."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.