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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 11, 1906)
THE MORNING OREGONIAN, SATURDAY,. AUGUST 11, 1906. 9 MAYOR TACKLES OLD PROBLEM Juestion That Puzzled Tax Commission May Be Solved in a New Way. WOULD HAVE STATEMENTS Lane Believes That Franchise-Holding Corporations May Be Com pelled to Make Public Their Affairs Quarterly. Mayor Lane took the first step yesterday toward obtaining a complete statement of the finances of the public-service corpo rations of Portland, thus taking up In a different way a matter which was tackled last year with only partial success by the State Tax Commission. The commission endeavored to obtain the books of all public-service corporations, without re gard to whether they held franchises In Portland. The Mayor Is after the fran chise corporations with the intention of compelling them to submit quarterly . re ports, under section 99 of the charter. The charter expfessly provides that com panies granted franchises after its adop tion shall submit full reports to the city. A question has always existed, however, as to whether this could be mada to apply to the corporations which received their franchises before the adoption of the char ter. The general opinion has been that they could not be reached, but the Mayor believes they can, and has so expressed himself in a communication to Auditor Devlin. When the State Tax Commission took the matter up last June, it obtained full statements from the railway, express, telegraph and other companies, but suc ceeded in getting a statement covering only one year from the franchised com panies of Portland. Cnatile to Get at Books. When the matter was first brought be fore the officials of the Portland Railway Company the commission could obtain very little data, according to the state ment of C. B. Altchison, secretary of the commission. The commission desired to look over the books of the company for five years past, but this was denied them. For a time it could not even be ascer tained where the books were, and when they were finally found the commission was refused access to them. The commission considered the advisa bility of compelling the company to pro duce them, but it was feared the com mission had not sufficient power, being simply an investigating body.- For this reason it was recommended in the report of the Commissioners that a permanent commission be created, with the power of assessing all companies Operating in more than one county, and the further power to compel all companies to furnish de tailed statements of their affairs. After lengthy negotiations with various local companies, the commission received a sworn statement covering one year of the affairs of the Portland Railway Company, Oregon Water Power & Railway Com pany and the Portland General Electric Company. This was made as a. compro mise, but was a complete' statement of the affairs for the fiscal year. The Com missioners, however desired a more lengthy review of their affairs, and there fore .made the recommendation that a permanent commission be created. Addresses Auditor Devlin. Mayor Lane Is now taking up the mat ter of compelling public-service corpora tions to submit quarterly reports of all their receipts and expenditures, together with statements of all assets and debts and other Information relative to profits derived from the franchises. He yester day asked the co-operation of City Auditor Devlin to accomplish this end by address ing a written communication to the Audi tor calling attention to section 99 of the city charter, which requires a quarterly report from the holders of franchises. Auditor Devlin does not believe that the corporations can be made to furnish a re port of what they make out of the fran chises they hold, and within a few days will answer Mayor Lane's letter. Most of the franchises of the public-service corpo rations were granted before the enact ment of the charter, and for this reason he does not think that the companies are responsible. Mayor Lane, however, is of a different opinion, and is determined to ascertain whether or not It can be done. The Council. City Attorney McNary and Auditor Devlin have considered the mat ter at various times, and decided that they could do nothing except where fran chises have been granted since the adop tion of the charter. There are those who take an opposite view and contend that there is nothing in the provisions of sec tion 99 which is not consistent with the franchises and that they in no way con flict. The only corporations affected by the charter provision from the viewpoint of Auditor Devlin are the Home Telephone Company and the People's Market Associ ation. He has been in correspondence with the Home Telephone Corn.pany for the past few months, but the officials of that company state that they do not be lieve that they have to divulge their books until their plant is in operation. He Is not quite sure that the People's Market Association can be made to submit re ports, as it occupies Vie Union Market block by means of a franchise which is more in the nature of a lease. Cites the Charter. Section 99 of the city charter, which is referred to In the Mayor's communication, provides that every grantee or holder of a franchise from the city shall make stated quarterly reports la writing to the Auditor, which shall contain a statement of all receipts and all expenditures, to gether with a full statement of assets and dobts, as well as other information as to the costs and profits. It also provides that the reports shall become public rec ords, and that every failure or neglect on the part of the grantee or holder of a franchise to furnish complete reports