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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 7, 1910)
14 THE 3IORXING OREGOXIAX, THURSDAY, A.FRII; 7, 1910. TRACKWALKER OH TRIAL FOR WRECK B. Lewis, on Charge of Manslaughter, Must Face Responsibility. SLIDE BAD; ENGINEER DIES Declaration Made That defendant Deserted Post of Duty Half Hour Before lie Should Have Ar rested Far From Scene. S. B. Iewis, trackwalker on the O. R. A X. Kailroad, charged frith responsi bility for the death of Engineer Thomas V. Rogers in a -wreck between Bonne ville and Warrendale, was placed on trial in Judge Gantenbein's department of the 1rcuit Court yesterday on a man slaughter charge. The regular panel of jurymen was ex hausted with the calling of five names, and it was found necessary to issue sub penas for a special venire. Of the five jurymen examined, four had not secured full citizenship papers, and were there for disqualified from doing jury duty. O. M. Hirsch was challenged peremp torily by the defense. At noon yester day Judge Gantenbein continued the case until this morning, owing to the funeral of Judge George H. "Williams. Kains Cause Landslide. - The wreck for which I-ewls is declared responsible occurred to the Portland-Chicago fast freight No. 55, which was derailed by running Into a landslide caused by the heavy rains of last Novem ber. The accident occurred November 22, about 6 A. M. The engine was over turned, and nine freight cars piled upon It. Tho engineer stuck to his post, and was pinned under the locomotive, his back and legs being broken, and his face terribly scalded by escaping steam. Although slowly dying, he was able to "talk with the trainmen and ' others who stood by, powerless to help him, and told them to give his love to his wife and two little boys, as well as his mother, and to tell them he was ready to die. The end came an hour end 40 minutes after the accident. J. A. Nesbit and W. T. Furlong, fire man and brakeman, respectively, .on the wrecked train were only slightly injured. Rogers had received his promotion to the position of engineer only three months before the accident. He had been married four years, and was 30 years old. A board of inquiry took the matter up Immediately after the accident, and fixed the blame upon Lewis, the trackwalker, who is said to have deserted his post of duty because of the driving rain 30 minutes before the time for him to be relieved. It is said the slide occurred be tween 3 and- 5 A. M., during a part of which time L-ewis Is said to have been Bupposed to be patroling the track. Special Agent Makes Arrest. "Without waiting for the wreck he is said to have struck out afoot along the tracK, uikx was arreuieu vy ojjevitu Ageui Kd Wood and Deputy Sheriff Archie Leonard from Sheriff Stevens' office at 3:30 P. M., November 23, three and a half miles west of The Dalles. The deputies said he had walked 32 miles on the day of the accident, and that he was nearly exhausted. Behind the fast freight were four pas senger trains which were held until 8 o'clock on the night of the wreck, until the tracks could be cleared. The witnesses examined by the grand jury which investigated the accident were: Sarah A. Seavey, Edward Mc Donald, M. J. Buckley. W. C. Stich, Arthur Dodd and Lwls. rOtXTY AVIXS POOItFARM CASE Judge Bronaugh Holds Commission ers Deed to Spanton Is Valid. Circuit Judg Bronaugh decided the , Frank Bollam poorfarm case in favor of the county yesterday morning, con firming the validity; of the deed given V A. Spanton by the County Court. Hollam allegad that the deed was in valid, saying Mr. Spanton, K. B- Rey nolds. B. M. Lombard. D. E. Keasey and Fred A- Jacobs conspired to prevent competitive bidding after the farm was advertised for sale by the County Court. They were made defendants in the suit. A motion of the defendants for judg ment on the pleadings was allowed yesterday. In deciding the case Judge Bronaugh laid: I am fittll of the opinion that this trans action was entirely within the power of the County Commissioners and County Judge, and as they have apparently acted within the lawful scope of their powers und have not in any wine been parties to mv conspiracy or fraudulent transaction. It is my deoislon that JudKment hould be entered for the defendants and the com plaint dismissed. The allegations that the, County Commissioners were agents In any conspiracy or fraud wer not In any wise substantiated. In the case of B. M. Lombard and H. L. Suydam against Spanton and Rey