The Sunday Oregonian., May 06, 1900, Page 4, Image 4

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THE ruKDAT OREGOIA. PORTLAND, MAT 6, 1900.
it: does not stand
Supr
erne Court Declares the
Noble Contract Void.
WAS HADE WITHOUT AUTHORITY
Ah Attorney of Umatilla County Dis
barred New Rule Regarding: Ap
peals to Be Promulgated.
SALEM, 3tlay..5. The Supreme Court to
day affirmed the decree of Judge John
B, Cleland in the suit brought by James
, Burness against the Board of County
CommksUsners for Multnomah County,
the County Clerk and Treasurer and At
torney H. E. Noble. Judge Bean wrote
the, opinion. The decision of -the lower
couri Taa In favor of Burcsa.
The eu.t was brought to annul and de
clare void, a contract bettv een Multnomah.
County and the defendant Noble. On.Sep."
teznber IS. 1S9S, Noble and the County
Judge entered into a contract which pro
"Ylded that Noble should collect the delin
quent taxes of 1SS7 to 1S95, prepare cor
rected tax lists, etc., and receive as- com
pensation a.11 sums received by him in ex
cess of the amount of the tax and its
actual cost lawfully expended.
After the contract was executed, thfl
.Legislature passed an- act prov.ding a
Isenarate board for the traneactlon of
county business in Multnomah County, by
the: terms of which an additional Com
missioner wa provided, who "shall suc
ceed and take the place of the County
Judge in the transaction of county bus
iness." Thereafter, on November 29, 1SSS,
supplemental contract "was entered into
between the County Commissioners and
ICoble, modifying the original contract,
and prov'ding that the word "corrected"
shall mean only that the descriptions of
property may bo completed, and that the
County Commissioners should bid in tie
property offered for sale.
The complaint, after alleging that plain
tiff is a resident and taxpayer of Mult
nomah County, the official character of
the other defendants, and setting out the
contract and modification thereof in full,
avers, in substance, that the contract as
modified is illegal and void as against
public policy and because It was not -nitn-in
the power of the County Judge or Com
missioners; that upon the day the modi
fication of the contract was executed, the
3oard of Commissioners made an order
requiring the clerk to prepare delinquent
tar lists for the years 1SS7 to 1S93 and to
Jssue and attach thereto a warrant for
the collection of the taxes appearing
thereon; that thereupon Noble and the
County Clerk proceeded to make out such
lists, and in doing so incorporated therein
tales and fraudulent descriptions fur
nished by Noble of the property taxed;
-that the Clerk attached to such pra
, tended tax rolls a warrant for the collec
tion of delinquent taxes, and delivered
the same to the Sheriff, who advertised
the; property therein described for sale
at various times between the "d and 13th
days of May, ISM; that unless the further
earryirg out of the contract is enjoined
and it is declared to be void, a large
amount of money will be illegally paid out
end valuable property of the county trans
ferred to Noble without consideration.
The Supremo Court holds that the plain
tiff comes within the rule that an Individ
ual taxpayer may, by a suit in equity,
Testraln tee misapplication of public funds
or property. Continuing, the opinion says.
In part:
"The plaintiff is entitled to maintain
4hls suit If the contract is void, as we
,OaJril It is. It is not only In effect an
agreement by the Board of County Com
missioners ta use the general govern
mental machinery in the collection of de
linquent taxee for the benefit, primarily,
of a. private individual, but it undertakes
to interfere with the discharge of the
duties assigned by law to other officers,
and Is, therefore, beyond the power of
the Board of Commlssionera to make.
... It undertakes to Interfere with the
duties of the County Court by providing
in advance that an alias warrant for the
collection of delinquent taxes shall be or
dered Issued by that tribunal, and again,
toy providing that he shall bid in for the
county all property offered for sale for
which there are no other bidders. . . .
"A more serious and insurmountable ob
jection, however. Is that the Board of
County Commifeioners undertakes by th
contract to Interfere with the duties ol
the County Clerk by stipulating how and
from what data he shall make del'nqucnt
tax lists, when his duties in that regard
are fpec'ally prescribed by statute, and
the Board of County Commissioners or
County Court has no control over him, ex
cept, perhaps, to see that he faithfully
executes the duties of his office." . .
