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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 6, 1902)
if THE MOKXIXG OREGOKMN, SATURDAY, SEPTEMBER 6," 1002. TO TEST THE TAX Legality of Occupation Or dinance to Be Settled. LAWYERS FILE SUIT IN COURT City of, Portland and Mnriiclpal Of ficers the Defendants Attorneys Ask That Temporary Injunc tion Be Issued. A suit to test the, legality of the occu pation tax ordinance "was filed In the State Circuit Court yesterday by Attor neys George P. Lent, H. B. Adams, D. M. Donaugh, R. I. Eaton, R. P. Graham, R. "W. Thompson, T. J. Clecton and j. If. Davis. The defendants named are the City of Portland, Auditor Devlin, License Collec tor M. A. McEachern, Chief of Police Mc iLauchlan and Municipal Judge Hogue. It esked that they be enjoined from enforc Ing the ordinance, and that It be declared void. The plaintiffs state In the complaint that they have been licensed to practice law. In this stato by the Supreme Court of Oregon, according to the statute in that case made and provided. It is alleged that the ordinance, -which is entitled "An ordinance licensing, taxing and regulat ing, for the purpose of revenue, busi nesses, callings, trades or employments," 'Is In violation of the authority conferred .upon the city by the charter, -which 11m- -lted the power of the city to tax for municipal .purposes to a mills; tnai ine ordinance provides that every person en gaged In business as a lawyer shall for the purpose of this ordinance be classed as a lawyer, and shall pay a license fee of from ?1 to ?16 per quarter, according !to the amount of his income for the pre ceding 12 months. It Is further charged that the defend ants threaten to arrest and Imprison the plaintiffs and all persons similarly .situ ated unless they procure a license; that the city would not be civilly liable or held responsible for damages, and that the au thorities making the arrests are not finan cially responsible or able to. respond to damages. There are. It is stated, between 230 and 300 practicing lawyers In the city simi larly situated, to -whom loss and injury will result if the ordinance is enforced, and if they should sue to recover the license, 250 or more suits would be re quired. These and other things, It Is ex plained, are the cause of this suit being brought. WIL1IA2IS ANSWERS SUIT. Asks Court to Set Aside His Contract "With Troy Laundry, t "W. F. "Williams yesterday filed an an swer in the State Circuit Court to, the suit of the Troy Laundry - Company to enjoin him from soliciting work for an other laundry. Ho avers that he -was forced to sign a certain contract, which he asks the court to ses aside and permit, him to continue with hla present employers. "Williams In hla answer states that he entered the employ of the Troy Laundry Company on September 1, 1900, and in Feb ruary, 1901, J. M. Tait, the manager of the corporation, told him It would be neces sary for himto sign a contract agreeing that if he should cease the employment of the company he -w6uldVot':ehgage'in simi lar employment for a. period of' tw,b. months, and the employment could only be-terminated by a notice of 30 days by eltherparty. , . Talt, It is alleged by Williams, Insisted" on this contract being signed, and threat ened to discharge him if he did not sign it. At that time, it is averred, there ex isted a combination trust contract be tween the Arms and corporations engaged In the .laundry business, by the terms of which It was covenanted and agreed with each other that any employe discharged should be refused employment by the oth er laundries. Williams furtherv alleges that there ex isted a large number of agencies In the city which received a commission on laun dry work obtained, which were discontin ued so as to save this commission, on July L and that, by reason of this action, a largo amount of -business and Income as driver, solicitor and collector for the com pany was taken from him. He states that the contract which he signed Is void for the reason that it is nn unlawful re straint of .trade, is .unreasonable, uncon scionable, and-was obtained by means of duress and coercion. He asks that it be cancelled and the injunction- dissolved. LONG LIST OP CIII3IIXAL CASES. District Attorney Will Attempt to Clear Docket In One Term. District Attorney Chamberlain has a long list of criminal cases to try within; the September term of the State Circuit iSourt, which convenes next Monday. Ho states that it Is his Intention to dispose o them all during the term, and not let anything go over. There, are seven men charged with murder In the first degree, as follows: Andrew White, Thomas Wlilte-and John King, charged' with having killed Peter Beauchene. George Smith- (colored), accused of tho murder of his white wife. A. S. Beldlng, accused of killing his wife, mother-in-law aridGeorge Wood ward. A. T. Gladlssee .and Ed Johnson (col ored), charged w;lth the murder of Louis Bargus. . The following other cases will be tried: George W.t William and Frank Baldwin, charged with manslaughter for the death of Frank Carlson. H. Westerman, charged with selling adulterated milk. William Locklngton, charged -with as sault with a dangerous weapon. Frank Reynolds and George White, charged with burglary. John Hall, charged