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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 13, 1907)
THE MORNING OREGOXIAN, SATURDAY, APRIL. 13, 1907. 11 TAKE HARD RAP AT FREE WATER PLAN Council Committee Objects to Having Amendment on Of ficial Ballot. CHARGE FRAUD AND DECEIT Ticsolution Passed Reflecting on Those Responsible for the Meas ure Because It Removes the Bridge-Building Tax. With the declaration that the members rf the Council were victims of deceit and misrepresentation when they ordered the free-water amendment placed upon the ballots for tho coming June election the etrret committee yesterday afternoon re commended to the Council a resolution directing the City Auditor to withhold the measure from a vote of the people. Peven of the members of the Council were present yesterday at .the committee meetinsr and as the vote was unanimous the resolution will unquestionably be adopted by the Council Wednesday after nnon. The resolution which Is replete with strong terms gravely reflecting upon those responsible for the amendment recites that the Council when it ordered the intendment placed upon the ballots be lieved that the purpose of the amendment was for the regulation of the Water De partment but that Its members did not know that the measure would do away with the special tax for bridge build ing. The portion of section 114 of the charter, which provides for the levying of a 2-mlll tax for a bridge fund, is emitted from the free-water bill. There fore If this measure were enacted there would be no authorization for the build ing of bridges by general taxation. "The resolution submitting said so called free-water amendment was adopted under a mistake as to the extent of its provisions." . says the resolution, "and under deceit practiced upon the Council by at least one of the principal pro moters." Slap at Mr. AVaguon. The reference to one of the principal promoters is directly aimed at H. D. "VVagnon who is the father of the amend ment Mr. Wasnon and his attorneys ap peared before the Council several times when It was urged that the amendment be submitted to a vote of the people but the 'ouncllman declare that not until re cently did they know of the omission of "the portion of the charter leving a tax for bridges. Nearly all of the Council men are very Indignant and declare that xross misrepresentation was perpetrated upon them. "Not only the members of the Council but the people have been shamefully im posed upon." declared Councilman Mene fee. who introduced the resolution, yes terday after the meeting. "Dirty tac tics have been pursued ever since the movement first started. Not one of the Councilmen knew of the omission of the provision regarding bridges and T do not believe that the people who signed the petition knew of the full Intent of the amendment." The members of the Council were never favorably impressed with the free-water bill. However, after several thousand names had been secured for Tho petition end it was discovered that the petition was Irregular they consented to do the 'fair thing by the petitioners and ordered the amendment placed on the ballots. They acted in recognition of the several thousand petitioners and not because they were Impressed with merits of the amend ment. They are most emphatic In the declaration that they were led to be Jleve that the amendment was Intended only for the regulation of the Water Department. ' Omission Not an Oversight. Mr. "WaBTion has declared that the emission of the section of the charter In the amendment was not due to an oversight but that it is intended by those who are supporting the measure to 'chsnre the method of raising money for bridge construction as well as to revise radically the water system. He hss paid: "We consider this feature of the charter bad and have drawn our bill to eliminate it." "He thinks that bridges should be constructed by district assess ment. The legal question whether the Council lias the right to prevent the amendment from going to the people now that it lias been ordered by the Council arises. it v Attorney McNary thinks that now ns the City Auditor has received authority nd direction from the Council that he has thv power to withhold the measure. A bitter contest will undoubtedly be fought out between the Council and Mr. Waimnn nl It Is probable that the 'natter will be taken into the courts for ad Indication. There was but little discussion when the resolution was passed yesterday after noon as those who attended had pre viously made up their minds. Council nan Boothe thought perhaps the word "deceit" should be left out of the resolu tion but did not Insist. Those present were: Annand. Poothe, Kellaher, Mcne fee. Wallace. Wills and Vaughn. The following is the resolution: The Resolution In Full. Wherfjw, st the meeting of the Council of ih City of Portland he.! o Acril 1. 