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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Aug. 6, 1905)
STJ5AYOREGONIAN. PORTLAND, AUGUST 6, 1905. ITER RUNS SHORT Suit Instituted at Pendleton Under New Irrigation Law. STATE IS MADE A PARTY Plaintiffs Are Farmers and Fruit- raisers on Oregon Border VTho Use the Flow of the Little TTalla Walla River. WALLA WALLA, Wash., Aug:. B. fSneeial.) The flrst suit under the new Irrigation law of the State of Oregon was today filed in the Circuit Court of Umatilla Counts', and In the matter of Interests and people involved Is prob nhiv thft lareest suit ever filed In a court in the state. The case Is brought for the purpose of settling the disputed water rights along the Little Walla Walla River, and the plaintiffs are farmers and frultralsers living near the "Washington state line, who use water for Irrigation purposes out of the Little Walla Walla. The defend ants number 400 individuals, six irri gation companies, the town of Milton and the State of Oregon. The necessity of bringing the suit has grown out of the fact that the country has settled up in a wonderful degree, and the demand for water has greatly Increased In the last few years. The Peacock Mill Company, of Milton, last Summer filed a suit against the town of Milton and about 200 other defendants, but since then and during the present Irrigating season many disputes have arisen between the set tlers below the mill and above the lands of the plaintiffs in this suit, which is the direct cause of this pro ceeding being' Instituted. It was de cided that it was better to settle the rights of all, and thereby prevent end less litigation In the future. The object in making the state a party to the suit Is for the purpose of settling the rights of every user of water along the stream, and also to procure the services of the State Engi neer for the purpose of making hydro graphic maps and gathering the neces sary data for the proper determination of the conflicting Interests. He will measure all of the stream, the amount of water flowing in the channel and the capacity of all the ditches which take water from the stream. He must report on the character of the lands, amount of water required for different kinds of lands, and furnish a plat of the entire stream system. Including an outline of all the various ownerships of lands using water therefrom. It is expected that this will enable the court more accurately to adjust the rights of all the parties and forever settle the water question of that sec tion. Under the new law passed at the last session of the Legislature, which provides for the appointment of a State Engineer, the latter is required to make hydrographlc surveys of all the streams In the state, beginning with those most In" use for irrigation pur poses, and file plats and data in his of fice for future reference. The state is given control of all the surplus waters In the state, and the law provides that when the state Is made a party to a water suit the court shall call in the i State Engineer, who shall at once pro ceed to make a hydrographlc survey and gather all the available data'Ho V used in the consideration 'and trial -ijf the suit, and such information shali be kept on file in the office of the EnylMeer lor future use. ; The law further provides that apon the adjudication of the rieht to the use of the water of a streax. cystem, a certified copy of the decreo hall be prepared by the clerk of the court without charge, and filed in the office of the State Engineer. Such decree shall in every case declare as to the water right adjudged to each pftrty. whether riparian or by appropriation, the' extent, the priority, amount, purpose, place of use, ana as to water used for irrlga uon, tne specific tracts of land to which it shall be appurtenant, together witn such other conditions as may be necessary to define the right and its priority." different manner and to a greater extent than the property of residents of the state of Oregon, and taxes one class of stock and not another. Reser prays for a restraining order preventing Stock In spector Goff from collecting the tax. WANTS HIS WIFE ARRESTED Xorth Yakima Man Writes -a Letter to Seattle Detectives. SEATTLE, Wash.. Aug. 5. (Special. John H. Bruff. a lawj'er at North Ya kima, has written a letter to Detectives Byrnes and Phillips offering $25 reward If they will arrest and convict his wife. Florence Bruff. It is not likely that any action can be taken in the caso. Mrs. Bruff 1b the young woman who suddenly left Seattle the same day that Lester Richardson, the many-times- over burglar