A Time...
(j. W. Johnson l Co
257, Commercial
EQUITY COURT
J! IN SESSION
' r I - ' - -
Case of Custar vs. Lee Brown
1 & Sons Is Being
' Tried
,PLAINTIFF SUES FOR Sl.&CO DAM
AGES NUMBER OF WITNESSES
ON CASE SEVERAL HEARD YES
TERDAY CONTINUED UNTIL
THIH MOUNiNfl. . !
Judge H P. Ilolse. of Department
No. 2. ,v(w occuiied all day yesterday
in, listening to testimony of witnesses
and arguments of attorneys In : the
suit of Rual Cuetar, plaintiff, vs. Lee
Ilrmvn & Sons, defendants. ... "
-This r suit, was begun early last
month.; the parties Interested being
lending 'Citizens of the town of St3y
ton. . .
The suit was Instituted on the part
of th: plaintiff, x Custar. .to .recover
damages from the defendants In the
sum ;of $1,500. The plaintiff Is the
owner of a tract of land in Stayton
nearthe s.iw mill operated by the de
fendants, and he alleges that saw
dust,' slabs, shavings, etc., from said
saw j mill are, during high water
washed upon' his premises, and that
defendants have not taken proper and
due precautions to irevent such rub
,bish from their mill accumulating upon
his land, lie further alleges in hS
com fda Hit that water has soaked
through the shavings, aW dust, etc,
and seeped into. his well, thereby dam
aging the water and makisg itunflt
Jor domestic purpose. These allega
tions are denied hy the defendant., and
the !e is being hotly contested on
both sides. :
Abiut a dozen witnesses - for the
plaintiff 'were on hand yesterday,
' amon ' whom were C. Johnson. D.
AndctKon. J. Davie, J. TI. Baker. J.
W. Wotlay Thos. - Woriay, A. -A.
Davis. J. F"- Reams. V. Henltne. ' all
of , .Stay ton. and County Surveyor II.
Jl. ? tlerrlc k. Only: about half of these
were1 examined yesterday, and It Is ex
pected the greater part of today will
be cuiiftumod unless better headway H
made than was done yesterday; as the
defendant slde of the case has not
yet been, presented, nor wltnesHcs ex
amined :";':- . ; " fv - i ';
REV. PRATT'S CONDITION
KAST SIPB rASTOn'S ILLNESS-AT
JOL.IET, ILLINOIS. NOT
1 . ' DANGEROUS. i
To letters were recetvea . Rttoniaf:
from'ltev. I M. Hoozer, of Joiier. jiu
" ' r- - . i
eoncernlng the condition of Rev. L j
. . . ,i n.tntnn is not regard-,
.ousy ..,. .-, " noOft0,.. ,f
.i as ,l.mirfroui. and Mr. loozes s i
ter gives encouragement thai he wi 1
pull, through, ' ' ' : ' ' , '
Rev. C. C. Poling, who attended tho
gcperjil conference with Mr. Prr.lt, sal!
yesterday that he Is being well carxd
for. When he and Mr. Pratt arrived ct
Jollet on their return to Pwtlau'V It
became evident that Mr. Pratt was
very sick. They-'stopped t the home
of Rev. L. M. Boozer, formerly of l -land,
where ft physician was n""1;
ed, and the case prooouncea iy
Th: nhvsictan told Mr, PoHnS
fever.
that Mr. Prstt might travel s far a'
OmahA, but advised that he be left atr
(s hA.r.ttui : Thln.vaa done.
Mr. and Mrs. Boozer, both of whom
are friends-of Mr. Pratt, live a .short
way from the hospital, and call on him
daily. It may be s, month before he
. can leave the hospital. Bishop ,V . F.
Ileii Is also looking after Mr. Pratt.
Should the-case become critical Mrs.
