II u rrnzriLT oncco;? statesman. Tuesday, decemder ic. 1902. x' ' EIPROVELIENTS IN THE CITY Rain Has i No Effect Upon De- v sins of Those Who Are Building MANY NEW EDIFICES HAVE JUST BEEN COMPLETED AND? MANY "OTHERS IN DIFFERENT STAGES . OF CONSTRUCTION SEVERAL NEW CHURCHES -BUILDING. . f From Saturday Daily.) In spite of the rain, every week sees new i . buildings 7 started in ' Salem. xnouga mis is not just the proper lime of year to (hurry buildings to completion, as dry weather cannot be leper for for several months' yet to ccme, the building: ffoesr right on. just the same.; .j T- -X' -:' I'-- A tripg. around the - city yesterday found a number of buildings In all stages of construction, j though the leavy rains for the past few days have teriously interfered with' work, and on most of the. new houses ihe working forces have laid off all the week. The framei work on C." li .McNary's new ' dwelling on Court street is all done, but the wet weather of the past two weeks has prevented the work irom being rushed, and ' though the itof I.rready for shingling, nothing In that line can be done until the arrival of dry weather, and little can be done r.nlfle until the ?hlnle are lai This Is " a .two-story dwelling, and, when completed, will be one of the prettiest houses 'In the city, r Farther east on Court street. Dr. D. F. Lane Is erecting a neat six-room cottage adjoining his residence. It is a. single story structure, though of handsome design, and will be a very I letty addition to that already popu lar locality. ! - ; i i . " On Winter street, a short distance from Court,! Otto Krausse has begun tlte erection of a ' modern dwelling which adjoins his own residence at Die corner of Court land Winter streets. This house Is not very far advanced, ihe foundation having but recently been laid, i This is one of the prettiest locations in! the city, and no doubt .he dwelling will be made to corre siond ,with ithe surroundings." x When fnlshed It . will be occupied by Mr. and Mrs. Louis Lachmund. . Out in East Salem on Eighteenth street between Chemeketa and Center, Mr. Jane Walker is having the finish ing touches' put upon, her.', new, resi dence.! J This is but one if; syeraljnew houses ierected in that part- of the elty during; the past summer, but there Is not altiore artistically designed dwellr irv iWlthat' nrt of town than Mrs. WalkeVwflf have 'wfiefflt'f i 6tifp!etf i Three new churchea have made their appearance Inside the' city limit dur ing a many months and: while all are -not completed, work is being rushed as rapidly the weather will permit. The United Brethren in Christ have just completed, very cosy little church upon their property -at the corner - of Fourteenth iand Marlon streets. .This r.ructure has been 1 completed . and tainted, and what a few weeks ago Appeared to the passer-by as a deso late corner has been transformed into a place of worship. . ' The (Mission Workers several weeks pgo began the erection of a place of worship on Twelfth street, and owing to the extremely wet weather, little progress has been made for the past month. The frame work Is up, .how ever, and as soon as the rainy .season is at an end th -structure will be c;i!lckly completed. , "The members of the Second Church of Christ. Scientist, are building a roat ani commodlou house of worship tn Chemeketa street, near the city .all. and when this edifice Is finished it will compare In point of beauty and resign with any place of the kind in Salem. The outside work Is all done and the Interior is now readj, for tt, " i. i- nected that the bulld- li g will be completed Inside of thirty H:ivil : ..' . i THEY iWERE REJECTbD SAIGON MEN IN ALASKA DBSIRB BAB PRIVILEGES IN X. M. C. A. (From Saturday's Daily.) inn iinx. ...... - Douglas Island, Alasaa, ar " Ing in establishing a Young Men J Christen Association with a I3,0)0 building ta Treadwell,to beope n day and night for their empldyes. .The building will be opened o"'"." day and will contain recreation rooms, gjtmnaslum. bowling alleys. snjoklng roorn. and a lecture and ente--tajnment hall. .; . A. W. ReW. formerly general were : try of