WfTEKLT OREGON STATESMAN, FRIDAY. JUNE. 13, 1902. Headquarters for Fencing. . Woven wire tr.tH-JUg for alt .urMr, at nt price. Hniooth Mire l.r !K.p eie. --nleuce . ' f! i;.jjrt rf. 8a'era Money to Loan ; On Improved farm ami city 1rjrpprt at lowest rates. t ,f v THOMAS TC. FORD, Over La4d & Dash's Bank. Falem. Oregon. , k . , Throuirn personally'conducted tour 1st sleeping cars between Portland and OMcaK'o, once a week, and between Og--den and Chicago three time a, week via the K--n1e line. Through Standard. sleeping? 'carr daily between Ogden and Chicago, vis he Scenic line, t L'...; Through Standard sleeping cars daily between Colorado- Springs anf fit. IjOUi.. Through Standard and tourist steep ing cars daily between San Francisco and Chicago, via Jxw Angeles and El Through Standard sleeping ears and rhalr cars dally between St. Paul and Chicago. ' . Be sure that your ticket reads via the "Ireat Rock Island Route. The ben and most reasonable din ing car service. -. L. a OtmilAM. General Ajrent. . . nrjr. v. nAiNTER. Traveling Passenger Agnt, ,2r.O Alder St, Portland. Or CH1NESR Drug Store I carry all kinds of Chinese drugs and medicines. Hoots and herbs nature's medicine. Good for all kinds of sick-m-ss. Cures opium habit. Good Tor th- blood and kidneys. DR. KUM DOW WO, ' C24 J.ilrty Hlnt-i r Kalem. Oregon. & i. J.ouis Dlue Semi-Porcelain Crystal. Gold Tableware at . Keduced Prices rMour wlndiw. Fruit Ktrainersaml. Washers 'J'n: The Variety Store. . U4 Court e't." Antioi'a Af.'tVefcli, Pr'hjV gi Si'i ILLINOIS 1 1 an 1mMr(ant state and 51.9 per Cent of its population is located on Ch'tvaspn, ti;e preatest , com mervial oetit-r of the West, is Ut rcat'l-e! from the North west by this famous railroad The Northwtstero limited v Daily Iieiween Minneapolis, Ht. Paul and ("htvajfo in the , vr of all fine trains FVw Viwest rates, time o I trains sad full inforination write to C. S.HK AT. ILL. MSI. Kit v. . , 1 Traveling Art.. -. Agent, ' 124 AlUersu, I'urtlaud, Or; , ;, , 3J Organixed' 1894. Sl !I3,MM?0 Insurance In force Saved out members In 'OS $S7.487J!4. H.A. JohssM lalem. OrSk Agent for Marlon Co. ACCIuadier Sec'y. Or. Capita! National Bank Of faJem. Oniy Nafional. Bank in Marion County. TrariHacls a general Liank4u business, . ; Saving Department Pays interest on saving accounts, r 0 vw ex. jassirrs g f . . S ' -n . . .... v -j. sx.Mt. bias 7UW B.r. bi. Se Bar r tk. tit. x Mm I SMsMUf SjlilSSI tpW ASM! - ' Til. MnauH . - . TiKir cteij ?" " r34 -" f vv;: , FRANK SMITH IS TROUBLE Is Charged ' With Forginjrra Name to a Registered i Letter Order ALSO FORGED NAME TO BANK DRAFT FOR $100 TAKEN BACK TO SEATTLE BT UNITED STATES OFFICER TO ANSWER TO THE CHARGES. " James 1 F. S?mith, better known as FrankSraltH, a son of Z. T Smith, of this cityj has been taken to Seattle by a United States Marshal, to answer to the extremely grave charge of .forging bis name to an order for 'a registered letter and to forging his signature to a draft In the name of one F. J. Smith, for the sum of 3100 and drawing the money on same. ' s According to the story, as told ty Frank Smith himself, he. was at, work for the street railway company in S attje about a. year ago and that he and a companion were out having a "good time." and that they i became slighty under the Influence of liquor, . JFIe went to the potofTice and found a registered letter notice In the name of F. J. Smith He took this notice, ; applied to the Registry (Tlerk, signed a receipt for the letter with the Initials of F. J- Instead of his own, J. ; P., received the letter, and, upon . opening It, found . that It contained a bank draft fox $100. This he presented-to the Bank' with the sig nature of "F, J." Smith attached, and re--Ived! the money. After "he sobered up and came to a realization of , wha he had done he was too fearful of the consequences to confess up and stmlghlen the matter out. so like many ottrs vi ho hiave made serious mis. takes inf their lives and did not know how to jrectlfy It he kept