THE SUNDAY OREGOXIAX. rOP.TJ.AXD, AUGUST 22, 1909.
COOS BAY GUESTS
ENJOY CLAM BAKE
Delegates to Oregon-Idaho
Congress Go on Excursion
to North' Bend. .
HOFER POPULAR OFFICER
Flection Is Deferred Vntil Salem
Editor Decides Whether or Not
He Can Accept Presidency
Again Hermann Speaks. ;
MARSHFIELD. Or.. Aug! 21. (Spe
cial.) Going on record as approving
everything- that -will belp the- .move
for a district-built railroad from Boise
to Coos Bar. and the improvement ot
the Cooa Bay harbor for an ocean out
. Jot for Idaho and Central Oregon, the
annual meeting of the Oregon-Idaho
development Consiess closed tonight.
The meeting has been a success in
very fray. The attendance was (rood,
'both from the outside and on the part
of neighboring towns, and It may safely
e said that a better spirit as a result
Swill prevail between Coos Bay and
1 rortland and other Oregon cities.
The delegates were kept busy all day
with the business sessions and enter
tainment. This morning they were
i taken to the C. A. Smith mill in Marsh
' field, and visited the large plant as
guests of the management. During the
forenoon a business session was held,
but the chief work, that -of election of
officers, was postponed, as Colonel E.
Hofer. of Salem, whom- the- delegates
insisted must be elected, was not ready
to decide whether or-not he could act
cept again. -
Xorth Bend Gives Clam-Bake.
At noon a fleet of small gasoline
boats was ready at the Marshfleld
wharf, and the visitors were taken to
North Bend, where a big clam-bake was
; prepared In rhe- Simpson Park. The
; banquet was characteristic of tlie local.
' ltv. Coos Bay salmon and clams mak
ing up the. menu. After several courses
served, at tables, the guests were in
vited, to help themselves to clams,
which were baked in a big pit.
' The afternoon session of the congress
was held in .the pavilion at the park.
Colonel Hofer presided, and many short
epepf-hes were made. . Colonel C. E. S.
Wood was the chief speaker. - arguing
In approval of a district-built railway.
Haw ley Promises Aid.
TV. p. Evans, of North Bend, made a
brief address, welcoming the people to
the city. Congressman Hawley spoke
a few minutes .and referred to the re
port that the Government dredge was
to.be-taken away, from Coos Bay. He
that he was doing all In his
power to keep it here, ami ..was co-operating
with the local people. C S. Jack
son, of Portland, spoke for a few min
utes, and J. W. Bennett, of Marshfleld.
made a few remarks, telling how the
people of Coos Bay had shown a spirit
to do things to help themselves and
therefore deserved help.
George Cornwall, of the Timberman,
of Portland, spoke briefly on the sub
ject of conserving the forests and urged
that everything b done to help such
preservation.
Binger Hermann, of Roseburg, gave
some stories of early days, and - H.
Ackerman, State Superintendent of
Public Instruction, talked on good roads
end schools, holding that these two
things made a good community. There
were - also short speeches by Messrs.
Wood, of Idaho, Hurlburt, of Echo, and
others. ' '
At the closing session tonight C. S.
Jackson, of Portland, was the first
speaker. He told of the great resources
of the different localities In Oregon and
said he had seen the need of the road
which would reach Tillamook and now
saw the need of a railway to Coos Bay.
which he thought would soon come.
Attorney-General Crawford, formerly
a resident of this county, spoke as an
old friend of the audience and discussed
the railroad situation.
Hermann ijtiiyen Ovation.
J. W. Bennett,' of Marshield. spoke
and introduced Binger Hermann, who
was received with, the most enthusiastic
; applause on the Tartof local people of
' any of the speakers.
Colonel E. Hofer haa not yet made
; known whether he will accept the office
of president of the congress, but will
;ri.-e his decision Monday, when the
Marslifield Chamber of Commerce will
meet.
On the same occasion a report will be
made on what has been done In the
'way of surveying for a road from this
'city to Koseburg.
SAYS- rrRPOSE IS -self-help
Congress Resolves- In. Favor of State
Ha.ll roads and Harbors.
