The Corvallis gazette., September 12, 1895, Image 1

VOL. XXXII.
CORVALLIS, BENTON COUNTY. OREGON. THURSDAY, SEPTEMBER 12, 1895.
NO. 26.
TRANSPORTATION.
East anrJSouth
The Shasta Route
OF THE
Southern Pacific R'y Co.
EXPRESS TfAIN3 RUN DAILY.
18 30 P m lento 1'oitlauJ Arrive I 8 10 a h
2 TO P M I .cave Albany Arrive. 4:51 An
ions a i Arrive S. Kmnri.co L-ave 6:00 r ii
A iiv rra'ti H-op at Et 1'ortHnd, Oreeon
City, Wodbnrn 1 m, T-irner, Mur.oii, Jeffe--hmi.
lb-ny. l miiy Jtmvt otitTauK n ,ti:iei-1s,
Hm-er, II riixbitftr. Juuulioii :ity, Irving, Eu
treiw, Cre-well, I) ainc, and all fetation from
itjsebur to As ilaml, I.k liliive.
KOSIiB'KU JIAIL-DAll.Y.
8:3 A M Ihv rorlland Air ve 4:40 m
U.i$F eve Alb.iw Arrive I ll.PM
6:2) P M Airive Itos b ii l.ev ' 6:00 M
Pullman B (Tot leeters and ecnnd- lata
sle. plug ar- mmche l Mil throngh trains.
S A I.EM lAS-ENOEIt DAILY.
4:00 p M L mvb
6.1a P m j A-r ve
P -r-laiid
S ile ii
A rrive , 1 '15 a m
Leave l 8:m
WI4T gfltK M1VISIOX.
Between
l'ortland ami Corral Is. Mail train
dnily ( -xcei't Smids ).
7-:0 A M L-ave
12:1 1 r 3t , Ar.-.ve
P..r land
CurvatliH
Anive 6:20 p M
Ia ave 1:36m
At Albany and Coi-mlll. connect with trains
of t,he Or. g n Central i Katern Ry.
KXI'KESa TKAINS 1AILY (Except Fundaj).
4 Ab ri i I ."live P-tanl Arrive ' 8 M
7 .2 P (Arrive M-Mlnnv.lle leare 5:t.O a m
Thr. nirli tl.-krts 'o all po nt ill Ibe Kasiern
ttatw, ran -lit a d Rnrone can e oola ned at
lotvol rale from A. K. Miller, agent, Corvailis.
- R. KOEIII.EK, Mtiiager.
E. P. ROGEK8, A. G. V. & V. A., Portland, Or.
lio
E. McXEIL, Receiver.
TO THE
EAST
GIVES THE CHOICE OF
TWO TRANSCONTINENTAL
E OTJT jB S
VIA
VIA
GREAT
NORTHERN RY.
SPOKANE
MINNEAPOLIS
UNION
PACIFIC RY.
DENVER
OMAHA
AND
KANSAS CITI
AND
ST. PAUL
LOW RATES TO ALL
EASTERN CITIES
OCEAN STEAMERS
LEAVE PORTLAND EVERY 5 DAYS
. FOR
SAN FRANCISCO
For full details call on or address
W. H. HURLBURT,
Gen'l Pass. Agent,
Portland, Ob.
OREGON CENTRAL
AND EASTERN R.R.CO.
Yaquina Bay Route
Connecting; at Yaquina Bay with the
San Frane'isco & Yaquina Bay
STEAMSHIP COMPANY.
Steamship "Farallon "
A 1 and flrst-cla In every resnect. Sails from
Yaqnin f ir San Francis !- at out every -l(ht
dm. Pnssenirer arc mnnHhti' ns unsiirpseL
Shnrt-wt mute between ttie Willamette valley
and Oal.fornia.
Fare From Albany or Points West to
San Francisco:
rabin...... 12 Steerage
Cabin Uo in I trip. it-m I for 60 days
For sailing dj a aiply to
f 8
18
W. A.
ClIWHINflS. A cent.
Corvalli., Oregon.
EDWIN TON", Manager, CorvIll, Oregon.
CII A. CLARK, Sup't, Corvalli., Oregon.
THE NEW
setj-.fAT
ard 0. R. S
LyJoLI Uo
To po'rits in WASHlINtiTOa, lUAHU, mua xAa a, vaxlViab, jaianr
S0T: "Hw-?.8n .al to and from CHICAGO. ST. LOUTS. WASHING-
tci PHILADELPHIA. NEW YORK.
