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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Dec. 16, 1900)
tee gryDAy pjrigor&JA&r Offigi-nBritfiR io, igo 10 AWYERS OF OREGON 'crsonat Recollections of Hon. Ex-United States Senator. PORTLAND, Or., Dec 14. To the Ed-1 itor.) In reply to ydur request I write; somewhat of the lawyers and the practice of the law in Oregon SO years ago. While I was not here at the date of the first issue of the Oregonian I was preparing trtr my -voyage around Cape Horn to Ore gon and arrived here In the Bummer oi IS51, before any' accession to the popula tion by the immigration of that year, so that I found the condition of the country substantially the same as at the date of le first issue of your journal. On reaching Portland we landed at a I wharf boat at the fool of Washington street, which boat was constructed by pinning together four huge cedar logs (adapted ts the purpose by co-verlng them with pranks and erecting on one end a mall shed called the warehouse. The raft seemed securely fastened to the bark of the river. On the arrival of the tc ,mer a long line of people, men, women irxi children, about 200, said to be most ' tre people lit town, were assembled on line Ugh bank to witness the landing of irhe newcomers There was a custom In zr'y t'mes with the steamers from San frrar" -co of firing a cannon a mile below town as the signal to notify the people to lecme out. AtT lard.rg the paewrers th steam. Icr dropped down to COUCH C Flanders Iwrarf f,r discharging freiEht. At that time the forest came down to the river's srink. except the trees were cut out of Irront 5tnet from B street to Jefferson (street There were no buildings on the lr4er -lie of Tront street, and the stumps emairccl standing In the street'' wpre hlteweVed to keep the pedestriahd .om j-.-I-g against them in the night time as trcre were then no street lamps. There were a few business houses erected alone the vest side of Front street, chiefly liaht structures one story high. One proml- nent building stood on the northwest eorrer of Front and Washington streets ca'led the Columbia Hdtel, built by the i je u-tnei tu ljownsdale one of the prin cipal proprietors of the town, which had ju-t Deen completed. There was also good-sized wooden building standing on t. e southwest corner of Alder and Front ctrcets, occupied by Thomas Carter. dealer in general merchandise. Between those buildings and the river the ground was acart. iir-isitriTng at tne uoiumbiarii I went Cit abot town to see what were the pros pects J.or a joung lawyer. I had studied liw lu Philadelphia for three jears under the Vst instruction and opportunities and 1511 -myself equal to all classes of profes- s onal work. I called at the office of Alex- I"1 JflT Camnbell. In n small nr.rtr-i S'jul ding just north of the Columbian Ho- ttl. On my asking him what was the fle'i far the law practice In Oregon, he Tcintcd to a surveyors compass and cha'n in one corner of the office and re plied: "If It were not for that comnass and chain I could not make my salt here i go cut ana survey land claims for the settlers and then draw up their papers f "r them as soo,n as the surveys are com . pletcd, and make a little monev" T flirt not find Colonel W. W. Chapman at home, though he was In practice lit Portland at that time. R, p. Boise had been a few months 1p practice here also, but he had gone up the -valley at the time of my ar rival, and he shortly afterwards settled on a l?nd claim in Polk County, which I b'.'PV he Still own ATr Onmnhnll whn tv is a Scotchman from Nbva fefcotln. was after. wards a prominent lawjer in Ore gon and in San Francisco. Colonel TV. W. tiihvt&ah. -icr.el Chapman had been bdFh aSd ?3ucat d In Virginia, was apoblnled Unlei States District Attorney by Pres ident Andrew Jackson, for the Territory I of 1 wa, and later served in Congress as the frst Delegate from that territory. He :ovea to Oregon In 1S4C He was a man of ab llry as a lawyer, especially in real ettte cases. He became Sur ej or-Gen-erjl -f Oregon. Rturnlncr to thp nrar. tl"e cf the law In Portland, he diligently i .icwed It until he was over SO voars old. He was a part original proprietor of Port la tJ Next, visiting Oregon City. I found a V ae of much mdre general actlvitj ahd importance than Portland. In the prac tice of the law. I found located here Ar"orj Holbrook, United States District -norney for Oregon Territory; General Edward Hamilton, secretary of the ler- t3ry; J. Qulnn Thornton, former Chief Jusi ce of the provisional government: Aa on E. Walt, afterwards Chief justice of the State of Oregon; and A. L. Love- The locallon ef the law firm of Thurston & T'Vault had been here also. fcut Thurston, who had served two jears is rst Delegate of the territory In Con-r-css bj election In 1S19. had then lately -cJ ct Acapulce, Mexico, on his way nome to Oregon, and TVault had gone to the mines In Jackson Countj, where he became a prominent member of the SiuOern Oregon bar. and spent his life o o a age there. Mr. Holbrook was a graduate of Bow doin College. Maine, and sfuJieJ law In Boston, where he prac t ced before coming here. He was an accomplished lawyer, as Would Be inai- cafcd by the circumstances of his edu- liatijjn. He had been a classmate of my two older brothers at Bewdoln. He. of i course, knew me at once We became pers-pil friends and remained so durlne- his life. I ihet him In attendance at nil the courts as United States District At torney Jurirtg the term of his office. He moved my admission to the bar at Sa- 3em before Chief Justice Nelson in Sep--tem' cr "m1. on certificate of admission m Jfri'adclphia. On his going into gen eral practice of the law a'tcr his retire ment f-om office, he moved to Portland and was generally successful In his nro- lfeoral work General Hamilton, who had served In the Mcx'can War, moved to Portland a'ter the expiration f his term of office n-J nu t a law office In the block on wMrh 's situated the Portland Library. Tvl'cre he continued to practice law. He Med to be an octogenarian. He was a r-t'ie of Ohio. I. Qiililn Thornton. J. Qulhn