WEEKLY OEtaOJT STATESMAN TUESDAY, AUGUST 0, 100L, WAR IN THE PAR EAST Very Little News. Lull Before Storm f V 2 , a j. m f I '- . . J ant Battle Expected ST. PETERSBURG, Aug. (J. Knro- 1M battalions, besides cavalry and j,atkin's. report of Bmall Hhiftiojf move--artillery, j altogether not far short of meats by the Japanese with a single 200,000 ; men. Only' one third of thin unimportant skirmish, bringing thai force wag engaged in fighting July CO militarv. situation up to August 4, is and 31 and 4 August 1. The pick of just what has Wen '-ex peeled by the Kuropatkin'a troops, newly; arrived authorities here. It is believed, how- J European regiments, are stationed at ever a lull in the fighting has lasted Anping and Anshansban. where the about as long as possible, "and the. forces around Liao Vane1 are n thil eve of a desperate and decisive engagement.'- !-. "';''';:;' ,-.V'.v; : ; . Tti riQitMA t9 T J r.lbt ' four Amvm . believed to have been long enough, to, iLn. -f,.aJa rt IL formation bring supplies and make ready for a grand assault upon the powerful positions girding Liao Yang, k. iiTtMAr hl J i- reeled. Liao Yang is closely tied up r -persistent reports from (Moo With the fortunes f the whole wa. j that the Japanese have captured two Loss of sueh a Tuition, with its vast ,mman,ling position- , near Port . Ar ... .'.-.I.H-. J ...l.i : thur iWs not receive general credence diately and perhar irreparably endan-, ger the main Russian position in rburia. MUHary authorities do not entertain ; e slightest doubt of Kuropatkm's the ability to repulse -any attempt to cap ture and eut oil L,iao Yang. The , de- fense there has an immense advantage, operating within a small radius of 20 miles, thns enabling Kuropatkin to re- inforee promptly any weak point." The army at -hi disposal .is. estimated at WON BIO PURSE. Sweet Marie, Well Known Here, Wins Purse of $5,000 For 2:11 Trotters. ((From Sunday's Pail y.) Ralem' lovers of horse racing will be interested to hear that the McKinncy mare, Sweet Marie, formerly driven by iW, O. Durfee, of Los Angeles, Cab, recently won the Electric City stake of $5,000 for 2:11 trotters at Buffalo, and lowered - her ' record to 2:0.Ha. Bweet Mario will be remembered as the mare that, together, with Mr. lijrfee, ber driver, was ruled off the Northwest circuit last year, but both were later reinstated. Mr. T)nrfe, was accused of laying up a beat in the Lewis and i ; jar it staxe, ana wnen ne remwu m give up Ws seat lehind the mare t6 another driver, the judges took the the alovue action. ' Sweet Mane is now on th ran'l cir cuit, and had already w-m .ie race last week In' fcer .latest p"fr.nanep she had to defeat -: such ;l well known trotters as.Tiverton, Uoha, Taylor, ljob ert: M., . Lady , Gail Hatnili on, I.ady 3"htchie, and Jadgelf.'en. Admirers this great animal fully believe that ber name will be one more added to the long lint of , trotters and ppcers, that .bora ia thy W$&, haro bcn sen sational winners on the grand circuit. 1 A CORRECTION. History .vs. Newspaper .Defects One Must Correct the Other. - (From Sunday 's Daily.) 'Editor Statesman A Sunday paper should tell tho truth or correct errors of week day hurry. This morning's Statesmanuotes a Spokane paper (under the heading of "birth place of great men") that Mark A. Fullerton was born on the do nation land claim of his parents, C. P. and Cornelia Fullerton, four and one half miles south of Salem court house, and tbeir neighbor who put on his first dress Jives ia Salem. Silvcrton may have the honor of having been the home of Homer Davenport, but his birth place was at the It. C Geer farm four miles south of Silverton. - - Spokane as a city was conceived in the heads of two Marion county yung men, James and Joseph Matheny. t'here is no desire to detract from the inherent greatnem of Silverton, but, time was when its people in and,thoo surround ing it wer pretty evenly divided be tweeen those who sympathized with dis union between those who were willing to risk all for its preservation. Even its newsjapers "down to a late date are, liable to get in advance of truth ia their go-ahead itiveness. Two years ago last spring Its pioneer paper an nounced the death of Olu John Minto whose farm joined that in which Mark A.