6
THE aiORXTXG--- OREGrOXIAX," 'WEDNESDAY,' MARCH. 4, : 1903.
if
hen
PROPOSES
SCHEME TO GAKE
; Suggests Both Withdraw and
Statement No. 1 Friends
Unite on New Man.
; CAKE DECLINES THE OFFER
Per J a res Ho Kntered Contest After
lue Deliberation Says There Is
Boom for All and He Will
Gladly Support the Victor.
OREGON CTTT. Or., March 3.Sp-
lal.) W. 9. U'Ren, who last week an
nounced hid candidacy fr the Republican
J aomlnatfon of United States Senator,, is
''' Willing to iret out of the race, providing
H- M. Cake, alao a candidate' for Sena-
tor," will do the same. Mr. U'Ren'a solo
object is the elevation of Statement No.
1, and he ! willint: to sacrifice his own
political ambition, always providing- that
Mr. Cake will do likewise. '
Mr. U'Rens proposition to Mr. Cake is
Imply that they both- withdraw and al
low the Statement No. 1 Republicans to
1 eenter their strength on some man who
will be satisfactory to all factions. He
mention Judge McBride, Rerr Selling:.' T.
&. Wilcox and T. H. Bingham, but they
are only Instances, as Mr. U'Ren cares
not for men, but for measures.
Dividing Fulton's Opposition'.
Last Thursday l"Rrn called on "Mr
Cake in Portland- and put this proposi-
Hon before him. 'but "it was nof'recetved
with enthusiasm. Mr. Cake, however.
I probably realizes, as well as Mr. U'Ren,
f that with the division of the Statement
No. 1 forces, .neither of them can 'be
nominated, and they aro only throwing
. water on the wheels of Senator Fulton,
who is no friend of the Statement. U'Ren
declares that his battle cry is not "any
thing to brat Fulton." but he .wants a
. Statement No. 1 man lo receive the nom
ination for United States Senator. He
cares not who the man is, so long as he
. m aggressive and will lead the fight be-
.'.fore the people of Oregon In behalf of
the- popular election .of United States
Senators.
This afternoon Mr. i"Ren sent the fol
lowing letter to Mr. Cake:
Mru'ReiTs letter.
ORKC.ON OITT. Or., March S. Hon. H.
, M lake, Portland, Or. Iar Sir: I have
read yvjr platform with Interest. Recalling
our con vernal Ion last Thursday , you will
remember that we were both of opinion it
would - he wrong to divide the Republican
. StKtffmnt No. 1 vote at the primaries be
tween two candidates tf or Senator, both ad
vocating that principle. But I beg to aug-
- seat what I believe to be a better plan than
. the one you offered for deciding who should
ftntfth the ra-e.
The principle of choosing United Statea
Senators by direct vote of the people
through Statement No. 1 will he greatly ad-
vfnrrd If a Itepubllcan Statement No. 1
candidate fur Senator la brought forward
- at the primary election who can command
the united and harmonious support of the
Republicans of Oregon at the June elec
tion. I have not a doubt that this sup
port can be had for Hon. Thomas A. Mc
Bride. Theodore B. Wilcox. Ben Selling or
I. H. "Bingham, of Kugene. and probably
others, but I mention these because I know
any one of them can stand aggressively on
a platform at least as radical as yours. I
suggest that we both announce our willing
ness to retire from the field for any strong
man who can command the united and
harmonious support nf our party at th
general election In June. For myself. I
shall be very glad to withdraw at any mo-
ment for such a Republican.
Has Compromise Offer.
t ' But If that thought does not meet your
approval, then I shall be pleased to adopt
the plan you suggested, and which you will
Temember 1 approved at the time, that each
of ua aliould choose two advocates of State
ment No. 1, and the four s-hould choose a
fifth, the five to decide which of us should
retire. If this plan U- adopted I will abide
by the decision, which I think should not
be later than March 12 or March Ifi.
I believe you will agree with me that the
unqualified success nf the movement to se
cure to the people the power to select their
Senators and have their instructions obeyed
without question by the legislature la of
Infinitely greater Importance than the elec
tion of eltner of us, or any other Individual,
to the United States Ken&te. When the prin
ciple wl-ne this year. It is for all time, but
the Senator Is only for six years.
