0
TIIE MORNING OREGONIAJT. WEDNESDAY, MARCH 8. 1911.
6.
tentlons ar refuted by the Supreme
Court and th lower court is affirmed.
Other Casse Decided.
Other cases decided today were:
Joseph Qlaoonl. respondent, vs. the City
ot Astoria, appellant; appealed from Clat
sop County, J. A. Kakla. Judr. Decision
Is reversed In an opinion by Justice Moore.
The action Is to recover damages tor an
to) P-'??"r,Z- . TT TT.eHt
That Feeling
Canadian Money Taken at Face Value
A Wise Man or Woman
F
IS
pursuing. The plan Is to make a re
lief map of the entire campus and to
represent on this map not only all of
the buildings, but to civ a complet
idea of th landscape work.
The map. whea completed, "will be
five feet by eight feet and will repre
sent more than a square mile area.
Th foundation for th map will to
mad In cardboard and finished In plas
ter of parts. Th buildings, which will
be worked oat In complete detail, will
be constructed of wood. Every tree
and shrnb on the campus will be ex
actly reproduced and all of the walks
and drives will be shown. Everything
will be In perfect proportion and will
represent not only form but the exact
colors appearing In the landscape.
The young men who are engaged In
bulldlnsr this model are W. G. Carson.
F. G. Brown. J. T. Burch aud C. K.
Hubbard. Th work has been In
T
of Fullness
Disappears In Five Minutes After
Powder River Irrigation Case
Reversed.
Taxtag a Stuart uyspepsia j.aoieii.
A Trial Package Sent Free On Keenest,
All of the unpleasant sensations at
tendant upon eating too heartily ar
Instantly relieved by a Stuart's Dys
pepsia Tablet. Like sticking a pin into
a rubber balloon. The reason Is simple
and easy to understand. .
appellant: apd from Dolas County:
court reversed In an opinion by Justice
Bean. The action is to recover 1300 for
services allesed to have been rendered by
tbe plaintiff In loeatlnc the defendant upon
a quarter of a section of Umber land.
M A. ZeUg, re ffix mi en t. vs. The Blue
Point Oyster Company and 6am Mackra.
aDDellants; appealed from Mumomah Coun
ty. W K. Oatens. Judire. On motion to
dismiss the appeal Is dismissed In an opin
ion by Justice Burnett.
Grants Pass Banking Trust Co- plain
tiff and appellant, va Enterprise Mining
Company, et aL and Condor Water A Power
ro Dlalntlff and respondent vs. Enterprise
Mining Company and Grants Pass Banking
Trust Co., defendant and appellant; ap
pealed from Jackson County: H. K. Hanna.
Juds-e. Decision is affirmed in an opinion
Bv Justice Moore. This Is a controversy
between creditors as to the validity of
a certain Hen.
Governor Declares Letter of
Law Regarding Taxation
Must Be Upheld.
OPINION FIRST OF KIND
State Supreme Court Uphold Crea
' tlon of Port Commissions In Suit
Involving Coos Bar Offi
cial six Decided.
ASSESSORS MUST COMPLY
ON
RQLBDDYWINS
ULL VALUATION
ORDERED
IDAHO
If County Attornojs Fall to Prose
cute for Neglect TlK-y Will Bo
KrmoTtd One-Third Is
System at Present.
FOI9F1 Iflaho.-March T (Special.) Tha
ftate Board of Bonalizarlon today took
the nirt drastic action In Its history by
crderir that all property In Idaho of
evry description shall be assessed at It
aetiwJ cash value. Heretofore, the same
property has been assessed at one-third
of Its valuation.
It Is asserted that the board acted
for fear of an extra aewlon of the L'K
l.il.ture threatened by Governor Hawley.
on account of the fact thit the constitu
tional limit Is almost reached In the mill
tax ar.d the bondintc Indebtedness Is near
tlie limit. Governor Hawley has not as
yet sinned the appropriations bill. It s
eaid on Rood authority that he Is serious
ly ronsidertn; the extra session.
