WEEKLY OREGON STATESMAN. JfRIDAY, JANUARY;26, .1900. THE WICHSER WILL DECREE or COCXTT JCPOE TKBBCtl. I2C THE MATTER. !'! Administrator Appointed ! Ordered to Take PoMMtioa f th Property Befoaciaa- to tbo Eatitto. j (From Daily, Jan. 24th.) ! The decree of County Judge G.-1P-, Terrell, in the matter of the petition for the admission of the last will of the late Mrs. Verena Wichser-Booth, men tion of which was made in yesterday's Statesman, was yesterday prepared and entered of record. The decree briefly recites the fact of the hearing of the petition-upon the agTeed stipulation of facts entered into between! the parties interested the heirs under the will of the late Mrs. Verena Wichser-Booth, and Miss Jeanette Booth, administra trix of the estate of the late John C Booth. This stipulation shows the material facts respecting the issues joined in the cause. Exhibit A, men tioned in the decree, is , made a part of the stipulation for the purpose of showing the collections and disburse ments made by the late John C. Booth, as administrator of the estate of Mrs. Verena Wichser-Booth. Following is the decree: ; ( "In the matter of the last win and testament of Verena Wichser-Booth, deceased: - '. - . i s ; "Now on this the seventeenth day of January, 1900, the above entitled cause came on regularly for hearing by the court, upon the petition of Lydia M. Willis asking : that the will of said decedent-be admitted to pro bate in solemn' form, and the answer of Jeanette Booth, administratrix of the estate of J. C Booth, deceased, to aid petition, and- the reply of 1 said Lydia M. .Willis thereto, F. A. Turner, W. M. Kaiser, and W. T. Slater ap pearing as attorneys for the proponent, and Brown, Wrightman & Myers and D. R. N. Blackburn appearing as at torneys fc$- the contestant, Jeanette Booth, as administratrix of the estate of J. C Booth, deceased, the contest ant Jeanette Booth as such adminis tratrix having been heretofore duly served with citation in the manner as by law provided, the proponent and contestants by their respective attor neys having filed a stipulation agree ing as to all material facts to be sub mitted to the couij, of which said stip ulation, excepting 'Exhibit A thereof, which is made a copy of the final ac count of J. C Booth, deceased, the fol lowing is a true copy and the whole thereof, towit: ' (Here the stipulation is given), r "Now, after reading said stipulation and. hearing the arguments of . the re spective counsel pro and con, the court takes the same under advisement and reserves his decision until Monday, January 22,. 1900, at 10 o'clock aJ.m. of aaid day, and j "Now, on this the twenty-second day , of January, A. D., 1900, at -to o'clock a. m., the court being, fully ad vised in the premises, and based upon the facts as set . forth in said stipula tion, finds as conclusions of law there from, that the last will and testament of said decedent, Verena Wkhser Booth, bearing date September 20. 18K8, is the last will and testament of said decedent, and that the marriage of said decedent with J. C. Bootb on the twentieth day of June, 1894. there- atter, did not operate to revoke said last will and testament. t "That the statute, of .1853. which pro vuledthat a will mad, by an unmar ried woman would be deemed Evoked by her subsequent marriage was re pealed by implication by the statute of 1878 a amended by the statute of l8o.v which provides that the property and pecuniary rights of every married woman at the time of her marriage or afterwards acquired, .shall not be sub ject to the debts or contracts of her husband and she may manage, sell, convey or devise the .same by will to the same extent and irj the same man ner that her husband ran property be longing to him. And said law of 1853 is directly r repealed by ' the statute of 8.Sq, which provides that all laws which impose or recognize civil disabilities upon a wife, which are not imposed