was arrested for a series of hotel burglaries. Mrs. Bruff had In her possession a fine diamond ring stolen by Richardson and given to her. Fearing that she would be Involved in the trouble she left Seattle and went to her home In North Yakima. The police have no charge against the young woman although they made an effort to arrest her to force her to return the ring that was stolen. When Bruff, the lawj'er, heard that his wife was back In town he wrote to the Seat tie police offering the reward for her arrest and conviction. Bruff cays Jn his letter that he was married to the girl a year ago and Hvd with her but one day. Since that time he intimates that her conduct has been exceedingly bad. He docs not say why he Is anxious to have her arrested but plainly indicates that it is revenge for an alleged wrong done by her to him. v Richardson is still In the City JalL He has not been formally charged for the police are still busily engaged In recovering goods stolen by him In more than 30 crimes he has confessed. GIRLS SET FIRE AT SCHOOL IXMATES OF CIIEHALIS REFOR3IA- TORY WILL BE PUNISHED. LONG FIGHT AGAINST SALOONS Head of Washington League Plans Out His Campaign. SEATTLE. Wash.. Aucr. 5 rsneeial.t Ernest H. Cherington. the new super-J mtendent of the Anti-Saloon League of Washington, will immediately Inaugu rate a. campaign to eniorce the Sunday closing laws against the saloons, com pel them to close up during restricted hours anl to obey other provisions of the code that have been dead letters since their enactment. This is the an nounced policy of the successor to J. C. Thomas, who has Just come to Seattle to make this his headquarters. "It may take ten years to carry out our plan, but we will win in time." de clares Mr. Cherington. "So long as the saloon is recognized we remember Its legal right to exist and will fight to have present laws enforced. But we are going to carry our fight into the Legis lature and ask for new legislation. "We will apply for the Ohio system of local option. This permits, In the first place, townships to vote upon the li censing of saloons. Then municipalities are granted local option and another right of voting-to exclude saloons ex tends to the residence districts. Under the township act three-fourths of the Ohio townships were cleared of sa loons; between 900 and 1000 saloons were driven out of 21S towns and 55ex purgated from residence districts." SUTT AGAINST TRAMP SHEEP Walla Walla County Owners Bring Action at La Grande. WALLA WALLA, Wash., Aug. 5. Rep resenting about 25 owners of sheep In Walla Walla County, William P. Reser today commenced suit at La Grande, Or., to test the migratory sheep law passed by the last Legislature of Oregon. Under the law sheep taken into Oregon during ' the Summer and Fall for grazing are sub ject to a tax, and 20 cents per head la now being demanded by the Sheep In spector. As the owners of the sheep are compelled to pay a tax on their sheep in the state of Washington, they claim that the tax sought to be collected In Union Couny is double taxation. About two months ago a similar suit was Instituted In the Circuit Court at Pendleton to re strain the Stock Inspector from collecting the 20-cent tax. W. P. Reser was tho complainant "jn that suit also. At the present time Walla Walla sheepmen are pasturing about 50,000 head on the range In Union County. The grounds for the action, according to the complaint prepared In Walla Walla, is that the law is unconstitutional because the tax is not uniform, and is not a tax upon valuation, but on numbers; that It is unlawful interference with Interstate commerce, and therefore a violation of the Constitution of the United States; that it taxes the property of nonresidents in a Investigation of Blare In Dormitory Faults tke Guilt on Two Culprits; OLTMPIA, Wash., Aug. 5. (SpeclaU Investigations Into the cause of the recent fire In the Chehalls Reform School have fastened a charge of In cendiarism upon two girls, inmates of the Institution. The fire started in the attic of the girls dormitory, which is a part of the administration building. The culprits are under the age at which minors may be sent to the penitentiary. Inmates of the Reform School are not sent to tho Institution for a definite period, and as any legal proceedings would not aid the cause of Justice, the punishment was left to the authorities of the Institution. Corporal punish ment and solitary confinement, it is said, were meted out to the girls. UNEARTH COUNTERFEIT MOLDS Shlnglers at Mc3HnnviHe Find Them in an Old Residence. M'MINNVILLE, Or.. Aug. 5. (Special.) While the residence of