MARSHFIELD. Or, Aug. 21. (Spe-
cial.) The following resolutions were
passed tonight by the Oregon-Idaho
! Ievelopment Congress:
At the conclusion oi mis, il mot
I fiscal year of labor, the congress wishes
to Invite the. attention of the delegates
and the public to the fact that It is es
sentially a movement- toward self-help
bv which the people may be aroused to
( the fact that their resources are -their
own and their strength Is In themselves,
and they need not and ought not to
wait helplessly until relief comes from
the outside. In furtherance of this prin
ciple the congress lent its aid to and
believes It secured the passage of two
acts of the Oregon Legislature which
mark a new era in the connection of
the people with their own progress and
development.
Local Harbor Improvement.
" 'One of these Is the Port Commission
act. by which any community is au
thorized by proper procedure. Including
submission to a popular vote, to create
a taxing, district for raising funds to
deepen and improve harbors and water
ways within the district. Under this
act four such districts have already
been formed, viz: The Port of Coos
Bay. the Port of Coquille. the Port of
Sluslaw and the Port of Tillamook.
The beneficial Impulse given to local
self-help is apparent.
Kuiltling of State Railroads.
"The second Is the passage of an act
to refer to tiie people the constitutional
amendment .to. permit .of state or dis
trict railway construction. The con
gress points out that no amendment Is
necessary as to the district plan, and
the State, of Idaho passed such an en
abling act unanimously and already a
.' railway district has been created, in
cluding the County of Ada, In which
! Boise Is situated, and the petition for
the creating of this district was signed
by the leading business men ofloise.
But the Oregon Legislature was not so
sure of popular approval and the sub
mission to the people by the Initiative
was only procured with the aid given
by the business men of Portland, who
went in a body before the Legislature
and insisted that the measure be sub
mitted to the poeple. To these men
much credit Is due.
"Resolved, That the thanks of this
congress are due to the Marshfleld and
North Bend commercial organizations
for their entertainment of delegates
and provision for holding this congress.
The hospitality of the people of Coos
Bay was again fully demonstrated.
Improve Coos Bay Harbor.
"Resolved, That the Importance of the
Coos Bay harbor and the territory nat
urallv seeking it as an outlet and its
possible value to the naval vessels of
bur Nation warrant the Improvement of
the harbor on the most permanent plan,
and that temporizing or nibbling proj
ects are bad In real economy and in
jurious to the true value of the harbor.
Wherefore it Is further
"Resolved. That It Is the decided
sense of this congress, after investiga
tion of the situation, that the General
Government ought at once to undertake
the improvement of the harbor on a
jetty plan, supplemented by dredging,
substantially as Indicated in project
No. 2 of Colonel S. W. Roessler, United
State Corps of Engineers, which may
be found in S. H. R., document No. 95S.
60th Congress, first session, in a letter
dated "Office of the Chief of Engineers."
Keep Dredge at Coos Bay.
"Whereas, It has been represented to
PROMINENT FIGURES IN"
this congress that It is Intended by the
War Department, In charge of river
and harbor Improvements, to remove
the dredge Oregon, now at work on the
channel at Coos. Bay harbor, to Grays
Harbor, Washington, and, whereas. It
Is further represented that the dredge
was In fact constructed for work on
the Oregon coast, and especially for
Coos Bay harbor, due to personal ef
forts of citizens on Coos Bay, and that
the dredge was brought to Coos Bay
and operated with money furnished by
private subscriptions of citizens of Coos
Bay, to wit, J6.500, and additional sums,
making a total of J21.000; and whereas,
the Port Commission of Coos Bay is
now offering a guaranteed fund of JoO,
000 to continue the much-needed work
of said dredge.
Allow No Monopoly of Passes.
"Resolved, that the good of the peo
ple has been In every age the highest
law, and It is against public policy and
true equity to permit those who would
not build when they could to use the
courts as a means of obstruction
. timvA vhn ftle to develop the
state by the Indispensable modern
highway, the railroad. Such abuse of
the powers of Justice Is an injury of
the people.
