DAILY CAPITAL JOURNAL.
3
VOL X,
SALEM, OREGON, SATURDAY, AUGUST 38, 18T.
xo.
REHEARING
In the Kincaid Warrant Suits,
Attorneys Knight and Woodcock
" File a Motion,
Council for II. R. Klncald. secre
tary of state, respondent In the case
or B. D.Bhattuck appellant, havoliled
a petition for rehearing r the caso
derided adversely to ther.i by the Or
egon supreme court, August 9.
They have waited until the last day
to complete an elaborate argument
for rehearing. In opening their argu
ment counsel says:
"Wo beg to submit some reason why
the majority or the court should re
conside Its decision In this case, over
throwing the whole financial system
of the state Inaugurated under the
constitution at Its birth and contin
ued and maintained by the people
down to the present time, except the
years 1808 1800." After tracing the
history .f legislation and of court de
cisions In an exhaustive manner, the
argument grows quite pointed and
concludes as follews:
THE CONCLUSION.
"Under this decision the secretary
in required to designate In his warrant
to pay the claim out of the general
fund, and In the same breath the court
e-iys the treasurer cannot pay It be
cause the legislature has not appro
priated the money to pay It. Will not
that law endanger the safe passage of
our Teutonic treasurer to h?aven In
his Indorsements on the thousands of
warrants that the secretary of state
will issue under this decision, 'Not
paid for want of funds,' when he has
i millions in the general fund to pay
the current expenses of the govern
ment ?
Tluulcclslon glvfs to the secretary
of state absolute power over all the
revenues of the state. In the hands
fof the present secretary of state It will
not be abused, for ho bis resisted
revery blandishment and Inducement
Rf the political scoundrels who held
wp the last legislature, to rob the peo-
Ipte, by Issuing intcrcst-bcarlDg obi I
gtin.nsor me state witnout authority
of law. nut it is an appalling power
to put Into the hands of an admlnls
&. t.rnfr.lrn nlllnor nf fliA ct.ntiv An nm
Jibltious and corrupt secretary of state,
lunder this decision, could pack every
prlmary fromJIIarney to Portland and
make himself senator or governor,
'Now It may be said that we are
talking outside of the record but, as
lawyers and officers of this court, we,
as a profession, are always to be found
on the side of law and order. What
ever may be said about lawyers the
-fact is they have governed the world
from Moses down to tho present day,
and will continue to do so to tho end
of time.
"This anomalous condition ofaf-
ifalrs in this state was brought about
Iby the failure of the legislature and
executive department of tho govcrn-
L'ment to perform their duty uuder the
constitution; tho consequence is wo
are practically without any govern
Iment. Wo have no legislature and no
governor. This lawless state of af
ffalrs could not exist for one day but
for the suppqrt of a great newspaper.
Wcall know tho cause of that sup
port. But It Is childish, and wc will
be pardoned, as lawyers, If wo say In
the cause of good government to the
great editor of that journal what
'Junius said to George the Third about
Wilkes: 'Discard those little personal
resentments which have too long di
rected your public conduct. Pardun
this man the remainder of his punish
ment and, If resentment still prevails,
nako It what ltshonld have been long
Sslnce, an act, not of mercy, but con-
t. He will soon fall back into
lis natural station, a silent senator
;and hardly supporting the weakly elo
quence of a newspaper. The gentle
breath of peace would leave him on
the surface, neglected and unremoyed.
Itisotlythe tempest thet lifts him
frnm Ilia Tilnpn
"Now we know In tho expression of
an honest opinion we will be abused
by all tho little whelps In the profes
sion who are employed in this conspi
racy to rob the people. But wc know
wcaro doing our duty as officers
of this court, and in conclusion we beg
tho court Id reviewing its decisions
to not forget the memorable words of
Cicero (translated) In a great cause:
5 "When the judlcary abandons the
cause of tho people the republic Is
lost."
The distance from Albany to New
port by bicycle Is 73 mile, as shown by
several cyclometers. On a straight
Uluoltis 46 miles. Bv rail it Is 81
I'lulles.
JOURNAL "X-RAYS."
These arc hard times when a state
official on a good salary lias to send
his wife out to solicit Insurance.