It Is alsp held that the Clerk has no
Tight to go outside of the tax roll foi
information regarding descriptions of
property.
State of Oregon ex rel. Rangdina Rivers,
plaintiff, vs. J. E. Miller, defendant, dis
barment proceedings, from Umatilla
County; disbarred; opinion per curiam.
The opinion of the court says: "This
is a p.-oceeding for the disbarment of the
defendant, who is a regularly licensed at
torney of the court. The information
charges him with a violation of his of
ficial oath, a willful disobedience of the
order of the court and of willful deceit
and misconduct in his profession. . . .
The charges consist (1) of unlawfully pro
curing the absence of the relator, an ex
ecution debtor, contrary to the order of i
th- court reoulnnrr her to annrar for ex
amination at a time stated, with intent
to cause a failure of justice; (2) of will
fully and unlawfully obtaining from the
said Rangdina Rivers the personal prop
erty t'lscnbed in the complaint, with in
tent to defraud her thereof and to wrong
fully vonvert the same to his own use; and
(S) of endeavoring to extort money from
her. w hlch she did not owe."
After reviewing all the evidence in the
case, the court holds tliat the defendant
was not guilty of defrauding Mrs. Rivers
of her property nor of attempted extor
tion from her of money that was not his
due. The court hold., however, that tLo
first fpecificaflon of the charges has been
amnly proved. In conclusion, the oplniou
ssays:
In this connection, It may be remarked
jat tne letters he wrote to her and to
Hume indicate a very low estimate
taf the high duties which devolve upon an
litiorncy. and of his just and honorable
relatione to his clients. There is here
ubject for reproof. But, for the offense of
.ocuring ta absence of Mrs. Riven,, in
i disobedience to the positive orders of the
court requiring her further examination in
the proceedings supplementary to execu
tion, ho will be disbarred from practicing
la the courts of this state, and such will
be the order of the court."
Hnry M. Wagner, respondent, vs. City
of Portland, appellant, from Multnomah
County, on motion to dismiss appeal; mo
tion overruled; opinion per curiam.
This is a motion to dismiss the appeal
Xierein for two reasons; first, the abstract
of record contains no assignment of er
rors relied upon for a reversal of the
case, and, second, appellant has not filed
its brief within the time required by the
rules of this court.
.The procedure on appeal has been ma
Serially amended by the late action of the
LcglslaUvc Assembly. A party may now
appeal by g-vlng notice in open court'or
before the Judge- thereof at chambers, at
the time of the rendition or the order.
Judgment or decree, that he appeals there
from, or from such specified part thereof;
or, if not taken at the time, he may ap
peal by causing a notice, signed by him
self or attorney, to he served on the ad
verse party or parties that have appeared
in the action, and such notice ehall be
sufUcJeat it It contains the title ot th
cause, the names of the parties and no
tifies the adverse party or his attorney
that an appeal Is taken to the higher
court (designating It) from, the judgment,
order or decree, or some specified part
thereof. It will be observed that it is
not necessary to specify or assign errors
in the notice of appeal, as was formerly
the case. The rules of the court were
adopted in view of tne old law, and
hence, under rule 9, it is prescribed that,
if the appeal Is from a judgment in an ac
tion, the appellant shall set out in his
abstract of record those assignments of
error In the notice of appeal on which
he Intends to rely, and none other. As
the law now requires no assignments of
error in the notice of appeal, it is urgeeJ
that, under rule 9 (24 Or. 595). no state
ment of errors in the abstract is neces
sary, and that rule 30 (providing that
where no abstract has been served no
jquestion appearing upon the record will
be examined or considered on thchearlng
in th"is court except such as may arise
upon the assignments of error contained
In the printed abstract) Is hereby, rendered
nugatory, in eo far" as it may pertain to
actions at Taw. There io much force In
the contention,' for, under the present
soeeioe9tt
SOUVENIR-BUTTON COUPQN. :
G
Cut this out and send It in as an order for one or more souvenir buttons
made of Spanish bronze cannon currendered to the Second Oregon Volunteers
-at the capitulation of Manila. The entire proceeds will go to the soldiers
monument fund. Buttons are 25 cents each, In any quantity. In ordering, e
speclfywhether you want button-back or pin-back. The latter fs for ladles.