with assault'wlth in tent to rob. W. N. Daniel, charged with selling short weight butter. George W. McCrary. charged with ob taining money under false pretenses. Robert Slntor. charged with obtaining money under false pretenses. There Is also the suit of Hume & Hall against Multnimah County, which tho District Attorney will have to defend. The Beldlng case Is set for trial .Tuesday. de'red In the line or grades, "but the Com missioners have not yet taken the matter up for discussion. The whole line was in spected. Judge Webster states that he Is in hearty accord with the good-roads people who intend to hold a convention hero in October, and that the County Court will do anything reasonable to facilitate tho movement and appropriate any reasonable amount of money. Judge Webster said they are ready to help in any way, and furnish some road to build, but none of the good-roads people have yet called on them. They havo nbt seen even one of them. The Poor Farm water supply still oc cupies the attention of the County Com missioners, and a supply of Bull Run water is going to be obtained if possible. C. IC HENRY SETTLES SUIT. Reaches Ajrreement With W. E. Pot ter by Fayinsr 9075. The suit of W. E. Potter against Charles K. Henry and W. M. Gregory to offset one Judgment against another has been set tled and dismissed In the State Circuit Court, and Instead of Potter having to pay Henry J4S7, the latter had to pay Pot ter J675. The story of the case Is a brief but interesting one: In June last Henry, through his attor ney, W. M. Gregory, levied on Potter's ranch in Clackamas County to enforce the payment of the face of a deficiency Judg ment against Potter, which he had ob tained from John Klernan for S20. - Potter mangjed to secure a withdrawal of the execution, and as a matter of re taliation purchased fom J. L. Roblson. of Walla Walla, a Judgment which he held against Henry, amounting to Jlfflo, for a valuable consideration; On August 13 Pot ter sued Henry to compel him to offset accounts. Henry agreed to eettlc up, and, this having been .accomplished. Potter yesterday dismissed the caee. IN THE CIVIL , SERVICE f OPPORTUNITIES THAT -ARE OF FERED FOR APPOINTMENT. Eighteenth Annual Report of . the Comniis.iion Chances for Women Arc Not Flattering. Court Xotes. J. C. Sanford hao sued C Blrchcr, In .the State Circuit Court, to quiet title to lot 6, block 2. Brush's Addition. ' Judge Webster will leave Sunday even ing for Ontario, and will not be at his office on Monday and Tuesday. J. SI. Nickum was appointed in the County Court yesterday administrator of the estate-of Susanna Nlckum, deceased, valued at $3100. He is the sole heir. Judge Alfred F. Sears has appointed Donald G. Woodward trustee to collect the rents of the Joseph K. Thompson estate.- Mr. Woodward's bend for $1000 has been approved. S. C. Spencer y?terday filed an at tachment suit .In the State Circuit Court asralnst Emma and J. A. Tlllev. who con- j duct the Merchants- Hotel, to recover $300 on account of notes Issued to Nellie Eales. COMMISSIONERS REJECT BIDS. I Repairs on Alblna Ferry Not to Be Made Until Boat Is Examined. The County Commissioners have reject ed all the bids submitted for the repair of the Alblna ferryboat, because It was de cided that until the boat is- taken out of the water and examined It cannot bo told exactly what repairs are required. A letter was sent by the board to each bidder to give an estimate of what he will take the boat out of the water for and put her In good condition. This is a day's work proposition, and can be figured on by contractors,1 as the union fixes tho scale of wages, and contractors know what material costs. The ferryboat is in bad condition, and was ordered out of service by United States Inspector Edwards. The steamer Republic carries over foot passengers in place of .the ferry, and team travel is tifinsferred to the steel bridge. The County Commissioners yesterday examined, the Gresham-Lents electric railway line,- which; is under construction by-the Oregon. Water Power & Railway Company, to see -where the line crosses county roads. Some changes may be cr- Mlssourl Beef Trust Inquiry. ST. JOSEPH, Mo., Sept. 5. The state beef trust inquiry was continued hero today, Attorney-General Crow conduct ing the examination. Frank Standerous, president of the Butchers' Union, con firmed the testimony of previous wit nesses who gave evidence of concerted raising of prices by the packers and tes timony on other acts of the packers, which support the theory of the existence of a trust. The Inquiry "was adjourned to meet In Jefferson City September 15. Ingleslas Is Free Again. SAX JUAN, Porto Rico, Sept. 5. The libel case against Santiago Inglesals, of the Federation of Workmen of Porto Rico, which was an outcome of his put ting in circulation a pamphlet In which he criticized and attacked the Insular authorities, has been pigeonholed and Ingleslas has been liberated. Will Wed n Baron. NEW YORK. Sept. 5. The Figaro an nounces, according to the Herald's Paris correspondent, the engagement of Baron Lepic to Miss Whltcomb, daughter of a late noted San Francisco attorney. WASHINGTON. Aug. 31. Among the Government publications that will soon be ready for public distribution is the eighteenth report of the Civil Service Commission, covering the period from July X, 1900. to June 30. 