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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 25, 1906)
6 THE MORNING OREGOXIAN, WEIESDAY, JULY 25, 1906. T Plunges Into Surf Near Moclips to Save Drowning Girl. BRAVE STRUGGLE IN SEA Exhausted Swimmer Finally Brings Senseless Form Ashore, but Re fuses to Tell His Name to Excited Crowd. MONTESANO. Wash., July 24. (Spe cial.) At the risk of his life, Freeman Durdle saved little. May Hicks from drowning in the surf at Pacific, a Sumr mer resort, near Moclips, a few days since. Modest as he is grave, young Durdle declined to give him name to the crowd that swarmed around him, when, almost exhausted, he brought the senseless child ashore after a hard struggle with the undertow. The tide was running out In the even ing, but the balmy air tempted a num ber to bathe in the shallow water. .May liicka had ventured out until the water was nearly to her waist, when she was seized by the undertow and swiftly carried out to sea. Just at this critical moment Freeman Durdle, a youth of 19, sauntered along the beach. Durdle is in the employ of a contractor putting In a bridge over Joe Creek, and was returning from Moclips with the mail for the crew at work on the structure. - Durdle did not hesitate a minute, but, dropping his package of letters and papers, and seizing a three-foot "plank lying high up on the beach, he plunged Into the ea. ' ' It took but a few moments to reach the child, who had swallowed so much sea water that she was too exhausted to struggle. For a quarter of an hour the stripling breasted the adverse cur rent, and finally, when nearly breath less from his exertions, his feet struck bottom and he struggled ashore with his helpless burden. - " Attracted by the cries of the bathers, a crowd had gathered and watched the silent struggle on the surf. Congratu lations were showered on the hero, but to all requests for his name the youth replied that he had only done Ms duty, and did not see that he had performed any marvelous feat. When he arrived at the construction camp In his drenched clothes his fellow workers finally obtained enough facta from him to Identify Durdle as the hero of the rescue. NEGLIGEXCE MCST BE SHOWN Supreme Court Makes Ruling Re garding Logging in Streams. OLYMPIA, Wash., July 24. (Special.) The Supreme Court late this afternoon handed down a decision of Importance to logging Interests which Use streams or rivers within the state for carrying on their business. The case was that of W. H. Mitchell vs. the Lea .Lumber Company, from Thurston County Damages and injunction were asked for by plaintiff on account of the use by the defendant of the Deschutes River. A non suit was granted by the lower court and the case is reversed by the Supreme Court and trial ordered. The higher court rays the testimony may show that Mitch ell is entitled to relief, but that he is not entitled to an absolute injunction. A new principle is laid down by the Supreme Court in this case to the effect that in order to recover damages In such cases it must be shown by the plaintiff that the stream Is being negligently used, the court recognizing the fact that log ging companies are entitled to use streams within reasonable limitations. FEEDERS FOR CTJLDESAC LINES Labor Is in Great Demand In Iwis- ton Country. LEWISTON, Idaho, July 24. (Special.) An Evening Teller special from Ilo an nounces that the Northern Paciile made its first dctlnite move today in the con struction of branch lines as feeders to the Culdesac-Grangevllle extension of the Clearwater Short Line Railway. A crew of surveyors began this morning to run lines from the new town of Vollmer to Nei Perces. which will tap the rich Nes Perces Prairie. Another line Is to be extended to the timber belt of the Craig Mountains. So great Is the demand for labor here that when Foreman Ryan, of the bridge construction crew, attempted to renew work on the piers of the Clearwater bridge this morning, he was able to se cure but two men. Farther up the coun try the railway contractors and farmers bid against each other for workmen, the farmers evidently having the better of It, for the men are forsaking the construc tion camps for the harvest fields. CRUSHED BETWEEN CARS. Li. Ii. Walker Is Killed in Yards at Ashland. ASHLAND. 