10 TTTE MOKXTNG OREGONIAN. TUESDAY, MARCH 241003. CONTRACTORS PUT 111 INTEREST BILL Demand Percentage on Money Due From. City on Street Improvement Jobs. BIDS TO BE MADE HIGHER Jxng Delay of Payment Will Result in Work Costing City More, Says ' G. W. Simons Referred to City Attorney. Because of the endless delays In the jvsymcr.t by the city for completed street improvement, fills and paving, it seems probable that ron tractors will demand Interest on the money tied up In the jolw. TMr became apparent yesterday t after noon, when ileorge W. Siittvns. manager of the Pacitic BrMg' Company, ap peared before the judiciary veomm1ttce of the City Council yesterday and put in a claim for 12000 for interest on sums due him for finished contracts and never prtid by the municipality. The matter was referred to the City Attorney. Some such action a this on the part of contra' tor? has open expected by per fon familiar with the situation that exists In Portland. . On account of the l:g delays that occur in paying for com pleted work, the price of improvements has Ven seu skyward, and Air. Simons taid yesterday, when ta-kinc before the committee, that he would either have 'prompt payments for his work or he would increase h!s bid "If we cannot get interest on the money w have invested in this work, or be paid promptly upon tho completion of our ivork, the prices are going to be higher," raid Mr Simons. "We cannot afford to continue as we have been doing, with thousands of dollar tied up in street work and the city delaying payments on It. We will get interest, as asked for, fr our prices will increase. .That is all thfre is to it." The mopt glaring instance of delay is that of the Goldsmith-street fill, which was finished two years ago. and which cost $26,000. Not a cent has been paid to the Pacific Bridge Company, the contract ing firm. On the capital invested in this piece of work alone. Mr. Simons has pre sented a bill for interest on the money tied up in the joK Tho only thin,? that caused all of the delay was caused by one person, who protested because of an assessment of HS. "There is no use denying that some thing must be done to relieve the situa tion." said Councilman Bennett, chair ntan of the committee on judiciary. "It sterns "a shame that contractors who complete their work satisfactorily to the city should oe held up so long for their Vay." Among the contractors there Is a gen eral cry that they are dealt with unfairly by the city; that they connot get their pay for accepted work, and it is admit ted by them that the prices charged the property owners for all kinds of street improvements are at least one-fourth higher than would prevail were it possible to obtain prompt settlement from the city for finished jobs. 9 Llwnse Chimney Sweeps. Chimneysweeps will be regularly licensed In the near future, if the City 4ounril pusses-an ordinance that will be presented tomorrow for action. The gen eral license committee of the Council, at its meeting yesterday, decided to recom mend such a measure. The yearly fee decided upon was tixed at $10. Chief Campbell, of the Fire Lfc'partment, and others favored the action. M'COURT TAKES OFFICE New D Ut r let At tor ney Will Beg i n His Work Today. John McCourt, of Pendleton, yesterday took the oatli of office as United States Attorney. With the assistance of Mr. Bristol's assistants, Robert Tucker and Walter H. Evans, who will remain in the .District Attorney's office for a few days, Mr. McCourt immediately began to acquaint himself with the details of the office and the business pending be fore that department. He will this after noon take charge of the gTand Jury when it reconvenes and direct the woTk of its investigations. It was reported yesterday that among the first of the official acts of the newly oualiricd District Attorney would be the dismissal of the indictment against Ueorge C. Brownell. ex-State Senator from Clackamas County. It is rumored that under instructions from-AYashington, following the recommendations of Francis J. Heney, Mr. McCourt will today move the dismissal of the indictment which was returned against Brownell in Fcbru rary. charging him with subornation of perjury. Mr. McCourt. however, de clined to discuss the subject and would not admit that he had received any such instruction. The same rumor has been current many times before. SEVEN YOUTHS ARE SENTENCED Federal Judge Merciful to Juvenile Pos toff ice Robbers. Tears of sorrowing relatives of seven youthful criminate did not deter Judge Wolverton, In the United, States Court steiday. from imposing penitentiary sentence on the lads, alt under 20 years of fige, who had pleaded guilty to rob bing postof flees. Frank McPherson and Uolert Hayward were each sentenced to two years at hard labor at McXeil'c Inland. Fred Johnaon and "Walter Law rence will each