John Newell was being reshlngled yesterday a complete outfit for making spurious coin, evidently left by a former occupant of the house. Via discovered. The house has been built for CO years. and In the remembrance of the oldest set tlers here It has not been reshlngled for 40 years. Since then it has been occupied by a photographer and a jeweler before It became a residence. The jeweler, dur ing his stay here, bore the suspicions of the entire community, and now .the late find fastens greater suspicion . upon him. His whereabouts now are not known. The outfit, which consists of three 5 molds, dated 1837, 1SI6 and ISoi; one 110 mold, dated 1S47, one $2.50 mold dated 1651, are now In the hands of the Sheriff. The molds were in a shot sack, which bears the letters. "H. G. B., McMlnn." In the pioneer days H. G. Burns owned a store here, and evidently the bag was procured from him. From all appearances, the' molds have not been used much, and no ono remem bers ever seeing any counterfeit gold coin in circulation in this community. GIFT TO PACIFIC UNIVERSITY Henry Falling's Daughters Carry Oul Their Father's Wishes. PACIFIC UNIVERSITY. Forest Grove, Aug. 5. President W. N. Ferrin today announced that the institution has just received a gift of $10,000 from Mrs. Lieu tenant Cabell, Miss Henrietta Failing and Miss Mary F. Failing, the daughter of the late Henry Falling. The money will be added to the general endowment fund of the university. Henry Falling, for over 20 years, waa treasurer of Pacific University, and a member of the board of trustees. Large ly through his careful management, the Institution managed to preserve Its funds intact through the hard times a few years ago. Mr. Falling did not receive a cent for his arduous efforts on behalf of Pa cific University, and often gave liberally for Its support In making their present gift to Pacific, the daughters of Mr. Fall ing state that they are simply carrying out his wish, expressed before his death. Portland Firm Given Contract. ASTORIA, Or., Aug. 5. (Spoclal.) Cap tain Goodale, constructing quartermaster, United States Army, received authority today from the Quartermaster-General at Washington to award a contract to the Northwest Electrical Engineering Company, of Portland, for wiring and in stalling electric fixtures in two buildings and erecting and equipping aerial linos for an electric light plant at Fort Stevens. Bids on this work were opened on July 20 and the one submitted by the Northwest Electrical Engineering Company in the sum of $5725 waa the lowest. BARGAINS Boys5 Norfolk and Two-Piece Suits $2.95 values now..... $1.65 $3.45 values now $2.15 $3.95 values now $2.85 $5.00 values now $3.65 $6.50 values now $4.85 $8.50 values now... $6.35 Boys5 Sailor Straw Hats lz Price" $1.00 values 50c $1.50 values 75c $2.00 values $1.00 $3.00 values $1.50 Boys' Washable Suits v " $2.00 values reduced to ..$1.35 $1.25 values reduced to 83c $1.00 values reduced to . 63c Children's Russian Suits $6 to $7.50 values now $3.95 $3.95 values now $2.35 Boys' Knee Pants Broken Sizes 50c values now 25c Great Special in Men's Shirts Coat and plain styles attached and detached cuffs all sizes, exclusive pat terns. $1.50values$1.15 Men Outing Suits To close balance of stock we have made Deep Cuts MEN'S $20.00 OUTING SUITS $9.85 MEN'S $15.00 OUTING SUITS $7.95 Choice of Any Men's Straw Hat, 50c BEN SELLING LEADING CLOTHIER MONEY FOR Pi Miser Alleged to Have Left Estate in Trust. MILLIONAIRE IS EXECUTOR Forger Was Out on Bonds. ASTORIA, Or., Aug. 5. Spec!al.) A letter was received today by Chief or Po lice Hallock from- Acting Chief Grltys macher, of Portland, stating: that John Braemcr, the forger, who Is being; held here on the charge of passing a number of bogus chocks, ls known in that city as George Sullivan. On July 24 he was In dicted by the Multnomah grand Jury on a charge of aawiult with Intent to kill and had been released on $500 bonds. Arrested for Stealing Salmon. ASTORIA, Or., Aug. 5. (Special,) Adolf Seaborg, a fisherman, and J. -Edwards, his boatpuller, who were arrested last evening on the charge of stealing about 800 pounds of salmon from the Lln denberger cold-storage plant, were ar raigned In Justice Goodman's court today and committed to the County Jail In default of $500 honrfg each, to appear for a preliminary hearing on Monday. The Denver & Klo Gl-andn Jiils fns. lished through Pullman .Kandard sleeping car service between Portland and Denver, leaving Portland at S:I5 P. M. soendln seven hours In Salt Like City second day and arriving In Denver afternoon of fol lowing day- For reservations call at Ul Third streat. Pclcr Uartman, of Santa Cmz, Cal., Alleges F. A. Hlhn' Is Not Gar- v rylng Out the Wishes of Ills Eccentric Uncle. SANTA CRUZ, Cal., Aug. 5.