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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 12, 1910)
THE MOHXTNG OREGOXlAy. TTTESDAT, JULY 12, 1910. 11 STREETS OK ERST SIOE THREATENED Private Interests" Claim Them on Wording of the Original Deeds to Property. TRACT INVOLVED VALUABLE People Are Aroused as Success of Move Would Leave Xo Thorough fares to River Between Mor rison and Hawthorne. Streets between East Water and the harbor line, between East Morrison street and Hawthorne avenue, may be claimed and closed to the city. This situation Jias been looked into by Mr. Purpee. of Purpee & O'Reilly, and he asserts that the owners of the blocks between East Water street and the harbor line own all these streets and that the city has no control over them. This claim is based, it is said, on the wording of the original deeds to the property which reads that the streets ex tend to low water mark. The matter Is one of very great Importance to Central East Portland, as the closing of the ' streets between East MorrtBon street and Hawthorne avenue would affect all the property eastward for some distance, and leave practically no streets In East Port land running to the river. Streets May Be Seized. "I have been informed," said Joseph Supple, a shipbuilder, yesterday, "that there is to be a movement to seize all these streets extending to the harbor line, and that attorneys have been look ing up the matter carefully. Captain Purpee, who is building a dock near the Madison bridge, said very positively that these streets are not open, but really be long to the owners of the adjacent prop erty. I also was informed that the Inde pendent Paving Company, which is build ing a big plant at the foot of East Salmon etreet, is extending its plant into the street. "The claim is made that, according to the original deeds, the intersecting streets do not extend east from East Water street, although all the plats show that they are open. "East Tam hill street is on the south side of my block and I have & roadway extending to my dock. As long as I own the block, I will not close up the street, but somebody else may purchase the block and close the street. According to my information, there is liable to be trouble for the city over these streets. If it is true that the streets do not extend beyond East Water street, a railroad com pany might get hold of the entire tier of blocks and build a fence along in front." Question Never Raised Before. This is the first time any question was ever raised about these streets. All maps (how that they are opened and the prop erty owners never raised the question whether they were open or closed. It be ing asssumed that they were opened. The streets 60 feet wide which, it is said, are not opened, are Belmont, East Yamhill, East Taylor, East Salmon, East Mill, East Main and East Madison. Property is held high between East Water street and the harbor line. The block on which the Independent Paving Company Is erecting its plant cost $150,000, but none of these blocks could now be had under $300,000. The present value of these streets to the harbor, 600 by 60 feet. Is not under $500,000. - DANCE LICENSE REFUSED Objections of Women and Children Carry Weight With Committee. Applicants lor a license to conduct a. dance at 652 hi Alberta street failed yesterday afternoon in their purpose because many women and children had signed a protest against it. Notwith standing the fact that Jesse Brooks, who asked for the privilege of run ning the dance, endeavored to show that Councilman Ellis favored it, the members of the committee voted to deny it. AVhen Councilman Ellis appeared, the license had been refused, but he de clared that he had been present at some of the dances and had decided they were not properly conducted and said he was glad the committee refused to grant the license. The committee voted to recommend for passage an ordinance, . refunding $100 paid by the Oregon Athletic Club for a license to conduct a boxing ex hibition last week. It was stopped by the police without the doors even being opened. MENEFEE TO HEAD COUNCIL Election as President of City Fathers Considered Certain. Election of a president for the ensu ing term of one year will- be the chief feature of tomorrow's session of the City Council. R. E. Menefee, Council man from the Tenth Ward, is slated for the place, and it is regarded as cer tain that he will get the position. Menefee has a number of votes pledged, but just how many is not known. It is generally conceded, how ever, that he has enough to be certain of succeeding George L. Baker, present incumbent. The election will probably take place the first thing after Mayor Simon calls the session to order. Menefee is serving his sixth year In the Council, this being his second term. He has nearly