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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 29, 1907)
'tttK JttOKiair O OREGONIAN, FRIDAY, MARCH 29, 1907. HEATED ARGUMENT DUNBAR CASE If Demurrer Is Granted. Mc Mahon Will Demand State .. Take Up Prosecution. JUDGE TO DECIDE TODAY Attorney Pulton Says State Has No Bight to Fees Dunbar Collected. If Not Dunbar's Go to the People Who Paid Them. 6ALEM, Or.. March 28. (Special.) An ticipating tbat the court will render an adverse ruling by. sustaining the demurrer of the defendant In the case of Sears vs. Dunbar, which was .argued before Judge Galloway this afternoon. Attorney Mc Mahon for the plaintiff has served a writ ten notice upon Prosecuting Attorney John H. McNary, advisJng him that In vent of the demurrer being sustained he should demand ' that the state be sub stituted as plaintiff Instead of Sears. In explanation of his latest move in the case, McMahon said that if McNary re fused, application would be made for a writ of mandamus to compel either iilcNary or Attorney-General Crawford 10 do so. The case came up for hearing before Judge Galloway this afternoon at 2 o'clock. The defendant was not present, elng in California, but was represented ty George G. Bingham, of this city, and Clyde Fulton, of Astoria. Mr. Fulton, in behalf of the defendant, 'fergued that the case comes within the rule laid down by the Supreme Court in 'the case of Sears vs. James and there fore Sears is not a proper party, and jplaintiff cannot maintain suit. , In reply McMahon admitted the rule in the 8ears-James case would probably be applied by the court to this case, bit he stated the demurrer filed by the defend 4ant placed him in the position of saying to taxpayers that he had 100.000 of their anoney, "but what are you going to do about It?" McMahon charges that defendant Is (hiding behind this ruling, .which gives protection to predatory officials and de nies relief to the taxpayers. Fulton claimed McMahon was playing to the gal leries for notoriety; that such remarks :were unprofessional and a disgrace to the profession. Ha claimed Dunbar had a right to the fees he had collected and that no lawyer could show where or how the etate could recover the fees collected. "If anybody recovers the fees." con-v xlnued Fulton, "it will be the individuals iwho paid them, not the state." McMahon replied that If the court sus tained the demurrer, he would see to' it that the state became a party plaintiff dnstead of Sears, and that the Supreme "Court would have to pass upon the merits of the case, free from technicalities. At the close of the arguments, which became quite heated. Judge Galloway an nounced he would pass upon the demur rer at 9 o'clock tomorrow morning. Attorney Fulton said in an Interview tonight: "'Sears has no more right to bring this suit than any other taxpayer. The Legis lature allows the payment of certain fees lor work performed, and the state cannot recover any money for the reason it is not the state's money." LOSES BY FAILURE TO ACT Mate Falls to Get Property Because It Procrastinated. OLYMPIA, Wash., March 28WSpecial.) By falling to "do it now," the state thas lost its right to escheat Seattle real estate. The case was brought by the At-itorney-General in the name of the state to eecheat property at Seattle, which Siad been sold in 1900 by Arthur Hamil ton to Y. Ota, a Japanese, and in 1905 sold by the latter to the World Real iKsLate Commercial Company, a domestic corporation. The court says that the etate could have caused escheat had it brought the action while Ota held title, s he, being an alien, could not under the constitution hold real estate. Now that the property has been transferred to a domestic corporation for value, the title cannot be disturbed. Jury List in Clackamas County. OREGON CITY, Or.. March 28. The panel of jurors for the regular April term of the Clackamas County Circuit Court, which convenes Monday, April 15. was drawn today, and the SI names em brace two capitalists, two millmcn, one merchant, one carpenter, one laborer and ?4 farmers. The panel follows: Geonr Randall. Oregon City; Mlk.