"Resolved, that It Is unwise to per
mit individuals to file surveys In or
otherwise secure control of the great
natural passes, merely to hold them
against a rival.' refusing either to de
velop the country or permit others to
do so. and that a law should be passed
declaring or condemning all such con
trolling points to the state, and that
the state should not permit any right
of way to be acquired therein, except
upon sufficient guarantees of building
In good faith, without delays and open
to use by all or any other roads, under
proper regulations.
Stands By District Plan.
"Resolved, that it Is the decided sense
of this congress that, while It wlU
welcome all bona fide private railway
building, and will aid and not obstruct,
yet It believes construction and owner
ship of rail highways by the district
plan Is the correct principle, and Is aa
feasible as the keeping open of water
ways by the district or commission
plan, and It Is further the sense of this
congress that the people ought to
adopt the proffered amendments to the
constitution which will come before
the people in 1910.
"It is unanimously resolved by this
congress that under all the circum
stances It would be most Inequitable
and unjust to Interrupt the Important
work the dredge Is now doing in Coos
Bay and which the citizens of this
community are paying for. and the
dredge ought. In good public policy and
common honesty, to remain at its pres
ent work, until completed."
BETTER ROADS ARE NEEDED
Means of Rapid Transit Will Keep
Connty Folk Contented.
K-fi-VW. Idaho. Aug. (Special.)
A, F. Hltt. ofWelser. Idaho, traveling
field statistician bf th .Department or
Agriculture for Oregon, Idaho and Wash
nonn anpnt a coudIb of days in this
vicinity and left yesterday for Portland.
Part Of Mr. Hltrs duties are io,ma&o
reports on the conditions of rural life In
the Pacific Northwest. Mr. Hltt said:
"In my Judgment, the Northwest needs
more and better roads, better rural mall
and telephone services and modern means
of frequent Intercourse to relieve the mo
notony of country life. ,
"It Is not but what the average person
can make a living easier in the country
than they can in the cities or towns, but
he becomes restless and the younger and
ambitious are inclined to congregate In
the cities."
Alleged Law Violator Freed.
(!BiVT5 Pisa Or.. Au sr. 21. (Special
One of the nios" strenuously contested
-. that has taken place under the
local option liquor law was tried out in
the Justice Court here this week. In
which B. F. Rosencrans was charged
with selling intoxicating liquor in viola
tion of the prohibition law, on July 7.
Th inr-v wont nut about 6 o'clock P. M
and did not return with the verdict
until 11 o'clock last night, when the de
fendant was acquitted.
Railroad to Barkley Sound.
VICTORIA. B. C. Aug. IL Construe
tlon of railroad from Victoria to
Barkley Sound, on the west coast of
VnncniiTPT Island. Is to be begun soon
English capitalists having provided
$5,000,000 to build the road.
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(V ',' ' " , , Milt ' " ' 1 , J Vi
-(.;,. ----- - -f yitAj
FIGHT OVER WILL
TO BE TO F
Mabel Warner Willing to Use
Up Entire Young Estate
Before She Will Yield.
MAY FACE PRISON TERM
Forgery Again Laid at - Door of
Woman Who Is ' Carrying on
Legal Battle to Get Possession
of Property of Stepfather.
PENDLETON. Or.. A.ug. 21 (Special.)
Did James W. Young, pioneer res
ident, millowner, merchant and man
WARNER WILL CONTEST
of affairs in the little town of Weston,
leave a will disposing of his 160,000 estate,
the hoarding of a life-time or did he,
with premeditation for the purpose of
causing untold confusion and giving his
heirs something to quarrel and law over
for years to come, die Intestate?
This Is the question being asked by
scores of residents of Umatilla County
who have been familiar with the circum
stances of Young's life and who have
followed the details of the most Interest
lng and. spectacular fight for the poses
sion of an estate, ever waged in the
courts of Umatilla County, If not In the
whole Northwest.
The history of the case reads not un
like a chapter from some noveL More
than three years have already been con
sumed and there Is no indication that
three years more will see the close of
the 'legal battle.
The central figure in the struggle
which has been in progress since August
2S, 1906, the day on which Young died,
has been Mrs. Mabel Young Warner.
