Morning Oregonian. (Portland, Or.) 1861-1937, December 30, 1908, Image 5

Historic Oregon Newspapers

Morning Oregonian., December 30, 1908, Page 5, Image 5

Image provided by: University of Oregon Libraries; Eugene, OR

About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 30, 1908)

Prev Page of 16 Next Prev Issue Next Text PDF JP2 (4.4 MB) Clip/Print Image

Return to Top

Prev Page of 16 Next Prev Issue Next

Newspaper Page Text."5 Agents of TITE 3I0RMXG OREGOXIAN, WEDNESDAY, DECEMBER 30. 1908. The PiraoeiniiLngu. Are Now Canvassing in This Vicinity. They Have a Most Vital Story to Tell of How Life Insurance Has Saved the Home, Protected the Widow, and Educated the Children. Let Them Tell It to You. Built upon honest, upright and economical Life Insurance prin ciples, The Prudential has revolutionized all popular methods of Life Insurance and saving. It has thrown its protection around more than a million homes. It issues a policy free from technical ities and absolutely guaranteed. Its popularity is evidenced by over seven and one-half million policies in force. I I !r;'. 1 I -&V - f'1 IZ? ? Lf "vjV-rf A it Paid Policyholders Over 1 SO Million Dollars Ordinary and Industrial Policies Ages 1 to 70. Both Sexes. Amounts, $15 to $100,000. THE PRUDENTIAL INSURANCE CO. OF AMERICA Incorporated as a Stock Company by the State of New Jersey JOHN F. DRYDEN, President. HOME OFFICE, NEWARK, N. J. Agents Wanted. Good Income. Promotion. BRANCH OFFICES IN PORTLAND JOHN PAUER, Superintendent, Rothchild Building. P. M. HOWARD, Manager (Ordinary Dept.), Corbett Building The New Month ly Income Policy Provides Support for Your Family or for Your Own Old Age. Inves tigate It! DUNBAR RETAINS S1 00,000 PEES Supreme Court Decides State Has No Claims on Money Collected. LOWER COURT REVERSED Question of Constitutionality of State Officers to Accept I'ecs Not En tered Into by Decision. Opinion of Eakin. SAI.KM. Or.. 2!. (Special.) Hold ing that the slate lias no right to recover roes collected by ex-Secretary of Stale F. I. Dunbar, the Supreme Court today nanam awn a decision reversing the de ere entered by Circuit Judge William t.alloway. in which judgment was given for over S!W.n a sains t Dunbar. The opinion of the Supreme Court was" written by Justice Robert Eakin. no opinion i me court does not pass upon the question whether the constitu tion prohibits the payment of fees to state ontoers In addition to their con stitutional salaries. "Assuming.- without deciding.-' says the opinion, "that the compensation is fees and perquisites and witiiin the inhibition of the constitution, then the acts authorizing them are clear ly void, to that extent, and cannot be construed as authorizing the collection of tliem for trie use and benefit of the state." The court also holds that the compen sation authorized by the Legislature for transcribing the journals and session laws Is lawful, for it Is not compensation for personal services but is to pay the expense of having such records transcribed. TOWNSHIP DEAL FAILS Clurk County Attorneys llncl Legal Majority AVas Xot Obtained. VAXi'OI'VKR. Wash.. Dec. (Spe cial.) Clark County will not be divided into townships after all. as it has been discovered that township organization did not legally carry at the last general election. In the November election there were cast in favor of township organization 1515 votes and against it 3Hi. As this was a majority of the votes cast on this question, it was concluded that the proposition had carried. The County Commissioners divided the county Into townships, named the townships and set a time for electing the township officers. Th people have been planning great things for themselves in the way of good roads and the County Assessor-elect has been sweating lest he would lose the Job lie was elected to AIL for each township was to have its own Assessor. But it appears that the State Supremo Court has rendered a previous decision wherein a majority of all votes cast at the general election Is necessary to fiass a local measure such as township gov ernment. In Clark County at the last general election 4170 votes were cast, a majority of which would be SOStj. All told only 1911 votes were cast on the township question, therefore the question did not carry. Prosecuting Attorney James P. Staple ton is now preparing an official state ment of the case. GRADING INJURES HOUSES I'ine Residences In South Bend Liable to Collapse. SOUTH BEXD. Wash.. Dec. 29. (Spe cial.) Destruction of several fine resi dences on First street is threatened by grading operations. A cut of 27 feet was made In front