A great many Saleniltes are going
to get sorad prosperity in a practical
way they are picking It from the hop
vine.
lion, and Mrs. II. R. Klncald and
son Webster, will leave Sunday for
Yellowstone Park where they will
remain several weeks.
It would be a good thing ior Oregon
IT we had some more state officials
who drank the same kind or liquor
Governor Lords drinks.
"Am I or am I not" Is the .lucstton
that confronts Gen. fl. B. Corapsou of
the railroad commission, since his
successor has been appointed.
Prosperity has not got so good yet
but what the recording of chattel
mortages and bills of sale Is the prin
cipal Industry at tho county clerk's
olllce.
.
Why should the Neal-Myers case
have been given a trial, anyway? The
winning coupon held by Neal con
tained these werds: "Good for one
chance on a bicycle to be given away
July 4, 1897." No lottery about that.
No wonder the mourning contem
porary wishes Marion county's ex
panses reduced. 'ii:e 1890 delinquent
tux roll will soon be ready for publica
tion and the "organ" wishes to have
another "grab" at the county's
finances.
Our prophet says that Phil Mets
chan will never receive another state
oillue, Nowberglndepeudent.
IIow could he live out of a state of
fice? Why he'd have to go back to
Grant county and open up a little old
bunch-grabs "sausage shop. That
would be an outrage, Once on the
state pay rolls, always on, Is tho rule.
Ilore Is another act of the People's
Union party In Washington that
makes our hair stand on end: The
Northern Pacific is paying Its dis
puted back taxes In various counties.
Thlsgoad move results from the "per
nicious PopuIIstlo legislation" of last
winter.
The Oregon congressional dulega'
tton, which has been holding sessions
In Portland, lias adjourned, but rtmor
says they agreed to no appointments.
A lack of harmony is said to exist.
Exchange.
There ought to be harmony among
a lot of peanut politicians, each of
whom Is trylng.to feather ills own nest
and grab nil lie citi for his own family.
Oregon politics is as high flavored
as the celebrated Tillamook cream
cheese. Poor Geer; for fear of offend
ing "Xoran, the great-Oregon congres
sional delegation hesitate to favor him
forCollectoratPortland In tho mean
time, a Job Is to be fixed up to turn
the Job over to lion I. L. Patterson,
chief manager of the conspiracy that
made McBrido senator, while both
were supporting Dolph.
The newspapers of Oregon are really
very Impertinent, remarks the Rose
burg Reylew. Some of them arc oven
Insisting that State Treasurer Mets
clian make a statement of the amount
of money In his keeping, and what, if
anything is being done with it. Just
as If this money belonged to the tax
payers Instead of tho state treasury
rlngl
Tho Salem Statesman charges Gov
ernor Lord with being a chronic
drunkard and apandererto base pol
iticians. Eugene Guard, Dem.
Or course, if the Statesman were
drawing four salaries and gettingan
occasional $50 wrlteup,Governor Lord
would be a saint. Thauk God, Ore
gon has a Governor who is not a hypo-
crlt.
Salem Insurance men complain at
Major Frank Hodgkin, assistant
state treasurer, putting a solicitor In
tho Held to canvass this city for his
Insurance agency, which he runs ut
the state house. But why shouldn't
he? lie only gets $2000 a year, with
a lot of asides, and a chance to use tho
state treasury as a leverage to get
business people to take policies. Be
sides it may be his last pull at the
public teat.
Willlum Simmons has sold his halt
interest in the Boston roller (louring
mills, atShedds, to Martin Thompson,
who is now sole owner, Mr. Thopson
and professor Swackharner intend to
start in the spring for Klondike, with
200 goats.
REUNION
Of Waldo Hills Pioneers
In Honor of a School Teacher of
Haifa Century Ago,
There was a notable pioneer's re
union held in the grove back of Mc
Alpln's school house, August 25, when
about one hundred young and old
from the Clymer and Macleay neigh
borhoods were assembled to meet a
former fellow citizen, Hon. Orange Ja
cobs, now judge of the superior court
at Seattle.
It Is nearly tlfty years since the
now distinguished guest was here a
country schoolmaster, teaching In a
little schoolhouse that stood on the
site of this picnic ground. He was
introduced after ahcarty -picnic din
ner, spread under the direction of
Mrs. J. B. Waldo and Miss Genevieve
Griffith, by lion. T. T. Geer, who
toasted "Our Guest" In a ten minute
speech. Judge Jacobs responded In a
twenty-five minute discount, full of
feeling, reminiscence and anecdote.