-Dona-hxw, Cascade: John Robins, Canny; Levi Erb, KllHn; Fred Oerber, Harding; A. W. Al bright, Marquam: Sol Wheeler, Abernethy; tleorgs Laselle, Canemah; V. L. Mack. Canby; Horace "Williams, Oreg-on City; W. 3. Stafford, Oregon City; Jay BaJcer, Pleas tint Hill; Joe Ltutz, Oregon City; W. G. Wolf. Ktllln: Millard Crlsseil, Union; H. S. Gibson. Eaple Creek; W. P. Henderson. Highland: William Bear. Maple Lane; L. Toedetemler, Tualatin: George H. Gregory, Molalla: Harvey Everhart, Molalla; H. Ulankenshlp, Oregon City; V. Harris, Ore ton City; Ole Mlkkleson. Cascade: John UNIVERSITY OF OREGON DEBATING TEAM WHICH DEFEATED WASHINGTON t t J Johm C. VaaMa, "07. i - ? v - V J . t Jab 11 O. Vaateh, "07, leadr of Seattle last year, and holds an alumni Clmrenoe L. Whealdon, 10. first clear and eonciM argument. John R. Latonrena. 'OT. second tar 100S. He debated agausat Idaho Tracy. Bstaeada; A. P. Gribbls. Hacksburg; John Cole, Molalla; W. H. Smith, Abernethy;- Pat Finucane, Oregon City. GOOD ROADS AT ASHLAND City Council Buys Rock -Crusher and a Steam Roller.i - ASRLAXD. Or., March 18. (Special. A committee of the Ashland City Council this week closed the contract for the purchase of a ten-ton steam roller ud a complete up-to-date rock crushing out fit, and also secured an -option upon ' a road-grading machine. The price paid for the? steam roller is $3576. laid down in Ashland and for the rock crusher 2206 delivered In Portland. The city has on hand a campaign of per manent street Improvement work and this machinery, the best to be had In the market, will be used in the operations, which will begin as soon as it is re ceived and put In working order next month. - ' The Council has cited the owners of property affected to appear and enter any objections they may have to the paving with macadam of a section of the -business portion of the city reaching from Helman to Fourth streets, a distance of about seveq blocks. It is not believed that there will be any serious objections oftered by property owners who will be assessed with the cost, ' and that the work will be carried forward without delay. A rock macadam with a good founda- UNIVERSITY OF OREGON DEBATING TEAM WHICH 7 ;i tip? r ffg?' 'W Francis T. Galloway, '07. Francis V. Galloway.' "07, leader of the negative. Is 23 years old and has won honors both In debate and oratory, having debated against Idaho and having represented the University for two years in succession at the state contests. Jesse H. Bond. '09, first colleague, la 20 years old. He has been a prominent society debater and Is working his own way through college. ; ' Thomas K. Townsend, '09, second colleague, is 23 years old. He has taken a prominent place In the Laurean Society and is one of the editors of the Oregon Weekly. tion Is contemplated to which a top dressing of some sort of asphalt may be added later, if desired. EASTERN OREGON CITY WANTS FAVOR FROM RAILWAY. Local Shipping Bureau Will Be Or ganized and All Complaints Sub mitted to Commission. BAKER CITY, Or., March 28.- .Spe cial.) With a view of taking up a fight for terminal rates for Baker City, the Merchants' Association ' has ap pointed a committee to plaft the organ ization of a local shipping bureau. The committee la meeting with marked suc cess, and the bureau will be estab lished within a short time. This bu reau will be under the management of a rate expert, who will compile local complaints against the railroad and put them into shape- to submit to the State Railroad Commission. ENGINEERS TO ARBITRATE Threatened Steamboat Strike IB LJkely to Be Averted. BEATTIB. Wash.. March -28. After considerable discussion, the Marine En gineers' Beneficial Association tonight agreed to arbitrate the question of wages with the owners of Puget Sound steam boats. The owners suggested the appointment of a Joint committee, which. It is hoped, will arrive at some satisfactory conclu sion of the wage question and avert the threatened strike. Library at South Bend. SOUTH BEND. Wash., March 18. (Special.) A movement is on foot to establish a free public library in this city. Already several hundred dollars have been subscribed and the Council will be petitioned to 'take the matter up at the next meeting. Sidney Salisbury Dying. ' SAN FRANCISCO, March 2S. Sidney Salisbury,- son of Monroe Salisbury, one of the best know horsemen In this coun try, Is in a dying condition