This woman occupied the unique position
of being both, niece and step-daughter to
the man for possession of whose estate
she declares she will fight until Bha wins
or dies in the attempt.
Altogether four different documents
have appeared, each purporting to be
the last will and testament of the late
James W. Young. None of these came
out in the way documents of this Kind
usually do, while three of them made
their debuts under decidedly mysterious
and suspicious circumstances. Two are
now admitted by all concerned to be for
geries, a third has been charged with be
lng a forgery, sinoe Its very .first ap
pearance, while the remaining one has
finally been alleged to be a forgery af
ter having been universally admitted to
be genuine for more than three years.
During the time the case has been in
the courts, there have been suits ana
counter suits, ' charges and counter
charges, and Mrs. Mabel Warner has
twice been compelled to stRnd trial on
the charge of forgery. With the gates
of the penitentiary all but swinging open
for her, the Juries each time failed to
agree, and she was saved. Once the 11
men stood nine to three for conviction,
and It was the general belief that she
would be found guilty.
And now with Judge Gllllland signing
findings of fact in the latest round of the
contest In which he not only Jioius tnat
the "fourth" mysterious will, which Mrs.
Warner Is seeking to have probated and
whioh would give her all the property, is
a forgery, but that It was forged by Mrs.
Warner, through and by the ' alleged
connivance of S. V. Knox and Mrs. Delia
Stacey, It seems certain that she will
again bo called upon to face trial on a
charge or charges, conviction for which
will land her In the penitentiary for a
long term of years.
Those who believe that Young delib
erately permitted himself to die Intestate
for the purpose of giving his heirs some
thing to fight over, quote the testimony
of ono of the witnesses in one of the
trials. This witness swore on the stand
that Young had said to him, a short time
before his death. "I am leaving my prop
erty lor my relatives to light over, and
they will have a hell of . a time."
From present appearances the J50.
000 given as the maximum value of
tho estate, will not begin to pay the costs
of the fight by the time It 1s finished.
The position which. Mrs. Warner has
held In the life of J. W. Young and In
the battle which she Is waging single
handed against the combined forces of
the other heirs Is decWodly unique. Ac
cording to the story told by her some
years after she and her mother had been
deserted by her father, they came from
their home In Michigan to Weston, at the
instance of J. W. Young, her father's
brother, to make their home with him. It
was not long after their arrival In Oregon
that Mabel's mother became the wife of
j. w. Young and Mabel became nis step
daughter as well as niece.
Their reign of married bliss was short,
however, and frequent quarrels were soon
the rule Instead of the exception. Mabel
says the trouble was due to Young's
The Fight Is On
Every moment of your life when
you are at home or abroad,
awake or asleep -
Between the poison germs that are in air,
food and water, everywhere in fact,
and the billions of your invisible friends,
the little soldier-corpuscles in your blood.
If these little soldiers are kept strong
and healthy by taking Hood's Sarsa
parilla, you need have no fear of dis
ease. Begin using it at once if you are
at all under the weather, or have
troubles of the blood, stomach, liver
and kidneys. Get it of your druggist.
Jealousy of her mother, the wife being
several years younger than the husband,
and he having accused her of seeking the
company of younger men. But though
her mother and her step-father-uncle
soon fell out for good, she says she re
mained on the best of terms with him
and remained In his home as his child
even after her mother had been banished
from It for good. Mabel says he treated
her exactly as though she were his own
child and frequently alluded to her as his
boy, bis pet name for her being "Tom."
When Young died, Mrs. Warner was
In Spokane and did not know of hii
death until she read the notice of his
funeral in the Spokane papers. As soon
as she was able she came to Weston to
take up the search for the will, which she
said she knew her uncle had left and
which wouM give her all his property.
During the progress of this search she
asked permission of B. B. Hall, admin
istrator of the estate, to look through
the box containing the Young papers and
kept in the Farmers Bank of Weston, of
which Hall was fhe cashier. It was while
Hall was showing her these papers that
she suddenly "discovered" the "second"
will to the estate. Hall has always main
tained that Mrs. Warner slipped the en
velope, containing the document. Into the
box, while his back was turned, his at
tention having been distracted for the in
stant by some other member ot the
party. Mrs. Warner was accompanied by
her brother and by her husband.
