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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 18, 1908)
THE MORNING OREGOXIAX, FRIDAY, SEPTEMBER 13. 1903. 14 CITY MAY SPECIFY STREET PAVEMENT Kavanaugh Rules That Objec tion of Streetcar Company Is Not Tenable. READY FOR LEGAL FIGHT Remonstrance Against Allowing Council to Dictate Kind of Im provement Between Tracks May Be Settled la Court. The City Council has authority to order any kind of Improvement it wUhes be tween the tracks and on each side of the tracks of the Portland Railway. Light & Power Company, according to the opinion of City Attorney Kavanaugh, submitted to the street committee of the Executive Board yesterday. He further declares that he la prepared to take the necessary steps to compel the corporation to pay the assessment, if the city so desires. This oclnlon is one of th most impor- 1 taut and far-reaching ever submitted by , the City Attorney. It was given at the re- quest of the street committee of the Ex ; ecutive Board, inasmuch as the railway ; officials had served formal notice upon ! the Mayor, the Council and the Executive Board that it would remonstrate against all future Improvements, except such as those stipulated in the various franchises j owned and controlled by the corport- tion. These specify that the company shall Improve between its rails and one foot on the outer side of lta tracks with the material with which the street is im proved. The Council has for years been specifying Belgian blocks, and it Is the wish of the members to continue this kind : of improvement. Mr. Kavanaugh'a opinion is as follows: Opinion of CUy Attorney. The street committee of the Executive Board has referred to me the protest of the Portland Railway. Light Power Com ' pany against the Improvement of certain streets, and requests a report thereon. By this means the company aerrea notice ', en all city officials that It will hereafter ! not Improve portions of streets on which I It holds franchises, between the rails, be tween the tracks, and for the width of one ' foot beyond the outermost rails, with any kind of pavement or Improvement other ! than the kind with which the street Is paved or Improved adjacent 10 tne iracju. This communication directs attention to several franchises the company now owns, and special reference is made to several streets where Improvement proceedings are pending and on which the city is attempt ing to compel the company to Improve the portions of the streets It Is required to Im prove and maintain with a different kind of Improvement to that laid by the city on the same streets. The company also protests against being required to lay rails weighing snore than 60 pounds to the yard on a street where a concrete foundation, or other foundation. Is laid or may be hereafter l.M hv tha city. I 60 far as I am advised, the city has ! ordered a different kind of improvement i only between the tracks and for a distance ei one foot beyond the rails of each track. Studied Charter and Franchises. 1 1 have made a careful Investigation of I the franchises now owned by this company. I the charters under which said franchises : were granted and the provisions of the pres , ent charter relating so franchises that were I In existence and operation at the time It ' went Into effect. Experience has demonstrated that the -weight and vlbrati.n of cars, operated on ' street railway lines, subject the Improve- 1 inent between the tracks and for a short distance outside of the rails, to a greater stress and wear than the Improvement on c4her portions of the streets. 1 have given this question very , careful consideration. and I am of the opinion that the position taken by the company Is untenable, and that the city can require It to improve the ' streets between the rallj end for a reason- I able distance outside of the rail with a kind of Improvement different from that laid on the other portion of the street. This power should be reasonably exercised and no un- ! usual or unnecessary burdens should be im posed upon the company, but within the : limits of reasonablo exercise It can be ' enforced. I am prepared at any time . to lnstltuts appropriate proceedings to compel the com pany to make such Improvement where it nas delayed or declined to do so after rea sonable notice from the municipal