the Association at Kalamazoo. Michigan, and for several years en gaged in f ? conducting fftion' atnong miners and soldiers In A'aska. k niide a canvass of the men In tne . mines. Eighty per nt of the em ployes signed for membership at Ji month, which it was agreed should D taken from their pay by the company. The town, like most new. mlrun towns, has no amusements other tnan those afforded by the saloons and dance balls In the neighboring tow.n8- 4 The several small churches a mile dis tant, are almost powerless to attrs men or to minister to their soctal needs. The mills never op except on 1hristmas and the-Fourth of July, and the miners work on ten hour shifts day and night and know no Sunday, j Violent opposition to the establish ment ofthe Association was shown the saloon and gambling house Keep ers, and even threats were made on Mr. Raid's life.' One of the saloon men. looking to: the'main chance, and not knowing the stuff the Young Men Christian f Association Is made of. offered $500 a month for the "bar privi leges." Another would KTlve $200 a . .... i -.11 n mnnlnz A "uiH 3 WtV - "black jack" table.' The company fur nishes light, heat and water free of cost, and will give a site for the bund ing at the most central point on the company's ground. , , MAJOR HANCOCK IS PARALYZED. WASHINGTON. Dec. 12-Major John Hancock, chief ot the stationary divis ion of the Pension Bureau.' father-in-law of the Director of the Census, and a relative of General WInfleld .Scott Hancock, was stricken with paralysis at his desk today, and is In a serious condition. RUHLIN 13 WILLING. NEW YORK. Dec. l-Robert Fit Simmons' recent announcement that he is ready to fight again has brought forth a quick reply from Billy Mad den, manager of Gus KuhJln. Madden says FUzslmmons can meet Ruhlln and get $2.50d from the Penn Athletic Club, of Philadelphia, for a. six-round bout. The . offer also holds good for Jeffries. '" .. - WORK OF THE GRIM REAPER Mrs. 0. G. Savage Cut Down In the Prime of Life BORN IN OHIO AND RESIDENT OF CALIFORNIA DEVOUT CIlftBS TI AN, LOVING MOTHER AND 'WIFE AND GOOD NEIGHBOR MRS. HEFTY 'AND MRS. FARLEY. i (From Satsrday'a Daily.) Mrs. L. E. Savage, beloved wife of Mr. O. b. Savage, who resides at No. 413 High street, passed .away at 8:12 o'clock yesterday, morning, ; after an illness of five weeks' duration,'' . of a complication of stomich troubles, aged 6lt years and 7 months. V Loretta Elroy Purdy - was born In Holmes county, Ohio, May 12, 1841, and was- married to Milon Johnson in 1875 and moved to California, where Mr. Johnson died on September 14. 1890. ' Mrs. Johnson continued to reside In California until on August 23. 1893$. when she was united In marriage to Mr. O. G. Savage, with whom she came to Salem end has resided- here contin uously since, jr.-' ' J;r '- ' fk Mrs, Savage was for many years a devout Christian and an active member of the First M. B. church. Possessed of a kind, charitable and sunny dispo sition, an affectionate wife and help meet and a (fevoted I and Tindulgent mother," she' was 1 beloved by all wbb kn w ; her. :andf ' her; . ; meniory, g will ibe forever cherished by a large circle of friends. . t , ' k. Beside 4 a son-owing Thu'sband she feayes two daughters; the, 'Misses Effie and Annie Johnson.' "to4 mourn her sud den demjse.,- Th funeral services will be'h'eld at the First M. E. church, at ducted by Rev. ' John Parsons, and burial wlirbe haXintne'Odd' FelWW cemetery. ; . t tl ; . :'. ' ' Death of. Mrs. Hefty. ' '": Mrs. Sophia Hefty, the aged mother of Mrs. Eugene W1UU, j ; formerly . , of Salem, but now a-resident of Portland, and the late Mrs, John C Booth, of this city, , died in Portland yesterday afternoon. The remains will be brought to this city tomorrow (Sunday) morn ing, on the 11 o'clock train, where the funeral cortege will be formed and proceed to the City View' cemetery, where short services will be conducted at the grave by Kv. Geiser and inter mnt will bo had. ' SKIN TORTURES And all Forms of Itching Scaly numoura ininny Relieved and Speedily CURED BY GUTICURA. Complete Treatment (l),conslsU of CCTICCRA Soap, to Icleansa