THE 3I0RX?O OKECJOXIAN. THURSDAY, " MARCH 7, 1912. jHOME RULE ACT OF I 1910 IS HELD VALID : Supreme Court Declares Cities ; Can Pass Their Own Liquor ; Laws, Apart From County. RULING FOR ENTIRE STATE Trt banal Ovrrturir Conviction of Sprlnsflcld WhUky - Seller on Ground That-III I.lopne V I.csally Obtained. ; SALK.M. r.. March . Special.) u 1 folding that th home rule amend . mmt of 191 U e.f-xecuUnr. that ; cities and town utaml aa separate en ; title and that the existence of pre j clnrts which extend partly within the ! border of a city and partly without d not Invalidate an election held with f proper procedure under the home rule amendment, JuntUe Mc Bride. In an opinion of the Supreme Court yester day. Interpreted that amendment. The ajueattona Involve are of statewide im portance and affect every city and town that ha attempted t vote as a unit under the amendment. Justice Burnett dissented fir reason given in State ts. Schluer. B Cr. It. The case In question that of the Ftat actnt I'erklns, or what I more familiarly known as the -jSpringcneld ' home rule case " Tna train point involved was whether tua two county election precincts In which princnrld la situated included uttde territory and electors. The defendant Perkins was convict ed of the rrlme of selling in toxUai tnz J.-juors without a license and. havms; been sentenced to pay a fins of lit and costs, appealed. raeta awa t rt. The fact were substantially a fol lows: At the rrneral eleetlon h-M In June. rOS. the whole f UQ4 County became prohibition trtitory and there haa been chance In the county Status until the present time. The on of iiprlnicrirld on November 7, 1911. tiat hetD4 the date of the rexrular city elation. Tote. aaslnst prohibition within It border hy a majority of 3t). Tti County Court then made an order tit tb sale of into lea linr liquor should be permitted in iSprinirneld. A Ilrensa was Issued ! the defendant J'vrklns and pursuant thereto he be gan the hustnes of r-Cl!n.r Uqnor and hin a rr- t and conviction followed. Justice McBrlde. In ht opinion. ys: Tne sole qtietlon here I whether cr not the ton of prinsneid had au thority to hidd a local option election under section 2. article XI. of th con stitution a amended In 114. common ly known a the 'home rule amend ment,' while county prohibition wa In force aa a whole, where the two coun ty election precinct In which Spring field wa situated included outside ter ritory and elector. -la State v. Hchluer (Or ) 118 I'ac. 1eS7. and State vs. Ilrarn nr. 115 P c. li: 117 Pacific 412. we discussed sjen ermlly the effect ' of the home rule amendment on the local option law and It may be taken a settled that the effect of such amendment uaa to di vorce all municipalities from the coun ties of which they form a part and to create separate entitle or unit for 1h purnie of puttina Into effect the local option law. lie for the amend ment the county wa the la r area t unit and :he election precinct or city ward wa the smallest. The whole of an lncurKratel city w:t a I so made one of the units or subdivision within whh-h a local option election could be held. . . We have then four sub division In which a vote mtxht he taken, 1 the whole county. (?) any prectnet in the county or consotloa i.on of precinct. i3 any ward In a city and I) the city Itself. . . Meat laleatloa ToM. 'These provisions of the law were In existence when the home rule amend ment wa adopted and furnish ample machinery by which any city or town may vote at it re-rul.ir city election under the question of local option. The Intention of the amendment w a to trive cttle exclusive control vt the liquor traffic and to make cities, a to their minor ward or precincts, the irreater unit. Previously the county bad been the irreater unit. The effect of the amendment w a to repeal so much and no more of the local option Jaw a permitted voter outside the municipality to have a voice tn deter mining the statu as to the sale of It'iuor. but to reserve to the various wards and precincts of the city the same nshta that were previously po aessed by the county precinct. "In the City of Sprinvneld there was onlv one municipal ward or vot Ikk place when this vote wa taken, though other have bn created and wilt be In operation at future elections. Counsel for the state have suKKestcd that if the city Is permitted to crt the precinct or ward In which the local option elections are held there 1 danger that ther may do so In such a manner that the residence district will not have the riarht to protect themselven or perhap w ill only create ne ward