Weekly Oregon statesman. (Salem, Or.) 1900-1924, March 29, 1904, Page 3, Image 3

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jfot the Original Mr. Dooley , . , ;
Mike Dooley, a native bora American
aged 25 years,- tras Saturday night
brought ; to the asylum by Sheriff
Ftorey of Portland. Ho was committed
at Fortland but his relatives live in
Montana. This -was not the original
.Mr. Dooley, yet he was out to cause
trouble, and as he alighted from the
train, gave Sheriff Storey the slip, and
caused the ffieer a foot race before he
again got him in his clutches.
Statesman Estate Appraised . r
O. West, G. E. Waters and A. Huek
rtein, the appraisers of the estate of
G..W. Stutesman, deceased,- filed their
report in the Marion county probate
court yesterday. - .- The estate, consist
ing of personal property only, was ap
praised at $G50. The sale of personal
property made by P, N. Lathrop as, ad
ministrator of the estate of Charlotte
WYstcnhouse, deceased, was confirmed
y,y the court. , V . . ,
Wife Alleges Desertion
An action for divorced has been filed
in department No. 2 of the circuit
court in which R. E. Carmiehael in the
plaintiff and D. Carmiehael the der
f endant. 1 he parties to the suit were
amrricd at Edwardsburg, Michigan, in
June, 187.1, and the : plaintiff alleges
that the defendant deserted her in
Tone, 1898, and has ever since lived
apart from her. She asks for a decree
dissolving the' londs of matrimony ex
isting between herself and the defen
dant and such other relief as may seem
jiist to the court. C. L. McNary is the
plaintiff's attorney. -
"Was a Good Day
Three marriage permns were jssuw
by County Clerk Roland yesterday, the
documents being as follows: George
V. Leonard and Mrs. N. E. Daniels;
T. IT.' Brewer, witness; James O. Gor
don and -Fannie Montgomery; J. -6.
Young, witness. William A. Lovelace
and Agnes M. Bagnell; Joseph M. Tea
bo, witness. . , . i
Teabo Goes to St. Louis
Jo Tesbo, the .doughty little Indian
ba.-ball player" from Chemawa, who
'caught" for the victorious Raglans
throughout the -season, last year, has
signed with an Indian team from Okla
homa, and will be one of the attrac
tions in Lasc-ball . during the World's
Pair at St. LouisI"- Sam Morris, the
Eaglan pitcher, left several weeks ago
for Oklahoma to join the same team,
and prevailed on the management to
.ign J , Teabo as the only man
whom he 'would Tie satisfied to pitch
for. Toabo " will leave Wednesday
morning for Oklahoma, City, and ex
pects to be gone from Salem about
eight months.
Died in California
Word w-s received in this city yes
terday afternoon to the effect that
Adolph Baker, for several years super
visor of the State Insane Asylum, and
quite well and favorably known in
this city, had died in San Andreas,
Canifornia, on Friday morning of last
week and that the remains were given
interemnt at the same place on Sunday
Mr. Baker, while employed at the asy
lum, contracted tuberculosis ; and was
forced to resign his position on aecount
of it and seek a dryer climate in hope
of overcoming the disease, , but the
dread malady seems to have secured
too strong a. hold upon him and his
valient fight for life was of no avaiLr
His death will.be the. source of great
regret to his host of friends in this
eitv. ' 1 :
. t . -
Likes the Rain 1
A new comer from Colorado Springs,
Colo., was in the Statesman loffice yes
terday, and he was pleasedrytn, the
rain. (This is the first mai seen for
some time who was pleased with the
rain.) The. reason the new comer id
nlonan.l vith 1Iia mill is that he ha
just come from a very dryplaee. At
Colorado Springs they had I been hav
ing dust storms nearly every day just
before be left. To get ineo a place
where . there are, no . dust stornw
and where everything is J. not
dried tip is a relief. If
change that is appreciated. There are
worse things than rain. I' would, b
hard to convince a great many Oregon
ians of this fact just now; but even
they would bo crying for rain if wd
should, by some oversight of the weath
er clerk, have continuous sunshrine for
three or four weeks. f . i -
Digging Under tfie Wall
The contractors who are constructing
the new Breyman building, next north
of the Statesman: office, or rather who
have been trying .to do the excavation
work for the new building, found on
yesterday that the front part of the
north wall of the Statesman building
was settling; This was due to the heavy
rains that have kept the ground wet
where the excavating was being done.