shall authorize the city to declare a forfeiture of such franchise and shall also be judged a misdemeanor. The Mayor's Letter. Mayor Lane's communication to Auditor Devlin is as follows: "Section 99 or the charter of the City of Portland provides that every grantee or holder of a franchise from the city ren dering service to be paid for wholly or in part by the users of such service shall keep full and correct books of account make stated quarterly reports in writing to the Auditor, further requiring such re ports to contain an accurate statement in summarized form and in detail of receipts and expenditures, and a statement of as sets and debts, and such other informa tion as the Auditor may require. "From an examination of this section I am of opinion that these requirements apply as well to holders of franchises granted before the enactment of the char ter as to those after, and beg to suggest therefore, that you will have the hearty co-operation of the executive branch of the city government in securing from the holders of all franchises now operating In the city detailed statements in such form as may fully exhibit the facts which the public has an interest in knowing. "Kindly advise me of such steps as you take in the matter, and call upon me freely for any assistance I can render." OPPOSED BY ARCHITECTS. Limiting of Height of Buildings Is Strongly Objected To. Portland architects by no means favor the proposed ordinance limiting the height of all structures except those of steel frame. . "From an esthetic standpoint," said E. Kroner last evening, "the skyscraper is not the thing, but I do not think it wise, from a practical standpoint, to limit the height of buildings on the valuable down-town property. "Before any branch of government, municipal or otherwise, interferes with a citizen's private rights, it ought to be sure that what he is doing menaces the public good or infringes on the rights of others' and such buildings . as those now being erected or contemplated do not menace the public in any way. A building can be built 20 stories high with perfect safety, and those who desire such buildings should be permitted to erect them. "Such buildings as have been erected in this city have given no cause for in terference with the height of structures and those who are agitating the matter are exciting themselves unnecessarily. "I am most emphatically of the opin ion that It is not the business of the City" Council to meddle win. a man's business unless he menaces, the public good, and he is certainly not doing so when he erects a skyscraper." "Reinforced concrete structures, against which the present crusade is being waged in the main," said H. D. Williams, an other architect, "can be built with per fect safety as high as any other. Nine and ten-story warehouses of this kind are quite common and no cause for com plaint has ever come up. Such buildings are constructed at comparatively small cost and are fireproof. The more we can get of them the better. No limit should be placed, for at present we have no buildings either in process of construc tion or contemplated which would war rant such an ordinance." W. L. Morgan, a prominent contractor and architect, said: "I see no need of such a measure. So long as the foundation is adequate and proper materials are used to make the buildings thoroughly substantial, there is no need of a limit to the height further than the builder's pocketbook and there should be none. A competent building inspector with plenty of assistants to prevent his being overcrowded with work is the only safeguard we need against dangerous structures.'' NO ISMS FOR VOTE WOMEN Suffrage Cause Must Stand Alone on Own Merits, Says Mrs. Duniway. PORTLAND, Or..' Aug. 10. (To the Editor.) Will you kindly allow a lirelong temperance advocate who, being such, is not a prohibi tionist, to pay through your columns to B. Lee Paget that the vote on the late local option amendment did not "reveal the mis take of the equal suffragists," but of thetr op ponents, who were so anxious to prohibit equal suffrage that they also voted "no" on their local-option amendment by mistake. The Joke Is on the "liquor men," and not on the euf frRgtots. If the Prohibitionists indorsed the suffrage amendment because they believed it was right, as Mr. Paget says they did, "and not because they thought it would enable them to wipe out the saloon," why does he think they won't do It in 1908? Doesn't all the world understand that "holy" people can not be guilty of violating a principle of right because other people do wrong? If It be true, as our highly esteemed, but blinded and over-zealous friend, Mrs. White aide flays, that "if the suffragists had em bodied temperance (that is,, prohibition) in their platform, they would now be wearing the laurels of victory," and If it be also true, as Mr. Paget says, "that Prohibitionists voted for equal Auffrage because they believed it was right," how was it that we failed to get a majority vote? Isn't there a discrepancy somewhere? Our Prohibition friends, in proclaiming them selves as "the temperance people," cause every person who Is familiar with the Intemperance of their methods to bestow upon them a pity ing smile. The only rational cure tor the evils of Intemperance is liberty. "Liquor -men" were never "opposed to the enfranchisement of women" till Imported White Ribboners came among us to preach "for woman suffrage" because they said, "it would be a short cut to Prohibition." That liquor men combined against us In self-defense after that, and will continue so to do until such declarations as those made by Dr. Pohl and other Simon Pure equal suffragists are re peated so often that elf-defense along