He called the roll of ninety odd names
of pupils who had attended his school
In this neighborhood. Of those he
had taught as boys and girls thirty
reported still living and firteeu re
sponded "present."
Tho character of the teacher and
the sterling quality of the people is
well indicated by his remark at clos
ing, that so far as li8 knew not one
had made a failure of life and that
there was not one black sheep among
them.
TIIE PIONEERS PRESENT
who went to school to Judge Jacobs,
in those early days were as follews:
Fenton R. Hlbbard.Ktng L. Hlbbard,
Mrs Julia Griffith, L. C. Griffith, Mrs.
Susan Sayago Griffith, H. H. Savage,
Mrs. Lucluda Davenport Jacobs, Ben
Davenport, John B. Waldo, Mrs
Kate McAloln WoUard, Mrs. Addle
McAlpin Thompson, John Hunt,1 Mrs.
Frank Colby Forward.
Mrs, R. A. Miller, jot Oregon. City,
read a t)aper on "The Tlbnccrs." T.
W. Davenport read a sketch entitled
'Our School-days and Schoolmates."
Toast-Mistress Genevieve Griffith
read a very appropriately worded
adoption of Oliver Wendell Holmes's
"The Boys," and Mrs. Waldo made a
speech on the reunion custom. Mrs.
Hlbbard and Matt Small related
pioneer incidents and Rev. Tlios. H.
Small who has married, baptised and
preached funerals foi nearly every
family In the Waldo hills gave a char
acteristic talk In his 87th year.
Miss Lois Peebles sang "Ben Bolt"
very sweetly and K. L. Hlbbard read
the "Pioneer Annals," a paper full of
facts, fun and reminiscence. After
which all united in singing "Auld
Lang Syne." The program c'osed at
4 o'clock with another pfcnlc lunch
for all who wanted it.
THE OLD SCHOOLMASTER
and hid pupils indulged In visiting
and recalling old times on this oc
casion and the reunion was one of the
most enjoyable eycr held in a neigh
borhood which lias kept allvo the com
munity spirit to a remarkable degree.
Judge Jacobs is a most interesting
pioneer character and while advanced
in years and afflicted with partial par
alysis, has an intellect that is clear
and strong, and he is possessed of a
fine, vocabulary, which be employs
in an effective and Impressive manner.
Ho was chosen superior judge of King
county on tho Silver Fusion ticket,
receiving 1400 majority in a county
that gives 2000 to 2500 Republican
majority. In 1865 ho was
candidate for representative In
Marlon county on the Prohibition
and Reform ticket. Ills opponents
managed to secure confusion in the
result by bavin? his name printed on
the tickets in a great variety of wuys,
many of which were thrown out. He
received a large vote and his friends
claimed he was counted out. But the
legislature was so overwhelming
Democratic that-be did not deem it
best to make a contest.
Judge Jacobs, Mrs. Jacobs, and
their daughter Miss Jessie are the
guests of friends in the Hills, but
will come to Salem next Wednesday
to be the guests of Mr, aSid Mrs. Y. L,
Davenport.
Scarcity of Hop Pickers.
Santa Rosa, Cal., Aug. 28. There
is a general complaint of the lack of
help, and from many quarters come
appeals for laborers. . The price for
picking has advanced from 75 cents
per 100 pouocU toll, ad even at that
figure prlckMS canaot be, had to sup
ply the dcMad.
THE Q. A. R. ENCAMPMENT.
Officers Elected ahd Reports Read on
the Last day.
Bufealo, Aug. 28. The Grand
Army has elected its officers for tho
ensuing year, and tho encampment of
1897 has adjourned to meet in CIu
ctnnati next year.
Friday's sc9sloh lasted from 9:45 a.
m. until 3:45 p. tn without Intermis
sion. Opening under the order of
business, tho encampment took up
the election of tho senior vlce-com-mander-in-chlef.
Alfred - Lyth, of
Blddell-Wllson post, of this city was
nominated- andwas elected unani
mously, there bolng no other nomina
tions. The election of Junior vice com
mander-ln-chlof was not accomplished
until afternoon, there being four can
didates and several Interruptions to
the proceedings of the encampment
by speeches, and the admission of a
commission from the Woman's Relief
Corps. On tho first ballot, B. F. Al
len, of Connecticut, candidate of the
naval veterans, lcd,and he was elected
on the second ballot.
