The San Francisco Call. Newspaper, January 28, 1902, Page 2

% THE SAN FRANCISCO CiALL, TUESDAY, JANUARY) 28, 1902. WAANGLING BY COUNGEL KILLS TIME Hours Are Wasted in Caustic Argument in Alturas. Prosecution Begins Cross-Ex- amination of Samuel Parks | Witness Grows Facetious While on the Stand and Attempts to Make | | | Humorous Answers to | ( | Skagway. SURVIVES FALL FROM PRECIPIGE Hunter's Remarkable Es- cape From Death on Traders Island. Indians Who Risk Life to Recover His Bcdy Find " Him Alive. Special Dispatch to The Call. SEATTLE, Jan. 27.—The steamship Cot- tage City reached port this morning from | Sitka and Lynn canal ports with ninety passengers and news from the north up to January 20, on which date she left Included in the party are many persons prominent in mining and civil life. A miraculous escape from death whic! unverified, would be labeled the veriest fi tion was that of James Murphy, who was Questions. reported on Saturday as having fallen e from a cliff on Traders Island and was | believed to have been killed. The Cot- g ey 1. tage City brought back the man himse el Dinaech dn SN and lacded him at Wrangel, where he was TRAS —With only an oc- | to_rejoin his friends. o etweon the court and | ,,Murphy, it Wil be remembered, with ey g % three others, went hunting on Traders counsel for the defense, to-day’s proceed- ings in the trial of James W. Brown. the alleged lyncher, were but ordinarily in- veresting. Slow progri was made, Sam- uel Parks being on the stand the entire day. The greater part of the morning sion was devoted to argument as to whether tt a ask Parks if he had att ing at the Altu- ras racet participated in nd arranged for abling the men to agree to tell the Grand Jury. Hut his confession and in testim on the stand, declared that such held; that James W. Brown, the ndant, Isom Eades, Fred Roberts, Jo- seph Leventon and others attended. The prosecution objected to the question the ground that the racetrack meeting was first brought out by the defense in -examination, and _therefore was ral and immaterial, and on the r groupd that Hution had thus miade ghwitncss for the defense una . Island. He was lost and his companions followed his tracks to where he had fallen from the precipitous bluff. There all trace ended, as it was impossible to reach the bottom by crdinary means. Several s, spurred on by 'a reward of $100, found a path by which they could de- scend to the bottom, and there they found Murphy, almost dead from exposure. 'The force of his fall had been broken by pro- jections on the side of the clff. The point at which he was found was 300 feet from the top. BATTLE AGAINST THE MERGER BEGINS IN THE SUPREME COURT Attorney General Douglass of Minnesota Makes an Interesting Argu- ment in Support of the Alleged lilegality of the Consolidation of the Northern Pacific Company With O her Railroads S ASHINGTON, Jan. 27.—In the United States Supreme Court to-day Attorney General Douglass of Minnesota re- file a bill of complaint on behalf of ;the the Northern Pacific Railroad with Gther ! railroads, saying that he had given nolive to the defendants, as required- by the court. ¢ Chief Justice Fuller announced that the arguments upon this motion would be heard later in the day, «s soon as the hearing in the case under consideration . | could be completed. : When the preceding case had béeen com. pleted Attorney General Douglass. was recognized to make his argument in sup- port of the motion for leave to file his bill of complaint. In concluding he sum- marized the situation as follows: 1 Contention of Minnesota. | The holders of a large majority of the capi- tal stock of two railroad corporations. author- ized to construct and maintain lines within the limits of the State of Minnesota have or- . ganized a corporation in another State for the express purpose of consolidating the railwgy lines and property of such companies and evading and violating the laws of the State of | Minnesota which bear directly upon and giye | the State and its citizens certain rights and privileges in cohnection with the property owned and controlled by the railroads thus sought o be consolidated. The only way In which the State can reach such an evasion of its laws and enforce its rights is to bring an action in this court against the instrument or meahs by which such con- P 3 " A v xolidaticn is sought to be accomplished. If tha shore and lates o poarden the” ltitle State of Minnesota carnot avail itseit ot tne Steamer Flossie for Juncau. At the latter yipal lurisdiction of this ogurt to entafve place the Cottage City picked him up and carried him to Wrangel. When he left the steamer his recovery appeared to be only a matter of time. Suicide After Domestic Quarrel. VALLEJO, Jan. 21.