the skin of crusts and scales and soften the th Ickened cuticle, CirrdcBA Oim Msvr. to instantly allay ltchlnjr. Irritation, and Inflammation, and soothe and heal, and .Ctrnctnu R-int-vsarr Pilij, to cool and cleanse sufficient to cure the most torturlnjr. disflmring, itching, burninff, bleed ItSricll ruste and pimply ho mours, when all ele fails.' MILLIONS USE CUTICUR A SOAP, f?TSS MriU. ftwdesnstt-sealisa-rtsl P llarralllnff hair, for tu,ulg the hind for bly ttrhing. and rwhes, ill.h. fur nnoyinn lrritaUor.su4 chfli.?S 0f ttt toilet, btun, mmA nanerj. P. HwK.mr Itlui ChocolAta Costeat t"trVorttie crVtimtetl liquid cap tum, no.r. tvu Own aor. t, Orm9. . " MRS. RANDALL GETS DECREE Judge Boise Rules Llngwall Was Not Innocent Pnr i chaser SHOULD HAVE MADE INQUIRIES OF; TENANTS IN POSSESSION OF .PROPERTY BEFORE BUYING DEFENDANT MUST REFUND RENT MONEY. i Yesterday Judge Boise decided the case of Bessie Randall and Bessie O. Randall, a mnor, plaintiffs, vs. C. G. Llngwall, defendant, la favor of . ta plaintiffs. L This suit was brought by the plain tiffs to have a deed made by T. J. Randall to the defendant. Llngwald, cancelled, and require the defendaat to pay to the plaintiffs all rents col lected by him of O. O. Oans. the ten ant' on the premises, which consist of the east half of block 39 and the east half of block 34, University addition to the city of Salem. r; ' . Judge Boise found the facts to be that in 1888, O. RandauV then being the owner of the premises, conveyed them to his brother, T. O. Randall, and that this deed 'waa recorded; and' that in 1891 T. G. Randall reconveyed the premises to his brother, O. JP. Randall, who went Into possession of the prem ises &nd rented hem to G. G. Gans in 1893, who has ever since occupied the premises, paying rtnt monthly to O. P. Randall, until the latter was acci dentally drowne while attempting to cross -Rogue rlvi?r In Southern Oregon In, 1898.. ".-f-",'- ,. :r:-" . i -,-O, P. Randall neglected to put his deed from , his t rother, T. O. Randall, upon the records, and T. J. Randall, learning of this facU,-old the premises to the defendant, Llngwall, soon after his brother's death in the spring of 189; The plaim iff, Mrs. Bessie Ran dall, soon after the death of her hus band, procured letters " of administra tion and included the premises In dis pute in her Inventory as part of the estate of her deceased husband, O. P. ! Randall., and, so soon as she discovered hat her deceased husband's deed was not of record. ' commenced Immediate search for it arrd finally found it among some papers which her husband had left with a railroad agent In Southern Oregon, and she immediately had the same recorded," but Its record was some time after the record of the defendant, Lingwali's deed, who claimed to be an Innocent purchaser of xthe property, f At the time he procured his deed from T. J. Randall ! he came to Salem from Portland and . went with Tj. J. Randall to view the property, but he did hot go into ihe dwelling house nor make any inquiries of Mr. Gans or any member of his .family a to. how. be waa holding possession. of the premises, although he saw, that Mr, Gahs add his family were in the actual, open and visible possession of the property. Judge Boise held that ,hen the de-. fendant, Llngwall, saw that Mr. Gans 'wait tn possession of the property that it waS his duty to make inquiry of the' parties m'' the actual possession as to the ownership of the property, and not having done so he could not claim to be an .innocent purchaser, without no tice that the title to the property was in the heirs-at-law of O. P. Randall, deceased, and not in-, T. . J. Randall, from whom he was purchasing It. , Judge Boise . found that the plaintiffs were entitled "to a de cree -tor tne. cancellation ot tne deed from T. J. Randall to the defend ant, ' Llngwall, and . recover rents col lected by the defendant- from G. G. Gani, the tenant, less any money paid out by him for repairs and taxes. Tllmon Ford and W. T. Slater appear ed for the plaintiffs and John II. Hall appeared for defendant. . , Mechanic's Lien Suit. Judge Boise yesterday rendered