Pratt will start for Jollet. Mr.-Tilling
rratt paster5 of the First Unites ft.van- Mr. ftnl Mrs. iiurt. Mr. &na airs.
f.H,rrh of thp East Side, who C. Mclntire, -Mr. and Mrs.A. Vose.
gelical Church, of tn? ' - uh .... Mr. and Mrs. R.,B. Lucas. Mr. and
is In the hospital of that city with t Cochran. Mr. and Mrs. F.
fevers Wmie-ir. rrau ' . ' r Shinn. Mr. nd ; Mrs. i. mro-
A XD NOT so rriany year ajro at that;
AA ' men wouldn't, buy ready-to-w ear
clothlnsf at any-price.; Their rea
mna wer that they couldn't get a fit; that
the workmanship was poor, atid that the
garments didn't keep their shape- any
Ifn if til of time. Their objection were not
without foundation at that time, but time
-haveChanged. You can gefcsw gocd a ui,
of ready-to-wear clot ben, overcoat, or pair
of trttMhtt r nowadays,: a any man would
want to to wear for just about half what
yMi would have to pay the exclusive tail
or. That! why bo many well-dressed
men and boys patronize our store, i 'i '
What tailor cans furnish you, for the
same price,, suoh Milts or overcoats as we
are eel ling "for Jlu, 112, $15. $18, or$2Q?
Nit! The tailor can't do it. f Take about
half the money you've been paying the
tailor and let u clothe -you this season.
- , lie-member we can clothe' you from
head to foot." We are .headquarters for
hat. We carry tlie1ewt shoe on I he mar
ket today, the Original I'ackard, fine shoe
for men. , . " r j ' . j
Salem, Oregon,.
ski Id also that If "necessary he would
rpturn to Jollet. He would 'have re
gained but for the fact that some im
portant business demanded his atten
tion at home.1 Oregonian. ?
l - 1
TONGUK VISITS CHEMAWA
INSPECTS IUJILDINOS, INDUS-
TUIAL, DEPAItTM KNTS AND
ADDRESSES STUDENTS.
The Salem Indian . Training School.
located at Chemawa, was honored yes
terday with a visit from, the Hon.
"thios. II. Tongue, M. C, who thor
oughly Inspected .the industrial and
literary . departments,' noting carefully
the work being accomplished. . He was
linrtlcularly Interested In the newly
erected brick- buildings for which he
rccured appropriations in the House at
I the last session of Congress, and seem
tsd pleased and wen satisfied with the
i'ork ; done, showing that the money
Was well expended.,
) In the afternoon Congressman
Tongue delivered .an able and patriotic
address to the" students and - faculty,
urging earnest individual eflort on the
part of the puplU to master their trades
and acquire a good common - school
eflucation. He pointed out the fact tnat
the Government had given them a fine
Institution with all necessary modern
equipment and facilities, but that their
success at school or In the future de
pended on themselves, and their own
efforts to improve the splendid oppor
tunities at their command.
During the noon hour the Chemawa
Hand discoursed sweet music from the
band stand. ' ,
Congressman Tongue has great rea
ron to be proud of Cfcemiwa'i growth
and advancement, aa he has. worked
faithfully ench aeftslon to aecure morwjr
for the Improvements which have been"
made during the past five years, and
the Indians of the entire Western
( tates. as well as all : citizens' of Ore
gon, are -cry thankful to Mr. Tongue
and greatly appreciate his sucreimrul
efforts in bvhalf of the Salem Indian
Kthool. j ,
A PLEASANT SURPRISE
MR. AND
r URATE
MRS. SIMMONS CELE
THEIR 30TH WED- f
DING ANNIVERSARY.!
,A very pleasant surprlne took place
at the home of Mr, and Mrs. L. O.
Simmons, on South Commercial street,
this city, on Saturday evening last,
when a number; ol the .neighbors
marched InT uoon -them taking them
completely unawares, the occasion Ixv-
Ing the 30th anniversary of their wed-
dlny. ..'-. - ..-' i. ;J ; : '
The self-invited guewts i came well-
supplK-d with god things to est ami
a number of boautffdl presents appro
priate for the event The evening was
very pleasantly passVnl In tight nnd
humorous conversation, and, before de
parting. ' the guest lifted up. their
vorces in chorus singing "God He JVIth
You Till We Meet ? Again." In whl?h
the host and hostess Joined heartily. ;
xnose present were: air nn
j- f Beggs Mr. and Mrs. Ji Bayne.
Those present were: Mr una rs
mniw. Mrs. It. D.