or precinct. But the answer to this ts thai th county authorities mlsht. if C.ev saw fit. no gerrymander the city In hivlnc out precincts a to accompl.sh a like result. (uaty aad CI ilea Differ, "tn the rase at bar e have an In stance of a prohibition county with an antl-prohlbitlon town, but tn Marion Countv. for instance, we have an anti prohtbitlon county wttn at least two municipalities. Wood burn and Stay ton. peromely prohibition. It due tot eem to the writer of this opinion that It warn the intent of the home rule amendment to make It effect depend upon tn wtu ox trie bounty Court, so that one torn n may have whisky forced Upon It and another prohibition until the court sees f.t to arrange county precincts so a to Include oi.ly city territory. "The contention of counsel Is not so much that the constitutional amend ment require additional legislation to put It into execution as that the iVumy Court of Lane County must Sive it t-ons-nt before SpnnirrwiO can lake advantage of the permission ytvrn to town and cl tiea to re m u late it-.e license and sale of liquors. To re capitulate, we are of the opinion that the home rule amendment is self-executing; that the municipality as a whoif stantl a the areater un It and the various wards or precinct, if tnore thn one exists, are lesser units. Just as the election precincts are the lesser unit in the county at iare; that the procedure preliminary to submit tin the liquor question to a vote should be by petition to the County Court and order of that body and hould follow In jjener! the local option law: that l ie nonce for the election should be posted by the Sheriff and return made as therein provided. Thi will ;lve t -e effect to the amendment whicn the people contemplated when 11 was adopted, and all these things were done In the cape at bar. The Judgment of the Circuit Court will be reversed and the cause re manded with directions to discharge the defendant." (wort Decide Other Case. Other cases beside the Grover-Haw-thorne case today were as follows: Nick Kovachoff vs. St. Johns Lum ber Company, appealed from Multno mah County, N. G a tens. Judge: .af firmed In an opinion by Justice Bur nett. This cam involves the factory Inspection law, assumption of risk, neitlifrence of a fellow servant and contributory nelience. It Is an ac tion for damages It which the plain tiff received a verdict of J300O in the lower co!irt. which Is affirmed. Harry II. Cloyes v. Anthon Eekern. appealed from Multnomah County, C I. Uantenbein. judce: affirmed in an opinion by Justice Burnett. The plain tiff in thi case sought to recover 120.000 a commission on an alleged contract. The lower court found for the defendants. F. V. Leadbetter vs. L. Pewtherer, appealed from Multnomah County, Hobert G. Morrow. Judse: affirmed by Chief Jutl Kakln. Thi wa an ac tion to recover $1700 alleged to be due aa rent under a lease. Findlna In the lower court were In favor of the plaintiff for the amount sued for. Sit You Oune et al. vs. O. W. Murd. a the . Hurd Packing Company, appealed from Clatsop County, J. U. Campbell. Jude; petition for rehear ing denied in an opinion by Chief Jus tice Kakln. FAIR DIRECTORS MEET MII.TXO.M All COl-XTVS SHOW Si" PER 1 XT EX IKXTS X AM EI. Automobile- Iuy, w IVnlurr. This Year, It I'lannrd fur Saturday, I.at Vuj Out Soon. GUKSHAM. Or. March . (SprrlaL) Th. board of director of the Multno mah County Kair AMH-lallnn hrM a merlins rtertiiiy ani made further arranfrmt ntfi tor th annual fair to b. hrhl tier n'xf SptiMnber. Superin tendent fr this ywir were nimwi tentatively, subject to revision tf any should decline. They are aa follow.: Aarlulture J. W. Tonenil. Trout dale; hnrtlrulturfc II. A. Monta villa; florl department. It. W. ;lll. rieone: llvettnk, t'harlea Cleveland, ;reh.im: milk and butter tent, IL 1. .Mullenhoff. - re. ha in: poultry. J. W. S Indie. lA-ntu; domentlc wleire, Mra. t. A. Kajitman. Orwoham: art. Mr. K. U Thorpe. Urexham: Juvenile. Theodore IniKKer. t;rejihant: Kroundff. A. F. Miller. Sell wood. Automobile day. a new feature, was approved. It wa de bird to Klve the automobile eople the free. ue of the ra'-e trai-k on Saturdav. they ti ar range their own nroKrammo. That dale will come on September It. and will be the cloning event of the) amuse ment features, the three previous days having- been annnunivl aa horae-raclnic days. It Is believed that the automo- blllsts will tak up the matter with considerable enthusiasm and brlnff a bir rrowd with them. The premium list will be Issued dur ing th. latter part of this month, and Will bo Itlven wide circulation. HUSBAND WAITS IN VAIN WllTC DOKS XOT CHAXCiE HER MIXn. AS MOR1.EY IIOITD. Divorce Suit Filed Afler Promls Ha. Item Kept Diamonds Given as I'nrt of Settlement. 