serve one year at the same Government prison. In the cases of John Simpson, Merle West and Karl Hanke. each was sentenced to one year at McNeil's Island but sentence was sus pended, during good behavior. MrPherson, Johnson, Simpson and Law rence on November 13, last, robbed sub station No. 2 of the Portland Postofflce of $17.0 in jftampti and money and all pleaded guilty. Hayward, West and Hanke held up the Postmaster at Hills al on the night of February 3, last, and robbed lifm of $J0. Since then the cul prits have returned $15 of the booty and Jn consideration lor their suspended sen tenees West and Hanke will be required to replace the remaining $.". EGGL-ESTOX REPORTS TO COURT Keelcy Institute Prisoner Appears Before Judge Wolverton. Claud Eggleston. the Fcderal-Keeley Institute prisoner, yesterday made the tirM of his regular monthly reports to Ja:ge Wolverton in th United States District Court. Kg a ton confessed to re-!vi;g itimfi fht weir toln hy the gzr:W ;hmi root d t!-e i; rort Postofflce tn vh WlfiUr ifi lxrt. Ha as tcuteaced to five years imprisonment at McNeil's Island, but the sentence was suspended on his earnest request that he be, given a chance to reform and make a man of bimself. The court consented to a Sue pension of the sentence with the under standing that Eggleston should take the Keeley cure and abstain from intoxi cants which were alleged to have been the cause of his downfall. Failing to obey the terms of the compromise, Eg gJeston's sentence will be enforced. Eggleston appeared in the courtroom yesterday with his attorney, W. H. Mc Garry, looking a decidedly better man physically than the wreck he was when he appeared for sentence a month ago. When asked by Judge Wolverton how he was getting along. Eggleston replied: "Fine. There is nothing like it."' DEMANDS $20,000 DAMAGES Bridge Carpenter" Sues the Willam ette Construction Company. Suit for $20,000 damages for personal in juries was filed in the United States Court yesterday by William Hardrath, through his attorney, C. D. Latourette, of Ore gon City, against the Willamette Con struction Company. In his complaint Hardrath alleges that while in the employ of the defendant company in the con struction of the Oregon Electric Com pany's bridge across the Willamette River at Wilsonville , last September, he was directed by the bridge superintendent to adjust a stringer on Its supports and while attempting to perform the task, was knocked from bis insecure position, falling 60 feet through bridge timbers and sustaining several broken ribs and a fractured skull. At the time of the accident, Hardrath charges that the bridge superintendent, who directed him to perform the work, was intoxicated and was not a safe man to occupy the position he held.- Jail for Old Offenders. Three Indians. Joe Hays. Isidore White Foot and Wild Bill, all old offend ers, yesterday pleaded guilty in the Unit ed States Court. to informations charging them with carrying liquor upon the Uma tilla Indian Reservation. They were each fined $25 and sentenced to serve 90 days in the Multnomah County Jail. John Mitchell pleaded guilty to a similar offense but not having been before the court before, escaped with a fine of $25 and 6Q days in jail. Owing to illness, Jim Xarcisse, who admitted his guilt of a like charge, was excused with a sentence of 24 hours' Im prisonment In jail. Sue Under Land Grant. Additional . suits to compel the Oregon & California Railroad Company to dis pose of three quarter-sections of land in cluded in its grant from Congress, were filed by Attorney A. W. Lafferty in the United States Court. The plaintiffs are Joseph A. Maxwell. Frances S. Wiser and Albert Arms, each of whom makes a tender of $400, the purchase price of the land under the terms of the grant which proposed the sale of the 3.0u0,000 acres at a price not exceeding $2.50 an acre. SALOON MAY. BE CLOSED MUDDLE OVER OWNERSHIP OF NORTH END RESORT. Council Committee Postpones Action on Transfer of License, on St loon Known as Erickson'a. When the application for a transfer of the license of Erickson's saloon at Second and Burnside streets, from Hugo Frita to Eugene Froesner, came up before the liquor-license committee of the City Council yesterday after noon,, it was blocked by Lawyer C. V. Dolph. He appeared -to cite a few things about the History of the estab lishment, and to speak of the alleged misconduct of Frlti and others having to do with the place. He charged that the license was secured from the City Auditor by perjury: that the law had been flagrantly violated in several ways, and prayed that the committee make .full investigation before taking action. The matter was postponed for two weeks. Lawyer Dolph is counsel for Mrs. Frances Fritz, the first wife of Hugo Fritz, and haa a judgment against the latter. In order to satisfy