TTnit..J Sum r.narta and Knmne.
The ireat Northern Railway is a new transcontinental line. Runs buffet
lFbrary observation cars, palace 'sleeping and dining cars, family tourist sleepers
and first and second class coaches.
halliat track the Great
one of the chief annovanoes of transcontinental travel. ,
Round trip tickets with stop-over privileges and choice of return routes.
O. S. SMITH,
C. C. DONAVAN, Gen'l Aft, 122 Third Street, fortiana, uregon.
Cuticura Beauty
To preserve, purify, and beautify
The Skin, Scalp, and Hair,
And restore them to a condition
of health when
Diseased, nothing is so pure,
So agreeable, so speedily effective as
CUTICURA SOAP,
Assisted in the severer
Forms by gentle applications of
CUTICURA (ointment) , the
Great Skin Cure, and mild doses of
CUTICURA RESOLVENT
(the new blood purifier).
Sold everywhere. Prloe, Cuticuba, 60s.;
6oav. Vie.; Rssoltiht, $1. Poma Daus)
isnCma roup , Sole Prop., Boston. "All
about th.o rjldn," 01 pages, lllust., free.
DR. WILSON
Office ovr First National bank.
KrHidence, two binvks west of courthouse
Office hours, a io 10 A. .. 1 to r. u.
Sunday aud evenings by appointment.
DR. L. G. ALTMAN
H0M0E0PATHIST
Diseases of women aud children and general
pr.cnce.
Offic i over Allen & Woodward's drug store.
tfflee houig 8 to 12 A. M., aud 2 to 6 and 7 to 8
P.M.
At ro-iden'e, to-ner of 3rd and Harrison after
h .urs aud on auudays.
BOWEN LESTER
DENTIST
Office upstairs over First National Bank.
Strictly First-Class Work Guaranteed
Corvailis, Oregon
F. M. JOHNSON
ATTORNEY - AT - LAW
Corvallis, Oregon
Does a general practice In all the courts.
Alw agent for all the first-clats iusuranca com
panies. NOTARY PUBLIC.
JUSTICE PEACE.
E. E. WILSON
ATTORNEY - AT - LAW
Office In Zeiroff building, opposite postoffice.
H. 0. WILKINS
Stenograplier and Notary Public
Court reporting and referee sittings mde
spec:a lies, as well aa tyre-writing and other
reporting.
OHIce opposite postoffice, Corvailis, Or.
E. HOLGATE.
H. L. HOLGATE,
Notary Public.
Justice of the Peace.
HOLGATE & SON
ATTORNEYS-AT-LAW
Corvailis
Oregon
J. R. Betsos W. E. Yates J. Feid Yates
Bry son, Yates & Yates
LAWYERS
CORVALLIS
OREGON
WAY EAST
N. Cfl.'S IMS-It Short Real
BOSTON, and ALL POINTS in the
- . , .
Northern Railway is free from dust,
Occidental Hotel, Corvallia, Oregon, or
WORK ON THE NAVY
Shipbuliding Has Been
ging for Years.
Lag-
IT MUST NOW BE EXPEDITED
Secretary Herbert lias Given Orders
That Work on all Vessels Must
Be f tubed Forward.
Washington, Sept 10. "Yes,"
said Secretary Herbert today, "it is
true that I have given orders that
work on vessels under construction for
the navy shall be expedited. The or
der not only embraces the work on
navy yard ships bat also the work on
vessels being built under contract. All
have been urged to increased diligence.
' "The ships building in the navy
yards have been lagging for years.
For a long time delay was for want of
armor, but armor is now being fur
nished promptly. The - Texas and
Maine, the former of which has just
been put in commission, and the latter,
which will be in a few days, really
ought to have been in service months
ago. Officials at the navy yards nat
urally desire to keep a regular force:
steadily employed, and the disposition
is to take workmen from the ships
which are building and do repair work
with them, putting them back when
the repair work is completed. Not
only have the Texas and Maine been
delayed by this practice, but also the
monitors, the Torror, the Monadnock
and the Puritan. All the ships ought
to be now in commission, and I have
ordered that they be pushed to com
pletion. Precisely the same reasons
which have operated to delay the build
ing of ships at navy yards naturally
influence contractors. They are some
times tempted to neglect government
work and use part of the force on the
government ships to do outside work
as it comes in. "
The secretary deprecates the practice
which congress has fallen into of re
lieving shipbuilders of penalties in
curred. He said:
'The contractors all provide penal
ties for failure to complete work on
them. Penalties for delay have fre
quenty been imposed -upon contractors
by the navy department, but unfortu
nately, congress has in almost every
instance, when it was asked, relieved
them of these penalties. The effect of
such action is necessarily demoralizing.