- Fullerton was born but there are indications in the copy of the States man which impels this corree tion, that even so great a paper as the Silverton Appeal can fall into errrors. O. P. PORTLAND RACING MEET. rive Hundred Horses Win Be at Irv lngton Track for Thirty Days. PORTLAND, Aug. 6. Entries for the opening days' card at the Multno mahFair association are out and every thing is in readiness for a 30 day .meet which commences at Irvington Monday. ! Wrt train lnoli nf nArana sill reah here Riimlaw Cn a m .1 K th. lima ttir I are all stabled" over 500 horses will be at the track. The association, has spent $15,000 this summer in improvements and the racing plant tWaj is the best ia the northwest. MODERN BROTHERHOOD. Protperous Lodge at Chemaw Enter tain In Grand Style at Their New . HalL ' . :. . The Chemawa bulge of Modern Broth erhood held a grand . jollification at their hall near Chemawa last night. There are over on hundred active mem bers of the organization at that paee, aad a fine program hal been prepared. A large number of prominent Salemltes 'Irove out last evening to attend the festivities. A banquet was one of te features of the evening and speeehjpa by the Hon. J. A. Jeffrey of this city and by Mr. W. J. Applegate, the state manager of the association. PEACE AND QtnXT. ; CmCACO, 111., Aug. 6. The sti ck 7rls strikers forgot their animosities Pad troubles today long enough to joia hard est onset is. exjxjeted to be made, ' ' i.xto word, xToin iron Ann or. The Associated Press has assured the 'general staff and admiralty that it Las -FVll?"1-' "f cornmVniet5on Port Arthur, and argue, in -iw of thi m s .that there has bc-n no change of STWT? t.ftMryI,erI toessor A.hniral Witboft to send special Uisiatehes. ?Tti. li eon''f l that the, bat- Man-j'V,' " , , A able to shell the bescigers' -battery withr.nr ilintror tn ih tl.in ' sn.V. I Via japaneu guns ara too far away to be effective. ' - -) May Have Been Torpedoed: No confirmation is obtainable here of the; report cibted to a news agency in London that the Kussian battleship Klava was accidentally torjjedoed at J('ronstadt today. ia . a . peaceable; demonstration, the first since the strike was called. In the I fully-iy00 strikers and their families encircle! ; the stock yards district, marclung to music from a dor.en bands. Tho demonstration ended with a picnic at Oswalds Grove, where addresses were made by prominent labor leaders. vi.;i w ;n T.rrfa there was peace and quiet around theffwrtb f'ets. I lighted them and pu big packing plants at the stock yards, COUNTRY NOTES. Items i Picked Up by Rural Carries ! Along tho Mail Routes. t (From Sunday's Daily.) . Mr.S J. W. Cor, the carrier on Konte No. 9, lit sick at his home in this city. Ills son, Ghester, is acting as substitute carrier on the mail route. .'- Route Six. : 1 Mr Ed. L," Kobbins is remodeling his housa tt FruiUand, making exten- sivo impfoveinonts. Mi3s.'Luln, Jones, o Jefferson, is visiting with' relatives at tWJJardv some on wheels, others driving. "i Mr. Jiiite Savage is, spending his,va- The morning was spent in wading, cation in the hSy field, f ! . 'exploring the woods and resting in the Mr. Aiidy Coae, of near' Pratum,; has hammocks swung in the shade. 5 his hop yard worked, up to tho top, At noon Mrs. Kightlinger served the notch and erpecta a crop equal to last giri$ wjth a bountiful lunch, year's heavy yield. DuHng tho afternoon the girls played - ' - iganws, sang songs, went bicycling, and ' Route rive. about 4 o'clock feasted oa delicious Mr. T. IL Humphrey, whose farm is watermelons. At 7 o'elok sur.per wag near the Kiekey school house, has; just served and soon afterwards the merry completed a neat cottage. party returned home. ' Mr. Ji W. Bt-llowmy, living in the i The members of the class are: Alma samo; prosperous. neighborhool, has Nye, May Kowe, Mable O'nyujr, Maud just finished giving his house a coat of Evans, Lottie Landon, Agnes -..West, paint, and ha erected a new barn near'llattie Swenik, Elsie Denser, . Euby his farm house . ' Route Eight. Farmers are beginning to dig pota- toes for shipment and report a good cron.i Mr. Leon Girod. a member of the Oregon Nursery Company, is visiting with bis parents at Lake Jalinh. Mr. Girod has etxensive nursery interests in Washington, where be spends much of his time, but has just comp!etel a tour of the East. ; LIBRARY OROWLNO. Number of ' New and Interesting Volumes ' Added to Library i Shelves This Week. i (From Sunday's Daily.) The Saletn Public Library Assoeia tion is in receipt of a fine set of vol umes of American History, published by Seribner, nnd donated by lion. J. N. Laws, a momber of the legislature from; Astoria. This popular work is in seven volumes, and comprises the "Colonial Kra," by Fisher; "French War and the Revolution," by Sloanc; "Making of tbe Nation," by Walker; "Middle Period," (1817-1S33) by Burgess; Civil War and the Consti tution," (2 vols.) by Burgess, nnl "Reconstruction and the Constitu tion,? by Uurgess . X lie Ajaurnrjr at-iu ' - i new net of invenile lmoks. presented by The Labrary is also in receipt oi a br