that line Is no longer deemed necessary by busi ness men, Is a fact that equal suffragists' must and will emphasize hereafter, regardless of the fanaticism of any class or cult. In this connection I am glad to give Mrs. Whiteside credit for saying that "women are not opposed to the liquor Interests any more than men are." But when she adds, "If the euffragiats oppose us to make up to the liquor men," etc., she makes every level-headed woman tired. We do not "oppose" Prohibi tionists any more than any other -one class of lsmlsts, unless they crowd themselves upon our shjp and strand It. as they did last June. We should In like manner oppose the Catho lics, or the Profestants of any orthodox church. If they should preach for equal suf frage as a "short cut" to the establishing by the state of their Teligion, in the form of a constitutional amendment. Let Mr. Paget and Mrs. Whiteside for eacu of whom I have a high personal regardsstudy carefully the letter by Eugene Thorpe,' which appeared In The Oregonlan of August 8. Mr. Thorpe Is aibsolutely without bias, and la therefore able to see, understand and state the exact truth. Equal suffrage can never win until it is allowed to stand on Its own merits. It will do It In Oregon hereafter, meanwhile, if Prohibitionists cannot see that Prohibition Is neither temperance nor liberty, they must expect to feel "hurt" If they at tempt to crowd our equal suffrage ship again and swamp it. Or, to change the metaphor, we shall never again permit ourselves to be posed before the voters as a tail to Prohibi tion, or any other ism's kite. If there are any women remaining in the suffrage ranks who disagree with us about this vital mat ter, their place is with the W. C. T. TJ., but sot with us.. ABIGAIL SCOTT DUNIWAY. Characteristic ol "TJncle Joe." SEATTLE, Aug. 9. Special.) Congress man W. E. Murphy declared today that Speaker Joseph Cannon Is opposed to the creation of the national parks proposed at Lake Chelan and In the Olympic mountains at Lake Cushman. This oppo sition has prevented any legislation and held down the Mount Ranier appropria tion to $50,000 for road building. Mr. Humphrey says the speaker believes in extending the cultivation of the state rather than the protection of its game or scenic advantages. Slocan, B. C, Seized by Sheriff. VANCOUVER. B. C. Aug. 10. Slocan City was yesterday seized by Sheriff Tuck, of Nelson, with execution papers, which .put the entire municipality In his hands. Six years ago Slocan City was the most prosperous town in that district and had a population of 1000. Today 150 per sons live there. FINK AS SILK. That Is What v Little Girl Says of Cham berlain's Colic, Cholera and Diar rhoea Remedy. I am a little girl eight years of age. do not know very much, but one thing 1 do know, and that is that Cnamber laln's Colic, Cholera and Diarrhoea Rem edy Is fine as silk for anyone with a stomach ache. I had a very severe pain last night, took a dose of It and was re lieved at once. Maude Ellen Wood, Clif ton, Va. This remedy is for sale by all druggists. HIGH OFFICIAL IS fid IN PORTLAND Julius Kruttschnitt, of the Har riman System, Discusses Railroad Affairs. BUSINESS HERE UNKNOWN Director of Maintenance of Great Corporation Says That Traffic Congestion In San Francisco Is Being Relieved. Julius Kruttschnitt, director of main tenance and operation of the Harriman system, with headquarters in Chicago, arrived in Portland last night from San Francisco in his private car, "Guada lupe." He is accompanied by his secre tary, Hugh Nelll, and has taken apart ments at the Hotel Portland. He will remain in the city several days. Mr. Kruttschnitt was not inclined to discuss local railroad affairs last night. "I know nothing of the situation here and have come to Portland for the pur pose of investigating," he said last evening. He was asked if he contemplated tak ing any action or making any decision in the fight being waged against the Southern Pacific tracks on Fourth street in the heart of the city. "I have heard nothing of a movement against the removal of the tracks. The matter is in the ha,nds of our men In Portland. I know nothing whatever about the proposition," he stated. Asked for a statement concerning his visit here in connection with the pro posed Improvements to the Northern Pacific terminal facilities, in which the Harriman system owns the majority of the stock, Mr. Kruttschnitt said that everything depended upon the directors who would probably hold a meeting to day. Conditions in San Francisco. Regarding the blockade in the rail road yards at San Francisco and all the sidetracks of the different towns for miles in all directions from the Golden Gate, Mr. Kruttschnitt stated that everything possible was being done to relieve the congestion. "We are using every influence possi ble to straighten out the unusual con dition. Absolutely- nothing remains un done on the part of our company to clear the yards of the system in Cali fornia." he stated. "Today the number of cars in the yards that have accumulated since the fire amounts to 3684 loads. On July 31 there were 4S75 cars In the blockade, which was a reduction of approximately 1130 from the maximum eight days be fore. "Without exception the consignees have oromisod earnest, co-operation with the railroad company and as a re sult of their efforts the blockade will be a thing of the past within a com paratively short time. Just when every thing will be running as before the fire no one is able to say. "One of the drawbacks to the accumu lation of freight cars is the fact that It Is impossible for the railroad men to switch out individual cars upon short notice from the merchants to whom the goods have been shipped. Owing