brooks, of Sedgwick, Kan., also survive him. Thomas Charman was born in Surrey County, England, In 1629. He was the son of an English farmer, and received his education in that country, coming to New York In 1M8. In the Fall of 1S52 he came to Oregon and settled in Oregon City, purchasing, along with Dr. John Mc laughlin, the founder of Oregon City, the business of the Hudson Bay Company. This ouslness of general merchandising was carried on under the firm name of Charman & Warner uninterruptedly up to recent years. Major Charman has been actively con nected with all of the city's interests since he came, and was one of the pro moters of the woolen mills. He was pres ident of the first bank established In this city and was especially prominent In the development of the water-power of the Willamette River. Largely through his efforts i the generation of the electric power that has proved such a factor in the city's growth was made possible. In politics the Major was a Republican, and attended the first Republican con vention held In Oregon as a delegate. He served several terms as Mayor of the City, and has held other city and county offices. He was a Past Master of Mult nomah Lodge, No. 1, A. F. & A. M-. and always took an active part In the life of the order. He was also prominent among the Oddfellows. Loss In Hotel Fire $12,000. BOISE. Feb. 27. The Stockton Hotel at Glenn's Ferry was destroyed by fire yes terday. The loss is S12.00Q and the in surance $0500. It, 1 I . WX The Late Major Thomas Cherman. New Power Plant Most Modern 4 , ; vii4JtlUW lUltii r4J ::'- 3 -:- .-: V:'"' -J "-'---.-.- 's, -'xA:' awn. mrm nmrmir i POWKB TI.ANT OF PORTLAND THE new Cazadero power-house of the Portland Railway. Light & Power Company, which will be known as "Station A," represents the most improved methods of construction of electrical generating stations. It is of solid concrete construction throughout and the turbine water-wheels are coupled SDN STAND DEFENSE Relates Incidents of His Life Preceding Arrest Near Baker City. FIRM DENIALS OF GUILT Witness Declares That, While Con fined With Orchard, He Was Urged to Support Confession Implicating the Officials. SPOKANE, Wash.. Feb. 27. A Wallace, Idaho, special to the Spokesman-Review says: The Courthouse was packed to the doors this afternoon when Steve Adams, de fendant in the murder trial which in volves the approaching trial of Moyer, Heywood and Pettibone for the murder of ex-Governor Steunenberg, went on the witness-stand in his own behalf. Adams was examined with the greatest detail regarding his past life. . Witness testified that he had joined the Altman Miners' Union, No. 19, branch of the Western Federation, ' when at Inde pendence in 1901. He had married Mrs. Adams at Tellurlde, and immediately af ter marriage went back to Independence, where ho was arrested for dynamiting the shaft of the Independence mine. He was thrown into jail for 93 days, but no charge was preferred and he . was re leased. Adams described the means by which he got to Denver and changed his name to Steve Dixon and came to Idaho from Denver, fearing to be thrown again into jail, and went to the Marble Creek dis trict for the purpose of hiding. While In Denver he met Jack Simpkins, who was then a member of the executive board of the. Western Federation. While on his way to Marble Creek he met Vincent St. John and Griffin in Burke and met Simp kins at Wardner. When he went into the Marble Creek district he was armed with an old black powder Winchester rifle and an automatic revolver. He shot quite a lot in the district, but denied the incident of shooting over Tyler's cabin while Ty ler and Phillips sat In front. Accompanied by Glover. Adams corroborated the attendance at Mason's birthday party and his leaving there on August 8 for the head of naviga tion, accompanied by Glover. He con firmed the testimony of EH Laird regard ing his riding in the pilot-house on the boat, and of other witnesses regarding his visit to Spokane and staying with his uncle there. He denied that he was at Price's Hotel, at Mica Meadows, on Au gust 24. "Had Glover, Slmpkins and yourself anything to do with the killing of Tyler or Boule?" "No." He described the manner of his arrest on February 20, 1906, at his uncle's ranch near 'Baker City, by Detective Thleie and Sheriff Brown, on a fugitive warrant charging complicity in th Steunenberg assassination.' He was ' thrown into Jail over night at Baker City and demanded that Brown get him an attorney. Brown refused, but next morning he demanded again and Brown went out and the wit ness saw Attorney Moore. Adams feared being taken to Colorado. While at the depot