vteeexy oeegoit ztatzzziaiti Tuesday, tjecize:e3. sa. isoi. FOR OREGON H02B PEE3UUM3 T2XAH ANY OTH-' 213 wTATE F02. Tlili MOOTEY. WAS DE2mZ ONE GBAXE PEIZB list of Medals and Prizes Awarded to . ta SUU of Oregon at tns World's Tatr. Tare Qrand Prizes, Sixty-Seven Go la Jledajkarifty Sllrer Medals, and h. Eerenty-One of Bronze Corns to the Exhibitors of the State. POBTLAND, Or Dee. 16 (Special) President Jefferson Myers of tbe State Commission for thn Lewis and Clark Fair, today said that the prizes coming to uregon irom ine uobwhuw Purchase Exposition at St. Louis were greater in number than tnose awaraea to anv other state in comparison to tbe amount of money that tbe exhibit cost. Tbe following is the list of prizes awar ded in each department: Department of Agriculture ( Which includes one gold medal for dairy.) ' 1 grand prize, 43 gold medals, 50 silver, 23 bronze.. Department of Horticulture 2 grand trizes, 7 gold medals, 84 silver, 34 ironzc. Department of Fish and . Game 4 gold medals, 9 silver, 1 bronze. Department of Mining 2 gold med als, 1 silver medal, 10 bronze. (I'eti. tion pending for grand prize.) Department of Forestry 5 gold med als, 2 silver, 2 bronzed Department of Education, groups one and two 1 gold medal, 3 silver medals. 2 bronze. Department of Livestock 86 head of sheep sent by JJald win ftneep s una Co. won 31 premiums, divided as fol lows: ftamboaillet, IN; Delaine, 7; Spanish, 6. - Oregon exhibited tbe larg est and heaviest shearing Spanish ram ever seen in this or any other country, but was refused a prize, as the judges called him a freak. Tfee value or tne exhibit was about 412,000. Chas. K. Ladd received on a herd of twelve Shorthorn cattle, 21 first prizes, 1 sec end, I third, 2 fourth, 2 fifth. Wm. Kiddhv of Polk eotiny, was awarded second prize ($100) on five head- - of Kent sheep, and 2 firsts and 1 fourth on four Angora goats. The total number of prizes, outside of tbe stock, was: Grand prizes, 3; gold medals, 07; silver medals, 150; bronze, 71. THE STATE FAIR QUESTION OP HAVING ONE NEXT YEAB IS BEING DISCUSSED , SCANT SAY HAVE IT. Idea That It Will Hart Lewis and Clark fair Not Tenable Amount of , Money tne legislature win so ask ed to Appropriate for rair. The State Board of Agriculture will meet at the Capitol building today (Tuesday) rn its regular annual session, and thvn the question of fixing the date for the coming. State Fair will be brought before them. There will be a doubt about the matter until after the Legislature has met and disposed of the state 's mortgage against itself, which stands today as a menace to that great state institution. . The mortgage is tbe one which stood against the property when the state took' possession of the Fair Grounds some years ago, and whieh grounds were accepted subject to the mortgage. The State Board of School Land Com missioners,' however, feel that the prop erty is good for tbe amount. and they have begun foreclosure proceedings thereon, with a view of forcing one hand of tbe state to pay tbe other hand. The amount'of this mortgage is 1U,000. There also stands against the State Fair Board, and really against the etate, an other claim amounting to over 19500, whh is owing to Ladd & Bush, being the money spent in placing water mains and hydrants on the grounds and in making other improvements, and which amount - the Legislature appropriated two yearsago, but .which was vetoed by Governor Chamberlain, it being on the "stake and Tidered" appropriaton bill, as it has been termed. : The Legislature will be asked to make the appropriaton for the . pur wse of paying these two accounts and in addition tbe usual appropriaton for pmniom lists. 1 s .the valueof the State Fair to tbe. state is becoming more and more . ap parent every year, and here is no doubt at all that the State Fair has created rivalry in the raising and breeding of fine and fancy stock which has made it possible for an Oregon breeder to go to St. Louis, the geratest fair theworld ever saw. and take "blue ribbons away from other competitors., -- It has done much more to develop tbe best there is la agriculture nnd it certainly is de serving of the very Wt support the state ran give" it. It is for all the state and it serves all the state well in the manner intended. President W. H. Downing in speak ing of the Fair yesterday said that be had sent a letter to every member of the State Legislature on the subject of appropriatons that were .needed by the Fair, and has received favorable an swers from the greater number of them. The letter Is so to point and covers the ground well. ' In it President Downing ssid: . "I deem it advisable to thus early tall your attention to some facts and eon3itons relative to the Oregon State ir that yoo may have plenty of time before the opening of tbe Legis lative session, to loolt into the matter and decide upon the proper course to adopt. i r i ..