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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 8, 1908)
THE -.-MORNING OREGONIAN, WEDNESDAY, JANUARY . .8, .19QS. LEATHER STRAP r IS NOT A Supreme Court Annuls Con viction of Men Who Beat a Woman. ' RAWtrP PA5P 15 RFVFRSPn .Dependants Escape Punishment Be cause Indictment Is Found De fective Too Much Iatltude In the Charges. ' SAL.EM, Or.. ' Jan-' 7. (Special.) The Supreme Court toclay reversed two criminal cases from Eastern Oregon, one from Baker County and one from Union. The case from Baker County was that of State vs. R. H. Taylor and John S. Traut, the defendants being charged with assault, being; armed with a leather strap, committed upon a woman, Exilda Mitchell. The complaint also alleged that Taylor and Traut were armed with a pistol and a gun, with Intent to In timidate and prevent her from resisting ' Hafond'nf? herself. Defendants were tried by Jury before Judge William Smith and after conviction were sentenced to one year in the penitentiary. The indictment was filed under section 176 of the code, defining assault; being armed with a cowhide, whip, stick or like thing, having at the time possession ct a deadly weapon with Intent to Intimi date and prevent such other from resist ing or defending himself. The Supreme Court holds that this statute was not in tended to cover ordinary cases of assault or assault wjth a dangerous weapon. The case was presented to the Jury upon the theory that if the defendants, being armed, assaulted Mrs. Mitchell, they were guilty; or, if they acted at first in self-defense but used more force than was necessary In such defense they were guilty of the crime charged "thus losing nlcht of the element of intimidation to enable defendants to administer a casti gatlon; hence the second instruction is erroneous In authorizing a verdict of guilty of the charge upon proof of msre force than necessary for defense of the person, and the third instruction contains BlIIITlrtl rilui, lit BuinuiuiiiB tlon If more force Is used than necessary to remove a trespasser from real estate." The court also holds the indictment insufficient, under the statute, for It charged that defendants "did assault, trlke, lilt and beat Extlda Mitchell with aid leather strap" and the allegation "contains nothing to bring the strap within the class of Instruments men tioned under 'cowhide, whip, stick, or other like thing.' " The opinion in this case was by Justice Eakin. The Union County case was that of State vs. E. W. Bartlett and S. A. tjHrdinler, tried before Judge William Smith, The defendants were charged with attempting to extort money by threatening to accuse certain persons with gambling and to prosecute .them therefor. At the trial defendants testified in their own behalf and in instructing the Jury the court said that "you are not hound to consider the testimony ot de fendants as absolutely true, nor any part of it absolutely true, nor as equal to the testimony of disinterested witnesses. You are to bear in mind that the defendants speak la their own behalf to discharge themselves of a" criminal accusation, and you are to consider the great temptation which one So situated is under, so to speak as to procure his aeqxlittal." The court holds that this language "seems to leave an Implication . that It was Incumbent upon the jury to consider the defendants' testimony as false and for that reason to reject It. " Hence new trial Is ordered. TITTTXE ROAD liAW XJPKKLD Supreme Court Reverses Decision From Marlon. SALEM. Or., Jan. 7. (Special.) In an opinion, of which Justice Eakin Is the, author, tho .Supreme Court today Ten dered an opinion In the case of St. Bene dict's Abbey vs. Maxion County et al., In which the decree of Judge William Galloway, of the Circuit Court for Ma rion County. Is reversed, thus unholrilns- the constitutionality of the Tuttle road law. The action arises out of an attempt to improve a four-mile stretch of road be tween Silverton and Marquam, in this county. The Tuttle road law provides for the assessment of the cost of the im provement within a two-mile" limit, also upon property within a mile at each end of the proposed improvement. The plaintiff, ' St. Benedict's Abbey, protests against the improvement and attacks the constitutionality . ot the law on the ground