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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 21, 1906)
lo THE MORNING OSEGOMAN,' FRIDAY, DECEMBER 21, 1906. MESS DEFIES CITY-GOUNGILMEII Expert Accountant Refuses to Testify Before Special Committee. GEORGE BLACK OBDURATE Declines lo Answer Questions Re garding Delinquent Taxes Ways and Moans Members Also Ke- calcitrant Papers Missing. An important part of the report made by Experts Clark and Buchanan on the pity's nuditinjr system is missing, and no one is ahle to account for its mysterious disap pearance. No copies of it are in existence and the -special committee from the City Council which is goinj? over the report will conduct an Investigation to ascertain what lias become of the paper. The special committee held a meeting at the City Hall last night when it was dis covered that all of the original report was not on hand. A supplementary report, which was made the object of criticism . by the ways and means committee, was missing, and the parties who are responsu hie for it were called upon for an explana tion. City Auditor Dcylln said that when they . left his hands the report and the supple mentary report were together and that he had turned them over to the Mayor's pri vate secretary. Miss McDonald. He pro duced a receipt for the papers. Miss McDonald was called up over the telephone by Councilman Vaughn, one of the members of the special committee. She said that she had received but a part of the report and knew nothing whatever of the missing" paper. The special committee will hold another meeting Wednesday af ternoon at 2 o'clock, when Miss McDonald will be asked to appear and testify. All who are concerned are much sur . prised and say that they do not see how the paper could have been mislaid. It contained itemized and comparative tables from city records, and It was alleged by the ways and means committee that it had been taken from the published annual reports. . Kxpcrt Is In Contempt. . '. The missing report was not the only Interesting feature of the meeting last night, as George Black, the public ac countant, may be cited for contempt for his refusal to answer certain questions when interrogated by Councilman Vaughn. Mr. Black is the accountant se lected by the special committee of citizens at the request of the City Council to ex. pert the city records. He was subpenaed to appear before the committee, and was sworn In last night by Chairman Kellaher. He then said he would prefer not to be cross-examined, as he had not received any official notitication of his appoint ment, and had not accepted it. He plead ed the privilege of his profession. The members of the committee de manded that he answer certain questions which he refused to do. Councilman Vaughn warned him and read him the ordinance . which makes it a mis demeanor to refuse to answer ques tions put by members of any special com mittee of, the City Council, such of fense being punishable by either fine or Imprisonment or both. Nevertheless Black steadfastly refused to answer. Councilman Vaughn said later that he thought Black would be prosecuted. "1 prefer to exercise the privilege of my profession and not be subjected to questioning at this time," said Mr. Black. "You do so at your own peril," thundered Vaughn, reaching for a copy of the city ordinances. Asked Regarding Taxes. . Mr. Black was asked relative to the report lie made several years ago on the records of Multnomah County in regard to taxes due the city which were never paid over. Every year there are delin quent taxes which never reach the city treasury and Clark & Buchanan in their report declared that these losses were unaccounted for. Mr. Black said that his report was a matter of public record and that he was not prepared to an.swer questions concerning it. Mayor Lane took a hand in the pro ceedings and asked Mr. Black whether there was anything in the nature of a truthful statement that he might make in answer to questions which would em barrass him in his relations with the committee. This question also Black declined to answer. Many different ques- . tioas were hurled at him by the com mitteemen but they could not induce him to answer. . The proceedings . last night consisted largely of a cross-examination of Auditor Devlin by Councilman Vaughn. Vaughn appeared anxious to establish the point that the report of the ways and means . committee criticising the report of the experts was in reality the report of Auditor Devlin. "As a matter of fact, Mr. Devlin," in quired Vaughn, "was not the report of the ways and means committee made up In the main from your answers to their . question's?" Devlin, on tlie Grill. "No," replied Devlin. "I acted as clerk . of the ways and means committee and - wrote the report, which was later ap proved by the members of the com "niittee. 1 acted merely as clerk. 