—Frank Vierra re- turned -home late for dinner yesterday, and finding the meal cold quarreled with his wife. He then went into an adjoining t the Wi €ouid not be impeached | room and shot himself in the right templ on collateral matter. The defense ciaim- | With a revolver. Vierra was emplo; ed the guestion did not touch upon col- | in the navy-yard. He was a native of lateral matter and that it was brought, Boston and 28 years old. Besides the out by the prosecutidn on re-direct ex- widow three children survive him. amina that the whole effort of the ow onspir- a cetrack meet- ing were disproved it would show to a in extent that a conspiracy to lynch Dan Yantis and Martin Wil- isted ng argument followed and Judge atened on several occa- nd the jurors out of the room 2aker persisted in trying to certain ul jor matters before The court = e would ren- decision on it in question in the afternoon. { Witness Identifies a Rope. | Bamuel Parks s questioned as to the pching and the defense severa! ropes, asking him if ike the ropes he had purchased Trowbridge's store on the afternoon d which he said were used alters. The ions were nor were que: s as to his for making not allowed, knowledge of ropes in general. The wit- ness was the rope used in the lynching ames Hall and identified it, f but te d that he never had anything to do with the buying of the ropes use in the lynching. The ropes were not al- lowed to be marked as exhibits in the case i Parks testified that after leaving the saloon the first time on the night of the lynching he met James W. Brown and Erving Carpenter on the south porch of the hotel, and later stood with them in the shade of Carpenter's house. No one joined the party, but the witness saw Judge Myers walking from the postoffice to the hotel Frank Tetreau, who has testified the_prosec to Sagebr: ne wi rown, « for ion, asked the witness to go h Point to see what had been h the men. Later James W. rpenter and the witness went to the bridge to see the bodies. ness denied that he slleged lynchers to hanging. Court Rules Against Defense. When the afternoon session began | Judge Harrington rendered a brief de- cision as to whether the defendant be al- Jowed to testify concerning the racetrack had ever met any arrange for a meeting mentioned in _the confessions of John Hutton and Claude Mor- ris. Judge Harrington held that the ob- jection of counsel for the prosecution on the ground that the question asked by the defense was irrelevant and incompe- tent was well founded, for the reason that Parks was not named as one of the per- sons present at the racetrack meeting. we understand ‘that you rule >stimony of Hutton is inumaterial? ade no such ruling. t the court arder stricken stimony of Hutton. The court ruled ial —That is a false statement, Mr. I made no such ruling. You Arew the i meeting out on cross- Raker. matter of the racetr: - i moagtay tion, It what is attempted to be done here can a e omiater meier ¢ Part the court varfeq but little from what he testified to | be successtully accomplished the States of this peess g = under direct examination. Post asked Union are powerless to enforce such statutes, ker asked that the reporter read from him the ‘“whys”’ and ‘“wherefores” of The National Government under its present his rotes regarding the race track meet- v vers constitutional limitations can enact no legis- many of the answers Parks gave, and ing, ming the subject was brought out ihe witness volunteered the information 1ation which will protect State commerce and on Girect examination. Some time was that he learned & long time ago to mind State traffic against such o monopolistic con- lost while the reporter was searching his own business and that he talked only | Slidation as is referred to in this bill. - The ) —— » - only practical way the State can protect iteslf through his numerous books. It was finally discovered that the reference to the meet- ADVERTISEMENTS. Sore Throat, Lung | Soreness | | The danger signal is