Newspaper Page Text
fdUIT TREES CONDEMNED COMMISSIONER ORDERS OVER TWO THOU SAND DESTROYED. Were Grown in Oregon and the Agency Has Been Quarantined—San Jose Scale. gtate Horticultural Commissioner u„Merheke has ordered destroyed \ on n"" ,c ' >500 newly shipped fruit trees at Spo kane. Some days ago Guy Seaton, of Hill , ~ ~,, has land under irrigation up the gpokane valley, received through William Sayer an invoige of 2500 trees. Inspector Charles E. Peyton went out ostensibly to inspect the invoice and it is said that he cut open the burlap wrapping about the roots of several bundles of the trees and then O. X.'d the entire lot. When the employe delegated to set th( , trees upon the land commenced his work he easily distinguished some pests on the roots. He reported his find to Colonel Nolan, of the Spokane Canal company, who learned that In spector Peyton had made some kind of examination of the nursery stock. j n the name of the Spokane Canal company, which has interests closely allied with those of the Otis Orchard company, a telegram was sent to State Commissioner Yon Holderbeke. Mr. Yon Holderbeke visited the stock on the Seaton land and immediately or dered it condemned. Mr. Yon Holder beke discovered no less than four fruit tree pests on the stock —San Jose scale, woolly aphis, crown gall and red spider. As to the origin of the nursery stock, it was discovered that the stock had been purchased of William Sayer, Wal. la Walia nurseries, on Sprague avenue, east of Washington street. Mr. Sayer said they were grown in Oregon over the line from Walla Walla, He declined to give the name of the nursery. The Sterilized Milk and Cream sold by Shady Nook Dairy contains no wa ter, drugs or coloring. It is just milk and cream. More advertisers fail through lack of persistence than anything else. Ca+nnrlaif is the last day of our jdfUrUdy big RUG SALE Don't let Saturday slip by without visiting our Carpet Department and getting our prices on all kinds and sizes of rugs, which are being Bold at very low figures this week. This is an opportunity that you will not have every day and you should take advantage of it while it lasts. Besides the larger reduction on ready-made Rugs we have in cluded all bordered Carpets in this sale at special sale prices when sold in room-size Rugs only. The following are a few patterns included: It is our aim to make this Rug Sale as inclusive as possible. Ac cordingly there are about 35 patterns of Carpets with borders which we will include and sell in Rug quantities only. Special price list follows: AXMINSTERS All our $1.50 Velvet Bordered All our $2.00 Axminster Bor- Carpets, Oriental patterns only; dered Carpets; all new Spring sewed, laid and lined; patterns. specially reduced, yard $l.o» ~ ~ _~ , All our $1.35 Velvet Bordered sewed, laid and lined, . pe r yard $1 75 Carpets, many light effects, also All our n.75* Axminster Bor- darker Oriental and floral, sold dered Carpets in greens, tans in rug patterns only; sewed, and reds, including the new laid and lined; yard ...slls Plain colors; sewed, laid and All our $1.25 Velvet Bordered lined; yard $1.55 CarpetS (jUSt * feW ° f > All our $1.65 Axminster Bor- ™ade size rug: dered Carpets, sewed, laid and >' ard $LOD lined .... ... 45 .„ BRUSSELS CARPET. AH our $1.40 Axminster Bor- onwo^t dered Carpets, sewed, laid and Three patterns of Body Brus lined, yard .«1 15 sels Bordered Carpets, sold close All our $1.25 Anninater Bor- at the regular $1.60 price, and dered Carpets, sewed, laid and therefore not admitting of a very lined, per yard Sl.lO K'eat reduction: nevertheless. ™ they are included in this sale at, VELVET CARPET. sewed, laid and lined; All our $2.00 Velvet Bordered yard $1.45 Carpets in floral, Oriental and All our $1.25 Bordered Bras scroll designs, sewed, laid and sels Carpets, light and dark ef lined in rug patterns only, for fects. sewed, laid and lined; in pei yard $1.80 rug patterns only; All our regular $1.75 Velvet yard $1.10 Bordered Carpets; some with All our $1-00 Bordered Brus rtch, wide Grecian borders; sels Carpets, Oriental effects sewed, laid and lined, in rug pat- only; sewed, laid and lined Jfrn only; f or yard $1.60 >' ard ** Saturday Special We have had imported especially for this event a large lot of Jap- Rugs, 36"x72" in typical Japanese designs, very strong variety of <»lor, beautiful effects. They have just been unpacked and will be on sa 'c Saturday only for $1.85 SEE WINDOW. %\ THEDAVIS-luWERCoTS Enrjttl* M Finis* He Hon LJU WANT M'CROSKEY FOR REGENT. Students at the State College Pass Resolutions. PULLMAN, April 7.—The student body and everybody connected with the state college is showing a deep in terest in the appointment of a college regent by Governor Mead. The expression is practically unan imous among the factulty for the re appointment of R. c. McCroskey, of Garfield, but the student body has tak en the matter up. When it was ru mored that Regent McCroskey would not be reappointed, the students began to deplore the fact and talked of the proper steps to be taken to seure his retention. When the Governor made his visit to the college a few days ago he was cheered when he declared to the student body that they could have everything that they desired and that was in his power to grant. So a resolution was prepared which praised the long and efficient service of R. C. McCroskey as regent of the college, and expressed the ehope that his services would be continued in that capacity. This resolution was signed by the of ficers of the students' assembly. PAYING $1,000 DAILY GRAPT. Stern Accusation Against "High Place" in San Francisco. SAN FRANCISCO, April 7.