to this fact the merchants are In no way to blame for the delay In getting their stuff from the cars. "The. congestion began, you might say, with the fire which destroyed San Fran cisco. Hundreds of ears began pouring Into Oakland with relief supplies within a day or two after the earthquake. The Southern Pacific officials made relief of the stricken city the paramount issue and all freight was taken to points as near the destination as possible. More Than 5000 Cars. "From day to day the number of cars increased, in j?pite of the efforts of the company to relieve the situation. Cars rolled Into the yards by the Tiundreds, and on July 23 the number had reached 6865. On account of the crippled condition of the drayage and storage facilities of the city, the merchants were utterly helpless In doing anything to help the railroad company to get rid of the thousands of loads of freight. "When the blockade was at ts height a committee of officials of the company visited the San Francisco team tracks on which some 300 carloads of .freight had been placed alongside roadways ready for delivery. The officials found only 18 wagons engaged in hauling away the con tents, which were largely composed of lumber and hay. Several days later 949 carloads of lumber and 409 of hay were in San Francisco and Oakland and held on lines destined to these points. But in spite of all our drawbacks, I think that the conditions will become normal within a short while." Will Confer With Cornish. In addition to coming to Portland to familiarize himself with local affairs of the Harriman interests in general, Mr. Kruttschnitt will meet Judge W. D. Cor nish, vice-president of the Southern Pa cific. Mr Cornish is also staying at the Hotel Portland. A number of Important business affairs in connection with the great railroad system will be taken up between Mr. Kruttschnitt and Judge Cornish, but whether the questions have any local sig nificance is not known outside of the officials of the company. However, it is understood that a number of matters which have been awaiting action for some time, will be considered and probably settled. Mr. Kruttschnltt's private car arrived In Portland on No. 12 at 6:40 o'clock last night. The official left San Francisco four days ago, having stopped off at sev eral points during the journey. Mr. Krutt schnitt does not know as yet Just how long he will remain here. CONTRACT WILL BE LET SOON All in Readiness to Start Work on Second Link of Coos Bay Line. Announcement is expected any day that the contract has been let for the construction of the second 20-mile link of the Drain-Coos Bay line of the Southern Pacific. General Manager O'Brien stated yesterday that everything is in readiness for the awarding of this contract, which will mean the immediate commencement of two-thirds of the line which is to open up the resources of. Coos County. News that the contract covering the con struction of the first 20 miles had. been let to the C. E. Loss Company, of San Francisco, was received in Portland Thursday. All the details concerning the construc tion of the new line are under charge of William Hood, of San Francisco, con struction engineer "of the Southern Pa cific. All of the necessary data concern ing the first 40 miles of the route has been prepareel The project was divided into three links of 20 miles each and it is expected that the construction of the first two will be carried on simultaneous ly. The work on both sections will prob ably go on continuously through the Winter, and It Is not unlikely that the entire 40 miles will be completed some time during the next Summer, or at least in the Fall. - t It Is not yet known when the last por tion of the line will be laid. Preliminary estimates and plans for this section have not yet been completed. A large amount of valuable data which was es sential to the letting of this contract was destroyed in the San Francisco fire, and it has been necessary to repeat the work of collecting it. In this way the pro ceedings have been retarded, but it. is thought that the contract will be let as soon as the necessary information is at hand. IDAHO RAILROAD SITUATION Miles S. Johnson Tells What New Lines Mean to Portland. Considerable delay has been met with in the construction of the Lewiston-Ri-paria line of the O. R. & N., and it will probably not be ready for operation in less than one year, according to Miles 9. Johnson, of Lewiston, assistant United States Attorney at Lewiston and who is in close touch with railroad development in that section. Mr. Johnson, who is now in Portland, is attorney for some of the new. electric line3 under way in Idaho, and has kept close watch of railroad con struction in that section. "The scarcity of labor has proved a se vere handicap to the construction of rail roads in Idaho," he said last night, "and has much retarded the Lewiston-RIparia line. It has been especially difficult for the work to progress materially this Sum mer because of the heat. There has hard ly been a day this Summer when the mer cury did not reach 100 or over along the Snake River, and this has caused the work to be greatly delayed. Labor is now in great demand in the harvest fields, and this has caused many to desert the con-, struction camps. "The work on this branch has now been under way for about one year, and it is probably not more than half completed. The crews are scattered along the route, so it is difficult to, say exactly how much has been accomplished. There are not, however, more than 15 miles of track actually laid. "This line will doubtless be completed in time to handle the grain shipments next year, - and it will mean much for Portland. I think it is a conservative estimate