surely out when'. | | | | | you feel the first symptom of a sore throat or a pain in the chest. You can no more afford to pass this signal unnoticed than can an engineer pass the danger signal his track. Sore throat means an inflammation in the tender membranes of the most deli- | cate part of the body—it means that this is trouble for you unless you drive out the inflammation at once. If you do not do this the soreness will spread to the bronchial tubes—to the lungs—and then it requires persistent and insistent treatment to get rid of your trouble Halpruner’s will drive out the thrown across in- E , < and e e 2 sore throat and bronchial troubles— |# gun very long? Did you say that?" 8! Sran, HRland 4o . heyig e e - Parks—No, si vi persa- cse and Campbell, and thence via pain in the chest ng soreness. It is arks—No, sir; that was not the conversa- San J D! 2 medicine you cah depend upon to cure your pains and aches. It will keep the entire family well—and it should be in every home for all the little troubles that are constantly bothering members of the household. Take Halpruner's and you take a new hold on health—it’s always the right medicine at the right time Halpruner's A1 druggists should sell Halpruner's— if yours refuses to supply you the Hal- pruner Medical Mfg. Co.. 28 California street, San Francisco. will send you a large bottie by prepaid expressage on re- ceipt of $1.00. Trial Trealment Free. « Sufferers should call on Dr. Halpruner at his office, 28 California street, between 1 and 4 o'clock every afternoon, except Saturdays and Sundays. L o e e a o ing was brought out on cross-examina- rther questions by Raker brought the from Parks that he had er, previous to May 81, heard of the ing; that he knew absolutely noth- bout the plans of the lynchers, and he knew but few of the alleged lynchers before coming to Alturas to ap- pear before the Grand Jury. Vain Sparring by Counsel. Parks was questioned as to “Bob’ Courtwright overtaking him on the road at Mappy Camp on the morning of May 31, after the lynching. Parks was asked as to the statement Courtwright had made to him to the effect that Courtwright did not go to see the bodies of the lynched men. The court sustained an objection by the prosecution, saying that the defense could not impeach Courtwright by asking such questions. Raker explained that he in examination for the purpose of g them denied by subsequent wit- The court ruled against further jons of a similar nature. Parks was then asked if he drove to Isom Eades' place on the Happy Camp road that morning and if he saw “‘Bob Leventon and Eades on the road. An ob- Jection was sustained. The defense ex- plained that it wanted to prove the whereabouts of these men on that morn- ing. Objections to questions as to whether or not any conversation was carried on | between the witness, Eades and Leven- ton, regarding the lynching were sustain- ed. Raker persisted, and asked the wit- ness if Leventon did not say at that time that the “hanging was a — good job.” Post here called the attention of the court information ne that asked Courtwright certain questions direct ruling‘of the court. | The Court—Raker was never known to obey the ruling of the Court. Strike out the ques- tion. Post withdrew his objection to the question of Raker as to whether Parks saw Eades and Leventon on the road, and he replied that they were coming up the road from the south on horseback As he neared Eades’ place. Raker—Did they say anything about going to Lookout to be present at the tria! which was being held there that afternoon? | An objection was sustained. This end- | ed the direct examination and the de- | | fense turned the witness over to the | rrosecution for cross-examination. ‘Witness Tries to Be Funny. Parks proved to be a_peculiar witness | in the hands of Post. He was surly to a degree, flippant and ugly, astute, but very attentive. Post failed to entangle him to any great extent, and the infor- mation elicited during the cross-examina- so far as it went this afternoon, when spoken to and did not believe any- thing if he did not see it. Parks tried to be funny on several occasions during the afternoon, and his manner of answering Guestions delayed the proceedings. He said that he had heard out in the country that the Halls had been arrested, but did not_display any curiosity regardin; them when he arrived at Myers' Hotel. He