1.S ANGKL.ES, March . (Special.) "1 hope you will change your mind and return to me. I believe you will realize your mistake and will wait two years for you." These are the parting words James Morley. former baseball magnate and sporting celebrity, is credited with hav ing uttered to his wife when she left him in February. 1910. and went to San Francisco to live. Tiie two years were un today: she had not returned and Morley filed divorce proceedings on arounds or desertion. The suit is no surprise to the friends of the popular clubman and his wife. formerly Miss hwaiu, of. Kedlands. When, afler 10 years of married life. she decided she wanted to live apart from her 1-tishand. he endeavored to persuade her to change her mind. It is conceded by their menus, lie railea and then settled $10,000 on her. This was In the shape of diamonds which Mr!cy. a connoisseur, had collected. In addiiion to his sporting Interests Mirley is a figure in many enterprises. For a time he manuged the "Lucky" itatdwtn Oiikwood Hotel at Arcadia, re cency destroyed by fire. RATE INQUIRY IS RENEWED Further Arguments Advanced by Willamette Valley Interests. or.KGOXIAN NKWS BCREAU. Washington. March s. The In terstate Commerce Commission today began further Inquiry Into the South ern Pacific freight rates between Cali fornia and Oregon points. At a pre vious hearing the carriers sought to de fend the present adjustment of rates, but the Commission was not satisfied with the showing made and ordered the production of additional testimony. The commercial Interests, represented by William R. Wheeler, of San Fran cisco, and Udward M. Cousins, of Port land, endeavored to demonstrate to the Commission that the rates are based on an entirely illogical and unreason able theory. In that a similar sone of terminal rales, which applle, to Cali fornia points, is not accorded to Ore gon cities In Cie Willamette Valley and Southern Oregon. DEATH SEQUEL TO FIGHT Merchant Drops Dead From Heart Failure After Scrap With Rival. SAX FR.OiClSCO. March a. After a fii right over money matters. Achilla llliH-k. a ataithy merchant of thla city, dropped .lead in his place of business today, presumably from heart failure brouubt on by the excitement of the encounter. James Wolf. Block's antagonist, was arrested and charged with manslaugh ter. Wolf also is a merchant. ( lark Farmers to Hare Lllil. VANCOUVER. Wash- March . (Spe cial Farmers living In the country on Fern prairie and other communi ties near Washougal. will soon have electric lights In tlielr homes, as well as telephones. The Western Light power O'rvpany. which hss a power plant at Wa!:oiigal. has p'tioned the Count v Commissioners fa right tfi place poles along the county roads .to these pieces, so as to stipply electricity to its prospective patrons. SUN WILL GO TO PEKIN CHINA'S PRESIDENT MAKES MOVE I"OH ORDER. Pcspcradocs Itcportcd to Be Enact ing Scenes of Horror in Canton. Gunboats Guard Vessels. I'K.KI.X. March k t'haaa Tina Fa, mm Inpjortaat eitT oa th. railroad about ISO aillea Hiltiml of I'ekla, waa added yesterday . the Hat of places which have sees looted a as hnraed. o de tails have reached here, bat It la thouaht there aeed he fear for forelaaer. there beeaaae the mntlaeera ererrsKW art oheervt.K the aasae rale of aot foaehlaa; atraaa;era. NANKING. China, March ' 6. In an effort to restore order and Inaugurate a stable government it Is understood that Dr. Sun Yat Sen and his advisers have decided to go to Fekln and make that city, for tho present at least, the capital of the new republic This step is re garded as advisable on account of the mutinous spirit evinced by the troops near Pekin and the general unrest. The plans provide for tne removal or the entire machinery of the republic Dr. Sun Yat Sen the acting President, and Li Yuan Ileng. the Vice-President, will be accompanied by all the members of the Cabinet and by the Assembly. The officials will be guarded by 2000 veteran troops and picked bodyguards of so men. It Is believed 'hat the act of removal will Itself restore order. It Is estimated inoo people were killed In th. eourse of the recent fighting be tween the republicans and the villagers outside the British concession at Wei Hal Wei. The republican troops now are In complete control of the situation. Responsible Chinese assert terrible scenes are being enacted daily in Can ton and its vicinity. These persons