judgment' for the defendant In the suit of Ferdinand Haselbacker, plaintiff, against Anton Gehrman. defendant, td foreclose a mechanic's Hen. The plain tiff (claimed to have performed labor for he defendant In the capacity of a carpenter, and, having filed a lien against the property for an alleged bal ance of about $50, brought suit to fore close the lien, and. apply the proceeds of the sale of the property to the sat isfaction of his claim. In deciding the case Judge Boise held that there was but a single ques tion, involved, and that . was as to whether or. not the work was per formed at an agreed price, or was left for a settlement at a reasonable value. In this particular, he found that ' the Velght of the testimony was In favor of the defendant, sine the plaintiffs main witness failed to substantiate hie contentions,' and, the further , natural oustom that a man ordinarily has some definite understanding with workmen as to the probable cost of an undertak ing before It is performed. The court held that the plaintiff failed to estab lish a lien against' the defendant, and ordered the case dismissed, and , the coX.b assessed to the plaintiff, who ap peared by M. E. Pogue. The defendant Was represented by Bonbam a Martin. . -' :- -ri-i Motion to Strike OuL ' -.. In depirtment No. 1 of the Clrcutt Court yesterday. In the suit of Theo. M. Barr. plaintiff, vs. Cornelius Spore and Henry O. Robinson, partners com prising the firm ot 8rore Robinson, and. Andrew Martin. Hanson and Her man D. La n don, partners - comprising the firm of Hanson ft Landon,, defend ants, a .motion was filed br Hanson A . LandOn, the defendants, for an order: striking out a portion of the complaint and also requiring the plaintiff to elect whether he will sue these defendants jointly as alleged partners of the other defendants, or upon their alleged in dividual liability. . This suit was instituted several days ago by Theo. M. Barr to recover the sum of $3,212.70, alleged to be due upon slate roofing, sheet metal, steam boiler heating apparatus which he alleges to have furnished the said defendants for use tn the construction of the Govern ment building at Fort Columbia, Wash-, Ington. . 7 : i - '7. " Granted a Divorce. :wN In the divorce suit yesterday of J. It. Long vs. Bertha: Long, Judge Boise rendered a decision granting a divorce to the plaintiff. - ' if : : IMS Becaue there is such an magnificently prepared as it is possible to make WE NAME A FEW Notice our Court street win dowa, These dainty little things are sure to please. We have them in many shapes, plain, hemstitched, embrolderled and lace-edged, prices from fie up. : lilMfFS Santa Claus has made his headquarters in our basement, where you will find everything new in Dolls, Toys and Games to make the little people happy. Bring them along, and don't fail to see our toy window on Court St., iand guess how many tooth picks are stuok into the apple. The first nearest guess recorded gets the large beautiful doll. Come often and guess every time. MAIL 0RDEKS WILL RECEIVE PK0MPT ATTENTION. ' AN OMISSION FROM CODE Important Law Overlooked and Left Out of New s? ' Compilation ' COMPILERS WERE UNDER THE IMPRESSION , THAT SECTION HAD BEEN REPEALED, BUT AT TORNEY GENERAL BLACKBURN HOLDS THAT IT WAS NOT. ' r if, The new Oregon Code,' com piled by Judge C. B. Belllnrer and W. W. Cot ton. ha been iMoed. Thl code was authorized, by .the laqt Legislature and hereafter will be ved in he courts U) the" lace oCi the- codes heretofore., In uiie. 1 One thousand, copies of, the. code has been delivered to the Secretary of u-. .! - --- . -.....'-".'. ' state and win Jte aistnoutea py mm. new code is In two volumes and comprises 1,850 pages. The .index is Very - full : and complete.