the matter nulct in; the hopes of It blowing over. ; He returned Jo Salem shortly after ward and 'obtained employment as a lineman; and motorman for the Salem Light. Power & Traction Company, which txitiou he had held forse-eral yars previously and has remained In the company's employ ever since until he was .tanen to Seattle on Monday to answer j to the charges, by United States Marshal A. A. Roberts. Whllej rvpairlng the line at the top of,a teU'graph ple, near the Florence Sanatorium, about a month or sir we-ks jipo. the polei broke oT at the bottomland fell to the ground upon Smith, crushing his ! foot arid he lias been In the hospital nursing that mem ber ever since. For several months, ever since the registered letter was dis covered to have fallen Into the - wrong hands, ("the Government sleuths have been working upon the case until at last they traced it to Smith's door, and he was not aware that they were after him until confronted", with the charge 'and placed under arrest. He owned up to the whole matter and conid offer no explanation for his act except that he, had been drinking and did not fully realize what lie was doing. The young fellow expressed a hope of straightening out the money matters of the ) case, pleading guilty to the charge iand plead for leniency, with the hope of escaping 'with a light jpun fshment, but the United tates courts arp not much; given to leniency arid his many friends fear that be will be made to suffer for his offense, but will do oil they can to assist him by helping him to establish his previously good char acter before the court. , , This "unfortunate, affair has come as a- great , shock to his father, brothers and sisters, "And also to his many j friends in this city. He has lived in Salem tne greater portion of his life, is a first class and steady workman, and has always borne an irreproachable reputation, and it is thought that some evil Influence; was brought to bear up cm him to cause him to take the unfor tu na tei step to get i Into this serious scrape.': 1 : A SPECIAL OFFICER ; John ! Longeore was yesterday sworn in as a vspecial police officer to serve the Quaker Medicine Company during their month's stay in this city. The company has agreed to compuensate the special officer for his services. Every woman loves to think of the Urns when a soft little body, all Iter" own. will nestle in her bosom, fully satisfying the yearning which lies la the heart of every food vsmaa. But yet there is a black cloud hoverinr about the pretty picture In her mind which fills her with terror. The dread of childbirth takes away much of the Joy of motherhood. And yet It need not be so. For sometime there has been upon the market, well-known end recommended , by physicians, a liniment called ' . , : Elopers fftend which makes cbrkEbirth as simple and easy as nature Intended it. It is a Strengthening, penetrating liniment, which the skin readily absorbs. It gtes the musctes elasticity and vigor, prevents sore breasts, morning sick ness and the loss of the firlisa figure. - An tatellfgeat mother la Butler, Pa., sarst " Vr I to ned Mother's Frind mgiB, t would obtain 0 bottles if I bad to oy $3 pr botU tor It." Get Mother Frln4 t the drag store. SI per bcttM. THE mUDfCLD CCCUAT03 CO, - : t i AXleeta. Ge. tTrtts Ut mm tnm ICttnte! book, - Time ISO 10 Absolutely: Pare" THERE iS t0 SUBSTITUTE IT DEVOLVES UPON MARION To Furnish the Tools and Ma terials for Building the State Roads BILL CONTAINED TWO CONFLICT ING CLAUSES. BUT ATTOI&tEY i GENERAL HOLDS THAT LAST ONE WAS THEWILL OF LEGIS LATUREHIS -OPINION. A - j (From Wednesday's Dairy.) ' ' Senate Rill No. 79, passed by the last Legislature, has been found to contain two confl feting clauses! This bill pro vides for the improvement of the public roads leading to and from the state In stitutions and section 2 of the act pro vides that the superintendent of the penitentiary shall furnish the teams and convict labor! for the work, and also authorizes him to furnish all of