authorl , Ilea Respectfully, J. P. KAVANAXTGH. J City Attorney. CAPTURE YOUTH WITH COIN . Railroad Agent Confesses to Secur ing $2200 on Forged Orders. t ; SPOKANE! Wash., Sept. 17. (Special.) ' Police at Sand Point. Idaho, arrested ' R. R. Brown, ex-Great Northern agent ' at Warland. Mont., with 500 belonging ! to the company. Brown confessed to the ; theft of fciiuo. but had spent JluO in four . hours in Sand Point. ' Recently Strick. a Warland ealoon- keeper sent through Agent Brown an ex ' press order for J200 on the Conrad Na tional Bank at Kalispell. ' Brown, who came from Spokane, forged the name of Strick to 40 more orders for 50 each. When the money reached Warland Brown Jumped a freight train with the cash in his pockets. Hla absenoe from the Warland office -was noticed by the conductor of a pas senger train. He was traced to Sand Point and after denying his action finally confessed and told how the trick was accomplished. Brown is not more than IS yeara old. The officers recovered 0)60. THINK SUSPECT IS DUNHAM Slayer of Six Persons May Be In Texas Jail. SAN JOSH. Cal.. Sept. 17. A dispatch this morning received by Sheriff Lang ford from Deputy United States Marshal JIcAfee, of Sherman. Tex., convinces the Sheriff that the suspect held there is without question Dunham. It was known to a few of Dunham's assistants that he n&d a large scar on his left foot, made by an ax while chopping wood. The dis patch reads: "The suspect -has bad scar on left foot Get busy." The Sheriff, upon receiving this, at one consulted with the District Attorney In regard to steps for procuring the suspect and a deputy will be sent to Texas to get htm. Dunham la wanted here for snur dertng his family and hired man and girl, ctx in all. "on the night of May 25. 1S96, In their orchard home near Campbell. BRIGHT YEAR FOR PACIFIC ' VniTersity at Forest Grove Keopens With Large Attendance. 1 j PACIFIC UNIVERSITY, Forest Grove, -Cr., Sept. 17. (Special.) A larger number cf students and alumni . attended the opening of the college yesterday than ver beior in tha history of tha Institu tion. The prospects for a successful year are unusually bright. The attendance promises to be largely increased over that of last year and the teaching corps has been strengthened by the addition of sev eral new professors and instructors. Professor Ms on J. Baker comes from the Olivet College. Michigan, to head the department of chemistry. Mr. Baker has had a thorough training and wide ex perience as student and teacher and will no doubt prove a strong addition to tha teaching force. A department of civil engineering is a hew feature this year. Edward V. Price, a graduate of Swarthmore College, will have charge of this part of the work. Mr. Price has had several years of prac tical experience In railroad construction and thoroughly understands his subject. Miss Helen G. Abbott, a graduate of Oberlin College and a teacher of several years' experience In Oregon and Wash ington, has been elected assistant in the Academy. Archie Hahn, the veteran University of Michigan sprinter, will be retained as director of athletics the current year, coaching the football, track and baseball teams. Thirty men turned out for the first football practice last night and the prospects for a winning team are un usually bright. Nearly all of last year's team are back In school and there is an abundance of good material on hand for the second team. FILIPINOS REVERE TiFT NATIVES SIXG PRAISES OF BE PCBLICAX CANDIDATE. Captain Dedrlck, In Aberden From Manila, Talks of Conditions in Islands. ABERDEEN, Wash., Sept. 17, (Spe cial.) "If the people of the Philippines could decide the Presidential election, Taft would win hands down. I believe he would be the almost unanimous choice." This la the opinion of Captain Dedrlck. of the barkentlne Kohala now in port. The captain spent some time in the Islands and has had a good opportunity of learning something- of the opinions of the people there. 