1 told the members of the committee repeatedly that I did not want to have anything to do with making out the report. They Insisted that . I should, as I had acted as clerk of their meetings. I compiled the . report according to their directions and suggestions. It is not my report, but the report of the' members of the ways and means committee'." The members of the ways and means committee were subpenaed to appear at the last meeting of the .special com mittee, but none of them attended ex cept Rushlight, who is also a member of the special committee. There is some talk about the City Hall that the mem bers of the special committee will ... be prosecuted for not obeying the summons and Councilman Vaughn said last night that perhaps something will be done in that regard. The members ' of the committee are: Wallace, Rushlight. Masters, Bennett and Gray. MARQUAM MAY BE OPENED Possibility That Theater Will Be Re modeled by the Owners. It is not unlikely that the Marquam Theater, after having; been closed for a year, may, within a few months, be re opened as Portland's leading place of amusement. J. Thorburn Ross, presi dent of the Title Guarantee & Trust Company, which owns the theater', fa vors reopening it, provided satisfactory alterations are found to be feasible. In discussing the matter yesterday, Mr. ltoss said: We have had various propositions from men who desire to rent the property for other uses, but. when we came to figure on the rental we found them unprofitable. One man wanted It changed Into a hotel; another desired it fixed up for office, and still others viehed to have the building; fronted on Alder etreet for stortes. While the Executive Board denies, us the ri'Kht to reopen the theater, we find that It Is really one of the safest- and best theaters tn the country. Theatrical men from all over the East tell us that there is more security from fire and panic than in two-thirds of the playhouses of the Cnlted States. All this time the subject of building a first class theater in some other locality ia can vassed, but turned dawn. The Marquam is In the center of the hotel district, and the busi ness men near by have been urging us to open It again. It would cost fully 20,000 to comply with the requirements of the Executive Board, however, and then w'e would have no assurance that more "demands would not be made? by the authorities. The four-story brick fronting on Alder street, recently occupied toy the Portland. General Electric Company aa a base of supplies, has been vacated at our request, as we desired to have the coast clear- for the work of remod elling and Improvement should we decide on this course. LONG CAPES A NUISANCE Chief Gritzmacher .Will Request a Change in Police Uniform. Acting Chief of Police Gitzmacher intends to recommend that the Police Commissioners abolish the long cape now worn as part of their uniform by the patrolmen of Portland. Complaints innumerable have been registered by the officers against the cape, which is worn In the rainy season and which was Introduced as a portion yf the patrolman's uniform during the regime of Chief Hunt. . Hunt adopted the recommendation of General Charles F. Beebe, who was then a Police Commis sioner. The capes, While warm and offering some protection against the elements, are cumbersome and hinder an officer in his work. Patrolman Bales blames his cape for his- Inability to capture "Kid" Murray at the time he arrested "Chick" Houghton yesterday morning. Bales claims that had he been free from the cape, neither of his prisoners would have had a chance for liberty. As it happened, he confined his efforts to the recapture of Houghton and alTowed Murray to escape, for he looked upon the former as the more important of the two. . When news of the Chiefs plan was circulated among the officers it was received with joy, for they are heartily sick of the semi-military garment. Chief Gritzmacher will recommend that the city purchase suitable overcoats for the officers, for which they may be required to pay cost price. A. design of coat will be prepared and submitted to the Commissioners with a strong recommendation that it be adopted. LUNATIC CAUSES ALARM Runs at Large in Garb of Nature on Peninsula. The police were notified last night of the reappearance of a man who is supposed to be insane, and who has been seen twice within as many days on the Peninsula. Both times he was stark naked. The citizens are alarmed, and implored the police to take steps at once to capture the lunatic. Owing to the fact that the patrolmen and plain clothes men are being used alto gether on emergency work and strike duty at present, no officers were avail able to be sent to the Peninsula last night The man was seen by children at tho Peninsula school at noon Wednesday for .the first time, and last night during a meeting? of the young people of the