lrof. L. II. Traver. The titles of the books are as follows: , "Doughnuts and Diplomas'," by Jackson; "True to the Flag,!' by Henty; "The Young Hank Clerk," by Winaifield; "Plav Ground," by Rayj "Tho Boys of Xairpul," by Noah Brook sv and "Birds of Oregon and Washington," by Lord. MORE SECURITIES RECOVERED. MISSOmA, Mont., Aug. 6. Fifty thousand . dollars ' worth of securities, cash, and diamonds were recovered this evening which had formed a part of the loot of the Bearmouth train robbers John Christie, arrested In Hope, North Dakota, tolay guided Special Agent Me Fettrilge to the place where the cache was made, eight miles below the scene of robhery and on the' same side of the river. The eeorities filled a flour sack. , .; , L . i KILLED BY THIEVES. ANTELOPE, Or., Aug. 6.-Newa haa just rehel here from Bridgeman, Ore gon that in a battle with horse thieves, Under Sheriff James Steele was shot in the mouth this morning and mortally wounded. The thieves, are suppposed to be aa ex-eoaviet ntmeil lAvejoy and a young fellow named Gibbons, who stole three horsee Inst week. .;,", -..C I FOREST FTRE3. . BUTTE, Moot., Aug. 5.A Kalinpel Mont., special to the Miner says that foreit fires are raging In the timber lands of this country, and from' reports received the damage will tun into thou sands of dollars. The fires are not only consuming the forests surrounding this city but the finest lumber sections in northern Montana including the thickly wooded sections about Sterling, Atlanta and Fisher liiver, Libby and between Troy -and Bonners Ferry, Idaho, Ranch ers ia these districts are losing houses, barns, crops and provisions and their condition is many instances will be de plorable. ' People living tn the timbered sections are all out lighting the fire, bat are almost powerless' to check the advances.; From reports from the burn ed area thus far rercived it ia estimated that a sufficient amount of timber so far consumed amounts to several town- 'snips, f ; ; .t a :y i A KLONDIKE rOURTH. Former Salem Woican Describes Her Attempt at Celebrating the i. . Glorious Fourth. (From Sunday's Daily.) Under date of. July 4th, Mrs. J.:B. Icemen, a Sal.-m woman now in Alaska, writes as follows to her young daught er, Georgia Lemon: ' "Upoa receiving your letter, I felt that I wanted to celebrate the Glorious Fourth, so I went to the store and got two lire crackers, two" feet long, and as soon as I finish this letter I shall fire them off. - ' . - ' "The Canadians celebrate July .1st, "Dominion lfciy,!' and as there are so I manr Americans here, the celebrations continue from the 1st to the 4th, but the celebrations are rather poor affairs. A "tug of war", was about all, and a drunken man trying to walk a wire, when he couldn't even see it, mneh lea walk it. Then there were a half dozen little boys who ran a foot race, and at tempted to elitub a greaHod pole, but they had previously drunk great quan tities of milk sliake (made of con densed milk) and I suspicion mixed with something stronger, from their , hilarious antics. - ; My flower seeds never sprouted, ss . ? " . " ; "Later I have just exploded my fire Tor.k" an-1 V to 1 something t" harmlcMS things they ap- ' Ia red. They were thosw horrid things you shake at the sky an. I which send them in front of my house, when they came fizzing and popping into the house and all over my lineyfull of white clothes, but as it had been raining fort unately everything was too wet to burn." DAY TN THE WOODS. Sunday School Class of Young: Folks Aro Given Delightful Picnic on Prlngle Creek. Friday Mrs. S. C. Kightlinger trok her Sunday school class of girls to Pringle creek for a picnic. They left outU fcalem at 1:M In the morning, iVanorsdal, Ola Arnold Ines Laidon, (Alice Warner, Mabel Ilarck, Viola T3- flaney, Carmel Kollo, Edith Dutton, Del- ma Viesko, Rose Vicwko, Kuby ilneck. . Inez Bozorth who has acte.l an Mrs. ' Kightlinger 's substitute during Iter absence accompanied them. BIRTHDAY PARTY. Little Tots Entertained .Beneath the Trees at Marion Sinare Friday Afternoon. On Friday afternoon little Waterbury celebrated his sixth day, by giving a party to bis Harry friends at Marion Square. From 2 o'clock till .1 in the after noon the youngsters played games, ex cepting for a delightful intermission given to lunch.' Tb little visitors thoroughly enjoy ed themselves and Master Harry re ceived many handsome presents as ex Ipressions of their gool will. . j The ladies who assisted the yonng j host were: Mrs. M. A. Mc(!orkb, Mrs. C harles ,) annke, Mrs." A. M Pat rick, Mrs. Mitchell, Miss Potter,. Miss Bellinger and Mrs. W. S. Waterbury, while the little people present were: Misses Jones, Hester Welch, Helen Moore, Genevieve . Yannke, Graeie Harding, Margaret . Rogers, Mabel Patrick, Ruth Mitchell, Alice Baker, Mildred Wiggins, Ruth Waterbury and w ' ' present were: ! Leon. Culbert son, Wal- Margaret 1'atrics, and the little beys .cott Bnren, Windham Buren, Wi.yne McGill andBarry Waterbury, HIOH SCHOOL TEACHER. School Board Elects Miss Carrie Judd to Teach tn Hisher Grades in Sa - em's Schools. t (From Sunday's Daily.) The regular meeting of the School Board occurred at, tho office of Hon. A. O. Condit last evening anil transact ed the usual business as far as the passage of Mils against the district is concerned. '-."V'-.