the necessary tools and : machinery to build the roads. Section 4 of the same bill provides that the county court of Marion county shall provide all gravel end other material land the necessary tools to do the work. "In order to set tle the question as, to which is suppos ed to furnish the material and tools, Governor Chamberlain submitted the matter to Attorney General Crawford, and Mr, Crawford has rendered -the following opinion holding Marion coun ty in duty , bound to furnish every thing. ". ; . , f- . ; . ; "Referring to yours 'of 1st lnst rel ative to whether underthe provisions of the act-.S.R. 79, laws-1903. page 113, the superintendent of the Oregon State Penitentiary can buy ."materials, tools, et&, out of the funds, appropriated, or whether the same must be" furnished by Marlon county; permit me to say: the question is very difficult of solu tion; section 2 of the act provides that the superintendent is further author ized to purchase necessary plows, picks shovels, rollers, and other appliances and materials necessarily required In doing said work by convict labor, then section 4 contains a proviso that the county court of Marlon county shall provide: all gravel and other material and necessary tools to carry on said work. .' i ' !' J ' ' "I find by making Inquiry at the- of fice of the Secretary of State that the latter proviso was not in said bill when It was first presented to the Legisla ture .and that It must have been add ed during some stage of the proceed ings by which "it became a law. As I understand the rules of construction of statutes and writings, "the following are fairly well established; that If a paper is partly : written and partly printed, the written ; matter controls, and If two laws are repugnant to each other the latest expression of the leg islative will controls, and if, two parts of the same law are in conflict, the lat ter portion of; the act controls. - !VhIle technically we might not be permitted to go back to the origna) bill to determine whether it was legal ly passed, I am of' the opinion we ca go Daca to k as an aid in oetermtntng the legislative will,' and applying th principles, and from the fact that the Legislature amended the bill adding the proviso to section 4,sprovidlng the county' court of ; MarionXcounty shall provide all gravel and other material, 4 and necessary tools to carry on said work, that was evidently the intention of the Legislature or they never would have amended the bill; therefore It is my opinion that Marion county should furnish all material and tools, except the superintendent may hire or pur chase teams if necessary and I suppose when it says teams ; It also includes harness and wagons with which to use them, and the other tools and materi als should be furnished by the county." V SHEEP KTTJiKD BY HAH U EAST LAS VEGAS, N. M. June 10. -Word comes from the Sapello valley of the severest hail storm on record. The ground was covered to a. depth, of 13 inches, and many of the stones were larger than hen's eggs. . Alf&lf- was beaten to the ground, other crops rain ed, "and many sheep on the ranges killed. It Is thought no human lives were lost, though fear Is expressed tot the safety of the sheep herders. It m still raining in torrents In this section. IN PROBATE COURT ; Upon the petition of J.J A. Levesque, Nicholas . Becker -was yesterday ap pointed by the county court as admin istrator of the estate of Andrew Arens. deceased. His bond fd the sum of $1000 was approved by the court. The es tate of the deceased consists "of person al property of the probable value of $430. Joe Aicher, John Stirber , and Wenxel Stirber were' appointed as ap praisers of the estate. Mary EL. Green wood, guardian of the person and es tate of F. G. Tolle, -now deceased, filed her final account - In -the. estate, and Saturday. July IU 190S. at 10 o'clock . m., was the time fixed by the court for GILLOGLY IS NOT GUILTY Charged With the Hurder of Wade Herrick on Feb ruary 28, 1903 . AFTER ONE" HOUR'S