or recognized as existing as to the hus hand. are hereby repealed. f "That the said last will and ! testa ment of said decedent is in full force and effect, and the samexhaving been dly proved in solemn form as against said Jeanette Bodth as the. administra trix of the estate of . said J. C Booth, deceased, it is entitled to be admitted to probate; ': . "It also appears to the satisfaction of the court from the petition of said proponent, Lydia M. Willis, that F. A. Turner is a resident and citizen of Marion county, Oregon, and a suit able person to be appointed adminis trator with the will annexed of said es tate of Verena 'Wictrser-Booth,' de ceased."' , : . "It aha appears by said stipulation that J. C 4 Booth, deceased, advanced $102.10 out of his personal funds for the benefit of the estate of said deced ent. Verena Wichser-Booth, deceased. "It also appears by said stipulator that 'Exhibit A which U annexed thereto, and made a part thereof. ? was only so annexed and made a part of this stipulation 1 for the .-' purpose ol showing the collections and disburse ments of 'the said J. C. Booth, deceased.--" ' i. .. j , "It is therefore ordered and decreed by the court that said last; will and testament of Verena Wichser-Booth, deceased, be admitted to probate and recorded by the clerk of thif court as by law provided. s 4 , "That F. A. Turner be appointed ad ministrator with the will annexed of the " estate -of sahl decedent." Verena Wichser-Booth, and tht his bonds be fixed at the sum of ? 1 6,000. and , that letters be issued to him upon the fil ing of such bond duly approved by this court. : - "That upon the issuance and deliv ery of such letters of administration to the said F. A Turner, it is hereby ordered and decreed that the admin istratrix,. Jeanette Boojth, turn over and deliver to said F. A. Turner, as snch administrator, all of" the prop erty in her possession or under her control, particularly ! mentioned and specinca in saia supination, upon nis navinr tn a nrh administratrix said sum of $102.10, and so far as the notes are concerned belonging to the estate of Verena .Wichser-Booth, de- Ceased, which were deposited with Ladd & Bush, bankers, as collateral security by said decedent, John C. Rooth; n the citv ol Salem. Oree-on. the said Jeanette Booth as such ad - .: . mimsirarrix is ncrroy commanaea to . " .- - release unto the said F. A. Turner as J tht last i Ashanti affair t who was such administrator : all right and tide known and liked by , every officer and thereto, so that said F. A. Turner as ,man of the expediuon, he was; a f el such administrator mav deal directlv ol such infinite Jest. 'lie sang and with said Ladd & Bush concerning the same." ' -1 T MC2f RAMfS ASf ADDED, Many Voters Placed Their Signatures on the (Books of. the : Count v aerk Yesterday. - i . - . vr... .r-A ;n Of County Clerk W. W. Hall, at the court house yesterday, and registered coming election. Among the names ber of those who had appeared before notaries and country magistrates, the fral tfi far trtr'mtr&A annfoximatinfl-1 1200. Those registered yesterday were: Aumsville C R, Durfee. D. L. Easrburn. Alex Merrifield. D. C.: Mc- Crory, T. C. Lee. D. A. Smith. Richard- Hooper, T. W. David, J. C Steinbren- ner, John Sherman. f Breitenbush E. G. White.' Brooks J. Petzd. Eikhorn George Appleyard. Englewood Robert Johnson Theo. NolL U. Simmons. Wm. Wicke. , (Howell F. Hasfobacher. j Marion E. M. i Haworth, Clinton Tracy. , 'Monitor T. R. White. Prospect Walter Downing, Emil Koppe. iMtnami J. tl. smun. jonn Vasnail. M. H. Speer, F.-M. Hull. ' ; Salem No. I T. W. DuRette. Oscar G. Smhh, John Vanderpool, A. T. Yea ton. 1 Salem No. 2 Joseph Albrech. ; Wm. I Gill. Owen Ohl. Paul Hi Sroat. Salem No. 3 Z. C. Beatty, H. nor. Salem No. A R. A. Coshow. Sam 1. Hermroth. J D. Sutherland George fic, signified htr acceptance and ap H. Deacon, Joseph Cordinghr, A. h. I-,.,-! r .,. .m- rA w a - , - , North Salem W. J. Carlton, P. F Minrenmeier Sidney W. W. Anderson. A.