It is to be hoped that these penalties
will be allowed to stand.
"There is nothing about shipbuild
ing that now renders it difficult in the
United States. No good reasons can
be given why such ships, authorized by
congress, should not be completed with
reasonable dispatch, and I am simply
insisting on prompt compliance with
contract obligations. We have already
shown that we can build ships and
guns equal toany in the world, and I
hope our shipbuilders, who are now
looking for contracts abroad, will
demonstrate to the world that ships
oan be built not only as well, but as
rapidly in the Unitei States as any
where in the world."
The seoretary also said that he was
pushing along the manufacture of ord
nance and all other works in progress
under his direction. '
In his annual report upon the public
building and grounds in Washington,
Colonel Wilson says that he has thor
oughly overhauled and repaired the
White House. It was found that the
flooring in front of the state dining
room, where the crowds gather during
receptions, had become weakened and
sank. The beams were found to b
giving way, and these were renewed
and strengthened. -
Tae pension appeal of John Oodfrey
has been rejected by ' Secretary Rey-
nolda Godfrey served in Company F,
Third Kansas volunteers, which was
called into service by the governor of
the state. The secretary says no other
person than the president has author
ity to call the state militia into the
service of the United. States.
If we would feed more clover hay to
swine in winter we should find that
our swine feeding was more economi
cal.
G. R. FARRA, M. D.
Office in Fairs & Allen's brick, on the corner
of SfConii and Ad tins.
K'Hideuee on Third street in front of court-
h use.
Offl e hours 8 to 9 a. m.. and 1 to 2 and 7 to 8
p. M. AU ca.la atleiiue j promp.ly.
Josifh H. Wilson.
ThomjS E. Wilson
WILSON & WILSON
ATTORNEYS -AT-LAW
Office over First Nutim al Bank, Corvailis, Or
Wih prsi-tiee In 11 the state and federal cjuris
Abstracting, coilect.ous. Notury puLlic Cou-
veyanclug.
BENTON COUNTY
ABSTRACT : COMPANY
Complete Set of Abstracts
of Benton County.
Conveyancingand Perfecting
Titles a Specialty.
Money to Loan on Improved City and
uountry Property.
J. R. MARKLEY & CO., Proprietors
Main Street Corvallia.
FOSTER ON CHINA.
The Ex-Secretary Speaks of the Biota
and the Condition of the Chinese. .
Watertown, N. Y., Sept. 10. The
Hon. J. W. Foster, ex-secretary of
state and recent counsel for the Chi
nese government, in an address on for
eign missions here tonight, spoke as
follows' on the recent riots in China:
"The opinion formed by me, after a
careful ' inquiry - and observation, is
that the masses of the population in
China, particularly the common peo
ple, are especially hostile to the mis
sionaries and their work. Occasion
ally riots have occurred, bnt they are
almost invariably traced to the literal
or prospective office-holders and the
ruling classes. These are often bigoted
and conceited to the highest degree,
and regard the teachings of the mis
sionaries as tending to overthrow the
existing order of government and so
ciety, which they look upon as a per
fect system and sanotified by great an
tiquity. "The war with Japan, which result
ed in humiliation in the, peace and the
loss of territory, has greatly weakened
the imperial authority, ' and the dis
bandment of several hundred thousand
troops, mostly without receiving the
pay due them, has added, to the pre
vailing discontent - and disorder.
Under such circumstances it is not
strange that riots should occur..