Dr. David Mackay, of Dallas, Tex.,
was elected surgeon-general unani
mously, and Rev. Frank C. Bruncr, of
the First Methodist church of Chi
cago, was In like manner elected
chaplaln-ln-chlef.
Post Commander-in-Chief Waler, of
Indiana, was presented with a silver
service by tho encampment.
Among the reports receiving favor
able consideration from the session of
the encampment was that or the pen
sion committee. It recommended u
readjustment of widows' pensions,
and presented a form of proof and ap
llcatlon In pension claims. Tho re
port also recommended that congress
passu service pension law to apply to
all veterans who have reached the age
of 02 yean.
Tho repoi-trofvthe committee having
In charge the. liiemorl.illzutlbii of
congress to purchase several of the
mst important battle-fields about
Fredrlcksburg, Va., and connect them
by government roads, was adopted.
Another committee reported favor
ably the proposition to establish na
tional parks at the battle-fields of
Vlcksburg. Stone river and Appomat
tox. The report or the committee on
text-books used In the public schools
was adopted. The reports deal se
verely with some or the histories used
in the South, charging that they mis
state facts as to the cause of the rebel
lion, and take them from a Southern
point of view.
The Woman's Relief Corps elected
Mrs. Sarah J, Martin, of Missouri,
president, and Mrs. 11. F. Atkins, of
Bulfalo, senior vice-president. Miss
Kate Jones, of Vermont, was chosen
junior vice-president, Mrs. Belle T.
Bagley was re-elected treasurer.
No Fears of Lynching,
Colusa, Cal., Aug. 28 No talk of
lynching Pedro Vantly, who commit
ted a murderous assault on Miss
Polrcr three days ago, has been heard
since the militiamen arrived for duty
at the jail last evening. The town is
quiet tonight and there Is no appar
ent Indication or trouble, '
Two companies of the National
Guard, B, of Colusa, and D, or Marys
vllle, are at the jail under the orders
of the sheriff. Company D will prob
ably return to Marysvlllo tomorrow,
but the sheriff says ho will keep com
pany B on hand until he Is satisfied
all danger of a mob attack on the jail
has passed.
Miss Polfer Is now resting easily,
and the attempts at lynching her ae
aallant will not likely bo renewed un
less the girl takes a decided turn for
the worse.
Meanwhile, Vanlly Js gradually
growing weaker. It Is. unlikely that
he will live long enough to receive
legal punishment for his crime.
Vitus Bros. Inform the Eugene)
Guard that at-present prices for wheat
they will clear $10,000 this year. This
same family came to Oregon a few
years ago without a cent, and Is now
worth $50,000 to $90,000.
The Great Strike.
Pittsdurq, Aug. 28. The miners'
leaders are encouraged oyer the pros
pects of the early settlement of tho
strlKC. Efforts are now being directed
to the Pennsylvania railroad and tho
contral field of Pennsylvania.
District President Dolan addressed
a meeting at Clarldgc, Wnsraorcland
county, and the men decided to quit
work. President Dolan says six mines
have been closed In tho Central dis
trict and that work will be suspended
in that region within a short time.
Sheriff Lowry went to Bunolo, ac
companied by sovcral deputies, and
ordered the strikers off the public
roads. The iirst attempt at starting
the mines was made at the Champion
mines, near McDonald, Two carloads
of foreigners were sent to tho mines
about daylight and put to work load
ing slack Into tho cars.
About 500 women marched against
the miners, attacked them with stones
and clubs and drove them from the
cars. The foreigners fled to Nobles
town. The women then dumped tho
slack from the cars. Tlioy were met
by 1000 strikers and marched a short
dlstat.ee from tho mine where they
are now encamped.
Slabtown, the plague spot at Unity,
where tho negro railroad laborcis
have been holding high carnival, will
go up In uuoke before the day Is oyer.
Twenty deputies have been detailed
to assist Constable Kcrstcn In apply
ing tho torch.
Caught an Iowa Murderer.