knew who the prisoners were; they. had not been pointed out to him, but “common sense told me who they were.” At one time in the proceedings Post asked the peporter to go back to his notes. Raker objected to the delay and the court informed him that he was one of the attorneys in the case and not the Judge. Spencer objected to the re- mark of the court and Judge Harrington retorted: “Now you are squawking. You're al ways saying something.” Spencer protested against the language of the court and the Judge said: ““Mr. Spencer, you're too old a man to be punished for insolence.” Explains Talk With Courtwright. Parks testified that he did not see any of the alleged lynchers arocund Trow- bridge’s store in the afternoon or even ing’ Post—Then 1f Will McDaniel should swear that he was on the store porch the night of the lynching he would be mistaken, would he Parks—He would be swearing 1o a lie, Py Did you see George Courtwright at Happy Camp the night of May 31 and have a conversation regarding the lynching? es. Did you tell him that the least sald about the Iynching the better and that while you were ' at Myers' Hote! you heard Jim Hall growling about his guns being brought there George came to the ranch on horseback and had dinrer with Jeft Wilkinson and me. He said that he had been told that there was to be a lynching and that he had been asked to take a hand, but that his sister would not let him, end I told him not to repeat the story, as he would get in trouble and be called s a witness. Raker then asked the court to or the clerk to issue & subpenn. for Witke: son. who is in Texas, but the court re- fused to make the order, saying. “You might just as well subpena the moon.” The defense protested against the ruling of the court, claiming Wilkinson was a necessary witness. Parks told the story of the night in the hotel almost without variation from the account he gave on direct examination and corroborated the story of Mrs. Gibbons in many respects. Mrs. ‘Gibbons swore that her sister. who was hysterical on the night of the lynch. ing, did not make much noise, but Parks sa!?‘ she “screamed and made an awful racket.” — To Cure a Cold in One Day Take Laxative Bromo-Quinine Tablets. druggists refund the money I It falis o ol E. W. Grove's signature is on each box, 25c. Jersey and ask the courts of that State to erj- force its rights because the same reasons urged @ newed his motion for leave to , State against the Northern Securities | Company in the matter of the merger of | R | | |1 | Ccrgw JusTics Mo ForLeEr. EX ATTORNEY GENERAL OF MINNE- SOTA AND THE PRESIDING OF- FICER OF SUPREME COURT. 3 L5 law in controversy had been adopted to protect the State agalnst the consolid: tion of rallway lines which had been con- structed by State aid. He called atten- tion to the fact that the act not only prohibts the consolidation of railway com- panies but also of railway francihses and stocks. . He contended that the act was framed to provide a remedy not only to the State in its individual capacity but aiso to the citizens of. the State in their individual capacity as well. In fact, the act was a part -of the charter contract when the railroad corporations came into the State. | Consequently ‘the State of Minnesota could enforce it at any place. He said the securities company could direct the affairs of the two railroads from New Jer- | sev. notwithstanding the effect would be | felt in Minnesota. The charge was that | competition is and could be removed. | Moreover; the directors, of the securities | company "are stockholdérs of the North- | ern acific and Great Northern com- | pant , the effect being as complete and perfect a consolidation as could be imag- {Ined. This was ‘to be accomplished en- | tirely outside the limits of the State, but | its effget would be concentrated upon that | State.