'Taft stands well with a great ma jority of tha people," says the Captain. "Especially is this true In Manila, where I was for 46 days, and had ample op portunity to hear discussion and praise of Mr. Taft's virtues. He made so deep an impression on the natives that they revere him almost as a god. Manila Is an American city now. It has been great ly improved under American rule. It is sanitary and beautiful. American rule is regarded as the very best that could have been substituted for the Spanish methods, and so far as I was able to learn and observe, there is every Indica tion of satisfaction with conditions there at present. Naturally the natives In some of the islands are troublesome and dis satisfied, but that is to be expected." The barkentlne Kohala had several serious experiences In going to Manila and on the return voyage, between May 25 and 28 last, the Kohala, was caught in a typhoon in the China sea. The rudder was carried away and the Bhip sprung a leak, but managed finally to weather the storm. In the same typhoon two steam ers were lost, the steamship Arabia had most of her stern carried away and many other vessels were damaged. After discharging ballast of sand and rock here, the Kohala will go to Willapa Harbor to load for Auckland, . New Zea land. Captain Dedrlck has his family always with him on his voyages. The Kohala Is lying at the O-street dock and Is one of the cleanest and brightest looking vessels that comes to Grays Harbor. BRITISH TEAM STRONGER TEXXIS PLAYERS BREAK EVEN IX FIRST MATCH. learned Beats Parke by Scratch Playing, but W right Plays Losing Game Against Ritchie. BOSTON, Sept. 17. While Great Brit ain and the United States broke even In the two matches which opened the lnter national lawn tennis contests at the Longwood Cricket Club today, the visit ors showed the stronger team, for M. J. Ritchie, of London, put, out Beals C. Wright, of Boston, with greater ease than William A. Lamed, of Summit, N. J., de feated John G. Parke, of Dublin. Both matches were straight-set affairs, Ritchie defeating Wright, 6-1, 6-3. 6-2, and Larned overcoming Parke, 6-3, 6-3, 7-5. Ritchie scored 90 points to 61 for Wright, while Larned played 113 strokes to 88 for Parke. Nearly 6000 spectators saw the two matches. Larned showed the same steady but beautifully varied game which carried him to victory at Newport last month, and. while Parke, by cool, clever work in the back court, broke through the service of the American player twice and carried 10 of the 30 games to deuce, he could not get by the stone-wall defense at the net nor handle, cleanly the hard driven balls at the base line. Parke made 78 misplays to 63 by Larned. while the American carried off 35 finely-played shots to 25 for the Irishman. In the last set Parke had Larned 4-2 and 5-2, but the American champion rallied and took the next three games and the match. Meantime Wright was playing a losing game with Ritchie. If he ran in the Eng lishman passed him easily at the net, while if he hung back Ritchie drove the ball far out of his reach. .Ritchie showed clever adaptability to the American same by killing many of Wright's lobs and play ing a little of the same game himself. As a rule, however, his work was much of the same character as that of Parke, low drives over the net, well placed and care fully Judged in speed. Tomorrow the visitors will meet the American champions, H. H. Hackett and F. B. Alexander, In the only doubles event of the series. ' Loads Rattler On to Hayrack. REDMOND. Or.. Sept 17. John John son a rancher at Redmond, loaded a rat tler Into a hayrick with his alfalfa this week without noticing the presence of the snake A minute later, in passing the hay, the rattler struck at him, missing by a tiny margin. Johnson then dis patched the reptile, seven feet in the air, with his pitchfork. Loses Valuable Horse. HILLSBORO, Or., Sept. 17. (Special.) The Hillsboro Shire Company lost a very valuable English Shire stallion last night, the animal having been subject to convulsions for several hours prior to death. The horse was valued at 34593, and there was insur ance to the extent of 11000. Xew Building for Centralia. CENTRALIA. Wash., Sept. 17. (Spe cial.) Another business building is being built on Tower avenue. The building when completed will cost about 37000. It will be 33 feet wide and 84 feet long and two stories high. Concrete is the material to be used in its constructluo, - AGAIN SEEK BALLOTS Right of Voting Is Sought for Women Taxpayers. PETITION FILED AT SALEM Campaign on Xew Basis Is Receiv ing Great Encouragement, De clares Mrs. Dnniway, Presi dent of State Association. The Oregon State Equal Suffrage Association yesterday filed