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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 27, 1906)
10 THE HOB.XIXG- OREGONIA5i SATURDAY, JANUARY 27, 1906. FRONT STREET FRANCHISE UP Application of Willamette Val ley Traction Company Is Heard in Committee. WHAT IT OFFERS TO DO AV. D. Fcnton Voices His Objections and Thomas McCuskcr Makes a Strong Pica for His Own Project. Consideration of the Front-street fran chises occupied the attention of a special mooting of the joint strets and Judiciary und election committees of the Council, yesterday afternoon, and while deflnito action was postponed for a week, it is be lieved a friendly feeling exists among the members of the two committees in favor of allowing the thorougfare to be used for electric road purposes. .Although no definite steps were taken iii the direction of granting anybody's ap plication for a franchise, the meeting was interesting, as well as important, as indi cating the deep feeling existing throughout the Willamette Valley for any means or transportation that would bring the com munities In closer commercial and social touch with Portland. That this sentiment is reciprocated to a high degree locally is shown by the following resolution, adopt ed yesterday by the Commercial Club and read befort- the two Council committees: "Resolved. That the trustees of the Portland Chamber of Commerce favor the entrance into the city of electric railways connecting the Willamette Valley with the City of Portland. With such end in view, the trustees favor the granting of a franchise over Front street south from Jloyt street, under such terms and condi tions as will properly safeguard the In tel ests of property-owners along such street. "We do not favor a franchise for more than a single track north of Madison street, or the operation of cars north of Madison street except at night, and rec ommend that any franchise granted shall require the grantee to switch the cars of any railroad over Front street at a max imum rate, both ways, of $3 a car." Company Well Represented. The Willamette Valley Traction Com pany was well represented at the proceed ings. Attorneys C. A. Hardy, of Eugene, and John H. McNary. of Salem, appearing for the corporation, while Attorneys Fred W. Mulkey and E. C. Bronaugh addressed the committee on behalf of certain Front-street and South Portland property owners, who approved the Idea of permit tint; the company to enter the city by this route. Frank R. Chambers, of Bar stow & Chambers, consulting engineers for the road; A. Welch, its manager, and E. W. Hall, associated with Welch, were also on hand to lend moral support to the application. Chambers offering frequent suggestions relative to surveys. W. D. Fenton. resident chief counsel of the Southern Pacific, and F. I. Fuller, pres ident of th Portland Railway company, were interested spectators, the former taking an active part in the proceedings. The franchise sought by the Willamette Valley Traction Company Is merely the application of T. R. Sheridan in amended form, he having transferred whatever rights he possessed in the premises. Attorney John H. McNary called at tention to several clauses In the ap plication for a franchise, nnd said that while section 8 prescribed the comple tion of the road within two years from the dntc of the approval of the ordi nance, his company had arranged to complete sooner than that period, and he thought the road would be in opera tion within 12 months, unless some thing unforseen arose. He stated further that his attention had been called to a slight ambiguity in section 16. and asked that the word "Inclu sive" be stricken out whenever It ap plied to certain yearly payments un der the franchise, except after the 25th year. In regard to the size of the rail, Mr. McNary expressed the opinion that bis people would favor almost any weight or style required by the city, although otherwise it was the intention to equip with 70-pound T-rails. Would Make Forfeiture Clause. It having been intimated that the company was owned by the Southern Pacific, the attorney said that if the committees grant the franchise it will be done with the view that it is for a competitive line, and under the circum stances the Willamette Valley Trac tion Company was willing to have a clause inserted making the franchise forfeitable in case It is assigned to the Southern Pacific Councilman Shepherd thought that section IS ought to be amended so as to permit the city to acquire the road at any time instead of after the ex piration of live years, but Mr. McNary sai,d he was in no position to agree to this without consultation with his as sociates. Councilman Vaughn also favored the elimination of the 5 per cent interest clause from this section, carrying a provision that the city could acquire the property after five years for a sum equivalent to the actual cost of con struction, without the addition of any interest thereon, claiming that the company would have the profits of the road during that period, and that ought to be sufficient recompense for the in vestment. Attorney Charles A. Hardy appeared next for the Willamette Valley Trac tion