Buttons will be sent, postage paid, to any address In the United States or
Canada.
Secretary Souvenir Button Committee,
Box 317, Portland, Oregon - ?-
Dear Sir: Tou will And enclosed the sum of in
for which please send Spanish-American "War Souvenir- Buttons,
with backs, to the following addresses:
etef((te(tioestt
law, at least, it Is not clear what align
ments of error in law cases must be set
out in the abstract. The appellant should,
therefore, In the interest of justice, have
the benefit of the doubt, and be allowed
to amend its abstract by ecrving and filing
assignments of error within 10 daye.
This is the first time our attention has
been called to the want of clearness in
the rules in this regard dince the amend
atory act of 1S99, and the necessary amend-men-te
are now being considered and will
be promulgated at an early day.
At it pertains to the second rearon for
dismissal. It appears that appellant's
brief was filed n few days after the ex
piration of an extended time for filing
pame. In this, appellant Is In default,
but it Is not vital to the jurisdiction of the
court. The delay was caused by sickness
of the course!, and appellant will be-relieved
of the default, and the brief, al
lowed to stand as filed. The motion will
therefore be overruled.
Phillip Mcrriam, plaintiff, vs. the Vic
tory Placer Mining Company et al., de
fendants, from Douglas County: Nash's
appeal from the order of distribution; J.
C. Fullerton, Judge; receiver's appeal
from order removing him as- receiver, J.
W. Hamilton, Jiidge. Order of distribu
tion reversed. Opinion by Bean. J.
Nash was a lien creditor, of the Victory
Placer Mining Company, which went Into
the hands of a receiver November IS, 1S35.
The property having been sold the court or
dered the proceeds distributed as followfa:
First, to the payment of the expenses of
the receivership; second, to the payment of
the unsecured claims for labor and sup
plies furnished prior to the appointment of
the receiver, and, third, the balance to
Nash, except 53500, which the receiver waa
directed to hold until the final determina
tion of certain proceedings then pending
against him. Nash appealed to the Su
preme Court. The opinion of the Supreme
Court says:
"The right of a court appointing a re
ceiver to give priority of payment to un
secured debts over the lien of a mort
gage is restricted to creditors of rail
roads which are public concerns; and Is
only exercised as to them under special
circumstances, and in favor of a particu
lar class of claimr. As between creditors
by mortgage and general creditors, the
former are entitled to priority of paj
ment out of the mortgaged property, by
virtue of their contracts and the law ol
the land, and the court has no authority
to disregard their contract rights."
The older of the Supreme Court directs
the payment of the fund in the hands of
the receiver to the holders of the first
mortgage bonds, less the unpaid costs and
expenses of the receivership, to be ascer
tained and allowed by the court below.
The question of the receiver's appeal Is
not passed upon.
J. Frank "Watson, respondent, vs. the
Noonday 311nlng Company et al., appel
lants, from Douglas County; J. C Fuller
ton, Judge, affirmed. Opinion by Moore, J.
This is a suit to foreclose the liens of
certain material men. The questions of law
Involved are shown in the following por
tions of the opinion: "It is contended by
j appellant's counsel that a mine-is included
within the meaning of the word 'structure,'
as used in tne mecnames lien law (section
3C99), in the light of which a mill, tramway
and mine are connected and inseparable
the entirety of which precludes a Hen
for material used in building the mill or
tramway from attaching to either separate
from the mine; that plaintiff's assignors
not having included the mine, connected
with the mill by the tramway, in their
notice of liens, the court erred in decree
ing a foreclosure thereof; and that the
failure of the liens and of the complaint
in this respect was not waived "by an
swering over after the demurrer was over
ruled. "The Legislative Assembly of this state
evidently did not consider that the word
'structure as used In the general lien
law (section S6G9), Included a mine or min
ing claim, for at the same session at
which said section was amended, a sep
arate act was passed securing Hens on
mining claims.