petitions with the Secretary of State for a new woman's suffrage election. The prin ciple upon which the petition is based and npon which the campaign will be carried on is that the right to vote should be given all women paying taxes on either real or personal prop erty. This procedure was undertaken for the purpose of opening an issue for an active campaign of reorganiza tion. The matter will be submitted to the voters at the November election in 1910. In all previous woman's suffrage elections the effort has been to obtain the suffrage for women under the same conditions as is enjoyed by men. The present petition is unique in that it asks for the suffrage for women tax payers only and is the first time that such a measure has been presented in this state. Mrs. Abigail Scott Duniway. leader of the woman's suffrage movement, is confident that the measure will be fa vorably received by the voters of the Btate. "Taxation without representation is contrary to the letter and spirit of the Constitution of the United States and of the State of Oregon," said Mrs. Duniway ldst night. "That is the principle upon which we have gone to work and upon which we expect to win. The petitions have been favora bly received everywhere. During the six weeks they were in circulation we received 1400 more names than were necessary to secure their consideration by the state authorities." The following letter was on Wednes day Issued by Myrtle E. Pease, cor responding secretary of the Oregon Equal Suffrage Association: The officers of the Oregon State Equal Suffrage Association have today tiled their petitions with the Secretary of State for a new Woman Suffrage Campaign. They hereby extend a unanimous vote of thanka to the voters and notaries of the state who have so nobly aaatsted them in their pe tition work and also for the courtesy and kindness shown the workers. They have met with encouragement from many hundreds of men and women, who have never before believed in woman suf frage, who now say the action of the asso ciation In taking one step at a time in seeking the right of suffrage la wise; as it gives a better opportunity to interest all people In an Intelligent use of the ballot. The credit for our leing able to carry on this campaign is due almost entirely to our venerable state president. Mrs. Abigail Scott Duniway. Her work and Judgment are highly commended by the voters in all parts of the state. Is the report from tha workers everywhere. MOTHER APPEALS FOR SOW Injury Sustained by Boy the Cause of Interesting Lawsuit. An unusual damage suit wherein a mother Is seeking to collect money her son would have earned had he not been maimed when 16 years old, will be tried before Circuit Judge Morrow today. A Jury was Impaneled yesterday and visited the premises of the Portland Manufactur ing Company, at St. John, where the ac cident occurred. Mrs. Henrietta Magone is the plaintiff and she asks $2027 from the company, claiming that is the amount her 18-year-old son would have earned up to the time he is 21 had not his left hand been severed through the company's alleged carelessness, when the boy was 16. In her complaint she presents figures show ing the financial results of the mishap. Had he not been incapaciated by the ac cident his earning capacity between the ages of 16 and 21 would be 32475, she says. With his left hand gone he is able to earn only 3120 a year and to the time of his majority a total of but 3566. This amount she deducts from what he would have earned, adds to the result a sum of 3177 paid for medical attention. In ask ing the award she says she has been abandoned by her husband and is de pendent to a degree upon the efforts of the Injured son. The boy was injured while operating a cutting machine for the company in 1906. PULL RECORD ON BOURNE Washington Correspondents Com pare Interviews. OREGONIAN NEWS BUREAU, Wash ington, Sept. 17. Portland papers con taining Senator Bourne's interview, in which he inferentially, though not spe cifically, denied having said that Bryan would defeat Taft, reached Washington today and caused considerable amu.