--T; Blackiburn.J. R. Gibson, T. Sterling, D. Sterling..'-" r North Silverton Eli Baker. McD Carpenter. A. M. Chummers. George Fleishmann. H. A. Hartley. J. F. Moser, R. C. Russell. C G. Steelhammer. 1L S. Van Valkenburgh. ' Silverton J. H. Brooks, A. F. Blacfc erby, E, R. Drake. John Fischer, C. P- I CruhhW. F. HodM T. W. Riches.! G. H. Riches. E. Ruppe. Adolph Wolf. South Silverton W;n. Haberley, S. I T. c Ililiman, Chas. , Alclvinley, Al. Skaife. 1 ' St. Paul T- F. T. iB. Brentano. Su-blimitv Wm. Bell. Toseoh Becker. Paul Frank, Joseph Hasler, John Kintz, Luke McUmms. B. Jf range, iv - Jr. Schott. - j ; . .. : ,-.' . Yew ' Park Theo. DeLong. D. Seiwert. I. M.. Wagner, J. C. Webb. THE CHINESE LILY. The Legend .that They1 Tell About Its I Origin. If Once upon a time . there f lived in rrhlr nf ciiici; with h.inff I inherited the larger share of the par- I ental estate, seized the most valuable 1 y?'""n, wno. aiea.-m tne faiace bo part of the youngcr's, Jeaving him but eI Sunday morning, , is opened, it will a few acres of rocky, unfruitful soil. be. found that of an esUte valued at : . The younger, brother bore the greed- ?750,ooo, three-fourths has been given incss of the cider- one until he was finally overcome wkh poverty and hun- ger. Then, in great despair, he threw himself upon the ground, and lay;there sobbing and bewailing bis cruel fate. c.j.i i t. . . j . . ouuucuj iic uiu sweet ivoice i caning ms name. jqemng nist eyes I he saw a fairy bending over him, who 1 "Thy patience and forbearance have I been noticed, and now great shall be I uauc nim arise, savins: - iny rewara. . inou sniK nrxi ncnes I and Jame -beneath the sou where thy I head but a moment ago rested. To I reach the treasure will be no easy task, I United States Senator George Turn but be patient and persevering. Rest I er, of the state of Washington, has in- V. 11 inou "asx ,ouna m wnicn 1 shall cause thee to be honored and I lovea tor a tnousana generations. Then the fairy vanished, and the young man rubbed his eyes and looked about hun. His rocky ground - was still there, and foe wasj jubilant with a new-borh, courage and , hope t With f",U f'! hc. 1fPPie4 J"se o the j wsw.c. I .For many days he dug. faith fully, ana rina.y tie tourm a . ttower-bum. 5,&"ft, ll uhe !?l7 8 W he HundedsSeople cavne to' see the new flower, ntherhuth, nr,,r fr itsots, and the, young man's" name and his - buib-patchx soon became fa mous: Rkhes and honor came to him because, strange as- it Kmay seem, the flower would not; grow in any. other part of China, and thousands came to Dirv irom hrni. lie named' his treasure ine "n I Seen Fah." or "Flower bt the Water I ray "?7eJ accordir to army jeegula Fairv a nvn. t,. I tions. IJeducting the months nav. al. borne: 'thotigh: in common oarlane.. ft 1 is known simply as the "Chinese lily" Philadelphia Times. . EACH REGIMENT HAS ITS I FUNNYMAN." I ... . , f - I 'It mav "safclvt be said that ther U I not a ship or regiment in her majesty's service that has not -a funny man, some merry icltow who, by hisi songs, yarns or antics, or all of them put together, keeps his shipmates or comrades in good humor, and who is tacitlv fn- couraged by his officers for that rea- I f , " i Thus spoke a distinguished military I offkef who has seen a great deal of war KintR. -.;.. 