Thornton was a lawjer of the 'Js'r' A native if Virginia, he had taken a thorough course of Instruction at t-e Ur ive-isit of Virginia, and had spent ore j cr in London, at one of the Inns c c -rt there, digging up the roots of the frmor law of England. Few men vrere cvsr better prepared to come to the ba- V-z.1 1 c was. He had a urt-at fund cf legal knonlodce. H was a rood wrl r, c-d a fair and eocent sneaker: tj T r cme occult reason he never could make hc- most .f himself. He had been aT!rtcd by Governor Abernethy as Cr'tf Justice of the provisional govern-ire-t and afterwards in iris nif tr. Wastrgton, D. C . on a letter of recom- m-r-atlon. from Governor Abernethv. s gges'ing that he aid in the framework and parage of the Oregon territorial orgar'- act, which he did to the best of Ms ability. He afterwards wrote a full account of his mission to Washington tie lert uregon iaty m declining health f go onto a farm near Albanv in 1S51. where he recovered his health and lived t a 'gorous omj ape In his oractice at Albany he had many a tug of war with De ason Smith, the "Lion of Linn." who sutsecjuentlj settled there. General A. L. Lovpjoj. Jereral A Lawrence Lovejoy I also mPt at Oregon Ctty. He came ffm the B cn bar Joining the immigration of 1S42 He stopped at Whitman's station in the Wa'!i Walte Valley aad returned to t-e Spates tVJUi Dr. Whitman on that u T.oral W Winter trip ef IStt- He re- turnet with the immigration of 1S48. and sef td a? a Ifewver at Oregtm City arid FIFTY YEARS AGO L F. Grover, Ix-Govcrnor and remained there In the .practice df his pro- fession during his whole life. He was the nephew of Amos and Abbott Law rence, the foUriders of City of Lawrence, in Massachusetts, and the greatest pro moters of cotton manufactures of their time in America. Mr. Lovejoj was a man of ability and learning, but of remarka bly quick temper: jet his temper was like a thunder shower, shortly over and then sunshine. He was the first lawjer who ever came to Oregon (1812). Then came Burnett ana Nesntlth (1$). Mr. Lovejoy was Speaker of the House of Representattv es of the provisional gov ernment in 1846, and was connected in several important services with that gov ernment. He was the strongest candi date for Provisional Governor against Abernethy at both elections of thst offi cer. He also served In the Legislatures of the Territory of Oregon and of the State of Oregon, and during a long life he was a useful and valuable citizen. Anron E. Wait. Aaron E. Walt was born In Massachu setts, studied law In Michigan and came to Oregon overland with the immigration of ISi". He settled In the practice of law at Oregon Cltj where he remained during all hn active professional life. I found him in his otflce deeply engrossed in the studi' of a case. But he readily threw aside his work and seemed io be pleased to meet a new man just from the East, and to make inquiries concern ing things generally. He seemed to be entirely devoted to his profession. He was a man of great suavity of manner, but was vigorous in his conduct of cases before the court, and he was alwajs mbst careful of the Interests of his clients. In the Autumn of 1S51 there was formed at Oregon City the law firm of Walt and Kelly, which stood many years as one of the strongest in Oregon. Judge Walt became the first Chief Justice of the State of Oregdn. Judge James K. Kellj' was a native ot Pennsylvania, and a gradu ate of Princeton. He was a delegate In the Constitutional Conentlon of 1S57, was elected a Senator of the United States In 1670, and served with distinc tion. He was afterwards a Justice of the Supreme Cobrt of Oregon. He Is still J living in Washington, D. C . over SO years of age. Judge Walt retired, first to Port land, then to his farm In Clackamas County, where he lately died In the 85th jear of his age. Arfnlicl Bash. At that time the Oregon Statesman was published at Oregon City by Asahel Bush, and I then made the acquaintance of Mr. Bush for the first time. Mr. Dryer, of The Oregonlan, and Mr. Bush, of the Statesman, were the two opposing news paper champions ahd political gladiators of Oregon. When the seat qf gov eminent was removed to Salom, the Statesman moved with it. and has ever since been published thfere, though Mr. Bush, for many years, has been whollj' retired from the newspaper field, and the States man has become a Republican journal. I also made the acquaintance of Mr. Dry er for the first time on my arrival In Portland. At the beginning. The Oregon lan appeared to hae but slim chance for long life and usefulness, but by the per sistence of those who hae stood stead fastly by it, and bj' the uniform abilltj' of Its managers and editors, it has reached a standing and Influence not equaled In the Pacific States. At the office of Judge Thornton I first met Dr. John McLoughlln, ex-chlef fac tor of the Hudson's Bay Coiripany In Ore gon. He was a man of remarkable pres ence, large, dignified and gracious in manner, with large graj'-blbe eyos and long, flowing white hair. B. F. Harrftnpr. The lawj'ers at Oregon dlty all advised that I settle at Salem, except Judge Thornton. He thought that Albany was the best place. The next da I wfent to Salem. I foUnd no one In the practice ot the law at that place, except James McCabe, who shortlj' afterwards went to San Francisco. Here 1 met Benjamin F. Hardirtg, a j-oUng lawj'tr from Penn sjlvanla. He had gone to the gold mines of California In 18i9; but being out of health and homesick he was induced bj' some Marion Countj' friends, who were coming home frbm the mines, to come and settle in Salem. Here he had found little to do, professlonall so he went td work as a clerk In the Ptore of Joseph Holman. But In June. 1S50, the people elected him to the House of Represen tatives uf the Oreson Legislature and re-elected him in 1551 and 1SS2. I found him in Holman's store and asked him as to the field for professional work for a jouttg lawyer. He said the field was good, if one had a law library, and asked If I had any law books. I told him I had a hundred volumes, consisting of the Pennsjlvania Itfeports and