—The Bulletin publishes a statement that a graft fund of $7,000 a week has been collected from the poolrooms in the city and paid to some person or per sons high enough in the city adminis tration to grant protection to . the joints. As the paper's former an nouncement of a Chinatown graft of $2,000 a week was followed by proof and dismissal from the service of Chief of Police Wittman and Sergeant Ellis, this latest protest graft story will doubtless produce a profound effect. The.s7,ooo was collected from 300 places where betting on races and open sporting events has been in progress. Zeke Abrams, who place was recently raided, is declared to have paid $75 a for protection. Other large poolrooms paid $75, and the price to cigarstands and other small places conducting betting places, ranged as low as $15 per week. The fund has been known among poolroom men as the "lawyers' fund." The grand jury is at work investigating the affair. WANTED—A GOOD SALESMAN and collector with good reference. Call or address 17 E. Main St. THE EVENING STATESMAN FRIDAY, APRIL 7, 1906. IS SUBJECT TO TAXATION ATTORNEY WILSON CLAIMS WHITMAN COLLEGE PROP ERTY IS ASSESSABLE. State Constitution Annulled Private Act Passed by Territorial Legis lature Exempting Property. Late yesterday afternoon County At torney Wilson rendered an opinion to the board of county commissioners in which he holds that all the property owned by Whitman College in Walia Walla county is subject to taxation. For some time there has been quite an agitation among a number of farmers who claimed that they did not believe that real estate owned by the college should be exempted from taxation. Objections were made to the-vcommis sioners personally and many protests were registered with County Assessor Berryman. Early this week a petition, signed by over 100 taxpayers of the county, was filed with the board asking that body to direct the assessor to as sess the property owned by the college. The commissioners referred the peti tion to County Attorney Wilson and he has rendered an opinion which is as follows: "To the Board of County Commission ers of Walla Walla County, Wash ington. "Gentlemen: "I return herewith the petition of about one hundred taxpayers of Walla Walla county, wherein your board is petitioned to 'investigate the right of Whitman college to have exempted from taxation various large tracts of farming land owned by it in different parts of the county, and to require such lands to pay a just proportion of the taxes levied in the county.' Replying to your query as to the respective rights of Whitman college and of Wal la Walla county in the premises, I sub mit: "Whitman college was incorporated under the name of "Whitman Seminary' by an act of the territorial legislature passed December 20, 1859. No men tion is made of any exemptions from taxation of its property in the original act of incorporation. "The territorial legislature of 18S3, by an act passed on November 28th of that year amended the charter by naming it Whitman College, defining its right, privileges and duties, and sec tion 6 of that act, reads: " That the property of said board of trustees of Whitman college, including all income and proceeds shall be used exclusively for the purposes of edu cation and in consideration of said use, said property, income and proceeds shall not be subject to taxation." "This territorial law is plainly re pugnant to the state constitution adopted in ISS9, and legislation enacted thereunder; and I think it was abro gated and nullified by that instrument uniess the territorial law created a valid, irrepealable contract with Whit man college, binding upon the state thereafter formed, for the perpetual ex emption from taxation of all property which it owned or might in the future acquire. For the purpose of answer ing your inquiry there are three propo sitions to be considered: "First, does this territorial law of 1883 show upon its face a plain inten tion to perpetually exempt from taxa tion all property which Whitman col lege then owned or might in future acquire? "Second, if the law plainly shows such intention, was it based upon such a consideration as to make it an irre pealable contract, even if the legisla tion was within the powers of the ter ritory? and "Third, was it within the valid pow ers of the territorial legislature, un der the restrictions of congress as to legislation in territories, or otherwise, to create by private statute a valid perpetual exemption from taxation of property which Whitman college then owned or might in the future acquire, which the state of Washington subse quently formed, is bound by? "It would