The contractors nave now constructed
a roof next , to the will, and will pro
ceed to brace'it upland build their foun:
dation, rain of shine. ' They will go
deeper than? the foundation of, the
Statesman building, in order to provide
for the basement for the new building;
therefojeffleXoitjMT 0
their foundation to the original founda
tion f the Statesman.' building. They
'."-'. r 1 ". .. -
will do; this by using jack-screws! and
uawmflg jj It was
originally intended. tiave the M new
cwg iinisue,- so that J. L. Stockton
& Company could have the use of their
new addition to their store in th bit
ter; part of May. ? The contractors will
have to "go some I in order to get
their work'dini v. t. t' j.
- ' ' " uc xvuni ok
July, The Stock
- --- --- , v fi us SJT3 VUC
of the fineftt and roomiest in all Oregon
when the new' structure is ready for
them. : . . '
A Victory to'b'lrond Cr v
is the final and absolute cure of a sore
throat,' in which the rawness and tender
ness nave been spreading dangerously
near thOHA milrillsna 1 ; 1
The luxury of a sound throat and robust
rungs is moss Keenly enjoyed by people
wh having suffered all the consequen
ces of t"a little cold, yon know,' have
been rescued from misery and danger
by Allen's Lung Balsam. , , "
;V I - t .. '
'(From Saturday 's ' Daily.) -Now
Entitled to Vote
j ' Max Matti renounced his allegiance
to Emjieror William of 43ermanr before
County Clerk Roland yesterday and de
clared his intention to become a citi
zen of the United States.
rive Tear Hop' Contract .
; TW contract filed on Thursilaj b
iween; Wnj. J. Gulden, of Brooks, and
George A. La Vie, of New York, was
a continuous "contract for 8000 pounds
of hops yearly for five years the price
to be'paid being, 16 cents for the 1004
Crop and 12 -cents for the crops of
1 905, 1 906, 1 907 and 1908.
To Deliver an Address
State Superintendent Ackerman will
go to Portland this morning to attend
the first annual meeting of the Mult
nomah County Principals Association
and Teachers' Progress Club, to be held
in the parlors of the Unitarian church.
Mr. Ackerman -will-deliver an addres
before the meeting. - He will bo accom
panied by Mrs. Ackerman.
Coming on Every Train ;! ..
Henry A. Townsend, immigration
agent of the Harriman lines in Oregon,
arrived ra the city last evening in com
pany with several families of immi
grants, lie is the busiest man in the
country, and finds plenty oi people who
uesire xo come to Oregon, du isays
every train is loaded with immigrants
who seatter 6ut over the state.
. ;
Paid a Friendly Visit
G. II. Hill, Grand Commander of the
Knights Tniplar of Oregon; Dr. A. N.
Smith, A. ML Knapp, Henry Rowe, IL.
L. Pittock, Senates- Georgo A. Myers,
D. G, Tomasini, John Dukehart, J. W.
Cook and Prof. Thomas Crawford, of
Portland, came up on the local train
last j evening and paid a visit to Do
Molay Commandery Knight Templars
at tho regular meetig of that lodge.
Mrs. Downs Adopts Child.
Proceedings were held in the Marion
county,, court yesterday through which
Mrs. Veronica. Downs, of this eity,
became the legal parent of Dewey
Dobson, a minor "child aged five years.
Mrs. Downs had petitioie! the court for
the ; adoption of the boy, the petition
being accompanied by the written con
sent of Mrs. Annie Blanchard, the
mother of the child, and of C. A. Plan
chard, the etep father. Mrs. Blan
chard secured a divoree from her first
husband, John Dobson, on July 2, 1903,
and later became the wife of C. A.