'Or.. July 24. (Special.) Lunsford L. Walker, employed as a night car inspector In the Southern Pacific Rail road yards at Ashland, was crushed to death while engaged at his work, at 1 o'clock this morning. With another in spector he was working on the drawhead of a freight car. without displaying end lights The locomotive of a freight train switching in the yards moved some cars on the same tracks, and they bumped into the car at which the men were employed, catching Walker, who was badly crushed and lived less than two hours after" the accident happend. - Walker was 40 years of age, and left a widow and three children. He was & member of the Woodmen of the World and was greatly respected. START FOR AMERICAN LARK First Battalion of Fourteenth In fantry Leaves Vancouver. VANCOUVER, Wash.. July 34. (Spe cial.) Th first departure of the troops for American Lake commenced this morn ing, the first battalion of the Fourteenth Infantry leaving, for that place. They marched as far as Haggards today. The battalion was accompanied by Captain Robert 1 Noble, assistant surgeon. Troop will follow In regular order from now on. Company B. of the Hospital Corps, consisting of 100 men. arrived at thl post this morning and will leave here soon for American Lake, they were com manded by Captain Albert EL Truby. Two batteries of field artillery are expected to arrive here from California some time this evening. PRIZEFIGHTERS MUST GET OUT Seattle Chief of Police Says Crooks Follow in Their Train. SEATTLE, July 24. Chief of Police Wappenstein gave instructions today that in the future prizefighters; their trainers MODES BOY anu hangers-on would not be permitted to remain in Seattle and continue their prizefight preparations. The Chief said he would enforce the state law, which makes It a misdemeanor for anyone to be con nected in any capacity with a prizefight. The minimum punishment is a ISO fine and 30 days in jail and the maximum $1000 fine and one year in JaiL The chief declares that the presence of prizefighters and their trainers in a city always draws a gang of crooks that give the police much trouble. All of them would be driven from Seattle immediately, the Chief said. IilXEMAX'S ARM IS CRUSHED E. J. Johnson Was Beating Way South From Portland. ALBANY. Or., July 24. (Special.) To fall from the roof of a moving passenger car and have his arm crushed to a pulp under the wheels was the fate of E. J. Johnson ,a telegraph lineman, In the Al bany train-yarda last night. When the midnight overland train arrived in town three linemen, who were beating their way from Portland to San Francisco, were riding on the "deck." While enter ing the town the fireman ordered the men from their perch, but as soon as the train started out of the yard they again began mounting the car. ' Johnson was climbing upon the baggage car when he lost his hold and fell under the wheels. Johnson said he had no relatives on the Coast. He and his companions, fearing a strike among the linemen of Portland, had started for San Francisco, where they knew there would be plenty of work. Johnson will recover soon, with the loss of an arm. CANAL IS TO BE BUILT COM SPRINGS PROJECT MUST WAIT FOR LABOK. Bid ' on the Government Irrigation Dam and Reservoir Has Been Rejected.. PENDLETON, Or., July 24. (Special.) Notwithstanding the fact that the bid on the Government dam and reservoir of the Cold Springs irrigation project was re jected, the work of constructing the canals and other features of the project will proceed, it is thought, at once. The Puget Sound Bridge & Dredging Company, of Seattle, which secured the contract for building 25 miles of main canals from the Umatilla River to the reservoir site, at a bid of $48,592, has al ready made partial arrangements for be ginning work on their contract. An agent of the company has been in Echo and Hermiston this week making purchases of hay, beef, vegetables and grain, and will soon establish headquarters preparatory to beginning actual work on the canals and ditches. . The work under this contract includes 700.000 cubic yards of earth excavation, 6000 cubic yards of rock excavation, 2300 cubic yards of concrete and 3600 cubic yards of riprap work In the inside of the canal at various places. The concrete will include the headgate, which will be a massive structure, for the diversion of water from the Umatilla River into the main canal leading to the reservoir. The Newport Land & Construction Com pany, of Echo, was the second lowest bidder on that part of the Government work, their bid being "(55.068.75. and If the Seattle company fails to build the canal the work will go to the Newport com pany, whose bid was next lowest. - The labor question is very puzzling and contractors are very doubtful about se curing men to complete the work. It is almost Impossible to secure any sort of a crew now, and it is thought that work will not progress very rapidly on the Government work until after harvest, al though it may be started now in accord ance with the terms of the bid. REFUSES SCHOOLHOUSE SITE Southern Pacific Declares Its Lands Are Not for Sale. SALEM. Or., July 24.-(Speclal.)-Gov-ernor Chamberlain is much incensed over the refusal of the Southern Pacific Com pany to sell a small piece of land near Drew, In Douglas County, for a school house site. In response to an appeal from the school district to him for assistance, he has advised the district to bring con demnation proceedings, and says that If necessary he will act as attorney for the district In the effort to secure the land. According to the story told to him by the directors of the district, the only de sirable location for a schoolhouse in that sparsely settled district is upon land owned by the railroad company.