that the provision requiring an assessment of cost at each end of the Improvement, would operate as a double assessment against Its property In the event of an extension. This contention waa upheld by the trial court, which held the law nconstitutional, but the Supreme Court reverses this contention and upholds the validity of the act. Since the -case involves a Federal ques tionthat of confiscation of property without due process of law Counsel A. M. Cannon, fop. plaintiff, announces that the case will bo carried to the Supreme Court of the United States for final de- termination. If necessary. P. J. Eldridgo, respondent, vs. John Hoefer and Casper Zoon, appellants, and J"avld M. Keen, defendant, from Marion County: George U. Burnett, Judge; re ' versed and remanded. Opinion by Justice Moore. This Is an action brought by Eldrige to have a certain deed to two farms in this county, valued at J42.O0O, declared a mortgage, and for the privilege to re deem the land upon payment of the bal ance of JH.t0 duo upon a promissory note held 'by Hoefer and Zoon, and for interest upon the monetary value of the land since 1SP2. and the profits realized from the sale of the products of the farm since Tho trial court gave plaintiff a decree requiring the land to he sold at public auoflon. and that plaintiff be awarded the residue of the proceeds of the sale after the balance had been paid upon the note, plaintiff to pay the. costs of liti gation, and allowing plaintiff Interest upon the amount due after the sale at 7 per cent from October 10. . 1906, after which date plaintiff was also to be en titled to receive the rents and profits of the and. Defendants Hoefer and Zoon appealed from this decision and Eldridge appealed from me action of the court In refusing to award him a recovery against ' Roofer and Zoon of 142.000 less the debt li claims to be due. The iupreme Court finds a conflict of evidence In the testimony regarding the facta of the execution" of the,,' promissory note involved and remaSls the case with instructions to take further testimony as to the amount due upon the note, and after that sum Is ascertained that a de cree be rendered as originally given, with IP such modifications as the changed con ditions may require. City of Eugene, respondent, vs. Lane County, appellant, from Lane County; J. W. Hamilton, Judge; affirmed. . Opinion by Justice Eakin. Eugene, ' by this der cislon, secures the road tax collected within Its corporate limits. S. H. Jackson, respondent, vs; Sumpter Valley Railway Company. , appellants, from Baker County: William Smith, Judge; affirmed. Opinion by Commis sioner Slater. Appeal was dismissed in the case of R. Robinson vs. R. Robinson Cheese Com pany, from Tillamook County. NEW ROAD LAW DEFECTIVE Washington Legislature Bungles In Tacking on Amendments. OLTMPIA, Wash., Jan. 7. (Special.) The new state road bill, ohapter 346, passed by the last Legislature, which allows 24 Road Supervisors to a county, instead of three, - and which permits Good -Roads Associations 'to nominate Supervisors, Is probably invalid, be4 cause of errors. The bill was original, ly (Introduced by Representative Fanch er... pf Spokane, but was torn all to pieces before being passed. It was to take effect the first Monday 'In this month. Attention of the Attorney-General was called today to the fact that while the title refers to amending cer tain sections and repealing other parts of the old road law, the body of the act repeals different sections and amends those the title says are to be repealed. The Attorney-General has not rendered his opinion. S UP BABY SISTER FOUR-YEAR-OLD SETS FIRE TO INFANT'S CLOTHES. Child Gets Hold of Matches When Mother Is Out of Room Little ' One Dies in Awful Pain. SEATTLE, Wash., Jan. 7. (Special.) While she was out at the gate calling her s6n, who had failed to come home from school, Mrs. B. B. Swartwood'neard cries of pain and of fear coming from-' the room where she had left her 18-months-old babe. Edith, and a four-year-old sis ter to the little one. The mother rushed Into the house only to find that the baby was a mass of flames.' While the older child was in hyster'C3 because of iear. Mrs. Swartr--od grabbed some clothes and extinguished the flames, but not be fore the little victim's body was a mass of burns. ; Physicians were