standard works. He seemed a little astonished and excited, and said that was more -lawbooks than any attorney In Oregon had, and asked where they were. I told him thej' were In two large bbxes In Couch & Flanders' warehouses In Portland. Calling his brother, the late E. J. Hard ing, who managed the stage line from Sa lem to Portland, he told him to take my order and bring up those boxes of books as soon as he could. He was alt life about the matter, and shortly proposed a partnership, and that we go to work as attornej's. The offer was at once ac cepted, and the law office of Harding & Grover was soon opened at Salem and continued seven j-oars so success fully that at the end of that time Mr. Harding retired from the practice with a compcienc At that time the United States surveys had just been extended over the settled parts of the territory, and our office, being located In the midst of It, we were almost overwhelmed at times with busi ness pertaining td the settlement bf con flicts of boundary of original settlers' claims, as the claims were not taken bj legal subdivisions, because thej were oc cupied before the extension of the regular survej's. and the settlers were not careful to survej' their own claims or to agree upon their lines hence litigation. The Sum e or-General's office was made bj the law creating it. a land court, which was of verj' extended jurisdiction at one time This class of practice of the earlj lawyers here of course. Is not known to the profession now. We purchased of the estate of the late Samuel R. Thur ston an addition to ourl aw llbrarv, in cluding the Massachusetts Reports, which were brought across' the plains In an ox wagon from Iowa, In 1S7. Mr. Harding served during three sessions ef the Territorial Legislature. He became Seeretarv of the Territory ana Senator of the United States. He was sound in his advice as a lawjer alwajs strong before a Jurj and generally successful, and when his heart was In the contest, he had a powerful influence with the peo ple He early retired to a farm In Lane County, and died in his 77th year. Joseph S. Smith. Joseph S. Smith came to Oreeon in the middle '40s. He became a teacher In the old Institute at Salem, where he also gave all of his spare time to the studj- of the law. He resided on a land claim near Salem in 1S50-51. Remolng to the Pugct Sound country he went Into full practice of the law. On the separation of Wash ington Territorj- from Oregon he became a member of the Washinjgten Territorj Legislature and was speaker ot the House He became Prtsectltlfls Aflorrie. 6T Hie Second Judicial District of the territorj nd afterwards United States District At trney fo' Washington Felurniig to Salem Re resumed practice, forming IB law firm cf Smith & Grever afterward Smith Grover A Pege nt PorM-- One ot th fflf r t tir-n pvf ttht??t in Oregon was that of IBS between David Logan and Joseph S Smith, In wh ch Smith won by about ISjO majoHty. These cahdidates werd very evenly matched in ability and powera of! debate. The contest was conducted In the manner of the debates of Lincoln and . Douglas, before the war. Both Smith and Logan were men of keen legal minds, with logic and eloquence equal to the occasion. No more interesting public po litical discussion was ever held In Oregon. As a lawyer Joseph S. Smith had few equals and no siiperior in early times here. Declining health caused his retire ment from law practice early In his career. Fifty years ago a few temporary houses were clustered on a high bank of the Yam hill, now In the county of that name. This Jlttde hamlet was called La Fay ette. There were two j'oung lawj-ers there just beginning practice. They were Mttthew P. Deady and David Logan, both destined to Impress themselves fan the destinies of the state and to exert a marked influence upon Its history, espe cially upon the history of the bar. JudRe 31. P. Denny. Jud:o De dy was born In Maryland and studied law in Ohio. He oame to Oregon In ISiS and engaged for a time In teacn ltig. But in March, 1B50, Re appgared b- fore Judge Pratt's Court, which I think was the first regular term of 'the United ssl "- su"rr conducted several c mses. He was elect ed in the following June to the House ot Representatives of the Oregon Legislature and in June. 1S51, he war elected to the Council. In 1E53 he was appointed one of the; three justices of-the Supreme Cdurt Lof the territorj From that lime forward to the time of his death fie was never off J the bench. His service was continuous on the territorial bench and bn the bench of the Unitea States District Court during a long life. He took an Intermission In his judicial work to serve as a delegate from Douglas County in the Constitution- al Convention Of 1837, and became presi- dent of the conention. He Uok an Im- portant part in the development of the laws of Oreson, both fundamental and statutory, and In their judicial administra tion. Dn-vld Lopan. David Logan came with the immigration bf 1850, from Springfield, 111. His father had been a judge of the Supreme Court of to the Umpqua River In 1850. He" was that state and a law partner of Abraham looking for a plate to bdlid a cltj5, and Lincoln. It has bean said that David Lo- he located a lqnd claim on the lo-er gan nev cr was a student, either in his Utnpqua, and laid out a tdwn thei'e, nam primarj education or In the study of the lng It Gardiner. He afterwards went Into law. He would sit about his father's , the law practice In Roseburg. .Later he law office and listen to the discussions be- removed to Portland, and joined ifi prac tween his father and Lincoln on law lice with Judge George H. Wllliahis, who points, and then go to the courthouse had come in 1S53, ad Chief Justice of the and hear the debates of the able and elo-i Territory, and had just'retlred from hia quent lawyers who assembled there, office. The law flrn. of Willlahis & GlbW Douglas, Trumbull, Baker, Browning, as was a leading one in Portland for Sey well as Lincoln and his father. It was a eral yfears. Governor Glbbs was elected great law school, and young Logan gained Chief Executive of the State In 1S62, be by absorption, all the learn'ntr of his pro- cpmihg the "War Governor. In this po fession. which, added to a mind of rare! fi"& n,t'5Taf1 mo, "5 nd 2ealks legal acumen, made him what he was, one administering his public duties Af- df the ablest ahd most eloquent advocates " "J Jrom Zha k T-.m a.