waiting for the train Brown told him that' he was on the inside, and if Adams would do what was wanted he woudld come out all right. Thiele reiter ated this statement a number of times on the way to Boise. Urged to Support Orchard's Story. At Boise he was taken straight to the Penitentiary and thrown into a solid steel cell on the second tier with Harry Or chard and confined six or seven days. While in the cell Orchard told Adams that he had made a confession implicat ing officers of the Western Federation and Adams: that he Orchard) was to get off without prosecution, and that he was to get a piece of money, and he intended to put a pond between himself and members of the Western Federation. Orchard warned Adams that the best thing he could do was to help convict the officers of the Western Federation and corrobor ate Orchard's confession and save himself and think of his family, and if Adams fattitnftmt-nttmrm m RAILWAY, LIGHT ft POWER COMPANY, direct to the monster dynamos, giving the maximum of power without loss and making the arrangement as simple as it is effective. The expenditure of Jl.OOO.OOO in the con struction of the new plant on the Upper Clackamas shows that the capitalists be hind the Portland Railway. Light & Power Company are preparing for a greater Portland and demonstrates their mil nn HUHIVI Oil failed to do this he would be taken back to Colorado and either mobbed or hanged. Adams' testimony will be. resumed to morrow. Immediately before Adams testified Mrs. Adams was on the .witness-stand and stated that on March 2, 1906, she had been taken from Baker City to Boise by Thiele. On the way to Boise Thiele told her Steve had made a confession and had been promised immunity and would be back on the ranch. McParland came to see her the second dy after her arrival in Boise and reiterated Thiele's statement. At the Penitentiary Warden Whitney told her to cheer up Steve; that he had gone through a terrible ordeal, and felt very badly. She was locked in the woman's ward in the Penitentiary along with women pris oners, and while there Governor Good ing had once called on her and kissed her baby two or three times. Mrs. Adams denied that Steve ever re ferred to a cartridge that had killed Boule. Amusement was cause when Henry p. Knight, of the prosecution, tried to get Mrs. Adams to admit that Gover nor Gooding had kissed the baby two or three times on account of the political campaign then In progress. DEFENSE PICTURES STRANGER Intimates Mysterious Individual Was Real Murderer. WALLACE. Idaho, Feb. 27. A mys terious stranger of unknown name was pictured by the defense in the Adams trial this morning, presumably as one of the Teal murderers of Tyler and Bodie. Charles A. Hill testified that he was In the Marble Creek country in August, 1904, about the time Settlers Boule and Tyler were killed, and whole on the trail met and talked with this stranger, who said: "The sea gives up its dead, but the woods, never." Strong testimony was given this morn ing by Lloyd Mason, the son of Alvin Mason, the pioneer settler, to uphold an alibi for Adams on August 10, 1904, the date Tyler is supposed to have been killed. Lloyd testified that about August 1, 1904, he met Steve Adams, then known as Steve Dickson, at Mason's hay ranch. He said Adams came from the Marble Creek district, and stayed at Glover's and Mason's while in that region; Lloyd saw Adams almost every day. He distinctly remembered seeing him on August 7, as that was -Alvin Mason's birthday, and Adams helped the boy to celebrate by spanking his father. The next day, the witness said, Dickson and Glover went down the river, Adams coming back about 10 days later, in company" with Jack Slmpkins. Miss Myrtle Mason, a handsome girl of 21, a sister of the last witness, corrob orated this testimony. Mrs. Warren Oliver, of Spokane, testi fied thist her husband is a cousin of Steve Adams, and that Adams came to see her in the hospital in Spokane on August 13, 1904. Warren Oliver corrob orated his wife's testimony. Alvin Mason was recalled by the defense and asked If he knew Harry Orchard. He said he met Orchard twice in the Marble Creek district in company with Jack Simpkins, in 1905. WHEAT SHORTAGE OX SOUND Tacoma Mills Have Difficulty Main taining Supply. TACOMA, Wash., Feb. -27. (Special.) All three of the big flour mills on the waterfront are having difficulty in getting wheat. The plants of the Ta coma Grain Company and of the Ta coma Warehouse and Sperry Mills were shut down for five days last week and the Puget Sound Flouring mills for three days. The Northern Pacific has brought in some wheat during the last few days and the mills