-Peter Paul Hartman, late Socialist candidate for the Assembly from this county, and grand nephew of the late George Kohl, an ec centric miser, Is contesting the distribu tion of his uncle's estate. Hartman alleges the estate was left In trust only to F. A. Hlhn. a land-owner and millionaire of this county, "with tho understanding that after all Kohl's debts and funeral expenses were paid, the bal ance should go to the Schulehelss and the Burgomaster of the village of Rechten bach, Bavaria, in trust for the poor of the village where Kohl was born. Hartman claims Hlhn has not fulfilled the terms, which It Is admitted was left out of tho will at Hihn's suggestion, on account of legal technicalities, Hlhn promising faith fully to execute the old miser's wishes. Kohl sent for Hlhn while on a sick bed and had him wrlto(his will, being of the opinion that no ono but a multi-millionaire could be trusted to execute the will of a aoor man. The will was written In July, 1S0L and Kohl died the following March. Previous to the probating of the will, Hartman declares Hlhn admitted that he was only a trustee, and alleges he has taken no steps to wind up the estate or to send the money to the Burgomaster of Rechtenbach. The petition asks that Hlhn be declared a trustee under the will for the poor of Rechtenbach, and that Hart man be declared the only hclr-at-law and that two-thirds of the estate be set apart to himself and a third to the Rechtenbach poor. The estate consists of valuable real es tate In this city and about $3000 cash In the bank. Hartman worked for his uncle for some years, during which time he says the old man. in a. fit of anger, shot at him with a rifle, several shots taking effect In his foot, the result of which has been to cause him to bo afflicted with lameness ever since. the location and general character of the tract tp be burned. In one case the strength and direction of the wind might make the starting of a Are unsafe while In another under the same conditions, the fire could be started without endan gering any property Interests. Under a strict interpretation of the present law It Is contended by some that a farmer cannot burn a single stump In a cultivated Held without having flrst procured the necessary permit- Other wise he must be liable to the penalties which are severe, ranging in fines from 5100 to $1000 or Imprisonment In the Coun ty Jail from one month to two years. Considerable slashing In this county is being burned at the present timo under tho provisions of these permits which are being issued daily by tho County Clerk. GAB LE TO SEWARD FIRE HAW VERY CUMBERSOME Objection Made to Lapse of Time After Permit Is Given. OREGON CITY. Or., Aug. 5.-(SpeciaI.) While more than a score of permits to burn slashing have been granted In this county, there exists much dissatisfaction here with the now law relating to forest fires for the reason that the provisions of the measure are considered cumber some. The main objection to the law as It now stands Is that provision requir ing the making of application on which the permit is Issued, ten days before the fire is to be started, the Are not to be set In case there Is a strong wind blow ing at the time. It Is considered a physical Impossibility for the settler to predict the probable state of the weather that distance in advance. The success with which slash ing can be burned depends largely on KILLED BY HIS OWX RIFLE Idaho Man Is Shot While In Talk WJth a Stranger. BOISE. Idaho, Aug. 5. (Special. Harry Fisher, of Garden Valley, lost his life accidentally on tho road between Peace Valley and Dead wood. He was going up Deadwood carrying a rifle. Meeting an other traveler he engaged him in conver sation. The two sat dbwn on the road side and Fisher laid the rifle down. In some manner the weapon was discharged the ball striking the unfortunate man In the lower portion of the abdomen and coming out behind the shoulder. Tho stranger wished to start at once for help but Fisher told him it would be useless, as he was dying and asked him to remain. The man did remain, but when It was apparent Fisher might linger for some timo he started off to get some bedding. When he returned Fisher was dead. QUIET DAY JIT PENDLETON CITT ORDINANCE CLOSES EVERY PLACE OF BUSINESS. XAwrrmcn Aleae, It Is Bell ere d. Will Openly Defy the City's Nctt Larr. PENDLETON. Or., Aug. 5. (Special.) Tomorrow will bo tho quietest day In tho history of Pondletop, as the