DELIBERA TION JURT RETURNS WITH VER- dict for Acquittal DEFEND- - ANT SET UP PLEA OF SELF-DEFENSEMARION county; bots. . SOUTH BEND, Wash-, June 9. The case of, the State of Washington vs. Wm. GiUogly. charged with murdering Wade Herrick, came up -for trial In the Superior Court in ; this city Tuesday morning. It took all day Tuesday to get a Jury, the regular panel being ex hausted, and a special venire being or dered. ' ' " The defendant and his victim , were both raised In the mountains near Sil ver Creek Falls, in Marion county,' Or egon, and had both been working near Menlo. in this county, for about three years prior to ; the tragedy. Young Herrick Was a. brother of the county surveyor of Marion count v. Oregon, and was well liked In the neighborhood where he lived. The defendant also stood high In the estimation of all who knew him and the fact that' two young men, scarcely tof age ,who had been friends for many years, engaged in mortal combat, vio lently shocked the community in which the tragedy occurred. ? . . From the' evidence adduced at the trial it appears that the boys had fal len out about two years ago and that on several occasiorrSjHerrick had offer ed to whip GillogJy, who refused to fight. At one time Gillogly left a dance to avoid trouble with Herrick: and on several occasions Herrick watched for Gillogly and avowed his Intention to "do him -up." Herrick also threatened to kilt Gillogly and alleged that Glllog ly had lied about-him. - . On the night of February 28. Herrick and GiUogly met, In the country store, at Menlo, where the time was passed b those congregated "there, in telling stories and smoking cigars until about 1 o'clock,-when Herman Wilson and Gillogly started for honlie. Herrick rushed out of the store jnd overtook liiuogiy and said: "isow is a good time to settle this trouble," GiUogly stopped and Inquired: "What. trouble ? and Herrick replied, "those d d lies you have been telling on me." Up to this' point the testimony of all witnesses agree, but as to Just what happened after that' the evidence was eonnlcting, S."V. M. Buller, who was nearest to the men. testified that Her rick struck first, but this was' denied by others. The fact seems to be that mere was a general mix-up between the men .for possibly ten seconds, when Herrick cried out that he was. cuL and Gillogly broke away and ran down the road. " It was found that Herrick was badly cut. one kidney being severed and he was almost disemboweled. Herrick lived about thirty-six: hours, when -he i . j, , . . j uiru in greai agony. The sentiment of the community. was much divided on his case, and It was hard to get a Jury to the satisfaction or. the state, and defendant. ; The case went to the Jury at 3:40 p, m. today, and, after being out until fi o clock, rendered a verdict of "not guilty. - . The state was represented by Attor ney General W. B. Shatton and Prose cuting Attorney H. W. B. HeweTu L. IL McMahon. an attorney from Salem, defended Gillogly. ; His Last Hope Realized. (From the Sentinel, Gebo. Mont.) In the first opening of Oklahoma : to settlers in 1889, editor of this pse per was among the many seekers after fortune who made the big race one fine day In April. During his traveling about and afterwards his camping upon his claim, he encountered much bad water, which, together with the severe heat, gaVe him a very severe diarrhoea. which It seemed almost impossible-, to check, and along, in. June the case be came so bad he expected 'to die. ' One day one of his' neighbors brought him one small , bottle of Chamberlain's Col ic, Cholera and Diarrhoea Remedy as a last hope. A big dose was given him while he was rolling about fin the ground In great agony, and In a few minutes the dose was repeated. The good effect of the medicine was soon noticed and within an hour the patient was taking his first sound sleep for a fortnight. That one little bottle work ed a complete cure, and he cannot help but feel grateful. The season for bowel disorders being at hand suggests this Item.' For sale by Dan J. Fry. Sa lem. Ore. . . o WILL BRIKG HIM BACK BERT STACT, LOCATED . IN SAN FRANCISCO, IS "WANTED 4 ; , FOR BOBBERT. Upon the application and Informa tion of District Attorney John Man ning; of the Fourth Judicial District, Governor Chamberlain yesterday . la sued a requisition upon Governor Par dee, of California, for the return of one Bert Stacy, who is now said to be in San Francisco, California, and la want ed in Portland to answer to the charge of robbery from, the person. 