at a local hospital from asphyxiation as a result. It is said, of an attempt to commit suicide. John JC lAtonnOe, 07. t A " 4 Y f: " Uls sjnrmflbtlv temm, ts 93 ytfars ld Be Isd tl team that defeated Washington a t debate medal aa the best all-round debsuter In eollege. . colleague, has had a large experience in deflate at Pacific College and has ability Is oolleagne. la well Immni as the -smrstty fsottall eaptaia an Mortsnres ejosoptarBack mat year. TO HOIViE COMPANY Telephone Contracts Awarded Opposition Line. CONTEST IS A WARM ONE Farmers at Oregon - City Dicker All Day With -Long-Distance Tele phone Companies' Before Ac cepting the Terms Offered. OREGON CITY, Or., March 28. (Spe cial.) In a warm fight today between the Pacific States Telephone & Telegraph Company and the Home Telephone Com pany for the business of - the farmers' mutual and independent systems of Clack amas County, the committee of delegates I from the several lines recommended that -, Jesse A. Bond, '09. the proposition of the latter company be accepted. x This was accomplished only after a meeting that tested part of this morning and all the afternoon, and the companies that are now tied up with contracts to the Pacific States Company are not In cluded in the deal, for their rates of exchange are only $1 per year for each member, and in many instances the com pany furnishes the operator at the switch board. This company made a proposal for a three years' contract, with free service between Oregon City and the country for the first year, and ,1 per year thereafter. The Rome Company's proposition was for free service for any period from one to five years. The telephone war in Clackamas County has been in progress for several months. The Molalla, Beaver Creek. Canby. New Sra, Marquam. Needy and Clear Ceek mutual lines are connected with the Ore gon City & Farmers' Independent Tele phone Company, which was recently ab sorbed by the Home Telephone Company, and their contracts expire April 1. The Unes running from Clackamas. Mllwaukle. Damascus, Boring,, CentraJ Point and West Oregon City are con nected with the old company, some of the contracts running until October, while others expire in June. The stockholders of these lines have a good proposition and were not willing to change so long as their contracts were in force, but the other lines are free to act and believed that the encouragement of competition should be sustained. Manager J. H. Thatcher, Judge Charles H. Carey. George Hall and Mr. Gregory, of the Pacific States Company, and Pres ident Robert Tucker and J. H. DeCarney, of the Home Company, were present at the meeting. CAN'T BRIDGE THE "TIEVOTE Salem Board of Education Unable-to Fill Vacancy. SALEM, Or., March 28. (Special.) A factional fight over the election of a school director developed today In the efforts of two of the members of the Board of Education to postpone the election- of a successor to fill the va cancy caused by the resignation of Hamilin Smith, who moved to Van couver, Wash. Arrayed on one side are C. H. Epley and A. A. Lee; on the other W. H. Byrd and E. M. Crolsan. At several meetings held to decide the matter nu merous ballots resulted In a tie vote every time, for the Immediate election of a new member Is to postpone the matter till the June election. The matter has reached a critical stage, and Superintendent of Publio Clueaoa ,1.' WhesJdon. '10. L S.? ,f -J Instruction Adkerman was consulted. He rules that according to the law the election of a director to fill a va cancy cannot be deferred, but the board must nil the vacancy at once. The agitation has aroused widespread Interest and the outcome is being closely watched. JUNIOR BULLETIN IS OUT Publication of 42 Pages issued at University of Oregon. UNIVERSITY OF OREGON, Eugene, Or., March 28. Special.)