Sunday-closing' ordinanco, passed this week by the City Council, will go into effect. Every place of business will bo closed with tho exception of tho bakeries, which will be permitted to sell bread only. The undertakers have voluntarily decided to close their shops, and tho druggists, who under the law can sell medicine on prescription only, hava also mutually agreed to closo their stores all day. The Ice company has sent out notices to the effect that no Icq will be sold or delivered. Liverymen are the only persons who. It Is believed, will, openly defy the new ordinance, and declare, that they will keep open for business today, whether there aro funerals or not. Arrival of the Signal Corps Is Celebrated. - MESSAGES ARE SENT OUT Less Cable Is Used Than Was Ex pected In Extension From Val dez to Point Farther v Toward Orient. SEATTLE, Aug. 5. Seward. Alaska, has finally been connected with the outer world with telegraphic communication. The signal corps cable between that place and JTaldoz, Alaska, was connected up this morning. The usual congratulatory messages were sent over It during the afternoon, and last evening the event was celebrated In Seward. The first regular message to be sent over the new cable was received in this city about 2 o'clock this afternoon by F. P. Turner, who has charge of the local station, and read as follows: "Seward, Alaska, Aug. 5. Signal Corp3. Washington. D. C: This morning com pleted cable connections from Seward with world's lines of Information, an ex tension towards the Orient of this all-American-Alaska system nearly 200 miles. "GLASSFORD." Tho cable between Seward and Valder Is not as long as It was first thought It would be. It was thought that It would take about 225 miles of wire to reach from one station to the other, but the cable ship only played out over her stern apparatus about 200 miles, a saving of 25 miles. With the completion of the Seward Valdez cable the Government now has about 2300 miles of cable In Alaskan waters; There are hundreds of miles In overland wires, aside from the wireless system perfected by Captain Leonard D. Wlldman between Nome and St. Michaels. Messages for Seward over tho new cable have to be relayed twice. Going north from Seattle, the flrst break Is at Sitka, where there Is a relay to Valder. At that point the message 13 repeated to the operator at Seward. The same relays are necessary In sending cablegrams south from Seward to Seattle. One Dollar Bared Represents Ten Dollars E&racd. The average man does not save to ex ced 10 per cent of his earnings. He must spend nin dollars in living expenses for every dollar saved. That being the case ho cannot be too careful about unneces sary expenses. Very often a few cents properly Invested, liko buying seeds for his garden, will save several dollars out lay later on. It is the same In buying Chamberlain's Colic, Cholera and Diar rhoea Remedy. It costs but a few cents, and a bottle of It In the house often saves a doctors bill of several dollars. For sale by all druggists. TAX OP BIG CORPORATIONS Oregon City Board of Trade In structs an Investigation. OREGON CITY, Or., August 5. (Spe cial.) In It3 efforte to Insure an equitable assessment of tho properties of the sev eral large corporations operating In Clackamas County, the Oregon City Board of Trade Is Insistent. At a meeting last night the matter of Investigating and reporting on this subject, which had been referred to a committee consisting of live members, was recalled from that com mittee and under instructions from the organization. President Huntley today named a committee composed of J. U. Campbell, O. W. Eastham and W. S. TJ'Ren to Investigate tho county's assess ment roll and ascertain the actual assess ments that have been made against the different corporations. The new committee Is directed to re port Its findings. If possible, to an 'ad journed meeting that Is to be held next EViday night. Immediate action U de- f . manded by the Board of Trade since the assessment roll will be dellvored to the Board of Equalization on the last Mon day of this month. The Board of Trade Is indisposed to at tack the work of Assessor Nelson, which Is considered generally thorough, but Is proceeding with the Investigation to de termine if there exists any grounds for the Impression that the larger corpora tions are not bearing their proportionate share of the burden of taxation. County Boards to Be Advised. OLYMPIA, Wash., Aug. 5. (Special.) Each member of the Board of State Tax Commissioners was today assigned a list of counties which he will visit during tho ' sittings of the County Board3 of Equalization. The county boards .will-bo advised on matters about which thoy are In doubt, and the Tax Commissioners will supervise the fixings of valuations to the extent of the powers conferred upon them. , Chairman T. D. Rockwell will visit Eastern Washington counties. J. H. Frost tho northwest counties;, and J. H. Easter day the southwest. Hotel in Hands of Constable. OREGON CITY. Or., Aug. 5.