take a long time to write and you a longer time to read and di gest all the facts and the law govern ing the matter; but I am forced to the conclusion that all three of the above propositions should be answered in the negative. I am therefore of the opin ion that the exemptions of the property of Whitman college from taxation in Walla Walla county, should be gov erned by the general revenue laws of the state, without regard to the ter ritorial act, and that any property which it owns, not exempted thereby, is subject to taxation. "Tours very truly, "LESTER S. WILSON, "County Attorney." Another Question Raised. Although the attorney holds that the property is subject to taxation an other important question has arisen | and the attorney is now looking it up and will render an opinion on the same. The question is whether or not the as sessor should place the property on the rolls this year. Under the revenue laws of the state real estate is assessed every two years. This year is one that only the personal propert is assessed, the real estate being taken from last year's roll, the change to be made is in cases where improvements have been placed on real estate. Valuable Land. Whitman college owns about 1500 acres of land in Walla Walla county, a large portion of it being located east of the city and is considered to be worth at the lowest $100 an acre. AMUSEMENTS Big Bill at La Vern's As the city's clocks peal forth the hour of seven tonight, they will sig nalize the approach of the inaugura tion of Walla Walla's new military band and symphony orchestra. Never before has the local interest been aroused to the high point which now characterizes the watching and wait ing of the public for the first appear ance of this new organization, and it is safe to say, that when the curtain of La Vern's popular theatre raises on the first number, Professor George Herbert and his men will receive as hearty and enthusiastic an ovation as soldom falls to the lot of even a king. A most proilliant program has been ar ranged of both classical and popular music, among which will be Flotow's Overture of "Stradella"; selection, "Pa trol of the Blue and the Gray," and Balfe's beautiful "Maritana." But the piece de resistance will be "The Cav alry Charge," by Luders, of "The Bur gomaster" and "King Dodo" fame. This number vividly portrays the soft, mellow dawn of a new day, over a peaceful vale, which is soon changed to a scene of deadly combat. In the distance can be heard the dull- rumb ling sound of the massive forces, fast approaching; it's the advance charge of infantry and cavalry of two war factions. As each discover the other, for a moment only they pause for or ders, then madly they spur to the front, each man eager for the fray. One can hear the terrible crash as the forces meet. The shots, the roar of cannon, the death cry of the vanquish ed andying; and final retreat. All this is so graphically rendered, that one can almost imagine themselves to be an actual spectator of a battlefield. A special orchestral program is be ing prepared to furnish the latest se lections between the acts of Lawrence Russell's powerful play, "At the Old Pike Road." It is written in the same vein as Denman Thompson's famous "Old Homestead," and is said to be an excellent companion piece to "Sag Harbor." It tells the story of simple rural life of the people of southern In diana, and one could witness this beau tiful play over and over again without growing tired, so closely cemented to nature are the characters. It is a char acter study, and its naturalism stands out boldly; it is unveneered. A prize of $10 is offered Saturday night and a grand candy matineee will be given in the afternoon. A Queen's Cold Cure ' You have a cold, eh?" said the phy sician. "Well, suppose I give you the same prescription that Queen Elizabeth used?" He took down an ancient folio. "Dr. William Bulleyn's prescription for a cold, which Queen Elizabeth used all her life, was this," he said: " Take nutmeggs, the root called dornike, which he apothecaries have, setwall. gatangall, mastike, long pep per, the bark of pomecitrone, of mel lon, or sage, bazel, marjoram, dill, spiknard. wood of aloes, cubebe car damon (called graynes of paradise), lavender, peniroyalls, the bone of a hart's heart grated, cut and stamped, and beat your spices grossly in a mor tar. Put in ambergrice and musk, of each half a drachm. Distill this in a simple aqua vitae, made with strong ale, in a serpentine. To tell the vir tue of this water against cold, phlegme, drpsy, heaviness of mind, coming of melancholy, I cannot well at the pres ent, for it is too great.' " Personal Mention W. S. Roberts is in the city from Two Rivers. R. L. Rush, a banker of Pomeroy, is in the city. C. F. Weiss, a merchant of Freewater, was in the city today. William Fudge, a prominent citizen of Waitsburg, is in the city. Mayor-elect D. V. Wood of Waits burg was in Walla Walla today. Mrs. William B. Buffum of Prestott is in the city visiting with relatives. J. B. Gross, a merchant of Weston, was a visitor in Walla Walla today. M. H. Keiser of Waitsburg was in Walla Walla today from