1901. The report proper (as distinguished from the appendix) is largely statistical. It opens with the statement that 47,075 per sons were examined during the year, of whom llfftS were examined for the de partmental servlce.s This service dees not include merely the departments at Wash ington, but all the Federal classified ser vices outside of Washington, with the exception of the pbtal, customs. Internal revenue and Government Printing ser vices. Thus, the railway mail and Indian services are divisions of the departmental service. Nearly 21.CO0 persons were ex amined for the Postofllce service, or a little over a thousand less than the num j ber examined for the' departmental ser i vice. About C9 per cent, or 33,759 of those ! taking examinations passed, and 14,559 failed. Compared with the year previous, this represented an increase of 2112 in the number of persons examined, a decrease of 129S in the number who passed and In Increase of 3410 in the number who failed. The total number of persons receiving appointment,, excluding 'the Philippine ser vice and the municipal service of the Dis trict of Columbia, neither of-whlch is sub ject to the provisions 'of the civil rervlce act, was 9S70. distributed as follows: De partmental service (excluding the railway mall and Indian services). 3333; railway mail service. SIC; Indian yorvice. 276; post ofllce service. 42SS; Custom-House service, 302: Government printing service, 172: in ternal revenue service, S3. Two-thirds of the appointments in the departmental ser vice proper and nearly one-half of the ap pointments In the Indian service were of persons who had passed non-educational I examinations. These examinations, which are somctimcn termea registration or ex perience examinations, are mainly based upon a consideration of the length and quality of the experience and the physical fitness of applicants. They are usually held for positions requiring a knowledge of one of the mechanical trades or skilled manu3l occupations. Inquiry is made by mean3 of certificates from employers and fellow workmen "concerning qualificatlona A prescribed period of nervlce at a trade is usually a requirement. The examina tions for compositors, pressmen, etc. In tho Government printing office are not In cluded In this class, since In these scholas tic tests are essential. The commission states In Its report that it has been unable to make the registration system for work men as thorough as Is desirable for lack of sufficient clerical force. Preference Given to Veterans. Concerning the preference given to United States soldiers and sailors honor ably discharged for disability Incurred in line of duty, the report says: - "With a view to securing to those hon orably discharged from the military or naval service by reason of disability in curred in line of duty, the benefits granted by section 1754 of the revised statutes, tho civil service rules give preference to such persons 'in examinations by requlring- them 'to obtain an average of only 63 in order to pass. In certification by placing their names at the head of the register before all others not veterans, and In ex empting them from all hge limitations. The preference thjus conferred extends to all who have at any time been discharged from the military or naval service by rea son of disability incurred in the line of duty, and-Is not confined to those who have rerved during a war." A table accompanying showy that 43 ap pointments of preference claimants were made during the year, most of .these being to positions in the departments at Wash ington. The average, age of these prefer ence claimants was less than 50 years. In the appendix to the report the preference given to honorably discharged veterans of the War of the Rebellion, and the Spanish-American War in the matter of rein statement to the civil service is mentioned. Such veterans," their widows and Army nuraes of either of these wars may be reinstated without regard to the length of time they havo been separated from the civil service. That this Is a substantial benefit appears from the fact that during the fiscal year covered by the report 131 such persons were reinstated, or over 15 per .cent of the entire number of rein statements. Temporary Appointments, Etc. The commission regards the number of transfers effected during the year 533 as excessively large, and In the Interests of the Individual rather than the public km-vIpp. ar.d attention Is called to the fact that the transfer rule has since becri amended to restrict transfer? within the same lines of work. At the end of the statistical portion of the report proper arc presented the re sults of a comparison of the number of percxms examined, appointed, transferred, etc.. during the fiscal year ended June 20. 