-(SpecIal.) Constable H. W. Trembath today took charge of the Wllhelm Tell House, of this city, on an attachment proceeding brought by D. M. Klemson, an Oregon City groceryman who holds an unsatis fied claim against the management of the hostelry. Mr. Klemson 'has an unpaid bill for groceries aggregating $249.58. A. Thlverge, proprietor of the hotel, departed from the city several days ago and has not been heard from. The build ing in which the hotel business 13 con ducted Is the structure In which the first Legislature of the state was convened. STINKBU9S OVERRUN TOWN MAPLE FALLS, WASH., CITIZENS OVERCOME BV ODOR. iHjiect Less Tfaaa Half an Inch Long: Swarm Over Houses and Defy Ef forts at Eradication. BELLINGHAM, Wash., Aug. 5. (Spe cial.) Maple Falls, a town of 400 In habitants, near Belllngham, Is overrun with countless thousands of strange bugs, whose origin is unknown. For weeks the town has almost reeked with an unaccountable odor, and not until this week was tho cause discovered, when a citizen removed a lot of old clothes. The Insects are less than half an Inch long, but they fere now found ev erywhere. They throng the houses, from cellar to garret, and Infest beds, cupboards, stores and offices. The vil lage has beon aroused and a strong ef fort will be made to eradicate the vermin. Some people have been driven from their sleeping apartments by the stench. The people are searching far and wide for a remedy to relieve them of the plague, and unless they are suc cessful soon it Is said the censim nf the town will dwindle, and the busl- ' ProgPecta ness, which Is considerable, will suf fer materially. LAYS DOWNTHE LAW Sheriff Orders AH Gambling to Cease in Walla Walla. ORDER IN EFFECT AT ONCE Police Chief Gives 21 -Hour Limit, but County Officer Insists, and Sporting Men Pick Up and Lenve Toivn. WALLA WALLA. Wash., Aug 5 (Special.) Gambling was effectively closed in this city Inst night upon order of Sheriff Painter. During- tho evening the Sheriff passed through the business district of the city, in which gambling; was being carried on. and made It plainly known that he had taken a hand In suppressing games reported to be running. The Sheriff is firm In his statements and says that he proposes to see that the games are not again opened while he is In office. It is said that the Chief of Police passed tho word down the fine that gambling should oeaso wltnln 24 hour's, but Sheriff Painter made his order to take effect immediately. The matter has beon at fever heat for the past week since the Mayor an nounced his position in his annual mes sage to the Council, and last night the full effect of the Intent of the message was realized. Tho gamblers immediately began to pack their belongings and will go In search of new fields of operations. Gamblers Leaving Wnlla Walla. WALLA WALLA. Wash.. Aug-. 5. Fol lowing .the announcement taat the city officials would defer action In closing gambling until other members of Coun cil returned to the city. Sheriff Painter, assisted by Chief of Police Brown, at the earnest demand of a large number of citizens, ordered every game closed last night about 10 o'clock. Owners of games Immediately ceased play and began pack ing up their paraphernalia. This morning quite a number of gamblers have left the city. ' Ore Huns S50 a Ton. EUGENE, Or., Aug. 5. (Special) Ac cording to miners who have Just come j down from Blue River, a very rich strike ! has Just been made in the Great North ern mine which surpasses all previous finds In this promising property. The strike was made during tho past week and consists of a fine vein of very rich! ore which has been uncovered in the lower tunnel, about 700 feet In. Estimates are that the ore .will assay $30 per ton and the stockholders are elated over the 8 FECIAL EXCURSION RATES. Very Low Nhnty-Iay Tickets Eart Offered by O. B. & N. August 2f, 25, September IS, 17, the O. R. & N. sells 90-day special excursion tickets to Eastern points; stopovers grant ed going and returning. Particulars of C. W. Stinger, city ticket agent O. R. & -N; Co.. Third and Washington, streets, Portland. CKICHZSTXRMK rR -i.Ctr ,tta swam ftuM. mM Jucsraam Ssk4Hwti ui ltte. tin. SX f Tr Drtffiit. ar 1 -4c r- m. mw railu i'JL.