Port Townrend, Aug. 28. Tho
steamer Portland, duefromSt. Mich
aels, has on board a murderer who was
chased by detectives half way around
the world. He Is In Irons aud under
constant watch of two Plnkerton de
tectives. The prisoner, William
Smith, was pursued oyer to the conti
nent, to Dyea, and across Chllkoot
pass, over "flic " hikes" and' dVwn the
rivers U? thh gujdflelds of Klondike,
where he was taken Into custody.
Smith was a storekeeper In a town
nera Ceder RVhlds, la., up to several
months ago. One night the store was
burned and In the ruin was found the
charred body of -a man. Smith's rela
tives claimed that he was burned to
death In the fire. His life was In
sured for $35,000, and a demand was
made for the money.
An investigation led to the belief
that the body was not that of Smith,
but of a watchman. The theory was
at once advanced that Smith- had
Committed a murder and burned his
store in hope that tho body would bo
roasted beyond recognition, afid his
relatives obtain tlio Insurance money
after he had disappeared.
Pinkcrton men wero put on tho
trail, aud after one of tho longest
chases on record, arrested Smith at
Dawson City on July 12 Ho was taken
to St. M Ichacls to await the sailing of
the Portland.
Cedak Rapids, la., Aug. 28. Smith,
the prisoner on tho steamer Portland,
Is apparently Frank Novak, store
keeper at Wutford. Tho man mur
dered by him was Edward Murray,
Novak's relatives claimed tho body
was Novak's.
Letter Carriers Meet.
San Ftancisco. Aug. 28. On the
cvo of the arrival or the delegates to
the National Association or Letter
Carriers, u dlep'i toll lias been received
from Chicago, whlciilannounces that
the national committee has abadoucd
Us plans, on account of Its failure to
secure reduced rates from the rail
roads, and that the convention will bo
held In Chicago.
Farmers' Gal;
''
Washington Aug. 2)1, Assistant
Secretary Brlgham, of the agricul
tural department, expressed the Opin
ion that the American farmers this
year would, receive In the aggregate
from $100,000,000 to $500,000,000 It ex
cess of the amount received last year
for their wheat.
O, B. Jackobson has established u
place for salting salmon on the Uinp
qua river six miles abovo Gardiner,
where he will smoke, salt and pack
salmon during tho fishing season.
Strikes by Tendeiftet.
Popt Townsend, August 28 (Spec
ial.) The Fred E. Sander brings news
of a big find made atSkookum, a trib
utary of Bonanza creek, by two young
fellows entirely Inexperienced In min
ing, whoso names aro Dawson and
Goldsmith. Skookum creek was vis
ited and tho second day's work
brought them nuggets galore. These
they took out and when the supply
seemed diminishing, selected another
spot and dug there with like success.
Something like $1,000 was taken when
the pair received an offer of .$23,000
for claim, and thoy accepted at once,
thinking tho purchaser crazy. So lit
tle experience had tho young tender
fect In mining that they looked for
nothing but gold nuggets.
Tho purchasers saw a fortune at the
bottom of each place tho young fel
lows had worked. Since tho purchase
they have taken out tho prlco paid
twice over and Dawson and Goldsmith
have another claim on which they do
not dovoto their efforts exclusively to
shining nnggcts, but savo the gold
dust as well.
Tho Sander's passengers say tho
crowds going Into tho Klondike coun
try will have a demoralizing effect on
tho rate of wages of $15 per day paid
last season. The rich diggings are
all located now and many who go In
expecting to strlko It rich will have
to work. Tho labor market will bo
overdone, with tho effect of running
the wage rate very low.
Disappointment ts in store for many
who anticipate the arrival of millions
on tho steamship Portland, now due.
The passengers arriving on both the
schooner Colman and schooner Sauder
say the Excelsior and Portland brough t
mostof tho gold which wlllcomo out
this year. Rich strikes aro unusal
I now and a malorltv of thoso who arc
making a big thing aro investing
money In nelgjiborlng'clalms and out
fitting prospecting parties. lb Is said
with tho apparent assent or all re
turning today that tho Portland will
not bring over 8500,000.
To Dredge the Klondike.
Miss Nina Chanoy, who came rrom
Alaska on "the last Topeka, was at
the Grand Central last night. Sho
said:
"There has been a scarcity of labor
ers In the mines ut Berncr's bay, and
at thoTre&dwell mines, but I bellovo
the delayed Klondlkers will furnish
all the help needed at both places un
til next spring. Three hundred men
aro employed at Berner's bay, when a
complement Is ut work. I am recently
from Sumdum, and have not been at
Skaguay.
