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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (March 25, 1900)
THE SUNDAY OEEGOJCIAN, POBTLAND, HAECH 25, 1900. CAN'l RECOVER INTEREST IT IS XOT PART OF PURCHASE PRICE OP SCHOOL IAND. Opinion of Attorney-General Blaclc- Imrn as to a Claim Asralast Mate Scliool Fund. SALEM, March 24. Attorney-General Blackburn has rendered an opinion, at the request of the State Land Board, In which he holds, that where a purchaser of state land has made payments of principal and also interest upon deferred payments, If the state Is unable to give title to the land, the purchaser Is entitled to a repay ment of the principal, but not of Che Inter est paid by him. The question arose upon'the .following statement of facts: "Douglas and Ellen Belts contracted to purchase from the board a tract of land, claimed at the time to be school land, but the state never acquired any title to 4he land and cannot convoy it io said parties for this reason. At the time ot the contract for the purchase of the land the Belts paid only a part of the amount agreed upon as the purchase price thereof, and executed their notes, bearing Interest, for the parment of "the unpaid portion of said agreed sum. They paid to tha board interest on these notes in the sum of about 5140. and for the reason that the State Iand Board cannot convey the land to them they have applied to the hoard for the repayment of the amount paid when the contract was entered into, together with the amount paid as interest on the notes given for the deferred payments." The question involves section 17, of the act of February IS, 1833, but not section IS, under which the recent "Williams manda mus suit was brought. In holding that the Belts ore not en titled to have the $140 repaid to them, Judge Blackburn holds that the Interest paid by the purchaser cannot be conslc ered as part of the purchase price of the land. Smith "Wants His Children. W. R. Smith, of Silverton, the man who was shot by his sons last Fall, today petitioned Judge Boise for an order grant ing him the custody of his children, Elma, Laura, Lela and May Smith. The chil dren are now in custody of their mother, from whom W. R. Smith has been di vorced. Judge Boise set the petition for hearing March 27, and in the meantime restrained the mother from removing the children from the jurisdiction of the court. Smith alleges that the children axe not being properly cared for. Capital City Xotcs. State Treasurer Moore today received 5 4000 fTom the Treasurer of Jackson Coun ty. This amount will apply on the 1S99 Etate taxes of that county. Mrs. E. E. Porter, of Klamath Falls, was received at the asylum today. She is 62 years old. TROUT FOR MOUNTAIN' STREAMS. Oregron Flslt and Game Association to Preserve the Sport of Fishing-. PENDLETON. Or., March 24. Through the efforts of President J. N. Teal and Secretary A. E. Gobhart, of Portland, offi cers of the- Oregon Fish and Game As sociation, the mountain streams in this eection of the country will bo liberally stocked with trout The association has secured the promise of 25,000 rainbow trout eggs, which will bo sent from the Govern ment hatcheries. These eggs will be avail able in the Immediate future, and will bo placed In the streams of the Blue Moun tains 20 miles east of here. Also, 50,000 brook trout eggs have been promised, ami will be sent from the Government hatch eries next fall, to be placed In the same streams. In the past few years the fish ermen in this section have almost d- ;ili:!i!lii!iii:!liilI!!il!!i!!ll!illil!!iliinniil!IIillI!IJIilliM mmmmmmmmmmmmmmmmmmmmmmmmmmmmemmmmmmm ! mm. pleted of trout tha streams, and the Tltti and Game Association will exert Itself to restock them. Insisting upon the enforce ment of the fish and game laws of the etate, and preserving the sport of fish ing. Quite a number of local fishermen have attached their names to the roll of membership In the association, and pur pose not only to observe tho law them selves, but also to seo that violators of the law are punished. HELD BY THE LTTTQUA BAR. Thrilling? Experience of Creir of a Little Steam Launch. ASTORIA, Or.. March 24. Captain Chris Ahues, who took tho little steam launch Hazel from tho Columbia, down to TJmp qua, has returned home, and tells of a very thrilling experience that he had on the trip. Besides himself there were on board A. E. Rose, as chief engineer, and Paul Wobke, as deckhand. They passed out over a smooth bar, but immediately encountered a heavy cast wind and swell that made it a perilous trip at all tlmea "When the Hazel arrived off the TJmpqua bar it was found to be very rough, and as the trip down the coast had taken 35 hours, her fuel