Because I believe that all the friends of
Htateme-nt No. 1 are equally interested In
this m fitter, and they should be advised of
f our plans as fully as possible,- I am now
fivins this letter to trie press,
' til
you klndjyi favor me with an early
reply.
nd oblige, youra truly,
W. S. ITREN.
CARE IX THE RACE TO STAY
Firmly Polities U'Rcil'b Proposition.
Room for All, He Says.
Mr. Cwke declines to accept the sugges
tion of V. S. U'Ren. and. having entered
the race, avows his intention of staying
in the contest until the April primaries.
When' Mr. U'Ren's letter was shown to
him last night he said:
"The open letter of Mr. U'Ren comes
os a surprise. 1 would say in reply that
more than a month ago 1 announced my
candidacy for the nomination for the
I'nited States Senatorship after due de
liberation upon and careful consideration
of the responsibilities involved ' in my
candidacy, and must now most respect
fully decline Mr. U'Rens proposals.
"In doing so. permit me to. say that T
have the greatest respect for ail the gen
tlemen mentioned as possible' substitutes.
Snme of them are personal' friends of
mine and would undoubttrdly fill the posi
tion with honor to the state and to them
selves. I see no reason, however, for my
retirement. The field t open to them.
They can enter the race if they so desire,
and If any one of. them is nominated he
will receive my hearty support.
sj'As to the conversation some time ago.
mentioned In the letter. T would say that
the suggestions pro and con concerning
limiting the nVM to one candidate sup
porting Statement No. 1 were tentative,
and 1 informed Mr. U'Ren next morning
that they would not be further consid
ered. T am now and shall continue to
prosecute my campaign vigorously, until
the primaries. April IT.
UMOV RFPIBIJCAXS IXITKD
Harmonious Gathering at Ka
Grande Back Whole Tickrt..
IaAGRANDB, Or.. March 1 (Special. )
The Republican party is stronger tonight
and more firmly cemented in Union
"ounty than ever before, as a result of
a central committee meeting which was
held in this city today in response to a
call from Chairman C K. Cochran. The
fius and rumpus usually attendant to a
committee meeting or a party convention
was entirely absent. Harmoniously the
large committee. Republican candidates
and G. O. P. ad he rants settled down to
business. To back the entire republican
t icket. unitedly, was one of the resolu
tions adopted. Another was to bring out
a heavy Republican registration.
Elgin and Union Republicans were here
nd registered a few complaints. but
they went home satisfied. While the
Republican ticket will be supported, still
machine politic was given a black eye
by-several speeches flatfootedly against
such a system.
Socialists Will Meet. -
OREGON" CITT. Or., March 3. (Spe
cial.) The " Socialist party of Clackamas
County will hold a mass county conven
tion in Oregon City Saturday, March 28,
at 2 o'clock, to place a ticket In the field
for the coming county election. On the
morning of the same day the members of
the party will choose delegates to the
state convention and select' a-county ex
ecutive committee. The Socialists of
Clackamas County cast about 350 votes
at the election two years ago, and it is
not believed that their number has In
creased. O. A. C. CADETS IX PARADE
College Willing to Aid inSuccess of
Portland Rose Show.
OREGON AGRICULTURAL COLLEGE,
Corvallis, March 3. (Special.) Corres
pondence ia in progress between the col
lege authorities and General Manager
Hutchins that may result in the Oregon
Agricultural College cadet regiment ap
pearing in the parade at the opening of
the Portland Rose Show. A letter was
recently received from Mr. Hutchins ex
pressing a desire for the regiment to
participate in the parade, and a tentative
reply was returned, indicating the de
sire of the college to do anything pos
sible to add to the success of the
carnival. Full information could not be
given because of the absence of Presi
dent Kerr in the East, who is expected
here about March 15. The question of
transportation is the principal difficulty,
as the movement of the more than 600
cadets in the regiment will cost a con
siderable cum of money.