- far surpassing any of the previous -codes in thl re spi? .The Index, reference, are to actions instead of to pages as In pre vious5 codes, i Each section Is followed by annotations referring to -both, the Cregbti Reports and the Pacific -'.Re-iorter. : 7 A close examination of the new code, however, has disclosed the fattt that one of the laws passed by the Legisla ture of 1889 is left out. It is section one of the bill know.! as HouseB Bill Sit. found on page 94, General t-awt of 1899, prescribing the duties and com pensation of the State Land Agent and j fixing the price of lien lands. .It wasj evidently omitted because of an under- j standing in the mir.ds of the compilers that it was repealed bs Senate Bill 126, passed at the same session and ap proved one day after House Bill 319 w as approved.. - - As soon as the discovery was made the matter was-referral to Attorney General Blaclurn for" his opinion as to wether saii enactment had been; repealed, and that officer, after careful review and" comparison of the laws and jhe authorities, declares that fn his judgment it has not been repealed, but fs trt full force nd . effect. . He r calls Fltebtion to. the fact that all depart rients'bf the State Government have recognised the force and validity ?f ile law in question. ,the Governor by rpointlng an ofHcers under that law end sanctioning Ills acts, the Legisla ture by making appropriations at that cession and the subsequent one for the suppert of said officer, the Secre tary of State by auditing claims there under, and the State Land Board by giving effect to the work of the Land Aeent. The Attorney-General in con clusion says: V :' , These two acts were paslsed at Oie rime session of the Legislature, and It !s said in Smith vs. People. 47 N.. 830, that, 'statutes enacted t the same session of the Legislature should re ceive a construction If possible which will give- effect to each.' . I am. there fore, strongly Inclined to the opinion that It was not the Intention of the Legislature to repeal Sestion 1 of House Bill 319, and that It waa not re pealed.", . . .-4- ,, TO HAKE BINDbR TWINE EUGENE BOSSB 7 SATS OREGON FLAX WILL MAKE BEST ... IN WORLD. ' y ery few people realize ' th areat Importance of the &ax Industry and what It means to Salem, the Willam ette valley and the state of Oregon heh, the success of the experiments which, are belne mrriMl An u. gene Bose for the Pacific Coast Flax and Linen Company, 'is established beyond a doubt. - That ft will fee a suc cess. Mr. Bosse is perfectly satisfied In his own mind. but. In view of the numerous handicaps he was placed un der this year, and the many difSculties which he was obliged to encounter and overcome, which resulted In the fiax maturing too late in the season, neces sitating? the cutting of a portion of the crop by -machine,' the test was not con sidered a fair one, although the quai raw extensive variety of new and beautiful things. Our store is to' supply all wnta, and our stock is as thoroughly complete it in an np-to-date store. - OF THE MANY ITEMS OF INTEREST: GLOVES Make a splendid present for women. If you don't know the size we will exchange, or give you a glove order, so they will surely be right. A fcood glove ran be had from $1.00 un. Our 1.50 glove is guaranteed. v DOLLS' HATS -The Latest Styles, Only 1 These Hals are put up with the same taste and care as ladies hats of high grade variety. 7 We simply arrange the 'price so low that all the little folk can buy dolly a hat for Christmas, and alsoadvertisc our Millinery Department. Neckwear 256. the best values ever giv . en in Salem. j Silk Handkerchiefs 25c, initial corners Laundry Bags, Doilies, Filo Silk. Batten .. , burg Patterns, in great variety ; t ,-. - an4 low prices. Rubber Tovs for the babies, they are al-7 ' .' . ' ' most indestructable. pry G ; : Next boor to Ity of the fibre. Is excellent, and he de sire to give it a full test the. coming year. The flax, or most of it. Is stored in the warehouse at the old mill and will not be processed until, spring on ac count of the climatic conditions and the Inadequacy of the facilities at hand. Mr. Bosse could not work his flax up now nor did he so desire, and would the climate permit, for the re cent flood swept the Improvised dam from the creek and robbed him of his power, but' he says this will not Inter fere with his work when he gets ready, for, if necessary, he will - substitute steam or electric power. ' ' He is already making' preparations for next year's work and