was beginnlg to run low. It was impossible for her to come back, so she signalled for assistance. A tugboat start ed to como out, but wae afraid to attempt to go over the bar. The Umpqua life saving crew came out and kept just in side the breakers on the bar to Tender any aid In their power. For 2S hours the Hazel stood off the mouth of the "river, with the life crew inside all the time awaiting her crew. Tho bar did not quiet down. but the fuel on the Hazel got so low that Captain Ahues decided to attempt to go In. The three men on board stripped themealves down to their underclothing, as they fully believed that their only chance for life would be In being picked up by the Ufe-savlng crew. The launch was brought up close and, after she got on the first breaker she was driven through the next three at full speed. The unexpseted happened, and she got over tho bar without even taking much water on board. She was then met by the tug and life-caving craw, but their assistance was not needed. In recognition of the efforts made by the life-saving crew, the three men who were on board tho Hazel have sent a highly commendatory letter to T. J. Blakeney, Superintendent of the Life Savlng Service on the Pacific Coast. Captain Ahues has entered into a con tract with Wolff & Zwicker. of Portland, to take the torpedo-boat destroyer Golds borough from Puget Sound to San Fran cisco, after she shall havo had her ofncial trial trip. "THE DEATHBED OF ARNOLD." Subject of a Prize Dssay at Oregon CityChild Talcen Care Of. OREGON CITT, March 34. At the Ep worth League oratorical contest, held at the Methodist Episcopal Church, last night, Mrs. Florence Hickman was award ed the gold medal, presented by Rev. R. A. Atkins. Her topic was: "The Death bed of Benedict Arnold." G. B. Dlmick made the presentation address. The other contestants were: Miss Reynolds, Mrs. Gertrude Maple, Miss Lennie Seeley, Miss Marie Daver, and Miss Pearl Tucker. The musical part of the programme was fur nished by Miss Mae Case and the Starr "Walker quartet, of Portland. Today County Judge Ryan made an or der that Neta Armstrong, tho 12-year-old daughter of Mrs. Catherine Jones, be per manent given into the custody of the Boys and Girls' Aid Society, at Portland. Several witnesses testified that the mother did not take proper care of the child. Oregron Notes. Dr. George "TO". Cox, formerly of Browns ville, died in Detroit recently. A Waplnltla man has just sent 28 head of w.ork horses to the Portland market The Gerking farm of 160 acres, In Sher man Counts, has been sold to R. D. Stone for S1GO0. The Murchlo farm of 480 acres, not far '99 Ramblers, wfiife they If v" ?" Wfk Spokane from Wasco, in Sherman County, has been bought by George and J. B. Crosfield for $3000. Last week a Harney County man bought three tracts of land, embracing 400 acres, near Pedee, in Polk County. J. M. Batchelder, the County Clerk of Lake County, who resigned suddenly, was found to ho short 5300. which ho paid. Tho foot of J. J. Sax, a farmer living near Sherwood, was badly mangled recent ly by getting tangled in the knives of a revolving harrow. John P. Llnonkuglo died at Glendale, Douglas County, on the 14th, at .the age of 57. He was a veteran of the Civil War,v having served in a Wisconsin Regi ment. "Father" James Baxter, of Dayton, will be SO years of age the 5th of next month. He cast his first vote for General Jack son. He has 10 great-grandchildren. The new grade that Mr. Sherar Is build ing around Deschutes Hill, on the road be tween Prlnevllle and Tho Dalles, is praised by teamsters, who say it has much les3 pitch than the former grade. The Hood "River Fruitgrowers' Union announces that letters from market points indicate that strawberries will bo in good demand, and conditions will be such that "selling on track" in carloads will be pos sible In the first part of the season. A Marshfield schoolteacher requests that citizens, parents especially, visit the school during working days, and adds that "they would be much better aula to form an opinion as to tho merits of our work than they would on ohservlng us In holi day attire." TJncle Sam Handsaker shows the Eugene Guard a book in which ho kept a dally journal when crossing the plains to Ore gon, the first record being mado 47 years ago today. All the writing was made with a common lead pencil, but Is not difficult to read at this date. A grading outfit, consisting of five men, IS horses, a wheeled scraper, cookhouse and all appurtenances, under the imme diate command of F. H. Beathe, Deputy Road Supervisor. Is doing good work on roads between Weston and Athena and other main roads thereabout. Over one-half of the Enger hopyard will be plowed up, and