-i., practiced law in Portland many j-ears. r ? ?J? S x'.n ln n nnnnintM ' Making an effort to build up his private In 1S9 Abrah-m Lincoln was appointed f t hft went io comm-asioned Governor of Oregon but declined the of- tQ seU a number ol B0,d mmeS. Whne fice. It was said that Mr. Lincoln was there &e wa3 tdken , w,th influenzd inclined to accept, but Mrs. Lincoln could and died .suddenly. The State Legislature hoi ue wrsuBu-u iu ica,D """" made ahd appropriation to bring his re Springfield. Had he accepted and come mallls t0 Oregon and to give him a burial to Oregon as Governor, the course of American history would have been changed. James "W. !emriiih. In Polk County were James W. Nesmlth and Reuben P. Boise. Nesmlth came with tne notaoie immigration ot ibii. ie never pretended to any education of the schools, His jouthful opportunities for instruction had been very nirrow. but bj his seizing upon all books within his reach and upon all opportunities of self-improvement he reallj' become a man of much attainment in learning, a good writer and strong de bater. His addresses and writlnrs con nected with the Pioneer Association In dicate the natural vigor bf his mind. Ho cduld deliver a polished address in the Senate of the United States, as witness his eulogy on the death of Charles Sum ner vh!le he did not devote himself ex ",'. ",r .."X.- ." ri..cuc.mu,a,:i." - u.uw-.y lo uie taw. ne Became a juage in tne provisional government, and an active factor in that earlj' organization. He was superintendent of Indian affairs, when his Jurisdiction extended over all of Old Oreson. and when his duties were critical. He alwaj-s took a prominent part In the Indian wars. He was elected Sen ator of the United States, and afterwards as member of the HmisA of Titnrpwnin. tlves. He was of Maine parentage and a man of remarkable natlv e abilltj'. Reuben 1. Boise. Reuben P. Boise arrived by the Isthmus route and came to Oregon by steamer irom ban .Francisco In November, I860. The last 50 jears have found him alwaj-s WANTED THINGS UNDERSTOOD IN ADVANCE. ltT?-T7 JtfS 'Kastns Interrupting minister during marriage ceremony) Pahson. would you mln' readla cat pau abeut "lore, honor an' abej'" jest once mo'; I doan want Ab brlda to dlsremem ber it. at his post, either practicing law or serv- ing as Judge on the bench. A graduate of Williams College. Massachusetts, his native state, after a careful course of three years' study of the law, he came to Oregon. This preparation for his chos- en profession has sliown Itself through out his career. He has served the long est on the bench ot any Judge In the Pacific States. He Is still In the harness, and does not propose to close his his tory with the work of a half century. William Stfonsr. Judge William Strong vojaged around doubtless develop Into one of the principal Cape Horn during the Winter and Spring states of the Pacific Coast within the of 1S49-1S50 He settled with Jiis family space of a few years, at Cathlamet, on the north side of Lower On4 of the strongest" Inducements the Columbia Jllvef. He came with a c6iri- ' people of Eastern Oregon have for" want mission as a Territorial JUdtfe. arid was ' ine a division of the slate. Is the thotieht assigned as a district that pftrt of Ore- gon which is now Washington. Coining to his duties well educated for he was a graduate of Yale, and a well-Instructed lawyer he took stronc hold af bis official work trad MknJ hi office with great sat- i-HtlR to tJxr ivn! Aftf- hU trm . . ,-1 h ' " - -'v upon active practice thronsnout his for mer district When Portland assunfed t6e rank of the leading city of the Pacific Northwest, he came here and began his practice, which" ended 6nly wltH his life, He was in able man. and belongea" to a family noted for legal ability one of his cousins havinfc been a Jiistlb of the United States Siipreme Court. He lived to o)d ase, and died in this city. Judge Thomas Nelson did not arrive here till the Winter of 1S53-5L, He fctaid but one year, then retfafnSa lb New Tork, his native state. O. C Pratt. Judge O. C Pratt wSs also from the State ct New York. H held more courts than any other Judge t before. 1SS3. The Legislature reduced Nelson's district and added s large por tion of it to Judge Prdlt's dis trict, because they' deemed Judge Nelson unsound on the seat ot government ques tion; This, no doubt, was the reason of his retirement. But Judge Nelson, per sonally was an honorable gentleman and an accomplished lawyer. Judgg Pratt was always Signified and vErj' prompt as a Judge. H6 was; fond of finding grounds on which to decide a case or to instruct a jury which the at torneys had never thought of. He was really js. very able and a very sharp law yer. He removed to San Francisco In the BOs, anS Joined with Alexander Camp bell, foririerlv of Portland. The firm of I Campbell x&i?sz,r-s l "n Af l...- ... .. ikA both became Judges of the Twelfth Ju- diclal District, including the City and County of San Francisco, and Judge Pratt was afterwards nbmlnated by the Republican oartv for Judge of the Su preme Court of California, but he did not 4tin v,i ,ininr, tr. .nr,t-nt,w4 m iK jn gan Francisco to old age. and died a few years since. In that city. He was educated at West Point, but resigned be- fore he was graduated, but his military discipline alwaj-s appeared In RIs bear- ing. He was an .excellent horsetnab, as all Weot Point men are, and he always rode a fine horse. In his court his rules w.ere like military orders, short and. coh- else, and he alwaj-s enforced them. There was great dignity in his coUrt, though often held, under the rudest surroundings. Addlsbn C. GibbH. Addison C. Glbbs was not in the prac tice of the law when I came heffej but he haa been In California In 1849i and came wltfi nubile honors. Benjamin Stark. Benjamin