T?b:lts.
Mrs. C.
;;. Lucas. Mrs. A. E. Miller, Mrs. M
, ,, Ci,i-,ii
Mrs.
Ehlndler
and Miss Chandler.
; v SIX. MONTHS IN PLASTER. ;
"NEV TORK, Nov. 10. After having
been encise.1 for six months in a plas
ter cast, which covered his entire body
except h'w head and the lower parts of
hi? legs, the Rev, Horace Porter, vic
tim of a bicycle accident, has returned
to Plymouth church., where he is assist-
a s-t
to Dr. Newel! pwwni
-hi-h occurred In 1S00, caus-
. , -ne. Ui of Mr. Porter's
Ds o thate was unable to stand.
n extraordinary operation, the cut-
r r.r&l moortint ligament
was performed and the pastor, after
Elk month, in a plaster cast. U now
able to walfe with crutches. These
probably will be discarded shortly. -
LcpaJ Blaaks, Statesman Job Office.
Legal Blanks. Statesman Job Office,
sons of the;;
revolution
Object of Organization Its
, Plan to Collect Histor
ical Data r
ciRcuiARjjrrr.ER p.eino sent
OUT TO ALL SCHOOLS TO,. IN
SPITtE PATRIOTISM ' IN YOUNG
OENERATION PRIZES FOR THE
REST HISTORICAL, COMPOSI
TIONS. : x
A circular letter Is being sent out
by the Oregon Society of the Son ef
the American Revolution, ' proclaiming
the objects of the organization, by this
meanj bringing It to the attention of
every person In Oregon. i f ;
The chief object of the Association
Is the gathering of ; historical data,
particularly pertaining to the 'Ameri
can Revolution, and, as a matter of
1 education, as well as to inspire patriot"
jlsm and love of country In the hearts
I of the younger -generation, these cir
culars are also being sent to th teach
ers iof all' the schools In the state, ask
ing them to present It "to their pupils.
In order to obtain the best literary
compositions upon the principal his
torical events of the Revolution, the
society offers some handsome and re
munerative prizes to the students of
the Oregon public schools. ' The -cir
cular follows:
"The Oregon Society of Sons of the
American -ftevolution is an organiza
tion composed of descendants of an
cestorsjjiho assisted In establishing
Amertcan Independence. Any male de
scendant of such ancestor Is eligible to
admission into the society. Its objects
are purely patriotic and historical. On
of them is to stimulate interest in the
hlstoVy of the American Revolution
and loyalty to Jts principles. For this
purpose the society offers thre prizes
of $25, $15 and 1, respectively, for
the best essay written by any student
In any publlr school In Oregon, on any
of the following four subjects: ',
"I. The BitUe of Hunker Hill. ;
"2. . The Burgoyne Campaign.
"3. The Trearfbn of Benedict Arnold,
"4. The Partisan Warfare In the
Oarollnasj Marion,. Sumpter and Pick
ens. .'-:,'."
"Essays are limited In length to
twenty-flva hundred words; must be
written on legal cp, on one side of the
paper, in the student's own handwrit
ing, and must bei accompanied by the
certificate of the principal of the school
attended . by the author, to the effect
that the author Is a bona fide student
of the school and has been In attend
a nee . therein not less than six weeks
(luring the school year of 1902-3. Es
says mus't be forwarded to the chair
man of the committee tn charge,. Wal
lace McCamaht, 34 Concord building,
Portland, so as to wch him nt ltj
than January 15th. 1903. In awarding
prize the committee will be governed
by these three-considerations:
"1. Historical accuracy.
"2. Manner of treatment.
"3. Orthography, g rammer, syntax
and punctuation.
"Any additional Information relative
to the competition which may be desir
ed will be cheerfully furnished by the
chairman of the committee. The es
say which Is awarded the first prize
will be published in full, with the name
of the author. the public press.
"Wallace; McCammant, ' chairman;
Willard II. Chapin, Robert. Treat PlatU
committee. s
"Portland, Ore., Nov. I.-ISOZ."