of three handsome residences, and. owing to a seepage of water underneath the properties, the banks immediately began caving. In efforts to save the property hundreds of dollars were expended in bulkhead Ing and terracing. The bulkhead has been completely destroyed and the houses themselves are already partial ly undermined, and it looks as if the only way to save them is to move them to other locations which, on account of their present, location, will be difficult and expensive. A big slide last night has left one house In a critical condition and it is feared It will collapse before It can possibly be moved. FRAME WATER CODE Meeting for This Purpose to Be Held January 6. ADOPT WYOMING SYSTEM WIRE SHOCK KILLS ALLEN Workman Meets DeatJi Xear Phoe nix, in Josephine County. MEDFORD. Or., Dec. 29. (Special.) Chester R. Allen, son of James Allen, at Stringtown. an employe of the Condor Water & Power Company, of Medford was killed near Phoenix this afternoon by a shock from the electric wires on which he was working. A. E. Dunlop, who haa the contract for stringing the company's wires to Phoenix, hired Allen yesterday and warned him from throwing a wire from the ground to the live wires overhead. At 3 o'clock this afternoon Allen did the same tiling and he was knocked down. He replied "Yes." when his fellow-work men asked him if he was hurt. Dr. Conroy. of Medford was sent for. but in spite of everything done. Allen died Inside of one hour. He was well known and well liked through all thi part of the country. DUCK HUNTER IS KILLED K. K. Cost, of Coast Artillery, Pulled Loaded Gun Toward Self. PORT TOWXSEXD. Wash., Dec. 29. (Special.) Robert E. Cost, a Corporal of the 14Sth Company, Coast Artillery, garrisoning Fort Casey, was accidentally shot and killed while duck shooting this morning. With his company commander. Frank B. Edwards. Cost was engaged In erect ing a blind. The flight of a flock of ducks caused him to reach for his gun. In drawing the weapon toward him one barrel was .discharged, the full charge entering his face. The dead man was a native of Ala bama, enlisting a year ago at Denver, where an uncle resides. Northwestern People In New York. NEW YORK. Dee. 29. (Special.) People from the Pacific Northwest regis tered in New York hotels to-day as fol lows: Portland Herald Square. L. G. Brown. York J. W. Burgan. Imperial L. Bates. Tacoma Woodward, Mrs. H. P. Tuttle. Details of Xew Law to Be Worked Out by Commission and Com pleted Bill to Be Presented to the Legislature. SALEM. Or., Dec. 29. (Special.) The bill for a new water code for Oregon will be completed on January 6 at a meeting to be held in this city by the water committee of the Oregon Conserva tion Commission. .1. X. Hart, of Baker Counsy, and F. J. Miller, of Linn County, performing the work. At the meeting here on January 6 it Is expected that nearly all the members of the water committee will be present and go over the bill thoroughly, considering It In all Its details and placing it In shape to be introduced In the legislature which convenes on January 11. The , members of the committee are State Engineer J. H. Lewis. Salem; Austin T. Buxton, of Buxton. J. N. Hart. Baker City: W. R. King. Salem; E. L. Lake. Corvallis; R. W. Montague. Portland; F. J. Miller, Al bany; W. K. Gaston; J. C. Stevens. Port land; C. B. Watson, Ashland; J. R. Wil son, Portland. To Draft Completed Bill. The general committee decided that the mil shall be based upon the Wyoming water law, but left the details to be worked out by the sub-committee. It is the desire of the committee to have the bill in such shape that it will be passed by the legislature without amendment. The bill will probably be introduced early and be given prompt attension. so that it will not come up for consideration late in the session when a flood of bills pre vents careful attention to any. The ex act nature of the measure will not be known until after the meeting of the committee. It is understood that W. R. King, who is one of the Sunieme Court Commissioners, will not participate in the worn or preparing the bill. But though the exact nature of the hill is not known the general principles to be lonowea in training it were thus stated by the Conservation Commission: State Control Provided. 1. Complete state control of diversion from reams. No water rieht in th fmur,. become vested excent bv nnnmnH,itnl. ..nri-- the. lanf, rules and regulations prescribed by the tate. and the diversion- or wnter with out right from a public stream. Including all .imnuiBiy .runjiui interrerence wit-. tha rights of others, to the injury or ftnotbei- should be made a misdemeanor. -i. A system whereby the priority and lim itations of every existing right to the u- of water can eventually be ascertained. 