"Hy the llvlnc God." said Governor
Ilw!ey during the Eiualtxatjon Board
meeting. "I brlleve It Is my duty and
the duty of the Board to comply to the
very U-tter of the law In taxation. I
am empowered with authority to enforce
that law and shall do so."
Notification has been snt to County
Assessor that they must aiwse In full
and If they f.:l the machinery of the
law will be placed In operation asalnst
them and they will be prosecuted. In the
event that County Attorneys refuse to
enforce the law they will be removed.
VISITOR PREDICTS INFLUX
Minneapolis Banker at White Sal
mon Sees Roseate I'uture.
WHITE PALMOS. Wash.. March ".
Sp.rlnl. Frank Holton. cashier of the
Northwestern National Bank. Minne
apolis, and treasurer of the Mount
Adams Orchard Company. Is here ac
compHnW by several associates. Mr.
Iloiton predicts a irreat year for Wash
ington, saying thousands of people are
headed tliis way.
In Minneapolis White Salmon Is "the
bis town." a Twin City White Salmon Ask
o.-!atlon of W7 members having; been
formed. Most of these will visit Whit
Salmon before the Summer Is over.
Mr. Holton Is enthuSitlc for county
iivl'on and the proposed railway up the
1. 11 from the North Band road and ha
oOred to taaa -considerable stock If
th line Is run clear through to the
north limits of White Sulmon.
"What we would like to see In Minne
apolis." said Mr. Holton. "is a "Greater
Hood River ay federation of all these
tributary frnlt districts growing- the
same high quality of fruit. With such
a federation under the supervision of a
stronc superintendent we would be as
sured of good profit for all time."
BOYS TAKE RISKY VOYAGE
J'onr In Launch Go From Tslltcooa
Lake to Ocean, Vp Slnslaw.
FLORENCE. Or, March 7. (Spe
cial.) Four boy. George Colter, Grant
Colter, Dale Harwood and Robert
Smith went on a darlrr; expedition
Friday. The boys left Tslltcoos Lake
In a small open gasoline boat and
went down the outlet out onto the
ocean. Thence they cruised np to th
mouth of the Sluslaw River and op the
river to Florence.
They shipped water only one on the
trip, when crossing- th bar at the
mouth of the outlet of the lake. They
took with them a tank of gasoline,
which they lasbed to the boat, and
Robert Smith provided a Jar of fruit
and a basket of eggs. for the trip.
This Is the first time that such a trip,
which Is considered Terr risky, was
ever undertaken.
TACOMA EASTERN HALTS
I1sin1.al or Suit May Mean Dis
continuance of Work.
CHETIALI3. Wash., March ?. (Special.)
Indication are that work on the ex
tension of t!t Tacoma Kastern branch
from Morton to Kosmos snd down th
Cowltts River has been uspendd ln
" definitely. The company has purcha.'d
much of Its r'.jrht of way, but had up
wan! of 3) condemnation cases In t. e
Lewis Ojurty 9uprior Court. In cases In
'which settlement with the owners had
not been eTectrd. Thme cases were to
- have been tried At a special term of the
Superior Court thiti month. Attorneys
for the compnny atted the dismissal of
- all the nm yesterday, and the belief at
the Courthouse Is that work will not pro
ceed further at this time.
It had been announced that the com
pany was assembling men and material
to rush work Immediately between Mor
ton and Kosmos.
i vy - . - r . . i
- .
i
w.
t I.
..lias 'nr-ltl --'
M. Greeae. Cltlsema Ticket
dldate for Mayor ef Eageae.
progress for the past two months and
It is estimated by Instructor Gould. In
charge, that It will take at least three
months more to complete the model.
When completed It will be placed on
exhibition at the State Fair.
EUGENE NOMINATES 7
IV. M. GIIEEXK CITIZENS' CANDI
DATE FOR MAYOR.
COOS HAS FAIR IN VIEW
Marshflcld liaising- SI 00.000 for
Balldlns at San Francisco.
MARSHFlELn. Or.. March 7. tSpe
ctaL Th Marshfleld Chamber of
Commerce Is receiving encouragement
from different parts of th county In
Its plan to raise 1100.000 to build and
eautp a Coos County building at the
Han Francisco Exposition.