Stark canie to Oregon, la 1845, as supercargo on a vessel. He w as a na- tlve of Louisiana. At first he attended chiefiy to mercantile buslnessj but after- wara3 studied law, and was admitted to the bar. He never devoted much of hl3 time to the practice. He was a part proprietor of Portland, and Stark street i -was named for him. He was a mem- i ber of the Legislature and was appointed by .Governor Whittaker as Senator of the United Btates, to fill the vacancy caused by the death of Generat E. D. Baker, killed kt Ball's BlUff, Vd.. in the Begin ning of the late war. After Be retired from the- Senate, he look Up hia residence at New London, Conn., where he died last year, about 80 years q age. These were tne lawyers in uregon w ,vMrS .. The incidents of their lives . - "V" -" .. ,, ..Jl,r sometimes tragic but a volunie wotild not contain them. L. Fi GlROVBR. Hcre'a (in idea. Elgin Recdrder. In a recent communication to the Ore- gonian.. John W. Minto, a prominent res- Ident of Portland advbcites the dlvi sion of the state, with the Cascade Mountains as the dividing line. If the eastern portions of Oregofi and Washing ton were Included together In the pro posed division scheirie It would doubtless I be a good thing for the people ot thcr proposed hew state. Naturo has erected a natural boundary between the eastern and western portions of the two states; there is quite a 'difference in the clltnate and productions of the two sections, and I these differences quite often cause a I conflict of opinion In regard to state leg- islatlon which can never be done away sd long as the different sections are con nected Under one governnient. The east ern portions of the states would make a very respectable state, both In regard to population and wealth, and with the state capital locited at either Penaietofl or Walla Walla, our people would be more Prtrlrf-nliihflir sltiiflferi HhM it6 trnl.M j of Being freej from helping tb support the ''Salem hog, whose appetite appears to ' increase out of all proportion to the in- crease of taxable prdpeity -Sithin the state Whatevfer anyone does or says I must bf trood. Aurelu An'onltis. WILL GIVE UPTHEIRUNDS KLA3iATH IJiblASs TO CEDE HtifcD- ixgs rtf 6 GovERsiEsi'. Trcit.tr Arranged "rVhiek Satlsficfor- Ur SeHifca Ola-Time tilspttte Terxori ot AsreenieMti WASHINGTON, Dec 9. After many unsuccessful attempts, a treaty has at last been agreed upon with the Jtlamath Indians whereby they are to cede their long-disputed lands to the United States. In times past various attempts have -been made to" reach some agreement wmen would 6e satisfactory to both parties apd at the same tlmfe be Just and equitable. A little over a year ago an arreement was attained between Indian Inspector ifcConnell ana these Indians, bdt several features wrere not satisfactory to the de partment, and this year Inspector Mc Laughlin was sent to Oregon. He has finally succeeded in framing an agree ment, which has been sent to Congress with a strong Indorsement from the Com missioner of Indian Affairs and the Sec retary of Uig Interior. It will be recalled that the McConnell agreement was somewnat at variance with the report of the Boundary Commis sion of 1699, there being a difference of opinion as to the value of the lands Ex cluded from the reservation of the Klam aths bj erroneous survey, and on this ac count th department deemed It advis able to send another Inspector to Oregon and determine whether the price fixed bj- the Boundary Commission was a fair and reasonable one. equitable to In dians and the Government alike, and to negotiate an agreement with them as to the amount and terms of payment. This agreement was concluded October 24 last. By the first article of the McLaugh lin agreement, the Indians cede to the United States all claim and Interest in all parts of their reservation lying be tween Uie boundaries described In the treaty of October 14, 1S64, as surveyed In 1ST1, comprising a total area of 621, 24 acres. In consideration of the cession of these lands. It Is provided m section 2 that the United States shall pay and expend for the Klamath Indians the sum of $53T, 007, being at the rate of 88.3S cents per acr& It-Is understood that J25.000 of this sum shall be paid in cash, pro rata, to eaoh. man, woman and child belonging to the Klamath or other tribe under the jurisdiction of the Klamath Agehcy, with in 150 days after the date of the ratifica tion of the agreement; and the sum of $350,000 shall be deposited in the Treas ury of IRe United States, to be to the credit of the Indians, and shall draw In terest at thS rdte of 5 per cent per ah num, which Interest shall be paid to the Indians annually, per capita, In cash; and the remainder, after the payment of the legal fees 6f attorneys halng duly ap proved contracts, shall be expended for the benefit of the Indians under the di rection of the Secretary of the Interior, upon the requisition of th6 . Indians, through their agent, in the drainage and irrigation 6f their lands and in the pur chase of stock cattle for. issue to the In dians, and for such other purposes as may best prdtiiote their welfare. It Is provided, however, that the benefldiaries whose allotments will not be benefited by the Irrigation sjstem constructed un der this provision shall not bear dny of the expense of such, lrrigatloh construc tion, and shall, as nearly as practicable, receive an equivalent -value of the stock cattle or other articles contemplated; that eaoh beneficiary may receive his or her proportldnate share of the benefits of this provision, ana In addition to the In terest of the fund deposited in the Treas ury, the Secretary may expend for the benefit jf the Indians, including reason able" cash payments per capita, not to exceed 10 per cent per annbm of the prin cipal fund upon a majorltj' of tfie male aduit Indians of the agency petitioning fof thS same. . Nothing In the agreement is to be con strued to deprive the Indians of any benefits which they are entitled to under existing treaties, not inconsistent with the provisions of this agreerrienL The agreement is to take effect when