THIi OKEUOir DAILY JOURNAL, PORTLAND, . YR1D AY. FEBKUAKY 21,
McFarland
Bill
Lake 6 'BirJd. Meserve Is Passed
ng
Converm
Malheur.
BARREN PATENTS
I FOUND INVALID;
COURT IS PROOF
Attorney General Brown Declares
State N eed Not Respect Aged
Rights of Paving Corporation;
DEATH KNELL IS' SOUNDED
Payme nt on Royalties Can not Be
Collected, Is Opinion Sent at
. Request of House Resolution,.
Salem, Fe. 21-Warren Brothers com
pany hM no patent on bithulithic pave
ment which the state highway depart
ment Is required to respect, according
to an opinion sent to the house of rep
resentatives Thursday afternoon by At
torney General Brown.
u The opinion was written in response to
.a resolution of 'the house and a request
sent by the roads and highways com
mittee of that body, in which the at
torney general was asked whether the
company possessed a patent which the
state's road makers were obliged to re
spect in letting contracts for the con
struction of paved highways.
The request was the outgrowth of the
action . taken by the house a couple of
days ago, when it passed a bill direct
ing the attorney general to determine
whether the Warren Brothers company
possessed a patent and directing the
highway committee, if it were to be
found that the patent claimed by the
company was invalid or of doubtful val
idity, to proceed to lay blthulithlc pave
ment without regard to the company, at
the same time providing that the attor
ney general should prosecute or defend
for suits that might arise with the com
pany, take them to the United States
supreme court if necessary, or pay the
costs of the litigation out of the state
highway fund.
. Death Knell Sounded
The opinion of the attorney general
would seem to sound the death knell of
the Warren Construction company In
this state, so far as its ability to com
pel the payment of royalties, or control
the use of blthulithlc mixture is con
cerned. That portion of the attorney general's
opinion which deals with the main ques
tion at Issues, is as follows :
"An examination of the patent shows
that it Is dated June 4, 1901. and ap
plication therefore was filed January 9,
1901."
The opinion quotes a section from the
United States patent law and contin
ues: "From the foregoing provision of the
United States patent law it is seen that
any patent continues only for the term
of , 17 years. This provision has re
ceived the consideration of the United
States supreme court in a number of
cases. Referring to the date of the pat
ent, it Is self, evident that more than 17
years have elapsed since its issuance,
and we cannot escape the conclusion that
It has expired.
t ; Quotes Sapreme Coert
"Referring to the second part of your
question. I quote from the opinion of the
United States supreme court in the case
of Singer Manufacturing company
against June Manufacturing company, as
follows :
" "It Is self-evident that on the exnira-
tion of a patent the monopoly created by
it ceases to exist, and the right to make
the thing formerly covered by the pat
ent become public property. It is upon
this condition that the patent is granted.
It follows, as a matter of course, that
-IF
Shams in ,
Clothes
SHOW IN THE WEAR
Good clothes have not
been so plentiful the past
two years.
The cost of clothing your
self has been a serious task."
The best way to overcome
this is to pick out your
clothier, and trust him. He
knows materials better than
you. Make use of his knowl
edge. FOR SPRING let us sug
gest "Kenneth Durward"
English overcoats; smart,
rain or shine.
We are exclusive agents
Corbett Building,
on the termination of the patent there
passes to the public the right to make
the machine in the form in which It was
cnstructed during the patent.'
"As said by the court in the language
quoted, the conclusion there expressed
is self evident and would hardly require
the Judgment of the highest Judicial
tribunal in the land to declare the same,
but since It has been called upon and
has done so, no other conclusion Is pos
sible. I, therefore, answer both por
tions of your question in the affirma
tive," COUNTY JUDGES TO
KEEP TP POWER
House Puts Skids Under Attempt
to Have Probate Work Given
to Circuit Court
Salem, Feb. 21. The house Thursday
afternoon by an overwhelming vote re
fused to strip the county' judges of the
state of their Jurisdiction over probate
work and other matters of law .as pro
vided in a bill fathered by Representa
tives Dennis and Hare. According to
this bill the county judge would have
been made simply a, member of the
board of county Judges to act in mat
ters of road work and other business
coming under the jurisdiction of the
commission. Delegates from the smaller
counties raised strenuous objections to
the provisions of the bill, which would
have transferred probate and other mat
ters of law to the circuit court.