190T. the OeuntHl rPSed . resolution mibmiWinir to the vote of the Weetors of th. City of Portland St. the geners.1 elecMn to be held on the flrwt Monday of Jure. 1P7, a proposed amendment to section 114 of the charter of said city, fcuown J the W'ajrnoB or fre-water amend xiiTt, and Whereas, at the time of the puamce of the ssid resolutitt the Council was acting under the belterf that said rejMlution was prepared In icood faith and for the purpose only of tn.klnfc a etaarore and alteration In th manner and system of contacting the water depart ment of the City of Portland, snd In the mat tr of water supply, and without any knowl ettee or Information that Mid amendment as jrpo?ed irould repeal and. tnvaMdate that por tion of section 114 of the charter enarted by the legislative Assembly In the year 1P05 and ratified by the people of the City of Portland at the general election In .Tue. 1105. pro viding for a tax levy of not to exceed 2 mllla on the dollar of all taxable property, both rI and personal, subject to taxation, for the purpose of meeting the cost of bridges across gulches and ravines in the City of Portland, one of whlcti bridges la now uadar course of construction, anil two of wtwch plans and entlncatlons are now being rrepared for the construction of. all of which will ba paid fnr out of the emld special brldigB fund, but cannot be so constructed or paid for In case said proposed amendment to section 114 la adopted by the electors of the city on. the first Monday tn June. 190T; and Deceit Waa Practiced. 4'hereaa, said resolution submitting said so called ' free-water amendananc waa adopted tinder a mistake as to the extent of Its pro .tons. and under deceit practiced upon tha Council by at least one of tha principal pro moters thereof: and. Whereas. It la the belief of tha members of tha Counoll that a large portion of Uh. sig natures to the petition for such amendment wan obtalnvi uader deceit ud mlsrepreaea-j tation as to the full effect of said amendment, or at least without knowledge on the part of the signers thereof: and. Whereas, the best Interests of the City of Portland' and the residents thereof would be greatly injured by the adoption of said pro posed amendment; now. therefore, be It Resolved by the Counoll that the Auditor of the City of Portland In preparation of the ballots for use at the city election to be held on the flrst Monday in June, 1907, be author ised and directed to not place upon such ballot or submit to the electors for their vote there on, the said proposed amendment to section 144 of the charter of the City of Portland known as the Waajnon or free-water amendment. "Baby Act," Says Wagnon. "The members of the street commit tee are playing the baby act," said H. D. Wagnon last night. "I don't believe that the Council will adopt the resolu tion, and if it does, why we shall carry the fight Into the courts. The Council can't stop us, and If they want a fight, let them begin. Their acf was one of cowardice. "Of course the Councilmen knew of the omission of the part of the charter regarding bridges. Are they so Ignor ant that they do not know what the charter provides? They were all fur nished with copies of the bill. They had every opportunity to look into it and there has been no misrepresenta tion on our part." IMPROVEMENT HANGS FIRE Council Committee Wrestles With East Glisan-Strcet Opening. Bast GUsan street was up again before the street committee of the Council yes terday, but the question of whether the street will be 60 feet wide or 80 feet wide is still unsettled. The property-owners who are opposed to an 80-foot street pre sented a petition containing the signatures of a majority of the property-owners on the street, but another petition filed con tained the signatures of the different per sons who possess a large majority of the frontage of the street Several hundred property-owners In all attended the meeting, but as the commit tee heard all the arguments pro and con two weeks ago they were given but little opportunity to talk. The committee will consider