- The dis trict asked the company to sell enough land for a schoolhouse site, but after the request went from one officer to another It was finally turned down by Land Agent C. W. Eberlen, of Oakland. Cal., who says that the company cannot depart in this case from Its general rule, by which it has withdrawn all Its lands from sale. And that was what aroused the ire of the Governor. "After this railroad company has re ceived hundreds of thousands of acres of land from the Government," said Gov ernor Chamberlain, "If It cannot sell a few acres for a site for a schoolhouse in a distant school district, I think we can find some way to compel it to do so. The Legislature of 1905 passed an act author izing school districts to bring condemna tion proceedings to secure sites for school houses, and I have advised these people to proceed under that law. I have also called that act to the attention of the rail road people.' Appointed by the Governor. OLYMPIA, Wash.. July 24. (Spe cial.) The following appointments were announced today by Governor Mead: Dr. James R. Yocum, of Ta eoma, member of the State Board of Health for term ending December SO, 1910, succeeding himself, term ex pired. J. D. Cornett, of North Yakima, trus tee of the State Normal School at El lensburg for the term ending June 26, 1912. succeeding himself, term expired. Henry W. Collins, of Rockford, trus tee of the Scate Normal School at Che ney for the term ending July 29, 1912, succeeding himself, term expired. Melanchon Walters, Walla Walla, and Rev. A. H. Hause, Puyallup, dele gates to trans-Mississippi commercial congress at Kansas City, November 20. L D. Williams, Ilwaco, member of the Board of Pilot Commissioners for the Columbia River and bar, for the term ending the third Monday In" Feb ruary, 190S, succeeding himself, term expired. L. L. Tallman. Walla Walla, mem ber of the State Board of Pharmacy for the term ending June 5. 1911, suc ceeding himself, term expired. D. S. Yarwood, Mohler, Joel Shoe maker, Seattle, and John F. Green, Harrington, delegates to the National irrigation congress in Boise, Idaho, September" 3 to 8. Few Democrats at Convention. LEWISTON. Idaho, July 24. (Special.) Less than 50 Democrats, representing the 37 precincts of Nes Perces County, were in attendance at the county convention today, which selected 27 delegates to the State Democratic Convention, which con venes in Coeur d'Aleoe City Monday, Au gust (. TRACK IN BAD SHAPE Rotten Ties Picked Out Near Diamond Lake. NONE OF DEAD RECOVERED Passenger on Great Northern Flyer Says Train Was Rnn at Great -Speed Through Tunnel to Sharp Curve. SPOKANE, Wash., July 24. When the Spokesman-Review correspondent left the scene of the disastrous Great Northern wreck, SO miles from Spo kane, none of the bodies burled in Diamond Lake had been recovers!. Efforts with a steam derrick to raise the submerged locomotive and cars were unsuccessful. The known dead BELIEVED TO HAVE BEEN Lieutenant Floyd Williams. been a small one. Lieutenant Williams left here last February, and was a fellow-passenger on the transport for . Manila with Lieutenant Wors wick, who was killed. ' Floyd Williams was known throughout Oregon and the Northwest as one of the most prominent athletes ever registered at the Oregon Agricultural College. While attending that institution he took ah active part in all branches of athletics. For several years he played halfback on the football teams which represented the state college against the various colleges of Oregon and Washington and against the Multnomah Athletic Club. Perhaps Floyd Williams was best known in Oregon, however, as a track athlete. His performances in this line were among the most remarkable ever witnessed in the state. His specialty was the quarter-mile run, al though he also ran the sprints and participated ln other events. number six, but many in the vicinity of the wreck believe that the num ber will be increased to 12 or 16. The track all along there is in bad condition. In repairing the track the workmen took out a large number of rotten ties, some of which could be picked to pieces with the hand. The trainmen say the bad condition of the track had long been known and sur prise Is expressed that the acident did not occur sooner. The opinion is general thai the acci dent resulted from the spreading rails. The track has been repaired at the wreck and trains are moving as usual. W. S. Ninneman, a contractor for construction work on the O. R. & N. line, broke through a window to es cape from the burning and half-sub- PIONEER RESIDENT OF HOOD RIVER. The Late Louts 8. Bhoaries. HOOD RIVER. Or., July 24. (Spe cial.) Louis S. Rhoades, who died July 12, was born In Philadelphia Sep tember 12. 