that, following the completion of the line, 6,000.000 bushels of wheat will be sent to Portland which otherwise would go to Seattle and other Puget Sound cities. It is recognized everywhere that Portland Is the natural shipping point for the In land Empire, and as soon as all the pro posed railroads are done, practically all of the products will come to this city. "Another line which means much for Portland Is the extension of the Northern Paciflo from Culdasac to Grangevllle. This will tap the Nez Percea and Camas Prairie country, which is the greatest wheat belt in the world. An electric line is also being built from Lewiston to Grangeville and Nez Perces. This follows a different route, and will also tap & rich country. Power for this line will be de veloped on the Salmon River, 45 mlle3 from Lewiston. By driving a tunnel a nine-mile curve in the river will be elimi nated and 50,000 horsepower will be ob tained from a fall of 75 feet. "Engineers are now working along the 3nake between Lewiston and Huntington. It is believed that they are mapping out a route for the O. R. & N. line by which it is proposed to do away with the heavy grades which the present line follows be tween these two points." OFF FOR KLAMATH FULLS MORE THAN 40 BUSINESS MEN IN THE PARTY. Will Inspect Resources of the Great Klamath Country and Meet Its People. PERSONNEL OF PARTY. Charles H. McCrum, C. Schwuerdt man. G. Haymaker, C C. Chapman, F. W. Leadbetter, H. L. Pittock, W. C. Lawrence. S. W. Thompson, D. 8. Hester, C. M. Idleman, A. J. Jones, H. McMurphy, M. D. Wisdom, W. D. Devalney, Mrs. Devalney, E. L. Foutch. Mrs. Foutch, D. M. Hamilton, T. O. Hague, F. E. Manchester, D. E. Meikle. C. P. Bishop, Tom Richard eon, A. A. Morse, J.. Annand, C. M. Hyskell. Jefferson Myers, Dr. E. A. Baker, H. N. Starr, A. B. Manley, C. E. Hedge, Thomas P. Clarke, W. N. Wynne, J. P. Crowley, J.. B. Finne gan, J. A. Harrison, Jay Smith, C. S. Nlcklln. J. T. Peters, William Mc Murray, J. M. Scott, W. M. Killings worth, R. F. Whitney, George Weat'A erbee. Every one an enthusiast, the Portland business men's excursion to Klamath Falls . left yesterday morning at 8:40 o'clock in two Pullman sleepers. There are 42 men in the party and two ladies. This morning the party will arrive at Thrall, where it will be met by the offi cials of the Klamath Falls Railroad. The excursionists will arrive at their desti nation this evening. , . Every moment of the time the mem bers will spend In the southern part of the state has been arranged in advance by the. citizens of Klamath Falls. A commit tee from the Chamber of Commerce will meet the delegation at Keno, which will be followed by an excursion on the lake and a stage ride through a beautrful val ley to Merrill. - A number will return to Portland on August 16, while the others will remafn to indulge In fishing, sightseeing and other recreations. William McMurray, general passenger agent of the Harriman Northwest lines, accompanied the excursion. John M. Scott, assistant passenger agent, was also one of the party. PASS THROUGH EUGENE. Portlanders Greeted by Friends on Their Way to Klamath. EUGENE, Or., Aug. 10. (Special.) The Portland Business Men's excursion, bound for Klamath Falls, passed through here on the regular train at 2:15 today. There were two cars of Portland's best-known business men and citizens, and being on the regular train no stop was made. H. L. Pittock, Tom Richardson and F. W. Leadbetter were among those who spent the few moments meeting Eugene acquaintances at the station. A number of citizens were at the depot, but, on ac count of a misunderstanding as to time, the commercial bodies were not repre sented. La Grande Seeks Pure Water. LA GRANDEL Or., Aug. 10. (Special.) The sum of $250 has been appropriated by the City Council to be used in investi gating the feasibility of conducting the waters of Beaver and Five Points Creeks for the purpose of supplying the city of La Grande with an abundant and whole some supply of water. Kaiser's Grandson to Be Baptized. BERLIN, Aug. 10. The King of Eng land and the Emperors of Austria and Russia will be godfathers to Emperor William's grandson, whose christening has been postponed from August 12 to August 13. SENSATION If! BARNARD TRIAL Witness Makes Incriminating Admissions at Late Night Session. GOVERNMENT CLOSES CASE John M. Morgan . Admits That He Swore Falsely in Making Home stead Entry Similar to That of Barnard. As a sensational climax to the close of the Government's case at a night session of the Federal court, wherein Coe D. Barnard is charged with perjury in con nection with his ttestlmony as a witness to the final proof of Charles A. Watson, John M. Morgan, one of the Govern ment's witnesses, confessed on the stand last night that he had likewise made a homestead entry for the Butte Creek Land, Livestock & Lumber Company, and that he had sworn falsely when he made affidavit in his final proof that he had lived upon the claim and had cultivated it continuously during the 14 months an tecedent to the commutation of the entry. Judge Bennett, counsel for Defendant Barnard, interposed a vigorous objection to the introduction of Morgan's testi mony, but upon the statement of United States District Attorney Bristol that it was offered for the purpose of showing that Barnard was one of Morgan's wit nesses also, and had sworn to the bona fides of his claim in the same manner as In relation to the Watson claim. Judge Hunt overruled the objection. Morgan testified that about the time Watson had filed on his homestead, Clar ence B. Zachary, manager of the Butte Creek Land, Livestock & Lumber Com pany, induced him to make homestead en try No'. 