Blanchard. - " ,
More Immigrants Arrive
Henry A. Townsend, Southern Pacific
land and immigration agent arrived in
the city last night conveying a number
of , families who ire seeking new loca
tions in the Willamette valley.: Among
tho party' were Messrs. L. D. Pierso'n,
J. H. Coledge, X. S. Scritehlow and
their" wives, of Mapleton, Iowa. They
wilt visit Saleni for a few days, and if
not satisfied wfll go on to some other
point. ' Mr. Townsend did not ditch the
party at the depot, as might be expect
ettjbut accompanied them safely to
hotels or friends, 'before hunting te
freshment himself, although the train
wap late and he ,;was4 ravenously hvn
The Arbor Day Annual
The State Board of Education yester
day, grlyited a state diploma to E. H,
Whitney, principal of the Tillamook
public scboobi, and a state certificate
to 'Miss! Anna G. j Wright; of Yaquina,
b)th upon examination. Superintend
ent of Public Instruction J. II, Acker
man yesterday -.- afternoon issued : his
annual Arbof Day proclamation to the
different counties of the state. The
proclamation's Jbe same aa that issued
hist year, ' in the form of a pamphlet,
with the exception that Arbor Day
comes unon "Arril 8th this year instead
of the 10th' as was the case Ust year.
The principal feature of the Arbor iwy
pamphlet is that It contains the extract
of the state school laws which pertain
to! the observance of that day in the
schools ami directs proper , exercises be
prepared in remembrance of the day
i 4 (From, Sunday's Daily,)
Issued Another Permit "
, County Clerk Roland issued ft mar
.t Turmif 'voRterdsv ' to David S.
Martin and' Lillian Alexander, theaf-
. T ' T .- las
fidavit being lurmisnea Dy x.
ander. . -: .. :.
Is Not a Candidate-. '' '
A. B. Jones of .Mission Bottom, who
has been mentioned in connection with.
the nomination for sheriff on the Ee-
publieaa ticket was in the city yester-
uay ami stat eu positively that he. is
not nor has not' been a candidate for
this or any other office, and that -his
name nas been used without his per
mission.'. " ': ,'' --i'-T'.- .v-
-.(.":..... . m . , .. w ' : "
Serionsiy Bndsed ' V-t. -My
f The following is from ' the- States
man's Lake Labish .correspondent, un
der date of Friday; Harch 23: Ray
Perkins,. the son of Mr. A. G." Perkins,
met with a painful accident this morn
ing while ; endeavoring to capture a
squirrel perenea in the topmost branch
es of a tree. The - young - man had
climbed to a height, of fifteen feet
when a limb broke, precipitating him
to the ground, ' and seriously bruising
him.'. . ; : j . i ;i
, Our Friends, the Druggists.
' It is a pleasure to testify to the gen
erally high Character of druggists. But
because of a few exceptions to the rule,
it is necessary to caution the psblic to
be oa guard against the imitations of
Perry Davis' Painkiller. See that yon
get the right article, the soothing, help
ful Painkiller that was used in your
family. befoVe. you were bora. , Don't
be talked into buying "a Aubstitute.
There is bnt We " Painkiller, Perry
Davis. , l '. ' ''": -An
Easter Egg
" Mrs: Sophie Weber;' of Salem, has
sent to .the Statesman S egg of un
usual size.. The egg was laid by one of
Mfs. Weber's Minorca hens, one that
took first prize at a Washington fair
Tho egg' la question measured nine
inches around one way and seven and
thre-quarters inches the other way,
and its weight is three anl seven-
eichths ounces. It will make a splen
did breakfast on Easter morning for a
member of fne Statesman foree, " and
that is 'the1 disposition Mrs. Weber ex
pected would be nuule of it when she
sent ii xo iiiia oiucc. .
. (From Sunday's Daily.)
The realty transfers filed for record
in the Marion county recorder's office
yesterday -aggregated the consideration
of .fl5,J0;j, as follows:
L. A. and L. Grantz to Riehard
Griffith. 81.42 acres in t 6 s,
r 3 W; wd .... ..... 3,200
M. L. ones, et ux,- to L. A.
' Grantz. 81.42 acres in t 6 s,
r 3 w;.w-i. 2,soo
E..M. Wait,i by administrator,
to Samuel Hutchinson, lots 2,
3, 4, 9, 10 and 11, in Hamp
den Park: addition to Salem:' ;
ad. .... i-. 2,100
Sarah A. Schofield to Samuel
C Robv. lot 6. block 81, Sa-.
lem: wU ...... ...... 2,000
Rosa Bernard! to Lueile Swecpey
lot 5 and fractioanl lot 6blk
ID,' Salem; wd. 1,900
B. F and S. E. Hall to W. and
Ji. Den nies, ,49.98 acres in t
7 and 8 s. r 3 and 4 w:
wd. ........ ........ 1,630
Th'os. and L. Skaife to Samuel .