Under suspension of the rules the
house rushed through a bill appropriat
ing $67,600 to cover salaries, per diem
and traveling expenses of the legislators.
clerks' and stenographers' hire and con
tingent expenses of the session. An ap
propriation of $25,000 for legislative ex
penses had been passed earlier in the
session. ,
Other bills passed by the house Thurs
day were : . '
H. B. 169. by joint horticultural com
mittee Appropriating $15,000 a year for
investigation or crop pests.
H, B. 224, by Hughes and Bean Pro
viding for fish hatcheries on Santiam
and upper Willamette and fish ladder on
Deschutes river and appropriating 115,
000. I T. B. 225, by Hare Appropriating
$40,813.18 for vocational training In Ore
gon, to be matched by a like amount by
the federal government, under the pro
visions of the Smith-Hughes act
H. B. 237, by Gallagher Appropriat
ing $1000 for Malheur County Fair asso
ciation. N
H. B. 260. by Woodson Amending
statutes relating to roads reaching lands
not already on public road.
H. B. 263, by Dennis Providing for
regulation of professional engineers.
H. B. 303. by Clatsop county delega
tion Appropriating $10,000 to recon
struct and maintain fish hatchery on
Klatskanine river.
H. B. 306. by Thrift Relating to hunt-
ine deer with dotrs in Coos and Curry
counties and providing penalty therefor.
H. B. 438. by Gallagher Appropritlng
$10,000 for eradication of predatory ani
mals and injurious rodents in coopera
tion wltn federal biological survey.
U. 8. S. Oregon Asked
For Use of Militia
Salem, Feb. 21. The senate passed a
memorial Thursday afternoon petition
ing the navy department to loan the
United States steamship Oregon to the
Oregon naval mint . for a training ship.
The memorial was introduced by Sena
tor Moses. 1
Miners Bar I. V. W.
Knoxville, Tenn.. Feb. 21. (I. N. S.)
The United Mine workers of America,
district 19, comprising Kentucky, Ten
nessee, Georgia and Alabama have pro
vided for immediate dismissal of any
miner who joins the I. W. W.
MEN'S WEAR,
Fifth and Morrison.
NEGRO EQUALITY
BILL RESURRECTED
AND THEN SLAIN
Woman Legislator, Who Admits
She's Southerner, Twits the
Republican Members of House.
LEWIS GOES INTO HIDING
Multnomah Solon Brought Back
by Joe Singer and Casts 'Nay'
Vote With 30 Other Members.
By A. L. Lladbeek
Salem, Feb. 21. After having narrow
ly missed sudden death by the uncere
monious indefinite postponement route
at the hands of members of the house
Thursday afternoon, the negro equality
bill was sufficiently resurrected, through
timely intervention on the part of Rep
resentative Smith of Multnomah county,
to provide an hour and a half of excite
ment, mixed with a considerable amount
of levity, before being finally killed by
a vote of 31 to 24, with four members
absent.
The bill, which would have extended
equal privileges in hotels, theatres and
other public places regardless of race,
was introduced February 3 by Repre
sentative Coffey by request of tb Afro
American league. It was then referred
to the Multnomah delegation, where it
rested for a week and was reported back
with the recommendation that it be re
ferred to the committee on health and
public morals. There it was allowed to
rest for another week before being re
ported back to the house without recom
mendations. In the meantime, however,
the original bill had been stolen from
the desk of Representative Kim ore, sec
retary of the health and public morals
committee, and It was necessary to re
copy the measure from the printed bill
in order, to get it on the desk.
Appeals to Republicans
When it came up for third reading in
Its regular order yesterday some mem
ber immediately moved its indefinite
postponement. Evidently it had been ex
pected that this treatment would be
sufficiently harsh to banish the question
from further consideration at this ses
sion of the legislature. At least the mo
tion met with a resounding chorus of
ayes and Speaker Jones was just on the
point of announcing that the measure
had been killed when Smith of Mult
nomah jumped to bis feet and Insisted
on being heard.
The Multnomah representative strenu
ously objected to the railroading tactics
of his colleagues and" called upon the
"Lincoln Republicans" In the house to at
least give some consideration to this
appeal of the colored ' citizens of the
state whom they were wont to laud so
highly about election time.