1S33. He came to St. Paul. Minn.. In 1858, to California in 1874, to Portland In 1877, securing his farm In Bood River, Or., in 1879. Ha spent 40 years of his life in the serv ice of the railway in the brldse con struction department. Most of the bridges from Portland to Black Foot, Mont, were built under his super vision. Impaired health led him to locate on his farm. His children were by his first marriage. "His daughters, Mr a. Eva Ackerman and Miss Ai bertle Blair, reside In British Colum bia. His only son. O. H. Rhoades, re sides In Hood River. In 1888 Mr. Rhoades was married to Mrs. S. Rob ertson, who survives him. merged smoker. Mr. Ninneman said: "We were coming at a fearful speed through the tunnel, and we passen gers were all wondering if the engi neer had lost his- senses, driving at that rate of speed with a sharp curve ahead. I think we surely must have been going 40 miles an hour." An Idea of the depth of Diamond Lake at the point of the disaster may be gained by the experience of W. M. McFadden and Charles Crawl, who ac companied the relief train. Speaking of their experiences, McFadden said: When we arrived there we secured a rowboat and an oarsman. Then we tied a rope around our bodies reaching 20 feet over each side of the boat. We each went over one side with instruc tions to locate the engine. We were let down the full length of the rope and groped around in thac depth for It, but I could not touch the top. We could not find it and there is no tell ing how deep it must have sunk below the surface. We were told to hunt for the engineer and fireman, but not be ting able to get down deep enough to siiifl locate the engine, we were unable to get the bodies." GREAT NORTHERN'S EXTENSION Will, Develop Country Between Ta coma and Portland. TACOMA, Wash, July 24. (Special.) The Tacoma-Portland line of the Port land & Seattle Railway Is being built as an extension of the Great Northern. All the district from Taeoma south Is to be honeycombed by electric branches and railways of the Hill system. The branch from Chehalis into the Big Bottom coun try is to be built at once, and the South Bend branch is to be electrified. A road will be built in any direction and to any section that will at all assist in the de velopment of the country between Taeoma and Portland. These are the statements made in an interview given at Chehalis today by George Dysart, counsel and rtght-of-evay agent for the Portland & Seattle. Mr. Dysart has applied to the City Council of Chehalis for a franchise for the Portland & Seattle. The line crosses that city par allel with the present line of the Northern Pacific. He is still buying rights of way In the city limits of Centralis and Che halis. NORTH BANK UP SNAKE , RIVER Contractor Says Road Will Be Ex tended Nearly to Butte. TACOMA, Wash.. July 24. (Special.) A KILLED BY PULA JANES CORVALLIS, Or., July 24. (Spe cial.) It is believed here that the Lieutenant Williams referred to In a diBpatch in yesterday's Orego nlan, announcing the defeat of a detachment of Philippine constabu lary and the killing of Lieutenant Worswick, of Kansas, and 13 pri vates, is Lieutenant Floyd Wil liams, formerly a well-known Ore gon Agricultural College student and athlete. According to the dis patch. Lieutenant Williams was in command of the detachment which was attacked and defeated by 600 hostile natives on the island of Leyte. ' ' ' ' Relatives of his at Independence also believe the officer in command to have been Lieutenant Floyd Williams. Latest letters from him were to the effect that- ha was to ' leave Manila for the field July 1. He was then expecting promotion, which makes it likely that he might have been the commanding officer of the detail, which appears to have well-known contractor, who is at present employed on .the north-bank road along the. Columbia River, was in Taeoma to day, and. in speaking of the' company's work, . saia it was generally understood among engineers and contractors that the line is to be extended east from the junc tion of the Columbia and Snake Rivers up the Snake . River and almost in a straight line on as far as Butte. This, he says, will cut down the distance between Butte and the Puget Sound several hun dred miles and will make a much easier grade than the old line, which runs in a bow up around and through Spokane. The contractor says the company has made many surveys for the line as sug gested, as well as for a line from a junc tion of the Snake and Columbia up the Snake, and from it up to Spokane. These later surveys, he says, provide for an ex cessive grade. He says the overhead crossings proposed there would be an al most Impossible proposition and would be very expensive, while, if the line were built straight east, they would be un necessary and many miles would be saved besides securing the easier grade. Contractors generally figure that they have three or four years of steady work before them with the Great Northern and Northern Pacific. FIGHT FOR KLAMATH LANDS Weyerhaeuser Syndicate Tries to Buy Hoquiam Peoples' Claims. HOQUIAM, Wash., July 