Company, and represented that there was a strong sentiment through out the Willamette Valley in favor of his road. He called attention to the fact that the "Willamette Valley Im provement association, the delegates to which were elected by the Mayors, Judges of the County Courts and muni cipal organizations of nine counties, "oad passed resolutions at Albany fa voring the electric road, and that the people in the communities named were practically unanimous in favor of elec tric railway communication with Port land. Mr. Hardy referred also to the recent business men's excursion up the Valley, pointing out the sentiment of local speak ers on that occasion as strongly favor ing keeping in touch with the towns of the upper Valley, and described how this feeling was reciprocated by the latter. He stated further that the road would open up a large area of dormant country, and felt that the prosperity of Portland and the Willamette Valley was Identical. Fred W. Mulkey favored the construc tion of an electric road, as well as the granting of a franchise down Front street. He admitted that heretofore he had been opposed to the operation of steam car llncs within the congested portions of the city limits, but with electric roads it was different. Mr. Mulkey corroborated Mr. Hardy relative to the strong senti ment existing throughout the valley In favor of the road, and .set forth that an impression prevailed . there that Portland was ignoring their Interests, some radically-inclined citizens of the region' even being disposed to adopt retaliatory meas ures. Mr. Mulkey expressed himself as satisfied with the good faith of the com pany, and as a Front-street property owner he considered the granting of the franchise a good thing for Portland, as well as the Willamette Valley. E. C. Bronaugh appeared in behalf of South Portland property-ownors, and urged the granting of the franchise to the Willamette Valley Traction Company. Owing to the topography of the inter vening country, the deep gulches and pro jecting hills made the Front-street route the only one available. He claimed that the South Portland district possessed fea tures entitling it to be classed as an Ideal manufacturing site, a large area thereof being practically level, and without any overflow from the river. Mr. Bronaugh pointed out the wonder ful development Incident to the construc tion of the Estacada branch of the Ore gon Water Power road, and said that conditions would be different with respect to the proposed route of the Willamette Valley Traction Company, as the latter passed through a fertile and populous region, while the former had been carved through a wilderness. The streets of South Portland, said he. were all in first class shape, and transportation facilities was the only element lacking to clothe the community with the highest grade of prosperity. W. D. Ponton's Objections. W. D. Fcnton. chief resident counsel of the Southern Pacific, opposed the fran chises, he said, upon purely personal grounds, and not as the representative of his company. As a Front-street prop- HOTS SHARP TZXX JUJPRESSUT MAI OF THE WILLAMETTE RIVER erty-owner. lie objected to the surrender of the street for any such use. 'and made the announcement that he was authorized to sny that his company had concluded to withdraw from every effort to go down the water front. On account of the objection of property-owners, ho was un able to assure the committee of any rea sonable prospects of going along tho water front, and said he could only take the position of Front-street property owners, who were unqualifiedly opposed to granting these franchises. He also thought that If any franchise could be secured down Front street, it ought to go to the Southern Pacific, although Mr. Fenton did not advance many convincing arguments to sustain this view of the hituation. He said he realized thnt sub urban roads were bound to be built, and cited Los Angeles and other cities in sup port of his theories, and upon this hy pothesis claimed that he was not beforo the committee as an obstructionist. Some of the statements made by Mr. Fenton and others had the effect of bringing out a statement from Thomas McCusker. who was an interested lis tener to the proceedings, and whoso peti tion for a franchise over the same route is likewise before the Council. Thomus McCupkcrs Statement. "I was under the impression," said Mr. McCusker. "that inasmuch as I was forced to resign from the Harrlman sys tem by reason of my application for this franchise, and owing to the fact that a great many people have been laboring un der the impression that I was working in the Interest of that company that Mr. Fenton would have indorsed my applica tion, but it seems he does not look with as much favdr on mine as upon the other. "I predicted some time ago, and so told some of the Councllmen, that the Harrl man people would not build along the waterfront, and. in fact, never Intended to. and Mr. Fonton has confirmed that prediction. "His statement to the effect that the system which he represents is not an ob structionist is somewhat surprising in the light of recent events along the north