summoned, but ' all their efforts were unavailing, the child dying this morning, 14 hours after its injury: After the mother left the house,, the elder of the children, possessed Itself of some matches and in some manner set the clothing of the baby afire. The little girl may lose her mind as the result of the shock and. grief accompanying the accident and death of her- baby sister. ' HEAVY DROP IN LAND VALUES Seattle Tide Property Depreciates 25 Per Cent "in Few Months. OLTMPIA, Wash., Jan. 7. (Special.) James T. Blackistone, a Seattle real estate man, testified today "before the , Kallroad Commission, that since June, 1906, realty values in. Seattle tldelands and other property had slumped about 55 per cent. Expert Engineer Gillette occupied the stand most of the day, submitting his figures on the value of the Great Northern, and Tacoma & Eastern roads. He testified that the Hill road cost about $30,000,000 for original construc tion In Washington; that it would cosit today to reproduce the road, exclusive of right of way and real estate, about $35,000,000. but that the present value of the road In this state, figuring de preciation. Is about $31,000,000. He values the Great Northern at about double per mile that of the O. R. & N., In Washington, the heavy construe, tion of the latter road being In Ore gon. The Tacoma & Eastern, according to Gillette, would cost about $2,000,000 to reproduce today, Including about $467, 000 for equipment, but the value now, less depreciation, is about $1,920,000. KLABER TO DEBATE DURST Hopdealer and Hopgrower to Dis cuss Organization? TACOMA, Wash.. Jan. 7. (Special.) Challenges have . been repeatedly made by Herman Klaber. the hopdeal er, to meet M. H.' Durst, the prime mov er in the Pacific Hopgrowers' Protec tive Association, in debate, and the growers of the section - will have an opportunity to see big hopmen clash at the meeting to be held the latter part of this month at Puyallup to per fect the local organization. Mr. Durst has promised to attend this ' meeting, and authough some of the growers stat ed that Mr. Klaber would not be per mitted to be present, because he re fused to sign a pledge at the last meet ing, objections to his presence will be withdrawn to permit the men ' to meet OUthe floor. Harry Pincus, of Isaac Plncue & Sons, today asserted that Mr. Durst has abandoned his original scheme to ship 30,000 bales of Pacific Coast hops to England on consignment, and his proposal now is to improve the 1908 market. CIGARETTE KILLS CONTRACT Man Smoking Against Rules Dis charged Despite Agreement. ' TACOMA,-Wash.. Jan. 7. (Special.) Judge Reid today heard arguments in the suit of Herman Nagle against the Griffin Wheel Company, and ren dered Judgment for the defendants. This decision sustains the right of the company to discharge an. employe for violation of the rules of the com pany, even though that employe may hold a contract for a specified amount 'of work. Nagle held a contract for a year's work, but was discharged for smoking cigarettes in the factory, he sued for the balance of salary due under the contract. The sign that bore the warn ing against cigarette-smoking was in troduced as evidence. ' Return to Reduced Wages. TACOMA, Wash.. Jan. 7. (Speciai.) Members of the South Tacoma Boiler makers' Union who were called .out on a strike several .months ago. -are re turning to the old places in the Norths ern Pacific shops. One of them 6ald today that his fellow workmen were being allowed to return to work, though at a decrease In wages. The men are being taken back one by one. and the majority of the boilermakers are glad of the. opportunity, to return to work at any wage scale. Inspect Rosenthal's shoe store .win dows and set busy. WARRANTS CASHED AT PAR ANYWHERE State Treasurer Makes His Report of Oregon's Good . Financial Condition. STATE HAS AMPLE FUNDS During Bank Holidays Warrants Paid in Gold Balance in Gen eral Fund December 31 Is $116,337.08. SALEM. Or., Jan. 7. (Special.) State Treasurer Steel today issued his semi-annual statement, showing a- bal ance of over $640,000, of which $27,000 is cash in the treasury, $112,000 paper in course of collection, $206,000 on de posit in .banks (at 2 per oent interest, under the deposit law, and $295,000 funds due from the American Surety Company on account of the Title Guar anty Trust Company loss, this sum bearing 5 per-cent Interest. The re port Is one of the most complete in detail ever issued from the Treasurer's office. It follows: .. Following statements show the amount In the State Treasury on 'July 1, 1907, the receipts and disbursements from July 1, 1907, to December 31, 1907, inclusive, and the amount on hand December 31. 