11c wck on to sav: i Some of these men are known tn ali I the thousands of officers and men in a 1 whole hig camp or military station. I and I particularly remember one such I at Strensall, near York, who, night af- I ter night, standing on a mound, would I have a huge ring, of men from various i rcgimcm c.iauis I inir entertainment." the "thief item .o which -was the parodying, . -with partje- ular reference to. affairs m" camp, of popular songs of the day. This same man turned no in the war with the Afridis, and was the; very life and soul of the camp, our Indian allies being I even lonacr 01 aim v 1 comrades. v 1 , I "In Yim mm wa v T rm mmTtfr a mill I danced. when it was learlullv hot, tor hours together He got both presents ana promotion irom we omccu, lor he was as inoffensive as tie was clever and merry." London Tit-Bits, f PERSONAL AND PERTINENT. I ' s Tbe wffl of Jacob Kramer, who was la saloon ana notei Keeper in jersey I Ckv. leaves his money, after the pay- I men of ' his funeral expenses, . for I banquet to all who attended his fu- I 7?ie law recently passjd in Efrgland I subiectiner to a fine of t2 proprietors I of retad shops who do not provide I seats lor tneir. saleswomen weni mio operation on New Years day. I An English paper has Ieen offering prues for the best uess as to the date on which the British flag will; be hoisted at Pretoria. 'Now that Frendh has captured Colesberg the guessers will probably want to revise their pre- dictions. - ; J The discussion in England just at this time of whether the American practice of mixed bathing shall be adopted there seems decidedly unsea- sonbale considering the behavior of the thermometer, but it should e re membered that things continue i to be pretty sukry in South Africa. ; -' :i Hawaii wants to send a delegate to the natinnal rprviiWiran "onvenitirm.' " S. I Har'wr who rt nor a acrrnt for I the Tate independent republic, his beert lrtId h fh. nmunUfM tn hav H. I waiians elect their delegate and ih I convention will nass on his-eltiribiHtv l-Under a head three columns wide I aml jn language that would thrill the I tnrf iaftwf ratr th Krw. Yftrtr I t.. y v t villi lliiu d vvj vri Gould at the opera in New ' York. The eyes of the whole house happened. so it seems, to have been fastened on the 'Astor box just as"- Mrs-lAstor lookd across and saw the Gould party in the Gould box, The brilliant lights did not fade or tail when this occurred. but a deep hush fell on the vast as semblage, and it was during this in tense moment that Mrs. Astprt gave if0 i-,i wilJI- y a he most cordial. -Nothing as Iu,ar J" ? " .ed cheer swelled thr throats spectators, but a deeo sieh arose and was echoed back from the vaulting ceilings until drowend by the orcnestra. A WHEEL PATH. I ' Medford Free Press: 1 ' The bicycle apth s makinor srood head, way oecween central foint and. loicf under the supervision of Mr. Frjdm. burg. The path will be extended from Gold Hill to Medford. In the course of w hope the path will run from TO CHARITY. ;aan rrancisco. Tan. at. The; Pall ays When the wiM of Captain X. " cnamy. Alter Deques ts which, will reach an aggregate of $500,000 are paid be residue is. bequested to the Hebrew JL?1?16 for aged and disabled persons. This legacy will amount to at .least eMorm )- . . - 1 1- r. r-jvv p . . m; i - J fOR RETURNED VOLUNTEERS. s ci . ... . . t . Senator Turner,-of Washington, Fath- " v J nem xvincage r Home irom Philippines, ? . iroauced a bill in congress, for the ben efit of the volunteer, soldiers who re turned from the Philippine Islands, which, if enacted into law as it stands a good chance of being, will pay thous- ands of dollars to the boys from this city and state, as it will give every en- listed man about $250 additional pay and each of tpe comnJisisoned and rton-commisisoned officers moreL proportion to the pav received, r Seator Tttrner.-S 'measure provides that the volunteers who serveaTn 3S ed orlmS ? "i 5.d nt"fably discharged . soldiers of J'f?"r ex pense incurred by the government in bringing, the volunteers to-Satt!l Fran cisco. , - L This will allow enlisted men I ralirm allowance of 30 cents, and nav for nri- vates. 