resumed operations this morning. It takes ten cars of wheat to keep the Tacoma Grain Company busy 24 hours, while the other two plants each use a few more cars. Flour is firm and within the last ten days the price of export flour has moved up slightly. Advance to Engineers In Mexico. EL, PASO. Tex., Feb. 27. The result of the negotiations that have been go ing on for some time between Vice President G. R. Hudson and a commit tee representing the engineers of the Mexican Central Railroad is an agree ment by which the engineers receive an increase of about 12 per cent in wages. This places the Mexican Cen tral engineers on the same scale as those of the other lines in Mexico. Portland Capital for Astoria Hotel. ASTORIA. Or.. Feb. 27. Within the next year this city will have a modern hotel, and it will be built with Portland capital. Today a deal was closed by the Weinhard estate for the purchase of a lot at the northeast corner of Duane and Twelfth streets, for JS500, with a guaran tee that a four-story brick and concrete modern hotel would be erected on the property, and that its construction will be commenced within eight months. in Construction ftL 4 ;:: ; '-. ' :r. - J. hm ON THE CLACKAMAS RIVER. entire confidence in the future of the city. The station which was started on Tues day will continue to supply the city with the equivalent of 15,000 horsepower in electrical energy until the demands of the city call for more "Juice," when addi tional generators and turbine-wheels will be installed, bringing the energy devel oped up to 25,000 horsepower. rBwrnmnTOmimiiniiiiiiMii WMllr '"' ' :"v BM i fill I sSiP?1 in the child's health; do not imperil it whh atum food by the use of poor baking powder. Have a delicious, pure, homemade muffin, cake or biscuit readj when they come in. To'fre sure of the purity, you roust use Royal makes a difference in your home a difference in your Jiealtk ' a difference in your cooking. SilBBlHliiii FIRST CASE IS LOST Victims of Sunday Closing Crusade Are Discharged. OTHER COMPLAINTS ISSUED On Report Filed by Chier Malony, Proprietors of Nine Amusement Reeorts, Saloons and Stores Are Served With Charges. TACOMA, Wash., Feb. Z7. (Special.) Two Greek peanut venders, the first victims of Mayor Wright's Sunday clos ing crusade, were discharged by Police Judge Arston toaay, wno held that sell ing peanuts on the street was not a violation of the Sunday-closing statute, which says: "It shall be unlawful for any person to open any shop, store or building for the purpose of trade or sale of goods." Complaints were issued by Prosecut ing Attorney Rowland this afternoon and presented , to Chief of Police Ma lony for his signature as complaining witness, charging the following with the violation of the Sunday closing laws: Del Lampman, manager of the Dreamland Skating Ring; Robert Hoff man,, manager of the Opal Skating Rink; E. G. Lubbey, manager of the Scenic Railway Company; Charles Her ald, manager of the Tacoma Theater; A. Engal and Dean Worley, managers of the Star Theater; Dean Worley, manager of the Grand Theater; W. J. Timmons, manager of the Crystal Theater; A. T. Knox, proprietor of the Palm candy store, and R. C. Kennedy, proprietor of the Exchange saloon. The complaints were issued upon in formation filed with the prosecuting attorney by Chief Malony the specific instance of the alleged violation of the law occurlng last Sunday. R. C. Ken nedy will have to face two charges, one being the keeping open of bis saloon on Sunday and the other the selling of liquor on Sunday. The information filed against the Scenic Railway Com pany charges it with being a noisy amusement. Indorse Sunday Closing Law. COLFAX, Wash., Feb. 27. The bill before the State Legislature which con templates the repeal of the present Sunday closing law In this state has caused no little Indignation here and is the subject of much discourse. The local Episcopal Church has adopted resolutions and sent them to each Whitman County Legislator, demanding the retention of the present Sunday closing law. Other churches will fol low with similar resolutions. ASKS FOR SPECIFIC CHARGES Ex-Secretary of State Files Motion in Accounting: Suit. SALEM. Or.. Feb. 27. (Special.) Ex Secretary of State F. I. Dunbar, by his attorneys. C. W. Ftilton. G. C. Fulton and George G. Bingham, today filed a motion in the suit for accounting brought by J. K. Sears, asking that Sears be in structed to make his complaint more de finite and certain. Sears alleged in his complaint that during his eight years in the Secretary's office, Mr. Dunbar col lected fees to the amount of $100,000, which he did not turn into the treasury. Mr. Dunbar asks that Sears speclfy more definitely from what sources the fees were received, for what purposes and whether from the state or from Individ uals. v He also wants the complaint to specify what portion of the alleged $100. 