the petitions and then come to a decision. It is proposed to extend Bast Olisan street ana make It a 60 or 80-foot thoroughfare from either Grand avenue or Twelfth street to the city limits, a dis tance of about four miles. The committee passed a resolution au thorizing the parking of four feet on each side of Johnson street from Fifteenth to Twenty-fifth street. A petition has been presented asking that ten blocks be Im proved with hard-surface pavement and the resolution yesterday was the pre liminary step taken to effect this Im provement. A remonstrance against the improve ment was read and action was deferred until members of the committee have a chance to view the street. W. B. Ayer spoke in favor of a hard-surface improve ment, and Earl Bruno represented property-owners who were opposed, to it. Mr. Ayer said that other streets in that por tion of the city will probably be improved with hard-surface pavement. t The Sellwood gas franchise asked by J. M. Nickum came up and was referred to City Attorney McNary. who will embody amendments to more fully protect the city. The committee raised the bond re quired from $5000 to $10,000. The committee has virtually gone on record as favoring the franchise and there Is little doubt that the franchise, which Is for 35 years, will be granted. WILL BUY HORSES ABROAD Pendleton Breeder to Bring 100 Stallions From Europe. A. C. Ruby, of Pendleton, one of the best-known horse breeders of the state. Is at the Perkins Hotel with his family. He ifi here for only a few days, and will go to California and later to Pennsyl vania, leaving" his family there to visit relatives while he goes abroad on a horse buying trip. While in Europe Mr. Ruby will purchase a large consignment of thoroughbred animals, probably 100 or more in number, Including Percheron, Belgian, Knglish Shire and German coach stallions. The shipment will proba bly arrive in Portland some time in July, and will be distributed from this point, the animals being sent to various branch studs in Oregon and Washington. Mr. Ruby came to Pendleton In Novem ber, 1904, with a shipment of 33 imported stallions, and since has made six trips to Europe, bringing to the lTnlted States, in all. 1S4 head of horses. lie has sold his animals at stood prices, and has done much to Improve the stock of Oregon and Washington by his iiportatlorts. Mr. Ruby is a director of the Commer cial National Bank at Pendleton, and rep resents a type of the business man who is always welcome In any progressive community. Copper Cent of 17 83. nURIvr-.E. Or.. April 9. (To the Editor. In a recent Issue of The Oregonlan I saw a statement that there is owned in Tortland a coin of the date of 1795. I can go this one better as 1 have a United States copper cent of the date of 17S3. THOMAS KT.I.S. DIZZINESS Relieved by Simple Chancre of Food. A very common cause of dizziness is the poisonous material that results from im perfect digestion. When the stomach is unable to digest the food because of Its being eaten too fast or because it i of the indigestible sort, part of It lies In the stomach and ferments, producing gas and bacteria. These bacteria (microbes) then manu facture more or less poison which is absorbed Into the Mood along with what little food is already digested, and the result is a bad headache, lrritabilltv dullness of intellect and lack of energy. Don't get into the habit of taking medicine for such a condition, or if you've formed the habit, quit It. Tjook to your food as a New York man did. He says: "For six years I suffered with acute attacks of Indigestion and dyspepsia, which usually afTected me directlv after eating or within an hour. I would be come dizzy with a sensation of being about to faint. "These attacks usually lasted two or three minutes, sometimes accompanied with vomiting. (The effects of poison pro duced by undigested food and bacterial. Between these acute attacks I suffered much pain from indigestion and bloating. "I tried about every known remedy for my troubles but got only temporary re lief. Then I tried Grape-Nuts. This food certainly commends Itself to a delicate appetite with a gentle persuasiveness that is peculiar to itself. "Grape-N'its food agreed with me from the flrst. I am now entirely cured and 1 most heartily recommend it to all who suffer from stomach trouble. "The nutritive value of Grape-Nuts is shown by the fact that, as an Electrical Machinist I eat nothing but Grape-Nuts and a piece of