50 cents for each twenty miles tfalcd, twenty miles constituting a ready allowed the men. and the cost cf Ifations, etc., the amount to be received I Pr ,th. Oregoijvolunteers who served in me isianas is aoout $250 lor privates, The higher in rank, receive nf rnnn. higher pay. ' L : .Sixteen states had volunteers fin the Orient who will oartieinate in -ih at. lowance. t New York' contingents, the Astor battery leaving the islands! before tn treaty of peace : was ratified. It happens, however, that three "of these sixteen states, Pennsylvania, California and Utah, have each but one senator through failure of the ierilaniv n elects, It is thought that the Jbili has Toy mrcnaiice to oecome a law. . The measure is not '.Intend ' tra compensation for regular duty done for extra, xrrvir Mnt r By , ine volunteers. hMt a mnMnnttn. done by the volunteers was after they were legally entitled to be discharged, Hid thev incUtrl then: the loss to lhe government would have been enormous. im BY fIBI flzhl cf Stenisrd Oil Ccnipaoy - Darned In ;Pcrt!anl TKE EIO OIL TANKS WERE $AYC0 Ftr OepartnaeBt Warkd Heroic lly, with r PUBcnlf y ConHmlBg-the lltmW to ' ' ti Larg-e ITarehoa PORTLAND, Jan. 23 The one story brick warehouse of the Standard Oil Company, located- ion East Water street, was toally destrciyed by fire this afternoon, entailing a loss estimated at $150,000. ' ; i': The fire started in the basement un der the . store-room, where a large amount! of oil in cases : was kept. The entire lire department of the chy was called out. and their efforts . were dir ected toward savins the oil tanks where ,500,000 gallons oi oil was stored. Every few minutes a case of oil would Explode, and sheets of ' flame leaped undreds of leet into the air.- For a time a high wind prevailed which spread thetmrning oil over several acres, ana it was -with great difficulty that the firemeb saved the oth er warehouses in the jvicunty. . lhe fire burned fiercely all day and it was ate tonight before the i lake of oil bad burned out : Several engines will be keot throwing .water On the - ruins all night, to prevent the fire! from spreading. Had the names reached the huge tartks of oil, the loss would have been much heavier. I k. There was no insurance on any of the property. I - . .FIRE IN DAWSON. Seattle.1 Tan. 2. Advices irom the north, received today, substantiate the report of the big fire in Dawson. It occurred January nthi and destroyed buildings and merchandise to the value ci $400,000. The news comes by tele grag'h from (Dawson to Skagway. The firse is supposed to have originated from a defective flue. The flames burn ed, about 400 'feet along the principal street, laying in ashes many ; of the costliest, and most substantial structures in the Klondike metropolis. The fire extend along First, street, from Sam Bonifield's saloon and gambling house. to' Thomas ChisholmV saloon, wiping put these two well-known landmarks land all . intermediate buildings.' Those Included many saloons, restaurants, the bpera house, grocery and general stores and the branch of the Canadian Bank b Commerce. ; . A TOTAL LOSS. v Philadelphia, Jan. 3. Captain Jolm of i 24 men of the son and the crew o British steamer Sutton, which went kshore on Fen wick shoals, in Delaware bay. on 1 Saturday, have arrived today. vi x ;si ww ivn stiuais 111 iiaina: The shio-wrecked v-.a ,,:i,. W u - pffice of. the British consul, in ivhose pharge they will remain until after3 the irn.ti.MU iy pourt of mquinr into the accident, which tonvenes on Wednesday, has examined Into the responsibilityi lor the wreck jft is' generally believed among ship ping men here that the Sutton will prove a total loss.: With her cargo she is .valued at about $175,000. The Sut ton was loaded with 3.100 tons of iron pre from 'Carthagena, Spain, consign ed to Nay lor & Co., pf New .York. MILES RETAINED. Board of Ordnance , jReorgahized by 'tne War department Washington. Jan. 2X The secretary of war issued an order today almost entirely, reorganizing the board of ord nance. General Miles. who is ex-officio chairman, is' the only member of the ormer board retained.! New members are: iingadier-Gencral John-M Wil son, chief ol engineers; Brigadier-Gen-tral W. R. Buffington, chiei of ord anre; Colonel John I. Rogers, of -the urn artillery, and Thomas J. ; Henderr son. of Illinois. ; i i ' w bm 1. a rAir. Jiienwerson. wno is the only civilian on the board, succeeds Mr. lomas J. Outwaite. of Ohio. The litary members of the board who hive been relieved from further ser vice are Colonel K. TL Frank, former ly A the First artillery, retired; Cap tain Charles B. Wheeler, of the ord nance department. 