"But we in Amerioi should be chary
of our condemnation, when we .recall
the many outrages which have been in
flicted on Chinese subjects in the
United States, and remember the Rock
Springs, Wyo., riot, a few years' ago,
was equally cruel and fatal in its re
sult and reflected more severely upon
our authorities. : -
"I am, however, in' full sympathy
with the prevailing demand in the
United States that China should be
held to a strict account for these out
rages, but in doing this cure should be
exercised by our government that it
does not lend itself to advance the sin
ister projects of European governments
that are on the alert to! turn the inter
national trouble of China to their own
benefit The United States is strong
enough to act independently of Euro
pean combinations, and China has
never failed to comply with its 'just
demands. -
"There seems to be in a part of the
public press of our country a miscon
ception if the ground upon which -our
government bases its intervention on
account of these riots. It is not be
cause we are a Christian country, ; and
are seeking to support a Christian
propagandism in China. It is simply
because the people, in whose behalf our
government intervenes, are American
citizens pursuing an avocation guaran
teed by treaty and permitted by Chi
nese laws." " -
NEWS FROM ALASKA.
The Output of the Chllcat Canneries
About Thirty thousand Cases.
Seattle, Sept 10. Advices from
Alaska say the steamer Afognak ar
rived at Juneau recently from the Chil
cat "canneries, bringing down fifty
fishermen, who were recently dis
charged. The season's run is prac
tically over, although some Indians are
still bringing in a few fish. The out
put for the summer will be a trifle over
33,000 cases. Consideralbe dissatisfac
tion exists among the discharged ' em
ployes, who claim the management not
only worked them like flogs in all
kinds of weather, bnt that they also
disregarded a contract from San Fran
cisco. "
Chris Henne, a young man recently
from Stanford university, has returned
from the Yukon country via- St
Michael and Unalaska. Mr. Henne is
a hunter of considerable note. Out
side of a moose, some mountain sheep
and a bear that he bagged, he saw no
game. In speaking of the mining in
terests in .the Yukon, be said the : out
look was rather discouraging, though a
few miners were making money. ;
The Alaska Commercial Company
has on a new boat on the Yukon, the
Alice, which is of 600 tons.
The largest nugget taken from Birch
creek this season was found by Vic
Peterson and is valued at $50.
On the first trip down the river of
the P. B. Weare, James Buck, the first
mate, was killed by the parting of a
line.
A Woman Who Bides a Breakbeam
San Bernardino, CaL, Sept 10. A
woman passed tnrougn tnis city wis
morning who had crossed the desert
on a Draiceoeam. ner name is un
known, and the place from which she
started is also a secret She was dis
covered two days ago, near Daggett,
bv the crew - of a freight train, on
which she was stealing a ride on a
brakebeam. She was dressed as a boy.
but as soon as the trainmen brought
her from under the car they were pon
vinced she was a woman, which she
finally admitted. She refused to dis
close her identity, but said her husband
had been living in an Eastern city,
and had deserted her, taking with him
their little girL She heard he was id
Oregon and bad placed the girl in an
orohanaee. Being without means she
started our to beat her way. As soon
as the trainmen heard the woman's
story they sympathized with her and
she was taken to Los Angeles in a ca
boose. She is a woman about 35 years
old, has blue eyes and a fair complex
on, short hair, and is of courageous
bearing.
; The Trade of the Kootenai Country,
v Vancouver, B. C.Sept 10. Fifteen
members of the British Columbia
Board of Trade left today for a tour
through the Kootenai country, in or
der to secure the trade of that district.
which ia at present chiefly controlled!
by Spokane and Winnipeg merchant,
NORTH PACIFIC NEWS
Happenings of Interest in the
Progressive Northwest.
BRIEF REPORTS OF LATE EVENTS
A Budg;et of Items - Gathered Prom
All Parte of Oregon, Wash
ington and Idaho.
' Hood River, Or., has a council com
mittee at work devising a sewer and
drainage system for the town.
The Ilwaoo, Wash., cranberry ranch
will yield 2,000 barrels of berries this
year, and they will be worth, it is
said, f 12 a barrcL
Mr. Hume's Rogue river cannery has
closed down, after a successful season.
The run of fish was so large that the
cannery could not pack all the catch.'
Hood JRiver, Or, will have a fruit
exhibit October 4 and 5. There will
be all kinds of fruit on show, but the
far-famed Hood Biver apples will be
the chief thing.
The new millraoe which is being
built by W. S. Byers, proprietor of the
Pendleton roller mills, at a cost of
$4,000, will be completed within a
week or ten days. -
Sheriff Houser, of Umatilla county,
Or., turned over to County Treasurer
Kern Monday the sum of $10,608.15,
which he had collected for taxes be
tween August 16 and 31.
Vale, Or., the county seat of Mal
heur county, is having quite a build
ing boom. Two large fireproof build
ings are going up, and a hotel to take
the place of the one recently burned.