toast for breakfast, then keep on my feet all day without exces sive fatigue. "I consider this food has more hard work in it: more strength-giving qual ity: more satisfaction to the eater, and more every-day health, than any other cereal food made today." Name given by Postum Company, Battle Creek, Mich. Bead the little book. "The Road to Well ville," In pkgs. Tb.ere'a a Reason,"- BOYCOTT THE OAKS Federated Trades Act Against Amusement Resort. PLANNED TO AID CARMEN Strike Leaders Aim Blow at Com pany, Expecting: to Make Opera- tion of Place Unprofitable the Coming Summer. The Oaks was placed on the "unfair" !ist by the Federated Trades Council last night and it was decided to conduct a boycott against tho Portland Railway, Light & Power Company to the extent that union laborers and their families will no longer patronize the street railway company in reaching that resort. This action was taken by the Council at the request of the Carmen's Union, which re cently withdrew its demands for a gen eral boycott against the electric com pany. When the boycott against the Oaks was first proposed, a committee was appointed to investigate the extent to which the streetcar company is Interested In this property. It was ascertained that the re sort is conducted under a lease by pri vate persons, while the concessions are owned by persons not connected with the company. This report was made at last night's meeting but the council decided that the interests of the company would be crippled materially by withdrawing the patronage of union people from its cars in going to and from the resort. The plan to establish in Portland a branch of the National Industrial Peace Association was discussed, but the pro ject was not indorsed. The operation of the scheme will be watched by the labor organizations and if it proves a satisfac tory agency in adjusting disputes be tween employers and their employes, it will be approved. "We seriously question the expediency of any peace commission under the plan proposed." said P. McDonald, secretary of the Trades Council, last night. "Pub lic sentiment Is a good thing, but the boycott has proved the most effective "peace commission to organized labor." The unfriendly position of a Portland evening paper towards the proposed free water amendment to the city charter was denotinced in a resolution which was unanimously adopted as follows: Whereas, there bas been a determined ef fort on the part of th Portland Dally Jour nal to deceive th voters of this city a to the effect of the free water amendment to the City Charter, even going to the length of deliberate misrepresentation; and Whereas, the said Dally Journal, flndinjc aurh tactics unavailing now demands that the 'Olty Council shall not permit the people to pass upon the measure, even counseling repudiation of a lawful act. and the commis sion of a crime against the wishes of the people as expressed in the petition: and Whereas, there has been no effort at secrecy In the manner of petitioning or pre senting the said free water amendment, every Councilman having been furnished & printed copy of said amendment ten days previous to the time of final action; be it Resolved, that we denounce the course of the Daily Journal as being unfriendly to the Interests of the common people and as being un-Democratic, un-American and proving It to be a. mere tool and organ of plutocratic wealth; Resolved, that v call upon the City Coun cil to respect the wishes of the free water petitioners to sustain Its original action lit placing the charter amendment upon the ballot and leave the question tn the bands of the people to decide; Resolved, that a copy of these resolutions be sent to the City Council and to the pres8 of this city. WORK WILL NOT CONFLICT Government and State Food Labora tories to Assist Each Other. The establishment of the new Govern ment food laboratory in Portland will not Interfere in the slightest with the work of the State Dairy and Food Commissioner. J. W. Bailey, but on the contrary, will be of assistance to him in his work. The Government will have to do strictly with interstate business and in Mr. Bailey"s case he has to,, do only with home pro ducts intended for consumption In- this state. The two will work together har moniously and will be able to lend assist ance in the way of mutually reporting violations of the law. The purpose of the Government food laboratory, as explained by Bailey, is to test products and drugs on sale