has many things already tinder way which he does not care to make public at this time, but one thing he did say. and that was that, by a series of tests be had discovered; that the fibre of' the Willamette valley flax was far super ior In strength to the Manilla fibre and he asserted that it would furnish ma terial for the manufacture of.) .binder twine right here in Salem such" as would be superior to any other. Includ ing the Manilla twine, and at half the cost. Thl fact In Itself la sufflctent to warrant the establishment 7 of a plant here 11 for nothing else. , Mr. Bosse has many other things which he Js keeping secret for the time being and which be says will sur prise the natives when given to' the public - The. United States Department of Agriculture has , contracted with Eu gene Bosse, manager of the Pacific Coast Flax and Linen Company, to grow here next spring and turn to fibre twenty acres of flax. with , seed the Department baa ordered sent di rect from Belgium; Russia and Hol land. This Is an Important recognition- of the Willamette -valley and Salem - aS the future Belfast of the United States. . - .r : , .. . . ' .". This will do more than any other one thing could do to extend the knowledge o ftbe wonderful fitness of this valley to become the future flax -grow Ing and manufacturing center of America. FOR HUSBAUD AWD SON MR9. BALDWIN. OF PORTLAND. PLEADS FOlt PARDON WITH GOVERNOR GEER Mrs. Geo. Baldwin, f Portland, ap peared before Governor Geer yesterday to plead for the pardon of her husband and son. George and Wm. Baldwin, who are serving terms of two nd one years, respectively, In the Penitentiary, upon, conviction of the crime of man slaughter. In Portland. In the case of the death of Frank Carliwn, which was caused by a bldw in the solar plexus delivered by young Baldwin during a fistic altercation. The son . was con victed of. the crime, while the father IS SO EAST AT- ax WNrre 4ic Only the latest styles, pat tern and ailks are ahown, apd ' we carry a complete line to se- ; lect from. Priees ranging from 25o to $1.50, according to qual ity and style. the Poit Office was adjudged an accessory before th fact. In witnessing- the encounter an.l urging his son to inflict vPunlshiru-nt upon the victim. Instead of interfTinsr In the fight. "' Governor Ger would take no action In the matter except to alitov th pe tition papers to be taken back to- Port land for the purpose of .aec-uring a7ldi lonal snd more Influential Hignaturrs thereto. l LABOR ASSORTMENT OF FRKNCir IIAnr AT GEO. O. AlLli MWU! STOItlV " IS HER FATHER'S CHILD. MINNIE BRUGGEB, rftACTICALLY , CUT OtT BY JACOB BHUa GEIt. CONTESTS WILL. IIILLSHORO, Or, Dec. 13. Con tost proceedings have been commenced in -the county court to. set 'aside-the will of Jacob Brugger, who died In this county a year ago. leaving an estate valued at $25,000. v Brugger left several hundred dollars by will to charity. Th ' charitable institutions named in the will were St. Vincent's Hospital and, Orphans Home, Portland; St. Mary's ' Home, lieaverton, ar.d the county poor farm of HlUsboro. The remain der. of his property is devised to his children, and 150 to Minnie Brugger. Th win does not state that Minnie is a daughter of the deceased, but she claims to be,, and alleges that Mr. Brugger was not mentally fit to make a Willi that he had been 111 so long that hi mind had become Impaired, c Rh. further alleges that the testator wn unduly prejudiced against her by rea son that others sought to make hija -believe that he Was not her father. i nose who knew Jacob Brugger say he was of sound mind At the I making the will, and that there ai- i pears no good reason for setting it I aside. C ASTOR I A Tor Infants and Children. ffca Kind Yea Ran kteznt:;?V Bears the 7 ijjnattsrf of. CONDITION OF MARTINDALE. WESTON, Or, Dec. 12. Princlnnl James Martlndale. of the Eastern Or-fc-on State .Normal School, still llnjrrr with a condition somewhat Jmprovf-1 over what it was. For a lon tir-T there was thought to be no hojw f..r the . Normal's new head. Prinolii Martlndale came here- from -Albany. Ills condition is still grave. MS '.I i