A petition signed by many citizens
and nearly all of the business men of
Waitsburg, has been presented to the
city council, asking that the laws re
garding Sunday closing be rigidly en
forced.
Superintendent Lawler, of the London
syndicate, received another check for
$10,000 Wednesday to continue work
on the Santiam mines, says the Albany
Democrat The mill is expeoted at Al
bany in a few days, and will be run
ning by November 15.
The election to vote upon the ques
tion of consolidating New Whatcom,
Wash., and Fairhaven will be held
September 2 1. Little interest is mani
fested in New Whatcom, as only
three-fourths of the qualified electors
have thus far registered. .
The Umatilla Indians are camped in
the valley near Enterprise, Or., await
ing the arrival of the Lapwais, when
they will indulge in horseracing.
seven up," etc It is very doubtful
if the Lapwais visit Wallowa this fall,
as they have business to look after at
home.
Professor Johnson, collector for the
foresty department of . the United
States, has found in Cow Creek canyon
new species of pine, the eleventh
found in Oregon. The wood of the
new tree is unusually tough, and sam
ples of the needles in Mr. Johnson's
possession are 15 inches long.
The warrants drawn during the
month of August to run
the city of
were: For
general de-
Walla Walla, Wash.,
street lighting, $559.50;
partment, $407.40; fire
department,
$873.96; health department, $78.45;
cemetery department, $56.25; street
department, $801.20; total, $3,354.53.
Because of trouble in King county,
Wash., between the coroner and com
missioners over the fees that shall be
allowed the former, the body of Baby
Hansen was left' in the undertaker's es
tablishment in Seattle for ten days,
awaiting burial. It has not been em
balmed, but was temporarily preserved
from decay.
The report of the Spokane Falls,
Wash., district land office for the
month of August shows the following
business transacted: Two cash sales,
170.43 acres; one pre emption, 100;
two script entries, 820; two timber
proofs, 320; sixteen homestead entries,
1,486.16; twenty-eight homestead
proofs, 3,989.67.
J. P. MoMinn, who lives on Walla
Walla river, has a fruit dryer in op
eration that has a capacity of 16,000
pounds for twenty-four hours. He uses
little wagons to handle the fruit on the
Diatforms and in the dryer. He is
now drying varieties of the. Italian,
silver and French prunes, and has 100
tons of his own, and has just bought
100 tons more.
C O. White is interesting farmers in
stocking Umatilla county. Or., with
Mongolian pheasants - In the vicinity
of Milton, the increase has been very
rapid. E. J. Sommerville put out two
of the pheasants a year ago and now
there are forty or fifty about his place.
There are at least 300, and perhaps 400
near Milton, all bred during the past
year or two. -
Peter Christopher, who lives six
miles north of Pendleton, lost about
sixty sacks of wheat one day last week.
The men came about 1 o'clock in the
morning, and loaded it in a wagon and
diove away and then returned foi
more. Someone saw them when they
came the second time, and frightened
them away. E. Bruce has been ar
rested, charged with larceny of the
wheat ' ' .
The postmaster at Orondo, Wash
has received instructions from the post
office department to the effect that
from Monday, September. 2, 1895, the
Orondo postoffioe will be the mail dis
tributing center on the route from
Orondo to Chelan, and also on the
route from Wenatohee to Orondo and
from Waterville to Orondo. All mail
for Chelan, Methow . and Okanongan
J valleys is ordered to be transferred at
the Orondo postoffice
to the
proper
j route for delivery,
AFTER FORTY, YEARS.
Ho a
Happy Accident Beunited
Husband and Wife.
Winamac, Ind., Sept 9. By the
accidental dropping of a diamond ring
at the station here yesterday, a hus
band and wife, who had been separ
ated forty years, were reunited, and
they left together for Boston. Charles
S. Mott, of Boston, stepped from the
train to leave a ; dispatch. - As he
walked towards his car a lady leaned
from the window of another car and
asked the doctor to hand her a diamond
ring which had just slipped from her
finger, and was lying at his feet Dr..
Mott pioked up the ring and the in
scription on the inside read:
"Charles Mott to Veral Burns."
She cried out: "Charles, my . hus
band."
Dr. Mott clasped the wife, who had
fled from him in anger forty years be
fore. --
In 1855 Dr. Charles Mott was a
well-known physician of Bo3ton. He
fell in love with Miss Veral Burns, of
South Canterbury, 'Conn., and they
were married: Mrs. Mott was jealous.