de clare that If the state of affairs were known abroad, the foreign powers would interfere and put a stop to the slaughter and looting. One leading Chi nese, who refused to comply with the demands of desperadoes, found that In his absence all his family had been murdered ecept one boy. Th. merchant vessels along the West River are now escorted by gunboats or torpedo-boats. PORT OF VANCOUVER PLAN tcial Election Called to Authorize lis Establlhnicnt. VANCOCVKIl. Wash.. March S. (Special.) To authorise the establish ment of a Port of Vancouver and for the election of the Commissioners of such a port, the County Commissioners today called a special election to be held April t, ISli. The Port of Van couver will Include ttie whole of Van couver and an area along the water front of the Columbia Klver and ex tending back several miles. It la estimated that- there are about $7.000. 000 of property In this proposed district at an assessed valuation of one-third. A shallow place about SRftO feet long In the Columbia River below Vancouver and on this side of the mouth of the Willamette River Is to be dredged. It Is proposed to make a proposition to the Government to as sist In making this channel deeper and to assume part of the expense. For this purpose It Is proposed to levy a small tax In the district. This matter has been taken up and boosted by the Commercial Club of Vancouver and It Is generally believed -iiy I that It will carry without practlc opposition. DEFENDANT TO BE JUDGE Councilman Miller to Hold Trial of Self In Saloon Case. THE DALLKS. Or.. March S. (Spe cial.) The City Council at its meeting last night ordered one of Its own mem bers, I. II. Miller, to : ppear at a spe cial meeting. March 15. and show cause why his saloon llcensi should not be revoked. The Councilman will not o-ly be defendant at the hearing, but will be one of the Judges, Indications being that the question is so evenly divided among nine Aldermen that Miller's own vote may decide the case in his favor. Miller runs the Columbia Hotel. His bartender was convicted by the Jury in the Police Court, November 16, on the charge of selling liquor to a minor. Miller appealed the case to the Circuit Court, which, two weeks ago, threw out the proceedli.i because the appeal was defective. When the City Council considered the applications for saloon licenses the first of the year. Miller was given a tempo, iry pcrm't pending the outcome of the action in the Circuit Court. LEAHY GOES TO PRISON Trusted Employe of Construction Company Guilty of Embezzlement. NAMPA. Idaho. March . A. C Leahy, former bookkeeper in the of fices of the Utah Construction Com pany. In this city, was sentenced by Judge Budge in the District Court at Caldwell to serve an indeterminate terra of from on to 14 years in the Idaho Penitentiary and was taken to the prison at Boise today to commence serving his time. Leahy was arrested here last Thursday, charged with the embezxiement of about $1000 of the company's funds. When taken Into custody he admitted his guilt and when arraigned. In Probate Court he entered a plea of guilty. Leahy is a young man snd was one of the trusted office men of the Utah Construction Company, with which he had been associated at various times for several years. "SHIP TR'JST" UNDER FIRE House Adopts Resolution Including Railways in Scope. WASHINGTON. March t. The House has unanimously passed a resolution calling for an Investigation of the al leged "shipping trust." by the commit tee on merchant marine and fisheries. The resolution, reported to the House bv the rules committee, was Introduced by Representative Hardy, of Texas. It directs the committee to make a thor ough Investigation of the practices of all steamship lines. The committee also Is Instructed to ascertain their ownership, if possible; If they are owned by railroads or by persons who own controlling Interests In railroads. PLACE FORJ-EPER SOUGHT Inspector Beck Not in Favor of Mak ing Him Light Tender. TACOM V. Wash.. March . (Special.) Henry- I Reck, of Portland, inspector of the Seventeenth Lighthouse District. Is In Tacoma on a regular inspection trip of his district and primarily to investigate and report to the Govern ment on the feasibility of making John Kuskln Karly, the leper, tender of the stake light at Kagle Island. Mr. Beck said tonight that he certainly should not recommend that Karly be given the position, as the present keeper of the light a man named Johnson had held the place 2a years. "Primarily it certainly would not be justice to ask Johnson's removal to make way for a