- ' You are aware, of course, that the state of Oregon owns i fee simple the valuable tract , of. land whieh is nnA for the purposes of the annual State Fair, together with all the buildngs and improvements thereon. This propertv was deeded to the atate by the old Board of Agricultur a few years ago, and the Fair and its management be came in fact as well as in name a state institution. Since that time tbe central character of the Fair baa been enlarged j and improved from year to year, and it ha ben conducted without creating any indebtedness, ell tills- and pre miums paid promptly sad la full. "Bat severs! yearn so tbe old board Uborrowed osite a sant of money from the Htste Hebool ana, .ana taat wan baa never been paid. The interest tttMB. ass continued to aeeninolate nn- i in cqe phi ire ism an 100 kiwoi m about $19,000. At. the. time the prop erty wii taken over try tne state, tne existence of tbe debt was known, bat as the debt was doeo the state by ths state, it was sot supposed that there would be any trouble about it. The 8tate Iend Board, however has deeided that' the amount mart be made good to tbe school fond and a suit has been en tered to foreclose the mortgage., v This snit will revolt in the sale of tbe Fair Grounds property nnb?s tbe Legislature takes such action as will prevent I it from going to trial vz: . Makes an ap nropriatooa from the genral f nnd suf ficient to reimburse the school fund. That is tbe coarse whieh we believe, the wisest to pursue, and that we feelbat tbe prudence and patriotism of the gen tlemen of tbe Legislature will dictate to them. - " . ! 'Of recent years those who are ac quainted with tbn State Fair and its results bsve been and are very proud of it. It has ' accomplished -wonders for the livestock interests of Oregon, and tbe Northwest. The system of liberal premiums whieh has prevailed for some Tears nasv aroused a sptrt or rivalry among tbe breeders of fine stock that has resulted in exhibitions at our fairs which could notbc excelled 'Jn ' any lart of the world. It has stimulated the. improvements of breeds to sueh an extent that one of Oregon's . citizens was able: to go back to St. Louis this year, enter into competition with the best of the world 's stock and carry off blue ribbons. This fact alone is worth more to Oregon as an advertisement than all the money which has been ex pended onthe State Fair for ten years, and this f set was made possible only through i the influence of our annnal Fair. The beneficial effects of these exhibitions are not only noticeable in the greater number and finer quality of each year's showing by exhibitors, but can be alsoj seen en exery intelligently kept farm in tbe state. Every poultry yard, every sheep .paddock 'every pig pen every horse corral in fact very branch of industry gives evidence of that spirit of improvements which is tbe result of displays made at oar State Fair. i ' "With those facts before oar minds, tbe State Fair eeasv to be a local gath ering, but, it as once a source of interest and pride to every citizen of Oregon, and the question of its permanent and liberal support can scarcely admit of argument. Ths amount which it costs each year goes back into the pockets of those people of Oregon who are do ing most to make Oregon famous and prosperous. Premiums are paid for only tbe best in productions of either nature, industry or art, consequently the money goes bark to those who excel and who are constantly stimulating the efforts at improvement and perfection. "Yon are therefore earnestly invited to think of the State Fair, as a worthy and most important state institution and o protect and en courages it ac cordingly." v The, hoard at its meeting next Tues day will be called upon to elect officers for the new year, and as secretary Wylie A. Moores, he having been elec ted city recorder of this city, wilrnot be a eandidate for re-election there are a number of candidates in the field, and much interest centers around their ef forts, i The three most prominent candi dates are P. L. Frazier, the real estate man, and recently elected to the city council; Frank Davey, and Frank Welch. Just which of them is in the read in the fight Is yet unknown. On January 20th the managers of the race meetings or the circuit to which the State Fair belongs will ; meet in Portland for the purpose of fixing dates for their meetings, and the dates of the State I air must be' fixed before that time. . Tbe question of a Fair next year is ing discussed pro and .eon all over the state but the most of the friends of the State Fair seem to think that the State