-e-ment in newspaper circles. Newspaper men who Interviewed Bourne before and after the Chicago convention, re called that the Senator had repeatedly declared that Bryan would have no dif ficulty in defeating Taft, and it was also recalled that the very nfght Bourne arrived at Hot Springs, prior to calling on the Republican nominee, he told the assembled party of newspaper corre spondents, "not for Duplication," that the Republicans were destined to defeat this year, because Taft could not beat Bryan. It Is also of record that. Just prior to the adjournment of Congress, Bourne told various Senators, among them, Ful ton and Borah, that Taft, if nominated, would be defeated by Bryan, and thij talk led to considerable caustic com ment from Bourne's Republican colleagues. DEATH R0LLN NORTHWEST David Andrews, Lebanon Pioneer. LEBANON. Or., Sept 17. (Special.) David Andrews, a retired pioneer mer chant of Lebanon, died last night at his farm near Lebanon at the age of 68. For 30 years he was a merchant of this county, and served one term as County Clerk of Linn County. J. H. Stack of Hillsboro. HILLSBORO, Or.. Sept. 17. (Special.) J. H. Stack, aged 77 years, and who recently came here from California, died at the home of his daughter, Mrs. R. S. Alexander, six miles southwest of this city, last night. The widow survives. Was Washington Pioneer. TACOMA. Wash., Sept. 17. Seth "W. Sibley, a pioneer of California and Wash ington, died today, aged 78 yeara He was born In Vxburg. Mass.. and went to California in tha early '60s, removing ta BIG VALUES AT LITTLE PRICES, AND ON SMALL TERMS. -COME TODAY. Remember the Piano Exchange and Bargain Room Sale, gives big values . j .v-na i4 nav al smaii prices anu ewj - . Tc. ment to cause quick clearance it it tne tg store s ciearing-iiuuac Some of the highest-priced pianos made come to this room through exchanges for the Genuine Pianola Piano and Baby Grands. , 1 no I 1UO 1X1 UOV V w vv - we state, eise it is not an Eilers Dar- gain. wence ouying in mo -r ""V: . change and Bargain Room is as though you had willingly paid full price and ii I a - V,rt,, half Af t h out lav unexpectedly refunded, that's the - ,-,1 .-m onrl Ttnr. reainess i riauu iiwumisa,"'"' grain Room economy. This has been 1 11.. ,- tlma an A X) tTAl Tl 1 TV pruvcii pu 1 11 lud pno . . mu j all Eilers Piano House Sales. AS going IO snow mat wt.a -r m." Store has won first place, in this city and country around is the fact that during the past year of business de- than ever before. Why? Because we have given values that 1 l-.iul. V. r - k.Aiiaht wero 11 1 com iiu vaiuca mo,, l i v buyers, because they could not be the Northwest. Two hundred and fifty nianj-kci hntrl 1 aw mnnth BnflWPrH wTl V we are getting the great bulk of the piano Dusiness. anu wo win couuiiutj do so because unusual values will be J 1 A4 av (n all A a 1UUUU II CI C, IlUl iuucij , iu "i partments but every day. Big Friday liarguiiia ill luc rjiici a rianu rjAuoufto and Bargain Room, downstairs, 353 Washington St. Washington later and being engaged in business in the Puget Sound country for the last 40 years. His wiaow survives him. APPELLATE COURT TO MEET SEPTEMBER TERM OF FEDERAL TRIBTJJfAI BEGIXS MOXDAY. Probability That All Important Busi ness Will Be Completed on First Day of Meeting. The September term of the United States Cirouit Court of Appeals for the ninth circuit will convene next Monday at 10:80 A. M.. in the Federal building. Judsres William B. Gilbert, of Portland; Erskine M. Ross, of Los Angeles, Cal., and Will iam W. Morrow, of San Francisco, will constitute the court. The calendar for the present session is as follows: Martha Bonifer et aU vs. Philomme Smith et al. Oregon, appeal. Willamette Pulp & Paper Company vs. Walter A. Bonner. Oregon, error. Pending petitions for rehearing, etc: Thomas S. Nowell et al vs. John C. McBride, as receiver, et al, Alaska, appeal. George Hansen et al vs. W. A. Craig et al, Alaska, error. J. D. Leedy et al vs. Emll G. Lehfeldt, Alaska, error. Miller & Lux, inc., vs. the Cali fornia Pastoral & Agricultural Company, limited, et al. Southern California, appeal. The Jurisdiction of the Circuit Court of Appeals for this circuit Is the most exten sive in the United States, embracing all of the Pacific Coast States and the terri tories of Alaska, Arizona and Hawaii, and extending also over the United States Court for China, created by the act of Congress of June 30, 1906, under which act United States courts are now held in Shanghai, Canton, Tientsin and Hankau, China. In all probability the business