1907, giving the distribution among the various state funds on that -date, and showing also the amount deposited in banks- and rate of interest and the amount of cash in the treasury. The balance In the general fund on De cember 31. 1907, was $116,337.08 and there was due from counties on the 1907 tax the additional sum of $56,440, nearly- all of which has -already .been, paid into the general fund during the present month; therefore the state has ample funds to pay all warrants as presented. During the bank holidays the Treasurer paid warrants in gold, thereby relieving the money stringency to a considerable ex tent. The amount paid into the general fund of the state during the whole year from sources other than ' state tax levied against the counties amounted to 53S6. 734.65, the main Items being 2 per cent tax on net premiums of Insurance com panies, $63,631.37; . Insurance licenses, JS423.&2; corporation fees- and llcens.es, $142,791.87; inheritance tax, $11,205.11; con vict labor, $15,592.66; Interest on deposits of state funds, $6226.62; fees of the Su preme Court, $5461.55: sundry fees of the State Department, $5149.13; fees for keep ing deposits of insurance and express companies, $3408.33, together with a num ber of smaller amounts from various sources. Next School Apportionment Large. The balance In the common school fund Interest on December 31. .1907, was $91, 811.63, all of which 'has accrued since August 1,: 1907, at which time the annual apportionment of the common school fund interest, amounting to nearly a quarter.of a million of dollars, was made to the counties. The apportionment to be made August 1, 1908, will probably be the largest in the history of the state. The amounts apportioned for the last five years have been as follows: J1MV3 $230.01120 1004 239.43IV20 inns 21)0.176.50 10011 2S0.(tB2.2rt JU07 247,289.13 The slight falling off of the amount ap portioned In 1907 was caused by the repay ment by the State I.and Board of the interest paid on a number of certificates of sale which were cancelled by reason of the applications being fraudulent. This will be more than made up this year by reason of the great Increase of the In vestments of the common school fund. Receipts and Disbursements. Statement of receipts and disbursements for the six months ending December 31, 197. Balance on hand July 1, 1907 ..$ 959.0S4.28 Receipts Oeni fund 467.024.08 Common school fund, principal 4fto.443.01 Common school fund. Interest. 1-42.139.35 Agricultural College fund, principal 1S.IM.! Agricultural College fund. Interest 7.138.H4 VniveTPity fund, principal 9.137.67 University funoX Interest 2.721.41 Burhank trust fund, principal.... 3,5."iO.o0 Burbank trust fund, interest ' 743.65 Escheat fund , - 11.672.8 Swamp land fund . . : 1 2.f36 27 to per cent U. S. forest res fund.. . 21.56S.8. Inheritance tax fund 3. 413. fit State Agricultural tax fund 6.3H0.63 Orepon Soldiers' Home Nat. fund. 4.343.34 Hatchery fund, District No. 1.... 3.5-sR 17 Hatchery fund. District No. 2 K.20S.01 Game protection fund 15.0S3.03 Pure food' fund RO.Ort State Board of Examiners fund.. 644.10 Oreiron Stove Foundry fund 1.1X.00 Penitentiary betterment fund-... 2.4O0.O0 Factory inspection fund 4,025.00 (State Library fund 4SO.0O Normal School fund 12.22S.20 Total' .$2,194,788.31 Disbursements General fund ..$ Common school fund, principal . . . Common scbool fund, interest...... Agricultural College fund, prin Agricultural College fund, interest T'nverslty fund. Interest Burbank trust fund,- principal . Burbank truet fund. Interest Escheat fund Swamp land fund Inheritance tax fund State Agricultural College tax fund Oregon Soldiers' Home. Nat. fund Bounty fund Hatchery fund,. District No. 1.... Hatchery fund. District No. 2 ." Gaine protection fund ............. Pure food fund State Board of Examiners' fund.. Portage Ry., op. and maint. . fund Oregon Stove Foundry fund ; Penitentiary betterment fund ..... - Factory inspection fund , Normal School fund , , .709.1SS.63 437.451.C-5 260.45.9S 34.9v0.oo 4.212.63 3,737.43 5,3.0O 2.20 3.615.02 3.710.14 S.154.nr 12.500.00 5.484.64 2.0'J 13.129.40 1.S07.15 11.284 02 4fl2 92 763.95 6.714.61: 2,400.00 . 