“He also attacked the combination | as a monepoly and as therefore a nui- | sance under the common law, He like- | wise controverted the laea set forth by | the opposition counsel that the securities | company is merely an investment com- pany. Justice Shiras asked what the effect on the management of the two raods would The wit- | to.the fact that Raker was violating the | against the jurisidiction of this court could be | urged with equal force before the courts of New Jersey. The bill discloses that this consolidation em- braces about 17,000 miles of rafiroad, fur- nishing nearly all the transportation facili- ties avallable to the people of seven different States of the Union, which seven States em- brace mere than one-fifth of the entire area of the United States and nearly one-twelfth of its population. While it 1s not a part of the duty of the State of Minnesota to enforce the rights of the citizens of any other State and it does not seek to do so, we ask thls court to turn to those facts of which it has a right to take judicial notice and it will learn that six of these seven States through which these roads | pass have constitutional or statutory inhibi- ticns simlilar to the one’which the State of Minnesota now seeks to enforce in this action. We refer to this only for the purpose of dis- closing the far-reaching effect of this_tre- . mendous consolidation, If the State of Min- | mesota cannot maintain this action we fail to see how it Is possible for any State to en- force redemial statutes adopted for the pro- | tection of the interests of its citizens as well | @s to protect its individual rights. is by the adoption of legislation of the char- acter sought to be enforced in this action, and the only tribunal in which that can be en- forced under the circumstances disclosed in this bill Is the one to which we now appeal. It seems to us that there is a controversy be- tween the State of Minnesota and the defendant corporation—a citizen of the State of New Jersey—which. ufder the constitutional. pro- vision referred to, entitles the State of Min- | mesota to the privilege of the jurisdiction of | this court; in fact, this is the only judicial tribunal in which the State of Minnesota can well assert its claim and present its contro- versy against the defendant, _ Guthrie Argues for Merger. ‘W. D. Guthrie, for the Northern Securi- | ties Company, filed a brief with the court | outlining that company’s position. He | contended that the bill of complaint pro- gised to be filed on behalf of the State of | Minnesota does not present a controversy of a civil and judicial nature between a State and a citizen of another State jus- tifiable in this court, and that no State can call upon this court to enforce its penal or police laws in other States. Hence this court is without jurisdiction. | | | CENIC TRIP AROUND | SAN FRANCISCO BAY | Southern Pacific Considering Plan for a Delightful Outing for Tourists. SAN JOSE, Jan. 27.—The Southern Pa- cific Company has under consideration a plan suggested by O. A. Hale of this city to run an observation train over a Hillsdale and San Jose {o Palo Alto, San Mateo and San Francisco. The project would necessitate the laying of a third rail from Campbell to New Alamaden. The route would enable fourists in a- twelve-hour ride to see Santa Clara Val-~ ley and its environs. Piles Cured Without the Knife. Itching, Blind, Bleeding or Protruding Piles, No Cure, No Pay, All druggists are authorized by manufacturers of Pazo Ointment to refund money where it falls to cure any casé of piles, no matter of how long standing. Cures ordinary cases in six days: worst cases in fourteen days. One application gives ease and rest. Relleves itch.ng instantly. This is a new discovery, and 18 the only pile remedy sold on positive guar- antee, DO cure no pay. free sample will be sent by malil to any one sending name and ad- dress. Price, 50c. "1f your druggist don't keep it In steck send G0c in stamps and we will for- ward full size box by majl. Manufactured by PARIS MEDICINE CO., 8t. Louis, Mo., who @lso manufacture the celebrated cold cure, | Laxative Bromo-Quinine Tablets, j —_—— | san JOSE, Jan. 27.—A. J. Donovan, & young business man of San Francisco, was married to Miss Angie Pozzo of this city in St, Jo- | seph’s Church yesterday. ‘ — The bill asks the court, he said, to re- strain by injunetion a citizen of New Jer- sey from doing there acts which are en- | trely lawfui according to her laws and | which ‘are sanctioned by her statutory | pélicy, simply because those acts violate | or evade or tend to circumvent the public or penal or police laws of Minnesota, the | complainant State. There is, he continued, | no suggestion that the acts compiained of are not entirely lawful in the State of New. Jersey, or that it is not within the corporate powers of the defendant corpo- ration as an investment company to ac quire