24. (Special.) There was a clash in this city today be tween Mr. Peat, representative for the Weyerhaeuser timber syndicate, and Johrt jticnaroson, representing the Winton Lumber Company, of Wausau, Wis. The trouble arose over the efforts of the for mer company to purchase some 75 val uable timber claims owned by Hoquiam people in Klamath County, Oregon. Richardson held an option on the claims for $3000 each, and his option expired. The Weyerhaeusers could not do business with him, so they hunted up the owners and made them an offer for the purpose of se curing an option for 30 days. Richardson summoned the people and formed a com bine and raised the price on their claims. All efforts to purchase proved futile by the Weyerhaeuser syndicate, but it was given out that L. Miller sold tonight to the Winton Lumber company a claim for 13500, and others have been given out as sold. The reason the option was not given was the owners were afraid the good claims would be picked out and the poorer ones left to be purchased at any price. Berkeley Police Threaten Strike. BERKELEY, CaX, July 24. The police force of Berkeley, with the exception of Chief August Vollmer's office force, gave notice last evening that unless the pay of each officer is Increased at once the town will be left without police protection. Eight veteran officers presented their ul timatum to the Town Trustees. Chief Vollmer was their spokesman. His sympathies-are all with the men, who filed their written resignations with the Chief yesterday, and these resignations were in the Chief's pocket when he explained the situation to the Town Trustees. These policemen get 170 a month for 12 hours' work. The board postponed action on the request Deaf Mute Boy Drowned. MARTINEZ. Cal., July 24. Harry Issiet, the son of John Issiet, a wealthy rancher, of Martinez, was drowned while bathing in the river at Knightson. This is the third son of John Issiet who has been drowned in the waters of the bay near here. All the sons were deaf mutes and when in danger while bathing ffad no means of attracting the attention of those who might have saved them. Reward Offered for Assassin. OLYMPIA. Wash., July 24. (Spe cial. ) Governor Mead today offered a reward of J500 for the apprehension and conviction of the man who waylaid and killed Jack Demish, . in Stevens County, June 13 last. The officials of Stevens County have advised the Gov ernor that a reward may lead to the apprehension of the assassin. NEW PLAN OF RELIEF Pollock Urges That Issuance of Clothing Cease. ' EACH REFUGEE 70 GET $10 Almshouse to Be Erected for Per manent Charges and Clothing - Factory to Give Employment to San Franciscans. SAN FRANCISCO. July 24. After an ex tensive investigation of the manner in which relief is being dispensed to refu gees in this city, Allan Pollock, of the Relief and Red Cross Funds Association, has made recommendations for some changes in the method of caring for the homeless. He urged the Issuance of clothing be immediately stopped and that 3100,000 be appropriated for the purpose of permitting orders to be made on retail stores for, clothing. Mr. Pollock would . have $10 given to each refugee, for the purpose of assisting them to take the first step toward becom ing self-supporting. He strongly advises the immediate' abolishment of the soup kitchens. Other features of the scheme outlined by Mr. Pollock are that $500,000 be distribu ted among charitable institutions tor re lief work; the immediate completion, at a cost of 1100,000, of an almshouse for refugees who will be permanent charges; the building of a clothing factory at a cost of 3100,000, where employment will be given to former San Francisco citizens. The total cost of Mr. Pollock's plan la 31,700,000. PHOENIX ROYAL REPUDIATES Vienna Company Claims Exemption Under Earthquake Clause. SAN FRANCISCO, July 24. The -Phoe-nix Royal Insurance Company, of Vienna, which carried about 32,500,100 Insurance in this city, has decided not to pay any loss growing out of the conflagration of last April. The company's policies carried an earthquake clause. The following official notice was issued by the delegates sent from the home office and the adjuster: To the claimants of the Austrian Phoenix Royal Imperial Privileged Insurance Company, of Vienna. Austria We wish to convey to you the instructions received from the home office of this company at Vienna, Austria, vis: That all claims which have been filed against this company by reason of the earthquake which occurred on the morning of April 18, 1906, are invalid, as all policies of this com pany became null and void by said earth quake, as the same was wholly responsible for the conflagration that followed. WILLIAM KELDAY, Adjuster. W. WITT, Delegate. FREIGHTHAKDLERS ON STRIKE Tie-Up at Bay City Is Assuming Alarming Proportions. SAN FRANCISCO, July 24. Between 400. and 500 freighthandlers in the em ploy of the Southern Pacific struck to day. Their