1.6fi6.6S 3.082.40 4.044.42 Total $1,552.27.4" Balance on hand Dec. 31, 1907.. 642.520.91 Balances in Various Funds. Statement of the balances In the various Stat funds, December 31, 1907. . General fund ...$ 116.337 OS Common school fund, principal... 203.281.60 Common- 'school fund. Interest 91.811.63 Agricultural College fund, principal ' . 7.880.11 Agricultural College fund, interest 7.138.04 t'nlversitv fund, principal...".,... 5.6P7.31 University fund. Interest 2.780.48 Burbank trust fund,, principal l.."12.3o Burbank trust fund. Interest 1.96&.77 Thurston monument fund, prln. . 120.3a Escheat fund : -S.t'57.64 lo per cent U. S. forest res. fund. 21.566.83 Inheritance tax fur.a. 6.042.78 State Agricultural College tax fund 3.100.63 Oregon Soldiers' Home Nat. fund 17,477.05 Bounty fund . ..' . 1,234.64 Hatchery fund : 1.00 Hatchery fund, District No. 1 1R.272.77 Hatohery fund. District No. 2 S.Soi.SB Game protection fund &.973 .Vt Pure food fund 781.80 Oregon State Veterinary Med. fund 179.3d State Board of Examiners' fund.. - 47.K4 Portage Ry, Op. and Maint. fund 3.18y.7S Penitentiary betterment fund 15.6J.-3. 75 Factory Inspection fund 2.052.60 State library fur.d 48U.0O Normal School . fund 7,283.78 Total Deposited In banks, cent interest . . Deposited In hanks, cent Interest . . . Deposited- in banks, collection . -r , Cash In treasury . . i .Total :. The following condition of tho cultural College, on -December 31,- $ 642 520.91 $ 205,887.34 bearlng f per bearing 2 per in course of 206.670.74 112.478. 20 27.484.S3 $ 642.520.9i statements bIiow the common school, Agri and University funds 1907; tho amount of - i MERCHANTS SAVINGS 8 TRUST CO. 247 Washington Street.' ! . CAPITAL, $150,000.00 . Acts as Trustee in all legiti mate relations requiring such service, as to real and personal estates and in bond issues. Does a general banking busi ness. . Solicits patronage of .those requiring service- of a well equipped and conservative trust company. " " Has funds for first-class im proved property mortgage loans. ' J. Frank "Watson, President. B. L. Durham,-Yice-President. ; W. H. Fear, Secretary. ' S. C. Catching, Assistant Sec 'y. 0. TV; T. Muellhaupt, Cashier. first mortgage and school district bond loans in each county from the principal of the' common .school fund, and the total loans from the Agricultural Col lege, and University funds. The state ment of the condition of the common school fund shows that there is In vested at rates of Interest from S per cent to 8 per cent, the sum of $4,940, 260.96, the average rate of Interest be ing over 6 per cent. There are ap proved applications on hand for first mortgage and school district bond loans for the amount available for loans from the three educational funds above named. The loans from the Agricultural Col lege fund produce a net Income; for the State Agricultural College of about $12,00J yearly, and the loans from the University fund yield a net income for the State University of about $6000. There are practically no loans from either. of the funds upon which the in terest Is delinquent. In the last four years there have been but three foreclosures of mort gages securing smalt loans, and In each case the land was resold without loss to the fund, from which the loan was made. The total first mortgage loans from the three educational funds on January 1, 1907, was $4,068,653.49, while the total on December 31, 1907, was $4,231,608.43,. an increase for the year of $172,954.94. The state has no indebtedness, bonded or otherwise, and it pays all of its obligations on de mand; Its warrants are cashed at par by every financial institution in the United States. i Principal of. School Fund. Statement of the condition of -the principal of tho Common School. Agricultural college, and University Fnnrte, December 31, IPO?-. COMMON SCHOOL FUND PRINCIPAL. Treasury Department. First mortgage loans, 6 per cent. .$3,963,027.09 School district . bonds. 6 and 6 per cent S26.145.00 Amount not loaned 293.281.60 Land Department, Certificates of sale of school land, 6, 7 and 8 per cent.,... 