"The reduction of ore near the mines
from which It is taken must, by saving
the cost of transportation, necessarily
benefit the mlneowner to the extent of
the expenses thus saved, but such re
duction, however beneficial it may prove
when accomplished near the mine, cannot,
be regarded as the working or develop
ment thereof, within the meaning of the
act in question, so as to give a Hen ou
the mine for material furnished In con
structing or for labor performed In operat
ing the mill. The building of a tramway
from a mine to a stamp mill probably
cheapens the cost of transporting ores,
but such tramway is constructed as a
means to facilitate the operation of the
mill, and not for the purpose of working
or developing the mine which suppUes ore
to the mill, and as it Is the labor per
formed cr material furnished for the
working or development of a mine that
creates a Hen which attaches to the mine
or mining claim, "we are unable to per
ceive, from the character of the Improve
ment, any material difference "between the
tramway and a wagon road used for the
same purpose, ...
"The mine, mill and tramway, under
our statute do not constitute such an en
tirety as to render a Hen for material used
in erecting the mUl and in constructing
the tramway void because such Hen was
not filed against the mine also."
Elizabeth Hess, administratrix, respon-
dent, vs. Oregon German Baking Com
pany, appellant: from Multnomah County,
E. D. Shattuck, Judge; reversed. Opinion
by Bean, J.
This was an action to recover damages
alleged to "have been sustained by the
wrongful issuance of an Injunction in a
suit brought by the defendant corporation
against the plaintiffs intestate. As orig
inally filed, the complaint alleged that
such suit was malicious and without prob
able cause, but this was stricken out on
plaintiff's motion, on the ground that an
Injury suffered by malicious prosecution
dies with the person injured. The de
fendant objected to the admission of any
testimony, because the complaint, as
amended, did not state facts sufficient to
constitute a cause of action. This ob
jection, together with a motion fornonsuit,
was overruled. The decision of the lower
court was in favor of the plaintiff, and
defendant appealed. In reversing the
lower court the Supreme Court says:
"It is an elementary rule of law that no
action can be maintained for an Injury
caused by legal proceedings, except the
process of the court Is abused through
malice and without probable cause."
John Salzgeber, appellant, vs. N. Mickel
ts(ittt(tt(ttcfi((
.1900.
Tours Truly,
e a
iettt(t
and Mary Mickel, respondents, from Mar
ion County; George H. Burnett, Judge;
reversed. Opinon by Wolverton. C- "J.
This was an action for damages for the
wrongful eviction of plaintiff from cer
tain leased premises, to be used for the
production of hops. At the trial the
court below refused to admit any testi
mony showing the breach of the contract
in the particular alleged, and gave judg
ment for defendants pon the pleadings,
upon the ground that the complaint did
not state facts sufficient to constitute a
cause of action. The Supreme Court
says:
"The acts of the defendants, as shown
by the averments of the complaint,
amount to a total breach of their stipu
lation, as they have put an end absolute
ly to the agreement under which the
parties were acting, and the action was
maintained from the time the breach oc
curred." The petition for rehearing in the ease
of J. T. Osborne, respondent, vs. New
berg Orchard Association, appellant, waa
denied. The contention for a hearing was
upon the court's decision that "the ex
ppnses of obtaining the surety are as
suredly not recoverable as costs and dis
bursements in any event." Counsel cited
Session Laws of 1S99, page 193, providing
for the recovery of costs of procuring a
surety company on bonds, but the court
holds that in this case It is not necessary
to pass any judgment upon this point.
The following minor orders were made:
E. F. Reade, respondent, vs. Pacific
Coast Home Supply Association, appel
lant; ordered on stipulation that appellant
have 20 days' further time to serve and
file a reply brief herei.
Commercial National Bank, respondent,
ys City of SeUwood et al.. appellants; pe
tition for rehearing denied.
Henry M. "Wagner, respondent, vs. City
of Portland, appellant; ordered that ap
pellant have leave to serve and file as
signments of error within 10 days. Further
ordered that respondent have 20 days after
service of appellant's assignments of error
to serve and file his abstract herein.