leper," said Mr. Beck. "Johnson Is the only man who would accept the position in 18S7, when the II I II L v. roiauiiPiiru, nu no vvvrsv ii for much less pay than others wanted I . . . ....vii-K.J a t. i for the same work. I found In my in vestigation at Eagle Island today that the residents are also very much op posed to having- Early or his family in their midst. Some of them are very strong1 In their opinions on this sub ject. About the only thins the Gov ernment could do would be to permit hi residence there. He would not be allowed to cut any of the timber, as the woods give mariners an echo dur ing thick fogs. Just what recommen dation I will make to the Department I cannot of course say now." 3-YEAR BILL MODIFIED SUBCOMMITTEE DRAFTS XEW HOMESTEAD PROVISION'S. "Settler or Family" Required to Live on Land, Instead of Giving Leave of Absence. WASHINGTON. March . The sub committee of the public lands commit tee having in charge the Borah-Jones homestead bill has agreed tentatively to several amendments which will be luld before full committee for adoption. Instead of granting six months leave of absence, the bill will provide that the "settler or his family" shall re side upon the land at least seven months In each year, and before final proof Is made will require that a habitable house shall be erected upon the land, as evidence of intention to make it a home. No provision has yet been adopted requiring any specific amount of cul tivation, thla subject being still open, but an amendment has been agreed upon making the bill applicable to all pending unperfected homestead entries, so that. If It Is passed, homesteaders now striving to comply with the law may secure title after three instead of five years' residence. The amendments adopted will not meet the opposition raised by the In terior Department and further protest from that quarter Is expected. ACTOR AND BRIDE TAKE DIP M. W. Brown, With Wife, Takes I'lungc Daily In Ocean at Seaside. SKASIDK, Or., March t. (Special.) Melville W. Brown, who recently closed a successful tour on the Sullivan & Consldine circuit with the dramatic sketch entitled "The Value of a Dol lar." which attracted attention In Port land when It was produced at the em press Theater last October, arrived here a few days ago accompanied by his bride whom he married recently in Kansas City. He has leased a desir able residence on the boardwalk, where he will pass his time writing new Bketches to produce next season. The copyright office at Washington notified Brown today that he had re ceived copyrights for two of hla new sketches entitled "Hands Up" and "The Man Who Kept His Word." He in- i.n.i. to nlav one of the leading parts in "Hands Up." which will be pro duced before the coming Summer. An audience of 50 of the residents of the city were entertained by Brown and his wife yesterday when they took their daily plunge In the surf near their residence. This is an unusual slirht here in the Winter time, although the water Is only a few degrees colder I than in the summer, wnen nunureas are to be seen bathing every day. DIVORCE SjJIT SHADOWY Curtains on Woman Doctor's Bath room Windows Betray Her. NEW TORK, March 6. (Special.) Shadows of a "short, fat man, with a big nose and a bald head," floated to and fro today In the evidence In the Supreme Court. In a divorce suit brought by Dr. Alexander Abrams against his wife, who is known pro fessionally as Dr. Amelia Fendler. Mrs. Rupert, widow of the Janitor of a building at 1391 Madison avenue, where Dr. Fendler had an office In 1908, Introduced the shadow into the case. Mrs Rupert sart the elevator man in the building bad told her that Henry Wolff, a San Francisco men chant, waa Dr. Fendler's friend. She added that Wolff was a short, fat man, with a bald head. Later Mrs. Rupert said she saw the shadow of such a man on the curtains of Mrs. Fcnlcr's bathroom In the morn ing and heard sounds and saw shadows that Indicated to her that Wolff was taking a bath. In the meantime, she said. Dr. Fendler was to be seen in the kitchen of her apartment, prepar ing breakfast. WOMAN SENTENCED TO DIE Order Sets Precedent in Massachu setts Criminal Action. PLYMOUTH, Mass., March 6. For the tirst time In Massachusetts crimi nal procedure, a woman, Mrs. Lena Cusumano, of Hull, was sentenced to death In the electric chair by Judge Quinn tn the Superior Court here. Enrico Mascloli, who was convicted jointly with Mrs. Cusumano for the murder of the woman's husband In September, 1910, also was sentenced to death. Both sentences are to be carried out In the week