German Lutheran Church he. was seen again by three little girls. One of them met him in the dark and thought him to be her grandfather and called to him, whereupon he took to his heels and leaped over a fence. COUNCILMEN PLAN JUNKET Will Inspect Crematories of Victoria, Seattle and Tacoma. Members . of the City Council and city officials leave next Wednesday for Victoria, to be absent from Portland several days. They will inspect the crematories at Victoria, Seattle and Tacoma and the buildings of those cities. A new crematory will have to be built by the city and the Council men are hungering for information. The Shepherd ordinance, which would BISHOP SCADDING'S CHRISTMAS PASTORAL' TO THE CLERGY AND CONGREGATIONS OF THE EPISCOPAL DIOCESE OF OREGON My Dear Brethren: I hereby ext you all. In my visitations to the .easter diocese, as well as In Portland, the the spirit of unity and loyalty in t all take courage and press forwar I wish to remind you of the Ch the offering for the general cler diocesan clergy relief fund with th action on the part of the conventlo a blessed opportunity of contributin nuated clergymen and their widow general fund we are helping the m of the SO dioceses are dependent o slon. The diocese of Oregon is the r these benefits there being more ben No doubt all are happy, at thl and needed Christian work, and I a divlduals throughout the diocese w Christmas, offering for this worth Christmas, I am, always affectionat Your Bishop and Fellow-Serva limit all buildings except those of steel and reinforced concrete construction to four stories, also has bearing on the trip. Shepherd is organizing the party, and among those who have agreed to go are: Councilmen Masters, Menefee, AVills, Belding, Preston and Wallace and City Attorney McNary. ... SOMETHING NEW. This morning at 9 o'clock we place on sale Spring,' 1907. styles ladies' white PerT fiian lawn shirtwaists and India silk waists. All samples, swell styles, secured for 60 cents on the dollar. Correct for presents. McAllen & McDonnell, the store noted for best goods at lowest prices. JUSTR!GHT. "Our Own Mixture," a perfect pipe tobacco. Sig Sichel & Co. agents Ml Hogar, Garcia and Lord Baltimore ci WANT HALF A LOAF Musicians Are Backing An other Saloon Ordinance. FEMALE PLAYERS BARRED I New Measure 'Will Allow Men Only to Render Instrumental Selec "tlons in Drinking Places. Is Likely to Pass. Unable to obtain the whole of the loaf they asked of the City Council, the musi cians of Portland are now willing to take half rather than no bread, and. are back ing an ordinance permitting men only to play instrumental music in saloons. An ordinance with these provisions was in troduced at the adjourned meeting of the Council ye.sterday and was referred to the liquor license committee. There seems to be little doubt that the new ordinance will be passed. Nearly all the Councilmen are willing that men should play in saloons), but there are enough of them opposed to women musi cians to defeat any measure that would THE NEW YEAR'S OREGONI AN PORTLAND'S BUILDING RECORD PORTLAND'S REALTY VALUES The New Tcar.'s Orcgonian for 1907 will be published Tuesday morning, January 1, next. It will be a number of the greatest value to every property-owner in Portland.' The, keynote of the number will bo the remarkable showing made in Portland's building opera tions and the rapid appreciation in Portland realty values during 190(5 following Exposition year. Some of Portland's best real estate has shown an increase of 100 per cent in value during the present year. Incidental to matters of interest touching on Portland's build ing operations and real estate movement in 1906, the annual number will contain much matter of the greatest news interest relating to . horticulture, irrigation and other Oregon projects and industries. The paper will be handsomely illustrated. , Price by mail to any address in the United States, Canada or Mexico, postage prepaid ' EIGHT CENTS A COPY Address: THE OREGONTAN, Portland, Oregon. extend the privilege of playing in drink ing places to both sexes, provided it were vetoed by the Mayor. The original saloon music- ordinance was killed at the. meeting held Wednes day afternoon. ? It had been vetoed by the Mayor and the Council sustained his action by refusing to pass it over the veto. There Is a possibility that -Mayor Lane will not veto the substitute bill if It is passed. At one of the meetings when the measure was up for consideration he stated that the enforcement of the law prohibiting music in saloons was aimed directly at the women and not the men' musicians. If he vetoes the bill.Jt Is be lieved there is a sufficient majority in the council to pass it over the Veto. The ordinance 'was Introduced yesterday by Councilman Annand by request. Councilman Beldlng yesterday presented a resolution calling the attention of the