Ames, et sLJand in Silverton;
wd 1,300
P. W. and E. Reas to Noah
Ilershberger,1 3.36 acres in
Marion conntv: wd. 230
Fred P. Hurst to Nathan E.
Cole, lots 10 and 11, block 4,
Hurst's additio nto Aurora;
E. A. and, E.' M-. Eddy, et al,
to Ednornh Woodward lots 6,
7 and 8, block 2, Eddy's add
ition to Salem1: wd. ...... 75
Trustees Liberty Presbyterian
Church to B. L. Dorman, land
in Marion conntv; wd. . . GO
Rosa Bernardi to J. A. Ber
nardi, ; land in block 10, Sa
lem; qcd, . ....
L. O. and E. .T. Barron to
Christie and Butterfield, lot
1, in Cowl's Central addition
to Woodburn: wd. .......... 1
M. and C B. Young to Anna
K. Mickel, one ' and one-half
acre in Woodburn; wd. ..... 1
Jas. L. Contu to Christine Coutu
. land in block 38, Gervais;
ocd. 1
(From Saturday's Daily.)
The realty transfers filed for record
in the Marion county recorder's office
yeterdajaggregated the consideration
of $14,390, as follows;
B. S. and I. C. Beafl to Anna BV
Ilofer, land in Central "addi
tion to Salem; w d . . . . . . $3750
A. 1 Jr, and A. B. Ilofer to
R. S. Bean, lots 1, 2, 3, 4, and
5, block 4, in Frickey's addi
tion to Salem; w d 3300
A. and E. Balster to J. and L.
Konig, 40 acres in 't 8 a, r 1
w; w d iU . .'. . .... . 1840
A. and Z. M. Parvin to Henry ?
- and M. Neoens, 5 acres in t 8
, a, r 3 w;wd... ............ 1600
N. O. and if. Tokstad to L. fit
Xorgard, 25 acres in see 7
t 6 s, r 1 w; w d ,3400
W. T. Gray et aL to Hiram Smith
let 4. block 35,' in University
addition to Salem; w d ...... 300
Total . wm $14390
(From Sunday's Daily.) , . ;
The directors of the Salem Oratorio
Society have engaged some of the solo
ists for the coming May festival.'; Mrs.
Rose Bloeh-Bauer will sing the so
prano solos during the entire festival.
Mr. J. W. Beieher, tenor, Jir. Irvine
M. Glen, bass, and-Prof. W. P.. Drew,
baritone, have also been engaged for
principal solo parts.; ; V .-'.", ..'
Arrangements are bemz completed to
provide for a large professional -orchestra,
which will be one of the greatest
features of hte festivaL . -
The chorus is arefully rehearsing
every Monday night, with the deter
mination of making the chorus equal to
the orchestra- It - is highly important
that every singec should sacrifice all
other interests on Monday night in
order to attend the rehearsals. Every
absent member adds to the labor of the
other singers and the director. All
members are urged to make a - special
effort to be present tomorrowaight.
Money Makes .the Law and Law' Makes
Money For the Law- ' -yers.
: ,
Editor Statesman; ; . 1 i , .,
While there is so much bcin said
about law, local option, etc., I would
like to make a few suggestions about
".tAW. K- '.f - -: - !':' '
Law is .for lawyers and .lawyers are
for law. Both are for the gazaba who
should be in the penitentiary, "but has
money enough to keep him out. ; Neces
sity knows Bo law, wherefore lawyers
know no necessity. Their wants are
liberally supplied because the wants of
their clients are more' liberally supplied
by them. Lawyers take up law as a
profession and lay, it, down as' the gos
pel to those who have no law of their
own. Those who have money have law
of their own, because monev- makes law
for them the same .that law makes
money for the lawyer. These thoughts
on law are about as .clear as mud,
which is altogether proper, since it is a
muddy subject and the practice of law
consists largely in throwing mud. When
you understand the manipulation of
mud yon are readyto go to law land
get into a muddle. ' Yours truly,, ;N
(From Saturday's Daily.)