signed by the Iridian Inspector and by a ma jority of the male adult Indians, and ap proved by the Secretary ot the Interior and accented and ratified by Congress. The agreement. It may be added, has been signed by 200 adult malei of the Klamath Agencj'. Agent Applegate cer tifies that the total number of male adult Indians over 18 jears of age belbnging to the Klamath Agency Is 236. Inspector McLaughlin reports a large area of heavily timbered country, cov ered largely with yellow pine, sugar pine, cedar and fir, which is capable of pro ducing an excellent quality of lumber. The merchantable timber in the exclud ed portion of the reservation along the Cascade Ranfe covers some 350,000 acres. This timber, while now of little value, owing to the inaccessibility; will become valuable in the near future bj' the con struction of railroads. The Inspector re gains $2 50 an acre a fair average value for the lands In their native state, ex clusive of the lava an3 rockj' portions, which are valueless. There are also many acres of arable land, which already possesses considerable value. Taking into consideration the 20 years that the Klam ath Indians have been deprived of these lands, together with the -value of the val lej's, meadows and'heavllj timbered por tions, the Inspector most heartily In dorses the price fixed upon laid land by the Boundary Commission In 1836, namely, S6 38 cents ter acre. In effecting his negotiations, Inspector McLaughlin explained that the depart ment was opposed to making large cash paj'meiits, as thej- haVe a demoralizing effect upon the Indians. The Indians at first demanded large casn payments, but finally jleldea when they had been made to see the greater benefit of having the money placed to their credit where it would draw Interest at 5 per cent. The ?25,00O td be distributed per capita will be sufficient to pay the bills now- out standing against the inaians. For the 1133 Indians, this will amount to about $22 to each Individual, and. it Is thought, will for the most part be Judiciously ex pended. The Indians at first were very much opposed to any outlay for Irriga tion, but when an arrangement was made whereby those who would not be bene fited by sueh Improvement should receive other assistance In its stead, they ac qulescea. Inspector McLaughlin is very enthusi astic in his report of the lana involved as 'a tnost excellent pasture land, where It Is open, ana sees great possibilities In the forests. He says there Is no finer section or Oregofi for stocKgrowing, and that this Industry should be fostered and encouraged, as It Is the only remuner ative Industry, aside from lumbering, in that section of the country. The Commissioner of Indian Affairs" ex presses great satisfaction that a suc cessful agreement has been reached, and thinks, if ratified, that it will be far bet ter for the prosperity of the Indians than the disposition of their funds proposed In former agreements. The price Is regard ed as just and fair. These Indians have waited patiently more than 20 yeafrS, he sajs, for the recognition of their rights to lands given them by treatj- stipulation, and the settlement with them should no longer fee deferred. To irisure the early ratification of the agreement, a bill for that purpose Is submitted, and its early consideration urged. DID NO? MUTINY. WeAtHer-B35Ba TaSfieiigfer Bcny ileport From Astoria. ASTORIA. OF. Dec. l4.--To the Edi tor) Referring to the Astoria dispatch' Of December 13L and published in our Is sue of December ii. ctelflnfr that the passenpers of the steamers Del Norl and Sit H Elmore mn'ln'ed this raorn- '.: 'x d demanded of thctf respective j captains- thit they should be taken- on their Journeys, etc We-, the undersigned passeBgers on bbard the 'steamer Del Norfe, bound for Coos Bay; points, and on Doard the steam er Suo H. Elmore, bound for Tillamook, desire ,to brand this Information as abso lutely faise in every pirticular. There wfit no mutiny and not a single word ut tered or demand mdde by any one of u9 that the captains proceed lo sea, neither did we call upon Weather Observer John son to decide if it was safe and reason able fdr the vessels to cross out. We are unable to find haw this Teport was" start ed, but In justice to the captains of the two vessels named, we ask that j'ou pub lish this denlaL Respectfully. Roderick L. Macleay, O. F. Van Sickle, A. H. Withlngfon. Martin Wallace. J. R. Rochon and wife. W. R. Black. H. W. Black, A. B. Ditnock, H. B Gist, Dr. W. A. Toye. M. G. Pfouti, Mrs. W. Car roll, Gertrud James, Miss A. Wise. NEWS OF THE CHURCHES. Bishop rjfnnnioh Hns Returned to Portland Other Nctea. Bishop Cranston has arrived at his home at 215 West Park from a tour df holding cbnferences In the Middle West and Sbuthefh States. Hi will remain In Pbrtland till about Februarj- when the Spring conferences on his district will commence. He comes to Portland In time to take, part in the dedication of several new Methodist churched. Sliiilstcrlnl AalsrnTOentjr. Rev. Henry Moyes has been placed in charge of the Methodist Churches at Fairvlew, Trdujadle and Bridal Veil. A business meeting was held at Fairvlew, Tuesday of last week, by Rev. L-. E. Rockwell, presiding elder, and this ar rangement made. Mr. Moyes will enter on that work its' soon as possible, Owing to the felckness iof his father-in-law. Dr. Clarke, who died at his home Thursday, he has been somewhat Hampered. Rev. Howard Osborn, the evangelist, who has just come into the Portland dis trict, has entered bn his work. He lives at Woddstock. His assignments are at the Methodist Churched at WoodstdCk. Rockwood, Linnton and Enos Chapel. He will be at the latter places today. BnptlHt Church Notes. The Woman's Home Mission Society of the First Baptist Church gave an in-4 structive entertainment on Wednesday evening. Mrs. L. P". Kopf presided. There were songs by Miss Welch, of Monta Villa, and members of the Mount Olive Church. Dr. Woody threw a large number of pictures on the canvas repre senting the varied work of the society. This Is carried on among te negroes, the Indians, the foreign immigrants and on