action further complicates the freight tie-up In Oakland. " The freighthandlers demand an Increase in pay of from 22 Vi cents to 25 cents an hour, such as was granted tne ireignt handlers on this side of the bay over a week ago. Every hour adds to the serious na ture of the freight tie-up, which threat ens to become a situation of the gravest peril to the city. In spite of the fact that all shipments of lumber have been forbidden from the north to this city. about 430 cars of freight were added to the congestion today, and increased the confusion that already exists. A conference was held by the lead ing officials of the Southern Pacific to day, and E. E. Calvin, E. W. Luce and other officials devoted their time and energy to solving the problem. Julius Kruttschnitt, who has come to the city to give his attention to the meeting, has left the details to the local officials, after warning of the grave situation that confronts the city, and urging them to take drastic measures. As a result of this conference, the of ficials of the Southern Pacific decided to do missionary work among the con signees, and show them the extremity in which the city and the state are placed on account of the lack of cars, and appeal to them to do their part and help clear the crowded tradics. If this method Is unsuccessful, and the consignees are still unwilling to unload their freight, other methods will be tried to force them to take care of the goods they have ordered. As soon as the ashes of the fire had cooled, large orders for all kinds of goods were sent East, and the goods were rushed out with the greatest pos sible speed. These goods arrived in the city, but the merchants found that, instead of being provided with ample accommodations, they had a hard time to get any. The result was that the freight stood on the sidings waiting to be unloaded, and the consignees had no place to put it. -Milwaukee Company Withdraws. SAN FRANCISCO, July 24. The Mil waukee . Mechanics' Insurance Company, of Milwaukee, Wis., has withdrawn from the State of California, and given notice to all of its agents to cease writing busi ness here. . The company's loss in the fire which it intends to pay amounted to $1,436,018.97. Its total assets are $2,397,070.34. The com pany has left a net surplus, after the de duction of its losses here, of $327,915.68. PATENT CONVEYS TITLE WARNER VALLEY . COMPANY WINS IN STJPRE3IE COTTRT. It Is Also Held That Deed Is Not Involved Through Conveying: - a More Than Section. SALEM, Or., July 24. (Special.) The Oregon Supreme Court handed down de cisions today as- follows: Warner Valley Stock Company, respondent, vs. J. L. Morrow, appellant, from Lake County, H. L. Benson ' Judge; affirmed; opinion by Justice Hailey. . The stock company brought suit to re cover possession of property to which It claims title by virtue of purchase from the state under the swamp-land laws. Morrow claimed right of possession as ad ministrator of the estate of J. W. Mor row, who took the land as a timber claim. In the course of its opinion, the Supreme Court holds that the issuance of the pat ent from the Government to the state was sufficient to convey title, though the patent had not been delivered; that a deed from the state to the company was not invalid because it conveyed more than 320 acres of land; that it was not permissible to introduce evidence to show that the land was not swamp-land, for when patent his been issued it will be presumed that all the prerequisites have been complied with and the title conveyed is impregnable to collateral attack; and. finally, that Morrow could not hold pos session of a claim upon which final proof had not been made by the deceased, and. therefore, he is in no position to question plaintiff's title. State of Oregon, respondent, vs. .Herman Frost, appellant, from Grant County, Robert Eakln, Judge, affirmed; opinion by Chief Justice Bean. Defendant was found guilty and fined $50 on a charge of contempt of court In violating a decree which enjoined him from interfering with the flow of water in Squaw Creek in such a manner as to prevent SO inches of water reaching the Irrigating ditch of Bascom Glaze. The Supreme Court reviews the evidence and approves the Judgment of conviction of contempt. A. P. Brown, mnnellsnt. va Gold Coin Min ing Company, respondent, from Baker Coun ty. Samuel white. Judge, reversed; opinion by Justice Moore. This was a suit to enjoin the pollution of the waters of a stream by throwing therein the waste materials from a quarts mill. The lower court found for the de fendant, but the Supreme Court holds that the defendant Is interfering with the riparian rights of the plaintiff and enjoins the continuation of the act complained of. Sarah C. Jennings, respondent, va Oregon Land & Water Company, appellant, from Morrow County, w. R. Bills. Judge, af firmed; opinion by Chief Justice Bean. This was an action to recover $8000 dam ages for the breach of a