Representative Mrs. Thompson fol
lowed Smith with a protest against the
treatment accorded the colored delega
tion which had brought the .bill to the
legislature by the members of the house.
Seek to Shift Responsibility
"This bill came from the colored
people of Multnomah county," she de
clared, "and yet several members of
that delegation refused to introduce the
measure when requested to do so by the
coldred delegation."
Several " members of the Multnomaah
delegation jumid to their feet with a
denial of the charge. They had" never
been approached with the bill, they de
clared, in fact, they did not even know
that there was such a bill in the house
until it had just been called to their at
tention. '
"That's strange," countered Mrs.
Thompson, "when the bill was referred
to the Multnomah delegation and was ih
the hands of that delegation for a whole
week. What were you doing with it all
that time?" Then she reviewed the
stormy path over which the bill had been
compelled to travel before coming Into
the house to be manhandled - as a final
end of its career.
"The members of both the Multnomah
delegation and the committee on health
and public morals had all tried to evade
their responsibilities in the matter by
sending it back to the house without
recommendations," he declared, adding
that it had been a laughing matter
among the members for the past two
weeks.
Twits Republican Members
"I am going, to vote against this bill
because I am a Southern Democrat and
still harbor the prejudices of the south
toward the colored race," she concluded,
"but not one Republican member of this
house can vote against it and be con
sistent. We have heard you boast for
years as belonging to the party of Lin
coln, Lincoln the emancipator. Lincoln
.who struck the shackles of slavery from
the negroes of the South. You cannot
vote against this bill and be consistent,"
she challenged, in chiding the members
for their attempt to avoid responsibility
in the issues by trying to bury the meas
ure under an avalanche of recordless
noes.
A rollcall was demanded on the ques
tion of indefinite postponement, and
what had been an emphatic defeat of
the bill under the acclamation process,
was now turned to victory with the vote
of the members recorded, 25 members
DONT LET A COLD;
GATHER HEADWAY
Nick it right at the start with
Dr. , King's New Discovery
Go after It hard. Relieve It or a cough
or a mild attack of grippe or bronchitis
promptly, pleasantly, effectively, eco
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the sniffles, the tight feeling, the Irrita
tion, the watery, inflamed eyes.
It takes only a little of Dr. King's New
Discovery to help the usual cold and
cough discomforts if taken according to
directions. A large bottle lasts long and
is pleasant for young and old. Keep it
handy colds and coughs come unexpect
edly, suddenly. 60c and 11.20.
' Stir Those Torpid Bowels
Enjoy the 'freedom of the , regularity
made possible by mild yet positive act
ing, natural, pleasant comfortable Dr.
King's New Life Pills. "Not hablt-form-Insr.
but a system cleanser that promotes
healthful results. 'All druggists. 25c Ad.
voting against the postponement and 23
supporting it. - .
Bat the victory was only temporary.
The indefinite postponement was de
feated and the bill was placed upon third
reading and final passage. Several mem
bers were absent and a call of the house
was demanded. . , Representative Smith
of Multnomaah insisted that his col
league, Representative Lewis, be brought
in and compelled to express himself on
the measure. .
Lewis Blames the Democrats
After an absence of several minutes
Sergeant-at-Arms Joe Singer returned to
report that the missing Multnomah dele
gate had .locked- himself In a committee
room on the third floor.
"Take the door-keeper back Vith you
and bring him in dead or alive," ordered
the speaker, with a twfpkle on the
"dead."
The searching party was so long in
returning that the house turned to other
business in order to conserve time, but
as soon as the sergeant at anna and
doorkeeper returned with Lewis in their
custody the roll call on the bill was
ordered.
Lewis had been found locked In a com
mittee room and only came out after
Singer had threatened to break in and
get him.
"I don't .want you to think I was try
ing to dodge a vote on this question,"
pleaded Lewis when the house gave
him a chance to explain his absetice.
"Of course not," chorused the house.
The responsibility for the negro ques
tion was one for the federal administra
tion to shoulder, Lewis insisted, and
not a question to be determined by this
legislature. The democrats in power at
Washington, he insisted, should act on
this problem.