The regiment consists of three battal
llons of four companies each. 12 com
panies in all. All are fully uniformed,
and by the opening of the Rose Show
will.be highly skilled in military evolu
tions. An adjunct is a military band
under the leadership- of Harry Beard,
formerly of the Second Oregon, and
which is an excellent amateur organiza
tion of 35 pieces. Immediately on the
return of President Kerr, the question
of transportation will be takenvup, arid
the matter of appearing In the parade
be definitely settled. The regiment, which
was then much smaller, appeared in one
of the parades incident to the Lewis and
Clark Fair.
ALBANY" - IX BOOSTER WAGON
Banquet Next Week to Engender a
'Get-Together'' Policy.
ALBANY. Or., March 3. (Special.) A
"get-together" banquet, to unite the com
mercial organizations of Albany and to
plan the greatest campaign of boosting
and publicity in the history of this city,
is being arranged to be held In this city
next week. A banquet will toe held and
Sou invitations issued to Albany men.
There will be two or three leading
"boosters" from other cities invited to
attend and deliver addresses but the pro
gram will be made up largely of speeches
on local conditions by local men.
One of the .primary purposes of the
banquet will be to consider action toward
a union of Albany's old Commercial Club,
which iias recently been rather inactive,
and the new "Boasting Club." composed
of the young men of the city. Plans will
also be developed at the meeting for
future systematic advertising.
This renewed activity to proclaim the
advantages of Albany comes at a favor
able time, for this city will this year
realize the greatest municipal Improve
ments in Its history. Chief among these
are an electric street-railway and th
paving of some of the business streets.
A number of new buildings are also
planned for the coming Summer, among
them some lodge halls which will add
largely to the appearance of . the busi
ness section of the city.
SELLS BAKER BANK HOLDINGS
X. U. Carpenter, Cashier Citizens
National, Coining to Portland.
BAKHR CITY, Or., March 3. (Special.)
An important business change took
place, in this city today when N. U.
Carpenter severed hi connection with
the Citizens National Bank, of which he
has been cashier and director." His suc
cessor will be Gug. L. Lindsay, for sev
eral years cashier of the First National
Bank of Sumpter.
The change was brought about by Mr.
Lindsay and Mr, F. P. Bodinson buying
the stock of the institution which was
owned by Mr. Carpenter. Mr.. Bodinson,
who is engaged in the drug business here
with W. E. Grace, is now in Chicago,
but writes that he is making arrange
ments to devote his entire time to the
bank: '
The bank has flourished during the
time that Mr. Carpenter has been cashier
and the directors, as well as the com
munity In general, are sorry to see him
leave. Mr. Carpenter will go "to Port
land to accept a position in one of the
banks there.
REFORM COCXCIL WRANGLES
Problem of Revenue May Again Re
store Saloons at Canby.
CA-XBY, Or., March 3. (Special.) John
Zeek. member and president of the Coun
cil, has resigned, and E. I. Sias, a promi
nent merchant, elected to fill the vacany.
In a conversation with Mr. Zeek he gave
as his reason for.resigning, the amount
of criticism and personal abuse that he
has been subjected to since the so-called
reform campaign last Fall, In which a
majority of the City Council were elected
by the -reformers,- Since that time the
Council has done nothing but wrangle
and the business men- have grown de
cidedly tired of the whole matter. The
city has no revenue whatever and its sur
plus accumulated under previous govern
ment is rapidly disappearing, and if the
reformers do not find a means to -raise
revenue to keep up city streets, walks
and improvements generally, the only re
course will be to grant saloon license
again. A "dog" ordinance has been in
troduced, a favorable sign of city
progress.
HILL BLOCKS HARRIMAX CREW
Grading Gang at T a com a Strike
Northern Pacific Property.
TACOMA, Wash., March 3. (Special. V
The Union Pacific grading crew in the
rfouth part of the" city has reached the
barricade placed across the proposed
right of way by the Northern Pacific last
Fall. When the approximate route of
the Harriman line was known, the
Northern Pacific purchased a piece of
land extending north from the South Ta
coma yards to the foot of the bluff near
South Thirty-sixth street. Yards were
established by laying rails across the
property and running a few old boxcars
up against the bluff. The Union Pacific
graders have now reached the fence
which incloses the new yards, and no
more work will be done in that direction
until a settlement is made with the
Northern Pacific.