nolds, the court had previously allowed the plaintiffs to file supplemental com plaints, each setting forth his claims separately. In regard to this case Judge Bronaugh said: This controversy is between these parties m retard to the division of Interests in the same property. The motion Is made to strike the supplement aj complaint from the flies, H being alleged, that the court was in error In allowing the motion of severance ex parte, without both parties belnic present- I thinX the. court was in error and shall allow the motion to strike the supplemental complaint from the files. John Foley, accused of stealing a pie, 15 meal tickets worth $5 each and five tickets worth $2.50 each, was con victed by a Jury in Judge Gatens de partment of the Circuit Court yesterday and recommended to the mercy of the court. The value of the stolen property was $25. Ben Rivera and Charles Im holx were the complaining witnesses. Judge Gatens -will sentence Foley this morning. Court Notes. Ei. Patterson was Indicted by the grand Jury yesterday for larceny by embezzle ment. He was arrested In Denver, his little daughter having innocently dis closed knowledge of his whereabouts to the police. Patterson is alleged to have eon verted to his own use P3$ belonging to T. W. Murphy. The final report of the executors of Wtderlck .Beal's estate shows S10S.3& on Tiaud. . The estate was appraised at 17668.05. $1K?M& of which, was personal property. The executors, William, Harry and Fred Beal, report cash receipts to the amount of $lf&8.21 and disbursements amounting to $19.S& None of the real estate has been sold. L. B. Wickersham. manager of the United Railways Company, did not ap pear in court at 3 o'clock yesterday on the contempt charge, because the Court r2ou0e was closed at 1:30 o'clock in honor of the memory of Judge George H. Wil liams. . Mr. Wickersham will appear be fore Judge Morrow ax 3 o'clock today, however, to aftwer for having failed to obey the court's order to give Linn ton residents a 6-cent fare. Attorney John Manning, representing Lafayette Grover'in his suit against Mrs. Rachel Hawthorne over the title to land near the City Park, accused Mrs. Haw thorne before Judge Morrow yesterday morning of attempting to avoid being subpenaed to come into court to give her deposition. She was to have appeared yesterday afternoon, but a postponement was had. the case being left in the hands of the attorneys for settlement. GERMAN IDEALS DEFINED Their Part In Teutonic Activities In the United States. PORtLAND, April 5. (To 'the Editor.) I wirh, to make a statement as to a news report, in The Oregonian Monday, on "Sunday laws denounced." The meeting re ferred to was not meant to be and was not an anti-prohibltlon meeting. It was Intended to get the German-speaking people of Oregon together for future co-operation in ways suitable to their character and Ideals. As for myself, I had been invited to speak on the history of German discord and concord, and I spoke somewhat as fol lows: The severely clannish attitude of the German-Americans, which has earned them PRIEST IXVESTED WITH TITLE OF DOMESTIC PRELATE. RIeht Rev. A. Bronsgeest. THE DALLES, Or., April 6. (Special.) A reception was given Rt. Rev. A. Bronsgeest at ' The Dalles Hotel last evening in honor of his formal investiture with the title of "domestic prel ate." This investiture had been arranged for January 6. last, but was postponed In view of the fact that a triple celebration was expected. Some time ag-o Rev. M. J. Kelly and Father M. J. Hickey had been offered the title of monsignore, but declined it through motives of modesty, and for the reason that a monetary consideration was one of the conditions re quired by the ordinary. The title of domestic prelate is quite common in Catholic coun tries. It is a mere honorary dis tinction and gives the recipient no additional powers or authority. It simply gives one the privilege of discharging the duties of an ordinary domestic in the papal household. even the reproach of being unprogrresslve and a drag on the moral advance of the coun try, this clannishness seems to ine due to their irrepressible Instinct of preserving iheir peculiar perseverance and thorough ness, their Inwardness and honesty, their sympathy and loyalty. The Germans de mand perseverance of their working men. of their professional men, of their farmers; they respect the expert in all questions, none but the expert who has persevered in studying the problem or in performing the task until he