3. Provision for a reliable ieeord in some central office of all rights to the use of water as determined, and of new right as Initiated. 4. That actual measurements of ditches and streams be marie as a basts for the adjudi cation of existing rights and for the initia tion of new rlrhts. 5. To provide a definite procedure whereby rig-hts to the use of water can be acquired. H. That beneficial use be mad the basis, the measure and the limit of all right to the use of water and that water for irriga tion purposes should be made appurtenant to the land irrigated. 7. All rights to the use of water for power development should ba limited to soma speci fied time, subject to renewal under certain restrictions. 8. An efficient administrative system, with proper officers for the distribution of the W8ter supply among those entitled to its use. 8. An adequate system of fees, payable to the state by those benefited, so that even tually the system shall become self-supporting. System of Administration. The Wyoming administrative system is thus described in the Commission's re port .- ' The State Engineer is president of the Board of Control, which is composed, with him. of the superintendents of the four water divisions of the state, and the duties of which are to determine and adjudicate all rights to water and to grsnt permits for its use. As administrative officer of the Board of Control, the State Engineer has super vision over the division superintendent, who in turn have supervision over the water I commissioners of various water districts and tnese orncers togetner control me appropria tion, distribution and division of all the water of the state. Xo water can be legallv appropriated' in the etate until authorized by the State Engineer, and then only If there is water unappropriated, and the State En- I gineer' office is made a place of record ' -II 1. II r.t Th. dint.. Engineer has also general supervision over all reservoir construction within the state. The water commissioners have authority to prevent the waste of water and are vested with police powers to enforce priorities of r!ght to water, as established by the State Board of Control or the court. The State T".niHneer. division superintendents and water commissioners are appointed by the Gov ernor, the latter on recommendation of the division superintendents. BANK TO PAY BACK First Dividend at La Grande on March 1. $85,000 NOW IN SIGHT INSANE UNEVENLY DIVIDED Several Counties Produce More Than Proportion to Population. SALEM. Or., Dec. 29. (Special.) I With a few exceptions the several counties of the state have sent to the State Insane. Asylum a number of pa tients In proportion to their population. Multnomah, for instance, which lias about one-third of the population of the state, is credited with one-third of the inmates of the asylum. Marion County, because it contains the tnstltution, has sent to the asylum more than its pro portion based upon population. Clatsop County, the convenient refuge of de ranged sailors, has charged to it far more than Its proportionate share. Umatilla County, which is so situated that it received patients shipped out of neighboring states, has also an ex cessive number of patients in the insti tution. The biennial report of the superin tendent of the State Insane Asylum shows that the 1558 patients now under treatment were received from the several counties a3 follows: County. Males. Females. T't'l. Baker Benton . ........ .Clackamas . Clatsop . Columbia Coos Crook Curry lJougias Gilliam Grant Harney Jackson Josephina . Klamath Lake Lane .. l.lim Lincoln Malheur . ....... Marion Morrow Multnomah Polk Sherman Tillamook Umatilla 1'nlon Wallowa Wasco Washington . .... Wheeler . ....... Yamhill Totals . 24 Si . IS r. -i . 4 24 72 . 64 22 7 . 17 S 22 . 19 12 31 . 0 4 14 1 1 . 34 1H 52 . 14 :t 17 7 3 10 7 1 X . 30 10 40 . 22 5 27 .11 I 12 7 2 9 . 42 IS 0 . 40 21 61 4 2 6 H 2 10 . 10:! 4.-. 14S . 10 1 1 . 83. 161 . 496 . 12 11 23 . . . . 1 1 4 2 S . SO 17 67 .33 S 41 7 4 11 . 40 21 61 . 3r. 12 47 '. 