and hold the stocks of railway com- panies. The sole ground for complaint is the alleged violation in New Jersey of be if the~injunction prayed for should be granted, and Munn replied that the con- trol would revert to the original stock- holders. In reply to Chief Justice Fuller and Justice Harlan he said it would be im- possible to secure relief in the State courts, as it would be impossible to get jurisdiction, the securities company hav- ing no_resident representative in Minne- sota. Furthermore, he assumed that the directors of the two railroads would abey the dictates of the securities company as the slave would obey the commands of his master. " When Munn concluded the court took the- application under advisement. o ——— SCORES OF MEN RUSH FOR GOLD Miner Strikes Nuggets on a Claim Near Sumas. Discovery Starts Stampede From Cities in British Columbia. Spectal Dispatch to The Call VANCOUVER, B. C., Jan. fl.-Sc?res‘ of mining licenses were issued to-day iu | Vancouver and New Westminster and hundreds of men—miners, business men and clerks—are stampeding to the new placer fields discovered at Sumas. The | find is near the international line, about | fifty miles from Vancouver. It was madé a_few days ago by Willlam Davis, an old Klondike miner. While sinking a posthole on_ a quartz claim he found a dozen good sized nuggets just above hard pan. The location is on am alluvial flat, where the bed of the Fraser River formerly was. Out of the one hole Davis took $10 worth of gold, and from gravel in the vicinify he obtained coarse dust to the value of 50 cents to tke pan. As soon as the news of the strike be- came known there was great excitement in the neighborhood and fifteen claims were staked on the first day. Free gold | has been found on the hillside, samples | to the value of $550 to the ton having | been taken out. This has increased the | excitement and scores of claims wiil be staked to-morrow. Many hasily formed syndicates are sending out men armed with mining licenses. | OF INTEREST TO PEOPLE OF THE PACIFIC COAST Several Changes Are Made in the Postoffice Department and More Pensions Granted. WASHINGTON, Jan. 27.—Postmaster commissioned—John C. Harris, Gould | City, Wash. Appointed—Ella Black, Tu- lalip, Snohomish County, Wash., vice Ida McCormick, removed. These pensions were granted: California: Original—James C. Grear, Rohnerville, $6; James McCurdy, San | Francisco, $6; Justus Ruhl, Pine Grove, $6; Ebenezer M. Rankin, Ontario, . In- crease—William H. Bixter, Soldiers’ Home, Los_Angeles, 3$8. Mexican Wa Hezekiah_ Thomas Miller, Amalle, William Baggett, Highland Park, 312. Oregon: Increase—Joel A. Stugrt, Ore- gon City, $12. Mexican War—William Hanson Rogers, Myrtle Point, $12; John H. Colvin, Marshland, $12. | Army orders—Leave of absence granted Alfred C. Merillat, Fifteenth Cavalry, Department of California, is extended one month. First Lieutenant Frederick R. Defuniak Jr., Eleventh Infantry, is or- dered to Columbus Barracks for duty with_the recruits to the Philippines via San Francisco. ————— SHAWNEES TORTURE ONE OF THEIR TRIBE Timecly Arrival of an Officer Saves the Indian From Death at the Stake. GUTHRIE, O. T., Jan. 27.—Fred Tiner, a full-blood Shawnee Indian, alleged to have assaulted three Shawnse squaws last Wednesday, was tied to a stakée to be burned to death by members of his tribe, men and women. He was first cruelly tortured. His face was beaten out of shape, his ears were torn nearlg off by squaws, and other horrible tortuies were being applied when Deputy United States Marshal Davis arrived from Ariebeki, L. T, who quickly took in the situation, held the mob back with a gun and cut the | thongs, backed away from the crowd with his prisoner and safely escaped to ‘Wewoka, where Tiner was jailed Sunday. Two Men Burned to Death. KINGMAN, Ariz, Jan. 2.—Two men were burned to- death and another hor- ribly burned in an old abandoned pump- house one mile south of Kingman last night.. The men had made a fire in the house, While they were asleep the flames communicated to the building, de- stroying it and inéinerating two of the men. The third, George Williams, es- caped from the burning building, but was so badly burned that he canno: live. seLinad SANTA BARBARA, Jan. 27.