000 was received during thepast six years. TESTIFIES AGAINST E. W. ROSS A. J. Blethen Appears Before legis lative Committee. OLYMPIA. Wash., Feb. 27. (Special.) Colonel A. J. Blethen, of the Seattle Times, was the principal witness today before the Legislative committee Inves tigating the charge smade chiefly by that paper against Land Commissioner' E. ' W. Ross. Colonel Blethen was questioned as to where he received information on which the articles were based and said it came from Times correspondents here and business men in various parts of the state. Tomorrow the committee will take up the Croft case, involving the sale of state IfKf hem ttfo BAECSXi ROYAL is absolutely Pure. lIKiaLliailllilllllllllHIIIIIPJIOil lands at Seattle to Croft at a price much less than other men claim they were ready to pay. This case Is being pushed in the courts by E. C. Million, attorney for some . of the alleged Intending pur chasers. Those pressing the charges admitted they were present when the lands were sold at public auction and that at that time they did not bid the price they now say they are willing to pay, nor did they take advantage of the state law which provides that if any person offers 2ti per cent more within 60 days after a sale of state land the sale shall be set aside and a new auction held. FALLS UXDEH MOVING TRAIN Son of Albany Merchant Killed Jumping From Blind Baggage. ALBANY. Or., Feb. 27. (Special.) William Schmidt, 24-year-old son of A. Schmidt, of this city, was thrown under the -wheels of the southbound overland at 10:30 last night when the train reached this city and sustained injuries from which he died three hours later. He attempted to jump from the blind bag gage as the train was entering the sta tion, but fell on the rails. and four coaches passed over both legs. He was thrown on the track directly In front of the Southern Pacific station. According to the story. of George Rich ards, a vagrant who was on the blind baggage with Schmidt, the latter boarded the train at Oregon City and planned to get off at Albany. As the train neared the station, Schmidt stood up on the platform and jumped while it was slow ing down. Richards jumped a moment later and then saw his companion lying face downward, with the upper part of his body outside the rails and the re mainder under the train, which had then stopped. Schmidt was taken to St. Mark's Hospital. He died at 1:30 o'clock this morning. Schmidt has spent most of his life in this city. His father is a respected busi ness man and the dead boy, while he has had a somewhat wayward career, left a great many friends. FIVE ELIGIBLE FOR OXFORD AH Oregon Candidates Pass Exami nation Committee to Select. UNIVERSITY OF OREGON, Eugene. Feb, 27. Word was received here yester day from Oxford University that all the Oregon candidates for the Rhodes schol arships had successfully passed the ex aminations. The candidates are Loris Johnson, Wister Johnson, Cecil Lyons and Charles Hamble, of the University of Oregon, and E. J. Welnens, of Willamette University. From these five men the state committee, of which President Campbell is chairman, and which has charge of the . Rhodes scholarships, will select the man who is to go to Oxford. In the selection athletic record, physical condition, popularity; student honors, standing and a number of other things are taken into consideration. It is the aim to get from the men who are able to pass the examinations the best all-round man. This la the first time the committee has ever had to make a selection. The other time a man was sent there was but one candidate able to pass the examinations. The committee which has the matter in charge for this state is composed of the presidents of the colleges of the state. The selection will be made as soon as the committee can get together. SWAM WITH STENOGRAPHER Allegation for Decree of Divorce Against Freeman Tatro. SEATTLE. Wash.. Feb. 27. (Special.) Charges that her husband, Freeman Ta tro, secretary-treasurer of the Western Lumber Company, spent a portion of his time swimming in Lake Washington and Puget Sound with the fair young woman who worked in his office as a stenogra pher and that he had spent J4O.000 on his charmer, were made the basis of a suit for divorce which was granted Jennie Tatro this afternoon by Judge Gilliam. The property interests were adjusted be fore Mrs. Tatro brought the action, she getting the handsome residence on Capitol Hill. Love for the stenographer, the allega tion said, drove Tatro to threaten his wife with a revolver. During the hearing the story of how the woman took dicta tion In the office from Tatro, but dictated to Tatro after office hours, was told. Mr. and Mrs. Tatro were married in Arena, Cal.. In January. 