After it was found that this document
was undoubtedly a forgery, a "third"
alleged will made its mysterious appear
ance. This came through the mail to Mrs.
Warner's attorney, Charles H. Carter,
of -this city. Carter evidently believed
from the first that the document was a
forgery, for Instead of offering It for
probate he held It In his possession until
compelled by the district attorney to pro
duce the document.
Meanwhile Mrs. Warner had instituted
a civil suit to compel the performance of
an alleged contract which Young had
made with Mrs. Warner's mother. This
was alleged to be to the effect that if
Mrs. Young would not sue him for ali
mony ai'd would leave Mabel with him
he would make the girl his heir, leaving
her all his property at his death.
The dismissal of the forgery Indict
ment against her and the decision in
the civil suit both occurred last Fall at
the same time. This was followed by a
brief ImII In the struggle, no more wills
appearing until December 16 of last
year, when Mrs. Warner received the
mysterious package from Walla Walla.
This contained an old pocket notebook
which had been carried by Young dur
ing .his lifetime. In the notebook was
the alleged "fourth" will. This was
written with an Indelible pencil on the
piece of a page torn from an old ledger.
Iike the "second" and "third" wills, it
purported to give the bulk of the Young
estate to Mrs. Warner.
Aside from this document there was
also a memorandum of contract, pur
porting to be a copy of the contract
which Mrs. Warner sought to prove had
been' made between her and Young
when they parted. Some time later
Mrs. Warner also received, mysterious
ly, through the mail, an old letter, pur
porting to have been written by J. W.
Young to Mrs. Clara Young, wife of
Fred Young, brother of Mrs. Warner.
In this letter there was a stinging re
buke for Clara Young in particular, and
a general denunciation of all his heirs,
with the single exception of Mabel, who
It was Intimated was to inherit the old
man's estate.
In due course of time Mrs. Warner
offered the alleged will for probate and
Introduced the memorandum of contract
and the famous letter of denunciation
as proof of Young's intention to leave
her his property and to substantiate the
probability of the genuineness of the
document. This will was immediately
contested, and County Judge Gllllland
has Just decided that the document is
not entitled to be admitted to prooate.
BOY CRUSHED UNDER HORSE
Peculiar Accident Injures Merrill
Smith, of Albany.
ALBANY. Or., Aug. 21. (Special.)
Merrill Smith, son of Sheriff D. 8. Smith
and a member of last year's graduating
class of the Albany High School, was
severely Injured while working with a
clover hulling crew, six miles south of
this city, last evening. He was driving
the water wagon of the hulling outfit and
had backed to the edge of Oak Creek to
pump water into the tank. While he was
pumping the horses started to back, and
young Smith ran to the front of the
wagon 'to stop them, but before he could
do so the rear of the wagon dropped over
the bank, throwing him under the feet
of the horses and one of them fell di
rectly on him, as all fell to a ledge five
feet below the ton of the bank.
The horses and wagon went on down
Into the creek, ten feet below the ledge,
and the horses finally swam to the bank.
The wagon was left In about 16 feet of
water. Smith could not move for some
OF DRESSERS
Special on Rugs
We placed this line on sale last week, and the demand wa?
so large that we have decided to continue the sale for one
more week. Body Brussels Rugs, 9x12, regular price $33.00,
this week, only 22.50
SEE WINDOW DISPLAY,
The Home of
Good Furniture
Care of
Properties
The person who ac
quires much of an es
tate usually haa a
large part of it in
real property or
some other form of
investment requiring
constant care. He
cannot retire from
business and enjoy
such retirement with
out being relieved
from the worry of his
property interests.
This Company is
equipped for such
service, and at most
moderate cost-
Consul tation on
any phase of our
service is solicited.
MERCHANTS
SAVINGS & TRUST
COMPANY
247 Washington Street.
time, but finally reached the crew and
was brought to his home In this city to
day. BIDGEF1ELD NOW TOWN
incorporation carried by
bio majority;.