-The annual Junior Bulletin, published and edited by the class of 190S, has just come from the printer and is ready for distribution. The Bulletin contains 42 pages of reading mat ter, with half-tones of President P. L. Campbell, the various literary organiza tions, clubs, fraternities, sororities, ath letic teams and campus views. -The out side cover design was drawn by Miss Leone Kays, and the cartoons by J. C. Veatch and LeBoy Kerns, James Cum min g, of Baker City, edited the Bulletin and William Barker, of Astoria, was the manager. A thousand copies were dis tributed among the high schools of the state for the purpose of familiarizing high school graduates with student life at the university. Child Killed by Train. SPOKANE, Wash., March 28. (Spe cial.) A Northern Pacific freight train DEFEATED IDAHO Thomas R. Townsesd, 06. ran over and Instantly killed Orval Adams, aged 3 years, son of John D. Adams, at Hatton,- Wash., this after noon. No one saw the accident. BUILD RAILWAY TO MINES PIANS . PERFECTED FOR LINE FROM MEDFORD. Bine Ledge Company Proposes to Solve Its Own Transportation Problem Rich Ore in Sight. MEDFORD, Or., March 28. (Special.) It is reported upon good financial author ity that the Blue Ledge Mining Company has perfected plans for building a rail way from Medford to Seattle bar, near the company's properties. The line will ba about 30 mites In length, and when completed will enable the different mines In that district to ship In the necessary machinery and market their ores. The Blue Ledge Company has over 1,000,000 worth of ore on the dump and over 12,000,000 more in sight. The Joe Creek properties adjoining the Blue Ledge and the Bloomtield, also under ex tensive development,' are fio less prom ising than the Blue Ledge. ' and, to gether, form the richest group In xhls section. The Medford coal mines, also owned by the Blue Ledge Company, will be reached by the proposed railroad. RIGHT OP WAY DOWN SNAKE Oregon Snort Line Attorney Is Clos ing Deals. BAKER CITY, Or.. March 88. (Spe cial.) Judge Parley L. Williams, general attorney of the Oregon Short Line at Salt Lake, was here today to adjust right of way matters for the Snake Riv er Railroad. When asked regarding Na tional matters, he said: The whirlwind may soon blow over. Roosevelt is to be admired for his energy in many directions, but he has gone too far in attempting to eliminate Btate lines and establish supreme Federal control of railroads and other corporations. It would lead to monarchy, which the people would not stand. As to the different State Railroad Com missions, if the members of the Commis sions only knew anything about rai roads It would be different. Even the Interstate Commerce Commission, In ex istence a quarter of a century, has little knowledge of the details of traffic and tariff-making. Time iwill even all things." Oppose Electric Lino Franchise. SOUTH BEND, Wash., March 28. (Spe cial.) The question of granting a fran chise to the South Bend-Raymond Elec tric Company for a streetcar privilege between the two towns comes up next Monday night before the Council. ' There is considerable opposition, to granting the franchise. l ' . - , j M t ft fi - - - .s 1 I f s ' tin f ifk jnar rs v-rs NilUFC Mother's Friend, by Its penetrating and soothing properties, allays nausea, nervousness, and all unpleasant feelings, and so prepares the system for the ordeal that she passes through the event safely and with but little suffering, as numbers have testified and said, it 13 worth ks weight in gold." $ 1.00 per bottle of druggists. - Book containing valuable information mailed free. - TOE E&tfinCLD REGULATOR CO AtUata. Gtv QREGONW NSTWICE Debating Teams Defeat Idaho and Washington. IDAHO WINS AT SEATTLE Triangular Debate Last Night Re sults in Two Victories for Oregon, One for 'idaho and Utter De feat for 'Washington. WINNERS !' 1008-7. 1007 Oregon defeats Washington and Idaho; Idaho defeats Washing ton. 1900 Idaho defeated Oregon and Washington; Oregon defeated Wash ington. Oregon's present victory over Washington is the third in succes sion. UNIVERSITY OF OREGON, Eugene, Or.. March 2s. (Special.) In the second debate series of the Triangular State League, the Oregon debaters defeated the team from Washington by a decision of two votes to- one. The feature of the de bate was the remarkable rebuttal work of Oregon's veteran debater, John C. Veatch.. He was the last speaker upon the affirmative and rescued Oregon from apparent defeat, his telling arguments making frequent hits with the audience. The question debated was the fifteenth amendment, and the second section of the fourteenth amendment. The affirma tive argument as presented by Clarence Whealdon