proves himself a thorough past master. To instance it. I reminded the audience of the Pennsylvania Dutch farmer having been a model to his neighbor when nobody thought of scientific agriculture; of the skilled laborer who made American in dustry possible, and of the scientific labora tories Imported from the German universi ties. I reminded those present that the German temperance movement was a failure, as long as women and clergy who never knew and never pretended to know things biologi cal, but succeeded only when an association of physicians and biologists began to In struct the masses of the people. We be lieve these experts are. If anybody, able to understand the laws of life and their re lations to the moral -life of man. which is yet a terra Incognita, to ua all, the dab blers In ethics to the contrary, as far as a science of the moral life is concerned. I would rather see the experts of the Acad emy of Science or an unprejudiced state university help to make the laws of the land, as they have started to do in Wis consin. This perseverance and thoroughness was wedded, I continued, to a certain inward ness and honesty peculiar to the German. Being- In bitter earnest, he understands even his theater as an educational institu tion ; he has produced the most religious oratorios; he has composed even a religious opera; he does not like extravagance in conventional lies; he is terriby, of not awk wardly, honest. This active sympathy, finally, and loyalty I will not try to define here. The burden of my address lay, anyhow, on the question of how to bring to bear the best of tha German character on the solution of prob lems of today. Not by discord and Indif ference. Since Tiberius first expressed hia reliance on this German malady of extrava gant individualism, medieval times wit nessed the farce of the holy Roman empire in the German nation and modern history saw Germany bled and retarded for 200 years by religious wars and persecutions. On the other band, I enlarged on the felessings that unity of spirit and action had contributed to the political. Intellectual, industrial and commercial development of the old coun try. Beginning with the almost mythical rise of Armentus against Roman aggres sion. I passed in review the heroic strug gle of the Swiss peasantry for a free re public from 1291 to 147. the SO years of the rise of the Tutch republic, the revolt of a whole united people in 1813 against the foreign invader, and the unanimous atti tude and action of the German nations in supporting Prussia against France in 1870. In closing. I pledged the audience with the solemn oath of the Rutti scene in "William Tell." All this I said to get our German apeaklng citizens closer together and re mind them of their best traits and the duties therein Involved toward the common wemL E. TAUSCH, Ph. D. NEGRO IS ORDERED HELD Horsesboer Accused. by Girl to Face Grand Jury Inquiry. Finding the evidence strong mjralnst Charles Crawford, a negrro horseshoer, aeensed of contributing to the delin quency of a 12-year-old white girl. Judge Bennett held the accused man to await the action of the grand Jury un der J2000 bonds. The girl and a little companion testified that Crawford had enticed her into the office of his shop at Second and Madison streets under the pretext of giving her Easter eggs. The complaint against Crawford was brought by Miss Emma L. Butler, a deputy of the Juvenile Court. The girl complainant is at the Detention Home. She had been living with Mrs.- Prescott. a negress. near Second and Madison streets. The girl's- mother is forced to travel to earn her living and had left her daughter in the care of the negress. TSead about free excursion given by Woodburn Orchard Co. on page I. I a - - I . - r . '-' - 3 , j y N i ' 1 r I 4 - ..T....if.,f--irrv.ul1, mijjMMjJLUBXJL CREMATORY IS SURE Board of Health Lets Contract for $99,900. PLANT URGENTLY NEEDED Public Works Engineering Company Is Successful Bidder Work to Be Completed in Six Months, or Sooner if Possible. After considering three bids for a modern garbage crematory yesterday morning the Board of Health awarded the contract to the Iubllc "Worka Engi neering Company of Portland for $99,900. The plant is to be finished in six months and la to consume 10 tons of garbage an hour. Aside from the bid of the Public Works Engineering Company there were only two others. The Willamette Iron &. Steel Works submitted a proposal for $100,000 and the Decarie Incinerator Com pany one for $140,000. As it had