Quotations of Minin? Stocks.
SPOKANE. May .5.-The closing bids for
mining stocks today were:
?fU J5J5nibler CarlbooJO CSV,
Crystal su neseratlnr, """" r?
Deer Trail Con. S .Rossland Glen."
li
A-venlns Star ... 8 (SullUan ii
?5i
Iron Mask ..... 33 But. Hump Dev. 3
Lone Pine Surp. 14 Sonora. ....ZT.. t4
Morning Glory.. 25J31g Iron 21
Morrison iiiT.i m. - 4
SKIPalo Alto
Noble FI ....
Princess Maud.
Blacktail Mount.
2fci
SAN KKANCISCO. May 5. The oflielal clos
ing quotations for mining stocks today were:
Alpha Con 2JMexican ....... j
n.d Occidental Con ... 3
Belcher 12 Onhir " 50
Best & Belcher.
Bullion
C&Jedonla
Cliallenge Con ..
Chollar
Confidence
Con. Cal. & Va..
Crown Point ....
Gould & Curry..
Hale &. Norcro&s.
luiuicnnan .....
ilPotosl
1 25Savace
14,Seg. Belcher ..
21Sierr& Nevada
bO Silver HUT ...
1 ROlStandard
Utah Con s
Yolloiv Jacket .... 13
NEW TORK. May 5. Mining stocks today
closod as follows:
Chollar
$0 lS:Ontario $s 00
Crown Point iriiOnMf
Ccn. Cal. & Va... 1 45iPlyinouth
Dead wood 55 Quicksilver ...
Gould & Curry... lSi do pref
Hale & Xorcross.. 3oS!erra Nevada
Homestake ...... .00 OOlStandard
Iron Silver b-lJUnion Con
Mexican 23, Yellow Jacket .
BOSTON. May 5. Closing quotations:
Adventure f0 :Huniboldt
50
1-
1 CO
7 CO
.. 4 00
.. 24
.. 15
iO 75
C5
42
Amal. Copper .. SSVijParrott
Atlantic 24 JQuincy
Boston & Mont. 2 SO iSania. V rvmru-
1 374
Butte & Boston. 69 I Utah Mlnlnc ... :
Cal. & Hecla... 7 53 IWrnona aC
Centennial ..
I'lslUolvcrines -g
Franklin
J. S. Well, of Olnlla.
ROSEBURG. Or.. May 5.-J. S. Wells,
ot, Olalla, died yesterday at his residence,
aged 72 years. Deceased "was a brother of
Postmaster W. R. Wells, of that place,
and one of the best-knotvn and most
highly respected of pioneer citizens. He
was an Indian War veteran.
UMPHREY
Humphreys' Specifics are the Ideal cure.
Specifics which act directly upon the dis
ease In such doses as cure, -without excit
ing disorder la any other part of the sys
tem. Specific "77" breaks up Grip and Colds
that "hang: on."
Specific "1" breaks up Fevers, Con
gestion. Inflammation.
Specific "10" breaks up Dyspepsia, In
digestion. Weak Stomach.
Specific "IS" breaks up Rheumatism.
Rheumatic Pains, Lumbago.
Specific "16" breaks up Malaria, Chills,
and Fever.
Specluc "2?' breaks up Kidney and
Bladder Diseases.
Manual of all diseases, especially about
children, sent free.
For sale by all druggists, or sent on
receipt of price. 23c. each. Humphreys
Homoopathic Medicine ,Co., cor. William
& Jqha streets, X. T.
32 Re EtlcHHe-Xarccl, 32, Paris.
- t - -
FURNSTU
v.
OUR IMMENSE RETAIL
&f
'$
Sweeping Reductions on Every Article
Sueh bargains in strietly modern furniture have
never been offered in Portland or the Northwest,
and if you need anything in our line this is an op-. -
portunity that eannot be overlooked. , ,
GREAT VALUE FOR A SMALL AMOUNT OF 1V10NEY
Will make this sale memorable in the annals of the
trade in Portland. The stoek consists of the best
productions of the most celebrated Eastern manu
facturers, and affords the widest possible range for
; intelligent selection.