three years to serve, as Councilmen are elected for four years. ' GILLIAM COUNTY POLITICS Majority of Voters Wish Republican Assembly This Summer. CONDON. Or., July 8. (To the Editor.) --The Condon. Or., correspondent of a Port land afternoon paper has persistently and maliciously misrepresented to that paper and Its readers the facts InclJent to "the selec tion of this county's representation in the Republican State Assembly. Tnee published misrepresentations no longer should no un challenged. In his most recent news report attempt this correspondent caused to be printed a report to the effect that only seven of a, total ot 13 members of the County Central committee attended the meeting June 25. when the ten delegates to the State Assem bly were selected. The correspondent made a further misrepresentation 'in the same re port, when he said the meeting of the com mittee was held behind closed doors. Neither of these statements is supported by the facts. The facts are that nine of the 11 members of the County Central Committee were rep resented and participated In the conference and the selection of the ten delegates from this county. At the time the - meeting was held, the County Central Committee consisted of only 11 members and not 13, as the author of the unre:iable report well knew. While two additional precincts had been contemplated for the November elec tion, they were not created until the County Court met here this week, ten days after the County Central Committee met and transacted Its business. Committeemen for these precincts cannot be elected until the general election in November another fact the correspondent referred to failed to In corporate in his report. What Is more, the committee meeting was in no sense executive in character, but, on the contrary, was held publicly In the Cir cuit Courtroom at the County Courthouse. Every detail of the committee's work was unanimously Indorsed by the committeemen. Opposition to the assembly, to which this same correspondent- refered. is not general In Gilliam County, as he represented. In stead, the only opposition comes from a handful of men of varying stability, politi cally, to whose connivance and affiliations may be charged chiefly the fact that a ma jority of the county officials In Gilliam County, normally Republican by probably two to one. are Democrats. Republicans here welcome the assembly as an agency for bringing tire best qualified candidates before the voters and at the same time in suring party harmony and success. As a complete refutation of the pub lished report from this same correspondent, that sentiment against the assembly In this county is increasing, it is only necessary to say that the average Republican Is disposed to criticise the Central Committee for fall ing to arrange for a county assembly by which candidates should be Indorsed for all county offices. These same Republicans may yet request the County Central Com mittee to reconvene, reconsider Its former action in deciding against a county assembly and authorize holding such a gathering later In the Summer. JOHN W. COCHRAN, GIRL HAS GOOD CHANGE MARJORY M AHR, IXJXTRED ACT RESS, 3IAY RECOVER. Despite Loss of Both Legs, Plucky Woman Flans for Future Scene of. Accident Is Perilous. Bravely determined to get well and already planning a future in which she can still be of use in the world, Mar jory Mahr, the chorus girl who suf fered the loss of both legs by falling under a train at Fulton, Sunday after noon, is giving the best of assistance to the surgeons and nurses who have her case In charge, and stands en ex cellent chance of recovering from her frightful injuries. No more, however, can she appear upon the stage, for the surgeons found it necessary to ampu tate one leg at the ankle and the other at mid-thigh. Miss Mahr sustained numerous con tusions and minor injuries in addition to the loss of her legs, and her face is badly bruised. Her quickness of thought in throwing herself as low as possible under the train, which struck her while she was walking with a party of friends on a trestle on the Oswego-Yamhill line of the Southern Pacific Railroad probably saved her life. She is now resting fairly easily at the Good Samaritan Hospital, where Dr. George F. Wilson operated. Poignant sympathy is shown by the theatrical people who were associated with the injured girl. They all speak feelingly of her beauty and of her sunny disposition. She has a brother living at St. Paul, Minn., and another at Grass Valley, Cal., both of whom were notified. A message was also sent to Lewis Hurtig, her husband, who is supposed to be playing in'vaudeville in San Francisco. It is said that the accident to Miss Mahr is the third bad accident suffered by pedestrians on the trestle at Fulton In the last two years. The train run