contract for the sale of real estate at Irrigon. The com pany had contracted jto convey to Mrs. Jennings certain real property if she would erect and conduct a hotel thereon, according to certain specifications, which she did, but conveyance was refused. This suit resulted In a verdict in her favor for $3200 and on appeal the judgment is affirmed. Laft of the Marquam Suit. SALEM, Or., July 24. (Special.) The Supreme Court today denied a motion by the plaintiff in the case of P. A. Marquam against the Title Guarantee & Trust Com pany asalng that the case be remanded for retrial or for dismissal. This is prob ably the-last formal act in the disposition of this case. WAR ON THE BILLBOARDS TACOMANS WIMj BOYCOTT THE ADVERTISERS. Proposal Made to Tax Property Thus Used Same as Im proved. TACOMA, July 24. (Special.) The scen ery destroyer has for a long time been & great bugbear to the North-enders, and last night a resolution was adopted by the North End Improvement Club, pledg ing its members to buy no article adver tised on billboards and to patronize no firm that uses billboards. Copies of the reso lution will be Bent to other Taeoma im provement clubs and to the American Civic Association. If. this association takes the subject up, as it is expected, the Taeoma idea is likely soon to become a National movement. The movement is likely to be followed by another that will bring results quickly. It is proposed to tax property on which billboards stand as improved Instead of unimproved property. The increase will be enough to take most of the profit out of vacant lot leases to the billboard con cerns. The County Assessor today raised the valuation of one bill-posting company from $700 to $2480. BODY TORN BY CALF'S HORN Young Woman Gives Birth to Child and Dies. SALEM. Or., July 24. (Special.) Mrs. Wlllard English, 23 years old, wife of a young farmer at Macleay, eight miles east of Salem, was soon expecting a vis itation of the stork. This afternoon while standing in t"ie road in front of her resi dence she was attacked by a 2-year-old heifer. The animal's horn tore a terrible gash. A healthy female child was born; but the woman died within a half-hour. DEAD OF THE NORTHWEST. 8. A. Matoney. PENDLETON, Or., July 24. (Special.) S. A. Maloney, a pioneer of Umatilla County, aged 76 years, and father of J. W. Maloney, cashier ot the Savings Bank, died at 11 o'clock this morning at the home of his son on South Main street. Death was caused by heart trouble. Parole Granted Fred Hoyt. OLYMPIA, Wash., July 24. (Spe cial.) Governor Mead today granted a parole to Fred Hoyt, who was sen tenced in Chehalis County December 22, 1903, to six years for assault to rob. Hoyt was convicted with Charles E. Clark for the offense. You can't help liking them, they are so very small and their action so per fect. Only one pill a dose. Carter's Lit tle Liver Pills. Try them. Demand for Clean Food One American Product Everybody Knows Is Fnre and Clean. Clean food to eat and drink is as desir able as pure food. Unclean food can never be healthful neither enjoyable. Nothing can so quickly steal away one's appetite or destroy the enjoyment of a pleasure be it eating or drinking as the mere thought, perhaps it is not clean. In these days of much agitation as to clean and unclean food we are often at a loss what to eat and drink. There Is a sense of distrust of what is set before us. "Is it clean?" That is the question we ask ourselves and its very asking turns us away. It is the method of "handling" in the manufacture of a food product that makes it clean or not clean. Pabst beer Is not "handled." It is manufactured from the purest materials by the most scrupulously clean machinery by the exclusive Pabst method of brewing, which is most exact ing in its cleanliness. Pabst beer is a clean, wholesome food and the Pabst brewery is a model of cleanliness. No other food factory in the world can show such 'a record of clean ness in the process of manufacture as the mammoth Pabst brewery, where the fa mous Pabst Blue Ribbon Beer Is made and bottled. From brew to bottle or keg Pabst beer is never touched by human hands: It never enters tube, pipe or stor age tank that has not been perfectly ster ilized beforehand, and. In fact, in its en tire process of manufacture it never comes in contact with anything but sterilized utensils and pure filtered air. When you pour out a glass of Pabst Blue Ribbon Beer you know you have a food that Is clean and pure and whole some. You will not distrust It- You will not ask "Is It clean f" CHARLES KOHN CO., 60-62 Third St. Phone Main 460. Pabst Blue Ribbon Beer Order a cue for your home today. FORGED OUT Terrible Calamity That lias Befallen a Large Clothing House. Charles A. White. Omaha's largest clothier, with an established reputa tion of over 20 years for carrying o-iy the highest grades of men's, boys' and children's Clothing, Shoes and Fur nishings, was forced from his build ing, which was leased over his head without previous notice, just at the time when his Indebtedness for this season's goods was due. Not being able to find another loca tion in Omaha adequate to dispose of his large stock at this unfortunate time, he was compelled to move tho stock where he could realise on it quickly to save his good name, and cnose Portland as the best place, freight rates being cheaper than to points in the interior. This immense stock of 1108.000 worth of men's, boys' and children's Clothing, bhoes. Furnishings, etc.. has been moved into the largo storeroom, . 