I Joe Singer Makes Capture
"When Sthe Democrats at Washington
get through correcting some of the evils
the Republicans overlooked in their 50
years of power then they will come out
and clean up Oregon," countered Smith
of Baker. ,
Mrs. Thompson took a turn at grilling
Lewis, declaring that two years ago
he had introduced a bill .permitting in
termarriage between negroes and whites
which was a much more radical measure
than the one under consideration at this
time.
The intermarriage bill, Lewis declared
was a frame-up on him. but he had been
a good sport, he insisted, and had stayed
"put."
The roll call proceeded. Suddenly
some one shouted r "There goes Lewis,"
and there he was edging through the
crowd that filled the gallery, toward the
door to freedom. But Joe Singer was on
the job and recaptured him and brought
him back to face the music
When it came his turn to vote he
proceeded to pick the bill to pieces tech
nically and voted against it because, he
declared, it was unconstitutional and of
no effect.
How They Lined Up
The final vote on the bill was as
follows :
Yes Coffey, Gross, Dedman, Dodd,
Edwards, Fuller. Gallagher, Gordon,
Griggs, Home, Hosford, Idleman, Jones,
of Lincoln and Polk, Kubli, Lafferty,
Richardson, Schuebel, Sheldon, Smith of
Multnomah, Stewart, Weeks, Woodson,
Wright, Speaker Jones.
Noes Ballagh, Bean, Bolton. Brand,
Brownell. Burdick, Burnaugh, Childs, El
more, Gore. Graham of Lane, Graham of
Washington, Haines. Hughes, Hunter.
Hurd, Lewis, Looney, Martin, McFar
land, Merrlman, Moore, Richards, Ro
man, Sidler, Smith of Baker, Thompson,
Thorns, Thrift, Westerlund, Wheeler.
Absent Crawford, Dennis, Hare and
Lof gren. '
SENATE APPROVES
One Mill to Be essessed in State
for Improvement of Rural
Highways for Farmers.
Salem. Feb. 21. After passing the big
$10,000,000 road bond bill for the im
provement of the primary roads of the
state, it was an easy matter for the
senate Thursday afternoon "to pass S.
B. 283, by Pierce, which provides for
a one-mill state tax for the improve
ment of market roads.
This tax is in addition to the present
quarter mill state road tax. The bill
provides that the state market road fund
shall be expended by the highway com
mission In its discretion, and that before
any portion is spent in any county the
county must match it dollar for dollar.
There was but little discussion and no
opposition to tne bilL
Other bills passed by tne senate
Thursday afternoon Included the fol
lowing.: H. B. 288, by Wright Defining min
eral lands.
H. B. 239. by Dennis Providing for
appropriating rights of way for highway
purposes..
II. b. 670, by ways and means commit
tee Appropriating money for legislative
expenses.
H. B. 425, by Gordon Providing for
licensing of real estate brokers.
H. B. 338, by Jderriznan iteiaung to
irrigation ditches.
H. B. 207. by : Smith of Multnomah
Relating to electric wiring.
i II. a. 44Z, by Jackson county aeiega
tlon Regulating the rights of - cattle
growers and sheep and goat growers to
range in Jackson county, and providing
for. a penalty to be recovered by-cattle
growers i against sheep-, and goat grow
ers infringing upon the rights of cattle
H. 429, by Dennis Amending the
law relating to the bureau of mines.
II. B. 132, by Martin Requiring a li
cense for all insurance agents.
H. B. 321, by committee on salaries of
public officials Providing that county
courts shall designate salaries of deputy
county officials. -
11. 430. by Lairerty Providing for
voting, on .question of . dogs running at
large?" - . "
H. B. 285, by committee on assessment
and taxation Relating to time f or pay
ing taxes. - j-
H. B. 127. by Edwards-Tncreaslng the
salaries of county -officials' of Tilla
mook eoupty. , , . ...
" 'See Wilson's Millinery ad. page 8. AdvL
Did You See Edith at the
Danzant Saturday Evening?
She looked bo cpiffy. Her new dress is
a dear, so different, and so suited to her
particular style. She told me she had
e-ard luck in deciding on it. thouftfi. for
there were so many - to pick from at
Cherry's, where she always vbuys her
clothes, that she could hardly decide
which one to take; I'm going down there
Just as soon as I can. And the best Is, she
only has to pay on liberal credit terms,
and -that -does-help so much. 389-91
Washington street, Plttock block. Adv.