Salem Should - Contribute a Thousand
a Year to the State :
- - Fair, i '.(' ...
Editor Statesman: V
. The State Board of Agriculture in its
last annual ' report names among its
assets some six or . seven hundred dol
lars due from the Salem Push Club. I
hvae not the report in hand and can
not give""the precise sum. That board
is composed of honorable men, and cer
tainly would not charge the Club; with
what it did not owe. It. must have
assurance of its payment or it would
not have placed and . published it in
the table of the board's assets.' In
deed the. Push Club collected of citi
zens a few hundreds of the, one thou
sand assured, Jts members can do no
less now than chip in and pay the
balance, for its own credit and that
of Salem. . The town ought to willing
ly contribute $1000 a year towards the
expense of the State Fair. What oth
er town would not gladly do itf ;
It Would Be Better to Wait for the
Regular Census Tsk
- . .' ing.
Editor Statesman:
It is proposed to take a so-called
ceusus of Salem, at the expense o fthe
city treasury, partially or wholly. The
state law provides for the taking of
the census by the- assessors in 1905.
While that will not be expected to be
perfect, it will be more reliable than
an estimate by a committee, which is
about all the ' proposed census would
amount to. The only really responsi
ble census will be that taken by the
U. S. authorities in 1910. Salem can
certainly wait a year for that of 1905,
by the State. It would be awkward to
have that census show a less population
than tho swelled estimate taken now,
making it appear that the town was
losing population, which it would be
very likely to do.
" : ' DO SLOW.
A Republican Who Thinks His Crowd
Should B Beaten at the
Primaries. . '-
Editor Statesman:
Hon. A, M., La Follette is making
a campaign for the primary election
down here.in this precinct, using as
his strongest, argument to prove 4hat
his crowd should wio, the; great work
he did for -the liop. growers of Oregon
in pnshing the bill for a State Hop In
spector. .Thi5 s,if a; hop growing pre
cinct and, this argument is calculated
to have great weight with the men
who win. attend the Republican pri
mary election on Monday next.
- This should have the very - opposite
effect, for the bill was far from being
a good one. : It was very' bad, and
would have.don great damage j to the
hop growing interests. - The fact - is
that hundreds of hop growers signel
petitions and wrote letters ..agaiast its
passage. The fact s, further, that the
hop" growers of Oregon Were ; almost
unanimous against the passage of the
bill, and it was their efforts that de
feated it. A It would be. an excellent
thing for thChop growers of the Brooks
and Mission Bottom -district to keep
the La Follette. crowd eat of the Mai
ion county Republican' convention.
Brooks, Or..,, March 25. - ;
Local Optloa. .
Editor Statesman
On every hand we hear of the "local
option" amendment, an its. probable
aid and protection to the law-abiding
people of Oregon. But will local op
tion protect f Is it. more laws we need.
or the inforccmex of present lawsf To
the writer: it seems, so far as law jLs
concerned, minor and adult mre amply
protected. 4 A. law- easts a protecting
arm aboat the minor and makes it un
lawful for any person to sell hint cigar,
cigarette, whiskey er even allow him to
loiter about a place where questionable
things are done. The gaming law makes
it a crime Jar any , person to play , cards
for money or its equivalent value, or
for a minor to play evea for amuse
ment. The law makes it a crime, to
rent or own a building for gaming par
poses. The Sunday law makes it a
crime to keep open stores, groceries,
ball-alley, billiard room,' or any place
of amusement ' on Sunday. ; , v The r law
provides that the district attorney,
sheriff or constable shall ' inform and
prosecute all persons guilty of violat
ing the gaming law, the liquor law, etc.
The qnestion is, Does Oregon need new
or more lawsf ; Tho Anti-Saloon League
are. making brave onslaughts in cities
seals Kt whiskev and gambling, but are
overlooking- the little country towns
and villages, which are- notorious for
open violations of gaming, Sunday and
ether laws supposed to protect. Whose
fault is itf Does the stream rise above
its fountain? Are officers supposed to
be more perfect and law-abiding than
the men who elect them to office t The
rebellion conditions as manifest from
eiffht vear old boy to adult, is rroof
of distant wrong somewhere, j The
same spirit that has made it possible
for the Mormaa Elder to carry on his
curtained- and now open polygamy,
makes it possible for all other misde
meanors and neglect of duty surround
ing adults and minors. A ' hardened
public conscience is the great danger
the worm in the case. rWill local op
tion, or any other safeguard, protect
if it exists, in letter only and has no
abiding place in the conscience ef the
people f j, - CITIZEN.