One stormy night when her husband
had been detained very late by a lady
patient, the crazed wife determined to
stand it no longer, and started out in
the storm, leaving no trace of her
whereabouts. For years the doctor
searched for his wife. He was on his
way to New England to visit the scenes
of his childhood, when the happy ac
cident occurred which reunited him to
his long lost wife.
THE WORLD'S LARGEST CITY.
A Prediction That Chicago Will Soon
Have Eight Million People.
Springfield, Mass., Sept 7. Chica
go will be the world's largest city
will - have a population of nearly
8,000,000 within a very few years.
This is the Btartling announcement of
Elmer CorthelL a distinguished engi
neer and scientist Mr. Corthell made
his notable prediction in his paper on
Growth of Great Cities," read before
the Association for the Advancement
of Science, now in session here. The
following is his estimate of the popu
lation of the world's greatest cities in
1920:
London, 8,344,000; Chicago, 7,797,-
600; New York, 6,337,500; Paris,
6,808,600; Berlin, 3,422,221; Phila
delphia, 1,838,160; St Petersburg,
1,470,833.
It was noticeable that the burden of
Mr. Corthell's theorizing for the fu
ture status of the great municipalities
rested largely on causes which had
contributed to the phenomenal increase
in Chicago in a brief period, and
which had advanced it to a position
where it was fast closing in on the
cities of the Old World whose accumu
lations of inhabitants had been the
work of centuries.
Dismemberment of Turkey Possible.
Constantinople, Sept 6. It is of
ficially announced that Itustem Pasha,
the Turkish ambassador to England,
has telegraphed the foreign minister of
Turkey that he has had an interview
relative to the Armenian question with
Lord Salisbury, whom he assured that
the sublime porte was not opposed to
the reforms proposed by the powers
signatory to the treaty of Berlin, but
that Turkey could not permit the con
trol of Armenia by an international
commission.
Lord Salisbury replied that under
the circumstances it would be useless
to continue the interview. If, he said,
the porte persists in the refusal the
powers will undertake the suggested
reforms and rest satisfied. If, how
ever, the porte continues to resist,
Lord Salisbury added, it - will be the
signal for the dismemberment of Tur
key. The dispatch has caused the
greatest uneasiness here. .
Idaho's Governor on Train Bobbers.
Boise, Idaho, Sept 7. Governor
McConnell has received from the Chi
cago Times-Herald a . request for his
views as to the best way to prevent
train-robberies. He says: -
"I beg leave to suggest that congress
should enact laws making all railroads
responsible for the safe delivery of
passengers and their valuables, and
that an investigation should be insti
tuted by the general government as to
the causes which have brought abont
the present condition so that a remedy
may be applied."
He then advocates free coinage of
silver and protection as a means of
stopping robberies, and by enabling
men to make an honest living.
Canadians Remonstrate.
Ottawa, Sept 7. The Canadian
government is preparing a rase to sub'
mit to Washington, through the Brit
ish government pointing out the disss
trous effect the construction of the Chi'
cago canal will nave - on uanaaian
shipping. The minister of justice says
the law of nations governs the Cana
dian case in question. It is contended
that the water level of the great laker
is likely to be lowered. A government
engineer 'who is looking into the mat
rer said the government had reports
that as the harbors on the American
side of the lakes will be as injuriously
affected as the Canadian harbors, the
American points concerned will use
their influence to prevent the construc
tion of the canal.
Philadelphia Will Try Holmes.
Toronto, Sept 9. The local author
ities have been notified that H. H
Eolmes, the alleged murderer, will
anem bn nln fieri on trial at Philadelphia
for the murder of B. F. Peitzel, father
of the two little girls whom Holmes is
alleged to have murdered in a St Vin
cent street cottage in this city. ' In the
emtmt nf a failure to convict Holmes in
Philadelphia be will be handed over to
the Indiana authorities, and will onix
be brought to Canada after all attempts
to convict him in the United States oi
a oapltal offense have proved abortive.
BOWLER HAS DECIDED
Controller's Decision in the
. Sugar Bounty Case.
HE HOLDS HE HAS JURISDICTION
That Part of the Act of Congress IMCak- '
lng the Appropriation He De
clares Unconstitutional.