Light Snow at Albany.
ALBANY. Or. March 3. Special.)
Albany experienced a very light snowfall
this morning. Trains coming into this
city from the South were covered with
snow and the snowfall was reported
heavy a few miles south of here, but at
this city the fall was very, light.
FAILS TO SHOW UP
Ex-Secretary ' Dunbar Slips
Cog for Prosecution.
CAN'T. GET 'HIS FIGURES
Suit to Recover Fees Continues at
SaFem Defense Admfts ' Certain
Facts, but Bases Defense : on:
.. Former1 Custom', of '.Office. .
SALEM. Or., March 3. tSpeciai.)
The failure of ex-Secretary of State F.
I. Dunbar to attend the trial of the
$100,000 suit in which he is defendant
and the state is plaintiff was some
what embarrassing to the prosecution
when the case opened today. Attor
ney L. H. McMahan. who is- conducting
the suit to recover $100,000 from the
ex-Secretary, had hoped to place Mr.
Dunbar on the witness-stand to testify
as tivthe fees collected by him during
his eight years' service as Secretary,
but Mr.- Dunbar was represented only
by his attorneys, G. C. Fulton and
George G. Bingham. Much of the evi
dence McMahan desired was not in the
official records, and therefore could not
be proven.
Collected $40,000 In Fees,
The present Secretary of State, F. W.
Benson,, was called as a witness and
testified as to the records in his pos
session. From his testimony, it appears
that in eight years Mr. Dunbar received
from the state $11,684 for making certified
copies of legislative journals and session
laws, $400 for filing articles of incorpora
tion. $17,1S6 for attesting notarial com
missions, and about $1350 for registering
trade marks. This makes a total of about
$36,000 thus far shown.
McMahan will endeavor to show to
morrow the amount of money collected
by Mr. Dunbar as Insurance Commis
sioner, the amount received by the Secre
tary of State for certified copies of city
charter bills and fees from various other
sources.
It is understood that Mr. Dunbar's at
torneys offered to stipulate that he. col
lected fees to the amount of $45,000, but
McMahan hopes to show that the aggre
gate was nearer $80,000, over and above
the constitutional salary, and the salaries
the secretary received for serving on
various boards.
Will Go to Higher Court.
So. far as Judge Galloway is concerned,
the law of the case has been passed upon
already, and it has been decided that the
former secretary is liable to the state
for alt fees collected by him in excess of
his constitutional salary. The trial now
is for the purpose of determining the
amount of the liability.
The case will, of course, go- to the
Supreme Court, the defense contending
that it was the legislative Intent that
the secretary should keep the fees, and
that usage has shown such to have been
the Intention of the framers of the state
constitution. The trial will be continued
tomorrow.
OPTION ON CMATILtA DITCH
Baker City Man Contracts for
$100,000 Irrigation Project.
PENDLETON. Or.. March 3. (Special.)
The deal which has been pending for
some time for the purchase of the Hlnkle
Ditch Irrigation project was completed
today when J. W. Mcssner. of Baker
City, paid down $10,000 to hold a 90-day
option. The purchase price of the proj
ect is $100,000.
While Messner has been transacting
the business personally, it is known that
he is representing Eastern capitalists.
The property included in the sale con
sists of a main irrigating canal 17 miles
long, several miles of laterals and 70000
acres of land.' About SOOO acres additional
can be reclaimed by the extension of the
ditch, and it is understood that the new
purchasers are to make this extension
at once.
The lands are located on the west side
of the Umatilla River opposite the Gov
ernment project, and the 'company has
one of the oldest water rights on the
river.
PLAN TO REOPEN BOISE BANK
J. W. Eagleson Will Make Attempt
to Raise $200,000 Fund.