the remainder will not be cultivated this season. This will be a, disappointment to the people" of our city, says the Brownsville Times, as this is the yard most convenient for a large num ber who desire to make pin money picking hops. v A farmer named Smith, living three miles below Milton, was arrested Tues day on a charge of seduction, the al leged victim being his step-daughter, a girl of 13. She accuses Smith of coercion In maintaining their unlawful relations. The case has occasioned much gossip In tho Milton neighborhood. W. H. Moore, of Moro, tells tho Leader that 100 persons are employed on different works In progress In the new town of Shanlko. They all board and sleep In tents. There is only one wooden building yet erected, and that is a mere tem porary shack, which Is used as a saloon. Men and materials are pouring into tho new town every day. A correspondent of the Glacier at East Hood River tells of a Plymouth Rock rooster with only one wing, which struts about in a local poultry yard, seemingly indifferent to the fact that Dame Nature deserted him before his flying machinery was completed. His ahllity to get over fences Is limited, a falling which will make his defect valuable if Inherited by his progeny. The County Clerk of Umatilla has de livered to the Sheriff tho tax rolls of that county for 1S39. According to the order of the County Court, the taxes will become due May 9. The total amount car ried by the rolls Is S1CO.S05 19. Tho county and state tax Is 5117.25S 53; poll, $1124; road poll tax, $3192; road tax, JCSS9 03; coyote bounty tax, 51722 23; coyote bounty tax on sheep, $1576 95: City of Pendleton. $735318; City of Milton, $166 52; City of Weston, $46S 62; City of Athena, $53S 02. The remainder is to be contributed by the vari ous school districts. last, $35 T. 105-107-109-111 . ARKANSANS COME WEST PARTY OF MORE THAN 50 ARRIVED IN VANCOUVER YESTERDAY. Expect to Establish a Colony Some- vrhere In Clarlc County Much Pleased With the Change. VANCOUVER, Wash., March 24. A ov jw j uli1(.-u J4C4U i&t UUUU LUUajr i uncut, iium Arituusas. i.ne pariy, includ ing women and children, numbers up wards of Si. They left Texarkana, Ark., last Monday, coming direct to this place. Dr. J. C. Smith, formerly of Wilton, Lit tle River County, Ark., Is the head man of the party, having been Instru mental In organizing It, securing railroad rate9, etc He says he was attracted to Clark County through correspondence with private individuals here, and from reading newspaper articles containing descriptive articles concerning the favor able climate, the fruit Industry and other advantages. It Is tho desire of the party, he says, to locate as a colony somowhero In the county, as soon a3 a favorable lo cation can bo found. The colony is com posed of the following: Dr. J. T. Smith and family. N. T. Coth ran and family, Bartow Mulger and fam ily,. Mr. Robinson and family, and four unmarried young men, from Milton, Ark.; T. H. Frlcks and family, J M. Fricks and wife, W. R. Spates and family, and James Bannlngs and family, and four un married men, from Hemstead County, . near Fulton, Ark. There are several young women and numerous children of various ages in the party. Dr. Smith was quick to notice the con trast between tho hoalthy appearance of dren, seen about the- streets, and that of the members of his party, all of whora have the sallow complexion common to tho malarious climate they have left All of them, ho says, have been more or less affected with chills and fever all their lives, and they can scarcely credit the report that ague Is scarcely known In this climate. FOR A NEW LOG BOOM. One to Be Unlit on North River- Northern Pacific Filings. SOUTH BEND. Wash., March 24. P. J. McGowan, ot Astoria, is reported to be back of a, proposition to establish a log boom on North River. The present boom on that river was built by the settlers . and must come out, as it obstructs navi- j gation, according to an order of the War Department. Mr. McGowan already owns a good site for a boom near his cannery, on North River, and this will be utilized. The boom is expected to cost $15,000, and A. K. Wade, E. T.i Morgan and other North River loggers are supposed to be interested In It. North River Is agood logging stream for over SO miles, and tributary to it is one of tho finest belts of spruce timber In the state. An official codv of the plat of township 11 north, 6 west, In this county, the sur vey of "which has just been accepted. shows that the Northern Pacific has filed forest reserve scrip on even even num bered section in the township. As it already had the odd numbered sections, tho entire township is taken up. In 12 north, S west, the survey of which