- , v After deliliera tion, Miss Carrie Judd, daughter of Hon. E. T. Judd was elect ed to teach in the high 'school grades ia the district. : She is a graduate of the Chicago high I school, and has never taught, although she cornea very highly recommended as to erudition, and fae- uiiy. i ? - The board abio instructed the eom roittee( having the matter in charge to go ahead , with the matter of the con struction of the,septie sewer tanks at the North school. i . SENATOR VEST SINKING.. .; SWEET SPRINGS, Mo., Aug. 6. Ex-Sena tor Vest i gradually sinking. The belief prevails that he will not survive more than a few hours. " Miss Colby is visiting at Albany. ith friends : PARK MONEY FOR WALKS CITY COUNCIL HAS STOHMY SES SION OVEB PAKKS. DIVIDED INTO FACTIONS. Resolution to Take Half of Will son's - Avenue " Improvement . i ; v ;' Money. Will be Ueod to Lay Sidewalk and Build Curb Mayor Instructed; to Employ Attorneys Various Ordi nances Introduced. The hopes of . the park board and of the .ptiblie in general went a-glimmering biit night, when the130 which has heretofore been appropriated for the use - of that board for im proving Willson avenue was by vctc of the common council of the city of Hiilem taken from, this board, and placed in the baiiils of the committee on streets, to lie used for building a walk and curbing at the proposed site of the Breyman fountain on Cottng.? street. " '. This move was sprung by Alderman Gesner when it became evident that the time was ripe, and the council would order the permanent improve ment, and it came as a complete sur prise. For a time his action was not understood by the members I of the lody, but when his meaning was ex plained all of those members who bad been opposing the original resolution, became warm friends of the' amend ment, and it carried. J Tho sesxion of the council was at tended by twelve members, and wasJ tho most stormy session which the present body has held. The fact that tliera are opposing elements, was clearly developed, and the factions lined up against one another as though prepared for war. As the dT-wussun leeame warmer, a few members took the matter in good part, as an even ing's entertainment, but others were too serious for enjoyment, and indulg ed a few warm personalities, r At the previous session of the coun cil Alderman Hughes was instructed to prepare a statement of the .'financial condition of the eity, in order to show whether or not money was available for spending $.'500 to prepare the site for the Breymari fountain. Tho report was incomplete and there fore misleading, but showed that there was now ori hand $11,000, and Recorder Judah stated that the ineome of 'his office for the next six months would bo about $6000. AH eurent expenses for the past six months have been paid, which shows the splendid financial condition of the city at present. The bomb shell was exploded, whon under new business, Alderman Down ing introduced the following resolu tion: ' "Resolved, by the common council of the city of Salem, in session assembled this 6th day of August, 1004, that there be, and is hereby, appropri ated out of any moneys in the treasury of said city of Salem, not otherwise appropriated, the sum of $o00 for the purpose of improving the west end of Willson avenue, in said eity, in the lay ing of cement curbs, sidewalks, cross walks and such other works as may be incidental to the improvements" re quired at that- point for the adequate and proper installation of the, Breyman fountain; the sabl sum of money here in appropriated, or so nuih thereof as may be necessary to lie expended . by, and under the direct supervision of, the eommittet? on streets of this coun cil." , Alderman Hughes objected to this resolution on the ground that: he did not think the move just or necessary, as the report of the committee on parks made the same prov ision, pro viding the money was available, which was settled by the financial report just read. Take Park Funds. After further discussion of the ques tion. Alderman Gesner offered an amendment to the