' BOISE, Idaho.- March S. (Special)
Following a meeting of stockholders of
the Capttal -State Bank, which closed
its doors in January, an option was
this morning given John W. Eagleson,
a director, giving him 30 days in which
to arrange for securing money to re
open the bank. Mr. Eagleson stated
that he could get $200,000 or more if
necessary to arrange . for continuing
the business under the name of the
Capital State Bank, the plan to re
organize as a National bank having
been given up, at least until it is
learned whether the present plan. will
be successful.
Mr. Eagleson has left the city, to
meet the parties who are to furnish the
............................................................
money. Under the new plan, it will
be necessary for these to get hold of
a considerable block of the stock, and
it ts thought stockholders will willing
ly give this as a bonus. ...
PCYALLIP HOPS AT 4 CENTS
Shipment of 4 00 Bales Was Bought
Two Years Ago at 12 Cents. .
TACOMA. Wash.. March S. (Special.)
One of the largest hop shipments in sev
eral months was made -from the Paul R.
G. Horst yards at' Puyallnp yesterday.
The shipment consisted of 400 bales of
1S06 riops. A" London firm is the pur
chaser. Mr. Horst bought ' the hops for" 12H
cents a pound. The selling price is not
announced, but it is said to have been 4
cents. The shipment includes about half
of' Mr. Horst's holdings.
The transaction shows the condition of
the hop market as compared with two
years ago. and explains why some of the
hop fields are being plowed up and set
out to fruit. - -
FOGEIi GRANTED A NEW TRIAIi
Hopes to Be Freed Because Com
plaining Witness Is Missing.
ABERDEEN'. 'Wash., March 3.
(Special.) Louis Fogrel. a clothier, has
been granted a new trial by Judge Irwin
of the Superior Court. Fogel was con
victed of the theft of diamonds from
VIEW OF rRKSBYTKRIAN ( Hl'HCH TO BR ERECTED IV EtTOF.NE.
Mildred Russell, a member of the. demi
monde. The woman married Tonneson.
who pitched for Aberdeen last season, and
went with him to Chicago. Before leav
ing here she swore to an affidavit " that
she had wrongfully accused Fogel, and
on the strength of this statement the
retrial was asked for. It Is possible the
county authorities may attempt to. bring
the woman back here, and sensational
developments are suggested in connection
with the new feature of the case.
S LAI; GO TO IL
BLACK MEN FAIL TO MEET DE
MANDS OF NATAL ACT.
Dominion and Provincial Authori
ties 'Again Clash Immigrants
All Carry Hatchets.
VANCOUVER, B. C, March 3. (Spe
cial.) The game of shuttlecock be
tween the Provincial and Dominion
governments with the ' Hindu as the
victim eaw another round this evening.
Fifteen Hindus, who had' arrived yes
terday, by the steamer Empress of
Japan, were admitted as immigrants
by the. Dominion Inspector, Dr. Munro.
They were allowed to land. While still
on the ship, and .before the Dominion
Inspector had given his decision, the
new arrivals were lined up and exam
ined by Provincial Inspector J. Munro.
They failed to pass the examination
prescribed by the Natal Act, but tho
Provincial officer could not prevent
their landing under the Instructions
of the Dominion Inspector.
Once landed. Constables of the Cana
dian Pacific Railway Company forcibly
kept the Hindus from returning to the
ship, where they were ordered by the
Provincial officer. The latter was pow
erless against the force of special
Constables, and indeed against the
Hindus themselves, for the latter cer--tainly
did not wish to return to their
native land. -
Accordingly, the Provincial police. ar
rested the entire party and took them
to jail. Upon being searched, each
Hindu was found to be carrying a
hatchet.
FORM CHURCH AT STEVENSON
Congregational Society " Perfects
.... Pioneer Organization, v
STEVENSON, Wash., March 3.
(Special.) The organization of the First
Congregational Church of Stevenson has
been effected by Rev J. L. Hershner. of
Hoo'd River, with a membership of 23
persons.
Mrs. Margaret M. Sly was chosen clerk
of the church ; Mr. J. Lv Gordon and Mrs.
Bertha Athwell were constituted a com
mittee to call an ecclesiastical council, to
meet in Stevenson on Wednesday, March
18. to approve the action of the local
church, and provide a pastor for service
in the church and town.