Mayor to the fact that music is rendered in the Hotel Portland and the Oregon Hotel in rooms where liquor is sold. The Councilmen regarded the resolution in the light of a joke, although Belding is considering It seriously and adopted It. Belding is one of those who supported the original saloon music ordinance and believes that the law should be enforced without exceptions. "Liquor is sold in the grill rooms of the Hotel Portland and the Oregon Hotel, which is contrary to the statutes of this city," declared Belding when he cham pioned his resolution. "You can buy all the liquor you want in those places." "I would like to inquire of Mr. Beld ing," said Mayor Lane, "If there isn't a bit of difference between the surroundings at those hotels and those at Erickson's end my loving Christmas greeting to n and to the, southern part of the re is manifest by the clergy and laity he great work of the church. Let us d. ristmas offering that will soon be due gy relief fund. The merging of our e general fund was, I believe, a wise n. On Christmas day there is given g to the support of sick or superan s and orphans. In contributing to the any in whom we are Interested; 60 out n the general fund for relief and pen eclpient -of a : considerable share of eflciarles than ever before. . , -s time, to be engaged In this beautiful m sure that rectors, parishes and in ill gladly remember to make their y object. Wishing you all a happy ely, nt in the Lord, 9 and similar resorts? Liquor is also served at banquets given by clubs and organizations where there is music." "The whisky is about the same, ex cept the prices are higher,' was the re tort from Belding. "Oh. very well," replied the Mayor, "I'll inquire of the City Attorney and see If there is not a distinction." It will only take a few weeks ' to pass the. substitute ordinance which is now up before the Council and that will Insure the two hotels from interference. The meeting of the Council yesterday was a short one and was held to clean up considerable unfinished business that had accumulated. Adjournment until the next regular meeting, during the first week of the new year, was taken at about 4 o'clock. Organizing for Fire Protection. A movement has been started among the settlements along the Mount Scott Railway between Anabel and Lents to organize a complete volunteer fire depart ment. A meeting was held In the Nash ville building Tuesday night, and the or- ganization of a. fire company accom plished by- electing the following officers: Captain, Jack Jeffries; first lieutenant, M. A. Mann; secretary; P. H. McCarter; treasurer. M. Mitchell. E. S. Couch and W. T. Willour, from the Mount Scott Fire Company," were present and made short addresses setting forth the pian for tire protection. Another company will be organized at Anabel, and then the three settlements "will co-operate in pro curing apparatus and will assist each other in case of fire. The district cover3 a large territory, containing between 3000 and 4000 houses, hence it is a problem to provide adequate fire protection, but the several communities have decided to do the best they can by uniting their forces. JAMES O'NEILL MAY SUE His Name Vsed ' In Advertising "Monte Cristo" by Star Theater. Through his attorney, John F. Logan, the veteran romantic actor James O'Neill threatens suit against Manager J. H. Erickson of the Star Theater basing the action upon a recent presentation of "Monte cristo" given by the Allen Stock Company at the Star. During October the Allen Company presented "Monte Cristo." .in which Mr. O'Neill appeared at the Heilig last week. He has been starring in the play for a quarter of a century and .his name Is Inseparably associated with the success of the piece. It appears that the adver tising matter used by the Allen Company announced the O'Neill version "presented by special permission of James O'Neill," the name of O'Neill appearing in very prominent type. " While here last week, Mr. O'Neill was informed of these facts and he im mediately placed the matter in the hands of Attorney Logan. Manager Erickson of the Star had the following to say re garding the trouble: "When we decided to present 'Monte Cristo' we ordered a large quantity of special printing, from Ackermann & Quigley, the lithograph house of St. Louis, ordering it according to their cat alogue. In this catalogue the name of James O'Neili was not mentioned with Monte .Cristo" paper. Hvhen the paper arrived at . the depot It came C. O. T. and had to be paid for before we could open the packages or examine it. After buying the paper we discovred that a considerable portion of it carried the ame of Mr. O'Neill, but not In such a manner as to lead the public to believe that the noted artist was appearing at the Star Theater for 10, 20 and 30 cents. Any blame should fall to the printing firm for using Mr. O'Neill's