hank. "Some months prior to Mr. Sheridan's application for a franchise, I went to the manufacturers in South Portland and re quested them to Join me In this enter prise, as they were xitally interested, but they told me that they had the matter up with Mr. O'Brien, of tho O. R. & N. Co., and were under promise to support him. but in the event that he did not build the line, then they said posltU'ely that they would support me, and I have no doubt that they are living up to that promise in supporting my opponents. "I agree perfectly with Mr. Bronaugh that something should be done to relieve the situation in that district, and no one knows better than I under what a handi cap the South Portland industries are la boring, as I have been in touch with the situation for IS years, and have frequent ly discussed such a franchise with the people in that neighborhood. "Mr. Fenton seems to be unable to say just what a handicap is placed on their shipping, so I will undertake to enlighten you. "To certain Minnesota territory, such as St. Paul and Minneapolis, the South Port land manufacturers are required to pay 7i cents a hundred pounds more than the manufacturers In the terminnl yards, which amounts to about S33 a car, which is prohibitive: consequently they cannot get into that market. Some of them tried to haul their lumber across the city and load in the terminal yards, but even this cost them about $20 a car; consequently thpy do not try to compete in that mar ket. "For the California trade, they are or were assessed 25 cents a ton over the Portland rate for the haul from Corvallis to Albany, so that they are restricted to certain territory, taking a higher rate, and as a great many of these industries are above deep water, they cannot use the river as an outlet. "In some cases there are special switch ing charges of $10 a car to Portland. "Mr. Fenton says he does not believe his company can afford to pay S3 or C a car for transporting competitive business down Front street. This appears strange, when It charges the Northern Pacific Company $10 to transport a car from tho west side of the river to a point on the east side. The charge for one block on Fourth street is $2.50. and for four blocks $3 a car. Now. as a matter of fact, they cannot haul the empty car 100 miles and the loaded car back for $5. "So far as I am concerned, I am satis fied that I can handle this business for $2.60 a car and will agree to do so. "What He Offers to Do. "Myself and associates asked for this franchise in good faith, and made all ar rangements for financing It. We had In contemplation a road to Salem, and if these other gentlemen do not build it, we shall, and may do so anyway. "A large packing plant was looking for a location, and I suggested that It pur chase 100 acres out of the city, and I would make the same switching charge as it would have to pay in the city. 'They said they would not go to tho Peninsula and be dominated by one road, &s they would be should they locate there. "We have stipulated In our petition the kind of soil to be used and the manner of laying it. which is better than any grooved rail, as it offers absolutely no ob struction to vehicles. "We have said that ho would pay a rea sonable per cent of the gross earnings to the city, which Is the next thing to mu nicipal ownership, and tho city can ac quire it at any time. "Wo do not want to hamper the Wil lamette Valley Traction Company, and, in fact, want to see the Valley developed, and believe If there were half a dozen lines Into the Valley It would benefit us all, but I believe it would -be to the In terest of tho city to have Its belt line owned by an independent corporation that would guarantee that the Northern Pa cific, Great Northern and all other lines could use it, and have an entry to the west side. These gentlemen could use it on such terms as the Council might stipu late. We do not want to operate below Madison street during the day, and only ask for a single track. We arc willing to agree to any fair business proposition that the Council may demand." Further consideration of the franchises was thereupon continued until next Friday. WHERE ARE THE FATHERS? Have the Younjr Girls of Portland No Male Protectors? PORTLAND. Jan. 2fi. To the Editor.) We hear of the diabolical onslaught upon young girls in Portland who are treachereuily be- CHANNEL. SHOWING LOCATION Ol' THE gullod Into places seemingly proper and fe, and there made drunk, brutally debauched, then in the dead hours of the night ejected from these places Into the mret. V.miJdlei with whlky and bedraggled with fin, to wander, a best they can, back to their dis honored home from whence they emerged only a few hours before pure and I'lnlnra. We are told f the heart-broken mothers who are agonized, and almoia frenrled over the blighting fate that ban overtaken their be loved daughter, but not a word do ire hear of the fathers. Are all thce most unfortunate young girls fatherless? Do the noble protectors of women, aa the world Is wont to call men. careful to select, a their prey, the young girl who i unprotected by a father, to es cape the retribution that an enraged