4 The Information of H. F. Copland, the private prosecutor, alleges that, at about 11:30 p. m, on December 24, 102, he, Copland!: was held up upon the streets of Portland, by two men, who, at the point Of a .pistol compelled him to stand with his hands up while one of the pah went through his pockets and relieved, him of bis gold watch, of the value of 140. ' The watch bad his Initials and name' Inscribed inside the caeeand was found in the possesai-m of one ffi-T, ZuLi An Investigation de veloped that Bert :Stacyr--the fugitive, had sold the. watch to one James Mc- Quade, who, in turn, transferred tbe preperty for a consideration to Zui. Detective Frank nowjsr appointed state s agent to present tne papers ana take the prisoner ia charge for the purpose of bringing him back to jus- Portland lias increased In Population About . 15,000 Souls During the last Year . . . , ... It will become a great cm ly. Uit that part of llr Mly which i- devel oping most rapidly, ami will t!iUuntj all illwrs in -int t raphl growth, la the Ouburb St.Jo!ins r This suburb lies on the "Willamette Ri vr Mvr be WMjjes (4 mlnates by electric, line to the center f the -H y) tv U t iw- on iy IN it I land suburb having a deep ship c'jaiinel and wilf ln i.r, and f Hlilhs for commerce by both river autl railroad. In A.iil. lWMlw. U & N. Co. completed its line to St. John, and theivbv itriMt I hi -u.i "for commerce." Since that time ita gnw-h has been .h-iMu.i!.t. .. population has doubled Vnd trebled. At that time there n- t nn i -industry in the place. : Now several mills are in operation, one i iifr ing completion and othens are breaking ground; but the greatest event , in the history of the place was the location of the dry dock at St. Johns, . which took place a few weeks ago. This In itself is a testimonial to the superior commercial advantages of the place, and Is a prophecy , of its future, for shipping must congregate about the dry-dock. In less than two years time we have obtained industries occupying over, four thous and feet of water frontage. The work of building these plant alone cannot be completed until Fall, and in the meantime homes must lie built to hous" the laborers In these new mills. There is not an empty house in St. Johns. The growth of this place has only just begun.. Jt -has a great stretch of unoccupied water frontage superior to any . other in the city. This water frontage will build up a great town. Da yea want to participate In the profit which Is coming to parcbasers of St. Johns property, Lots $150--$200 , $5 down $5 per month Water mains laid on the tract. Abstracts of title "furnished Hartman Thompson & Po wers 3 Chamber of Commerce, Portland, Or. We Pay This Veck In Trade 16 cents per dozen for.Eggs . 35c per square for Butter : Less 10 per cent for Cash SPEER BROS. State Street The largest buyers of country produce in Willamette Valley. Speed and Ability to Produce It. Diablo 2:Q)9H4 SIRE OF Sir Albert S. 2.033-4, Clipper 2x06, DIodlne 2il01-4- v-; 'J Daedalioii, 2:11; El Diablo, 2:11; Tag, 2:U; Hijodel Diablo, 2:11; rnferoo, 2:15: Diablita, 2:15t; Gaff Topsail, 2:1G; Imp, 2:191; N. Ii. B. (2), 2:21; Itey del Diablo (2). 2233 ; Jrferna, 24; Althablo, 2:24 J; Hazel D., 224f; Mera- monte, 2342; Irene, .. Dan Derby, 2:06 , " - . .. Sirs Charles IX rby, 230 Much BeUer, 27H Derby Prineeo. 2.-08; ' Diablo. ' A ad I more ia 2 30 cl Will make the season, beginning Jane 1, 1003, "at Oregon Stale Fair Grounls. - ' , ., v - TERMS FOR SEASON $40.00 Qood pasturage, best of care taven, but no responsibility assumed for accidents or escapes.