This is the only- church organization in
Stevenson, although the M E. people own
a chapel. There is no resident minister
In Stevenson, nor community. The town
will grow rapidly and there is need of
regular church sen-ices, .'which the Con
gregational people will undertake to pro
vide. . W illiam Frederick Brayton. ,
OREGON CITY. Or.. March S. (Spe
cial J William Frederick Brayton died
this morning at his home in Parkplace,
agedV 70 years. He was born in Chautau
qua County. New" York, and was mar
ried at Morris,- III., in 1863. He came to
Oregon in 1871. He was a veteran of the
Civil War and a memebr of Meade Post,
No. i. Grand Army of the Republic: of
Abemethy Grange - and the First Bap
tist Church' of -this Trity. He Ib survived
by a widow and " three children Mrs.
William Blood and Mrs. Frank Kellogg,
of this city, and Myo Brayton. of Cash
mere. W'ash. The funeral will be held
Thursday from his late residence.
GETS NEW TRIAL
SUPREME COTOT REVERSES
CONVICTION IX WALLOWA.
Retrial of Murder Case Because
Dying Man's Testimony Was
That He Expected to Recover.
SALEM. Or., March S. (Special.)
The Oregon Supreme Court today
granted a new trial In the case of
James Doris, who was convicted of the
killing of Charles G. Sims in Wallowa
County in 1SU6. Doris was sentenced
to 10 years in the penitentiary. Tho
killing was admitted, but Doris, a maa
weighing 125 pounds, claimed that lie
had been assaulted by Sims, a man
weighing 185 pounds, and drew a re
volver to defend himself, but the re
volver was accidentally fired, inflict
ing a wound from which Sims died
next day. It seems that Doris was the
aggressor In a controversy concerning
remarks Sims was alleged to haVe
made to ' some ladles playing for a
dance. During the controversy Doris
called Sims a "d d liar." and Sims
struck Doris. The shooting followed
immediately.
Sims made a death-bed .statement,
but there was evidence that he enter-
tained hopes of recovery, though told
by his physician that he mght expect
the worst. At the first trial the death
bed statement was admitted in evi
dence and the trial judge. T. H. Craw
ford, Instructed the Jury that this
statement was entitled to the same
consideration as testimony given by
witnesses under oath. The Supreme
Court reverses this, holding that the
facts as to Sims' hope of recovery
should also have been submitted to the
Jury so that they could determine
whether the statements were made
under such circumstances as would en
title them to consideration as the dy
ing declaration of a decedent. This
case is distinguished from the decision
in State vs. Foot You, 24 Oregon, 61-66,
in which the question presented was
the admissibility of the evidence in the
first instance. The opinion, written by
Commissioner King, discusses many
other questions presented on appeal.
The Supreme Court, in an opinion by
Chief Justice Bean, affirmed the Judg
ment of conviction Intent against
James R. Seeley, by Judge Burnett, of
Marion County. Seeley was one of the
men who- engaged in a drunken riot at
St. Paul in 1906, at which time City Mar
shal Kf etcher was killed.
Other cases decided were:
Alex -Watts and Minerva Topping-, re
spondents, vs. E. M. Spencer, et at. from
Josephine County. H. K. Hanna, Judge,1 af
firmed; opinicn by Commissioner Slater.
Maud Mar back, respondent, vs. Younr ft
Morback, appellants, from Washington Counly.
T. A. McBride, judge, reversed ami remanded;
opinion by Chief Justice Bean.
S. T. Richardson, appellant, vs. City of
Salem, respondent, from Marion County.
Goorfre H. Burnett. Judge, affirmed; dplnion
by Justice Eakln.
Oregon Auto-Dispatch, appellant, vs. Port
land Cordage Company, respondent, from Mult
nomah County. John B. Cleland, Judge; re
versed and remanded; opinion by Justice
E&ktn.
WON'T SUPPORT THE ELMORE
Tillamook. People Still Demand Bet
ter Service With Portland.
TILLAMOOK, Or., March S.-(Special.)