—Nine com- plaints were filed to-day with the Folice Judge for the sale of liquors without license. The persons arrested are proprietors of restaurants | wood and elinker built. WAECHIGE FROM SHP " BED Aok Vessel and Crew Are Believed to Have Gone Down. Indians Find Life-Buoys and Salmon Cases on the Beach. British Naval Officials Abandon Hope for the Safety of the Missing Warship Condor. —_——— Special Dispatch to The Call VICTORIA, B. C., Jan. 21.—The steamer Queen. City, which reached Alberni to- night from Cape Scott and ports on the west coast of Island, brought news of the fin wreckage which will cause conside: rm for the salmon ship Red Rock, an iron vessel of 1644 tons, which sailed from here on No- vember 29, four days before the heavy gale in which the warship Condor and the collier Matteawan are believed to have foundered. Dispatches from Alberni report that In- dians have picked up a lifebuoy and some cases_of British Columbia salmon marked “Red Rock. Glasgow.” They have also found some stanchions, cabin doors paint- ed white and other debris, which, added to the finds made at different times witr in the past three weeks, indicate that sev eral vessels must have been lost during the heavy gale of December 3 and 4. B The lighthouse keeper at Carmanah some time ago found a number of kegs, two hatches painted a reddish brown, two white-painted cabin deors, a number of broken oars, a life raft about thirty-five feet long which was broken in two, the lower part of a rudder, a ship’s taffrail, two yards eighteen inches in diameter, painted black with white yard arms, and pleces of a lead-colored ship's boat. Lifeboats Are Cast Ashore. Two other boats were afterward found at different points, and at Cape Scott. near the north end of the island coast. the deckhouse of a vessel came asho Some of the, wreckage is probably from the missing steamers and the derelict which_went ashore a few days ago. at Cape Beale, but it is not improbable that the Red Rock may have contributed to the quota. p The salmon ship sailed from Victoria on November 20 after s ng a crew at P P Townsend. he was commanded by taln Porter and carried a cargo of 80,154 cases of British Columbia salmon for Lon- don, valued at $320,65. The heavy gale oc- curred shortly after she was loosed from the tugboat off the cape. and she must have been buffeted during that gale. Whether she survived the storm and had to jettison her salmon and had her buoy and gear washed away, as did the Ardna- murchan a year ago, will not be known until further wreckage comes ashore or news of the vessel is received. Hope for Condor Abandoned. In a dispatch from Alberni further news i1s given of the finding of the boat at Ahoussett by the Indians, which is be- iteved to be one of the boats of the miss- ing Condor. It is painted white, of hard- Officers. of the steamer: Queen City. who examined the boat, are of the opinion that it is wn- doubtedly one of those belonging to the Condor, of which no news has been re- ceived since she left here for Honolulu. The naval authorities to-night received advices from Honolulu up to January 21, and as no news of the Condor was re celved hope has been about abandoned. H. M. S. Egeria will leave in the morning to assist in the search for the missing vessel. Army Deserter Captured. TACOMA, Jan. 27.—Fred Gilbert, alia Fred Webster, has been arrested in Everett on the charge of desertion from the Urited States army in Chicago last Qctober. His right name is"Webster and be married in Chicago under that name. He has been living in Everettifor sev- eral months under the name of Gilbert. His wife and child live at Websteér City, Jowa. Webster has been taken to Fort Flagler and delivered to the army offi- and chophouses. cers. i @ in a state of certain enactments contained in the stat- utes of Minnesota. Hence he contended that the injunction prayed for would be nothing more or less than an order com- gflllng the securities company to obey in ew Jersey the laws of Minnesota. He. called attention to the fact that no relief is sought against the Great North- ern Rallway Company or the Northern Pacific, although both are corporations of the State of innesota and therefore within the jurisdiction of the courts of that State. This was taken, he sald, as a confession that neither of these corpo- rations had sinned against the laws or the constitution of Minnesota. He pointed out that neither of these companies is a party to the suit, 5o no relief dould be granted against