Fair would not hurt the Lewis and Clark Exposition at all, although tbe Lewis, and Clark might hurt the State Fair attendance some. One idea with President Downing is that with a State Fair this year and just before or after the stock show at Portland tbe State Fair should have the best stock show ever seen here, as there is no doubt at all that many Calif ornians will come through here with their stock en route to the Lewis and Clark. One argument in favor of the Fair here this year is that many people will eome np from Portland and thus see the valley who otherwise will eome to Portland and thca -go - right back Fast from there, ind wilt really know nothing of Oregon except the sage brush. plains which line thc'O. It, & N. Railway, and the city of Portland. The argument that there would b no county exhibits will hardly stand, for although the counties might not exhibit as freely as heretofore, there would be a good Fair and that manv would attend. Tbe race meeting would as nsnal attract great crowds. NOT SMALLPOX. Scats at Gervala Calls Forth Explana- i , tlon from the Star. i t The Gervaw Star says: An explana tion is due the public in reaf to the recent smallpox scare that has prevail ed at Gervais. The fieis aro these! Mr. John Mills and his little son. resid ing two miles eat of town have had a malignant attack of smallpox but are now welL The i two boys of Victor Cairbas, living in town, had an attsck of mild verioloid, and are entirely recov ered, having only leen sick a few days. liteir Homo has reen thoroughly furai gSted and all trace of the disease erad icated. .. e...-;..- :, - ,r.-.:'.; ? , The-wsy it liatpeu-?d was this:" Mr. Mills hired, about a month ago a tramp. with afew scabs on hU face, to help hint unload a ear of barley and tn rough fx tKpiration on tne truck handled by the tramp Mr. Mills wss ieoeubted by some manner probably by his skinned and sore fingers coming in contact with virus. His son took it also. Tbe Cnm bas boys were arouni the warehouses about, that time and were nlso infected. Al four eases coming down "about tbe , It speaks well for our 'town aud its ph'iciias that prompt and vigorous measures were pursued from the first and tbun toe disease was. kept under control and from Spreading. " It also shows that onr;town is in a healthy condition: ., : t,, . Wfth this explanation we welcome the public "tone and all to visit as as 'usual. We will be glad to see them. NINE LIVES - i -: ARE LOST STEAIECB GLEN ISLAND BURNED . IN LONG ISLAND SOUND. ALL ESCAPE WAS CUT 1 OPP Fir Dscovered About Mldnlgut on ths Trip From , New York to ' V New Haven. . The Alarm Caused Great Confusion and Life Saving Was DtOcult rire Evi dently. Statrted In Dynamo in Center of the Ship. ' ' " NEW YORK, Dee. 17, By tbe burn ing of the Star in line steamer, Glen Island, in Long Island Sound today, nine lives were lost snd property rough ly estimated at $250,000 was destroyed. That more lives were not sacrificed was undoubtedly due to the personal cour age of the officers of the crew and the excellent discipline mantained when a horrible death for all seemed almost a certainty. When the, steamer was aban doned she was flame-swept from stem to stern, and yet tbe only persons who lost their lives were those whose es cape 'had been entirely cut off by the tire before the alarm reached them. Of tbe thirty-one persons, including ten passengers, woo saiieu away g am Glen Island last night, twenty-two, in cluding eight passengers, were brought back today, v v ' -, , . The dead passengers are an unknown Hebrew woman, said to have resided at -j6 Hamilton street. New. Haven, and an unknown man, supposed to do a ew Yorker. Tbe following members ef tbe crew lost their lives: W. E. Hendriekson, assistant engineer; Luman Miller, fire' man; Frank Bush, fireman; John Burke, fireman; Otto L.. AJforaa, fireman; O. Berg, deckhand. Among the passengers rescued . were Mr. snd; Mrs. Frederick B. Street, of New Haven, and their two daughters; Max Levin of New York,' Nathan Dub lin, of New Haven; Arthur Wallace, of Wallingford, Conn. ; Tbe Glen Island left her dock here last night for New Haven. The trip down through the Sound was without incident. Abut midnight, when three miles west of Greenwich, Conn., there came a rush of stifling smoke from the hold and every eleetrie Igbt on board tbe craft went out. Captain McAllister sent In tbe alarm for fire drill, and the men came turn bling out of their bank. In the mean time the steering gear had been block ed and the pilots, finding themselves unable to direst ' the course of tbe stvamer, hurried to the assistance of the other members of tbe erew in sav ing lives. Captain McAllister ordered Pilot Me- MUiim to go 10 ine nurrieane oeca anu loosen one