The
BETWEEN
TAYLOR AKD SALMON STREETS.
Blf SHREWD INVESTORS
AND WAS SET FREC BY 3IEX "WHOM
HE SWINDLED.
Operations of the Atlln. 3Ilnc-3eller
Who Was Arrested In New What
com Last Thursday.
NEW WHATCOM, Wash.. May 5. J. E.
Banks, the British Columbia, mountaineer
.-. haWi Tniiirav for sellinc fake
gold mines to Wall-street financiers, has
rounded off his criminal career Dytcscapmg
from Jail by aid of the -wonderful "confi
dence" proclivities -which h exercised on
representatives of the New York concern
-who run him to earth. He succeeded in
inducing them to believe that he really
owned the claims -which he sold them.
They -withdrew the complaint against him
and started for Vancouver, B. C, to com
plete the arrangements for accompanying
him to Atlln, leaving him to follow next
day. Hiring a rig, presumably to go out
to his ranch, he made his escape, aban
doning the rig on the road.
It now develops that Banks' operations
extended from the Atlantic to the Pacific
and cover a period of six months. He laid
tho foundation for Wa operations by going
Into Atlln and making u filing on a val
uable quartz claim owned by Lord Hamil
ton. This gave him a certificate signed
by the mining recorder in the Atlln dis
trict. With this and a lW-pound sack of
quartz taken from the claim, he started
operations.
The first sale made was to F. S. Shaw, a
well-known mining operator of Seattle.
October 27. 1S93, and he is loser $1GC0. A
Kallspell, Mont., syndicate of mining men.
composed ot Frank J. Lebert, John M.
Glass and. A. J. Steele, next purchased a
half interest lru the. supposed mine and
parted with $500 cash. This was Kovember
10. two weeks after the Seattle sale. So
far no victims have shown up for transac
tions between tho date of that sale and
the one to the New York syndicate. This
leaves a stretch of three months, and as
he began by averaging a salo a week, the
authorities ara confident that there are a
large number of victims over the country.
Each victim was sold a half Interest and
made to agree to erect a stamp mill on the
property. Banks retaining half, which was
to mako him independently wealthy. Cer
tified copies of assays of ore which he car
ried showed that -ft contained over ?10:0
of gold to the ton.
A strange coincidence is that one mem
ber of the Montana syndicate really owns
a one-third Interest in the very mine which
Banks pretended to sell him. Strenuous
efforts are now being made to arrest
Banks again. With the proceeds xf h-s
sales he purchased an Isolated farm In
this county and settled down, believing
himself safe from pursuit.
GAMBLER PERISHED IN FIRE.
Property Bar.aed at Sandon Worth
S700,00O Relief 3Ieasures.
SP.OKANE. May 5. A Kaslo (B. C.)
special to the Spokesman-Review says:
Sandon presented a frightful scene of
desolation this morning, and, to make It
worse, a tragedy Is connected with the
conflagration. Miles Rambaugh, a gam
bler, perished In the Clifton Hotel. His
headless body was taken from the ruins
oday. He came" f roirf Finches, Canada.
The property loss Is' now figured at 5700,
000. J. M. Harris, owner of the townslte.
Is the heaviest loser. His losses aggre
gate 5300.000.
Offers of assistance arc pouring In.
Kaslo took the lead with a special train
of supplies. Vancouver. New Denver,
Slocan City, Nelson and other points
came promptly to the rescue, while Win
nipeg wired: "Draw on us" for 52000."
All the big miners around the town
placed their large boarding-houses at tho
THE GREAT
WILL CONTINUE UNTIL
? We are positively retir-ing ftom the retail business
tand must turn our stoek into eash as soon as pos
sible. To aeeomplish our purpose we must make
Oregon Furniture Mfg.
208-210 First Street
disposal of the homeless. The women are
sticking pluckily to the burned town.
Most of them refuse to leave it to come
to Kaslo.
HANGED WITHOUT A TRIAL.
Story of Rugged Justice Drought
From Iiatuyn. Bay, Alaska.