the frontier. Miss Ailce Yoss filled the place of lecturer with Intelligent gracefulness. The Men's League of the church Is to hold a meeting on Monday evening to perfect the organization. A talk will be given by the pastor on the battle Of Nashville, which occurred on December 15 and 16, 1864. AT THE HOTELS. TH PORTLAND. Dan Wenver. Spokane Mr &. Mrs Wm Jones, Tacoma P G Stratton. West Superior, Wis J De Forrest, N X Cy W H Gordon. USA. J H Hargreaves. N T D B Shaffer. N T W D Comar; Seattle Phil Bray, Chlcagd Miss Leone Paine, Eu gene E L Klns Albany T Wechslor, San Fr N D Miner, at .raui F il Stevens & w, cjty E W Hathaway, city J E Rahsom. Chicago C A Farr. N T G fl. Wood, Chicago F E Van BUsklrk-. SF F TV Burpee, rair- haven. Wash J E Mauerhan, S F C P Freeland, S F S Hartman. Chlcasro A C Boughcton. Chgo J Q Peters. Baltimore Scott Shetland &. wire 2D Slocum, N.T X Mlnard, Chicago CF Briggs. San Fran Alfred Murray & wife. T T X TIrtiTTi!Tin- S F Rockland, ale Frank J Klnghorn &JD&vld Murray & wife. wf. Sah Francisco Ellensburir. Wash R J Selby, San Fran Dr and Mrs W Hutchlns. Buffalo Frank S Taggart, Spokane W E Tallant, Astoria. J G Benedette. San Fr S A Hopkins. Boston D A Holmes. Boatoo- W W Hoagland. S F THE PERKINS. Wm Menefee, Dalles A J Johnsdn, Astoria C C Brewer. Colfax, M T6unr. Astoria A J Hunsaker, Me- Mlnnvlllo ,. B P Green McMlnnvl R S Smith, city Mrs R S Smith, city Samuel Bunr. city TV C Hawley. Salem A Burton. Ft Stevens Frsa J Pvei BO P Mcintosh, Tillamook C R Henderson.Maygrs Mrs Howell, city lHenry Howell, city C E Powers, Astoria Wm Brldgefleld. Dalles N M Johnson, Dalles C R Johnson, Dalles Mrs Nlta. West. Hepp ner. Or Ben E Iiyster, Gardlnr RObt E Tunstan, iva- lamo. Wash E F Baxter. San Fr A C O'Nell. Spring -Mrs Ida Corhah. do rM A Rothchlld, San Fr field, Mo W E Wakelee, San Fr C C Utile. Butte Mrs C C Little. Butte "Wm r1nnn"r. Dalles C W Wentworth, Fos- H. Or P Welch. Snokane bB Bernard, Proaser Ray F Farmer, SSUem GG Hemlngi Corvallls P H Kershaw. Tacoma T R Carlyle, Tacoma Ml Carlvlfe. Tacoma C vv Lowe-, .Eugene W F Hebert, Chicago J R Up90. St Fl.Mlfctt Chas Redmond, city Mrs I.K Orr, Wasco A L Martin, Minnpls C B McDonald, do A A Nlcol. .South Bend J C Nlcol. Pluvers,Wa C H Moore, do E Hofer. Salem Jessie M. vn-eignion, Salem Chas Hill. Seattle Miss P Morris, Astoria Miss E Morris, Astoria MHs B. Morris. Astoria MlsB Lottie Bartman. Astoria THE IMPERIAL. C W. Khowles, Manager. D H Tarpley. city JH F Smith. Vancouvr S F Chadwltk, ColfaxlW G Westacallj Salem Mrs Chadwlck. CoUax'Mrs Westacall, do A C Palmer, Prlhevtll CHas S Moor. do A L. Stewart. Colfax M W Hunt, s do C W Thompson, do P E Michell, Stevenson XV F Mcllvain. Kan C Mrs Michell, do V ?J McLean. Pt Towd.W H Leeds. Salem. A C Hajes, San Jose W H Russell. Omaha. A M Miller, Butte Mrs Miller. Butte A T Van De Vanter, Seattle P C Hedrlck. Seattle Wm N Johnson, do Mary Broswell, Heppnr Sam'l L Hayden, Salem Jno D Daly, Corvallls Mrs Li sales, rittsDurg G W Phelps. Heppner iY B Watterman. Spokn R S Sheridan, Rdsebrg F F Porter, s r F A Hannelly, N T Mrs A D Short. Seattle W L Dudler. Seattle C F Miner. Baker City J Sylvester. Omaha A N Gilbert. Salem Agnes Gilbert, do J H Albert. do Mrs Albert. da Thos Holman, do Mrs Holman. do Theo. Downinr, do Fred H Geer, do G S Downing, do Geo H Burnett, do J I Sutherland, do Van Sutherland, dd Maud McKay, do Walter Lyon, do Dug Mlnto, do Chas L Riley, do J D Shaw, do C Nash. do B F Gordon. N X liooeri rvet-r, craiuo 111 3 tSLtAiaiilllfe UW -uvu in.. T. TH Cm,K T3rl J W Morrow. Heppner Mrs Morrow &. fy, do S A a u tootoaii team F W Durbln P Jarvls E Judd R D Read J Williams H Young R Saunders P D Graiham W Brucd ;D Farrar H H onnrer J Fletcher J H Gault. do Dr Ballard R Bonham n A MAllster. La Grd I Monheimer, MHWKeeii; cisnop Mrs Robt A Miller. IChauncey Bishop Oregon City C L McNary S Terr McKean, AstlH Albert F D Kuettner. AstorlalW Shlpp Mrs Kuettner. do R Southwlck C D Jessup. Salem jW Holman W H Leeds, do IB Lucas Hotel Brunswick. Seattle, European, first-class. Rates. 73c and up. One block from depot. Restaurant next door. . Taeomrt Hotel. Tnfcomn. American plan. P.ates. J3 and up. Donnelly Hotel. Tncoinn. European plan. Rates. 50c and up. The Golden Age of Literature. S. E. Klser In Chiiago Times-Herald. Blind Hohier had to beg his wayj And Milton wrote far little pay The lines that gave him fame; Fltzgera'd took old Omar's thought And gilded it. but never got . A penny for the same We" knoW haw Goldsmith and the rest Of those old fellows d'd their best For dribbles here ahd therrf; Poor Foe tould write undying verse, But thert was little In his purse, And peo?le didn't care. Marie CorelH grasp he- pen And gets a fortune th-re and then For what shs thinks she'll do; A rrillllcn coplss sell Before She writes & lino and mll'ions mdr Are gobbled when she's thrdugli: Go to! Who says tills U an age When men negtct th- pfintra rage. When ffTt Is gon to setd? Wliy. any school rirl -of today Can beat Oeo re E lot right away Provided that the srlnter who Exploits her Sndws a thing or two 'TL3 glorious, indeed! DAILY-MEXbOROLOGICAXi REPORT. PORTTr'llfD. Dec 15. S P. M. Maimurs temperature. 54; minimum temperature, 44; river reaamtr at 11 A. iL. 5,3 feet; rhabga in the past 24. hours. QbO, total precipitation, 5 P. M. to 5 P. M . 0.27 inch: total precipitation sl5E6"S?5L 1, 10OO. 12:73 Inches; normal pre cipitation since Sept. 1.-1600. 15 22 Inches: defl- clency. 2.47 Inches'; total sunshine Dec; 14, 0.10, possible sunshine Dec. 14. S 37. Pacific Const Weather. STATlbNS. Astoria ...'.. Baker City . 0 St SW Raining V VII O S XUMIUU& utsmarcK 7J2lO0Ot SE Clear Boise .:..-t...r;.... 5010 001 8 SW Cloudy Helena. 4ROU4I6 -VV Clear Kamtoops. B. G SOIOOUlOO Curt Pt. cloudy PocnteUo ... 44 0.C4 10 S Pt. cloudy Portland.. 54(0 21110 SE Cloudy Red BlufT 54'G.oOj 0 SE Cloudy Roseburg 5SIOOO22 S ICloudy Sacramento J330 Crtt R SE Pt. cloudy San Francisco 5010 00! SE .Cloudy Spokane Seattle Yv'alla Walla . 