27 15 42 .1078 4S0 1558 D. E. Templeton, Pioneer, Dead. PRIXEVILLE. Or.. Dee. 29. (Special.) David K. Templeton, a widely-known pioneer of Crook County, is dead In this city from apoplexy at the age of 78. Receiver Xeidner Reports That He Hopes to Increase This Sum. Scriber Des'trojed Many Good Xoles With Bad Ones. LA GRANDE. Or.. Dec. 211. (Special.) March 1 is the date selected for the payment of 40 per cent dividends to cred itors of the defunct Farmers & Traders National Bank. This was announced positively today by Walter Xeidner, re ceiver for the wrecked institution. The third installment of the stock holders' assessment Is due February 10, which, according to Receiver Neidner. will be ample time to complete arrange ments to pay creditors the 40 per cent dividend on the first of the following month. Mr. Neldner further declared to day that he is hopeful of collecting be tween $30,000 and $35,000 of tlu; double lia bility of stockholders. T"p To this timu he has collected $12,000 from this source. He declares tha the bank has $$5,000 in sight at the picsent time. The wrecked bank, according to the receiver, will pay 65 per cent on all deposits. He has been unable after the most exhaust ive Investigation to discover more lia bilities than those already announced. But. on the other hand, he says there is a chance for other assets. Among the amazingly peculiar opera tions of ex-Cashier J. W. Scriber was the destruction of many really good notes. On the night of his sensational flight he is known to have destroyed many notes, all of which, it was at iirst supposed, were forged and valueless. But investigation has shown that in the bundle he carelessly seized and care fully destroyed were a number of good notes with genuine signatures. Another peculiar feature is that there are no records In the bank to account for the existence of certain good notes. For Instance, a banking house in Soattlu owes the defunct Farmers & TraiTers National money on certain notes. of which there is no record here. Among the assets of the bank which, however, are not included by the receiver in the list of assets, is a larse amount of stock in a Sumpter mining company. In his official position Mr. Neidner regards these as valueless, but he stated today that there are good reasons to believe he will be able to realize on them. "Mr. Scriber is a physiological study to me." said Mr. Neidner. "He is the cleverest I have ever seen and is a problem. He has been sincere, however, in his efforts' to help us untangle the af fairs of the bank." here thirty-eight years. He resided suc cessively in New York. Missouri. Cali fornia and Oregon, coming to Yakima from The Dalles. He was a pioneer hop grower of this section. his advancing years operated Ills hop yard up to the time of his death. The deceased had considerable property, including lt0 acres at Tampico. a large ranch near Parker, and two sections of wheat land in Hor?e Haven. The funeral will be held Thurs day morning. When Mrs. Herke died in 1879. she was at The Dalles and he was was at Tampico. lie walked the entire distance, covering it in two days, from Tampico to The Dalles, a distance of 100 miles, and arrived there in time for the funeral. Mr. Herke was one of the men who assisted in the opening of the stage road to The Dalles, commonly called the C.-tn-yon road, by whicli freight from this dis trict was hauled to The Dalle. Mr. Herke and his family had many exciting experiences with the Indians in the early days. At one time early in the seventies when he was away from homt' his house at Tampico was attacked and the children escaped by dropping through a trap door in the floor and thence out through the cellar and Into the brush where they remained hidden until the In dians had ransaked the house and ridden away. CALDWELL SANE THE! SAY BIT WITXKSSES PUZZLED AS TO MEANING OF WILL. Contest Over Division of $75,000 Estate Creates Interest in A I Im 11. v Court. ANTHONY HERKE IS DEAD Yakima Pioneer, Once Resident of The Dalles, Passes Away. NORTH YAKIMA. Wash., Dec. 29. (Special.) Anthony Herke. pioneer, is dead in this city, aged 72. Ha iiAd lived ALBANY, Or., Dec. 29. (Special.) Testimony to prove that V. H. Caldwell was perfM-tIy able to make a will when lie bequeathed the hulk of his $75,000. estate to seven of his 14 children, cutting off the others with $."iX eacii, was in troduced today before County Judge Dun can in the hearing of the contest of the will. Having proven li is .signature to the document now the baMs of tin- hard fought controversy, the executors are now trying to establish the mental capa city of Caldwell, the contesting heirs having' asserted ti.it the old man was fceb.e-mindi d anJ that Georjc W. Cald well, a -Portland attorney, who is named as one of the executors and also a trustee without bond of a ilO.OOO fund for charity, ued undue influence over his father in making the will. Tiie will was signed November J:S. 1907. and Cald well died April X, The evidence t lie executors are pres. nting