beginning June 2. QUEEN'S ILLNESS GRAVE London Disturbed by Reports Con cerning Health of Dowager, LONDON. March C. (Special.) Dowager Queen Alexandra, who has been 111 with influenza for several weeks, is not progressing as speedily toward convalesence as her physicians expected. Disturbing rumors hare say her con dition is extremely serious. Claims of Settlers Urged. OREGONIAN NEWS BUREAU. Wash ington. March . Representative Haw ley today appeared before the commit tee on claims and argued favorable ac tion on the Senate bill to pay the claims of Sherman County settlers for Im provements and lands they lost by rea son of the Supreme Court's decision In the overlap land grant case. The bill carries approximately $350,000. Haw ley Is hopeful the bill will be favorably reported- SUFFRAGE WOMEN CLASH ASSOCIATION DECLINES TO AF FILIATE WITH LEAGUE. Exception Is Taken to Manner of Forming Advisory Committee of Societies. Taking exception to the manner In which the equal suffrage advisory committee, nominally composed of the Ave principal equal suffrage societies In the city, was formed last Saturday, Intimating that the obvious purpose was to break away from the old state organization and its head. Mrs. Abigail Scott Dunlway. " speakers yesterday afternoon, at a meeting of the National couege Equal suffrage Association re cently formed here, urged that the association decline for the present to affiliate with the league and after spirited debate carried their point. The meeting was held In tne T. W. C. A. The friction came after Mrs. Henry vv aldo Co, president of the association who had attended the conference al which the Joint committee was formed, had announced to the meeting the action taken, and asked the association to ratify it. She explained that the joint committee was formed merely tor the purpose of conference. The purpose was to have delegations of three from each of the five societies involved, that they might meet and compare notes, and work with greater unity. ."None or the members of the committee, she said, would have any executive or legislative power and were to report to their respective or ganizations after each conference. Mrs Cos said that she felt the purpose was one with which no suffrage worker could be out of harmony, and asked the -association to name Its delegates to the committee and ratify Its formation. This was Immediately objected to by Dr. Marie D. Equi, who said that while she favored Its Intents and objects she did not approve of the manner in which tho equal suffrage advisory committee was formed. "The call," she said, "did not come from the proper source. The forum of the Women's Club, from which it emanated, is not even an or ganization. The invitation should properly have come from Mrs. Duniway on behalf of the State Equal Suffrage League, and with that as the hub and center we should have rallied around it. And yet the forum workers had the audacity to come out and attempt to form an organization that would practically leave out Mrs. Duniway and trick her Into the bargain. It would be Just like Teddy Roosevelt trying to cut Taft out. If we are going to get into a central committee let us get into the right one." Mrs. A. C. Newell, who represented Mrs. Duniway at the conference Sat urday, was present at the meeting yes terday, and while she agreed that Mrs. Duniway believed the call for the cen tral committee had Come from the wrong quarter, she was satisfied with the result and had agreed to appoint the delegation of three to represent the state league In the committee. Despite statements from ' others that any 111 Judgment In Issuing the call should be overlooked and the plan ratified. Dr. Equi Insisted that the committees should not be recognized. "If Mrs. Duniway agreed, she agreed under stress," she said, "and it Isn't the right thing to do." Mrs. M. L. T. Hidden, president of the State Women's Press Club, argued for a recognition of the committee. "Consider that you, as organizations, have the right to act," she said. "You are exercising your own Independent rights, and would do so whether the call had come from the old state organ ization or the forum, so don't let us wrangle over that little point. After all there Is no necessity for the call to have come from Mrs. Duniway or from any other quarter so long as it was issued." After the motion was made to send a delegation to represent the associa tion -on the committee, it was decided to send a committee of three to repre sent the association at the conference meeting next Saturday only, that the committee might not be