name on the paper." Houses Rocked as If by Earthquake Occupants of Dwelling; at EilRf of Kimt WnntilnBton Street Fill Flee In Xisht as Homca Sink "Willi Earth. PEOPLE living in the houses on the south side of East Washington street between East Ninth and East Tenth streets were awakened yesterday morning at an early hour by what they thought was an earthquake, as the buildings trembled and settled under them. They sprang out of bed in a hurry, especially the two families who occupied the third house from East Ninth street, as it set tled down several feet and was on the point of collapsing. The other houses did not settle much, but trembled slightly. These houses stand on high trestles and face East Washington street, where there has been an extensive fill of solid ground. Part of this fill becoming saturated with water, slid down and against the founda tion of the third house from East Ninth, pushing the supports out of line. The families of H. H. Smith and J. Crider occupied this one, and they were terribly frightened when the house went down. There was a sound of broken glass and straining timbers, and they did not ex pect to get out alive, but the house did not settle any further, and they all escaped as quickly as possible." At day light they moved. The foundations of the other fhouses do not seem to have been affected In the least. The bank caved down directly In front of the one occupied by the Smith and Crider families. This fill was made several years ago and had the appearance of being thoroughly compact. Dr. C. H. Raffety owns the dwellings. MARRIED AT HARRISBURG Dr. S. G. Slocum Weds Miss Virginia PeLano, of Tacoma. Dr. Samuel C. Slocum, of Portland, and Miss Virginia De La.no. of Tacoma, were united in marriage Saturday evening, December 15, at the residence of Dr. W. H. Dale, in Harrisburg, Or. The ceremony was performed by Rev. Mr. Lyons. Mr. and Mrs. Slocum left for Spokane and the Sound last even ing, and will not return until after the holidays. Until the completion of their new home, at Twenty-second and Kearney streets' they will stay at the Hotel Oregon. Dr. Slocum Is a native of Portland, and has resided here the greater por tion of his life. During the term of Dr. J. C. Zan as City Physician, Dr. Slocum acted as his deputy. Before he entered medical college he was an em ploye of The Oregonlan. Mrs. Slocum is a daughter of Captain George E. De Lano, of Tacoma. She is well-known in the fashionable set of the Sound City, and has traveled extensively. HUMIDORS . In hardwood, aluminum lined, keep cigars in perfect condition; we have a large variety. " Sig Sichel Co., agents Garcia, Mi Hogar and Lord Baltimore cigars. GRANTED MORE PAY Application 'of Switchmen for Increase Successful. DATES FROM NOVEMBER 1 Advance Is Four Cents an Hour on the Basis of a Ten-Hour Day. Other Kmployes Are Hopeful. Switchmen employed by the Northern Pacific, Northern Pacific Terminal 'Com pany, Southern Pacific and O. R. & N. have been granted an increase in wages, to date from November 1. The Increase was asked some time ago, but a decision has just been reached. It was agreed to date the advance from the time it was asked. , Switchmen will be advanced 4 cents an hour, on a basis of a ten-hour day, with half an hour's extra work to be recognized as overtime. Day foremen in first-class yards will be paid 35 cents, and night foremen 37 cents an hour. Day helpers will receive 32 cents and night, helpers 34 cents. In second-class yards, the scale is 1 cent lower." With the exception of clerks, all em ployes of the railroads have taken up the question of a raise in wages. Conductors and brakemen on all lines west of Chi cago are to ask for a 15 per cent advance. In asking for a raise all along the line, the men have the support of the organ izations of trainmen . on the Western lines. The. granting of the request of the switchmen for the increase "in pay is taken by others to mean that the desired increase of wages of engineers, which is now pending with the railroads in this state, will also receive favorable consid eration. SHOWS XOHTHWEST'S GROWTH Annual Keport of Northern Pacific on Passenger Business. The annual report , of the Northern Pa cific Railway, recently issued, shows in a striking' way .the growth of the Narth western states. The statistics on pas senger traffic illustrate how rapidly the states of Oregon and Washington have increased in population within the past few years. Passenger business out of Portland has almost doubled over the Northern Pacific since 1902. The increase amounts to over 80 per cent and is a more marked advance than is shown out of either the Puget Sound cities, , where Seattle has an in crease of about 50 per cent and Tacoma shows an advance of 75 per cent. The palm must be awarded to North Yakima, where passenger traffic has more than doubled since 1902. The