tends to show that Caldwell was of sound mind at tiiu time the will was made. i The hearing will probably continue nearly all week. Great interest is mani fested in the contest and a large num ber of people attended the hearing to day. The attorneys for Almeda Cald well, the contestant of the will, swtrt that some sensations will develop regard ing the v. ill when the testimony on be half of the executors is concluded :tnd tlvy begun the introduction, of their evidence. . t The will of Caldwell, which, unless broken, governs the disposition of an estate warth at least $75,000 and which is now being contested, makes the follow ing bequests to his 14 children: To Mary S. Kantz. of Portland, J1O00: to George W. Caldwell, of Portland. HflftO; to Andrew J. Caldwell, of Stayton. $2000; to Nellie A. Hughes, of Forest Grove. $1500; to Wil li,.., f'ul.lv-ell. of Alhunv. SlTioO- tit Martiia M. Marsh, of Albany. $.hvhv to j 9a rah P. Caldwell, of Albany. $2ii; to , Charles Caldwell, Lydia rOdhoim and Frank Caldwell, all of Portland, and Frederick Caldwell, J&me Caldwell and Almeda Caldwell, all of Albany, $500 each; to Jane Schoe. of Albany. $100. Tiie will bequeaths Jlo.wij for charity and names Goorse W. Caldwell and Wil liam Caldwell, who are also named ex ecutors, as trustee of the fund to dispose of it as they see fit. To the six children of his deceased son, J. Harvey Caldwell, V. 11. Caldwell gave J.V) each and to Violet Caldwell and Frances CVlduell, daughters of Charles Caldwell, of Portland, he gave $10 each. Alter ihese, bequests and the payment of the indebtedness of the estate, the balance, which will be in t lie neighbor hood of $.".11,000. is to be divided cqu-.illy between Mary S. Kantz, George W. Cald wvll, Nellie Hugrhes. Andrew J. Cald well, W illiam Cald vell. Martha Jl. Marsh and Sarah F. Caldwell. The contesting heirs say that the be qu.'St of only $100 to Jane Si-hoe. Is ex plained by the fact that she, married against her father's wishes bnt they s sert t lint they are unable to understand h?s discrimination agcunst t lie oilier six youngest children, especially against the contestant of the will, Almeda Caldwell, who Is the youngest daughter and an in valid and regarding wlio.se care after his death her i'ath-r had often spoken. The Stomach Does Not Cause Dyspepsia Neither Will It Cure It Because tha Lack of Gastric Juices Pro hibits Relief. The stomach is a strong, powerful or gan, which is composed of muscles of great strength. -It is filled during di gestion with gastric juices which, when the stomach, extending and compress ing the food, dissolve it and separate tiie nourishment from the waste matter. If, however, tlie.se gastric juices are lacking, the sti niach is not capable of digesting its food because it has not the tools witli which to work successfully. The gastric juices when in n perfect state do away witli all foul odors, fer mentation and decay, reduce the food to a ilisinleKratyi mass and the stom ach then presses It into the intestines where another form or digestion takes place. Then the Intestines take from this mass of food all that is nourish ing and give it to the blood. The waste matter is thrown from the system. If instead of nourishment the in testines receive impure deposits com bined with a poisonous and imperfect gastric j'lice, it can be readily seen tiiat they mii.it turn such Imperfect nourishment into the blood. The blood then being unable to give each part of the body that which it requires, becomes impoverished and disease is spread broadcast. Stuart's Dyspepsia Tal lets corrects sueli a condition at once. If the gastrio juices aro inciting ami nnperieci these tablets do tiieir work just the same. Th-y build up the elements in the juice which are lucking and remove those elements which cause disturb ance. Meat, grains, fluids, vegetables and delicacies, in fact eacii portion of a lare meal have been placed in a glass rlai and Stuart's Dyspepsia Tablets have digested them to a perfect fluid just as a healthy stomach would do. A largo complex, brarty meal holds no terrors for a dyspeptic if Stuart's Dyspepsia Tablets are used. Abnormal tatin. late dinners, rich foods cause ill effects to the stomach, but when Stuart's Dyt-pepsia Tablets are used tina may eat when and w hat one will with out danger cf dyspupsia or discomfort. Forty thousand physicians endnrso and prescribe Stuart's Dyspepsia Tab' lets and every druggist carries them in stock, price 50c. fend us your nam and address and w-e will send vou a once by mail a sample package free Address F. A. Stuart Co., 16U Stuart Bid,, Marshall, Mich.