altogether Ig nored, pending further action. Dr. Equl. Miss Emma Wold and-Mrs. C. Edward Grelle were appointed for this purpose. COOS BAY WANTS RAILWAY Hush McClaln, Business Man, Urges j Activity to Hold Trade. "The people of Coos Bay are hoping the Southern Pacific will soon begin work at the Marshfield end of Its pro posed Eugene-Coos Bay extension," said Hugh McClain, of Coos Bay, at the Imperial Hotel yesterday. "We have expended considerable money dredging our harbor and otherwise improving our shipping facilities and believe we are entitled to the railroad for which we have waited so long. One steam schooner will this week load a cargo of 3,500,000 feet of lumber at Coos Bay for shipment direct to China. "Our business men expect soon to arrange for a hearing before the com mercial organizations of Portland, when we will present the necessity df increased Interest and activity on their part If the Coos Bay trade, which now comes almost wholly to this city. Is not diverted to San Francisco. We desire to awaken the business men of Portland on this subject and have them realize the situation that this trade may be lost to them If they do not ex ert themselves." Mr. McClain is a prominent business man of Coos Bay. He was the Demo cratic nominee for Railroad Commis sioner in the last general election. KIMMEL JURY DISAGREES Religion and Lodge Affiliations Canse Discord in Deliberations. ST. LOUIS, March t. The third hear ing of the Kimmel Identity mystery and insurance contest ended in a mistrial yesterday, when the Jury, which had been out 73 hours, was discharged by Federal Judge Amidon. The Jury at the finish and through most of the recent Dalloting, stood 9 to $ for the plaintiff. Explanations made by various jurors of their attitude showed that dissent had Increased rapidly in the last few hours of their three days together and that religion and lodge affiliations had an important part in keeping them from getting on a common ground. LAD'S GENIUS HARMS HIM Kye Blinded and Face Skin Burned Off Boy Testing, Explosives. HOOD RIVER, Or., March 6. (Spe cial.) His face burned into a charred maaa and blindness in one eye is the reward of Renlus for Charles Sonnick sen, tbe 14-year-old son of Charles Sonnlcksen, who was experimenting with an explosive that he was com pounding. The boy, who is of an In ventive turn of mind, was mixing: brimstone and other materials In a four-ounce glass receptacle, when the Cx plosion occurred. His face was so lose to the flame that the greater part Absolutely Pure The only Baking: Powder made fromRoyalCrapeCreamofTartar NO ALUM, NO LIME PHOSPHATE of the slcin is burned away and one eye was burned so badly that he will lose the sight in it. Young Sonnlcksen is well known to all who travel the valley roads, be cause of his prize ten-acre strawberry patch about three miles from the city. He has attended the berry patch alone for the last two years' and because of his &ge and the success he has met with the lad has often been the subject of praise as a genius. Smooth Shave Saves Dr. Fong. BAKER, Or., March . (Special.) After arresting1 Dr. Fong on the charge of practicing" medicine -without a license and placing the mart under bond for a week while they investigated, the au thorities found they had the wrong- man when the trial came before Justice Patterson today. This was brought out by the testimony of Mrs. Phillip D. Murray, who said the one who treat ed her had a moustache. District at torney Levens then dropped the case apai nst the smooth -shaven Fonjr and THE MEN AND WOMEN Who Enjoy the Choicest Products of the World's Commerce. Knowledge of What; is Best More Important Than Wealth Without It. It must be apparent to every one that qualities of the highest order are necessary to enable the best of the products of modem commerce to attain to universal acceptance. However loudly heralded, they may not hope for world-wide pre eminence unless they meet with the general approval, not of individuals only, but of the many who have the happy faculty of selecting and en joying the choicest products. Their commenda tion, consequently, becomes important to others, since to meet the requirements of the well in formed of all countries the methods of manu facture must be of the most perfect order and the combination the most excellent of its kind. After thirty years of general usage, Syrup of Fig3 and Elixir of Senna is everywhere accepted as the best of family laxatives. Its quality is due not only to the excellence of the laxative and carminative principles of plants known to act most