father might visit upon them? Or are there no fathers any more who stand In defense of their daughter" virtue? Thore wa a time, we have been toM. when a man's home was his citadel, where his daughters rested In perfect security against the inroads of the base and vile, protected by a father's etrong arm- The battlement of his fortra were armed with something more than a mouthpiece. Powder and lead were In fashion In those days. The would-be destroyers of the inmates of the father's castle were sometimes ornament ed with a bullet in the head, a reward for herculean efforts to deMroy. A decoration not altogether unbecoming or undeserved by some in these days. but. alas! there seem to be no brave fathers to bestow. This smells of human blood, tomo whisper. When we catch the stench of moral rottennen that wells up from the pits of infamy Into which young girls are plunged, wc think human blood would smell no worse. MARY OSRORN DOUTHIT. Rcfrlgcrator-Car Service. Freight officials of tho Harnman lines announce the inauguration of a refrigerator-car service for tho preservation of fruits, vegetables and perishable freight in transit from Portland to local stations on the Southern Pacific and O. R. & N., to become effective at once. Cars will be forwarded from Portland for Huntington and intermediate points and Spokane and Intermediate points every five days. The servlco will accom modate perishable freight offered for transit at intermediate points, and will prove a decided benefit to fruit and vege table growers and meat dealers through- Ill, T 1 . . . ...... ..... ............ ; SECRET SESSIONS ADVOCATED BY SEVERAL MEMBERS OF PORT OF PORTLAND COMMISSION l - - - - . T , t t i I t i . , . , i , , . . '.. mm m . J ........ 5GULE DRAW Fl E That Design Is Favored by the Port of Portland for Rail way Structure. WILL INVESTIGATE METHOD Special Committee AV1I1 Go to Chi cago to Inspect the III ft Draws In Operation In That City and Report. A lift or bascule draw, instead of a swing draw, for the Swan Island bridge of the north-bank' road into Portland is wanted by .the river pilots and other ship- : 1 PROPOSED RAILROAD BRIDGE. plng men, in order to avoid placing a draw pier llko tho?e of the present river bridges In the channel of the stream. To ascertain the feasibility of the bascule type, the Port of Portland Commission yesterday resolved to send, as a special committee to Chicago and other ports wher It Is in use. Captain A. L. Pease, acting president of the commission; John Driscoll. member of the commission, and J. C B. Lockwood. engineer for the Port of Portland. The committee will start eastward to morrow morning, and will be gone two or three weeks. "Until Its return, the com mission will reach no decision as to whether the bridge should bo placed at Swan Island, or whether it should be S3 feet above low water, as proposed by the railroad, or t feet, as'suggested by W. B. Ayer. or whether a lift draw should be substituted for the swing draw Would Have Two Sections. The bascule draw would consist of two sections spanning the channel, and com ing together at its middle. Whcn ships were to pass through, each section would bo lifted up In the air and swung back on a hinge. In the tame way as the cellar doors In a sidewalk are opened. Kach section would be poised on its hingo by a counterbalance, and would be operated by electric or steam power. This type of draw does not need the piers that stand In tho center of the channel for the draw spans of tho present bridges across the "Willamette. The pier is an obstruction to the channel, and causes it to shoal. The objection to the bascule draw for the Swan Island bridge is that It would be too heavy and ponderous for operation, and that, should tho operating machinery get out of order, the draw could not be opened. If the span were to be 30) feet long tho width of the channel each sec tion of tho draw would be 150 feet In length, and when raised would be about as high In the air as the tallest building in Portland. The swing draw, ns proposed by the North Bank Road, would open gaps each 205 feet wide on each side of the draw pier. These openings would be sufficiently wide for navigation, but the pier In the middle of the channel might cause shoaling. The chnnnel has grown two or three feet shallow- QR THE BR DG t BaKingPowde. Afisojuteiy jure Makes the finest, lightest, best flavored biscuit, hot breads, cake and pastry. Royal Baking Powder is of highest quality, always pure, wholesome, uniform. The contents of each can are exactly like every other, and will retain their strength and freshness regardless of climate or season. Remember that Royal is a pure, cream of tartar ba king powder, absolutely free from alum or phosphatic acid. Alum and Alum-phosphate powdcts ate injurious Do Not Use Them er recently, as shown by the sound ings made by the pilots, and the Com missioners on their inspection last Thursday, when 22 feet was the depth where 25 feet had been dug out by the drodge. Ralph Modjcskl's Contention. Ralph Modjeskl. chief engineer of the bridge work for the railroad, main tains that the bascule bridge is Im practicable. In a report addressed