12,762, covering lot 4, section 30, and lots 1, 2, 3 and 4, section 31, township 5 south, range 20 east. Willamette merid ian. At the expiration of 14 months the entry was commuted, and when Morgan appeared before United States Commis sioner James S. Stewart for the purpose of proving up, Barnard was one of his witnesses, .and had sworn to a statement that Morgan had cultivated 35 acres of the land, had built a house thereon and had resided continuously upon the claim for the full period indicated. Admits False Oath. Morgan admitted that he was lying when he swore to his final proof, and that he had taken up the claim in the expectancy of being paid for it by the corporation, also that he had only been on the claim once during the 14 months. Judge Bennett subjected him to gruel ing cross-examination, during which there were several sharp passages between the attorneys for the opposing sides. Morgan admitted that he gambled to make a liv ing while he was In Fossil, but occasion ally did housepatnting to soften the as perities of poker-playing. "When I couldn't make any money gam bling." testified the witness with the ut most nonchalance, "I went out and paint ed a house. I took up the claim for the Butte Creek Land. Livestock & Lumber Company," he continued, "because Clar ence B. Zachary asked me to do so." Judge Bennett You claim now that you lied when you proved up on your land? Witness Morgan Yes, I lied, all right. Judge Bennett Is it not a fact that you are telling a He now, just to get out of the other? Witness No, it Is not any use to tell another lie to get out of the other. Judge Bennett Then you have re formed, have you had a change of heart, as it were? Witness I have had a change of some thing; I don't know what. Judge Bennett You want to be be lieved now rather than in your testimony. where you made oath on final proof that there .were 35 acres cultivated, and that you had built a cabin on the land and was living in it, don't you? Was Mr. Barnard present and did not hear you give this testimony before the Commis sioners? Land Was Cultivated. Witness There might have been 35 acres plowed on the land; I think there was, although I did not cultivate It. I don't know whether Mr. Barnard heard, me or not when I so testified. If he did he .might have formed the conclusion that I was telling the truth. I don't know whether he was even present or not, but guess he was, and that I swore first. I think It is true that there were some crops raised on the place. My wife went down to the claim with me once, and that was all I ever visited it. I proved up at the end of fourteen months, having commuted the entry. I never asked Mr. Barnard to become a witness for me. Somebody else must have done so. It was advertised that I was going to prove up. The Butte Creek Land, Livestock & Lumber Company must have Inserted the advertisement, as it wasn't I. I intended to go away from Fossil to California, and wanted to square up be fore leaving. I had a contract with the company, and I wanted the money. I was lying so the company could get the land, and it must have been done as a sort of accommodation. What lying I did was at the request and solicitation of someone else for whom I was being used to take up this claim. Everybody else has been lying up there for the past 20 years, and I thought I might as well do It as anybody. Witness Causes Sensation. The testimony of Morgan produced a profound sensation in the courtroom, and especially among the Jurymen trying the case. Just what effect it will have upon them in establishing the guilt or Snno cence of the accused, remaijis to be seen, but at all events every member of the body regarded Morgan with .contemptu ous expressions and scowling faces, while the witness was the cynosure of all eyes from other sources This was especially noticeable in the case of Clarence B. Zach ary, who was an interested spectator, and who glared at the witness all through his testimony from a distant part of the courtroom. The most unconcerned person present was the defendant himself. He smiled at Morgan while he was deliberately tell ing of the deception that had been prac tised while he was making final proof, and seemed to enjoy the narrative as if listening to some pleasing recital. It is evident the Government is leaving no stone unturned in its efforts to con vict Barnard, 10 new witnesses, besides ssveral of those who had given evidence at the Watson trial, having been placed on the stand yesterday afternoon and last night- The list includes, in addition to Morgan. Ira E. Bradley, of. Forest Grove; William L. Moore. Postmaster of Greenville; Wil lis Ireland, of Hillsboro; C. T. Scogglns, of Fossil; G. O. Butler, of Wheeler Coun ty: E. J. Godman, County Clerk of Wash ington County; Elbridge Clymer, Post master of FossllI, and Dr. M. H. Parker, of Greenville, who described himself as a physician and surgeon and dealer in gen eral merchandise, and who testified that, while not officiating as Watson's physi cian, he was selling him ammunition with which to hunt China .pheasants; Clyde Brown, of Hendricks case notori ety, completed the list of new faces in the witness chair. There was. nothing sensational, or even particularly interesting, in the character of the new evidence adduced at the trial yesterday outside of the Morgan episode. Ira.E. Bradley, of Forest Grove, but for merly a resident of Greenville, corroborat ed other witnesses relative to Watson keeping a saloon at Greenville; William L. Moore, Postmaster of Greenville and member of the general merchandise firm of Moore & Son, detailed from his cash accounts the various transactions the firm had had with Watson, extending through a period of years, and covering the time when he should have