Notwithstanding that the Pacific Navi
gation Company has notified the business
men here that the steamer Sue H. El
more is to be put on the run from Port
land to Tillamook, the business men and
dairymen will not support her if another
line of steamers is put on, for they con
sider it a move on the part of the trans
portation company to head off competi
tion from Portland, now that there is a
strong demand for a direct steamer serv
ice between the two places and the pos
sibility of another steamer. The people
interested in Tillamook County are want
ing a steamer with more and better pas
senger accommodations than the Elmore
affords, and with a larger steamer run
ning out of Portland it is thought that
hundreds of homeseekers would come to
the county, but they would not do so
where the accommodations are so limited
as on the Sue H. Elmore.
SALES FOR TAXES PROTESTED
West Seaside Residents Attack Lery
for Board -Walk.
ASTORIA, March 3. (Special.) Suits
were filed in the Circuit Court yestesday
by E. M. Grimes. R. L. Jeffrey. Mary E.
Stanley. Grace E. Low and G. M. Grimes
against the Town of West Seaside, ask
ing that the deeds Issued to plaintiffs'
property as a result of the recent sale
for the collection of delinquent assess
ments, made to defray the expense of
constructing a sidewalk along the ocean
beach, be set aside. The complainants
allege that the ordinances under which
the Improvement was authorized never
became effective for the reason that
copies of them were not posted within
three days after their passage in three
-public places within the limits of West
Seaside, as is required by the charter,
and also because the Council has never
provided any method by which the ref
erendum might be Invoked by the legal
voters against the ordinances, as is pro
vided by the constitution of the state.
The complaints - further allege that the
act incorporating the Town of West Sea
side, approved February 32, 1906, is totally
void, asit is in direct conflict with the
spirit of the constitutions of the State
of Oregon and of the United States in
that the charter of the town provides for
the election of officers who are non-residents.
WILL TEST BANK STOCK TAX
Olympla Institutions File Suits In
Superior Court.
OLTMPIA, Wash.. March S. (Special.)
One of the most important taxation
test suits ever filed in the state, and one
which- will determine the authority for
assessing bank stock under the new
Gunn exemption law, passed by the last
session of the Legislature, was instituted
In the Superior Court of Thurston Coun
ty by the two local banks of this city
today.
Both banks filed suit of a similar na
ture, in which they contended the ille
gality of the assessment of bank stock
and asked for a permanent restraining
order against the state and county offi
cials to prevent them from attempting
to collect the levy on the assessments.
The complaint alleges that the capital
stock of the banks is being taxed in an
unlawful manner, and that the levy
made this sear is equivalent to double
taxation. The banks hold that the capi
tal stock is invested and consists .of real
estate, warrants, bonds" mortgages and
certificates of deposit, and other proper
ties which are taxed, and therefore to
tax the stock would mean double taxa
tion. .
It is contended that if the law approved
February 36, 1907. was constitutional it
certainly included bank stock as exompt
along with other moneys and credits.
WEDS MAN WHO SCALDS HER
Albany Woman Concludes Life Not
Worth Living Alone.
ALBANY, Or., March S. (Special.)
August Kuss. who recently struck his
supposed wife over the head with a pot
of boiling potatoes, seriously scalding
her. was married today 'to . Callie Busse,
with whom he has been living for -years
in the belief that they were married.
About five years ago the two secured a
marriage license in California, and being
unable to understand English, .thought
they were married. After Kuss beat up
his wife and was serving a term in the
City Jail here for the offense, officers
began an investigation to prosecute him
on a - state charge, when it was dis
covered that the couple were never legal
ly married.
The woman refused to testify against
Kuss, and after he was released from
jail they made up their troubles. They
appeared at the County Clerk's office
today, secured a license and were married
in the Courthouse by Judge Stewart, with
newspapermen for witnesses. The man is
43 years old and the woman 60. Both are
natives of Germany. They came here
about six months ago and Kuss has
been employed in a local tannery.
ELM CREAMERY LEADS ALL
Holds Record for Chcballs County.
New Officers Elected.
ELMA, Wash., March" 8. (Special.)