- Address ' UILLIAM MURRAY. The Imported German Coach Stallion Pylos, No. 1753 D.ser I afloat Pylos l s nry dark bay with blaes potata. no white. He U 4 yean old thit rprinf ; is 6 hand high and we'shaji-UO pound. He has fine style, good anion, with ibe Terr beat ol ieca and feet, and ia certainly an Ideal horse in eveiy reirpect. The German Coach Stallion la no loose an experiment; it baa been fully demonstrated that no other breed of eoaeh borne wiU aire from all kinda of marea, the rlaea of bones now being proaocee by tnem. Tney get the aise, eoior, tyle and the beat of all. the extrte knee action, and at ail the markets demand the hirheat price They are the finest eoaeh horse. 1 the world, the result of breeding in one Uie for s rteat length of line. They run in height from 16 to 16 hands high, welghins; from 1SS0 to U0 pounds. They mature very young and are fit for work at two years old, ana for breeding par pose tbey are horses that produce all about one lite, all dark, deep eoior, and are the only gen uine coach and general purpose hone. Being so purely and strongly brtd, they reproduce themselres with wonderful certainty, and in the eolt yon see almost ta image of his aire. This is not surprising vbn we know these nones nave been so careruuy orea in one- line by the German a-OTerament for several hundred yean, and are probably tbe fjurest bred hose mat UTe. I nm get oi milsu norses is ine mww erervoue, as he has Uie color. size, stylat, S'lion and finish. , Terms:. $30 to Insure. Money due when mare Is known to be la, foal. changed bands or remored from county. Will snake the season of 1903 cs follows: Monday MeirinnviTle. Tuesday McMlnnville. . Wednesday McMInnTlDe. Thursday Zen (Crawford "Farm.) ' Triday--Salem. Baturday Salem. J. IK. HENRY, Owner, ' McHInnrllle, Oregon.- ' HILIfS' STIllLIOI, "JIBOLIEi" a::, , 29631 Will stand for mares tbe coming season at ear ner ol Ferrr'and Liberty streets, for peJirrs and parttoilsrs call on ; DB. W. LONG, Teteriaery Bnrgeoa. Phoae2S61 8alem Or, 036ra.UC2a;s) ' Tla ls Ya Hja A.t;tt tTt rfesatbs LJf SSI" " Dan Derby. 26 '" Diablo. 2 :09? ' 'Kit, 2 124 EaTaffeHy.2:ldH' lM.m Bertha..,.. ' By Alosntrs I. Jay Elfllrt(ai!J v ' Fair Grounds. Or. The richly hreS Wilkes Stallion V . i :.. t A l Broedfieart, 35668 Is "a Black Stallion It hands ' high", ' weight 1175 pounds.' He Is a magnifi cently bred stallion, every crosa in his blood is well known, to the racins ' world. He . Ia one . of . jthe grandest yonngr sires on Uie Paclflo Coast, for style and beauty be cannot be excelled anyw here, and with but .little handllne' , showed a 1:19 gaXU He Is Just they horse to breed to to . set' trood sized road horses as well as race horse.' Ilia, first crop of colts Is just coming, on. They are extraordinary good look- - ' era and weU formed colta. A number of bis colta can be aeen at the Fair Grounds. ; .wf"'r .'';;' Broadheart was ttred by VeClanahait 23177 onol Roy Wilkes 2. -b by Aarion Wilkes, by Geo. Wiles, by HamilUmlan 10. Flretdata;, Mire Gokldost by Fero 2'2!i, son of Idol 44 sir of : Fkiol 2:04. ee . Beoond dam Vanny GoUJdurt by Guide 1197. sire of 14 dams of 17.ia the hut.' Third dam Kit by Golodust 160, sire of LodU GoiddnM 9:lV. rleety Golddnst2), etc. Broadheart will ma a tbe season of 19(8, until . July 1st as follows :-Fah-groaorts, Oregen, from Krtday cyeniog toToeeday aoon. Tbe balanee , of tbe week at Wood bam and Habbard until ' July 1st, tbe balance ol the summer at , sir- -grounds, at tM by the season, with nsoal return ptiTilegeu Money da. at end of season. Good pasture and good ears will be siren mares at 1UM per moBth,but will not be re- sponsible tor accidents or escapes. . : W, X T22INE, Manager, lr t : rairgnwinda. Oregon- ALBERT JJtA Tl Hubbard. TJie ' Kfateaman's v Christmas" . Flanrtff Contest' is already pen, and.lt will - s 5 Ki i. hearing same. ' ' 1: , ' '." af soon be In fuU' b'.ast.