NEW SALEM ENTERPRISE
"(OLDEN RULE" MINING COM
PANY INCORPORATES WILL
DEVELOP MIKES. ! :
Under the title of the "Golden Rule
Consolidated Mining . &. Milling Com
pany,", a new corporation yesterday
filed articles of Incorporation in the
offl-e of the county clerk. ,
The object of the company Just
formed, is to ocquire by purchase, real
and personal property, mines, mining
property, water rights, mills, smelters
and refining works, and to develop
and operate miners of gold, silver, or
other metals, and to sell or dispose of
the "same. -.v
The capital stock of the company Is
1300,000. divided into C.000.000 shares,
at the par Value pL S cents per share.
The head office of the company will be
at Palem, though the principal business
is to be carried on ' In Lan, Douglas
and other counties throughout the
state. The following sre the incor
norators of record: " Wm. Wechter. A.
F. Homyer. C. L. Johnson, D. Ptein
rr ami C. Marsh.
TO BE REALIZED ,
ING-LOOKED FOR AND HOPED
FOR COTTAGE STREET
BRIDGE."
' f X
' V. J. Culver, county- commissioner
of roads, is drawing up plans for
bridge over .Mill Creek on North Cot
tage street. : -':'..-..'' t
Is the bridge which hs recently
been the subject of some warm discus
sions at the meetings of the city coun
cil, and at the last mating- of that
body It was ordered that the commit
tee on elreets enter into negotiations
with the county, through County Judg
John It. Scott, to make -arrangements
for the construction of this bridge.
The bridge will now b built In the
near future, the county bearing a part
of . the expense, which will amount to
something like $173. .
' A- GOOD IviEETING f-
Y. M. C. A. EXERCISES AT PRES
BtTERIAN CHURCH WELL
ATTENDED.
The T. M. C. A mass meeting Sun
day afternoon wss" well attended arid
highly appreciated. V '
The exercises were openea oy ;
short song service. W, T. Ketehum
leading. Full justice was done the oc- j
casion by the Stalwart Quartette and i
. . . '..''.: r : ' ' .
Uembers Chorus. Geo. ? C. Ritchey
printed In an able manner the work
of the Association In foreign fielJs. The
progress ot the work in the United
States and Canada was set forth very
satisfactorily by J. B. T. Tuthilh John
Fechter, Jr, briefiy outlined what Is
being accomplished herein the Salem
Association. . r '
Those present were much pleased
with the manner In which the Stalwsrt
Quartette rendered their two selections.
"The Beautiful City" and 'Sweet Sab
bath Eve." .
A.'
TENTH ANNUAL
CONVENTION
Young: Womens Christian As
sociation to be Held
' Here
WILi. CONVENE FRIDAY, NOVEM-BER-14TH
LARGE NUMBER. OF
DELEGATE'S TO BE IN ATTEND-ANCR-SOME
PROMINENT ORA
TORS ARE LISTED.
The Tenth Annual, Convention of the
Y. W. C. A. will be held In Kalem, No-i
Vcmber 14-K. Among the prominent
speakers will be: Mrs. Constance Mc
Corket. state secretary of- Colorado;
Mr. Reno Hutchinson, educational sec
retary, Portland Young Men's Chris
tian Association; Miss' Abby McElroy
secretary Portland v Young Women's
Christian 'Association, and Miss Louise
Shields, state secretary of Oregon.
Delegate will be In. attendance from
all colleges In the" state and from city
AsKoclatlons of Prtiand, also several
members of the state board will, bo
present. -
The Association of Wlllamjette must
provide entertainment for a-ll. Thy
earnestly request the co-operation of
all interested in the .University. Any
i.ne who can entertain one or more
delegates will be conferring a great
favor upon thus responsible by In
forming Miss Townsend of the fnct at
once. .
The list of delegates train the colleges
which have reported so far. are a fol
lows: - "
Ratine University Wavclle Cun
ningham, Una Wilson, Vein Jackson,
Harriet Yoder. Belle Rrock. Myra
Montgomery, Annie English. Mary
Bailey, Ethe Waters. Mary Tichenor,
Li via Ferrin, Anna Sorenson, Laura
Monmouth Llnnie Kaylor. Anna
Wagner. Edith Harrison, Maud Cox.
Mollie Petre. Alice Fischer, Lizzie
Early,' Bertha White. May Shofner.