1S83, and two children were born to them. It was after coming to Seattle that their troubles began. Favor Removal of Capitol. SACRAMENTO, Cal., Feb. 27. The Senate and Assembly committees on public buildings and grounds have voted to report favorably on the re moval of the capitol from Sacramento to Berkeley. All attempt will be made to have the bill brought up In both houses an Friday. Gi1sp1 Tkey usually wait something from the pantry You remember the hanger you had Home cooking counts for much BOARD FIXESTERMS School Lands for Those Hold ing Certificates. MAY BUY AT NEW PRICE State Board Controls Situation, Which Would Have Been Impos sible Had Freeman Amend ment Been Passed. SALEM, Or., Feb. T7. (Special.) The State Land Board today made an order permitting a number of holders of school land certificates purchased from A. T. Kelliher to secure title to the land by surrendering their certificates and making new purchases. In doing so they must make affidavit that they do not already own 320 acres of land of that character. This in a measure enforces the legal re quirement that only 320 acres ot school land shall be sold to one person. In making the new purchases the hold ers of the certificates must pay the pres ent price. J2.50 an acre, whereas the price of the original sale was Jl 25. This ruling of the board will enable small purchasers to get the land, but will not enable hold ers of large numbers of certificates to get deeds for all holdings. The board Is in control of the situation, and can dictate the terms upon which the holders of cer tificates obtained by the H. H. Turner frauds can secure deeds. Had the recent Legislature passed the land bill with the Freeman amendment In it. the State Iand Board would not be in as good a position as It is. The board Intends to deal fairly with all holders of certificates, but does not want to be forced to act to suit the wishes of the people who bought up the certificates pro cured by Turner. TEST OF HORTICULTURAL LAW Fruit Inspectors Are Sued by North Yakima Orchardist. NORTH YAKIMA, Wash.. Feb. 27. (Special.) The case of K. W. Shafford. a fruit-grower of Zillah, against State Horticultural Commissioner Huntley and County Horticultural Commissioner Brown for damages, came up for trial here this afternoon. Assistant General Falkner, of Olympia, appeared for the State Inspector and the other defendants were repre sented by local attorneys. The suit grew out of the act of In spector Brown In condemning a carload of apples that Shafford had loaded for Dakota points, the fruit being infected with codling moth and San Jose scale. His act was approved by Inspector Hunt ley. Shafford was then arrested for hav ing infected fruit In his possession, but the case against him was dismissed from fear that the law might not stand the test In the courts. Afterwards Shaf ford brought the suit against the two officials for $1100 damages. Inspector Huntley testified today that when he examined the car of fruit he found thousands of codling moths that had come out of the Annies nnri were crawling around the car. The state law prohibits the shipment of infected fruit. The case will probably close tomorrow and the outcome is watched with interest by all fruitgrowers, as It tests the strin gent horticultural law that compels or chardists to spray their trees. Prunegrowers to Meet, SALEM. Or.. Feb. 27. (Special.) Prune growers of this vicinity will hold a meet ing at the City Hal in Salem next Satur day afternoon under the auspices of the Marion County Horticultural Society for the purpose of considering a new plan of grades proposed by Rosedale growers. The Rosedale growers adopted resolu tions favoring a plan by which there shall be three grades of dried prunes, those in the 30-40 size or larger, being known as "fancy." those from 40 to (O being called "medium" and the 60 to 100 "small." The Rosedale people believe that under such a plan they would realize more on the small fruit. Pay for County Attorneys. OLYMPIA, Wash., Feb. 27. (Special.) The Supreme Court today decided, in the case of C. O. Bates vs. School District No. 10. of Tacoma, that County Attorneys are not required in this state to serve school boards without extra compensa tion. This question has been repeatedly raised In all parts of the commonwealth but has never before been tried out through the courts.