pf tbe boats, while he went to tbe main deck and tried to looaen the two large lifeboats. Captain McAllister managed to loos en tbe nort lifeboat. Tbe other life boat was frozen to tbe deck, but a smalrer one was soon reader to be low ered away. While the officers and erew were working there .was a scene of confu sion among tbe ten passengers. They ran about the salons in disarranged clothing. The' woman who lost her life had been aroused by the stewardess, and was on ber way tto one of the. boats when she suddenly turned and dashed back into the flames in the cabin. It is supposed that she went back for her valuables. "She was not seen again. There wss no possibility of waiting for the . rescue of those who failed . to appear at once. In , tbe large boat (en people were afloat. , They included tbe eight ; rescued passengers and seven of the crew, including the captain. The smaller boat which Pilot McMullin had managed to free, carried seven passen gers. The two boaia were rowed as far away from the burning steamer as was necessary to escape destruction, and waited there and watched the boat burn. .They made every possible effort to find any possibre survivors, but there was none to be found. ilow and where the fire originated is a mystery, but it is believed to have started in a dynamo located below and near the center of the vessel. Nearly all of tbe passeneers vr" in their berths when the vessel suddenly became filled with stifling smoke and tbe lights went . out. Ho heavily laden was tbe second boat that it threatened every moment to eansize. Tbe tug Bully eame to the rescue and ran in as close as possible, but nothing could b seen of tbe nine missing persons,-and all hope for saving them was given up. ,Tboe in the lifeboats were taken aboard and the tug headed for New York. f-On ,the way she met the steamer I'rastus 'Corning, also of the Stsrin linv, and the rescued were trans ferred to that vessel. They reached the city shortly after 7 o'clock this morning. Beyond their having suffered severely from, the cold and nervous shock, none -was injured. Captain Charles McAllister, who com manded the Glen Island,' escaped with onlv his underclothes, trousers and an overcoat. He lost nearly ' everything ne owuei, including money, jewelry and clothing. He waa tbe last person to leave the wreck. ?x According to First Mate La rsen the fire broke out in the forward part of the steamboat, when she was off Cap tain's Island. Larsen declared that it sremed to have ' gained a headway which it was hopeless to attempt to fight, snd in a few minutes the entire vessel was ablaze. '; - 1 The four firemen, two deckhands, and Engineer Hendriekson. who perished. were in tbe bold and could not escape before tbe flames swept over them. The two passengers reported dead were miming when the survivors reached the boat- It is supposed they were caught in their cabins and burned to death. - the street girw, who were rescued. ere students at Vassar. and were on their way to New Haven f of the holi days at home. : LIE2AET ASSOCIATION, ; Will Meet in Annnal National Confer- ; , eoco at Portland. - - , PORTLAND. Or.. Dee. Iff .rtnl. the first week' la Jnlv. 4h 07th conference of the American Library Association will be held in Portland, Oregon. This it an opjoTtanity waicu must not be neglected by all thoso In terested in tbe library development en J euc8t tonal progress of the state. The Anre.ican Library Association had Hi inception in Phila4lelphia ' during the Centennial year, 1876. Hi nee tht time yearly eonfereae.es have been held cov ering the count rr from the Atlantic seaboard to California, from Atlanta, Georgia, in the South,, to Montreal in the Nortri. rTbese meetino-s are of a strictly practical nature. One object is constantly kept in view, the co-operation among librarians in the interest of better and more economical administra tion looking;- to a more efficient and satisfactory service" of the public. Among the sub jects usually discussed are: ' The best library legislation; how to further the establishment of librar ies in every community; library build ings; -the wise selection of books; the best methods of cataloguing and class ification; library reeords and bookkeep ing; and above all, the' educational and missionary features of . library work reaching the young people through the schools" and the adults by -means of traveling libraries, delivery stations, branches," etc These, eonfe.eaees of the AL. A. have aioused an intetv-st in library matters wherever they hve been held. Those attending the meet ings of tuis body of earnest men sd women working together with definite purpose' csnnot fail to be eonvineed of the necessity of a library to a commun ity as a part , of its educational