resolution, provid ing that the $150 intended to be used for improving Willson avenue, be taken from the park fund, and used by the committee on streets for improving Cot tage street, and that the committee be instructed to usa whatever other funds are necessary for doing the necessary; work as recommended. Mr. Downing strongly objected to this amendment, saying "It is time enough when $300 has been appropriated for the use of the park board on Willson avenue, but $150 of this has now been used, and the . remainder is sorely needed and plans already made for expending it. I am not in favor of robbing the park board to make this street ;' 1 improve ment." Alderman Gesner declared vehement ly "I am opposed to the whole move ment; it is an attempt to, loot the treas ury on the part of somebody. , We have got to lookout for our finances. i. have now got on our hands four law suits, and have expended nearly $500 for attorneys fees, aad U is no telling where we will come out atf Beend oC the year with attorney's fees to pay and toTook out for." . : ' Alderman Downing defended his reso lution,, saying it did not "demand the expenditure of more money than would lie necessary, but your committee has reported that the improvement will cost over $600. As yoo are all aware the Breyman fountain is here." . Alderman Hubbard made a strong plea against making the improvements demanded by Mr. Breyman, and. allow ing the eouneil to be dictated to by some outsider. He asked, 'Ij wonder if the eity agreed to do anything when the fountain was offered. Didn't Mr. Breyman agree to Tot np free of cost to the eity... Wasn't the' council to understand when he tnade that blow In the papers that he would put it npNow be rides back oa bis dizmtr and refuses to erect it unless we do all that he de sires." , ' ; Alderman Cstlin, who had prevlorslv 'remained silent regarding the prepara- tion of the report of the committee on park, recommended -that the work be done, sayinjf Jndge . Hubbard was the leading one in favor of the improvement and now he is leading the fight against It -' - ' : -i . Alderman Gesner declared "Mr. Brey nian would have put that fountain. ia and there w,ouJd have been no trouble, had not some one put such an idea into Mr. Breyman 'a head. The Kepubli cans are now in iiower and it is just such eypenditures as this which put the, arty out fcf foie, and will do sa again. I don't approve of caving on the first six months of the year, just to break out at the last, and 1 intend to put every .juani a record for the yea and noes before we run the city into icbt. " In answer to a charge of Alderman Hughes that no money had been expend ed for permanent street improvement, Mr. Bayne! declared that the resolution calleiblor street improvement, and that of the best; kind. The - vote j on the resolution stood; as follows:- If;. '- . . ,- Ayes Walker, Acheson, Crossan, Gesner, Hubbard, Hughes, Young 7. Noes Baynel Catlin, ' Churchill, Jacobs, Downing .". .; when the vote was called for the amended resolution, the friends of the original resolution with one excej;dioa voted against it, lieeause they were op iosel to taking from the park board the $150. Tlio vote stood: , Ayes Walker, Aeheson, Chnrchill, Crossan, Gesner, Hubbard, Hughes7. I Noes Bayne Catlin, Jacobs, Voting, Pning 5. - ; The resolution was carried; the; com mittee will: thns have authority to be gin work at once. Eontino Business. ? Electrie, lighting bills, at $0.50 per light went !ovcr.- ' " i Xolitieatinn that J. E. Murphy had begun suit-ngninst eity. Mayor ihstruet ea to employ legal help..' : Licensee granted J.-P. Rogers for fa loousat 100 State and 104 C.uirt streets. ; 'Court street opening ordinance pro viding $.j.a7.y.1 damages and expenses, r-ferreil. U-;: ! ;. ' ' : '4mmitte on streets ordered to no tify Salem J-lonrinjf milrs to cover Front street ditch. ! Street 'iomisaioner Instructed to re ojen bridge on hnreh and Mill street. street numbering ordinance was read twice and referred to street committee. GRAND DAY YESTERDAY. Hundreds ; of People Listen to the Music and Drink Punch With Mr. Brcaemeier. The Yokohama Tea company of which Mr. M. Ilredemier is jroprietor, cer tainly had the most successful Oteniig yesterday ever remembered in Salem. They have opened up in a new storej and their beautiful stock of china and glassware lend to decorative effect. ! Their windows were attractive, and the music by Mr. McElroy 's orc.hesW"a charmed the many hundreds who visit sit- ed the new store yesterday. . , ; A delectable punch was served to all visitors who desired to partake, and al together the day-seemed to have been very successful from a social and a busi ness standpoint. USED MAILS FRAUDULENTLY. LOS ANGELES, Aug. C Charles W. Brooks, one' of the proprietors of the Van Nuy s; Broadway hotel was arrested today on a federal warrant from St. Ijouis. The warrant was issued on an indictment charging Brooks with fraud ulent use of the mails.