Fireworks, Nolsw and Watermelon
Feast Follow Anynonnoement
of Voters' Preference.
VANCOUVER, Wash., Aug. 21. (Spe
cial.) Rldgefleld is the name of the
newest Incorporated town in Clark
County. At a special election held In
the Commercial hall in that place Fri
day, the election carried by an over
whelming majority, 62 voting; for
Incorporation and only 15 voted
against the progressive step. It was
an exciting day at Rldgefleld. as a few
got out and talked against Incorpora
tion, and those in favor of it did not
know the strength of the opposing side.
Every voter in the town was out and
It is said that not one voter missed
voting on the first election. There was
but one ticket, it being nominated at a
mass meeting of the cilzens a short time
ago. After the polls were closed, the
votes were counted, and It was found
that but 15 opposition votes had been
cast, everybody joined in one grand
celebration. The bells In the churches
and In the schoolhouse were rung,
whistles were tooted, shots fired. Jubi
lant citizens gave vent to their joy by
shouting, and then all went to the
stores, bought all the fireworks left
over from the Fourth of July celebra
tion and set them off. When the fire
works had been set off and the bells
ceased ringing, the jolly and Jubilant
crowd of progressive citizens bought
all of the watermelons in town and ate
them. James A. Smith, who was elected
Mayor, was perhaps the happiest man
of the crowd. The other members of
the Council and officers elected are:
Councilman from First Ward, F. H. Gil
bert; Second Ward, R. S. Stryker; Third
Ward. Smith Maxon; Fourth Ward, A.
Murray; Fifth Ward, N. C. Hall; treas
urer, E. A. Blackmore.
The County Commissioners will hold
a session Monday and canvass the votes
of the election, and in due time the
Town Council of Rldgefleld will hold
Its first meeting. It Is said that about
In all finishes and grades. This week we will reduce
the price on this excellent line from -
SEE WINDOW DISPLAY
Henry Jenning & Sons
R.M.GRAY
ANNOUNCES
FALL DISPLAY
Women s
High-Class
Strictly Tailored
iiiits and
Exclusive Styles
R
.M.GR
Morrison
the first thing they wlU do In the way
of Improvements will be to order In side
walks and have the business streets
graded. .
FOUR CONVICTS AT LARGE
Trusties Slake Escape From Peniten
tiary at Salem.
SALEM. Or, Aug. 21. (Special.)
Tony Williams, Fred Renenghen, Frank
Weyer and Clarke Davis, the four con
victs who made their escape from the
State Penitentiary yesterday afternoon,
have not been apprehended. It is be
lieved they have gone south.
The men .were trusties and were em
ployed outside the walls. One of the
men had but a month longer to serve.
The convicts were serving from one to
two years each for larceny and forgery.
Lumber Company to Build.
HOQUIAM. Wash, Aug. 21. (Spe
cial.) The Northwestern Lumber Com
pany has perfected plans for a $20,000
office building of concrete, which will
face on I street. This building Is ne-
Special Inducements
Our Fall goods are arriving daily, and we want more room. To
make quick sales and secure this result we have reduced tbe price
on every line in the house. To be fully impressed with the excep
tional bargains that we are offering, a visit to our store will con
vince you.
Goats
at Fourth
oessltated by the acquisition of the
present office site by the Union Paciflo
Railroad.
THE TEXAS WONDER
Cures all Kidney, Bladder and Rhen
matio troubles; sold by all druggists, or
two months treatment by mail, for $1.
Dr. E. W. Hall, 292S Olive Street, St.
Louis, Mo. Send for testimonials.
With Mrs. NETTIE HARRISON'S
4-DAY HAIR COLOR. It is the only
entirely successful and satisfactory prepa
ration for the purpose. Simple - Harm'
less - Certain. Sold for 20 years, and
its friends are legion. It never fails.
Price $1.00. At all druggists and at
THK SKIDMARK DRUG CO,
1S1 Third St., Portland.
25 to 50
Corner Second
and Morrison
5w3TO!?ffl
MM HAIR
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