equip ment, supplementing the work of the teacher in the public schools and giv ing young men and women whose school life must end; early -the opportunity for self education. Every man and wo man interested in good citizenship, in library development; in the general pro gress of education in this state of Ore gon should set aside those first few days in July for a visit to Portland to attend these meetings. The librarians of Oregon are scat tered over a wide area of country. The time, is now ripe for organization so that yearly or half-yearly meetings may be held of one or two days dura tion for better acquaintance with one another, for consideration of plans and discussion of methods. A meeting of an tnose interested m library work and of all librarians present and prospec tive, will bo held in the Portland Pub lie Library, corner Seventh and Stark streets, Portland, on tbe morning of Tuesday, December 27th, at 10 o'clock. will all those interested in this move nrat .or desiring- further information, please write immediately to Miss Mary Franees Isom, Librarian of the Portland t'ublie library, Portland, Oregon, ON THE SEA SHORE. George Collins Having a Good Time Whre tbe Ocean Zephyrs ..BlOW, Tbe letter which ia given below' will no dout' be the means of clearing away .7 rest myu y and also cause tbe mourning friends of the writer, Mr. Geo. Collins, to, take a fresh lease of life' the same time give the "pro bibs" a new strangle hold, as it proves conclusively that a man may go bunt ing and lUhing without having more than his usual allowance of ."snake medicine" and still live, even though he has to substitute , tea water for "mountain dew." It'wiil be remembered that tbe writer occompanica wy r. ocott lezc in is city uecember a on a hunting and Ashing ex pedition to the Siletz reservation. Af ter they had been away foe a few hours, more or ; less, it was discovered that they had forgotten to take a certain big demijohn they bad been hiding be hind the door, and their friends knowing tbe effect of the loss of ': this demijohn would have on their, alreadv delicate constitutions they immediately- began a search for them, but to no avail, as the only thing they could find was was tbe tracer of someone who had used a cord of wood to fill up a chuck hole in the road and a blue haze in the air, eaused by the f . . . . innocent remaras or ine parues eonnee ted with the expedition. ' The letter is written from Kernville, anu says: - 'Editor Statesman: . "Thinking that you would like to know how those two "boya' are get ting along that left Salem on December a for Siletz reservation, and who for got their' snake asedieine, I -will juat say that we arrived at Newport about t mm nigui. "The next day we started for our destination, arriving at Wm. Smith's (or Wild BUI) ranch abont 5 o'clock p. m., after extracting our horse out of the mud hole, two or three times. After spending the night there we next morning startfd again and with "Wild Bill " ahold qf the steering apparatus, s x ..... ; 1 1 m. rriTr'i m to- iiuewnai. mere we ex' changed 'our horses for Scott's four- oared "auto! in which' we completed our journey, arriving st 10 o'clock p. m we men commenced to dress game lor supper, consisting or one lone duck After eating supper we took a drink of salt water (oh, for a little snake bite!), ana went to Da. We slept well and next morning start ed out to hunt ducks or anything that could flv, and had good lock, returning to Hotel Hcott at 5 p. m, and picked dueks 'until 12. The next day was the same as the preceding one and every day, and up mi touav was an witn tne same results, f rva 11 . it wniie ioiay we are trying' to ne gotiate with "Wild Bill "to haul o feathers to Newport, but he sajea-fcol has only two horses, butlfJwan get one more horse so as to take them all at oho load, be will take tho contract, and as we are about, of ammunition, will have to retrace our tracks toward the valley, which we hope to reach before Xmas. Yonrs truly, ... - One of the Boys. As will be noticed, the letter says they would start back in time to be at home for Christmas. Well, it seems thst while they were walking along tbe beach tbe' next day, Collins carrying a couple of boxes loaded with roek ovn ters and clams, they were attacked by a ferocious jelly-fish, when Collins, after heroic but futile effort to save bis companion, deeided that "discre tion was the better part of valor," hiked "over the bills and far away" toward Yaquiaa, which place ho reach ed in time to cateh the train for homo and was landed at tbe depot all o. k, he.Btill having the boxes which were branded "loaded shells," In his posses- naves IrAnGfiQT STOCK mt Holiday CWi latboefty. Call aat fnspoot tHom ho. fors)bnrinlalsowbr. F