Lulu Garrett. Bertha: Grigsby, Mrs. C.
G. French, Olga Olsen. Wllma Dalton.
Stella Crowley. Zella Crowley. . " .,
Oregon Agricultural College Etta
Carter. .Violet Herbert. Alice Edwards,
Ktfca. Fuller, Beulah Harden, Grace
Whlteman, Mae Smith, Elsie Canfield,
Sibyl Cummings.
Newberg Bernice Woodward, Carrie
"furner, Gertrude Minthorne. Berth
Nicholson. Lizzie Kirk. Nellie Paulson.
Chemawa Irene ' Campbell Dolly
Wiggins. Mrs. Caisse. Fay Charles. Ger
trude Brewer, Agness Itagnell, Lottie
Lane, Winnie Stoddard.
Drain Violet Brown.. Ethel Kelty,
Sadie Hatueld, Jennie Crawford. Mil
dred Smith.
Dallas Inez Allen. Evangeline Hart,
Ethel Poling. Ethel Ballantyne. Ruby
Willson. Ida Hodsell, Esther Savage,
Maude Hart. Lydie Campbelt. IIattle
Teats; ;Belle Eliot, Rebecca Hater, Eu
genia Phillips, Bertha Allen.
Albany Miss Lugger, Mabel Pen -land.
Miss McCoy, Edna Krotts, Edith
Van Dyke, Georgia Davidson.
Portland City Association Misses
Matilda Weiss, Abby Lewis. E. J. Mc
lntire, Sadie Brown, Bessie. Fox. Mary
Iewis Emma Buchanan. Bessie Strong,
Margaret Lobbe, Mrs. S. R. Johnston.
ACCIDENT AVERTED
QUICK ACTION OF HOUSE
MOVERS A DIFFICULT
- JOIl. -:
BY
James Trester. the house mover, was
having some fun .yesteruay in moving
a house for J. I.- Freeland across the
bridge over the race on South IThurch
street. The . house was one that Mr.
Freeland purchased several week ago
of Gen. W. It. Odetl. and stoo.1 on the
University grounds, qear th, Women's
College.
; It was started on .the nove last
week, and got as far lis the Church
street bridge yesterday mornlpg. The
house Was moved- upon the bridge
about 11 o'clock, when it was discov
ered that the brldg timbers Were not
strong enough to bear the weight, and
ail possible speed was made In getting
It back, and the feat was aeeompllshed
none too soon , to save the bridge from
destruction. ...
Heavy timbers were then laid across
the narrow race, and the mn worked
In the ral the greater srt of the
afternoon to get the house over. It
will be nlaced mr the lot of J. L.
Freeland, on Mill street, just east of
Church. -
IN CIRCUIT COURT
ONE CASE HEARD IN PART DI
VORCE GRANTED EDWARD
I JORT.
" In the second department of the cir
cuit court yesterday the case ol W, (I
Westacott, et aL, plaintiffs, vs. The
Washington National ItuilJIng & Loan
Association, defendant: a stiit to com
pel the defendant to surrender op a
deed and a note and to cancel a mort
gage, came up for hViring.anl, the
plaintiffs' testimony was taken and
submitted.
Edward A. Jory was granted a decree
of divorce from Josie Jory, upon the
ground of desertion, .and the court ad
journed until -. o'clock tomorrow
morning. , .
Judge Burnett of the first department
has cdjourned court until Wednesday,
Nbvetnber 2th, at o'clock, at which
time and upon which date the new trial
of, If-.e case- of O. I. Trotter vs. Towrt
of Stayton will be had- '
ST. RAYNOR
DISBARRED
Supreme Court Rules Him Out
, of the Profession in
.Disgrace
PUriSIIMENT FOR CONDITCT UN
IJECOM1NG YlIE PROFESSION
COURT SUSTAINS DECISIONS IN
OTHER MULTNOMAH COUNTY
CASES OTHER APPEALS.
State of Oregon, -Atx . rel., Grie vanes
Committee of the State Itar Assoc-ts-ticn,
vs. Henry ft. Its y nor, disbar
ment proceedings; -disbarment ordered.