has also just been accepted, no filings have been made. RAT-CATCHERS ARE SCARCE. But Two Dead Rats Presented for Bonnty in Astoria. ASTORIA, March 24. The ordlnance.that went into effect on Tuesday night, that allows a county of 5" cents for every rat delivered to the Chief of Police, has not had the desired effect. It was believed ' that it would be an Incentive to boys and. Mm 8 I -"' '99 Ramblers, while they last, $35 RILL CYCLE CO. Sixth Street, Portland Tacoma : Chinamen to go Into the rat-catching -business on an extensive scale, but so far only two rats have been presented. A contract was awarded today to Fer guson & Houston to construct the main building for the oil factory that Is being built at Grassy Island. The structure will be 40xS0 feet on the ground and 50 feet high, and will require 70,000 feet of lum ber for Us construction. This firm had previously secured the contract for tha piling, wharves and all the buildings ex cept the main one. The Astoria Bicycle Commission today fixed the license on bicycles for the year 1900 at $2, and announced tha any one who does not procure a license tag prior to April 1 will have his or her wheel con fiscated, according to the provisions of tha law. NORTHWEST DEAD. Mrs. Lydla S. Nleklln, of Salem, Na tive Daag-ater of Oregron. SALEM, Or.. March 24. Mrs. Lydla S. Nleklln, a well-known native daughter of Oregon, died at her homo in Salem this morning of capillary bronchitis. The de ceased was a daughter of Mr. and Mrs. James Shirley, who came to Oregon in 1847. She was born In Clackamas County in 1S49, and, while yet young, came to Salem with her parents. She was edu cated In tho public schools and in Wil lamette University. She resided for many years In Portland, but returned to Salem about six years ago. Mrs, Nlckiin had a natural Inclination to art, and pursued her studies In this direction at Portland and in San Francisco, until she became quite proficient In the use of the brush. James Shirley, the father of the de ceased, died about 15 months ago. Her mother still resides In Salem. Mrs. Nlek lln left three brothers O. J. and L. F. Shirley, of Whitman County, Wash., and G. G. Shirley, of Salem. Mrs. C. E. Gel ger, of Forest Grove, Is a sister of the deceased. She also left a son and daugh terCarl S. Nleklln. of Portland, and Lelo L. Nleklln, of Salem. Charles Ward, of Astoria. ASTORIA. March 24. Charles Ward died at his res'dence in this city at 5 o'clock this morning, from valvular heart trouble. He had been ill for several weeks, and his death was not unexpected. The deceased was 76 years of age. He was born In Yorkshire, England. Ho came to this country with his wife 35 years ago, and settled on Clatsop Plains. After a few years residence there he re moved successively to British Columbia, California and Coos Bay. Twenty-three years ago he returned here and purchased the Davidson donation land claim, on which he resided for many years, and which he owned at the time of his death. He left three children Ben L. Ward, John Ward and Mrs. G. Wlngate. The funeral will be held from the family residence on Monday morning, with Interment In the Old Pioneer cemetery, on Clatsop Plains. Mrs. Wnitten, of Wasco Connty. Mrs. Whltten, mother-in-law of J. D. Whltten, of KIngsley, died at the resi dence of her son-in-law, March 20, and was burled In the KIngsley cemetery the 21sL Mrs. Whltten was over 91 years old. She was a native of the north of Ireland, and had been an earnest, devoted mem ber of the Presbyterian Church for 75 years. Her death resulted from old age. Three Jackson County Men. Alfred Carter, a Jackson County pio neer of 1S53, died at his "home on Forest Creek, March 18, aged 72 years. Mr. Car ter was a native of Ray County, Missouri, and came to the Coast in 1852. His occu pation during nearly the whole of this long period has been that of mining. He was, however, a volunteer in- the Indian War of 1S55-56, and served until the war closed. He left no children. Joseph Downing, a well-known citizen, died at Central Point, Jackson County, March 17, at the age of S2. He leaves a SEP IN LIN More - added ..-' -. mense r good THE BEST Seattle 592 SLOCUM WILL CURE YOUR WEAK LTOGS Famous Physician's Free Offer to Every Sufferer From Lung Trou bles, Colds, Grip, Catarrh and All Pulmonary Diseases. The Great Conqueror of Consumption Praised Through out the World. "Dr Slocum, whose grand campaign against diseases of the throat, head and lungs is well known, has made over 10,000 cures tiie present season, and to meet an enormous new demand he has prepared: several thousand moro. free treatments which will be sent out jromptly to all wha apply. 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