ning to Oswego, backs up on return ing to Portland and it is impossible for the engineer to keep a good watch ahead with the train in front of him. There will be an informal meeting of local theatrical managers at the office of the People's Amusement Company fifth floor Rothchlld block, today at noon for the purpose, of "arranging a monster benefit for Miss Mahr. PERS0NALMENTI0N. George Shine, of St. Helens, is at the Ramapo. Robert Nellson, of Victoria, B. C. is at the Lenox. George P. Larsen, of Washougal, is at the Oregon. M. C. Harris, of Hoquiam, is registered at the Portland. Leslie Butler, a banker of Hood River, is at the Perkins. A. D. Mettle, of Pomeroy, Wash., is registered at the Perkins. George L. Davis, a business man of Medford, is at the Oregon. Thomas Lee and family, of Mexico City, are staying at the Oregon. Mr. and Mrs. E. E. Swain, of Aberdeen, Wash., are staying at the Lenox. Judge H. H. Humphrey, of Kennewick, Wash., is staying at the Perkins. Mrs. J.. Di Hayes, of Portland, has left for a two months' visit in Honolulu. G. S. Smith,, a hotel man of Boise, is at the Ramapo, on his way to Seaside. State Senator F. II. Caldwell, of New berg, is registered at the Cornelius. S. M. Gallagher,' of Astoria, is at the Imperial, on his way home from the fight at Reno. Mr. and Mrs. J. D. Jessup and daugh ter, Miss Gertrude, of San Francisco, are at the Imperial. . " W. F. Kettenbach, banker of Lewlston, Idaho, and family are at the Imperial on their way to Seaside. A. J. Ahola, a hotel man Of Goldendale, Wash., wife and party, are at the Cor nelius, on their way to the seashore. Monte B. Gwlnne, formerly president of the Oregon Bankers' Association, now in the banking business in Boise, is at the Portland. Paul C. Morton, who underwent an operation at the North Pacific Sani tarium for stomach trouble, is improv ing rapidly. Dr. Luella Clay Carson, for many years head of the department of English at the University of Oregon, and now presi dent of Mills College, is spending her vacation in Portland and is staying at the Nortonia. Dr. Carson expects to return to Mills College the first , week in August. Patrick Daughtery," a well-to-do sheep man of Morrow and Umatilla counties, with headquarters at Pendleton, has ar rived in Portland with his' family to re side here permanently. Mr. Daughtery has leased his holdings for a term of years. He is well pleased with Portland and believes this city offers the best in vestment opportunities on the Coast. "Our Own Mixture" in a Pipe. It stimulates thought. It soothes the body. It sweetens the temper. It lightens disappointment Our Own Mixture is the chbice of the fastidious smoker, because it is pure, properly blended. of best tobacco; a sweet, clean, healthful smoke. Ask for it of your tobacconist or Big Sichel & Co., 92 Third, and branches' at Third and Washington and Wells-Fargo bldg. Prizes for Apples Offered. SALEM, Or., July 11. (Special.) As a premium for the best apple exhibit from Marion County at the State Hor ticultural Society show in Portland In November, the Salem Board of Trade has Just offered $25. A local concern has also offered a barrel of spray for the best box of Spltzenberg apples grown in the Willamette Valley. RATES HOLD GOOD V Court Sustains Oregon State Railway Commission. MERCHANT GETS REBATE Judgment Gives Oregonlan Relief Sought From Railroad of Differ ence Between Charges Fixed and Those Charged Him. For the third time Judge Charles E. Wolverton yesterday sustained the le gality of the Oregon State Railway Commission In the United States Court, In so doing the court finally disposed of all the cases pending as a result of the effort of the Oregon Railway & Navigation Company to prevent the ac tivities of the commission in fixing rates. The Judgment declared that W. S. Smallwood, an Eastern Oregon mer chant, was entitled to a rebate from the railroad company of the difference between the rate fixed by the commis sion for hauling freight on Intrastate rates, and that charged by the rail road based on Interstate rates. Shipments Xever Opened. The Portland firms of Allen & Lewis and Lang & Co., received shipments of sugar and groceries in sacks and pack ages, which were never opened after their delivery by the Rlehardson Steam ship Company, but were stored in the warehouses of the concerns for the supply of their retail trade. When orders were received for the goods the same packages were shipped over the railroads to La Grande, Baker City or other points within the state, and the railroads affixed a charge for the haul based upon Its own tariff of rates for freight carried from one state to another. The railroads stood upon the propo sition that the. packages were the same that entered the port of Portland from the water route, and as such were sub ject to those