beneficially on the system, but also to the method of manufacture of the California Fig Syrup Co., which ensures that uniformity and purity essential in a remedy intended for family use. It cleanses and sweetens the system ef fectually, when a laxative is needed, without any unpleasant after effects. To get the bene ficial effects of Syrup of Figs and Elixir of Senna, buy of your druggist the genuine only, the full name of the Company California Fig Syrup Co. printed on the front of every package; one size only, price, 50 cents per bottle. " EAT CABBAGE, ONIONS OR WITHOUT DREAD OF No Misery-Making Gas, Heartburn or Sour, Upset Stom ach if You Will Eat a Few Diapepsin Occasionally. PAPE'S 14 sd&im TDUNGULES OV DIAPEPSV TOR INDIGESTION Registered in U. S. Pat. Ofiiro - ". Io some foods you eat hit back taste Rood, but work badly; ferment into stubborn lumps and cause a sick, sour, grassy 6tomach? Now, Mr. or Mrs. Dyspeptic, jot this down: Pape's Diapepsin digests everything, leaving nothing to sour and upset you. There never was anything so safely quick, so certainly -effective. No difference how badly your stomach is disordered, you will get happy relief In five minutes, but what pleases you most is that It strength ens and regulates your stomach so you can eat your favorite food without fear. Most remedies give you relief sometimes they are slow, but not sure. Dia pepsin is quick, positive and puts your stomach in a healthy condition so the misery won't come back. Tou feel different as soon as Diapepsin comes in contact with the stom ach distress just vanishes your stomach gets sweet, no gases, no belching, no eructations of undigested food, your nead clears and you feel fine. Go now, make the best Investment you ever made by getting a large fifty-cent case of Pape's Diapepsin from any drug store. Tou realize in five minutes how needless it is to suffer from indigestion, dyspepsia or any stom ach disorder. FOR THE WOMAN WHO THINKS AND FEELS. Some women complain that they periodically suffer from dull and heavy feel ings, or dizziness in the head, nervousness, pain and bearing-down feelings which hould not occur to the normal healthy woman. But most every woman is subject to these pains at some time in her life, due to abnormal conditions in life, such as corsets, over-taxed strength, bad air, poor or improper food, wet feet, sluggish liver, eto. A regulator and female tonic made from native medicinal roots with pure glycerin, and without the use of alcohol, called DR. PIERCE'S FAVORITE PRESCRIPTION, has proven its value in thousands of cases, like the following : . Mrs. Dona M Martin, of Auburn. Nebr., Rout 1, Box 84, says: I thought X would write yoa in rejrard to whst your medicines have done for me. I have used them for thirty years for female trouble and aeneral weakness with the very best result, and they have saved me hundreds of dollars in doctors' bills. 1 buy the Favorite Prescrip tion ' and ' Gelden Medical Discovery and take them together. I never was disappointed in your remedies and take pleasure in reeommendina; them tony suffering lady, i am now almost fifty years old : at forty five I took your medicines, both kinds, and I passed that period very easily and left me fat and healthy. I feel like a young girl. If any lady cares to write me. I will gladly tell her more about the good work of your medicines." Da. Pieice's Grbat Family Docrroa Book, The People's Common Sense Medical Adviser, newly revised up-to-date edition of 1008 pages, answers hosts of delicate questions which every women, single or married, ought to know. Sent free in cloth binding to any address on receipt of 31 Mas. atAariM. one-ocnt stamps, to will try to catch the other man" who is believed to have left the state. Seattle Man Succeeds Lawrence. OL.TMPIA. "Wash., March 5. Gov ernor Hay today appointed Harry K. Wilson, a Seattle attorney, to the place on the State Public Service Commission, made vacant by the resignation of Chairman J. C. Lawrence, who quit January 1 to enter the race for Gov ernor. The appointment is effective Immediately. Mr. Wilson, who has ac cepted, is the fourth man offered the place, three having declined the ap pointment. Mrs. Ehrsott Will Speak. Mrs. Albert Ehrgrott will deliver a free lecture tonight at S o'clock in the People's Hall, East Seventh and East Ankeny streets. Her subject will be "Th Ethics of Jesus." A wealthy Yonkers (N". Y.) man has jut married his housekeeper because sue mads guch capital applo pis. E j cover cost ot wrapping and mailing only. .'' 'tf .VS.;: SAUSAG NDIGESTION h i. wmm 1