the claim, attachment proceedings were begun, and it then became known he says, for the first time, that Hugo Fritz is not the real owner of the place. It devel oped that ex-Councilman John P. Shar key. J. W. Lemcke and C. E. West were the stockholders, and that they had held Fritz out as the owner. Last week Sheriff Stevens called a jury to hear evidence in the case, as he had been threatened with legal proceedings if he insisted on attaching the saloon, but the verdict was of no avail. The ownership was left unsettled, and the matter stands thus now. In an effort to determine. If possible, the real owner ship of the place, Mr. IoIph took up the case with the liquor-license committee yesterday. He made a lengthy statement of the case, as he had found it, and urged that the committee delay action until they could investigate for them selves. Councilman Cottel. chairman of the committee, was Inclined to the belief that the power of the committee waa limited In the premises, and that all the members could do Is to base action upon the sworn statements of all parties, as placed before the committeemen. How ever. Assistant City Attorney Grant, when asked as to this matter, declared that the power- of the committee is com plete: that It can refuse to grant the transfer, or, if desired, it can even recom mend to revoke the license. -' Councilman Drtscoll moved to grant the transfer, as he said he thinks Hugo Frits owns the saloon. There was no second to the motion, and Councilman Vaughn moved to postpone action for two weeks, which carried. Mr. Vaughn intimated that, if matters are as represented by Mr. Dolph, it might be a good idea to revoke the license and close the saloon. HAS COUNCIL AUTHORITY? City Attorney to Be Asked' About Pay ot Forestry Building Shinglers. The judiciary committee of the City Council yesterday voted to refer to the City Attorney the question as to whether the Council has authority under the charter to pay men who were employed by the Park Board to shingle the roof of the Forestry building. Mayor Lane figures in this matter, because the mem bers of the Park Board are his ap pointees, and the majority element in the Council is said to desire to. make an 'issue of the affair. The point under dis cussion is that the shlnglers were not supplied by the Civil Service Commis sion. Mayor I.ane says that it was simply an oversight on the part of the Park Board: that the shlnglers were employed without seeking the required number from the Civil Service Commission, and that it was afterwards found that there never have been any shinglers on the list. Councilman Cellars declared yes terday that a blunder has been made by Mayor ljine and the Foard and that they want ho Council .to bear it. PICKED GOOD MAN, ' SAYS MAYOR LANE City Executive Denies Bruin's Charge That Politics Dictat ed Sullivan Appointment." NOT THE GHOST OF A DEAL New Appointee on the Executive Board Is a Republican He De clares He Cannot Assume to Deliver Irish Vote to Anyone. Mayor Lane yesterday officially de nied that he appointed P. E. Sullivan, manager of tUe Catholic Sentinel, as a member of the Executive Board for political reasons. That .the Mayor did so, and that Mr. Sullivan was a party to the "arrangement," was asserted by Patrick Bruin, who declared that it was for the purpose of delivering the Irish vote to place Lane in the Guber-' natorial chair and Judge Cameron in the position of District Attorney. "I care nothing at all about what Patrick Bruin says, so far as I am con. cerned," said Mayor Lane yesterday, "but I will tell just why I appointed Mr. Sullivan .a member of the Execu tive Board. I have known him for many years, have been his physician a long time, and know him to be highly qualified to occupy the place I offered to him. Up to the time I offered Mr. Sullivan' the appointment, I did not know, neither did I care, what political affiliations he had. When he told me that he was a Republican, I replied that t was immaterial t6 me; that he would be absolutely unfettered, per fectly free to act on -his own convic tions at all times in city affairs, and that I would be satisfied." Mr. Sullivan's Statement. Mr. Sullivan expressed great surprise that anyone should accuse Mayor Lane of playing a political game by making the appointment. He was still more surprised that IF should be thought by anyone that the Catholic Sentinel could - be controlled for political pur poses. "The Catholic Sentinel is not in poli tics." said Mr. Sullivan. "Were I in clined to enter into a political arrange ment, such as was charged by Mr. Bruin, I could not do so and turn the influence of the paper over in any di rection; I could not even assume to deliver the Irish vote to anyone, were I so inclined. The paper carries politi cal advertisements, the same as any paper does for cash consideration. All