The County Court will be asked to
make an appropriation every year to
help the fund and cltlxens and bust
ness Interests will be asked m ton-
trIMite.
The secretary of the Mars! field
Chamber f Ctrmiti has received
from the Bandon Commercial Club as
urines of co-operation of that body
In th effort to rats th sum sought.
MODEL OF SCHOOL ON WAY
Oregon AgricaUnral College Ma
dent on Five Month Job.
OREGON AGRICULTURAL. COL
LEGE. Corvallls. March 7. (Special.)
A complete and perfect representa
tion In miniature of th Oregon Agri
cultural College campus and buildings
Is th undertaking which four Juniors
In th school of englaeerlng axe now
Men Selected at Mass Sleeting- Fledge
Selves to Uphold Commis
sion Plan. .
EUGENE. Or.. March 7. (Special.
At a mass meeting In the Courthouse
this evening.. W.. M. Green was named
as a candidate for Mayor In opposition
to F. J. Berger. the administration can
didate for the same office. Further nom
inations oft the citizens' ticket were:
F. R. Wetherbee, Councilman from the
First Ward: A. W. McLaughlin. Coun
cilman from the Second Ward; W. A.
Bell. Councilman from the Third Ward:
O. D. Unu. Councilman from the Fourth
Ward; R. fi. Bryson. City Recorder, snd
Frank Relsner, City Treasurer. The
committee of IS which made the nomi
nations Is retained as campaign com
mittee. The question at Issue In the coming
campaign Is the submission of commis
sion form of government to a vote of
the people, and the nominee of this
evening's mass meeting pledge them
selves. If elected, to sumblt to the people
a commission charter at th earliest
possible moment.
The controversy out or wnicn tne pres
ent campaign arises began with a resolu
tion adopted by the Council Inviting
clUsena to propose charter amendments
to be submitted at the city election In
April. This was followed by a mass
meeting called by the Council, and pre
sided over by the Mayor. This meeting
declared Itself In favor of the commis
sion form, and committed the work of
drafting the necessary charter changes
to a commftte composed ot representa
tives of the Municipal League, th City
Council th Commercial Club, the Mer
chants' Protective Association, th uni
versity faculty and other organisation.
After th amendments were riled, th
Council refused to submit them to a
vote, and passed Instead an ordinance
naming a commission of nine men. to
be voted on at,the April election, to draft
a commission charter which would be
submitted later. This the friends of
commission government regarded as an
attempt to smother th whole commis
sion plan without delay, and the present
campaign is the result.
Th administration eanaiaaies ror
Councllmen have not yet announced
themselvea
SAJLEM. Or, March 7. (Special.) In
the first opinion of the kind ever handed
down by a court of laet resort, the Su
preme Court today reversed Judge Gallo
way, ot Marlon County, In the case of
Cooklnham and Thatcher versus the
Board of Control and O. Kinkelnburg. ap
pellants, and remanded the cause to the
lower court with Instructions to dismiss
a writ of review. The opinion was writ
ten by Chief Justice Eaktn.
In this case, according to the statement
of facts. Cooklnham snd Thatcher tiled
with State Engineer Lewis on applica
tion for a permit to make appropriation
of 3T0 second-fee of the water of Powder
River and to Irrigate 30,000 acres of land
as well as to construct a reservoir
to Impound the waters of Powder
River In Thief Valley with a capacity of
$0,000 acre-feet at an estimated cost of
toOO.000. The same day O. C. Flnkeln
burg filed eu application with the State
Engineer for a permit to construct a
storage reservoir In Tnlef Valley for the
storage of waters of Powder River for
irrigation at an estimated cost of $3)0,000.
Court Overrules Board.
The State Engineer, being of the opinion
that the proposed use In each case would
be a menace to the safety and the welfare
of the public, referred the application to
the Board of Control. After a full hearing
the board directed the engineer to refuse
the applications of the parties not
obtaining final contract with the Desert
Land Board tor reclamation of the lands
and to approve the application of the
party obtaining such contract. The plain
tiffs tiled a petition in the Circuit Court
of Marion County for a writ of review
and the Circuit Court sustained the
writ, directing dismissal of proceedings
before the Board of Control for the rea
son that it had no jurisdiction of the
proceedings and consequently the board
appealed.