'and Captain Joseph E. Kuhl, corps of .engineers. It' is said .that there is no special significance in the action- of the secre tary of war in this matter beyond a desire to recognize the supreme im portance of the board which is charged with the duty of protecting our ex tensive sea coast from foreign attack, and: to include in its membership the best military talent possible under ex isting conditions of the cervise. THE MONTANA CASE MORE TESTIMONY BROUGHT ' ; OUT IN. BRIBERY SUIT., , Witnesses Tell How They Were Ap . proached with. Offers of Money i V f , Two Letters Read. WASHINGTON, Jan. 23. At the investigation of the charges of bribery against Clark, of Montana, most of the Jictor letters were presented to the committee.; Only two Idtters were dated prior to the election. These stated that the opposition were "work ing like fury'? and that the Qark men in hiiiic cucgaragcnKiil. ijj The latter letters related almost en tirely to Ector's efforts to collect what he though fair pay for his efforts r in Clark's behalf. He also said ;.in thi letter that - Daly's men had proffered mm 000 tor tntormation 1 regarding Clark's movements. - .! . -1 . State Senator J T. R. MeKav. a . publican from Custer count vt Mon tana, said he was one of the four . publicans ;of the legislature who -had dlJrtt and asked to vote for Qark. Among those who had come to see him was Senator Phillips, who said he could get $15,000 for his vote. He had de- cuned to enter into an agreement, The last witness ' of. - the day 1 was David C Brown, a'demoerat whojhad been collector- of customs . for Mon tana and ' Idaho " for the past : seven years. . He said he ' was a friend of Qark, but that he had never spent any money in the senator a behalf. T ' The committee adjourned until Mon day. , - MORE; STEAMERS. ' j iSan Francisco; Jan.-1 33. At the! an nual meeting of the Oceanic Steamship Company) President-John D. Spreck- els reported .that - the new ships now being built for the company will! be wunous pxia m : . -v.v, mu ... , murder ,n tbe firsf degree, and was greatly improve the servjee.- The y to-1 found ihy 0f manslaughter. His at tal net earnings for iSgg were $374,747. toroeys. Judge James U Fee and Hon. an increase ot 549,icjo over tnose; iisoij. - -a . ..- 1 ANOTHER REVOLUTION. A Wealthy Man Imprisoned Charged with Conspiracy. New York, Jan. 2X. Advices from Caracas, Venezuela, announce the im pnsonmem mere 01 winnei a. w- tos. whowas mmisterof finance wider President Andrade, and is one of Ven - - . . - k f & m . pUCl! wea.lth'est "en by order o President Castro, on the charge of tX!.-Jl!!r- r.-"Jj " V ... .... F.,,.v.. showthat he was in communication With General lose Manuel Hernandez. h. rwl iVr . " : . T . a V " . . , 1 A few weeks ago an export firm of !.:. : 1 c.."ti.li.. vii iclcivcu iiuiii ocuur ivia(ias art Artjr (rr rw. VT ti c w - !ft.. M .1 at the time that thev were intended for the Venezuelan .government. His arrest, howevet, has caused the belief that the war supplies were meant jfor the use of the' revolutionists. - i Senor MattoS is well known here. and was at on time a mrmhr f firm of Scholtz, Sanchez & Co.. of this city. ; A TREASURE SHIP. Ispective. voters reside. Another com--' - .. I Iplaint frequently heard is, that they do San Francisco. Jan. 2. The transport Pennsylvania, which is under orders itn sau irom inis port on January 25th, will carry funds for 1 paying off the United 'States troops now in the Philin - pines "Major William Comegys, pay - master United States army, is assigned wie auty-oi acting as custodian of this tuna, wnicn win amount to about $1, - 250,000. ; QUAY IS REJECTED. MAJORITY OF COMMITTEE RE- PORTS AGAINST HIM. 1 The Senate Will Stand By Its Former Action in Refusing Seats to i tovernors -Appointees. j WASHINGTON, Jan. 23- At the opening ot todays, session, senator committee on -privileges and elections 1 . t - . . . !"