SEATTLE, Ma., 5. Among the passen
gers from Latuya Bay to Juneau on the
Bertha, which arrived today, were a man
named Nelson and his wife, who reported
to the authorities at Juneau a. sensational
case of murder and lynching which oc
curred at Latuya Bay last November. Ac
cording to their story, they and two out
ers white men were at dinner one day,
when Steve Severts, one of the men,
arose, walked out and returned with a re
volver, shot and killed the other white,
man, wounded the woman, but before he
could do further damage was disarmed by
Nelson. The latter and another white man,
aided by an Indian, kept Severts a pris
oner for a month, meanwhile trying to
communicate with the authorities at Ju
neau. Finally, fearing Severts would es
cape or murder them all, he was hanged
by those at Latuya Bay. Nelson and wife
then came to Juneau by the first steamer
and gave themselves up.
PACIFIC UNIVERSITY WON.
Beat State University Team for State
Championship In Debate.
EUGENE, Or., May 5. The final debate
of the series for the Intercollegiate cham-
, plonship of Oregon took place In Vlllard
Hall this evening, between teams of Pa-
' ciflc University, of Forest Grove, and the
University of Oregon.
I The former was represented by Lynn
' Lancefield, William Fletcher and A. D.
Schoch. and the latter by W. L. Whittle
sey, B. C. Jakway and George GooJall.
. John H. Hall, of Portland; H. H. Hewitt,
of Albany, and A. S. Hammond, of Med-
Iford, acted as judges. The question was:
"Resolved, That Government ownership
and operation of territorial railways would
better subserve the public welfare than
does the present system of ownership and
operation by private corporations."
It was conceded: First, that all constitu
tional and legal hindrances to such own
ership and operation could be removed;
second, that all such railway systems
could be secured for a fair compensation;
These unwelcome visiters usually
Mr. R. M. Pratt, Cave. S. C. writes :
"Fcr twenty ycais I was sorely
afflicted with bqils and carbuncles
caused by impure blood. It is impos
sible to describe my suffering ; part of
the. time being unable to work or si eep.
Several doctors treated me, audi tried
all the so-called blood remedies, but
nothing seemed to do me any good.
Dunngthe summer of xEES I -was per
suaSed to try S.S.5L, and after taking
several bottles was entirely cured, an
have bad no return of these painful
pests up to the present time."
and any information or advice wanted wiU
, whatever for this service. Send fvr cur
RE
STOCK IS CLOSED OUT
third, that all appointments, promotions
and removals in our civil service would be
made on the basis of business efficiency
only. '
The State University had the affirmative
and Pacific University the negative. Pa
cific won the decision and state cham
pionship. 14 YEARS FOR HIGHWAY ROBBERY j
Sentence of an American Citizen la
British Columbia.
VANCOUVER, B. C, May o. Martin
Everett, an American citizen, was sen
tenced today at Vernon, B. C. to 14 years'
imprisonment for highway robbery, alleged
to have been committed about a year ago
at Grand Forks, B. C. Six months ago
the case was laid before United States
Consul Dudley, and he presented It to the
State Department, at Washington. D. C.
The sentence caused great surprise, as it
was known that the citse had become an
international matter. Consul Dudley to
night apprised Secretary Hay of the sen
tence. His prior representations to, the
State Department were favorable to Ever
ett's contention that his arrest by Cana
dian officials at Republic, Wash., was un
warranted. Pranes Not Injured.
Dallas Observer.
M. M. Ellis reports that the trees in hi
big orchard north of town are literally
"full of prunes." A fc-v days ago this
orchard gave every Indication of a fail
ure, and Mr. Ellis had given up hope of
securing more than one-fourth of the usual
crCD. but the fine weathtr of the na3t
) week has brought the fruit out in good
shape, and the orchard promises a most
bountiful yield. The prune orchards in
this vicinity are not damaged to any no.
ticeable extent.
Sailed for Nome.
SEATTLE. May 5. The Alaska Com
rerclal Company's steamer Dora sailed
i mis afternoon for Cape Nome. via. St.
Michael, with 37 first-class passengers
and 110 tons of general cargo.