State Controls Reclamation.
In his opinion Chief Justice Eakin holds
that the right to beneficial use of water
to be acquired under the permit applied
for Is not an opportunity to acquire a
monopoly of the water of a stream for
promiscuous sale, but must contemplate
a use upon specific lands which shall
become appurtenant to the land to which
It is applied.
''Certainly public interest demands that
a permit to Impound or control the
waters of Powder River in controversy
here should be granted only to such
person or corporation as, under con
tract with the state, will carry out its
plans to reclaim this desert land, and
It Is the duty of the State Engineer and
the Board of Control to act with the
Desert Land Board for the accomplish
ment ef this purpose," says Justice
link in.
"The reclamation of public lands Is a
public enterprise and la under the con
trol and direction of the state, and the
applicant for a permit to appropriate
or Impound water for the reclamation
thereof la to some, extent the agent of
the state and has a right to exercise the
power of eminent domain and by statute
is to have a lien upon the lands for the
repayment of the amount of his expendi
ture and interest. Therefore the private
Interests of the applicants for a permit
must be subordinate to the public Inter
est contemplated by the statute."
Port Commissions- Upheld.
In the case of the Bennett Trust Com
pany and Southern Oregon Company, ap
pellants, against Henry Sengstacken and
others, respondents, appealed from Judge
Coke, of Coos County, Justice Burnett
upholds the validity of th legislative
act creating Port Commissions. The
appellants attacked this law. commonly
known as the "Port Law." saying that
it violated the constitution. The ap
pellants also challenge the right of the
Legislature to attempt to put the act
In force Immediately upon its enactment.
A peculiar point was also raised in the
charge that the approval of the Governor
is a condition precedent to the taking
effect of the "Port Law," and that the
Governor haa never given his approval
to this act. In addition It was contended
that the special election for the Port
of Coos Bay was void because there were
but notices of the special election
posted, while the law requires that 180
such notices be posted. All of thesecqn-
IS.
GRANTS PASS AND ROGUE RIVER
LIXE IS ACTIVE.
Gradinc to Stream May Be Complet
ed This Week: JIaterial on
Ground Big Gang Employed.
GRANTS VPASS. Or March 7. (Spe
cial.) A big outdoor assembly witnessed
the ceremony attending the driving of
the first spike on the Grants Pass &
Rogue River Railroad, having for its
present terminus the Josephine County
caves. Considerable trading has already
been done, a contract has been let for
the bridgre across Rogue River and the
steel for the entire distance to be covered
baa been ordered. An engine and ten
cars are on the way to distribute ma
terial.. Seventy-five thousand dollars was
ralsed'ae a bonus to induce the company
to build from thla point There is a
strong belief that the road wlU not ter
minate at the famous caves, but will
continue to the coast and become a part
of a through line to San Francisco.
Exercises of the day were held under
the ausplcea of the Commercial Club.
President I B. Hall presided and In
troduced the speakers on an Improvised
platform at the Junction of" the Southern
Pacific and the Grants Pass Rogue
River Railroad Just south of the new
passenger depot here. The address of
welcome in behalf of the city was de
livered by C. H. Clements, who was fol
lowed by Senator Norton. H. I Chapln
spoke briefly on the policy of the new
railroad. The presentation of the sliver
spike to tbe Commercial Club was made
by A. D. Bowen president of the new
railroad. Mayor Myers officiated In driv
ing the silver spike, assisted by others.
Other speakers were N. O. Pike and A.
N. Parsons.
The Grants Pass & Rogue River Rail
road has made physical connection with
the Southern Pacific track. Extending
toward the south 300 feet of new track
haa been laid on the new road and sev
eral cars of material consisting of steel
rails, bolts, spikes and bridging material
are on the ground. If laborers engaged
in Portland arrive, sufficient men will
be upon the work to complete the entire
grade to the river this week. A house
and several shacks are to be moved off
the right of way near the present stretch
of grading.