G Hifin . TST1 mT. PHILIPPINE GOVERNMENT CIVIL GOVERNMENT BELL PASSES ; EENATE BT 41 TO 23 VOTES. CABBIES BAXLBOAD PBOVISION. Gmaranteea Bonds of BaDway Com- Sanies Under New Construction. at 4 Per Cent - Anthorlzsa Inaebtedneas for Public Improvements in Cities and for Gen eral Government Provides ,for Gen- . eral .Government of Islands. WASHINGTON, Dee. 16. The Sen ate today fjbj a vote of 44 to 23, passed tne i'nnippine civil government bill. The final vote wss preceded by tbe pre sentation of many amendments, and a general, discussion of them, as well as of tbe provisions of the bilL On some of Vhe amendments suggested by Demo cratic Senators several Western Bepub- lieana voted in the affirmative, but Me Comber was the only Republican who voted with the Democrats against tbe final passage f tbe bill. The moat notable change made during the day was in lowering tbe rat of interest on railroad bonds,' whieh are to bf guar anteed by the Philippine government, from five to four per cent. The bill as passed exempts from taxation all bonds leaned by the Philippine and Porto Bican governments; authorizes munici palities in the Philippines to incur a bonded indebtedness amounting to five per cent of the assessed valuation of their property at five per cent intrest; authorizes the Philippine government to ineur a bonded indebtedness of $5,' 000,000 for improvements, at four and a half per cent interest; authorizes the Philippine government to guarantee payment of ibe. interest" on railraid bonds at the rate of four per eent per annum; provides for the administration of immigration laws by tbe Philippine authorities; establishes a system for loaetion and patenting mineral, coal and saline lands; fixes the metrie sys tem for tbe islands, and give the civil governor the title of governor general. During' the day Beveridge, from the eonfmutee on . territories, reported tbe statehood bill, and he will make a mo tion on the first day that the Senate convenes in January that consideration of the bill shall be entered on at 'once. SUPREME COURT JUSTICES HAND DOWN EIGHT 111 POET ANT DECISIONS COVES ING VABIOUS POINTS. Oscar Bogaway, ths Lebanon rire Bug, - Win Not Be Given New Txal BU- wax Damage Case Beversed Eastern Oregon Criminal Cases. In the ease of H. Maynard, res pen ent, vs. The Oregon Railroad k Navi gation Co.. appellants, annealed from Judge Robert Eakln's court in Union county, the court reversed the decision of the trial court and remanded the easy for a new trial. This was an ac tion for damage for a personal injury alleged to have been caused by negli gence of the defendant, and its agents in permitting a collision between a pas senger and feirght train, the plaintiff being a passenger on the former. Tbe appeal was taken on errors of the court in permitting the plaintiff to give certain testimony which it was said was given solely for the purpose of influencing the jury, the plaintiff claiming mental anguish ana distress when he contemplated his condition and thought of his impossibilitv of support ing and educating his 13-year-old daughter. ! .,!-..-. The court held that such mental dis tress is not' the. natural result of the accident, but is produced by the opera tion of the mind in the contemplation of tbe physical condition to which 'the injured party -is reduced or in content- fdation of any extraneous suffering or neonvenience that such condition might entail whether it respects the person himself or others dependent up on him is not regarded as matter prop er to form tbe basis of consequential damages. Anguish of the mind wholly sentimental cannot be considered for tbo purpose of swelling the damages. Another question that wss raised wss whether tbe court erred In admitting certain photographs of the wreck taken ine day arter, wttb a vi w to showing tbo force and impact of tbe collision, but tbis the Supreme Court held to be competent evidence, as "the situation could not be so well demonstrated las it could be by the use pf photographs." Another instruction eiven is 11 fob lows: - t"The court instructs you as a matter or law that it there is a failure of the common carrier of passenger to exer cise all the care and diligence that' is reasonably practicable, In keeping its passenger trains and appliances in a safe condition then the duty of tbe car rier is not fulfilled and it is liable for any injury or damage of whieh sueh neglect is the approximate cause, pro- urea inn arsons injured is himself using reasonable care and caution to avoid sueh injuries. ; - S "The 'defendant complains of this because tbe only negligence alleged in the complaint for which recovery is sought is touching the operation and management of tbe department of its passenger and freight trains, and