?Le resolution . on tne case ot yuay. 1 ne rcsoiuuon ioiiows: .1 llT... II f..kt.... C - . . ,iu - uuaj nuiitai; u. a. . uooaing, k. vvooiwortn, j. entitled -to take his seat in this bodv 1 5 Va as senator from the state of Pcnnsyl- ailla- . . ... L itie resolution was the judgment of a majority of the committee Senator l urley called attention to the resolutioh which was to the effect that Quay was entitled to a seat in the senate. Both resolutions were accompanied by re ports in their support, i The majority report opposing the seating of Mr. Quay was signed by Senators Caffery, Pettus. Turley. Har ris and Burrows, the last named being j . . .... .. . . n vbhj vpuinvail piKiiiiiie, IU A C minority report bears the Signatures of tne only repuoiican signing it he Senators Hoar, Chandler. Pritchard and McComas, all republicans, and ad vocates giving the seat to Mr. Ouav. The majority report first reviews the circumstances under which Mr. Quay's appointment was made, including the tauure ot the 'Pennsylvania legislature to elect a senator. , i After discussing at length the cir-j cumstances . under which the constitu- tion was framed, the maioritv announi-1 ces its conclusion as follows. !'W think that the framers of the constitu- tion never contemplated nor intended to provide for, a case where a state,, by its own deliberate act should denrive its legislature of the power to fill an i-. ' ,t$ Wnmng. -. . In our opinion they never inteded to' give the SJir.l,V,ate- the Powef to f, !ISt J lRinaIapplintmen.t- unless, possibly, in a case where the i??'?I.t,,.re had -chosen -and the- person islaulrend waT occa'sionbyom casualty like death or resignation." The report then quotes numerous precbi- "imj. wkiuiiiuu wwn inai ru K.nw jonns. ot ueie ware in 1794. and closing with.the case of Henry W, Corbett of Oregon, in 1898. It then ends as fol- lows: - i t.i . -. . ----- 'The statemant of these a. anA I precedents shows that. from the begin mng m ne government to th nrnnni 1 " " u never recognized mc ngni oi a state executive to make '"yviij appoinwntm, wnere the va cancy happened of occurred during- i session of the legislature. If shows fur ther that for 75 years the senate has refused to recojxnize the rightr' ol a state executive to make a temporary appointment even where the , vacanc happened or occurred - durincr the re cess of the legislature, if the legislature enner oeiore or alter it occurred and prior to the appointment had had an opportunity to fill it The Jundamenta! brinelnie htn m.YMu.A ... :c legislature either before or after the I Happen in ar of a vaeam-v Ka hart an rm- I portunitv to fill it then ther U A I power m the state executive to appoint 'heM hy resident owners. For full par The result is fatal to the claims of Mri. I ticulars and description call on or Uuay. Nd danger or evil has resulted I to the govenrment' from the' enforce'- I ment ot this principle ' i,. We therefore submit that the wn. I ate. for its own . honor and dignity I snouia stand oy its previous solemn I and deliberate decisions." ll UIMfilS .TO APPEAL ' .