to the Commission, he says: "The proposed bridge will carry a double track, and will be designed for the heaviest traffic: these two facts would make a lift bridge of 200-foot opening very unwieldy and unreliable. There are a number of bascule bridges In Chicago and other Eastern cities, and while as a rule they operate In a fairly satisfactory manner, the ma jority of them are highway bridges and of a much shorter span than here proposed. "While the writer does not deny that a lift bridge of 200-foot span, clear opening; Is feasible, yet there are two very Important factors on this river which should lead to the adop tion of a movable structure that could be absolutely relied upon to operate at all times. One is the large number of vessels going up and down the river and the Importance of the navi gation Interests, and the other Is the fact that at no time during the year can the machinery be dismantled and overhauled and proper repairs made. "If there were a time here In the Winter when navigation Is closed on account of cold weather and Ice. as is the case in the Middle nnd the Eastern States, there would be Ies3 objection to a bascule bridge, because the machin ery could be overhauled In that time. Here the bridge must be ready to op erate at all times. Insures Against Failure. From long experience we know just what can be done with a horizontally swinging draw span: it Is simple In construction. It can be supplied with a double set of machinery, each set be ing1 capable of working like either engine of a twin-propeller boat, and besides. It can be provided with a hand-operating1 mechanism. This is Ik all contemplated In the proposed de sign, so as to insure against any pos sible failure to operate. "The hand-operation of a swing draw is very easy, and Is beyond the stage of experiment. This Is not so with the various types of bascule bridges, where the machinery Is naturally more com plicated, where the wearing parts are more numerous, and where the hand operating: mechanism Is impracticable. Attempts have been made to provide a hand-operating mechanism in con nection with lift bridges, but in one case known to the writer it takes 30 minutes to open the span, although it is only a light highway bridge. To open a double-track railway bridge of 200 feet clear span by hand would cer tainly consume not less than an hour, nnd the writer very much doubts that It could be opened by hand at all In rainy weather." Mr. Modjeskl says that the pier of the swing draw would be only 40 feet wide not nearly so wide as those of some nt the bridges In Portland. "It will create no perceptible disturbance In current." he says, "as is demon strated by float-line measurements In the Columbia River at "Vancouver, near the existing; pier." PERS0NALMENTIQN. A. C. Sheldon, general agent of the Bur lington, will return today from a short business trip to the Sound. William McMurry. assistant general passenger agent of the O. R. & N.. will return today from California, where he went to conduct the business men's ex cursion. C. V. White and J. C. Mantor. two Scat tic advertising men. were in Portland yesterday on their way home from the session of the Pacific Coast Advertising Men's Association at Loy Angeles. They brought word that R. M. Hall, advertising manager of the O. R. & N.. had been elected vice-president of the Association for Oregon, while Mr. Mantor fills the tame position for Washington. CHICAGO. Jan. 26. (Special.) Follow ing Portland people registered at Chicago hotels: At the Auditorium W. B. Dennis and wife. E. F. Merritt. At the Grace G. B. Emmott. E. A. Mc Kee. W. McBride. Great Northern R. B. Hill and wife. NEW YORK. Jan. 2S. (Special.) Fol lowing Northwest people registered at New York hotels: From Portland F. W. Funk, at the Everett: F. A. Kribs, at the Imperial; J. A. Dougherty and wife, at the Holland. From Spokane J. W. Hoover, at the Imperial; C. A. Anderson, at the Everett. From Seattle H. Lrelghton. at the Wll cott; A. F. Bickford. at the Everett; Mrs. J. D. Thomas and Miss E. M. Thomas, at the Holland. Seek Damages for Being Hurt. The suit of Herman Metzger and Jose phine Metzger, his wife, against Dr. By ron E. Miller for $700 damages for In juries sustained because of a collision between a horse and buggy and an auto mobile on Washington street, near Twen tieth street, was tried by Judge George yesterday and was taken under advise ment. Mr. and Mrs. Metzger occupied the buggy and Dr. Miller was In the automo bile. Mr. and Mrs. Metzger testified that Dr. Miller ran into their rig. Injured the horse, broke the buggy, and caused Mrs. Metzger to, be thrown out on the ground. It was stated that her life was Imperiled and she sustained a severe nervous shock and her clothing was torn. Various witnesses were called. For the defense Dr. Miller testified that he was not to blame for the accident, and that the horse and buggy ran into his automo bile. J. R. Stoddard and S. a Spencer were the attorneys engaged In the case. Banquet on Lincoln Day. A big feast will be held February 12, at the Commercial Club, In commemoration of Lincoln's birthday, by the Portland Republican Club and