- This is the sec ond time Brooks has been arrested with in the past -few months. The first ar rest was made several weeks ago aird was on a. similar charge. j ! FIFTY THOUSAND STAKE, j Delhi, Three Year Old, Wins Great Republic Stake at Saratoga . i j - Park. -: j i . SARATOGA, Aug. 6-Delhi,. n- doubtedlv! one of the best three year olds in training, won the Great Heiiub lie $50,000stake race run here today. Idhi had .little difficulty in winninj;; He jumped out in front at the start, and cut out a hot pace the full dis tance. The Pickett finished stron in third place, a length behind Mercury who finished second bv a length. Time, 2:05 4-5. WANTS SHRIEVALTY AGAIN. . HIPPLE I'UEKK, Colo.. Aug. 5. Former Sheriff Koberston, departed to day for Ienver- after having made a formal demand on Under Sheriff Par sons for j possession of the sheriff's offi ce which i he asierts he ,wa forced to resign under duress. He ays he will attempt toT regain hi former position through tK courts. While here, Robert son was compelled under threat" of jar rest to report twice daily at the sheriffs office. . ; " . 1 , FRENCH CONSUL ARRESTED PARIS,! Aug. 0. A Matin's corre spondent, at Nin fhwang says the French c-?eswlar agent there wa ar rested August 3 by the Japanese is consequence of his vigorous protest against the detention of two sailors who claimed French protection. The agent notified the American consul. who, however, was -unable to intervene, but sent Information to agents of the arrest of; the French consul at Tien Tsin.' ' i V ":; :U. : OPENED CAMPAIGN. BOSTON, Aug. 6. Senator Henry Cabot Lodge openel the Presidential campaign; in the East at Point Shirley and Winthrep this afternoon, devoting his time principally to defining, the at titude of tie Republicans on -the ques tion of reciprocity with Canada, j ATTEMPT ON IHS LITE. 1 MONTEVIDEO, "Aug. 6. An at tempt was made npon the life of Presi dent Battle. Y. Ordones today; While driving witli bis family along one of the principal streets of the eityi burning torpelo expIo.lel at the side of bis carriage. The explosion tore up the pavement, but bo one was injured. NO MORE NEWS EXPECTED. ST. PETERSBURG, Aug. 7.The general staff stated, at half pastlone this morning that it expected to re ceive bo more news from the front. , Mrs. Carrie Fisher, accompanied by her sonj Johnny, left yesterday for an outing at Long Beach. .' C0MMANDE21S CHANGE. WASHINGTON, Ang. .WRecent or- ders aiiuiug General Funstoa to the I TO BREAK THE CHARTE J. E. Murphy the Tile Manufacturer Brings Suit for Those Who Object To Being: Urbanites :! ' . "Where are weTat I ' 'A South Caro lina congressman. " Is it Greater Salera or Smaller Sa lem f ., ,. t I .' . - That is the question now in a fair way to Ite sdvel by the eoutts of Ma rion county and i he state of Oregon. ' When the charter amendments were fornunl, which provided, the boundaries i Greater Salem, the cut legal wit and talent . of Sulem was called Into Iplay. The act was formulated with the greatest of care. ; Its submission to and passage through the Iegislative . as sembly was watched and followed with the greatest sulicitude. i. Men whos judgmetit was then considered ' gool, and is still considered good said then and say now that the charter was writ ten to stand, and that it will stand the test of the courts in their estimation'. However, one attorney says the law is defective. I - - Just wherein i is defective this at torney will nut state. Jle has the jdia under his hat, he! says, and there it wilt rest h uIsmi says, until be is prepared to spring it in Department No. 2 of the. state circuit court for Marion county, liefore Judge Galloway, ' This date i probably not far distant, as this lawyer filed a jn'tition yester day in that court, praying for nn in junction in, favor of his client against the county assessor swung his . prop-j erty. for tuxes for the city of Salem. j loe jetitinu is made for Mr.. J. E. Mnrphy of the Salem Tile Works, with headquarters and tile factory in North i Salem, just to the south of the1 State Fair? Grounds, and is signed b W. H. Ibibnes and M. E. Pogue as at torneys for the ilirtiff. The petition ses forth that the plain tiff, Mr. Mur'hy is owner-of a lot of land, containing more or less 20 acres., That the same has been assessed at the valuation of $120 and that the City of Salem "wrongfiilfv claims that plain tiff's 'farm' together with personal