such advertisements are marked as such, but Mr. Bruin did not know this until I so informed him yesterday. He then seemed surprised." Upon assuming his position as a member of the Executive Board. Mr. Sullivan resigned his place as county president, of the Ancient Order of Hibernians. John O'Hare also yesterday made the following statement: "The statement which appeared in this morning's Oregonian, signed "P. Bruin.' in which it appeared that I attended a meeting in the home of P. E. Sullivan March 15 last, at which time he states a political deal was closed. Is absolutely false, so far as I am concerned. In the first place, I never was in Mr. Sullivan's house and don't know where he lives; and sec ondly, I did not attend a meeting in any house or place at which any po litical deala were considered, and know absolutely nothing of the like taking place." In reply to certain statements of Bruin, E. H. Deery said: "A statement appeared in this1 morning's Oregonian, signed P. Bruin, wherein he asserts that I attended a dinner at the home of P. E. Sullivan March 15 last. He asserts also that a deal was closed at that time by which Mr. Sullivan was to use his Influence among the Irish and Catholic societies in the interest of Mayor Lane in consideration of his appointment to the Executive Board. Said statement, so far as my name Is concerned. Is unqualifiedly false. I did not attend any dinner at Mr. Sul livan's house on March 15 or any other date in March, or February or Janu ary either: and never attended any dinner or meeting anywhere in my life at which political deals were even con sidered. I have endeavored to attend to my own burlness. I neither seek, ask nor beg the co-operation or sym pathy of any man or society, but seek to merit the respect of my fellow citi zens." SCIO WANTS A RAILROAD Committee of Citizens Seeks Better Transportation Facilities. A committee from the Commercial Club of Scio. Linn County, Or., consisting of A. G. Prill, H. C. Peer'. R. Cain, T. L. Dugger. L. T. Parker. Rev. Mr. Telle tan and Charles Warner, were in Port land yesterday for the purpose of con ferring with General Manaper J. P. O'Brien, of the Harrlman lines, regard ing the building of a branch line from Shellbum to Scio. on the Wood hum-Natron branch. The committee also had interview with officials of the .Oregon Electric Railway Company, in reference to the buUding of an extension to Scio from the projected Salem-Albany electric line. While the matter baa been la hen under I " v A t 4t T t P. E. Sullivan. advisement by Mr. O'Brien, the commit tee is confidenfthat the road will be ex tended to Scio in the near future. It is known that the electric line Is anxious to enter the territory, which can be eas ily done, as Scio is but five miles from the present survey of the Salem-Albany extension. Scio is one of the most promising towns In Linn County. One of the most valuable timber tracts in the state is lo cated just east of Scio. There are two sawmills in the district, cutting' 100.000 feet per day. The fruit industry Is grow ing rajiidly, many large orchards having been put out in the last two years. The dairy industry is. also developing at a rapid rate. Sixty thousand pounds, ot milk are handled daily m'ithin a radius of 12 miles of Scio. English as She Is Writ by Japanese Divert in (f Sljcna That Invite Pas-er-Ry to Wltnraii Japanese Wrestling Show In North End. THOSE who indulge in the luxury of foreign travel find considerable diversion in the signs: of tradesmen in foreign countries, written in various imitations of the English language, for the purpose of charming the small change out of the traveler's pocket. But in such a cosmopolitan city as Portland, these specimens of distorted language exist here at home, in num bers and there is no need for -foreign travel to find them. For example, a Japanese wrestling show in . the North End has some unique Invitations to the curious public to visit t,he bouts to be pulled oft in side. Painted conspicuously on the outer wall of the modest stadium are the following directions: "To make your entrance, ask at the gate." "Get your ticket at box " "Ask at the gate for your admit ance." All these gratuitous instructions In dicate a fear that some might try- to enter by other means than the proper gate, but there is. no opportunity to crawl under the canvas to see the doughty Japs wrestle, and one con cludes that this Is the Japanese way of Impressing the public with the im portance of the performance. Anyway, the Japs seem to have approached American ideas closely enough for all practical purposes. If an American tried to write Japanese, he might make even worse grammatical errors. EVEREST TAKEN TO ASYLUM Well-Known Musician Declared In sane by County Authorities. k John A. Everest, a well-known Portland musician, was declared insane