1901. with the corresponding figures "for the urevlous fiscal year. From this It ippears that there was an increase of 1559 in the number of persons who took com petitive examinations, and an Increase of 5GS in the number who received appoint ment. There was a decrease of 327 In the number of appointments from noneduca tional examinations. The lncjase in the number of temporary appointments was large, being 443.Tover the previous-year. It may be stated.. In this connection, that the rule governing temporary appoint ments has since been amended, with a view to confining them more strictly to persons who have passed a competitive examination. There appears an Increase in the number of transfers of 106, and decrease in the number of reinstatements of 163. Extent of Classified Service. A brief statement of the extent of the service subject to the civil service act and rules Is a feature of the report. From this it appears that in the entire execu tive service of the Government there are, In round numbers, 235,000 places, of which number about 121,000 are classified. Of the 114,000 remaining unclassified, 72.49S are those of fourth-class postmasters. The annual expenditure of salaries for the entire executive service is stated to be about $130,000,000. and of this, $850CO.00O. or nearly two-thirds, goe to salaries for positions subject to the civil service rules. The view of the commission as to what positions should property be classified appears in the fallowing quotation from the report: "Substantially all of the positions In the civil service, with the exception of thoso requiring administrative ability, those of a confidential nature, and those of mere laborers, can be properly made subject to practical tests of fitness by this commis sion. Tho positions requiring administra tive ability or supervisory capacity should, as a rule, be filled by promotion or transfer, and, as a matter of fact, the positions of a confidential nature, or those which are of a fiduciary character, could also be better filled in most cases by the transfer or promotion of qualified persons alreedy In the service. The number of positions which cannot, with advantage to the service, be made sub ject to competitive examination in some form, is very small, and Is confined to that limited class of persons tho occu pants of which are required to originate action Involving the general policy of the Administration." Opportunities for Appointment. Probably the most Interesting portion of. the report to the general public will be that part of it headed "Opportunities for Appointment," In the report of the Chief Examiner. An abstract of this is as follows: "For men," the' best oppor tunities are offered through the stenog raphy and typewriting examinations, which are given twice a year.v For sever al years all men who have passed In both of these branches have been offered ap pointments, except those who had placed the minimum salary they were willing to accept at so large a figure as to preclude their appointment. About 50 per cent oi the men passing the bookkeeper examina tion for aid in the Coast and Geoaeiic Survey, which examination requires a fair knowledge of higher mathematics, mathematical astronomy, and physlc3, surveying, and some knowledge of mod ern European languages, have been of fered appointment. Those who have passed examinations for topographic draftsman, assistant tonosranher. and copyist topographic draftsman, for the last three or four years, have usually been offered appointment, the salaries ranging from ?S40 to $1500 tper annum. Persons passing the- examinations for as sistant examiner of patents, civil and electrical, and civil and mathematical engineer, are reasonably sure of appoint ment. The entrance salary for the posi tion of assistant examiner of patents Is $1200, with a good chance for promotion. The entrance salary for the engineer ex aminations abovo mentioned Is about $150 per annum. Other examinations for the Department Service which offer good opportunities for appointment to men are thit of inspector of meats, in the Bu reau of Animal Industry, and that ot junior civil engineer. In the Railway Mail Service from 700 to SCO appointments a year have been made for the laat four or five years, at an entrance salary of $S00 per annum. Most of the eligible from the different teacher examinations for tho Indian Service are usually ap pointed, at entrance salaries of from $600 to 5900 per annum. Persons who pass the examinations for bookbinder, press man, electrotype finisher, electrotype molder, and stereotyper, for the Gov ernment Printing Office, have very good opportunities for appointment. The sup ply of compositor eligible, on the other hand. Is usually considerably in excess of the demand. BARON DE HIRSCH FUND. Disbursements of Colonization As sociation in Past lenr. NEW YORK, Sept. 5. A detailed bal ance sheet of the accounts of the Jewish Colonization Association, the trust created by the late Baron de Hlrsch, with the donation of ?50.COO,000, for the purpose of helping his countrymen, has just been made public for tho first time since its es tablishment. The association is best known by Its formation of colonies In Argentina. Hitherto the accounts have been kept secret. The balance shows that $2,019,597 was spent In 1901, and seven eighths of this sum was obtained by In terest and one-eighth by drawing on capi tal. The Argentine project roughly cost last year J250.O00 for direct relief. $433,000 for purchase of new land for colonies, and $65,000 for administrative purposes. Amer ican organizations received $40,000 bj way of subventions, $110,000 by way of loans for agricultural work and the settlement of Individual farms. In Russia the association spent $100,000 on schools, $5000 In subventions, $150,000 for erecting workers' dwellings In Vilna, and $30,000 In loans. In Roumania the schools cost $150,000, and $118,000 was given In subventions, Be sides $S00O In loans.. Palestine received $20,000 for schools, $20,- 000 by subventions, while Asia Minor ab sorbed $65,000. The most remarkable Item iu discounts are a loan for the weavers of the prayer shawls In Dubrovna, amounting to $170,000, and the purchase of land In Gallcla for the purpose of colonization, requiring an outlay of $120,000. "The administrative ex penses were $150,000, or about 7 per cent. of the total expended. O. R. & N. makes $3 rate, return, to coast. For particulars, inquire city ticket oince. mira ana wnsmngton. J Loop the L oop TONIGHT Loop the Loop TONIGHT ELKS5 CARNIVAL 9 O'CLOCK TONIGHT Loop the Loop TONIGHT Loop the Loop PLUGGER LARSEN One of Two Men "Who Ever Successfully Looped the Loop HAWTHORNE PARK Prettiest Spot on Earth . EIGHT MINUTES RIDE, FIFTEEN MINUTES' WALK FROM THE BUSINESS HEART OF PORTLAND HAWTHORNE PARK, a tract of land partially covered with primeval forest, many of the fir trees measuring 15 feet in circumference, beneath whose giant branches a spring of fresh, almost ice-cold water, sending forth 1,500,000 .gallons dally, lies within eight minutes' ride of the heart of the business district of Portland, and the walk from the Postofllce, Courthouse or the City Hall, may be easily made in- from 10 to 15 minutes. This prop erty is the .. logical location for the Lewis and Clark Centennial Exposition - And the prettiest residence district in the United Stales. No city on earth has a more beautiful spot for a Tiome. 'a he trees In the park have been growing probably ever since water in the Willam ette twinkled in the sunlight or" danced beneath the silvered face of the .midnight moon. The&e great forest representatives are standing there as Nature placed them, skirting a brooklet of sufficient strength, could its waters be harnessed, to' operate the machinery of a mill of quite enough importance to grind the flour- of the entire state. Houses surround these beautiful acres on every side. To the limits of the city, many mlle3 in either direction, handsome residences have been occupied for years and years, but Hawthorne Park "Was kept Intact until recent date. "When platted and placed, upon the market a few months ago, eager buyers were on hand to greet the salesagents, and the founda tions were laid for other homes that will lend grandeur and elegance to that sec tion of the town. Hawthorne Park Indeed Affords a Rural Home Within Whistling Distance of the Business Office of the banker, merchant, manufacturer or those of Portland who live by trade. Dry Goods Stores, Millinery Stores, Clothing Stores,.Butcher Shops Manufactories, etc., have flourished for years within four blocks of this property. Three Electric Car Lines And the Southern Pacific and O. R. & N. Railroads ass the borders of A park to west, north and south; t' electric roads connecting with every si in Port land to wiiich street-cars run, and Forest Trees 15 Feet in Circumference and a Fresh Water Spring Spouts up 1,500,000 Gallons Water Daily One 5-Cent Fare Carries the passenger to his destination, no matter where In the city that may be. Briefly, these are some of the attractions of Hawthorne Park, and there are a thou sand others. Splendid graded streets are already con structed, and cement sidewalks are being bullded. These Improvements are not something promised for the dim, mystic future. They Are There Now The macadamized streets of the park will not be an expense to the buyer In times to corne. He will not be harassed by the City Engineer ordering this or that alteration. The WORK IS DONE, AND "WELL. DONE, TOO. Hawthorne's First Addition At East Twenty-eighth and Burnsidev sup plied by the City & Suburban East An keny and Montavilla car lines. Is another of Portland'3 superb residence districts. This tract lies 15 minutes' distant by elec tric cars fnm the business section of tho "West Side, and 8 minutes from the busi ness center of the east side of the Wil lamette. Twenty residences are now building there, and their architectural de signs are not of the old style so often adopted nowadays. They are Up-to-Date Modern structures of the very latest East ern metropolitan patterns. Nowhere else in the West can such homes be duplicated for the money asked for these, nor do any other people offer their properties on such easy terms of payment. Photographs, plans and specifications of these dwellings may be seen, as well as large pictorial views of Hawthorne Park, at R. I. Cate's beautiful booth in the Carnival grounds. Full information may be had there or of R. L CATE, - 701 Chamber of Commerce ' . Both Phones Main ISO. FdR IXFOR3IATIOX NOT SUPPLIED IN" -THIS ADVERTISEMENT, ADDTTE5S,' L. GATE Chamber of Commerce, Portland, Or. BOTH PHONES MAIN 180 The Ladd Tract Separated from Hawthorne Park only -by Hawthorne, avenue, and also skirted., by three electric carllnes, and the two railroads, mentioned above, is- another Gilt-Edged Proposition "We have this property for- sale also. These ore The Cream Spots of Oregon, of the "Western' States of America, of the richest and best mu nicipality In-this country. .