"The miners now in Klondlko pro
pose to lay tho river on tho bank this
winter, by taking out tho frozen
stream and then removing7 the gold
bearing earth at the bottom. They
also, I have heard, contemplate a
newer and more novel scheme for that
district. It Is to d red go the gold
bearing streams In tho summer. I do
not know who Is interested in tho af
fair. I advlso no one to start for
Klondike before spring."
Arrested,
Portland, Aug. 28. S. L. Rich
mond was arrested hero by the United
States marshal, for passing counter
felt money. The arrest grows out of
tho arrest of F. T. Clark some time
ago, for a similar offense. Clark passed
a counterfeit $100 bill on a saloon
keeper, no claimed to havo found
the bill whilo in tho employ of F. A.
E. Starr, and thought It genuine, no
now says the bill was given him by
Richmond, who Is the father-in-law nf
Starr.
Donation,
Pknklkton, Or,, Aug. 28. Rev. R.
II. Manier, of Cheney, Wash., who Is
attending tho Columbia river confer
ence In this city has donated his pri
vate library to the theological depart
ment of Portland University, with tho
Impo of stimulating other minister
and literary people to join him In
building up a large library especially
for the benefit of this department of
the school.
L
General Business Prospects,
Dunn & Broadstreet Report-Hrg
Market Booming,
Broadstieet and Dunn's Report.
New York, Aug. 28 Bradstrcet
says teday:
The general trade situation contin
ues to Improve and, aside from un
nessary prolonging of thcstrlko of tho
soft coal miners, there ts little In
sight to cloud tho outlook. The
feature of tho week 19 tho advance in
almost all of the leading staples.
Bradstret points out thatiho stat
istical position of wheat ts the strong
est known since the United State be
came an exporter, and that Its price, an
well as that for bread, is to materially
exceed tho present week's advance
Wheat exports are large, aggregating,
(wheat, and flour as wheat,) 5,419,853
bushels for tho week, as against 5,312,
9o3 bushels last week.
New York, Aug. 28. R. G. Dun
& Co., says teday:
Speculative markets have their turns
of reaction, but business has had nono
this season, gaining with a steadiness
which Is most gratifying. Crop re
ports aro contradictory, as Is usual at
such a time, but It Is noteworthy
that nono of them Indicate anything
less than an ample supply of great
staples.
Salmon Canning.
San Francisco, Aug. 28 The salmon-canning
Industry on tho Sacra
mento rlyer is at a standstill at pres
ent. In previous seasons the packers
paid a regular nrlccfor all flsh.dellv
ered to thorn, largo and small alike.
This year tho packers proposed topay
so much a pound for tho fish Instead
of tho old system.
Tills, In addition toacutof from H
to 1 cents a pound, was rccolved with
disfavor by the fishermen, who de
clined to supply any more fish unless
the old system were continued and an
Increase bo made In tho prlco. This
proposition tho Sacramento River
Packers' Association declined, and
thus tho matter stands, and will 60
stand for this season, as tho close sea
son commences on Saturday. The
companies will can no salmon until
next season.
Hog Market.
Kansas Citv, Aug. 28 There Is u
boom under way In tho ideal hog
market. Today's prices were the
highest reached within nearly two
years, going up 10 to 15 cents a hun
dred, on top of a similar advance yes
terday. Prices have advanced 40 cents
since last Friday: 70 cents since
August 1, and they are now $1 higher
than In tho middle of July. The ad '
vanco In prices Is due to tho Increased
demand for meats, rather than a
scarcity of hogs.
Sliver Up.
New York, Aug. 20, Bar silver In
this market was quoted nt 511 cents.
Gold on Exhibition.
Portland, Or., Aug. 28. A Jew
eler's window was the object of con
siderable Interest. In It wero a num
ber of gold bricks and nuggets, worth
all the way from $50,000 to $75,000.
Tho gold was from tho Storll ng mlno
in Douglas county, and was tho re
sult of a recent cleanup.
Royal make the fel pure,
wbo(eaaM and
Hffl
1 wnpp
OY.it MtftftO fOWOM Mm
FINANCiA
R0YJI