the Young Men's Republican Club, at SI a nlate. Tnvim .tlons are going out to many Republicans In all napla re - - .1 . .1 committee, composed of John Gill, Ben Selling. Allan R. Joy. S. E. JosephI and C. U. Gantcnbeln. Other committees are: Arrangements F. E. Beach, C. W. Not tingham. R. A. Prestors. Programme Dr. O. P. S. Plummer, Charles E. Lockwood, H. C. Smith. Decorations Willis Fisher, C. U. Gan tenbein. Dr. Emmet Drake, George S. Shepherd. Wallace McCamant. Printing Charles E. Lockwood, S. C. Beach, George M. Orton. Flics Bankruptcy Petition. Roy G. Butler, of Portland, yestcrday filcd a petition in bankruptcy in the United States District Court, alleging that he had liabilities- amounting to H2S1.SO and assets to the amount of 533.53. He has' been engaged as a manufacturer's agent In the city for some time past and has also done business in New Mexico and elsewhere. r RESOLUTION PASSED BY CHAM BER OF COMMERCE. Urges Granting Front-Street Fran chise to the "Willamette Valley Electric Railway. Satisfied that the Willamette Valley Traction Company means business and that It Is not a promotion scheme, the Board of Trustees of the Chamber of Commerce yesterday morning adopted a resolution favoring the entrance of elec tric railways Into Portland by the way of Front street. A copy of the resolution was submitted to the City Council yester day afternoon. The Chamber of Com merce Is the second commercial organiza tion of Portland to take action on th Front-trcet matter, the Board of .Trade being on record as opposing the granting of any franchise on Front street except for an elevated roadway. Yesterday morning Mayor Frank Wa ters, of Salem, appeared before the board and urged some favorable expression from the body. He stated that the Willamette Valley Traction Company was a bona fide corporation and that It had sufficient money back of it to carry out the work as planned. He laid emphasis on the point that It was no promotion scheme, but a legitimate business proposition, which would be of great benefit to the cities of the Willamette Valley and Port land. Resolutions were read from the Al bany and Eugene Commercial Clubs and the Willamette Valley Development League. All urged favorable action towards the granting of the franchise to the Willamette Valley Traction Company. The resolution was then passed by the board of trustees without a dissenting vote. It reads: Resolved. That the trustees of the Port land Chamber of Commerce favor the en trance Into the city of electric railways con necting the Willamette Valley with the City of Portland. With such end in view, the truMtees favor the trrantlnjr of a franchise over Front street, south from Hoyt street, under such terms and conditions as will properly safeguard the Interests of property owners alonfr such street. We do not favor a franchise for more than a single track north of Madison street, or the operation of cars north of Madison street except at night, and recommend that any franchise granted shall require the grantee to switch the cars of any railroad over Front street at a maxi mum rate, both ways, of S3 per car. ROBBERY HIS LAST RESORT Son of ex-Attorney-General Garland Admits His Crime. CHICAGO, Jan.. 35. "Just a plain hard luck story, with no excuses to offer," was the way William Garland. 24 years of age. summed up hl3 own story after he had been arrested at State and Washington streets last night. Garland told the police he was the son of Augustus H. Garland, ex-United States Attorney-General. His actions had aroused the suspicion of two detectives and they found a piece of stone wrapped In a stocking concealed under his coat. He had been lingering near a large jew elry store for several hours. When taken to the central station he made the follow ing confession: "I simply was down and out, and I had hunted for work without success. Then I read In the papers of the easy way In which hold-up men had smashed jewelry store windows and got away with the. goods, and I decided that I would turn robber." The police found in his rooms several unfinished stories, which evidently he was preparing fdr a magazine, and a college diploma. The arrest of Garland was the first re sult of the work of a squadron of detec tives detailed to guard the Jewelry stores after the many recent robberies. Windows of two stores were smashed yesterday by men who escaped with Jewelry valued at J1000. Dismisses Salt Over Stable. Hogue & Wilbur, attorneys for William Jacobscn. a contractor, who sued Wells, Fargo & Co. to prevent the building and conduct of a stable at Seventeenth and Northrup streets, yesterday dismissed the proceeding: also a suit against City Aud itor Devlin and Thomas Mann, building Inspector, to prevent the issuance by them of a building permit to Wells, Fargo & Co. Jacobscn Is a property-owner in the neighborhood, and he Invoked a city ordi nance which provides that a stable to con tain over six horses shall not be main tained withdut the written consent of all owners of property within 200 feet of the stahle. Wells, Fargo & Co., through Snow Sz McCamant, attorneys, were pre pared to fight the constitutionality of the ordinance.