Washington, Sept 7. R. B. , Bow- I
ler, controller of the treasury, todays
rendered an opinion in the now cele-.j
brated Oxnard sugar-bounty claims, in : ,
which he holds, first, that he, as con- ,
troller, has jurisdiction of the case,
and, second, in his opinion, the act of ,
March, 1890, making the sugar bounty ',
appropriation, is unconstitutional. He,
however, decided that the papers in i
the case should be sent to the court ; of j
claims for the rendition of a judgment, '
in order that there may be furnished a
precedent for the future aotion of the ;
executive department in the adjust-.
ment of this class of cases involved in ;
these sugar bounties. ?
The claim decided today is on substan
tially the same footing as all other sugar-bounty
claims, for the satisfaction of
which congress at its last session appro
priated $5,329,000. The controller an- .
swers at length the argument present-
ed by counsel at the hearing in which
his jurisdiction was attacked, and in
the course of his reply he says statutes
which do not conform to the constitu
tion are not law, and, therefore, when '
a statute is in apparent conflict with
the constitution it becomes the duty of
the executive officer to determine for
himself as between the statute and the
constitution whether the statute is the ' '
law. It is true that the statute is to .
be considered prima facie constitu- ,
tional and should be followed unless it
is clearly unconstitutional. It is also -true
that an officer acts at his peril if
he does not execute a constitutional
statute, but it is none the less true
that he acts at his peril if he executes '
an unconstitutional statute.
As the controller does not act under
the directions of the secretary of the .
treasury, or the president, his decisions,
within the sphere of his jurisdiction,
are final and conclusive upon tbeexeou-
tive branch of the government, and it
follows that the power to resist the
execution of an unconstitutional statute
is denied to any executive officer what- '
ever.
It was claimed that no execntive ;
officer had the right to raise the point
of unconstitutionality of a statute, or
even of a case in court, nor to finally '
determine its validity by the only,
branch of the government conceded to -have
the power to settle such qnes
tions. This contention cannot be :
sound, as shown by the decision of the
supreme court of the United States and
other courts. Applied to the question
of the payment of money from the
treasury of the United Stitcs by an -
officer sworn to support the constitu
tion, he would be without power to"
protect the treasury against such un
lawful claims for the largest possible
amount
NEVADA COUNTERFEITERS.
A Bogus-Money Maker Turned . State's
Evidence, But to &o Avail.
Carson, Nev., Sept 6." Chris
Grass, charged with having molds for
making counterfeit money in his pos-
session, was cleared in the United
States district court The principal
witnesses against Glass were Detective
Harris and Frank Jennings, -who
turned state's evidence. Grass claimed
that an officer came to him in Reno
and told him he had three counterfeit
ers in his employ. Grass said he
would discharge them, but the officer '
asked him to keep them until he could
complete his chain of evidence. When
finally the officers came to arrest the
men, they had skipped to Oregon. '
Harris asked Grass to go to that state
with him to identify them, which he
did.. This made one of them, Jen
nings, angry, and he implicated Grass,
who was placed under arrest Jen
nings turned state's evidence and
pleaded guilty, but to no avail, - as all
three have been oleared. The marshal
and district attorney promise to inter
cede with the judge for Jennings and
get a light sentence. 1
Kansas Stockmen.
Topeka, Kan., Sept 6. A big fight
is on in Kansas between livestock men
and Governor Morrill. ' Today the
commission men of the Kansas City
stockyards telegraphed ' the governor
demanding the reorganization of the
board. They gave as a reason that two
men of the present board, constituting
a majority, publish broadcast every re
port of Texas fever in any community,
in order, to justify the collection of 2
cents a head for all shipments into and ;
through the state. The stockmen of
the state are also organized, and will
demand of the governor the removal of
the board. The stockmen of Kansas
buy cattle in New Mexico and Texas,
and they say the 2 cents for inspection
is a rake oS for the board. The stock
men of this state represent a third of
its wealth; more than a third of the
money on deposit in the banks of Kan
sas belongs to stook raisers.
Florida's Poor Orange Crop.
Jacksonville, Fla., Sept 6. Secre
tary Turner, of the Jacksonville fruit
exchange, estimates the crop of oranges i
in the state at not over 100,000 boxes,
against 6,000,000 the season of 1893-;
94. The greater portion of the crop
this year will come from the Manatee
river section on tne gun coast, wnpre
the freeze of last winter did compara
tively little damage. Cincinnati fruit
dealers have already bought the entire
took of the season.
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