RECLUSE BURNED IN CABIN
Charred Body of George Griffith
Found at Heceta Head.
EUGENE. Or.. March 7. (Special-)
Meager reports were received here early
this morning from Florence, saying that
George Griffith, a bachelor, had been
burned to death in his cabin near Hece
ta Head. His charred body was found
In the sshes of his cabin Saturday by
t i.vihnn.aWonrr Hanson, who went up
to Griffith's cabin with his mall.
Griffith waa 60 years old and lived
alone. The lodge of Masons at Flor
ence took charge of the body. j
MEDFORD TEACHER GUILTY
High School Pedagogue Convicted of
Returning Pupil's Blow.
MEDFORD, Or, March 7. (Special.)
Following a trial which lasted all
day before - Justice of Peace Dox ir
Jacksonville today, J. P. Cudihy. com
mercial teacher In the Medford High
School, was found guilty of engaging
in a fist fight with Zeely Hall, a 17-year-old
pupil In his class. Sentence
was postponed until tomorrow.
The cost of the action, which re-
Inflation Of The Stomach From Undigested
Food Quickly Relieved By A
Stuart's Dyspepsia Tablet.
When you take food into a etomach
that is tired and over-taxed the gastrlo
Juices do not form fast enough to digest
it properly. So the food becomes sour
and at once begins to throw off gases.
Tour stomach becomes Inflated Just as
surely as If you attached a toy balloon
to a gas Jet Then the gases and foul
odors Issue forth and pollute your
breath, making you an object of nausea
to your friends. Your tongue quickly
becomes coated and you can taste the
foulness that is within you.
Now all this condition is changed
almost lnstantiy by a Stuart's Dyspep
sia Tablet. This little digester gets
busy at once supplies all the digest
ive Juices that were lacking digests
the food in a Jiffy and opens up the
clogged stomach and bowels. It also
cweetens and refreshes the mucous lin
ing of the stomach and bowels and re
stores peace and content.
If you wll give Stuart'e Dyspepsia
Tablets a chance they will not only
sweeten your stomach but also your
disposition and you will never have an
other stomach 111.
One grain of a single Ingredient in
Stuart's Dyspepsia Tablets will digest
3000 grains of food. Tb's saves your
stomach and gives It the rest it needs.
All muscles require occasional rest If
they are ever over-taxed. The stomach
is no exception to this rule.
Try a box of Stuart's Dyspepsia Tab
lets and you will wonder how you ever
got along without them. They are sold
at BO cents by all druggists everywhere.
A trial package will be sent free on re
quest to F. A. Stuart Co., 160 Stuart
Bldp.. Marshall, Mich.
oulred the subpenaing of several pu
plls in the class and others who saw
the finish of the fight in the corridor
of the school, is $46.
Evidence showed that young Hall
had made a noise when entering the
classroom. Cudihy reprimanded him
and finally ordered him from the room.
Hall made a retort as he lert tne room
and Cudihy followed him to the cor
ridor, beating him there with clenched
fists until the boy escaped -into the
office of Superintendent Collins.
It waa shown that Hall struck the
first blow, but the punishment meted
out in return by Cudihy was, in the
onlnlon of the court, too brutal, con
slderlng the difference In their
physiques.
OUTLAWS CAUGHT AT PASCO
i
Two Stealing; Ride in Cab Are Armed
and Laden With Jewelry.
PASCO. Wash, March 7. Two
men clambered on Northern Pa
cific freight No. 601, near Provi
dence, and drove the fireman back Into
the cab when he endeavored to drive
them off. When a brakemau approached
and asked what they were riding on.
they said their artillery, and drew their
guns. Upon arrival at Paeco, about 11
t r hA Kvaa-emttn nointad the men
out to Officer Spring, and the latter
placed them under arrest- a bum
found in the sleeve of one man's coat
and the other man had a revolver in
his side pocket. Further search re
vealed a bottle of nitro-glycerlne, caps,
fuses, six watches, . several of them
j i . ..ntal rifnmnnri rlns-S and la-
dies' brooches. The estimated value of
the Jewels Is several thousand aouars.