property owned ;by him in using said 'farm' are within the corporate limits of the said city of Salem." ' In the complaint the corjorate limits of the city of Salem are set forth as on -'the lines of jl he original corporate limits, before the new amendments to the charter werei passed by the legis lature. In fact the complaint declares by intimation at least tlfat the city limits have beenj exlenlel. llio com- plaint .only asks for an injunction and does not give any cause therefor,, nor , e wuere nnti new lerruory - inciuueii does it state what grounds the plaintiff therein nfter proceedings are had nn re has for asking therefor. j quired by this title. This section re The plaiutiff states that he is not aiQuirc that the matter shall be nb resident of the city of Salem, and " that ) mitted to the voters of the c.strict that in the event the said defendents, or it is intended to take in and also to either of them are permitted to proceed' he voters of-1he city, and all this shnll in the manner in which they threaten, M lone on petition whUh shall havA for that is to s-iv that if the said -defend-j ! signeril one fifth of the. qualified cl ent, Chns. Leiubi ke, should 1k permilte.1 . ectors of the corporation. N to extend for the poroses of "taxatbui This law. has been ignored here-as for said eity, 'plaintiff's said projerty n'ao in all the otherIarge' cities of upon the tax rolls now Wing prepared Oregon. by him, it will create a cloud upon the Wby the Caso Is Brought, title to plaintiffs property, and hinder ! There is no question that the case in him from disposing of the same, or us-,' brought at the instigation5 of various ing the same for the purposes f traffic. ' j.code Jiving in the outsiilo precincts and credit, and ju his great and irre-, of the city, nad it is said that a fund arable injury and damage, . I of $lOO0 has been raiseil for tho pur- ." To the end-therefore, that full and .'pose of fighting the case through thrt .complete justice i done the. plaintiff : courts, some, people having given ia tho prays this honorable court that a writ J proportion of , tho . widow 'n mite, and of injunction le, now issued directed ' others larger -sums. Mr.' Murphy who to the several defendents herein com-, deidareg that his farm is the property manding each and all of them to desist . that is to bo taxed nnd that it is the from further attempt tolist. the plain-(property that should --not bo brought tiff's s.iiil. proHrty for the purpow of ' into ,the eity" says nothing in his corn taxation within the city or-Salem or for (-plaint of his large nnd heavy patron t he benefit of said eity. i ied factory for the manufacture of The defendents named are ' Chns. tiles and brick which derives treat Temlicke, eimnty aessor,' J. ". Uo lahd, county clerk, W. J. Cnlver, sheriff, and the fity of, Salem, Oregon. Been sn Erewuig Sime Time. '-. ove has been brewing for a This m good while, almost ever since the char-j ter has been pbiceil on the statute books. ' In fact there was a strong opposition to the move when it was eriginallv. ma.Ie to extend the limits, but the mat-j ter was finnlly brought to the .attention of the Legislature, and the result was command of the "Department -of the East were todayr mollified nnd he will io to Chicago instead, relieving .Gener - - Command jnf the Department Columbia."" the RACES AT PORTLAND. PORTLAND, Or., Aug. 5. (Special) Irvington track is ready or the sec ond annual race meet of the Multno mah Fair Association. I On Monday r' August , the first field . will face Starter Mulholland, and from then oa until the close of the meeting six or more events will be on the daily pro gram. ive hundred, many of thein horses of high degree, will struggle for the purses which the Association will hang op, and with anything like, an even break with the weather, Portland will have one of the greatest and long est meetings ever held in the state. The entire plant has reea renovated. Since' the 2n new stalls have been added to the old ones, Irvington can stable without crowding, Wmi horses. Racing Secretary Rolert Leigbton has informed PjesidentiA. R. Diamond that his list shows that 486 horses, through their owners and tr&iners, have asked for stable room at Irvington, and that the list was by no means complete. ' In addition to the $1,00 la . perses which will be giveq away daily during tlo six races, there are six stake events, and if the Association deems fit to ex tend the meeting for another two weeks, other stake events will be added to the program The six stake events in which, the nominations were re ceived last fall follow; '- Wednesday, August 10, 1904. Tho Oregon stakes. Five furlongs. $S00. Saturday, August 13, 1'J04. The Webfoot Selling Stakes. Six furlongs Wednesday, August 17, 1301. Ths al urant or the commamv oi e J'e-, j.ington nndic:ip. "One mile and a nartmerit of theIak(-s. Grant will go lf.n;ircr j 000. ' - to the Dopartmctn of the East, with! , , .1 .