been determined by the members of the board to award the cen tract to the lowest responsible bidder, it did not take long to decide which firm should have the work. The members agreed that the best offer, as well as the lowest, was by the local company named and awarded the contract. The Public Works Engineering Com pany is a Portland concern, of which A. B. Manley is president. It was organ ized several months ago and submitted a bid when the board first called for proposals, all of which were later re jected, as the Council had not appro priated the necessary funds and refused to do so at the time. Awarding the contract puts an end to a long battle. In which the City Council endeavored to force the Mayor and Board of Health to adopt a certain type of crematory, but without success. The need for a modern plant is urgent, as the present Incinerator is inadequate and a large dump has been made, upon which lie hundreds of tons of refuse, the home of countless thousands of rats. Danger to the city's health has long been threat, ened. The Public Works Engineering Com pany will begin work on the plant Im mediately and will endeavor to complete it within the contract time. PERSONALMENTION. T. W. Lusk, of Silverton, ls at the Peiklns. A. R. Purves. of Ashland, is registered at the Ramapo. Edwin P. Clay, of Forsyth, Mont., is at the Imperial Hotel. Edwin P. Clay, of Forsyth, Mont, is registered at the Imperial. 1 H. I. Murphy, of Fulton. 111., is at the Perkins after a trip around the world. C. C. Lane and wife, of Woodburn, are among the prominent arrivals at the Lenox. F. W. ILampkln came down from Pendleton yesterday and is at the Ore gon Hotel. H. L. Hlne and wife, among the fore most representatives of Pasco, registered at the Oregon yesterday. Norman A. Repp, of Saginaw, Mich., 19 paying a visit to Portland and is among the arrivals at the Nortonia. Charles H. Kayser, mining operator at Dixie. Idaho, came to the city yesterday and Joined the Ramapo colony. Dr. C. B. Cauthorn, of La Grande, is in the city and staying at the Oregon, accompanied by Mrs. Cauthorn. B. R. Bryson, well known representa tive of the legal fraternity at Corvallis, reached the Cornelius yesterday. Judge W. D. Wood. Seattle capitalist, is staying at the Portland while looking after business Interests in this city. R. C. Lange, engaged in business at Chehalis, Wash., came to the city yester day and is registered at the Oregon. Dr. August M. Kinney, son of one of the pioneer physicians at Astoria, is in the city and registered at the" Portland. F. P. "Van Cleave, manager of a large implement house at Echo, is at the Per kins, while visiting the wholesalers of the city. A. S. Reed, on of the financial backers of the business interests of Astoria, is among the well-known Oregonians at the Imperial. J. P. Page, among the heavy timber and lumber operators of the Carson, Wash., district arrived at the Imperial yesterday. ' Mrs. Clark W. Thompson, wife of the well-known lumber mill operator at Cascade Locks, arrived at the Portland yesterday. M. P. McClaln, among the younger set of business men at Eugene, arrived at the Seward yesterday and Is accompanied by his wife. ' R. M. Johnson, a leader among the mercantile fraternity of Corvallis, is among the out-of-town traders who went to the Perkins last night. C. W. Colby, representative of the Erie Railroad on the Pacific Coast, is up from Ban Francisco and associating with the railroaders at the Seward. C. B. Hendenshott, of McMinnviUe. and A. A. Waymire, of Amity, concerned in the letting of contracts for structural Iron work in this city, are at the Lenox. Frank McCullough and wife, social leaders at Spokane and possessing a large number of friends in thia city, came down yeaterday for a week at the Port land. W. P. Donovan, one of the Minnesota farmers who are being attracted to Ore gon, is staying at the Cornelius while investigating various portions of the state. Robert C. Hill, managing editor of Railway and Marine News, of Seattle, Wash., came to Portland yesterday to attend the funeral of hl fathei, Andrew H. Hill. Charles M. Pond, wife and daughter, and Mrs. F. M. Joyce and daughter, all of Minneapolis, Minn., are among the ar rivals at the Seward and are touring the Coast. W. E. Eddy" and Mrs. Eddy, among tha prominent residents of Richfield, Wash., stopped at the Lenox yesterday on their return from a Winter among friends at Cleveland, O. J. R. McCraken, of White Salmon. Wash., one of the large land owners and business