Opinion by Chief Justice Moore.
Tlds is a proceeding instituted, by
the State upon the relation o( FM D.
Chamberlain. ; Milton W.- Smith, II.
W. liogue, Jsnxm Gleitoton and Zt-ra
Snow, constituting the grievance com
mittee of the Oregon Bar Association,
to disbar Henry St. lUynor, an attor
ney, for alleged unprofessional eon
duct. t U averred In the information
that one. Frank McDsniel. hiving: bven
indicted for true mUrUer of one Claire
Filch, retained St. Itarnor to defend
him and, a trial being had, he was
convicted of .Manslaughter snd Scn-
! tenced to imprisonment In the IVnl-
tentutry front which judgment he sp
peuleit. Th4t at the trial f eald cause,
tho tcstinjony was r'Mrttd by Miss
Lulu Morden. the oflUtal steiogr.tphrr,
who, -by order of the court Heiared
and delivered to St. "Itaynor,. a tran
script of the testimony of suh wjt
nenses as he demel mntissiry, ln lud
Inf that of Chief of Police I. M . Mc
Lnutlikn, of Portland, That Miss
M.rden also delivered ' to St. Haynr
a certificate to be attached tt said
transcript, to the effect that the same
was a true and commute copy uf ttt
testimony glvt-n ; by the witntwsj'S
tlurcln spwlfled.
That St. Itaynor wilfully caused two
type written sheets of Mclauchlun's
ttlmtny to le withdrawn and know
Inily sulmltt(H! two other sheets 'and
attached the ftrtiftcale then-to with
intent to irescnt It to the curt In
settling (he bill of - exceotion and to
secure front it a eertrfU-aw-m vouching
for the genuineness of the substituted
sheets.
A citation was (haw.A and served
uion St, Haynor and he tiled an an
swer siecislly denying the, material
averments of the Information whcri
uiion the cause was referred to A. L.
Venule, to take the testimony and sub
mit' it to the Supreme Court.
The substitution of thu testimony
having been dlswcrel by Miss Mor
den by means of ome carbon sheets
which wre borrowed by. Miss Kavan
augli. the sleiiogmpher, employed .by
St. Itaynor to do his work of substitu
tion, and returned, it was referred to
District Attorney Geo." E. Chamber
lain, who invcritlgjued into the-mutter
and. being satisfied that 'fraud had
been perpetrated caused th . dlslMir-,
ment prot-eedings to b brought.
After a careful summing up an.1
consideration of the testimony the'
Supreme Court was satisfied that St.
Itaynor -intentionally causeil the two
rheetai to be changed in the Interest of
his client that he might thereby se
cure a reversal of the Judgment in the
Supreme Court, asid that the punish
ment merits his disbarment snd was
so ordered. ' l
.
Ida M. Duntley. administratrix, ap
pellant, v.. Inman, Ifulsn Sc. Co.. re
spondent; ar'Pl from Judge Alfred
F.. Sears, Jr., Multnomah county; af
firmed. Opinion by Justice Rean.
This is an action for dainige on
account Of Hie' death of Marcus . II.
Duntley. husband of plaintiff, cbused
by the breaking of an Iron pulley In
defendant's saw mill, on ' August Zh,
1900. Duntley tM-ing running a planer
at the time. There warn no belt shifter
furnished jby defendant to shift the
belt from the loos pulley to Ihe light
one l tartlng 'th planer in niotlon.
and that duty had to be performed by
means of a stick in: the hands of the
operator, necessitating him, at the
time, to stand illrectly by the pulley.
In performing that duty.' the pulley
suddenly broke Into many pieces, one
fragment ttrlklngxDuntlcy on the
bead, causing him to fjll among the
machinery, where he was fatally In
jured. The "lower""-; court stru k out
that part of the complaint alleging
negligence on the Part of the lull)
company in not providing a 'belt shift
er, so the case was tried ron th alle
gations that defendant failed to fur
nish decedent a safe place to work or
safe or suitable applianciuAaftd tbt
the pulley was defective.'
The plaintiff trleil to sho that the
pulley was not Strong enough for the
purpose for which it was used, but the
court refused to admit the evidence,
A verdict in favor of the defendant
was found snd plaintiff appealed.