640,565.65 Certificates of sale of land resold, 6 per eeh; 110.522. SI $5,233,542.66 AGRICULTURAL COMEGE FUND PRINCIPAL. Treasury Department, First mortgage loans, 6 per cent..$ 174. 682. S9 Amount not loaned 7,880.11 Land Department, Certificates of sale of Agricultural - College land, , 7 and 8 per ct. 1S.121.S0 Certificates of sale of land re sold, 6 per cent 835.00 $ 100,519.30 UNIVERSITY FUND, PRINCIPAL. Treasury Department, First mortgage loans. 6 per cent$ 93.808.05 Amount not loaned. 5,697.31 Land Department, ' " Certificates of sale of University land. 6 and 7 per cent- , 240.00 Certificates of sale of land re sold, 6 per cent 4.370.00 $ 104,205.36 " Total of principal of all ed ucational funds $5,534,267.22 First Mortgage loans.. Ptatement of the amount of first mortgage loan In each county from the principal of the Common School Fund, December 31, 1907: Baker $ 131 .230.78 Benton 102.039.79 Clackamas -30.180. 84. Clatsop 3,140.00 Columbia i 38.757.54 Coos BH.324.21 Crook - 17.110.00 Curry , 27,651.29 Douglas 153,429.31 Gilliam ' 300.731.33 Grant 14!,39.6o Harney ; 175,723.54 Jackson , 122.802.96 Josephine 64.400.00 KJsJTUtth 7.... O2.870.0O Lake 17,023.81 lane 150,768.06 Lincoln - ... 26.244.88 Linn : t. .5J.864.34 Malheur JX'fS'S0. Marlon 107.1R6.86 Morrow 'i'8'?! iil Multnomah .' fSillii Polk -. 02.088.36 Sherman - Jll'594,-?? Tillamook k ITmat-nin. ... ............ 1W JS"" 20X670.39 Wallowa 'I.'.... 79. 120.45 5-S T ........I...: 232.607.58 TamhiH '-753.24 " Total first mortgage loans from the Common School Fund $3,963,027.90 Bond lAans in Each County ' Statement' of "the amount of school district bond loans in each, county from the principal of the common school fund, December 31 , '7. Baker ... ....--$ 2.tv,0.oo a;2Sr iS:S Cocs 10.000.00 Crook 4.800.00 GllUam ; Harne - O0 .00 Jackson ........... . S.OO0.00 Klamath 4.0.10.00 Kiamatn io.ooo.oo IJncoln ".'.".'.".."..J .; 2.000.00 Lin -. S.500.00 m':::::::::::"..--":v::::: "S: Morrow ..." . 14.420.00 MulSomab ns.W0.Jg Polk ' . ?9"-v9 Sherman - 5'X JS. 1 matllla ' i9-"in Union -J5-??-i5 Wallowa '.-!2! Wasco - 21-2V SS Washington ?-2!S-S2 Wheeler 1.5C0.0 Total scnooi nwinn "" .M ... . from the Common School Fund $.,28,145.00 rrAAt t- mnrtsme loans from the Agri cultural College Fund $174,682.39 Total first mortgage loans from the Uni versity Fund 3t698.05 Operate, on Coach Presley. VANCOUVER, B. C Jan. 7. Special.) George Fresley, coach of the Stanford football team, was successfully operated on for kidney trouble at the general hos pital this morning. Doctors McLennan and Munroe performed the operation, and Presley is in a very satisfactory con dition tonight. . , Great Sale '.--,- CHESTERFIEL We are giving the greatest values ever offered in high-grade merchandise. We propose closing out the entire Winter stock no reserve everything included in sale. All the famous Chesterfield Suits and Overcoats are on sale at the following wonderful reductions, blacks and blues included. All $20.00 VaTues, sale All $22.50 Values, sale All $25.00 Values, sale All $30.00 Values, sale Big reductions on Shirts, Underwear, Fancy Vests This is your opportunity take advantage of it. RECTOR'S HOTSHOT Walla Walla Pastor Airs His Views on Revivals. WAXES TRIFLE SARCASTIC Confesses Jfot "Too Much" Religion In St. Paul's Congregation, That He Has Good Flock, Empty Benches, Good Intentions. TV A Li, A WAUxA,- Wash., Jan. 7. (Spe cial.) Rev. Andreas Bard, pastor of St. Paul's Episcopal Church in this city, to night. In response to a request from ar local newspaper for his views on the re vival spirit In Walla Walla, grave the fol lowing striking and unique Interview: "Everybody knows that Episcopalians stand In awe of revlvalisiri. It Is easier to Imagine Bismarck wearing a Jacob-, lne's cap or Carrie Nation managing a variety show than to see the august con gregation of St.