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