toy the medical examiners yesterday afternoon and was taken to the State Asylum at Salem last night. Everest believed him self possessed of great wealth and imagines he has a fine soprano voice. Everest went from here to Vancouver, Wash., last Friday and was taken into custody on account of his conduct at the courthouse there. He is said to have walked into court while it was in session and addressed the judge on the bench. Everest was for many "years leader of a popular orchestra. He was director of the Third Regiment band for several years and was a member of the Park band during four Summer" season?. It was his band that played at the Fourth of July fireworks at the Exposition grounds last year. His mind has been failing for. several months, and of late he has been unable to work. He thought he had discovered a new way of tuning the strings of the violin, by which he imagined he could produce exquisite mel odies. The effect to others was ear-splitting discords. DEATH OF HOLLIS ALGER Pioneer Columbia River Logger Passes Away Suddenly. Hollis Alger, a pioneer logging operator and head of the Alger Logging Com pany, died suddenly yesterday morning at 6:30 o'clock at his home on Oregon street. Death was brought on by heart disease, from which Mr. Alger had been a sufferer for more than a year past. His condition waa not thought to be in any way serious, however, until a few minutes before the end came. Mr. Alger was born In Canada. 64 years ago. He came to Portland from San Francisco and at onee took up log ging operations. He was one of the first big operators in the Columbia- River country. Besides being the hea.d of the Alger Logging Company. Mr. Alger was interested in the management of the Oregon Iron & Steel Company's logging department and in the Coweman Driving & Rafting Company - ajid Cowlitz & Columbia River booms. He is survived by a widow and three spns. H. E. Al ger, Edgar Alger and Morton D. Alger. Arrangements for the funeral have not yet been completed.' , RUNS AWAY WITH ACTOR Telephone Girl Returns After Brief Absence From Her Home. Harry Dewey, leading man of a barn storming aggregation that lately Invaded Portland with a mellow melodrama. "No Mother to Guide Her," waa releasedfrom the Tacoma jail yesterday for his con duct in running away with Cora Luft, a 17-year-old telephone girl. It developed that the girl had either grown tired of the ranter or had been grown tired of, and was back home. Chief Gritzmacher telegraphed on for the fellow's release. In response to the frantic appeals from the detained hero of the barnstorming aggregation. - - Dewey got off by a narrow margin, for efforts were made to secure the fellow's arrest even after the whereabouts of the girl became known. The city authorities were unable to act, and the girl's mother, Mrs. C. Luft, of 875 First street, appealed to the Juvenile Court. Inasmuch as the girl is nearly six feet tall, and declares she is past 19, no action was taken by the Juvenile Court, hence Dewey's re lease. ACCUSED OF USING LUMBER Two Men Arrested for Taking Build ing Material on Lot They Bought. Charged with Uie larceny of 2000 feet of lumber. Ernest owa.-tj and John Man key will be arraigned In Justice Re'.d's Court this morning. Levi Grant is the complaining witness and .charges that the two men bought a lot in Kern Park, upon which the lumber was stacked, and used the lumber as if it' wtre their own. Grant alleges the lumb.r v as not sold with the land. On the other hand, the two defendants say they t-nderstood the lum ber was part of their purchase. Consta ble Lou Wagner arifsted the two men yesterday and they'were released on bail. Olympla Beer. -If the water. Brew ery's own bottling. Phones. Main 671, A 2467. .Era cluae 11.0? .t ttelzsar'a, - APPEAL TO PEOPLE Opponents of Vehicle Tax In voke the Referendum. MERCHANTS LEAD ATTACK Lawyer in Their Employ Files Peti tion Containing 3200 Names. " City Attorney Says Proceeding Is Improper and Illegal. A petition bearing the signatures of 3200 voters, invoking the referendum, was tiled with City Auditor Barbur yesterday afternoon by Frank F. Freeman, attor ney, representing several large mercantile firms that are opposed to le new ordi nance regulating the taxation of vehicles used for, hire. As a result, one of the most complicated legal battles ever fought In the state, It is said, will be commenced. The matter is certain to be taken, into the courts sooner or later, such action being the only means of adjudication in case any one should refuse to pay the tax required under the provisions of the measure assailed. City Attorney Kavanaugh has ruled that the ordinance became a law Febru ary 24, on which date It was passed by the City Council over Muyar l ane's veto. He, therefore, holds that it is now operative and that, having become a law, it cannot toe