34 North Third street, corner of Couch, Portland, Oregon, where this magnifi cent stock will be Bold out at retail for 33 1 Per Cent Less Than 3 Manufacturers' Cost FOR NINE DAYS ONLY. SALE BEGINS THURSDAY, JULY 26, AT 8 A. M. AND CLOSES SATURDAY NIGHT, AUGUST 4, AT 11 O'CLOCK. This is a tremendous sacrifice, as we were considered very close buyers by the trade. You cannot appreciate what a great reduction this is until you see ' the goods andprlces. Do Not Mlas This Rare Opportnnlty Of getting the biggest bargains In Clothing, Furnishings, etc., ever of fered to the people of Portland, as you may never be able to get a chance like this again. Below we quote a few prices, to show what tremendous sac rifices we are making. Just remember that all goods priced In this advertise ment can be brought back any time during the sale: A fine Suit of men's clothes, all to match $2.98 This suit is positively worth 112.60 or your money refunded at any time dur ing the sale. Men's fine Suits and Overcoats, in chev iots and Scotch plaids $4.98 (Worth $15.00 or your money refund ed at any time during the sale If you are not satisfied.) Men's splendid Suits and Overcoats, in velour finish casslmeres. all sizes $5.83 (Positively worth $18.00 or your money back.) Silk and satin-lined Dress Suits and Overcoats, in plain checks and striped colorings $7.98 (They are positively worth $22.30.) Men's extra fine Dress Suits and Over coats In all the latest styles and shades, heavy silk and satin lined, equal to the finest $40.00 tailor made- to-order garments for $12.00 (Don't fail to ask to see these gar ments.) Men's finest Waterproof Overcoats (maker's gurantee ticket on every coat), worth $20 to $35 9.94 (Don't fatl to see them.) Men's fine Dress Pants 98c (Worth $3.50 or your money re funded.) Men's fine Trousers for Sunday wear. In worsteds and fancy stripes, at. ..$2.39 i (Positively worth $5, $8 and $7 or money refunded.) Boys' Suits and Overcoats, ...... .$1.98 (Worth $4.50.) Boys' finest Suits and Overcoats, worth $5. $6 and $7 $2.49 (Thousands of Children's Suits to choose from.) 1000 pairs Boys' Knee Pants, worth $1.0) 15o Men's best quality Unlaundered Shirts, worth $1.00 42c Fine Dress Shirts, worth $1.60 19c Men's fine Silk-Embroidered Suspenders, . worth 75c 6 12c Good heavy Socks, worth 25c 3c Over 600) Neckties, In all shades, worth from 60c to $1 14c Men's Handkerchiefs, worth 25c... 8c Men's and boys' Caps, worth 35c... .15c Men's Blue Flannel Shirts, worth $2.50 78c Men's Overalls, all sizes 39o Black and Tan Hose, worth 25c... 6c Towels, worth 15c 4c Odd Coats and Odd Vests at your own prices; 3000 other articles too nu merous to mention. MEN'S FINE UNDERWEAR AT LESS THAN HALF THE COST OF PRODUCTION. SHORES. Men's velour calf, worth $2.5, at tl.M Men's fine vlcl, kangaroo and box calf, worth $4, at $2.48 Men's cordovan and kangaroo welts, worth $4.50, at $2-61 Men's finest welts in vlcl and willow calf, regular $5 Shoes, at $3.39 Men's finest patent leather, all sizes, regular $3.50 '.; ...$2.23 Boys' and youth's kangaroo calf, worth $2.50, at $1.20 Little Gents' Nobby Shoe, worth $2.00, at -. 98c These are all up-to-date goods. Do not confound this with so-called sales. Men's Hats, stiff and soft, worth up to $5.00, your choice 15c Men's Beautiful Silk Sox, worth up to $1.50 pair, your choice 21c Large-size Quilts, worth $2,00, about 500; you take any one of them for 78c Men's black Satin Working Shirts, ' worth $1.00 each; forced out price 39c Silk Handkerchiefs 7c 6000 Boys' Sweaters; they are worth up to $2.50; your choice.... 49c This Is a Legitimate Sale. We must raise the money necessary to satisfy our creditors' claims. Posi tively no goods sold Until Thursday, 8 A. M. SALE POSITIVELY CLOSES SATUR DAY NIGHT. AUGUST 4. DO NOT BE MISLED 84 North Third Street, Corner Couch, Large Yellow Sign. Mall orders carefully filled. Railroad fare paid on all purchases of $25.00 or over. Every Woman iBtervnea na noaia mow About the wonderful MARVEL Whirling Spray The new Vatl Byrtw. Jnteo. Hon and Suction. Het Ha Mt-Moit ConreDlnt. It 111 IkflaBUJ idTmdmitiltortt. If be cannot aapply tho other, but Mnd suluid fee llliistrmted book inW rt girt foil imrttculara and Ur tefiona tn- aluable to Udle. Mi KVK1. rO.. 4 B S84 ST., MX MT l ORM. Woodard, Clarke ft Co., Portland, Oregon, fi. Q. kldmore ft Co- 151 3d. Portland, . , lb.. '-h-riTTT-