- .',.. . hea.lquarters' a .Governor's tsland.1 1 nn.ayt August 21, 1004.The Li v;n:.. r Juvenile Hand w,ir. Five fui longs. the passnge of the bill. Of course, there were a giNxl 'mairv who had lo-.vn prujrty outside the limits of the rity and who received the lem-fit of the city and city's p.dieiV and fire department without jiaying the taxes for the inain termnce thereof. TSiey were the ones wlirt ihumisih! the move t -- However no one l.i..l,tr l at the time the riglit of the Legiabiture to pass the bill and .to' adopt' the "legislation. This jMiint was admitted in. the meeting. of citiiens held oh January 2ith for the purpose of diseuswsiug the matter, by one oi the grcatt jurists of Salem an. I himself a strong opiwirncnt of tho move, anl that was no less a ersonage than Miide It. V. Boise. IA : ,Ju.-t on what grounds the attorneys for Mr. 'Miirphv and the others who are nsociated wjth hhn, for there are s:iil to-be about a hundreddhers who are the expensive luxury of joiiting hini.in Iho Jaw. expect to win tho rase, if they do so expect, is not known. Mr. l' gue would jfivo nothing out, neither would Mr, Muqihy. As stated nlve Mr. IVgue ffiys he has something under hi ." Ibl,'? and what that Is he refuses to ' disclose. ; Inquiries among the etlior imjwirtant attorneys in the .city" elicited no idea of .'nny possible grounds, nnd a good rfluny who claim to have looked ctirefully into the legality of the net say they could fin. I nothing at alt on which to luise a ease, nnd it is s.Wil that n; prominent capitalist who will bo af ferted in n large way by the change, secured that n l-iwyer of the very high est, one who" has his name written nil over the established laws of Oregon, J.iok into the matter an. I he said that t he." law seemed all soli.l rnoiigh and that nn attempt to break it would meiui nn expend. tnre of money without any luqip of success. ' One of the points, that Mr. I'ogiie nnd Mr, Holmes will base their c.asi on nt least Is the law which was passed by the Legislature with a view to fix ing the manner by which incorporateil towns and cities e'ouM jirovble for nn extension of their' limits. This . law however, in the-opinion of .many attor new, will not hold any great quantity of: 'water as the constitution says that the legislature "-assembly.- shall pass special -legislation for i the corporation of cities and towns. The section . referred to is number 2('i!0 of -Bellinger nnd ('nttnii's code and it sa.ys that the beundafies of any ,;municipaj corpfoation now exist ing may lervefit, nnd'in f:ict is htado a jirofitublo business because it is . in the city "of i Salem. J Jnst who the other subscrilicrs to tha fund are eoubl not lte learned allhonch the Statesman, tried ti get a copy of the list. J '. The plaintiff and his attorneys ask that a rule be granted fixing a time when the defendents shall answer, anil tfiat he be given- a judgment for his costs in, addition.. . Multnomah Handicap. '$."). j: - "Satnrdav. - ' - Anmst Seven furlongs. 0, 3Wi. The $300, . Saturday, Angnst 27, 190-1. The Ex position Handicap, One mile. $000. The nominations' . Ar these stake events aro mado of the bewt horses that ever remained on the Pacific 'oast to race. ... - -. - r '; The Death Penalty. A little thing sometimes resnlts in death. Thus a. mere scratch, insignifi cant cut or pnny boils have paid tho death penalty. It is wise to have Bueklen's Arnica Salvo ever handy. It's the bet salve on earth and will prevent fatality, when Burns, Sores, Ulcers and Piles threaten. Only 25c, at D. J. Fry's drug store. HOLD UP AT PORTLAND. PORTLAND, Or, Aug. 5.-One of the Portland lleigths cars was bel l uj at the corner of 20ih and Spring streets tonight at about midnight by two masked highwaymen. For resisting ono of the men; a motorm'in was fired upon twice, but the shots went wide .-of the mark.. The men then went through tho earvand robbed the conductor and eight Cassengcrs. This in the third street car eld up within a month. The amount seenred was thought to be considenihlt'. FOR NEW TEXT E00K3. (From Saturday's Daily.) - 3f. Grant, of Senttle, trpresenf alive of Oinn.fc Co., publishers of ten boohs, was In the city yenterday conferring with Frank Davey, secretary of tit State school text book eornini i. abont arranging for a meeting of t :. jCommisiion to consider the niloption r f a' new text book on the ' "Louir-i-i IurcLie" j,utli.,!jcd by tl. it c