cured by referendum, as Is sought to be done in this case. That the petition tiled yesterday is of no effect whatever is the emphatic opinion of Mr. Kavan augh. who is the legal adviser of the city. He declares that the only means of re lief Is repeal of the law by the City Coun cil, or by vote of the people. On the other side, Mr. Freeman and those opposed to the ordinance, are equally positive that the petition filed yesterday is' effective and that it ties up everything under the present ordi nance. They assert that t..e effect of the petition now on file is to make op erative the old law on vehicle taxation. They maintain that the referendum can be applied and hold that the ordinance attacked Is weak in that it specifies in one section that it becomes a law Jan uary 1, 1907, which was more than one month previous to its passage ouer the veto' of Mayor Lane. They feel -certain, therefore, that they will win their fight, and they say they will never drop the matter until they secure legislation which Is fair. ' City Auditor Barbur had previously sought a ruling from City Attorney Kavanaugh on the question of the vehicle tax ordinance, and when the petition was' filed yesterday. again consulted Mr. Kavanaugh. The latter advised Mr. Bar bur that the law sought to be Invalidated is In full effect, that the referendum can not be invoked and that the petition filed Is null and void. Councilman Kellaher, chairman of the committee on licenses, is the principal op ponent Of the ordinance in the Council and fought tt for months. Councilman Mene fee finally secured passage of the measure over the Mayor's veto. It was then de cided to apply the referendum, and pe-J xmons were circulated and largely signed by business men all over the city. The majority faction of the Council stood solid on the ordinance and voted down the Mayor's veto. It would not avail anything, therefore, to attempt to repeal the ordinance In the Council. Those opposed to it declare it is class legis lation, because it exempts those who drive vehicles for pleasure only, but does not so favor the free delivery firms, or persons who sell from wagons the pro ducts of their farms. " City Auditor Barbur said yesterday that he-ould proceed as Instructed by City Attorney Kavanaugh, unless some one re fuses to pay the tax, which would force the city to go into court for a decision. It is very probable that a test suit will be brought. TO BE COt XCIIi WILIi MAKE PURCHASE OF LIQUOR CRIME. Committee Recommends Measure . for Passage at Urgent Request of Delegation of Saloonmen. Minors who misrepresent their age when seeking: to buy liquor in saloons, are to be fined or imprisoned, according to the provisions of an ordinance of which Councilman Driscoll is the author and which is strongly favored by the retail liquor dealers of the city. At its meeting; yesterday afternoon, at which a com mittee of five of the Retail "Liquor Deal ers' Mutual Protective Association was present, the liquor license committee recommended the measure for passage. It will, therefore, come before the Council tomorrow afternoon for action. The committee of retailers declared themselves pleased with the proposed or dinance, saying- that it was just such a law as they had long; desired. That it will pass seems certain. It contains many points favorable to the saloon Interests, virtually protecting .them in all cases where minors are given or sold Mquor. Councilman Vaughn sought to securo an amendment, making it obligatory upon the saloonkeepers to keep a register for the purpose of compelling all suspicious looking youths to write their names,, thus declaring themselves to be over 21 years of age. Councilman Driscoll. however, strenuously opposed this, saying that to add any amendments would "kill" the or dinance. The -liquor men's committee also held this view. The committee of retail liquor dealers is a new feature of the liquor license committee's sessions. They asked to be permitted to take part in the meetings of the committee, as did also the Municipal League. The latter organization, how ever, has never sent its committee. The retailers' committee sits wltli the regular license committee and Is shown great courtesy. AH applications for transfers and other matters coming up for con sideration are discussed as freely by the liquor dealers as they are by the Coun cilmen, and suggestions offered by the liquor dealers are given great consider ation. CHINESE IN LEGAL TANGLE Hope to Kstrape Prosecution by Being Deported. Chin Tou and Leong So. who profess to be subjects of the Emperor of China, find themselves in an unusual predicament. They desire to return to their native land and the Government's immigration au thorities are seeking to expedite the home-going by evoking the deportation laws, but the California state authori ties are trying