Waitsburg. T. C. Davis, a successful fruit grower of the Clarkston country, is in Walla Walla today. TEST TRADIN6 STAMP LAW SEATTLE PARTIES BRING SUIT TO PREVENT ENFORCEMENT OF THE ACT. Fourteen Counts Against Scott Act Al ieged in a Complaint Filed at Olympia. A suit to test the validity of the law passed by the last legislature prohib iting the use of trading stamps has been instituted in the superior court of Thurston county, in the name of Ernest and A. L. Hutchinson, doing business as the National Trading Stamp com pany. The concern's place of business is at 1106-8 Third avenue, Seattle. The suit is unique from the fact that it seeks to prevent the enforcement of a law which does not become operative until June 7 following. The suit is brought against Governor Albert E. Mead and Attorney General John D. Atkinson to prevent them from en forcing the law when the time arrives, on the ground that it is unconstitu tional, and petitions the court to de clare the proposed law illegal. No less than fourteen counts are ar rayed against the prohibitive statue, which is designated as house bill No. 340, introduced by Representative Scott, of Spokane. It is attacked as destructive to the lawful business of the plaintiff; a destruction of their rights as individuals; an act against public policy; a restriction of trade between the people of the state, and of interstate trade and commerce; as special and class legislation; of unlaw fully, wrongfully adn unconstitution ally, depriving the plaintiffs of their liberty and rights; as oppressive, dis criminative, prohibitive and unreason able and not proper and lawful; that the bill embraces more than one sub ject and that the subject of the act is not expressed in the title and hence it- unconstitutional. These are some of the shortcomings alleged against the measure. The company alleges that it has $70,000 in vested in the business, which will be destroyed by the act, together with an annual income of $10,000. It operates in the cities of Seattle, Tacoma and Everett and "elsewhere in the United States." RAPID-FIRE PHILANTHROPY Rogers' Style of Making Donations When Busy. On a recent occasion Mr. Rogers showed the same swiftness of judg ment that has made him successful in business, says World's Works. He was waited upon by the head of a leading New York charitable organization in need of funds in the middle of the win ter. Finding Mr. Rogers busy with a mass of correspondence, and hearing a secretary remind him that he was to attend a board meeting in 15 min utes, the hopes of the visitor fell. Sev eral minutes went by before the cor respondence was finished. Each tick of the clock reduced the time for the caller to explain his mission. Finally, when but thee minutes remained, Mr. Rogers received his visitor and cour teously asked the object of his call. "I came to solicit a donation from you," replied the other, "but as you appear to be busy this morning, per haps we had better wait until some other time." "I am always busy here," he was in formed, "but, as it happens, I have just two minutes to spare. How much do you need?" "We are trying to raise $5,000." "My secretary will send you the per sonal check for the amount today," re plied the financier, rising and accom panying the visitor to the door. FORMER MAYOR PERJURER. Bribed Man to Make False Confession to Murder and is Convicted URBANA, Ohio, April 7.—ln the case of Samuel Standish charged with su bornation of perjury, the jury has returned a verdict of guilty. Standish was formerly mayor of Woodstock, and at present a justice of the peace and a prominent politician. He was charg ed with inducing Wiliam Woolley to make a false confession of the murJer of William E. Latimer, the Woodstock merchant who was killed a year ago. Woolley made a confession that he and William Nichols killed Latimer. Woolley pleaded guilty to the murder charge. When Nichols was called Woolley alleged that Standish and Co lumbus Brown offered him $300 and hia liberty if he confessed. Standish and Brown were arrested, released on bond, and when found guilty Standish was placed in jail. Prince of Wales Has Recovered. . LONDON, April 7.—lt is announced that the Prince of Wales has practic ally recovered from the operation he underwent recently. PAGE FIVE Farm Harness Specially prepared to handle thla business this Spring. We would like to have your order. THE WEBER Harness and Shoe Finding Company. Milk and Cream from Shady Nook Dairy costs no more, but it Is sterilized and it's better. A postal to T. F. Kendall at College Place will bring the wagon to your door. • Now for Something ♦ • New and Fine in • • BUGGIES. • • Two carloads just received. * m They're the handsomest as • m well as the -most serviceable • • vehicles ever before seen In ♦ • Walia Walla. ♦ • We cordially invite you to ♦ • make an early inspection of ♦ • these new goods. * \ JOHN SMITH! • Company • : (lain St. Bridge, Walla Walla t Meet Me "AT THE OLD PIKE ROAD" LAVERN'S THEATRE TONIGHT Ito the public - | R& G j : CELEBRATED ; j CANDIES : • Are Now in Town. Boxes or in bulk • : Lutcher Brothers • • Sole Aflents for Waßa WaHa ♦ • Tel. Main 415 ♦