The opinion holds that 'the rule
which appHes against carrier to the
effet that the proof of Injury is prima
facie evidence of negligence, does not
apply to en action of servant agsinst
master. In trHs reasonulil csre
a sd diligence are presumed, and the
presumjtlon must be overcome wllh
affirmative proof. The other alleged
errors of the lower court are disposed
of. and j the general , judgment Is
affirmed. .
United States Mortgage A Trtwt
Company respondent, vs. Henry F.
snd Elisabeth 'A. McClure, ap;eilants;
appeal from Judge A. L. Frsxer. of
Multnomah county; afdrmed. Opinion
by Justice Wblverton.
This Is a suit brought by the respond
dent as plaintiff against the. appellant
snd two corporal Ions. Topas Iand
Company and Portlatxl SavlngM Hank,
to foreclose a mortgage on Commef-elal
block in Portland. It bing alleged
that these appellants are the only de
fendants having an Interest In the. re
sult. The aopelUnts petitioned to
have the case transferred to the United
States Circuit Court for the alleged
reason that respondent wa a citisen
of New York, but the petition was de
nied. Appellant then demurred . to
complaint, holding that respondent
should have alleged the power and
purpose of Its organisation, but the
court overruled the demurrer, saying s shooting himself through the heart th!
such anegatlon man not necessary. Apj afternoon. He had been In Uk- t!:
pellants then .answered, denying the several days drinking and pi-i,,;,, -Incorporation
f . respondent ; "or Its until all his money w; gone. II.a t ,
power to enter Into the contract. The a man here that he had b -en In 1 t:i
court found against the appellant ort Penitentiary at Salem.
their answer In abatement ' and t, j
refused the appellants the right - "'
swer on the merits of the case, ai l
from the dwiv of the cwurt follow li.it
theee rulings the apival Is taken.
The opinion holds that in view .f !!
parties Involved in the suit, as rh n
by the complaint, the lower court w .
Justified In rsfusal to transfer to tlio
United States Court. The ruHng of
th lower court In refusing permission
to answer on merits after demnrrt r
pleadings In abatepent is sustained,
as a well-exercised ' disx re t ion of I ho
coart.,
Stephen Williamson, ct si. partners
under the firm name of lt,lfour. Guth
rie A Company, appellants, vs. N-rth
Iacifla Lumber Company, a corjr.
tion. restxvndent; appeal from Multno
mah county; petition for rehearing:
denied. Order by Justice llean.
To cases were also argued and sub
mitted, ss follows: R. D. Rur kmsn,
respondent. , vs. Wm; -Ormun.l. arc '
Isnt; appeal from Union county, and
It. D.' Ruckman, respondent, vs. The
Imbler Lumber Company, appellant;
appeal from T'nion county; by C. II.
Finn for the respondents in both cam'
and J. II. Sister for the appellants.
In the case of J. Lrve. t al. appcl
lent, vs. Wm.' Frasier. sheriff, re
sHiuIrnt, .it was ordered an iaoilii
that appellants hare ten days addl.
t tonal time to file petition for re
hearing. Minor order were made in
other cases, a follows:
I!., Fisljer, atUjnt. Vs- Union
County, etnl.' resrtndents; ordered on
motion of H. nnn, attorney for re-
Lsiondents. that his time to serve !
file his brief be extended thirty da).
State of r"gon, resHunl nt. " vs.
Manny Howard. 4ptnIlnnt: nrderel by
the court that S!elluht have thirty
days additional tinu to serve and fil.i
his b4ef. ' , :; ". " .
RECENT FOREST FIRES
SEVERE I .OS SITS SUFFERED
TimSE IN RIMION OF
fi.Xmes.