- Paul's occupying a mourner's bench In the tabernacle. To the majority of Episcopalians there is but one thing worse than 'no Tellglon,' and that Is "too much religion." I can vouch for the fact that In St. Paul's Union there Is not "too much' of it. "One reason for this Is the broad-mindedness of its rector. A man who preaches hell and damnation will do more for the bulk of churchgoers than the clergyman who speaks modestly of the great mys teries of God. Talmage, Spurgeon, Moody and our own brother. Hart, were specialists on the geography of Gehenna and crowded the auditorium. The Uni tarian Church, on the other hand. Is los ing ground, while the Episcopal de nomination manages to keep alive by so cial prestige and frills ot fashion. For successful evangelism, give a shouting, hell-fire preacher with a P. T. Barnum append!. "I will say for my flock, however, that they have a pretty church, good Inten tions, empty benches, classic music, fine millinery, no objection to smoking, whlEt clubs, no wandering boy tonight and a clergyman willing to be the scape-goat." Just what diversity of meaning the rector expeejs to be drawn from the In terview cannot be learned, but it is be lieved a sensation Is In store. TESTIXG MILK AT FACTORIES State Chemist Fulmer Visits Wash lngton Condenserles. PULLMAN. Wash.. Jan. 7. (Special.) Professor Elton Fulmer, State Chem. 1st. and head of the department of chemistry at the State College. Is In Western Washington taking samples of all the milk delivered at the condens erles at Kent, Chehaljs and Mount Vernon, and Is analyzing them at the laboratory connected with the plant, at Kent This work Is being done In con junction with T. C. Manchester, who Is chemist for the Pacific Coast Condensed Milk. Company. Professor Fulmer leaves Washington on the 10th for the" East, where he will gather more data and make an argu ment, both orally and in the form of a submitted brief, against the present condensed milk standard. In the East he will visit the following places, in. the order named: Ottawa, Montreal, Boston. New York. Washington, Pitts burg. Chicago and St. Louis. , Heavy Tax Penalty Jn Iilnn. ALBANY, Or., Jan. 7. (Special.) Because It (lid not pay its 1906 tax in Lihn County at the proper time, the Willamette Valley Company, which owns the electric llg-ht and water sys tems in this city, and also furnishes ; light and power-to Corvallls from the local plant, today paid, a penalty of $506.22. The total tax of this company j amounted to $2664.98; and had It I been paid before March 15 last, the company would have secured a rebate j ot $79.95. To escape a penalty the com pany should, have liquidated before April. 2, but for sbme reason the tax was not paid, and today when Sheriff I Suits and Overcoats price ?15.0O price $16.50 price ?19.0O price $23.50 All $35.00 Values, sale price $20.50 All $40.00 Values, sale price $29.50 All $45.00 Values, sale price $34.50 All $50.00 Values, sale price $39.50 269-271 Morrison Street Smith received the taxes of the com pany 19 per cent penalty had accrued. ASSESSORS MEET IJT YAKIMA Announcement Made That Railroad Values Will Be Raised. NORTH YAKIMA. Wash., Jan. 7. The tenth annual convention of the State Assessors' Association opened this morn 'Ing, nearly all members being present, and also the 9tate Tax Commissioners. Commissioner Frost this afternoon spoke strongly ' in favor of a constitutional amendment permitting separation of state and local taxation, also the Imposition of special taxes apart from the general property tax. The amendment Is to be voted on at the next election. The feature of the assessors' conven tion today, was the announcement by two members of the State-Tax Commission that the taxation of railway and timber property would be'greatly increased, the former nearly doubled this year. Commis sioner T. D. Rockwell, of Spokane, said that the Commission was in possession of all the necessary data for a fair valua tion of railroad property in the state and urged the assessors to be as faithful In their valuations of general property. FIRE REVEftLS DEFAULTER "WORK OF SEATTIJE HIGH FLYER BROUGHT TO LIGHT. E. Fanquler Alleged to Have Forged Checks and Taken Cash of Nor rls Safe & Lock' Company. SEATTLE. Wash., Jan.' 7. (Special.) Fire starting In the basement of the Norrls Safe & Lock Company building this afternoon did damage to the esti mated extent of 36.00O. I E. Fanquler. erstwhile secretary of the concern, is a fugitive from Justice, an al leged forger and defaulter to the extent of probably J8000. It is said that Fan quler has forged three checks In amounts ranging from )00 to J500. and that before he decamped, about two weeks ago, he helped himself liberally to funds in his control. Just why the -defalcation did not be come public until today and why