Turner,- Oregon. ! I
(From Sunday's Daily.)
Edkor Statesman: '!: '.
Some- one in a letter printed in this
morning's Statesman attacked me in
regard to my action in working for a
hop bill which I Introduced in the last
session of the Legislature, signing the
nom de plume ''Republican.'" u
r He states that I am using this as an
argument why I should be elected a
delegate to the county cbn vent ion. lie
is mistaken in his propost ion. Just the
opposite.; I am using as an argument
that a certain person who seeks to run
this precinct, did defeat the bill,' there
by losing to the hop growers two
pounds of tare on every bale of hops
grown in Brooks precinct, as my bill
aimed to reduce the tare from. seven to
five pounds on every bale.
I will add that in the state' of Cal
ifornia the tare is four pounds, or two
per cent, in Washington five, pounds,
and in New York five pounds. Theu
why handicap Oregon growers 1 with
seven pounds tare? At the price1 ruling
at present my biu would have . saved
50 cents! on every bale of hope to the
grower, thereby saving to the hop
growers of the state of Oregon the
enrmous snm of 42,00). Your corres
pondent would make the people of my
precinct! believe that I worked against
their interest, and that I got a graft.
Now I have lived ia this precinct forty-five
years, and the people know pret
ty well lit 1 am a grafter or not. I
offered to -cut out everything in the
bill but the tare. This did not seem
to release the person who. waa so con
spicuous in defeating the bill! The
bill waS introduced in the-Senate at
the same time, and if I mistake not,
passed without a dissenting vote, and
now I think the people of Marion coun
ty know: whether I worked for their
interest! or not,; without an. anony
mous correspondent rushing into print.
Whenever x nave any greviance .to
make, I have the manhood to- sign my
name, i -' ' . -
Hon. W. XL Egan, a Democrat, Defends
Mr. LaToUett and His
i f Hop BilL
Editor Statesman: !...
liefering to an article .in today's
Statesman headed "Against La Pol-
let t," and signexl Republican, " per
mit ' me; to say that the contribution
has all or the ear marks of being in
spired by MrT. B. Jones, and for the
purpose of reply 1 assume that : be is
its author.
The-hop bill introduced by Hon. A.
M. La PoUett at the last regular sea
sion of the Legislature Was prepared!
by Hon. frank Davey, J. II. MeAary
and M. L. Jones. The biu as prepared
was submitted to the growers! at a
meeting of the growers held at Wood
burn, Oregon, and with some slight. al
terationa, after careful consideration,
was unanimously endorsed. The meet
ing was composed of many of the lead
ing hop growers of the Willamette val
ley. I ,v... . -v- ,. . -:,'
At this meeting a committee of three
consisting of J. R. White, Jas. Winsten
ley and myself, was appointed to ex
plain the provisions of the bill to the
Legislature. It was generally under
stood that the measaro would meet
with very little opposition, as it was ia
line with the enactments of all the
other bop growing states in the United
States,! --. ' -i -'.
After the bill was: introduced the
hop dealers held a meeting In Salem
and decided to oppose the bill. After
this meeting' Mr. T. B. Jones took up
the cudgel to defeat the bilL He sent
letters to ; hop growers, misrepresent
ing the' merits of the bill, and succeed
ed in so delaying its consideration that
it did. not reach a vote in the House,
though it was passed by the Senate,
and had the session continued an hour
longer it would have reached ft vote ia
the House, as Hon. A. M. La. Follett
had selected ; the ' Senate bill as lus
last bill to be considered in the House.
The failure to enact this bill into a law
ha permitted two pounds more tare
per bale to be levied on the growers
than is allowed by law in the state
of .Washington, New York prjCafifor
nia,; causing a direct loss to the Ore
gon growers of about fifty cents per
bale each year, reaehiag a-- gross sum
of abiut tS0,000Whem the Oregon
farmer; sells his wheat in sacks he is
paid for the sacks, but ths hop grow
ers must now give his baling cloth for
nothing..,.';.'' ...'."C.;-" . '-U-:,
If the action of Hon. A. M. La Fol
lett should -figure at all in Brooks pri
maries, it should be for tus success,
and to defest the man who defeated
his bill. ' '
WM. n. EGAN,
. '. - A Democrat.