On the way to Jail they attempted to
J0SEPBZSE COUNTY METROPOLIS WELCOMES GRANTS I PASS I : E0GUI :HVB RAILROAD, WHICH MAY BECOME THROUGH
alljl Al V -ak.e "
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. 5 ., ' ' : ..--, .-."-;.' ' -Vj - ':zx --. if.
CUKPSR Or THRONG
wmcEssuro snrmo or ktrst bixtbtr spike.
Will Read This Little Ad
He or she will then make a bee line for our big store
at Fourth and Washington streets, where he or she
will save some money.
$1.00 Box Imported Stationery, right from CQr
Berlin, 24 sheets, 24 envelopes. Special at. .
60c Hurd's Box Stationery, 24 sheets 24 en- Ai c
velopes; an excellent quality. Special at only
35c Box Stationery, 24 sheets, 24 envelopes, at. .18j
Woodlark Special Box Lawn Paper, one full pound,
196 sheets, 2Dc; ib envelopes, zoc; me wiioie yrv.
$1.50 style, at. 98?
hier bar train at only
Woodlark Fountain Pens
Regular Boy's Pocket
Knife, like this cut,
good, strong knife,
for
.48
Dust is beginning to fly
andDusters are needed
everywhere. We offer
one selected from regu
lar stock and a $1.00
value, at , GO
Whisk Brooms are al
ways handy. One should
always have several in
the house. A 25c one
now for only....... .19
25c Sink and Pot Scrub, well made, at ,... .,...10
Gold Fish, healthy and well grown, choice. ...T. .25
50e Red Rubber Gloves, all sizes, at 33
Here's a Rare Chance to
Own a Fine Chafing Dish
$20.00 value Copper Chafing Dish,
solid trood base, copper bound,
ample reservoir, only ..12.75
$12.50 Percolator, full nickel,
yours at 8.25
$1.75 Tattoo ''Alarm Clock, inter
mittent .1.27
Oval Picture Frames, glass and
back 25
Open a Regular Monthly Charge Account Today
Fourth and Washington Sts.
throw away the Jewels, but these were
found. A third man, who Is thought
to be Implicated with the grantr. was
picked up half an hour later by the
police.
WALLA WALLA GIVES FAST
Half of X. M. C. A. Fund of $45,000
Gleaned In One Day.
WALLA WALLA, Wash., March T
(Special.) Starting the "finish-the-Job"
campaign to raise the J4S.000 debt on the
local Toung Men's Christian Association
building, the business men of the city
today raised more than a third of the
amount before noon. By night half of
the debt was pledged and the remainder
of the two weeks is left to raise the
other half. '
The city is being worked over by a
committee of business men and by a
committee of women. The women's com
mittee raised J5000 In half a day and ths
men brought the total to $16,375 before
noon. This afternoon more was pledged
but early tonight no definite total was
announced, although It is believed that
more than 'half has been raised. The
City Council tonight donated $250.
Pomona Grange to Meet.
GRESHAM, Or., March 7. (Special.)
Multnomah County Pomona Grange
will meet at the hall of Evening Star
Grange, on the Section Line road, next
Wednesday In an all-day and evening1
session. Russellvllle Grange will be
the entertainers. It was intended to
hold the session in a hall at Monta
vllie, but a change has been made. The
county convention for the election of
six representatives to the State Grange
will be ' held In connection with
Pomona, and the installation of offi
cers tor the coming two years will be
a feature of the session. Mrs. E. A.
Niblin will be the Installing officer.
FASTEST TRAIN
BY NIGHT TO
SPOKANE
LEAVE
Portland 7:00 P.M.
ARRIVE
Spokane 6:55 A. M.
NorthBankLimited
Dinner is served leaving Portland. The fastest train be
tween Portland and Spokane. Busy people appreciate the
schedule; no time lost en route.
Observation Cars.
Compartment Bleeping- Cars.
Standard Sleeping Cars.
Dining- Cars, Meals a la Carte.
To aria t Sleeping Cars.
Flrst-Clasa Coaches.
NORTH BANK STATION. 11TH AND H0TT STS.
City Ticket Offices Third and Morrison St. 122 Third St.
r