44to:uo s maining 4SIO 54 8 SE .Ralnlnc 520 10 IK S 'Raining bight. WEATHER CONDITIONS. The atormy weather still continues off. the Washington and Oregon coasts. The following maximum wind velocities occurred durlne the last 24 hours: Portland. SO miles, south, and Astoria, 32 miles, southwest. The line is down at Neoh Bay, and. no report was recelv ed from there but undoubtedly the gale Is very severe near Cape Flattery. Southwest storm warnings are continued at Astoria and Neah Bay. Gen eral rains have fallen in Oregon, Washington. Idaho and Northern California. Mild temper atures prevail In the Rocky Mountain and Pa cific Coast States. The Indications -are for con tinued mild temperatures, with rain, In this district Sunday. WEATHER FORECASTS. Fdrecasts made at Portland for the 2S hours ending at midnight Sunday. December 10: Pdrlland and vicinity Rain, with brisk to high squally southerly winds. Oregon Rain; cooler in southwest portion; brisk to high squally southwest winds. Washington Rain; brisk to high winds, mostly southerly. Idaho Rain; variable winds. CLASSIFIED AD. RATES "Rooms," "Rooms and Board." "Housekeep ing Rooms." "Situations Wanted." 15 words or leas', 15 cents; 1G to 20 words, 20 cents; 21 to 25 words. 25 cents, tic No discount for additional Insertions. USDER ALL OTHER HEADS except "1nw Today," $0 cents for 15 words or leps; 10 to CO words, 40 cents; 21 to 25 words, CO cents, etc. first Insertion. Each additional insertion, ono half; no further discount under one month. "NEW TODAT" (gauge measure agate), 15. cents jer line, first Insertion; 10 cents per line for each additional insertion. ANSWERS TO ADVERTISEMENTS, ad dressed care The Oregonian and left at this of fice, should always be Inclosed In sealed envel opes. No Stamp Is required on such tetters. Tha Oreeonlan will not be responsible for er- "rors In advertisements taken through the tele phone .. AMUSEMENTS. FREDERICKSBURG SEVENTH AND ALDER STS. ALL NEW PEOPLE. ALL NEW PEOPLE. ALL NEW PEOPLE. EPPS AND EPP3. TRUSTT AND TRUSTT, Colored Quartet THE THREE VALARES. Acrobats, Gymnasts. BERLIN SISTERS. "Swell" Singers. ADMISSION FREE. ADMISSION FREE. MEETING NOTICES. TTA-WTTTORITR LODGE. NO. 111. A. F. & A. M W. M. earnestly re quests our members to meet witn Washington Lodge. No 46, A. F. & A. M. at Masonic Hall. Burkhard building, today (Sundav at 2 P. M , to par ticipate in conducting tno iunerai services ot Bro. Frederick L. Keenan. F. GLAFKE. JR., Sea WASHINGTON LODGE, NO; 40, A. F. & A. M Special communica tion will be held at Masonic Hall, Burkhard building, today (Sunday), at 2 o'clock: P-. M.. for the purpose. of corductlns the funeral of our deceased brother. Fred. L. Keenan. All Master Masons are fraternally Invited to Join with us. By order of the W. M. J. A. NEWELL. Sec HALL OF INDUSTRY LODGE. NO. 8, A. O U W. Members, please take notice that at tomorrow (Monday) evening's meeting there will be a class of about 25 Initiates to Instruct In both degrees. Initiation will be in the ex emplified form, with full paraphernalia. Includ ing screen work and lecture. Every member is requested to be present and assist In making this an evening of pleasure? profit .and benefit to the lodre and order. Members of sister lodges are especially Invited to meet with us. L. A WHITCOMB. Master Workman. Attest: JOHN W. PADDOCK. Recorder. THE MEMBERS OF OREGON LODGE. NO. 63 I. O Bt B , are instructed to meet in the vestibule of the Temple Beth Israel, at 6 30 P M , Sunday, December 16, to attend the. Chanukah services In a body. Benj. L Cohen, recording secretary. GRAND BALL GIVEN BT JUANETA CIR cle. No 275. Saturday, December 22, Arti sans Hall. DIED. HERMANSON At the Washington Hotel, In this city, Dec 15, 1900. Arne Hermanson, aged 20 years. Notice or funeral hereafter. HATSETH In this city. Dec 15, 1900, John L. Hayseth. aged 54 years. Funeral from tho late residence. 63 North Ninth st , Monday, 1 P. M. Friends Invited to attend. KEENAN In this city, Dec 13, 1900. Freder ick L. Keenan, aged 34 years. Funeral will take place today at 3 P. M. from St. David's Episcopal Church, near cor. East Morrison and East 12th sts Friends invited. Inter ment at Lone Fir cemetery. WALLING At the family residence In this city. 381 Front St., Dec 15, 1900. Mary J. Walling, aged 63 years. Acme Reqekah Lodge, No. 32, I. O. O. F., will conduct tha funeral services, at Flnley, Kimball & Co 'a chapel, Monday, Dec 17. at 3 P. M. All Rebekahs, Odd Fellows and friends invited. Interment at Rosehlll cemetery, UL FUNERAL NOTICE. WOODMEN OF THE WORLD All members of Multnomah Camp, .No 77, W. O. W., aro requested to assemble at our hall at 2 30 sharp today, to attend the funeral of our late "Neighbor Fred. L. Keenan All mem bers of the order arc. requested to Join wltb, us. ARTHUR M COX. Consul. J. M. WOODWORTH, Clerk. EDWARD HOLMAN, Undertafeer,4tU and Ynmb.111 sts. Rena Stlnon. lady assistant. Both phones No. 507- Flriley.Klniball JL Co.. Undertakers. Lady assistant. 273 Third st. Tel. O. F. S. Dnnftlngr, Undertaker, 414 East Alder. Lady assistant. Both phoiie. NEW TODAY. Bookkeepers, attention! Send your acounts for prompt collection to the Oregon Collection Agency, 713 Chamb Com. Phone Hood 832. FOR SALE-CO SHARES OF STOCK. IN DAL. las City Bank, par -value. $3000 Write Oscar Hayter. Attomey-at-Law. Dallas. Or. THIS YEAR FREE GIFTS' CLOSING OUT btildw cost, entire stock general mdse. 234 Russell street. 3 Lots One block from car line, at Mount Ta bor Villa; one cor ner and two Inside. C. H. KORELL, 235 Stark st. $125 takes them. W.G.BtCK Has property for sale in all parts ot the city. Also farm3 and s u b u r ban property. -J il "Vfl J- Money to loan at spe OZl lYiOFNSOn cjal rates, according to security offe-ed Large loans a specialty. lr Insurance. lowest rates. Another Snap 60x150 on Sell wood st.. Albl na, with five room cottage. $1375. easy terms. C. H. KORELL, 235 Stark st $50,00 FOR T H REE - STORY ahd bdement brick build in;, 50x120 feet; on Pacifio avenue Tacoma. close to Uth street, the busings center. The building is equipped with steam-heating plant, and is modern in every respect, The building alone I ndrth h nrlr of Ifi nfnniSrtV. Calvin I Philips. 211 California building. Tacoma. & 8 i