March 2C
.1 Jb.lili ii
Evcrythinr tho market affimU We'll send you nothinpr but.
fresli goods. We buy carefully- and are particular that no un
desirable stuff goes out, at any price. . Phone your order.
C J. ATKOOD) Pbon 571 jf D. W. FIfincn
i (Successors to Branson & Regan.)
I '- I ' - .. "":'
Secretary of State Is Not Amenable
to Garnishment for Funds in His
Possession Belonging . to the State
Employes Bert Stacey Cannot Es
cape Punishment. . .
Among five opinions handed down by
the Supreme Court today was one in
which the .court upholds the judgment
of Judge 0. H. Burnett, of the circuit
court for this county, and holds in ef
fect and substance that the state is not
subject to garnishment without its con
sent. In other words "the state can
not be made a, garnishee, nor can the
auditor (secretary of state) or treas
urer be made parties in the place of
the state to obtain a warrant and mon
ey from the treasurer.
This opinion waa rendered in the
ease of Rj O. Keene, appellant, vs. Z.
T. Smith, defendant, and F. I. Dunban
as secretary of state, garnishee, respon
dent, in which the plaintiff, under the
act passed by the last legislature re
pealing that section of the code under
which state and county officials could
not be garnisheed for funds in their
hands belonging to an employe of . the
state or rouuty, sought to collect an
alleged debt from the defendant by
reason of ; hi being an employs of the
state. Jsdge Burnett, of the trial
court, held that the secretary of state
could not- be garnisheed for money in
his possession belonging to such defen
dant, and this judgment is upheld by
the Suprenie Court.
Bert Stacey, appellant," vs. State of
Oregon, respondent; appeal from Mult
nomah county j Hon. A. F. Sears,. Jr.,
judge, affirmed. Opinion by Chief Jus
tice Moore. This was a case ia which
the defendant, Stacey, was imprisoned
ia the Multnomah county jail and con
victed of the crime of . robbery. The
information in the case charges the de
fendant with robbing, one H. F. Cop
land of a watch by violence to his
person and by assault then and there
made,". tc,L and counsel for defen
dant caused a writ of habeas corpus to
be issued demanding the defendant's
release on the ground there was no as
sault committed and that the, informa
tion was irregular. The Supreme Court,
in affirming the judgment of the lower
cotrrt holds that 'where the trial court
acquired jurisdiction of the subject
matter of an indictment and the-person
of the accused, the judgment of the
court on the question whether the in
dictment sufficiently charged the crime
can enly be riwd on appeal or
writ of error, and habeas corpus will
not lie.
: Geo. R. Brett, appellat, vs. Robert
Z. Warnick, et al, defendants, War
nicks, respondents; appeal from Mult
nomah county; John B. Clelland, judge,
reversef. Opinion by Justice WUver
ton. : - . . . fj -!.f
. John Iloefer Casper Zorn, respon
dents, vs. T. A. Livesley Si Co, appel
lants; appeal: from Marion county;
Geo. H. Burnett, judge, affirmed. Opin
ion by Justice Bean. V
i Marie Stewart Wbigham, respondent,
vs. Supreme Court of the Independent
Order of Forresters, appellant; appeal
from Multnomah county; A. L. Frsrert
judge, reversed. Opinion ,-by Jastice
Bean. I ,K- . ' -.. ..- ' '
Written! for the Twlce-a-Week States
man. : ; . ;
Last week a tramp at Chiwaukum.
Wash., found 410,000 that had been lost
by tbw railroad company, and because
the reward he secured for returning it
was simply a hanl job on the railroad,
the press of the country find it an oc
casion for sarcastic remarks concerning
the lack of generosity exhibited by cor
porations in general. The fact thst he
was rewarded at all is worthy of notice.
Statesmctn's 1004 Subscription Contest
EncZoted find .
. ...... ..... . ... .........
,...Jor subscription to the,
. Thereby vote (or.L
at mn choice in Vie Oregon Statesman' $ Subscription Contest. .