it should have become public during the progress of the fire is a mystery. The lire started in the basement of the building, which is only a few doors from Are headquarters, but so stubborn was tt that the entire down-town department was summoned. Several firemen were overcome by smoke and heat and one of them, Ben Reeves,' a pipeman, was so badly suffocated that his. life was de spaired of. Samuel Brown, an employe of the safe company, went Into the basement to let the firemen in and was overcome by smoke. He was badly burned before he was rescued. The building contained, in addition to safes, a number of automo biles.most of which are nearly ruined. Courtinartial for Mayor Case. OLYMPIA, Wash., Jan. 7. (Special.) Because of newspaper Interviews In which he attacked his superior officers, members of the Seattle Armory Commis sion, Major Otto A. Case, of Seattle, will be tried by court-martial at Seattle Jan- S SATISFACTORY. Z Whisky and glycerine, mixed with Virgin OH of Pine, is said a to break up a cold in 24 hours and. cure any cough that is cur- J able. Get from your druggist one H -ounce vial of Virgin OH of Pine compound pure and two ounces of glycerine. Mix these thoroughly -with a half pint of good whisky and take a tea- v spoonful every four hours. ' It has been found that five ounces of tincture of Cinchona .com- pound can be used in place of whisky with the same result. J Virgin Oil of Pine compound pure is put up only by the Leach Chemical Co.. Cincinnati, J O., In half-ounce vials, each vial securely sealed .In a round . wooden case. Be sure to get the a genuine. ' D and Men's-Fine Hate - uary 20. according to general orders Is sued today by Frank M. Dallarn, act'.ng Adjutant-General of the state guard. Why Suffer? If you suffer pain from any cause, Dr. Miles Anti Pain Pius will relieve it and leave no bad after effects. That's the impor tant thing. Neither do they create a habit. More often the attacks become less frequent, or disappear altogether. Dr. Miles' Anti-Pain Pills have no other effect except to re lieve pain and quiet nerv ous irritation. "We are never without Dr. Miles' Anti-Pain Pills. My husband and son, aged 15 were always subject to sick headache until we began using these Pills, and they have broken them tip entirely. Don't think they have had to use them for six months. I recommend them to every one. A few weeks ago I heard an old lady friend was sick. I went to see her. She was down with LeGrippe, and nearly crazy with awful backache. I gave her one of the Anti-Pain Pills and left another for her to take in a short time. They helped her right away, and she says she will never be without them again. Last winter my husband was taken with pluerisy on both sides, and I know he would have died if it hadn't been for the Pills. In less than half an hour he was sweating, and went to bed and slept." ' MRS. G. H. WEBB, , Austlnburg, Ohio. Your druggist sells Dr. Miles' Antl Paln Pills, and we authorize him to return the price of first package (only) If It falls to benefit you. Miles Medical Co., Elkhart, Ind HELP FOR YOU! CONSULTATION FEEB Tbt Oldest arwl Host Rellab. Specialist In th Northwest for the cure ot CHRONIC, NERVOt'S AXOPHIVATB DIS EASES. MEN suffering fron. evil effects of youthful Indiscretion, later excesses, recent exposure, Cervous debility, varicocele, unnatural dls charges, lost vitality, faillnj? memory, unfitness to marry, blood, skin, kidney or private dis eases ars speedily cured. The State Medical Institute employs th most approved methods and they will attend you personally and com plete & perfect curs. In strict confidents at moderate expense. WRITBJ your troubles If you cannot call st our office. Thousands cured by correspondence and medicines sent secretly. Free to men lied leal book free. 150 pares, 25 uteturea First copy cost $1000; sent free, write for tt today end address STATE MEDICAL INSTITUTE 172 Washlnctom Street. UGAITLK, WASH. - l 1 Chamberlain's Cough Remedy During: the past 86 years no rem edy has proven more prompt 01 more effectual In its cures of Coughs, Colds and Croup than Chamberlain's Coush Remedy. la many bomei It Is relied upon, as Im plicitly as the family physician. It con tains no opium or other narcotic, and may ba given as confidently to a baby Mto an adult. Price 20c: lame size 50o -'1