tost the duty of the company to exercise care and diligence to keep its passen ger trains and appliances in a safe con dition was not involved. Plaintiff must recover, if at elL for the action and will not be permitted to allege negli gence in one respect, and to recover for sueh as the company might hav been gnilt-Tof in 'another. Any other rule would lead to interminable' surprises and consequent injustice. It i plain that the instruction permitted a recov ery for negligence not alleged and was therefore error." . .. . j. - i 1 1 ' ' 1 1 .... -. Tbo eM At Pmr W. Rloaa vs. Benjamin LeBoy Eloan, respondent, appeal from Judge Eakin's court in Baker conn! r. i iatrMtlnir mm u.u. tabishing the oft contended plea that silence give' consent. It seems that tne plaiatiff held a note .against the defendant on whirh a payment of $2 was endorsed ia 1001, tbe amount hav ing been the interest af tbe defendant in some corn in Indiana, The note was overdue and suit was brought and the defendant alleged tbe statute of limita tion, which would have run had not the payment noted been endowed on the note. Defendant claimed that the cn dorsement was made without Ms direc tion, and the trial court held that the indorsement so made could not stop the statute, running. The Supreme Court, however, on noting evidence that . the defendant bad beea written to by his agent in . i !! of tbe endorsement having been made, and not having writ ten back to object to tbe money for tbe corn being so applied his silence would bo held - a giving consent and ! fund r.as r nt hnr for a rehearing. The esse of P. P. Tinsley respondent, vs. B. M. Lombard, appellant, appeal from Judge Eakia's court in Wallowa county, was also reversed and reman ded. This was a ease where two mort gages, being, mortgage on same .prop- erties, and one tried to claim tbe priv- J ilege of - the statute of . limitations' against tbe other. The court held that only tbe debtor could avail, himself of the privileges of this statute. Judge Robert Eakin's decision m the court for Wallowa county in tbe ease of If. E. Oakes, et aL, vs. AVallowa county is affirmed. The Supreme Court holds that a justice of the peace in whatever action, criminal or civil, or sitting as a magistrate is entitled to his fees as such, and if the county court refuse to allow Such fees, an 'action at law against the eountv will stand.. ' The case of Francis M. Feller, convic ted of lareenv, in Harney county, by Jddge M. D. Clifford, was affirmed, and Feller will suffer for the crime. Jeo..W. Breaw was indicted in Baker county on nine counts for forgery. He waa tried and acquitted On two of the county and be applied for an immedi ate trial or dismissal of the other counts on the clause in tb statute which says tbat "if a defendant indicted for crime whose trial - has not been post poned upon his application or bv his eonsent, be not brought to trial at the next term of the court in which the in dictnrent is triable, after it is found, the court must order the indictment to be dismissed, unless good cause to tbe contrary be shown." ( The Hopreme Court 'oi.holds the trial judge, Hon. Jiobert Kakin, in that tbis clause means tbe "next term" and not tbe eurrent term. The court affirmed the" decision of Judge Geo. It. Burnett in the Albany court in tbe case of the state against Oscar Roga way, charged and found guiltv of burning his mother's store at Lebanon. An attempt had been made to throw out Roga way's confession made freely at Lebanon, but tbe 8u reme Court deeided it was competent evidence. The decision of Judge W. F.yis in the court of Umatilla eountv in the case of The Little Walla Walla Irrlga tion District, a -municipal corporation, appellant, vs. O. N. Preston, and others. owners of certs I a riparian rights along said Littlel Walla Walla river, respon dents, wss j affirmed, the court holding mat as tne appellants bad not purchas ed nor acquired the rights of the re spondents in this esse, and therefore no interest in tbe wster or water rights which are being interfered with bv the defendants and as if has no power. unuer tne statute to regulate tbe use of water, belonging to private individ nsls, it has no interest in the contro versy, and therefore no- standing in court to maintain this snit. WOULD END CONTRACT. Taft Beady to Discontinue Mail Ser vice on Pacific MaU Steamship Company's Bout. ' r ' wAoiiirsuiv. .wee. jo. roe eon- tract between tbe Pacific Mail Steam ship Company and the Panama railway will be ended within a few months, ac cording to authoritative information. Secretary Taft, during his recent visit to Panama, looked thoroughly into the property affairs of the Panama railway. tie win confer with the President re garding the policy to be pursued