them. In conclusion Guthrie contended for a continuance of the policy which had pre- vailed, he said, during the history of the Government of al,owing each State to con- trol its own affairs wiciout interference on the part of the Federal judiciary. Closing Statements Made. Former Attorney General Griggs fol- lowed, also speaking for the securities company. He said the fundamental error of the State of Minnesota in this proceed- ing is in making a claim to the assistance of this court in the exercise of its sover- eignty. At best the command of the State could not be considered effective outside olf the State. The public police law of one gtwtte could not be extended to another ate. He never before had heard of a case in which a State had called on a Federal judiciary to support its own_State laws in matters not coming under Federal jur- isdiction. Concluding the argument for the State of Minnesota, M. D. Munn said that the UNEARTHS CEDAR CANOE FIVE CENTURIES OF AGE Creek’s Torrent Exposes Craft Made by Aborigines of the Distant Past. 3 TACOMA, Jan. 27.—The durability of red cedar is demonstrated by the discovery last week of a cedar canoe at least fiva centuries old in a clay bank In Skagit County. D. B. Ennis or Sedro, accom- panied by another white man and two In- dians, was exploring the bed of Cascade Creck for minerals. One mile from the creek’s -mouth the party came across a spot where the: force of the current qur- ing: the late freshet had washed away the clay bank along the stream. Stickin out from the clay bank they found a wefi Breserved Indian canoe, made out of a gedar log and nearly thirty feet in length. Jieprojected. from the bank about fifteen Everything indicates that the canoe had been imbedded in the bank at least five hundred years, Above it was found @ mass of cottonwood trees centuries old. ?n top of these ln{ a bank of earth be- Fween seven and elght feet in thickness. “reo v:%geb:&!;!ha: n?}v'm cottonwood show i TreSnten shay tiem o be mors perfect th shows plainly marks .n%rmmrva egrd!!;ag made with bl With the !lonam\:v‘ eQInsl:mment‘s_ probably ons used by warliki "lvm gen rgagg‘tiu%iel ‘ago. %e ‘auo: ama or T n a museum in Ta- S LOS ANGELES, Jan, 27.—John Sampson, the convicted wif the | . b Judge Smith Yo Say Quemine oy fentenced THE CHILDREN ENJOY Life ont of doors and out of the games which they play and the enjoy- ment which they receive and the efforts which they make, comes the greater part of that healthful development which is so essential to their happiness when grown. When a laxative is needed the remedy which is given to them to cleanse and sweeten and strengthen the internal organs on which it acts, should be such as physicians would sanction, because its component parts are known to be wholesome and the remedy itself free from every objectionable quality. The one remedy which physicians and parents, well-informed, approve and recommend and which the little ones enjoy, because of its pleasant flavor, its gentle action aad its beneficial effects, is— Syrup of Figs—and for the same reason it is the only laxative which should be used by fathers and mothers, Syrup of Figs is the only remedy which acts gently, pleasantly and naturally without griping, irritating, or nauseating and which cleanses the system effectually, without producing that constipated habit which results from the use of the old-time cathartics and modcern imitations, and against which the children should be so carefully guarded. If you would have them grow to manhood and womanhood, strong, healthy and happy, do not give when medicines are not needed, and when nature needs them medicines, assistance in the way of a laxative, give them only the simple, pleasant and gentle--Syrup of Figs. Its quality is due not only to the excellence of the combination of the laxative principles of plants with pleasant aromatic syrups and juices, but also to our original method of manufacture and as you value the health of the little ones, do not accept any of the substitutes which uascrupulous deal- ers sometimes offer to increase their profits. The genuine article may be bought anywhere of all reliable druggists at fifty cehts per bottle. Please to remember, the full name of the Company— CALIFORNIA FIG SYRUP CO.—is printed on the front of every pack- } age. In order to get its beneficial effects it is al- ways mnecessary to buy L