imported from other states, not to furnish tests nor certify to contents of packages to be mar keted by canners and packers. This branch of work is distinctly different from the work of the laboratories maintained by the Marine Hospital Service, work of which is biological, whereas the work of the other is purely chemical. There will be, under the requirements of the increased work of the Chicago bu reau, some 20 branch' laboratories insti tuted throughout the country and of these new ones two will be in the Pacific North west. Inspectors will also be appointed to detect impurities, secure samples, and turn them in for analysis. Commissioner Bailey and his assistant have all they can do in the way of watching out for foods produced and of fered for sale in this state, and it is to the credit of the state to have it reported from the laboratory that no alarming de parture from the law's requirements has been discovered for several months. PATIENT JUMPS TO DEATH Delirious Japanese Leaps From a Window in the Hospital. J. Ktda, a Japanese until recently em ployed by the O. R. & X. Company as a laborer on the line at Blalock, Or., was suddenly seized with delirium in the Ori ental ward of St. Vincent's Hospital at 3 o'clock yesterday afternoon and leaped from the railing to the cement floor, three stories below. He received Injuries from which he died an hour later. Coroner itnley investigated the case and found no one to blame. No Inquest will be held. The patient was under the care of Dr. Frank Taylor, and was thought to have had typhoid fever. He was admit ted to the institution two days ago, and was pronounced by the attending phy sician to be Improving. He was aged 3fi years. Upon examination It was found that the rip'nt arm alone waa broken. Y. M. C. A. Students' Conference. The fifth annual Northwest Students' Conference of the Y. M. C. A. is to be held in Gearhart, June 15 to 24. StudentR from all-parts of the Pacific Northwest to the number of about 100 will be in attend ance. Fred B. Smith and Charlfcs D. Hurrey. secretaries of the International committee of the T. M. C. A., will be in charge of the arrangements. Among the speakers will be President Penrose, of Whitman College, Walla Walla. Wash.; John M. Dean, pastor of the Tabernacle Baptist Church of Seattle, and a number of other prominent ministers of the Northwest. Harry F. Henderson, student secretary of California, will also be pres ent. During May he will visit the colleges of the Northwest. The best spring medicine Is Hood's Sar saparllla. because It purifies the blood. So Circes ciew UNDER AUSPICES M. A. AC. and Third Regiment At The Armory Tenth and Couch THURSDAY FRIDAY SATURDAY ( rmi At The Armory Tenth and Couch APRIL 18 19-20 Seats on Sale TODAY at 10 A. M. Sherman, Clay & Co., Sixth and Morrison ATTORNEYS CLARK AND MALAR KEY GRILL EACH OTHER. Torrid Exchange of Personalities in Arguing Personal Injury Case Before Circuit Court Jury. A personal and vindictive combat be tween opposing counsel marked the clos ing arguments before the Jury in the R.oss damage suit case against the Portland Railway Company yesterday afternoon, and as they did not finish until after 5 o'clock. Judge Frazer postponed his in structions to the jury until this morning. lawyer A. E. Clark's arraignment of Ijawyer D. J. Malarkey was returned by the latter lawyer with compound interest, and the spectators,, as well as the court officials, were highly entertained by the exchange of sarcastic epithets. "With the use of his limpid eyes." said Clark, "If the jury were composed of women instead of men, they would de clare a verdict for the plaintiff without further argument." He charged me with being an actor." said Malarkey. "but he has certainly missed his calling." Thrusts of this nature were passed be tween the attorneys, and Judge Frazer interrupted several times, saying that time was being wasted. DOCTOR IS OUT OX BONDS Insists That the- Operation He Per - formed Was Within Hie Law. Dr. C. H. Atwood, who was arrested re cently on a charge of performing an il legal operation on Hattie Fee, a 16-year-okl girl, was released yesterday on bail of -jfmn Dr. Atwood denies that his con duct was unprofessional, says that the medicine he gave the girl was within the provisions of the law. and states that, he could .not have done otherwise, as the examination did not show that the condi tion which the patient alleged existed. Another peculiar phase of the case, he