in the management of the road, but it may be stated on high' authority' that the de termination to end the contract with the Pacifie Mail Company has already been reached. Tbe Panama railway has heretofore been run as a close corporation, ap parently for tbe purpose of paying fat salaries. . The President, general man ager, resident manager and several other officials receive salaries of f6000 each, and the total expenses are $200, 000 a year. . To raise this sum tbo rales on fort-seven miles, of road were rais ed to prohibitive. figures. Until recent ly the-pasarnger toll from Colon to Pan ama was 8. It has been reduced t By binding itself to the Pacific Mail by a eon trad whereby all through bus iness wss handled exclusively by that eomuanv. the Panama company pre vented tbe growth of general commerce and the cMMblishment of steamship connections. The income under this system was barely high enough to psy the high salsries of the road's officers. With the railway open to alt busi ness offered, when the canal is opened for traffic, it will constitute a. vuln- side aid to commerce across tbo isth mus. . . :TO dDILDD If yMi are going home to your cJiildhocxi'ii home thM ye.ir. rrmruiber that the NOKTHEnN PACIFIC leads to er rylKKly'H IiotjjO. ' . You can go by sraj of St. Tanl to Chicago, or St Iuia. and thence reach the entire East and South. Or, yon can go to Dnnth, and from there use either the rail lines, or one of tt nperb Lake SteaMer down the lakes to Detroit, Cleveland Erie, and Bnflalo the Pan-American City. jSfcttrt right and yon will probubly. arrive at yoor derMia tlon all right, and, to start Vight, nse the Northern Pacific, ana preferably tbe. "KOIITJI COAST LIMITED" train, in aervice alter MAY 5th. ; . . - Any local agent will tiame ratca. , A. D. CHARLTON IS MORE PROOF easnBsssHsasBJSBSHsnaMBMBBi . TESTIMONY IN SMOOT EVESTI. CATION DEVELOPS 1I0BE MA TERIAL OP IMPORTANCE. Prominent Mormons Admit They Have Been Practising polygamy and That Smoot Knew It Smoot Voted for Polygamln Knowing Him to Be Bach WASHINGTON, Iee. 17.-More im portant testimony was brought out to day in the investigation of protects against Senator Smoot thaa mt any time at tbe present session of Congrca Witnesses Charles II. Jackson, chair' maa of toe Democratic state committee ia Idaho; John Nicholson, chief record er in the Mormon Temple at Salt Lake City; Charlvs W. Penrose, editor of the 'eaerei Afw and an 'aHstie of tbe Mormon church; Wm .Budge, president Dewret Aews and an 'aHNtie ur -r uie mit in Jjaho, and Apostle John Henry Ntnitn, of Halt Lake. Penrose wa elected an apostle last July and th attorneys for Sens tor Smoot admitted that the Senator was present and participated in the election of Penrose. Penrose 'testified that b. was a polygamic and knwn as such at the time he was nia.JL$ an apoiitlc. Tbe teotimony of Jackaoii snd Budgo related to political affairs in Idaho, I bo former being a prominent Mormon and the latter active in nrotcrtimr h i-. terests of the church. Kxnmination of ApoMIe John Henry Smith wa not con cluded when the committee adjourn. -d. BOARD Or TRADE RESUMES INQUIRY. LONDON, Dec. 19.-Iiepre.urative of the Board of Trade, who are inquir ing into the North Hea incident, resum ed their sessions in London today. Rev era! individual claims were presented. TERRIBLE STORM OPP NEW FOUND LAND. ST. JOHNS, N. F., Dec. in.-Kcver:.! schooners belonging to the Inland wero driven off by the gale on !) inler II and are still unreported. The creem, a total ot sisty men, are feared to have been lost. The acbrtoncr Klondike which went ashore at Ci of St. Maris yesterday, is a total wreck. The crrw is safe. . CLASSIFIED Ars IN 8TATESMAN PBINO nESULTS, The Bargains In Pioal Estate are not all sold. There ran tie 00 doubt about this being a big bar gain: A new five room bouse with closets, porcb, wood house, fine well of wster, beautiful oak abade, lot 75x150, located in Yew Park on car line, throe blocks school, renting for eight dollars per month, can lie bought for eight hundred and fifty dollars, on very easy terms if desired. This farm Mill, sell in a few yean, for $40 peir acre. You can buy it at this time for 17.50 per acre, 100 acre in cultivation, house and barn, spring and well water, all fenced, located 5 miles from ' r-alem. Part cash. Bal- ance to suit. A fineetcck ranch of 1100 acres, large honse and bnrn, a large part of the place easy to put In cultivation, running water, part good saw timber. Will sell sll or part for 112.60 per sere. Term to suit. If you want to buy, sell or ex change . see me. Tell me your wants.! I!. S. RADOLIFF Room 11, over Red Front Drug HUwe. Comer of Cenimernal and State THE IHICDMIEi Aaatstaat Oeneral rasseagrcr Arcat, rOB.TX.AVD, O3.X0QX' 7