been, residing on his homestead, about 150 miles distant; Willis Ireland, a former partner of Moore, corroborated the latter; G. O. Butler, County Clerk of Wheeler County, testi fied that Watson was not registered In that county; E. J. Godman, Clerk of Hillsboro. declared that Watson was on the register of Washington County, while Elbridge Clymer, the Fossil Postmaster, asserted from the witness-stand that Watson. got his mall In Barnard's care. Dr. Parker, of Greenville, who, while not engaged in disposing of a large and well-assorted stock of general merchandise, furnishing goods and a miscellaneous assortment of hardware, is a practicing physician of the little town, was a fairly good witness for Barnard, inasmuch as he testified that Watson was a sickly boy, and was under constant treatment for an ail ment of some sort or other. Prosecution Loses Case. E. A. Putnam, George Bledsoe, James Loran Combs, James King, Robert Kenneday, William G. Sliepard and United States Commissioner James S. Stewart were the other witnesses who testified for the Government yesterday, their evidence being practically the same as In the Watson case. With .the finish of Stewart's testi mony, the Government closed its case, and court adjourned until 9:30 this morning. Judge Bennett announced last night that he would commence the Introduc tion of testimony , for the defense the first thing today. Special Assistant to the Attorney General Hency Is not expected to re turn from San Francisco until tomor row night. WATER AND MILK MIX WELL Bull Run Said to by Dairymen to Be an Excellent Preservative. TVater mixed with milk will keep the latter cool and sweet. So say cer tain milkmen and yesterday one of them admitted in court that he was in the habit of pouring cool, clear and sparkling water into his milk cans, but he is as free as ever to sell the mixture. B. Tannler, a milkman, liv ing near Cedarville, charged by State Food Commissioner Bailey with adul terating milk, was tried and acquitted in Justice Olson's Court. The defend ant did not deny that he put water in the milk, but asserted that he had not done it to increase his revenue, but because of the preservative qualities of water. "Will the court please inform us how much water a milkman may le gally put in his can?" was the parting shot of Deputy District Attorney Moser when the defendant was acquitted. Mr. Tannler said that one quart of water to ten gairbns of milk is Just about right, but the other.dealers Who furnish Portland with milk are yet to be heard from. Technically Tannler was guilty of the charge, a3 he admitted he did put a small quantity of water In his milk, but extenuating circumstances caused Justice Olson to discharge the defend ant. . The state showed that Peter Mcin tosh, a milk Inspector, took samples of milk from three 10-gallon cans ' at the station at Cedarville July 18. H. G. Tarter,' chemist, testified that he tested the samples of milk and found that it had been adulterated with water, falling far below the required standard. t . The defendant on the witness stand testified tnat he had a contract to sup ply 30 gallons of milk daily to R. Hess, of Portland. Unable to deliver it sweet during the hot weather, he said he put one quart of water In each can of milk, which kept it sweet. Tannler declared that he did not put the water In the milk to Increase the supply, as he often throws milk away, but to keep it cool and sweet. Several wit nesses' testified that Tannler put one quart of water in each 10-gallon can and no more.. From the tests of Chemist Tartar it would appear that Tannler put four or five quarts of water in each 10-gallon can, but the defendant stoutly con tended that he only used one quart to the 10-gallon can. Mrs. Tannler also testified to this effect. It was shown that Tannler had always been an honest man and had never before had trouble over his milk. Deputy District Attorney Moser con tended that under Tannler's admis nion he must be guilty under the law, and ought to be fined as an example. The law, he declared, made no excep tions. Attorney Johnson, for the defense, contended that while Tannler might be technically guilty he was innocent of violating the true spirit and pur pose of the law. He commended Food Commissioner Bailey for his ieal in the enforcement of the statutes, but said Tannler was an honest farmer technically guilty, perhaps, of the let ter of the law but not of the spirit. Justice Olson when reviewing the case said that he did not believe that Tannler Intended to violate the law by putting a little cold water In his milk to keep It sweet and he dis charged him. RATES TO ORIENT STAND Steamship Companies Will Hot Re duce Freight on Flour. SEATTLE, Aug. 10. (Special.) The rate schedule for freight from Seattle, Tacoma and Portland to the Orient will be the same as has been in force for the past year. This was the result of the meeting of the freight agents of the steamship lines of the North Pacific oper ating on the Oriental route, which has ended its session in Seattle. The meeting was held In the office of Frank Wa terhouse & Co, and all agents were pres ent. For the past year flour has been carried to Japanese ports at $4 per ton, $4.50 to Hong-Kong and $5 to Shanghai. The ex porters asked for a reduction on ship ments of this foodstuff, but the compan ies decided not to grant it. Minor rebates were discussed, but no changes made. "POTTER" IN SERVICE. Popular O. K. AN. Excursion Boat Re sumes Trips to Beach. The T. J. Potter leaves Ash-street dock for North Beach, touching at Astoria, as follows: August 14. 10.00 A. M. : August 16. 11:30 A. M. ; August 18, 12:30 P. M. ; August 21, 7 A. M.. From Ilwaco: August 12. 