At the annual meeting of the stock
holders oi the Elma Farmers' Co-Oper-ative
Creamery Company today, the
following officers were elected for the
ensuing year: President, James Glea
son; vice-president, F. W. Strubel;
treasurer, A. L. Callow; secretary,
Frank Groundwater, and general man
ager, J. C. Olson.
The creamery is in a prosperous con
dition, as shown by the annual report.
The Elma Creamery last year led all
creameries in Chewalis County in the
output of manufactured butter.
The new president of the creamery,
Jamra Gleason. is one of the heaviest
stockholders and patrons of the con
cern. He is one of the pioneer farmers
of this county, as well as one Of the
most prominent, and is the owner of a
big stock farm in the Satsop River
bottoms.
ROBBERS FLEE FROM BULLETS
Plucky Spalding Store Clerk Frus
trates Bold Hold-Up.
-SPALDING., Idaho. March S. (Spe
cial.) Two masked robbers made an at
tempt to hold up clerks in J. .W. Fender
sen store at 8 o'clock last night and only
the daring nerve of Clerk J. L. Noblett
foiled -their plans. Noblett and Will Har
ris were at work in the store when two
masked men entered by a rear door and
with leveled revolvers ordered hands up.
Noblett, instead of obeying, jumped be
hind a pile of goods and crawled into the
office", where he secured a revolver and
opened fire on the robbers, who became
frightened and ran away after firing sev
eral shots at the clerks. The holdups are
described as being of medium height,
neatly dressed, with long dark overcoats.
Both men wore long flowing black
masks.
Indians are receiving payment for their
leases, and Fenderson is keeping large
amounts. in his store, and this fact must
have been known by the robbers. Fen
derson had just left the store.
PLUCKY COLVILLE WOMAN
Attends Lodge After Sleigh Accident
With Both Arms In Splints.
COLVILLE. Wash., March 3. (Spe
cial.) With both arms resting in
splints, where they had Just been
placed by surgeons, Mrs. Henry Smith,
of Rice, last night attended a meeting
of the RebekahB, and remained through
the entire session. A party of lodge
people were on their way here to at
tend the lodge. At Meyers Falls the
stage was turned over in Ule street,
and Mrs. Smith was thrown out, both
arms being broken. She came on here
with the party, a drive of nine miles,
and had the broken arms set. She
then attended the lodge meeting.
REAL PIANO
BARGAINS
Sherman, Clay & Co. offer the public
some genuine values in slightly used
pianos, and they are values which are
apparent at once to the piano buyer.
Richmond Mahogany, looks like new,
$193.
Wellington Mahogany, can't tell from
new. $235.
Smith & Barnes Mahogany, magnifi
cent condition, $215.
Kimball Mahogany, taken in ex
change. $175.
Kimball Mahogany, big style, taken
in exchange. $215.
Fischer Mahogany, $400 style, a great
bargain, $285.
Hamilton Oak. fine condition. $197.
8tuyvesant Mahogany, big bargain,
$225.
Aside from the above we offer the
following pianos which have been out
on rent, but which are all in fine con
dition: One Estey, one Packard, one
"Winter & Son, one Mendelssohn, one
Stultz & Bauer and two of the old re
liable Ludwig, at prices which will
command your attention.
KOTEt Remember that at any time
within two yeArs you can exchange
any of the above pianos and have full
amount allowed on the purchase of a
Steinway .See our windows for display.
SHERMAN. CLAY & CO..
Opposite Postoffice.
Steinway Pianos, Victor Talking Machines.
Merchants
Savings 6 Trust
Company
247 WASHINGTON STREET
Capital $150,000.00
Does a general banking busi
ness. Pays interest on savings ac
counts and on time certificates.
Acts as trustee in bond issues.
Holds title to properties for
corporations, syndicates, estates
and individuals, pending distri
bution, settlement or other dis
position. Collects interests, incomes,
rents, etc., and furnishes sub
stantial investments for idle
funds.
The trust business kept en
tirely separate from the other
business of the company.
Correspondence or interviews
'solicited with those contemplat
ing any phase of our service.
Why
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