11Y
In response to an lniilry frmths
Coivimbl.1 River and Oregon Timlvr
m.tnXflS tO'wh.Tt was the. ext-nt of th
jlkiaejv uli at i llt-.l .V v.wotit f.it out
rur Sl fsi aifir
ilres lnthe neighborhood, and as to
nliat reiHodies lie voul,l suggest fr
the prevention of a rerurrf tire of the
disaster. Secretary I W, Van Dvke, of
the Fire Re'lef Commit t'-e. addressed
the follou tng cotimuiiile.iUon the
Tlmlrt-iman: ' . -' '
The TltnlrmnnX It Is with pl.tsme
that I comply with your r.imest of Ihe
Jith Inst. Th damage done In Cl.-n V
a m. is i-ounty by the fire of S"ptnnb r
11-13 Is rather "hard to esllrn.iic. Tin.
eornmittee hj-re, of whieh your corre
spondent I secretary. Is gathering g.it
ms fast as fM.ssll.le, The Ihforouit Ion
I am giving you in this letter only cov
ers a territory of about . fortyXsquaro'
mlles that Is, a strip uhout ten inll
long rind about four miles wl 1. Th
strip lnclufls the settlements of Ktik
apoo, Roi-ky Plnt and, Spring:! ter. I
am unablo at this lime to give the -es
sustained nt Reaver Cr-ek.' High
lands, ..Viola and other" oinls In the
i-ounly: but I may In ths near futur
1m' able to supply The dfi lenr y. " In
the neighborhood of whh h I peuk, 1 ol
i.triiM in rjitye iosi in ine lire, ami ineir
'tosses range from 125 to t2."00. We
have estimated the loss so fir at t'iT;
545. bui. thes -figures will Ih revised
some, and the total amount will be In.
i rcas-d a few th"Usan l dollars. We
hrt ve not estimated the loss to orchards,
fruits or tlinler.: The loss tn fruit will
be about 11.200, nt preslit pHres ,f
dried prunes and apples. The lolal
amount. tis ulNive does not mean what
It will tost to .rebuild., hut. about the
cash vajue of the old buildings '-and
fences, neither have we estimated the
decreased value of slot k, caused , by
the forced selling of the snine. made
necessary by the total destruction of
h.iy and grain In many lustiness. To
Ik fair with those who h.ive lost. I will
say that $100.to will bnreput them
In as good a condition as before the
fire.
"Now," a word as to the Umber. This
part of 'bit k.tm.is Is nU rwMed for Ita
first t lass timlM.r, for, as a rnU. ths
Irfes are short and very llmhy. I find
by close Inquiry that ijIkoiI ten s
t-ns have leer burned over, 'anu w ith
the exception of about two selons,
the timber stum pa" would ammmt to
no more than for cord wood, A good,
fair estimate of Hie loss to linilwr
would Im- about I7.500.- probably Jo.oon..
ftoa feet, and this would make fair
lomlier I? sawn In the next three' or
four years. -
"Wblle the people"- of - Sprlngwater
and vielnily have received cottsldfrablo
sld from Oregon City and elsewhere In
th way of clothing, money, . t0., for
their Immediate wants, yet rriu h suf
fering will he experienced leforf next
spring. While losses have ?ern very
heavy. Insurance has beerr light, as
"fly a few were Insured, and then for
only a nominal sum.
"I admire the position you are tak
ing in regard to setting out f..tt
fires, and could you see the devastation
to the farmers here from Hie arel ss
ness of hunters and i airiicii with llwlr
fires, you woull say that a Jaw mak
ing It a inlsd-ir.eanor to hunt or put
out a camp fire during the dry season
would he alKMit'ihe proper thing. tJIye
us nw.re stringent- fire laws-then ctll
out the army and navy to enforce them.
Hespoctfslly. U W. VAN D1TKH.
"Secretary Sprlngwater Firw Relief
Com mi tl.ee.
Sprlngwater, bre'" Oct, IT,- 1002."
movement Is on fofd to secure,
legislation, during the coming 'session
of the lyeglsl.'iture. ujon a rnea),ur
which I Calculated to reduce the Ux.
es by timber fires to a minimum by Im
posing severe penalths upon anyorm
who. by burrdng "slashings" or nif
Icctlng lo extinguish camp fires during
the dry season. Is responsible for their
origin. 1 4
CASTOR I A-
Tor Infant! and Chilli t
rt3 Kfci Yea Can Ab:;s t:r)
eam
EX-CONVICT SUICIDES.
RAKER CITY. Or. Nov. 1 6. -J .!. n
Allen, a laborer, commits! stildl.. hv