6 P. M. ; Au gust IS, 8 A. M. : August 17, 8 A. M.; Au gust 19. 8:30 P. M. Tickets at Third and Washington streets and at Ash-street dock. Meals may be secured on the boat. Superior to Lemonade BORSFORD'S ACID PHOSPHATE A teaspoonful added to a glass of cold water, with sugar, makes a delicious Sum mer tonic. FATALLY WOUNDS YOU BROTHER Ray Clopton, 14-Year-0ld Boy, Accidentally Shot, and Will Die. BULLET FROM REVOLVER Claud Clopton Was Showing Weapon to Friend When the Hammer Caught in His Clothing, and the Discharge Followed. While showing a revolver to a friend. Claud Clopton, age 19 years, accidentally shot and mortally wounded his 14-year-old brother, Ray, at their home, 492 Clay street, at 10 o'clock last night. A bullet from a 3S-caliber revolver pierced the left shoulder of the boy, and, passing close to the heart, entered the left lung and came out at the small of the back. The wounded lad was removed to Good Sa maritan Hospital, where it is said he can not recover. Ray Clopton was In his night clothing and sitting on the bed watching the two older boys handle the revolver. As the elder Clopton boy rose he turned and at tempted to place the revolver in his pocket, when the hammer caught In his clothing and the weapon exploded. Ut tering one cry, Ray fell back on the bed bleeding from the bullet wound. A phy sician was summoned, and neighbors ren dered what little aid they could. The child lost consciousness from pain and loss of blood, and was removed from his home to the hospital. The shooting was wholly accidental, but the brother of the victim is in a precari ous condition because of his act. The Clopton boys are brothers of Mrs. E. ' Monk, the woman Who attracted consid erable notoriety by taking a 16-year-old girl in an automobile to a tavern, where, it is alleged, she attempted to give the girl liquor. HIGH SCHOOL FULL. Several Hundred Too Many Students for the Space. Literally crowded to the windows the Portland High School will house more pupils this Fall by several hundred in number than ever before in its history. Owing to the delay upon the construc tion of the East Side building there will be from 250 to 300 more high school pupils than there are accommo dations for. Just what will be done with them is a question that awaits solution. Suitable buildings to rent cannot be had, and it is believed that the stu dents will have to be accommodated erther in the assembly halls or in port able buildings. Every available square inch of floor space in the High School building will be utilized but the teach ers and pupils will undoubtedly have to work and study at a great and. try ing disadvantage. The East Side structure will not be in readiness for occupancy before the first of the year and its completion may be delayed even to a still later date. The work upon the building Is progressing very slow, the contractors complaining that they have and are experiencing great difficulty in obtain ing stone. Should the building be not completed upon the opening of the February term the congestion at the Portland High School would be very serious. Several hundred more students will have grad uated from the grades by that time, and unless the new building Is complet ed it will be next to impossible to ac commodate them. Meanwhile the work upon the East Side High School build ing is progressing as slow as ever. Indications are that all of the pub lic schools of Portland will be packed and jammed when the term begins September 17. It is thought that many portable buildings will necessarily have to be "erected. The lack of accommoda tions will be felt upon the East Side worse than any place else. That part of Portland has been growing very , rapidly and where a few years ago there were but a few scattering houses there are now large communities. Will Mint Alaska Gold. SAN FRANCISCO, Aug. 10. Frank Leach, superintendent of the mint, was notified by the Secretary of the Treasury today that gold from Alaska and the Yu kon will be minted this year at the mint in this city, instead of Philadelphia, as heretofore. RARE tHANCE TO TRAVEL. Very Ixw, I-onjr Time Round-Trip Tickets Via O. R- N. August 7, 8, 9 and September 8 and 10, the O. R. & N. sells very low long-time round-trip tickets to Eastern points. Par ticulars By calling upo" C. W. Stinger, City Ticket Agent, Third and Washington streets. Portland. - CONFIRMED PROOF Residents of Portland Cannot Doubt What Has Been Twice Proved. ' In gratitude for complete relief from aches and pains of bad back from dis tressing kidney ills thousands have putv. liely recommended Doan's Kidney Pills. Residents of Portland, who so testified years ago, now say their cures were per manent. This testimony doubly proves the worth of Doan's Kidney Fills to Portland kidney sufferers. G. H. Springmeyer, expressman, of 1016 First street, Portland. Or., says: "Ex posure to rough weather and the jarring of my wagon brought on kidney trouble. My back ached almost constantly, and the action of the kidneys seemed weak and the passages of the secretions too frequent. Doan's Kidney Fills came to my notice and I got a box and began using them at once. The pain in my back was soon relieved and the kidney secretions became normal. Two boxes of Doan's Kidney Pills brought about this result." (From statement made Feb. 28, 1903). CURED TO STAT CURED. On January 12, 1906, Mr. Springmeyer confirmed the above statement, and added: "Since the time referred to in my former testimony, I have not had a trace of kidney trouble. I have recommended Doan's Kidney Pills to many people and' am always glad to do so." For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New York, sole agents for the United States. Remember the name Doan's and tak no other.