says, is the fact that the girl's mother did not take her part, and that when she swore out the warrant a young man sup posed to be Miss Fee's sweetheart came to the office with her. He told the officer who accompanied him in securing the bail money that he did not fear the result. GRANDCHILDREN LEFT OVT Mrs. Bellinger Leaves No Provision' for Them in Her Will. No provision is made in the will of the late Serena Bellinger for the children of the deceased daughter Edith. The will was admitted to probate yesterday. C. A. Dolph. Rufus Mallory and James Sirnon are named as executors. The beneficiaries are the iour sons and daughters living, and the children of the son Oscar, de ceased. Mrs. Bellinger was the widow of Judge C. B. Bellinger. The farm known as the Knapp place in Clark County. Washington. goes to John Emmett Bellinger and Howard Bellinger. These two, with Daisy B. Knapp, Kate H. Morrison and the children of Oscar each get a fifth interest In the household property. Kate H. Morrison, Daisy B. Knapp and the children of Oscar also get a third of block SI. Holliday's Addition, and lots 1 and 7. in block 56 of East Port land. Tho money is divided equally among the four children and Oscar Bellinger's children collectively. GARRITZ IS STILL IX JAIL Will Not Be Committed to Asylum Till Judge Scars Returns. Owing to the absence of Judge Sears, who went to Salem yesterday to attend the funeral of the late Judge Boise, action in the Oarritz matter was postponed un til today. Attorney Watts, counsel for' the defendant, stated last night that under the provisions of the law. Judge Sears could only send the prisoner to the asylum, and cause his confinement dur ing the period of his lunacy. The rest would be up to the officials to decide. Circuit Judges Frazer and Gantenbein were the only Jurists on the bench yester day, as Judge Orawford, who has been sitting in Judge Cleland's place, left for home Wednesday night. Several divorce cases ready for hearing went over until this morning, when they will be heard before Judge Sears. Says He Will Be Good. On the. promise that he would "be good" and conduct himself in a law-abiding man manner in the future, and also with the provision that he would return to his home In Wisconsin, Benjamin Goodsin was yesterday afternoon released from the County Jail, after signing peace bonds. He was recently arrested on the charge of threatening the lives of his daughter and son. After his release they gave their father 100 and bought him a ticket for his home In Wisconsin. He left last night RISER FOR SOUVENIR PHOTOS. Northwest Scenery Lobby Imperial. A Positive Cure CATARRH Ely's Cream Balm la quickly absorbed. Gives Relief at Once. It cleanses, soothes.b- heals and protects the diseased mem brane. It cures Ca tarrh and drives awav a Cold in th Head quickly. Re-U A V PFVFR stores the Senses of 11 A 1 1 Iv I Ivll Taste and Smell. Full size 60 cts., at Druggists or by mail; Trial Size 10 cts. by n-a.il. Ely Brothers, 58 Warren street, New York. .A 'Fcy E ct s ore ot lis 'eniovs AND THESE FEW DAYS WILL BE THE BIGGEST BARGAIN DAYS IN OUR BARGAIN-GIVING HISTORY DON'T MISS ONE OF THEM EVERY ARTICLE REDUCED I oday s Suit Extra Special ecials Today, come and take your choice of any Suit in the house mark ed $22.50 and un der for $11.75 A lot of Silk Suits, Shirtwaist Suits and Demi Costumes, values up to $60.00, to day, $27.50 Waist Extra Special Waists, values up to $2.00, today 89c Today's Bargains in Millinery , .45 It is our aim to dispose of as many IU ff Hats as Dossible before movinar A c into our new store. Today we will offer the following big values: Ladies' Turbans, made of fine quality black d "i a q braid... ply Ladies' and misses' trimmed Hats, Values to fo qc $6.00 .... ...,pit0 , Ladies' high-grade tailored and trimmed Hats: values to $10.00 i i $4.95 Long and Short Coat Extra Special About 200 long and short Spring Coats, do qc values up to $12.50, today pOsI70 Regular $15.00, $17.50 and' $20.00 long d q and short Coats, today ' O 2000 Black Sateen Petticoats, Regu lar $1.50 values; today, 69c Regular $5.00 to $7.50 SILK PETTI COATS, in black and all colors, today, $3.35 Select your Skirt from the largest stock of Skirts on the Coast. Extra and little women sizes a specialty. Voile, Panama and fancy mixture Skirts, values up to $17.50, today, $6.95 A lot of Skirts, odds and ends, values up to $10.00; today, $2.95 The J CO 131 Fifth Street, Between Alder and Washington