for Oregon was that it was not proposed to remedy the negro question by legislation, but to repeat an amend ment which produced bittern esn and failed to prevent negro disfranchisement. Latourette contihaen for Oregon, show ing that repeal would not disfranchise the negro, for the Southern Btates would do justice to worthy negroes, and Veatch closed for Oregon by showing the fifteenth amendment to be responsible for lawless ness in the South, because the disrespect of oSe law meant disrespect for all law. The negative argument, opened by Hawes, pointed out that the second section of the fourteenth amendment assumed the state's right to limit suffrage, while the fifteenth only prevented discrimina tion. Hall followed in an attempt to show that the fifteenth amendment is the only protection of the negro, and Rasmus sen finished an able argument against the repeal of the second clause of the four teenth, proving himself the ablest de bater of the visiting team. The judges were Dr. S. R. Johnston. Portland; Judge M. C. George, Portland, and J. K. Weatherford, Albany. DECISION IS UNANIMOUS. Oregon Trip 'Wins Hard-Fonght De bate With University of Idaho. SPOKANE, Wash., March 28. (Special.) Oregon, by unanimous decision of the judges, won the second of the triangular debates between the Universities of Ore gon, Washington and Idaho. The debate toniirht was between Ore gon and Zdatio, at Moscow, Idaho. The question was: "Resolved, That the fif teenth amendment and the second sec tion of the fourteenth amendment to the Federal constitution should be repealed,' With the provision that the difficulty of appeal is not to enter into the discus sion. Idaho supported the affirmative. The Idaho team 'was James H- Frasier, Thomas C. Oalloway and- McKeen S. Morrow. Oregon had the negative, the team con sisting of Thomas Townsend, Jesse H. Bond and Francis V. Galloway. The Galloways, on of whom was on each team, are cousins. The judges were Superior Judge Miles Polndexter and W. H. Winfill, both of Spokane, and Rev. T. V. Baer, rector of the Moscow Episcopal Church, in which the debate was held. Perhaps the clean est argument of the evening was tbat of Oalloway, of Idaho. The contest was close, but the decision was earned. Idaho Wins at Seattle. SEATTLE, Wash., March 23. (Special.) The University of Idaho won the debate tonight on the negative of the question that the 15th aJnendment should not be repealed, defeating the University of Washington by a vote ot two to one. TROUBLES OVER REGISTRATION Boise Man Gets Name on List Twice and Is Arrested. BOISE. Idaho. Marchi 28. (Special.) Two arrests were made this evening on charges of illegal registration. One man was William L. Barnes, a resident of the city, who registered by mistake In the wrong precinct and on the advice of the registrar went to his own precinct and registered again. It being understood, ac cording to a statement of the man and the registrar that his name would be taken off from the wrong list. The other man is Peter Johnson, who came here from Goldfleld a few days ago. but claims to have a legal residence -here. His case looka somewhat suspicious. These ar rests were made by Chairman Klnyon of the citizens party committee. He promises 40 more tomorrow. RltzvlIIe Woman Killed by Train. SPOANH, March 28. Mrs. Allen J. Savage, aged 65, of Ritzville, Wash., was Instantly killed shortly before noon today by being struck by the west-bound North Coast Limited on the Northern Pacific, about one mile west of Ritzville. Mrs. Moses Holland, aged S5, was fatally in- . Is to love children, and no home can be completely happy without them, yet the ordeal through which the ex pectant mother must pass usually is so full of suffering, danger and fear that she looks forward to the critical hour with apprehension and dread. mm Hiiij -For Habitual ana APENTA THE BEST NATURAL PURGATIVE WATER. ORDINARY DOSE. A Wimgitusful before Breakfast. The good effects of Apeata Water are maintained by smaller and steadily diminishing does, repeated for successive days. SPARKLING APENTA (NATURAL APENTA CARBONATED IN SPLITS ONLY. A Refreshing tai Pleasant Aperient for Morning Use. Sole Exporters: THE APOLLINARIS CO., Ltd., London. Jured and is not expected to live through the day. The