of the court for the present term will be con cluded on the day of the meeting and an adjournment will be taken to October 6 at San Francisco, where the foot of the Oc tober calendar falls, at present, on No vember 6. The Circuit and District Judges of the United States courts on this Coast are at present as follows: Joseph McKenna, United States Associate Supreme Justice, Circuit Justice. Circuit Judges William B. Gilbert, Er skine M. Ross and William W. Morrow. District Judges Cornelius H. Hanford, Olln Wellborn, John J. DeHaven, William H. Hunt, Edward Whitson, Charles E. Wolverton, Edward S. Farrlngton, Frank S. Dietrich and William C. Van Fleet. TWO MEET DEATH IN FIRE Bodies Found in Smouldering Ruins of Couer d'Alene Blaze. SPOKANE, Wash., Sept. 17. The bodies of two men burned to death In the fire which destroyed the Franklin block at Coeur d'Alene. Idaho, last night were found in the ruins this morning. One was Jacob Skogland, whose home was In Ely, Minn., and the other Cox Layton, of Spo kane. The Franklin block was owned by Young & McBurney and was valued at J12.000. It was Insured for J6100. The oc cupants and their losses are as follows: Joe Johnson, hotel, J4O00. insured for $2500; M. O'Brien, millinery, loss SIOOO; German bakery, loss $1300; Kirby Bros., cigar store, loss $700; Oscar Foster, men's fur nishings,' loss $300, insured for $1200; Peter Bergleen, saloon, loss $6000, partly in sured. The loss on the Idaho Hotel from heat was $1000 and on the Coeur d'Alene bank building abput the same, both cov ered by Insurance. The cause of the fire is not known. The Language of Industry. The universal language Is that of draw ing. It lies at the basis of all Industry. This is being appreciated more and more. The educational director of the Young Men's Christian Association states that young men from the shops and mills In the city are in increasing numbers this year, making application to enter the drawing classes free-hand, architectural and mechanical. Just as in the commer cial world the good penman has a great advantage, so in all the industries, one who can read and execute a drawing is in line for advancement. The night classes of the Y. M. C. A., starting Monday, Sep tember 28, afford an exceptional oppor tunity for young men to fit themselves for advancement, both in commercial and industrial life. A FIRM FOUNDATION for the day's work is a dish of Grape -Nuts Witt Cream It is Delicious and Healthful There's a Reason" AG Mas eh M T7 V aide This Company acquired a large and mag nificently located piece of business and homesite property on the peninsula. It adjoins the holdings of Swift & Company. After all the preliminary details were set tled, it was decided to name the property SWIFTON. Our advertising department was instructed to go ahead with the ad vertising. One of the first steps was the ordering of one-sheet posters for the bill boards of the city. , While these posters were being printed, it was thought advisa ble to change the name of the property to SWINTON. The posters were printed with an "F" where the "N" ought to go. The color scheme of the poster is a red let ter criss-cross on a black background; you have seen it, no doubt. The solution seemed simple at a small expense. We would print a lot of red "N's" on a black stock, paste them on the new posters, cov ering the "F." Then they could be put up by the bill posters and no one would be the wiser. The pasting was done all right; the posting was, also. But alas and alack! We had not counted on Old Sol. He dried the paste and Boreas did the rest. The "N's" were blown from the posters, disclosing the former name of the tract, SWIFTON. And we have no one to cen sure but the weather. Nevertheless, with only that small amount of advertising and one half page in the daily papers, SWI"N"TON is selling just as rapidly as though it had been named S WI"F"TON. If you are interested in an investment that will make you dollars where the other fellow prom ises cents, investi-' gate SWINTON at once. Be convinced. COUPON Columbia Trust Co. Couch Building, Portland Please mail me copy of your Booklet, THE COM ING OF SWIFT, telling all about that remarkable in dustry. Name Address- PriceS Favorable Terms, 1 0 Down And 2 Per Cent Per Month, Improvements Included Colombia Tirasil: Seventh Floor Company Couch Building