to secure custody of the prisoners and liave Uiem returned to Saa Francisco" on a charge of diamond steal ir.s. In order to gain possession of the two Chinese, the California authorities resresent that they have evidence to show that the prisoners were born in this coifctry and are not subject to deporta tion' Chin Tou and Leorc So were arrested in this city by the immigration authori ties on a charge of being in the United States unlawfully. Both assert that they are natives of China and declare they were en route from San Francisco to Victoria. B. C, to take a steamer for their native land when taken into custody in this city. In a preliminary examina tion before United States Commissioner Sladeji they were ordered deported and their cases are pending before the Dis trict Court. It Is alleged by the California authorities that these foreign subjects are wanted in San Francisco for the theft of about MOO worth of diamonds and $40 in mone.'. Unless it can be proved by the state authorities that the accused Chinese were born in the United States, the immlgrat tion officials will have the right of way and can order them deported regardless of the alleged violation of the California slate laws. E ITS FATE TODAY PACKING-HOUSE BILL UP FOR FIXAL PASSAGE. Councilman Cottel Will Iied Fight on Ordinance Giving Independ ent Firm a Franchise. In the City Council, at its session to morrow afternoon, a i big battle is scheduled to be fought over the pend ing ordinance, granting to Schwars sehild & Sulzberger a franchise o es tablish a packing-house and slaughter ing pens in the corporate limits at a point In South Portland. It is believed the measure will be passed, but it is thought it will occasion a fierce con test in-4he Council chambers. Councilmen Cottel and Belding, the former a member of the minority and the iatter of the majority, have al ready clashed over the proposed ordi nance and have become most bitter to ward each other, as Mr. Belding is leading the fight for the establishment of the plant, while his colleague Is at the head of the opposing forces. Mr. Cottel has declared that "anyone who votes for the parking-house is a buz rard," and says that, in years to come their constituents will call them buz zards, or something worse. Councilman Cottel has . fought the measure ever since it came into the Council two weeks ago, at which time it was recommended for passage by the committee on -health and police. It was he who blocked its final pas sage at that session. Since then it has been discussed by the same com mittee, and tomorrow will again be be fore the Council on a recommendation for passage, with an amendment that the company must spend at least $200, 000 in the plant, exclusive of the pur chase price of the ground, within two years. On the ground that the ordinance Is unconstitutional; that it seeks to give to the company a right to slaughter within the city limits and that tho proposed plant would be, if tolerated, a public nuisance. It will be fought to the end by Councilman-Cottel and his adherents, and in case it passes the Council, he. has already said that he will invoke the referendum. The only qualification he makes is that he will vote for the plant if the people of the city desire it. He has arranged for a meeting' at 8 o'clock tonight, to be held, in a hall at 1105 First street, at which those opposed to the ordinance will speak. Chief Deputy Citv Attorney Fitzger ald yesterday ' declared the ordinance that is up for passage tomorrow con tains a fatal defect; that it would be unconstitutional, if passed, and would consequently be of no effect. This, he explains, is because of a provision whereby there -Is given exclusively to persons engaged in interstate trade, the riprht to slaughter in the city lim its. This he brands as class legisla tion. L. A. McNary. formerly City Attor ney, drafted the ordinance. He con tends that it is not class legislation. FALSEHOOD, SAYS MANNING State Has Not Lost Standing in Prosecution of J. W. Reed. That the state has lost it. standing before the Supreme Court in the prosecu tion of J. W. Reed, for alleged election frauds, was denied emphatically last night by District Attorney Manning. The publication of an article in a local paper accusing the District Attorney with being derelict of duty in the Reed case was branded by the State Prosecutor as a malicious falsehood, drummed up for political purposes. "Several other cases are in the same status as the Reed case." said Mr. "Man ning. "The state has time In which to submit Its briefs and such briefs will be filed in due time. Those spreading the report referred to are mistaken and know they are mistaken. The Reed case is not yet at Issue before the Supreme Court. When the proper time comes the state's interests will be fully safeguarded as In all other cases taken on