-; ' & w U r: f , 8CPBKMK court oraxts a stai I or PROCEEDINGS. ore.unt. Convicted of MsaauaKhtrr. to IIv III Com? RvlwQiio. tloa of rixlog Bolt , IK torn .Viiiy, an. . in.; ;. i:. The supreme court has 1 granted a certificate of probable carse in the case of E. L. Mimms, of UmatUla county, noon which to base an - anneal to th supreme court 'The .defendant in the manslaughter, having killed a saloon I ; , 1 rm9;iia wa indi tcd and tried on a charge of oil Rai- nt p,nHltnn m,u I effort to secure a certificate of broha- ble cause from the trial court, upon wuicn 10 oasc nn apucai. uut laiicd. to the st,preme court, with the result as " stated . above; The attorneys of the defendant also requested the supreme court to fix the bail, of the defendant, so that he mi , be released on bail during tVe time his case ls pendingV but this the I i, . .:i dcr. scction ,463, of Hill's Annolattd Codc which pr"ovides that, "after an pnaictment -sa. found, and upon an af- , a defendant cannot be admitted 0 baii except by the court or judge I f . . ..' uc I jnercpy wnere tne action is pending or im wnich the judgment appealed from : :.. " J - "U1" I" bl'cu- r . Notaries; 1'ublic and Justices ,of the Peace Are Carcjess in Registering" ivaturaured. L-itizcns. I Complaints are f made that notaries toublic and mstices of the neace. in the f country, are not sufficiently; careful in I registering voters many of the blanks' not showing: in what precmct the re- I not always require proof of citizenship. I in the cases of those-born outside of I me connncs 01 ine unuea aiaies. ine jregistration; law is very strict in this I resocct and reauires that the foreign j born - voter, before registering, must I produce absolute oroof of his citizen- ship, giving the court in which he was I made a citizen, together with the date lof his admission. In.' the case of aliens arriving in this country under age, and becoming citizens by virtue of the ad- - . ... li - e . t ' : . mission 10 citizensnip 01 ineir parents, they must give the same information fas to the date and title and location of I court, where the parents were admit- Ited. Countv Qcrk'i Hall is anxious to 1 have the country notaries and magis- f tntes comply strictly with this re- I qv.iremeijt of the law. . I . Many voters registered in the clerk's I office ...yesterday, earning , from every (portion , of the county, as given below: f Brooks R.: W. Powell. T. Remine- . - ton, J. A. Remingtoro . , - liutteville L. A. iLh en. A. Ji. JJen- I. . ,. , ... , ., Stephens, W. R. Scheurer, A. D. Ycr- I gen, H. B. Cone. Englewood F. II. Berger, Ben P. I Tavlor '. I m ; Howell J. A. Norwood, D. G. Ross Hubbard G. B. Hovenden Maclcay Oscar Eoff, J". T. King. Mehama J. T. Bennett, R. I. Ca- shalt. F. U. Hali; A. S. Morris,, R. A. Pratt. J. J. belles. ; v rrospect 1 homas t'otts. Salem No. 1 Clell Hayden. E. M. Reese. A.' M. Steen. ' Salem No. 2 D. D. . Keeler, J B. I ft I Mcwanc. Salem No. 3 J. F.' Staiger. i Salem No. 4 J. SA Graham. S. Hayden, W. D: Pettingell. fcast a!em--J. B. Ashby, Ray I Bellinger South Salem Fred Ratz, T. F. Roy- ' - - .- - ; Sidney R. J. Spencer. Stayton Albert Briggs. D. G. Clark. G. R. Doty. S. P. Gheer. Wrheaton Huntley. R. C. Hunter, E. F. Long, James H. Shuford, B. P. Sorenson, VV. S. Watters, A. S. Watters, C A. Winslow. TnmwW tr tr,rr: n.f;r Howe, W. J. Hewett. G. VV. Loftiss. j. E. Mathias, E. G. Riches, F t 11. Robertson, I. H. 1 Small Jr., I t II. Small Sr.. H. W. Smith, H. Clayton Sherrard, John , Williamson, Arthur Wood ' i Woodburn-D. -k T ibbv. TT, Over- Low- r M''. D Adkins, A. f L. I - ok' LcWS re' Laban Maald- . Tiri, iimrr k fT-i 4 . . t ."iuu.-iiaic-a. imm. pcr- ?(,lna,, Ie".er. in this city from ,F"ddie J;;Fontaane conveys the m- formation that the! Mt Angel college will this year have- an athletic team j111 may possibly compete in the inter- couegiaie games next tune. PromS6to;25per6cre . . r ' ' ' ; r - I I ncse "5 lureeon. and These lands , are in Marion county, arc ottered on easy term; ?f Payment They were taken undec ioretcostre or on-residents. nencc are offered for less than similar farms address Macmaster & Birrell, 3i Worcester block, (Portland, Oregon, or viirm-nmn- j mnnn uKjiA) liTxl I 15ilUTlir.ilO GOOD FARMS FOR SALE - r - . , -'- ' .-, ' S- - i v ' ...... i - S y i ? . 8ALEU, 0KEG0N.