Collided With an Iceberg. 1
SEATTLE, May 5. The steamer Excel
sior, of the Pacific Steam Whaling Com
pany's fleet, collided with an iceberg near
Juneau recently and was beached to as
certain the damage. The news was
appear fn the spring- or summer, when the
itselt irom the many impurities that nave accumulated during the winter months.
Carbuncles, -which are more painful and dangerous, come most frequently on the back of the neck,
eating great holes in the flesh, exhaust the strength and often prove fatal. Boils are regarded by some
people as blessings, and they patiently and uncomplainingly endure the pain and inconvenience under
the mistaken idea that their health is being benefitted, that their blood is too thick anyway, and this is
Nature's plan of thinning it. The blood is not too rich or too thick, but is diseased is full of poison and
unless relieved the entire system will suffer. The boil or carbuncle gives warning of serious internal
troubles, which are only waiting for a-f avorable opportunity to develop. Many an old sore, running ulcer,
even, cancer, is tne resuiu 01 a negieciea dou. .
Keep the blood pure, and it will keep the Fittmrg3mmwtt
skin dear of all theirritating impurities that f ? MJM9
cause these paintul, dishgunng diseases.
- S. S. S. cures boils and carbuncles
and permanently by reiniorcanEr, -punfymF and
building up the blood and ridding the system of all accumulated waste matter.
S. S. S. is made of roots andherbswhich act directly on the blood, and all poisons, no matter
how. deep-seated, are soon overcome and driven out by this powerful purely vegetable medicine.
S. S. S. is not a new, untried remedy, but for
fifty years has been curing all kinds of blood and skin
diseases. It has cured thousands, and will cure you.
It is a pleasant tonic as well as blood purifier im
proves the appetite and digestion, builds up your
general health and keeps your blood in order.
Our physicians have made blood and skin dis
eases a lire study write them fully about your case.
be cheerfully given. We make no charee
book on Blood and Skin Diseases free,
3rL.L.
,K
vla
BETWEEN"
TAYLOR ANI "SAiarOSr STREETS.
brought by the steamer Bertha, arriving'
lere today. The Bertha, did not -stop on
her way down.
Slcipworth at Junction Citr-
JUNCTION CITY, Or., May 5. Hon. E.
R. Sklpworth, of Eugene, nominated for
Representative on the Citizens ticket,
spoke on the political Issues ot the day to
a large audience in the Opera.-House to
day. Washington Notes.
The Spokane Chamber of Commerce has
indorsed, John Barrett, ex-Minister to
Slam, for appointment as a Commissioner
to examine into Oriental commerce.
The bicycle path from Vancouver to the
Felida postofflce was completed last Fri
day. The path is one of the best in the
county, being six feet wide, with e. cover
ing of sand. All the uneven places have
been evened up and leveled.
The Bellingham Press Club has been or
ganized, with H. J. Strickfaden as- chair
man and F. C. Teck as secretary. The
club was organized for the purpose ot pro
viding entertainment for the State Presa
Association, which will meet there July 23.
A new Industry may bo located in Ever
ett. The project Is to dig up a cord ot
ordinary fir stumps, and by the application,
of heat and a chemical process, run out
stuff of the market value of ?7S 50, not to
speak of some 520 on the side, which may
be picked up by anybody taking the trou
ble. The articles to be extracted from the
stumps are Burgundy pJbeh,.woad1alco.apl,
eharcoal, creosote and gas-Jano" -
Tribute to Vest's Fidelity.
Philadelphia North American (Rep.)
Holding In his hand a note upon wlich
the Ink was not dry, begging him. for the
sake of ail that is sacred in friendship, to
save from the shame and humiliation of
defeat the man dearer to him than ail
other men. Senator Vest was true to the
highest Ideal of manhood and American
statesmanship, and rounded out a long
and honorable record in public life with
that heroic word that saved the honor of
a state. Such is the stuff of which the
Ideal Senator Is made and which the youth
of America are taught to believe alone can
make a Senator of the United States.
But men of that make are not often
chosen, and Senator Vest looms up a
grand and lonely figure In the public Ufa
of today.
BU1NCL
blood is making an extra effort to free
easily
Addresst The Sift Soecific C.. Af liuta. S