figures for Lewiston show the business over the Northern Pacific the past year is twice that of 1902. Spokane's passenger busi ness shows an increase of about 90 per cent. The biggest advance In passenger traffic oh the whole Northern Pacific system .was . on. the West end. WIIXTAM SfMURltAY RETURXS East Taking Greater Interest In Coast Than Ever Before. William McMurray, general passenger agent for the Harrlman lines in the Northwest, returned home yesterday from Chicago, where he has spent the past two weeks in consultation with of ficials of the Harriman system in regard to the interpretation of the Hepburn Act. Legal talent of the Harrlman system re ported the latest views of the railroads on provisions of the act that have heretofore bothered officials in complying with the act. "The Middle West seems very pros perous now," said Mr. McMurray upon his return last night. "There is a large amount of inquiry about the Pacific Northwest and the railroad developments In this territory are being carefully watched. Apparently there is greater in terest In this part of the country than ever before." Claims on Xew York Property. NEW YORK. Dec. 20. Louis P. Kooken, of Philadelphia, through ennnsp here, served notice yesterday BUILDING shoes is like building anything else so far as quality and cost are concerned. If you give more days' service in a shoe and perfect shoe-making, you must have advantages over the other fellow. We are Specialists. That is to say, we have seven specialty factories. In each factory we produce a special grade of shoes. The workmen in that factory see only that grade hence become perfect operators on the class of shoes they make. Patriot " shoes are made in one of these specialty factories. They are not made along with cheap shoes. The workmen know noth ing but "Patriots" and they are drilled to one commands "Make 'Patriots' better every day." That's why Patriot Shoes 'Are Better." " MADE BV ROBERTS. 10HN50N A RAND SHOE CO. ST. LOUIS, MO. Sold in Portland By I CHICAGO gmBWIIUIIMtnMnHMMM'.HMIBIWHaMqMMM Whtriot I If SHOE FOR MEN 1 I' 3.BO $4.o 1 I THE CHICAGO 1 I F. D. SMITH, Mgr. J I 69-71 THIRD STREET. 1 FRIDAY SPECIALS On Sale All Day 39c Mf' 39c ROYAL DECORATED JARDINIERE I JUL Q XmJ Msg? 89c TINY JUNO ROCHESTER LAMP, FULL NICKEL STORE OPEN EVENINGS upon Corporation Counsel Ellison and Controller Mets. laying claim to the major portion of the property In up per Manhattan borough and the Bronx, the value of which runs up into the hundreds of millions. Kooken claims to represent many heirs of the origi DIAMONDS WATCHES RICH JEWELRY A call will convince you that onr stock of fine' diamonds, solid 14-k. gold jewelry, cut glass, fine umbrellas, silver toilet ware, tableware, opera glasses, fine hand-painted china, nov elties of all kinds, are most complete and extremely well selected. By comparing, you will be assured, that the Heitkemper prices are always moderate. The G. Heitkemper Co. 286 Morrison Street Don't fail to see our very large stock of diamond-mounted solid gold bracelets and engraved bracelets in elegant rich designs. Our line of gold-filled bracelets are unequaled anywhere. it Lowest Priced Jewely TWENTY-FIVE YEARS IN PORTLAND CONSULTATION FREE If your system is impaired in any way, come and have a talk with us We may be able to set you right again if we can cure you we would like to undertake your case. For many years we have made a specialty of MEN S DISEASES, and we know we can cure you, IP your case is cur able. Experimenting and theories are things of the past. Our treatment embraces the most modern and scientific principles, founded on years of successful practice. We cure by the latest and best methods known to medical sclene VARICOCELE or KNOTTED VEINS, BLOOD POISON, NERVO-V1TAL DEBILITY, BLADDER. AND KIDNEY TROCBLES, and all associate diseases ana weaknesses, with their reflex complications, Gonorrhoea, Gleet, Stricture and Weakness. We have cured thousands. If your physical condition is impaired, if your vitality Is assailed froni overwork and worry, if your system is tainted with disease in any form whatever. YOU OWE IT TO YOl'R SELP to seek and obtain restorative power at once. We Cure Skin Diseases, Blood Poison, Varicocele, Stricture, Nervous Decline, Gonorrhoea, Weakness and Diseases of the Kidneys, Bladder and Prostate If You Cannot Call, Write for Symptom Blanks HOURS 9 to 6. 7 to 8:30, daily; Sundays, 9 to 12. Consultation free. St. Louis MEar Dispensary CORNER SECOND AND YAMHILL STREETS, PORTLAND, OREGON. 89c nal patentees and grants made by Richard Ntcolls and Thomas Donga n. Colonial Governors. Never fall to cure sick headache, often the very first dose. This la what is said bv all who trv Carter's Little Liver Pills. Jewelers and Dia mond Merchants House for Fine Goods' We Cure Men - OUR FEE IS $10.00 Absolute Guarantee No Pay Unless Cured