two women were driving across th track Which runs iri a deep cut and It Is thought they did hot see the train. The buggy was demolished, but the horse was uninjured. The women are wives of prominent Ritzville citizens. Court-Martial on Captain Swift. NORFOLK, Va.. March 28. The trial by court-martial of Captain Swift, of the battleship Connecticut, for alleged neglect 01 duty resulting in the grounding of the vessel oft the coast of Culebra, Is in progress on board the Connecticut in Hampton Roads and is believed to be rapidly drawing to an end. A large num ber of witnesses have been examined. The verdict will not be made public until given out from the department at Wash ington. Canoeist Drowned In Bay. VANCOUVER, B. C, March 28. While canoeing at. Cartwright Bay, Broughton Island, Monday, Bert Cook and it compan ion capsized. Cook was drowned. The body was brought down on the steamer Cassiar this morning. Make Fortune in Nine Years. SOUTH' BEND, -Wash.'. March 88. (Special.) The Chandler Mill Company of Lebam. has sold Its plant to the f - t For wen W,Tf A J I $4-oo frl l 1 The " Patriot " Shoe for men is made I- I ' ' I over foot conforming lasls. In the Patriot " Jt ,W J "v 4 1 m) you get- style and service tai a shoe thet J r fits and does not hurt. Why suffer with JiJrt!is I I your feet when yon cm get comfort? fw-nafJFfP: ' 1 I The "Patriot" Shoe is a Goodyear Ey " A Welt, which means no wax or tacks V ;erff. - ' --2 I J to irritate the foot. f ' w N ' -gr... I I They are made in fifty- Jr jir one different styles. Jf': i' ' ''0 I Have invieiblo jgK " ' 1 cork soles to keep f " ..:"" MMhekml kv out dampness. ' ' aia" Roborlt, Jolmioe & Rm S1m C I St. UM. Me. I Q re".'1 jhe CHICAGO, J When you go East, take the train that insures you a pleasant trip : the Golden State. Limited Daily -from San Francisco and Los Angeles via El Paso to St. Louis and Chicago. Over the lowest altitude route. Drawing-room, compartment and regular section sleeping cars. Diner all the way. A barber, a library and current magazines. Llbrary-btiffet- observation car for your entertainment. observation car J lr J.flltilf i&&SB C. A. HUNTER, Gen'l Aenli 140 3d St.. Portland. W. F. CARSON, Trav. Pass'r Agt., 301 Alaska Bldg., Seattle P. W. THOMPSON, Gen'l Western Agent, San Francisco. INVESTIGATE THIS OFFER It Is Bona Fide . ... . No Strings Attached to It The Daily and Sunday Oregonian, one year, $9.00. A $25 Talking Machine and sit records, or a $25 Violin, bow, strings, case and rosin, all for $25.65. In other words, you get $37.60 worth of values for $25.65, paid for in very liberal weekly installments. This is an extraordinary proposition, and if you want all the news, home and foreign, before breakfast every morning, and a fine musical instrument to furnish entertainment for the entire family, you can not afford to turn it down, without a careful inquiry into the merits jf the offer. EmiRS PIANO HOUSE PAKX AND WAf HINGTOir PRIVATE EX. 23 Obstinate Contftpatlon. ALSO Creech Bros., of Raymond, for $90,000. The two Chandlers came to this county nine years ago. and from a timber claim Worth perhaps (1000; they built up the business to the present value. Boy Burglars Still in Jail. HOQUIAM, 'Wash..- Maroh 28. (Special.) The hearing of Edward Ellingson and Joe Dune for burglary was postponed until tomorrow. Marshal McKenney making another trip to Gray's Harbor in search of another one of the gang, in his confession Ellingson said he and Dune were alone in the deal. No effort has been made - by the boys' parents to get bail for them and they are still at the City Jail, Poisoned by Bating Oysters. iDRAIN, Or., March 28. (Special.) Las night two young daughters Of William Cary, of this place, were taken dangerous ly ill from ptomaine poisoning caused by eating canned oysters. An older sister would have been poisoned also, but, not ing a peculiar taste, she refrained from eating them. Spend His Life in Prison. COLvTLLH, Wash., March 28 (Special.) J. P. Adams, who murdered Gus Carl son, a Marcus saloonkeeper, has been sen tenced to life imprisonment. The jury's verdict was murder in the second degree. q " We voted the Golden State Limited the most home-like train we had ever used" A patron. THE ORE GO NT AN MAIN 707 : BOOM 20