MARKET ROAD TAX
BIRD PRESERVE
BILL WINS AFTER
MUCH
Rffl 1
State Biologist and Gun Clubbers
Scathingly Grilled in House for
Favoring McFarland Measure.
'STEAL' HELD 'COLD BLOODED'
House Approves Plan to Retain
Malheur Lake as Natural
Home for Wild' Birds.
By A. L. Llndbeek
Salem, Feb. 21. State Biologist Wil
liam L. Finley and members of the
Portland Rod and Gun club came in for
a scathing grilling during the debate
which preceded the passage of the Mc
Farland bill, converting. Malheur lake
into a game' preserve by the house last
night. The bill, it was charged, was an
attempt to rob the school funds of the
state of Oregon of 57,000 acres of land
in order to create a hunting reserve for
Oregon sportsmen and incidentally cre
ate a few fat jobs for Finley and his
friends. The school children of the state
had been "buncoed" into petitioning the
legislature to lend its aid to this
"steal," It was further charged.
Thirty-three members of the house
voted for the bill, 22 were opposed to
the measure and four were absent. Rep
resentative' Gallagher, who lead the
fight against the bill? changed hla vote
when he saw that his cause was lost
and announced that he intended to call
the bill back for another hearing.
Several Argue Favorably
Representative McFarland, who intro
duced the bill, read a letter from a resi
dent of Harney county to show that the
tan.
EXTRA
11 - Wl
bill was favored by the people of that
district, : He was followed by Represen
tatives Lewis and Kubli, also of the
Multnomah delegation, with appeals for
the protection of the birds by the crea
tion of a bird reserve and the perpetua
tion of the memory of Theodore Roose
velt through this reserve.
Representative Gallagher, In opposing
the. bill, denied that the .people of Har
ney county favored the. bilL
A few people had signed such a peti
tion, he admitted, but, he declared, it
was done under a misapprehension of
the' facts and Mr.. Finley had admitted
this when faced with the charge.
The people of Harney county, he de
clared, were just as much interested in
the preservation of the bifJs that in
habit Malheur lake as anyone else and
for that reason did not want to make It
possible for members of the Portland
Rod and Gun club to slip in there during
the nesting, season and kill them, as
they sought to do through this bill. .
"Steel" Too "Cold Blooded
'The proponents of the bill bad first
sought to take 67,000 acres from the
school lands of the state, but finding
this "steal" too "cold blooded" had
changed their tactics. Worst of all, he
charged, the school -children of Oregon
had been "buncoed" into petitioning the
legislature to take this land away from
the school fund. '
Finley's published statement to the ef
fect that Gallagher represented capital
istic interests was emphatically denied
by Gallagher, who intimated that some
body was either .a liar "or ignorant and
"hoped that Finley heard that state
ment." The charge that the. people of Harney
county wanted to drain Malheur lake
was ridiculous, he declared. "There Is
no more danger of draining Malheur
lake than there is of draining the mouth
of the Columbia fiver.'7 he stated.
Representative Moore of Multnomah
county arose to declare that the people
of the entire state were interested in the
passage of the bill and flourished a
handful of letters to prove, his asser
tion. Representative Jones of Lincoln
and Polk opposed the bill on principle.
Bill Declared Ostregeoss
One-fourth of the state was already
In reserves, and if tia policy was to
continue the state would soon be stripped
of all taxable lands, he declared.
Smith of Baker voiced his suspicion
of anyone who sought to build up game
preserves. Mr. Finley and the Portland
Why
You Should
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They are always best in qualify always first in the new.
Now we are featuring the popular waist line models in
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snug fitting English models and conservative and box-
' i back coats. All materials and
SPECIAL
Men's Shoes
$4.75
Good quality dress and
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These shoes were
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57.XJ. All SL
come m early.
Item
Loisoiuo
Usod Dy Every Giuilizcd Utilzo
For Over fl Qccrfcr cf A Gzztny
j - i mm
Loci tbr thb tfgeztoro oa tka box
Rod and Gun' club, he charged, had ex
hausted the game resources of Western
Oregon, "and now wanted to come over
to Eastern Oregon and build a fence
around Malheur lake to create a game
reserve for a few sportsmen at the ex
pense of future residents of that section
of the state.