promoters of the fruit belt across the river, is at the Nortonia. ac companied by Mrs. McCraken. F. B. Clark, ex-president of the Spo kane, Portland & Seattle Railroads left the Nortonia yesterday for a few days at Seaside. Miss Susie Clark, his daughter, departed at the same time for a visit to friends at (Bremerton, -the naval sta tion on the Sound. Governor F. W. Ceneon and Mrs. Ben son. Justices of the Supreme Court T. A. McBride, F. D. Moore, W. T. Slater, R. Eakln and Will R- King, were at the Imperial last night after the funeral of Judge Williams, which was the occasion of their visit to Portland. CHICAGO. AprH (-(Special.) Port land people- registered at Chicago hotels today are as follows? At the How to Nip a Cold or X Cough in the Bud To let a cold or cough "wear itself out" is both needless and dangerous. If you will take five minutes and make up the simple remedy described below, you can wipe out a cold or cough as soon as it appears. Even deep - seated coughs yield to it very quickly. A whole pint of it costs only 54 cents, but there is no better remedy at any price. Take a pint of Granulated Sugar, add yz pint of warm water and stir for 2 minutes. Put 2H ounces of Pinex in a pint bottle and fill up with the Sugar Syrup. This keeps perfectly and lasts a family a long time. Take a teaspoon ful every one, two or three hours. The taste is pleasing. Use the Ingredients as given here. Granulated sugar makes the best syrup. None of the weaker pine preparations will take the place of the real Pinex it self, which is the most valuable con centrated compound of Norway White Pine Extract. Tour druggist has it or can easily order it for you. This mixture is also excellent for whooping cough, bronchitis, chest pains, etc Strained honey can be used instead of the syrup, and makes a very fine honey and pine tar cough syrup. Some of the best-known druggists here, as Laue-Davis Drug Co. (distributors), and others think so well of the above prescription that they guarantee it to give perfect satisfaction or refund the pur chase price. Congress, George T. Galllgan; at the Brevoort, W. B. Crane. CHICAGO. April 6. (Special.) John C. White, of Roseburg, Or., is at the Con gress Hotel. NEW YORK, ' April 6. (Special.) The following persons from the Pa cific Northwest registered atNew York hotels today: From Portland M. L. Asher, at the Broadway Central. From Seattle W. S. Wheeler, at the Cadillac; H. H. Dawson"Mrs. F. L. Clark, Mrs. W. Stoddard, at the Im perial; Miss D. Stlmson, at the Wolcott; D H. Cohn, Mrs. D. H. Cohn. at the Hotel Astor: A. B. Howlett. at the Grand Union. From Spokane C. E. Manning, at the St. Denis; T. Hocker, at the Navarre. NEW YORK. April 6. (Special.) The following persons from the Pacific North west registered at New York hotels- to day: From Portland E. J. Oliver, at the Seville; G. E. Tilley, F. C. Tilley, at the Navarre; Mrs. -J. J. Febvet, at the Union Square. From Belilngham, Wash. H. P. Brad lee, at the Herald Square. THEATERS TO BE WATCHED Police Get Orders to Safeguard: Pa trons of Playhouses Hereaftar. Regulations made by the city ordi nances to safeguard the patrons of theaters will be strictly enforced in the future by the police. Notice to this effect was posted by Chief of Po lice Cojc yesterday at Police Headquar ters in the form of an official order to the captains of police, requesting that the rigid enforcement of these or dinances be effected. Part of the order says: "You will in struct the officers to give particular attention to sections 3. 7 and 30 of ordinance -14145, on page 261, which says that all doors must open out wardly, must be fastened with mova ble bolts, which are to be kept drawn during performances, and to see that exits are lighted as provided for in this ordinance." . "This order is the result of careless ness on the part of some of the theater managers," said Chief Cox. "I have received several complaints, and upon looking into the matter have found that they have been delinquent a little ' in observing the care which they ere supposed to exercise In living up to the provisions of this ordinance, which is an extremely important one. This will no doubt immediately remedy the condition complained of." At the same time orders were Issued to arrest all bicycle riders found riding upon the sidewalks contrary to ordl- The home of the American Slates Product Co. Write for free Booklet. 