CZJ Tliis Coupon is good tor .jvblestl.hr't)te. frr
cent paid in adi-ance, by a NE W Subscriber for ? J ll ; lU-a ',' i
issued from the Statesman building. Coupons void after tin da s.
for so rarely does a corporation of
wealthy men show any evidence of pos
sessing cither heart or soulto sar
nothing of generosity that it is witii
surprise that we note these characteris
........ . .11 .1.-. ' li... ..m.
derneath the stern exterior of men ia
influential positions, there oftentimes
Wats a warm heart.
: Apropos to this was my experience a
few yenr ago in San Francisco. I had
been enabled to render my wealthy em
ployer a service which profitted him
greatly, although as it bad .been in line
with my duty, a civil greeting rrcm hua
each morning as I came to the olTire
would have twen ample remuneration
But my master bad more money than
rmiles, and however careful he was
with the former, he was nevrr known
to part with the latter, and when he
insisted that he,'tihnuld do something
for me," I had no greater hope than
that my salary would le raised. The
pay evclo)e dispelled this illusion, for
not only had my salary not been in
creased, but I had been fined -5 cents
for a two minute tardiness. The en
forcement of the obnoxious rule did
not disturb me, for intuitively 1 knew
that there was A surprise in store for
me, and so there was. That evening
his private secretary -handed me a small
but very heavy package, with the-gn-tlcmaa's
card attached. Such gener
osity moved me greatly, and 1 deeply
regretted having thought of hiin as a
miser, a bear, and a rode pig. How
much the package contained I coold but
conjecture, as I dared not open it upon
the street, -1' gripped it tightly and if
any person looked in "my direction I
feared that by some occult process of
mind reading they harl discovered the
value of my tiny parcel, and when the
condcutor put out his hand for my fare,
1 took a fresh hold on my juickage.
IIaw T nitSeil the", w-enrv toilers hd
boarded the carl. For them it was to bo
the same old ceaseless grind, while for
me, through the benevolence of my em
ployer, loomed the green fields of Ore
gon, where no early milk wagons should
disturb mv slumbers. When I reached
my room 1 carefully. locked the door,
captiously .ehsel the curtains and laid
a heavy felt cloth upon the table, ia
order that no tell tale clink should
reach the ears of any thieving Individ
ual who might have followed me. With
trembling fingers I opened the package
and. beheld a can of "devilled ham!"
i . Ella McMunn.
Northern Pacific Freight Train Wreck
. ed Disaster Caused by a
- Broken RalL
CHEIIALIS, Wn., March 2C At 2
o'clock thismorning the freight tram
v it H U r j t m. uvftdut a . o.w" u kiwi
last night was wrecked one mile s outh
of Napavine. The accident was caused
by ft broken rail. The engine passed
over the rail safely, but tho tender
was torn loose, and with eleven box
cars went into the ditch, o one was
hurt. ; ' . ' .
V( -i- '.-4 '. t li-
WALLA WALLA; Wash March 3.
That the wheelmen of Walla Walla
are not in love with the bicycle tax
is demonstrated bv the slowness with
which they are paying up. About two
thirds have paid their tsxes to date,
the remaining being long delinquent.
It is the opinion of many riders that
the law will go by default unless pres
sure is brought to bear on those who
have not paid., v
. 1 1 ! f n-" .
EVEKETT, Washu, March 23 Harry
Sykes, I the - . 13-year-old son of NohU
nys.es, was nun oeneam a iaiiing put
of porch' colniuns at.Weidaner L Lans
dowaes shop this morning. His chent
waa crushed and it is believed he ran
not live. t i ...
u . a . m mm
SAOIKAW, Mich March 28.-Joe
Cans was given the: decision in a ten
round bont with Gns Gardner, of Shj
inaw, for the; light weight champion
ship of tho world.
TACOMA, Wash., March US. Wsh
ington's fruit exhibit for the World's
Fair-waa shipped from Tacoma Satur
day for St. Louis,
..v;v,-- y .., ,
WALLA WALLA, Wn., Marcb 20.-
Holy week, beginning Marh 27; is to
be observed by the Congregational
church of this city .with appropriata
services. - -- .
i .
E. L. Irvine was in Albany en bust'
ness yesterday. -