appeal to 'the Supreme Court of the State." SEEK HOMES IN THE WEST Kastern Farmers Are Interested in Oregon Lands. The Chamber of Commerce yesterday received a communication from E. L.. Lomax, general passenger agent of the Union Pacific at Omaha, enclosing a list of lfiflO names of persons who have made inquiries of the railroad company regard ing lands in the Pacific Northwest, with view of investment and settlement. This list of names was sent' to the Chamber for the purpose of securing tls co-operation In establishing these homeseekers on lands in this state. Mr. Lomax advises that these inquiries have been received since January 1, and the universal sentiment expressed is that they desire to get away from the con gested conditions in the East and secure homes in the agricultural districts of tha West. Nearly all have sufficient money to establish themselves on farms. A larije There's cheer in a cup of piping hot Postum served with good cream, and no headache in the combination. Clean, hard wheat includ ing the bran-coat with its nat ural phosphate of potash for rebuilding brain and nerve cells is used- in making Postum, and no coffee or oth er harmful substance enters into its manufacture. "There's a Season." UOHS'S iAGIOiei The back is the mainspring: of woman's organism. It quickly .calls attention to trouble by aching. It tells, vrith other symptoms, such as nervousness, headache, pains in the loins, weight in the lower part of the body, that a woman's feminine organism needs immediate attention. In such cases the one sure remedy which speedily removes the cause, and restores the feminine organism to a healthy, normal condition is LYDIA E.PINKHAM'5 VEGETABLE COMPOUND Mrs. Will Young, of 6 Columbia Ave., Rockland, Me., says : " I was troubled for along time with dreadful backaches and a pain in mr side, and was miserable in every way. I doctored until I was discouraged and thought I would never get well. I read what Lydia E. Pinkham's Vegetable Compound had done for others and decided to try it ; after taking three bottles I can truly say that I never felt so well in my life." Mrs. Augustus Lyon, of East Earl, Pa., writes to Mrs. Pinkham : "I had very severe backaches, and pressing-down pains. I could not sleep, and had no appetite. Lydia E. Pink ham's Vegetable Compound cured me and made me feel like a new woman." FACTS FOR SICK WOMEN. For thirty 5Tears Lydia E. Pink ham's Vegetable Compound, made from roots and herbs, has been the standard remedy for female ills. and has positively cured thousands of women who have been troubled with lonlatamanta inflammflfinn 1 1 1 1 a tq . tion, fibroid tumors, irregularities, periodic pains, backache, that bearing-down feeling, flatulency, indiges tion.di77i"" nprvousprostrati'" number, however, are farmers who have been in this country but a short time. "I trust this matter will be handled in a systematic manner.' writes Mr. Iomr.x. "following up the information' and en deavoring to ascertain the results of our affAffc- frn. this 11 HonMi lo pvalif whether or not we will continue to fur nish this Information, it being our In tention to forward to you. each morrth. the names of people making Inquiries of us regarding suitable lands for settle ment." - Good tor Kverybodj-. t Mr. Norman R. Coulter, a nromfnent architect, in the Delbert Building. San Francisco.' says: "1 fully endorse al! that has been said of Electric Bitters as a tonic medicine. It is good for everybody. It corrects stomach, liver and kidney disorders in a prompt and efficient manner and builds up the sys tem." Electric Bitters is the best spring medicine ever sold over a drug gist's counter; as a blood purifier it is unequaled. f0c. at Woodard, Clarke & Coa drug store. WOULD YOU LIKE TO FEEL BETTER? Would you like to weigh more, get more out of what you eat, and regulate your digestive organs generally? Our "XXX" French Olive Oil will do these things for you one man who had lost his appetite completely ha3 gained 12 pounds in eight weeks while taking "XXX," three teaspooonfuls daily. "XXX" Olive Oil is pure we have tested it and know this is why we import this particular brand direct from France. Good for baby or any member of the family it's the very essence of nour ishment. Full pint bottle, really 50c worth 40c JUST TRY IT. BETTER COFf EE VALUE ,If you are not perfectly satisfied with your coffee, we want you "to try our" Spe cial Blend" next time a cof fee we have been improving for years. It is better value than any 40c package coffee on the market. "Special Blend" has un usual productive strength it gives a color that gladdens the heart of the connoisseur and the flavor will make you dissatisfied with any other brand for which you have been paying considerably more. As always, 3 lbs. $1; llb.35. DRESSER'S Everything for the Table. FIFTH AND STARK.