219-220 Com. Club. Bldg. Nervous Prostration For Three Years "Dr. Mis' Restoratrre Nerv ine cored me of a period of oervoos prostration of over three Tears duration, and the Anti Pain Pills are as necessary to us as the roof of . our house. JTbey have been household rem edies wkh s for many years." tWM. T. LOUGHRAN, . 1214 Catherine St., Philadelphia, Penna. Much sickness is due to nerv ous troubles. Headache, diz "ziness, epilepsy and insanity are nervous troubles. Then there is a large class of disorders which arise from a weakness of the nerves of an organ or part, as weak rungs, heart, stomach, kidney, bladder, eyes, etc Dyspepsia and indigestion are usually the result of nervous disorders. Restorative Nervine soothes the irritated nerves, and assists the nerve cells to gener ate nerve force. Dr. fcMtoe' Nervine Is seid by all drug filets. X tM lira bottle falls to benefit, year dng04st wtN mlii 11 your money. The Addition u u rt to 11 n ti ta (IN N. E. QUARTER) -The Lot That Can Be Purchased for $750 Now Will Cost From $950 to $1000 on April 15 r Prices of residence property in Portland will never again be as low as they are today, and this is especially so in the most highly improved and restricted class of home property. Laurelhurst is not alone the most highly improved residence property in the entire city, but it has an individuality about it that can be found in no other section. Take the system of boulevards as an ex ample. Here are 444 acres all laid out on one extensive plan of magnificent boulevards, serpentine drives, etc., winding in and out among beautiful homes, all built to. conform to a strictly enforced building restriction and all homes set back an equal distance from the walk. There will be 52 miles of homes in Laurelhurst and 26 miles of asphalt streets. Just realize if you can what this means. There will be more miles of asphalt streets in Laurelhurst than in all the rest of the East Side streets, put together. Laurelhurst lots are being offered today at prices that are 50 per cent too low. Laurelhurst lots are today cheaper than lots in the unimproved sec tions of the city which are much further xrat. It will pay you to investigate Laurelhurst if you contemplate the ' purchase of a home-site. From a standpoint of invest ment it is ideal, for it is not alone closer in to town, more highly improved, but has three of the best service car lines in town." See the property in our automobiles or take the Montavilla or Rose City Park cars. Deal with any of our authorized brokers if you prefer. ACTHOmZRD BROKERS t Charln Iv. Henry Co. Wabefleld, Fries A Co. Georte D. Scbalk. H. P. Palmer-Jones Co. Holmes 4t Menefee. Mall & Von BorslcL Mackle & Roantree. R. F. Bryan & Co. fr'rfck-Dodda Co. Ruff-ivleinsorgre Land Co. Dubois A Crockett Realty Co, Chapln & Herlow. liaaa Jt Rinsjler. '1 nances and requesting the officers in curtail this practice, because of which Chief Cox, in which danger to life and the suburban districts to watch and many complaints have been received by limb has been alleged. 'Cook says it's K C Bating: Powdah, lady." . i"Are you sure, waiter? I thought that was a cheap baking powder. y "Yes, lady, cook; says that powdah 'd be -cheap at any price. 'Fraid you all's preiur diced, lady." Yes, lady, we're afraid so too. Prejudice does keep us out of lots of good things in" . this life. "When it comes to baking powder, the prejudice vanishes when you try Moderate in priced but 'not cheap. " Used exclusively the diners of many railroads and in the finest hotels, where highest quality is sought regardless of cost. Made of the purest tested ingredients. Guaranteed under all Pure Pood Laws. If you don't like K. C better than any other your grocer returns your money. ' . YouH be more than pleased and wonder at the. modest price. Here's the reason t we're not in the trust. Our price is the fair price for a perfect baking powder 25 cents for a) 25-ouncecan. A higher price is extortion. Get a can on trial tinder our guarantee. Send tnr the coupon it contains, mentioning: this paper, and ) we will mail you ' 'The Cook's Book," a fine collection of selected recipes by Mrs. Janet M. Hill, beauti fully illustrated, a book you will prize. Don't fail to get it. It's worth a dollar to any housewife. - Jaques Mfg. Co., Chicago HtniTnT!iFTHlTi:!i'nMin:'ti::t:l with Character SALEM AGEXCT, A. N. MOORF.S, - 2 BISH-BKK1MA. BLOCK. EUGENE AGENCY, HAGLADRY & SHUMATE. ALBANY AGENCY. A. T. STARK. WALLA WALLA AGENCY, DRUM HELLER A ENNIS. 1 W. C. KOEUNE. J res BAKING POWDER i) r acurS5lhojnyt CV 522-526 Corbett Building Phones Main 1503, A 1515