This, Is the most outrageous thing
perpetrated on this legislature, ie de
clared, "not excepting the Insidious pav
ing lobby."
Smith of Multnomah 'announced hla
suspicions of the motives underlying the
bill. ' . . . , -
Representative Stewart told the house
that the state land board ana the attor
ney general had characterised the bill
as ill-advised legislation, and the fish
and game commission - had declared
themselves neutral in the matter, "it's
just a soheme to build up a nice little
machine," he declared., and he couldn't
blame Finley tor trying to pull down a
nice, fat job. although he objected to
bis method of procedure.'-,
Favors Bird Reserve
Representative Bean declared that he
would never consent to ceding another
foot of Oregon soil to the federal gov
ernment, but jthat he was heartily In ac
cord with the principles of this bill.
Time may come, he declared, when tie
birds would have to give way to the
settlers In Harney county, but he did
not believe that such a time had ar
rived just yet. He admitted that he was
not familiar with the conditions sur
rounding Malheur lake, but hoped that
the legislature would make it Impossible
to drain the lake and maintain It as a
breeding-ground for wild birds.
On roll-call the vote on the measure
stood as follows :
Yes Ballagh, Bean. Brand, Ohllds,
Coffey, Cross, Dedman, Dennis, Edwards,
Fuller, Gallagher, Gordon, Gore. Griggs.
Hurd, Idleman, Hosford, Kubli, Lewis,
Looney, Martin. McFarland. i Moore.
Richards. Richardson. Roman. Schuebel.
Sheldon. Sidler. Thompson, Westerlund,
wneeier, speaker, Jones. I
No Bolton. Brownell, Burnaurh.Dodd.
Elmore. Graham of Lane, Graham of
Washington. Haines, Hare. Hughes,
Hunter, Jones of Lincoln .and Polk. Laf
ferty, Merrlman. Smith of Baker. Smith
of Multnomah, Stewart. Thorns, Thrift,
weeKS. wooason, .Wright.
Absent Burdick, Crawford, Home,
ijorgren. -. ;
Seasoned slabwood- and Inside wood,
green stamps for oush. Holman Fuel
co. Main &3. A-IS5.-Adv.
Buy .
colors to please your particu
lar taste.
$25.00 to $55.00
Open a Charge "Ac
count you will find it
mighty convenient.
Washington St.
EMM0
Sidelights On
Legislature
'Perhaps If I had had the privilege '
of securing a high school education,"
declared Representative Mrs. Thompson
on the floor of the house In defense of
'Senator Patterson's tuition fund bill, "I
wouia now oe sitting In the senate of
the United States instead of in the
lower house of the Oregon legislature."
And although she smiled when she said.
It friu fir rT th. nn 1. KA ... - . aAHtA..M
" -. p " m wus j.
new- um i seemea to indicate mat sne ,
might get to Washington yet in spite of
her educational handicap.
Senator Eberhard told his colleagues
of the ways and means committee, In
an effort to check a flow of personali
ties between two of the members from
the lower house, that he "understood
that the house sometimes Indulged in
such encounters, but that . the senate
never stooped to petty" personalities."
And the very next .day it happened.
Hereafter when the senator from Union
county attempts to pass any bouquets
to his side of the legislature he should
"knock wood."
Inasmuch as the only flaw to be found
In the entire Oregon country lies In the
unequal distribution of Its sunshine and
its rain a move is. now on foot in the
legislature to arrange for an exchange
of a considerable quantity of Williamette '
valley wetness for a few glimpses of
Central Oregon sunshine. A call of the
house is demanded.
The Minnesota legislature enacted only
eight laws in a six months' session, ac- -cording
to an advocate of a longer term .
for the Oregon legislature, whereas the
Oregon salons were expected to pass
several hundred laws in only 40 days.
Which, it must be admitted, is an un
answerable argument In favor of a much
longer session. . .
Lebanon Boy to Stay In East
Lebanon, Feb. 2T. Mr. and Mrs. Z. I.
Brown of this city -have received word
from their eon, Loren, that he has been ,
discharged from the navy. Brown baa
been serving as electrician, stationed
at Norfolk, Va. He writes that he will '
not return home as wages are much
higher east than oh the Pacific coast.
He graduated from the Lebanon hleh
school four years ago. -
at 10th
!L.