rates. The shippers contended that when the -packages of goods were delivered at Portland the Interstate haul was at an end, and that the goods might be sold In this city or elsewhere. Goods Sent East. Under such conditions, the shipment originated at Portland when the goods were reconsigned to a consumer in Eastern Oregon. Judge Wolverton adopted the latter view and held that when the goods were reshlpped from Portland they be came subject to the rates fixed by the State Railway Commission. He pointed out that after arriving at Portland the goods might be distributed in any one of a number of ways. In the decisions heretofore given the court upheld the constitutionality of the act creating the Railway Commission In this state, and its power to fix rates between points in Oregon. CONTEMPT CHARGE IX TAXGLE Knotty Legal Question Involved in F. E. Earnhart Case. Upon the decision of a complicated legal question depends the liberty of F. E. Earnhart, a Umatilla County farmer, who yesterday appeared In the United States Court to answer a charge of cqntempt. The controversy concerns ownership of Beavert Island. Barn hart says that the case Is outside the Jurisdiction of the Oregon branch of the Federal Court, because an appeal now pending in the Court of Appeals has been once decided in his favor. The attorneys for the opposition assert the decision of the Court of Appeals has been withdrawn pending another hearing. At any rate the Oregon court has never received a mandate from a higher court, and so far as it is officially informed the injunction restraining Earnhart from entering on Beavert Island, claimed by John B. Switx ler, is to be obeyed. . Attorney D. W. Bailey appeared for Earnhart and Informed the court that the island ranch In the center of the Colum bia River Is in the possession of the de fendant, and notified the court that the higher tribunal had set aside the decision of the Oregon branch of the Judiciary. Attorney R. J. Slater, on behalf of Swltz ler, asserted that the clerk of the Court of Appeals had mislaid a brief filed in the case, and that when the matter was called to the attention of Judge W. B. Gilbert, who rendered the adverse opin ion, the Jurist notified the clerk that the opinion should be withdrawn. On these premises Switzler demands that Earnhart be put off Beavert Island, and that possession be given to Switzler. . Beavert Island Is situated in the Co lumbia River, within the Jurisdictlpn of the State of Oregon, and is unsurveyed land, containing about 80 acres. Dave Beavert was an old-timer who located on the island as a squatter, and sold the place in 1803 to John B. Switzler. In 1903 the latter leased the ground to John E. Hatter, and while It was under the con trol of the latter, possession was secured by F. E. Earnhart. The complaint in the case charges that Hatter and Earn hart entered into a conspiracy to defraud Switzler of the property. The case was decided in favor of Switz ler when It first appeared in the lower courts, and Earnhart was permanently enjoined from occupying the land. After Earnhart heard that the Court of Ap peals had reversed the lower court, he again took possession of the property. Earnhart Is now cited to show cause why he should not be punished for contempt of court. t SWAXTOX WIXS COMPROMISE Man Who Helped Mail Service Must Pay for Enterprise. Frank Swanton, manager of the Colum bia Mills at Portland, yesterday effected a compromise, of the Judgment of $2250.97 obtained against him by the United States Government, the result of efficiently handling the mails while serving as postmaster at Nome, Alaska. The set tlement was made on a payment of 50 per cent of the claim. Mr. Swanton has never been in any Instance accused of having made a dis honest use of the postal funds. He was charged with having expended the money in the employment of clerks to handle the tremendous . mail accumulations at Nome . without first having secured per mission from the Postal Department at Washington, some thousands of miles dis tant. Mr. Swanton was in charge, of the office at Nome In the days of the gold excitement or lyoo to iuuz, wnen tne country was fined with adventurous seekers for wealth. During the Winter seasons, transportation of the malls from Alaska to the outside world became an Impossibility. With the first steamers In the Spring went a large cargo of mail, and it became necessary to employ extra help to sort and forward it as well as send out the accumulations of months. When first assuming charge of the office, Mr. Swanton was in the class of New Marilla. Corsets Are in Demonstration Royal Worcester Complete Lines Warner Rist Proof, Redfern, Marquise and Ms 1,000,000 Removal Sale See Toraigfot's Papers for Announcement of Our Great Wednesday Hourly Sales in All Pepts. Better List More Items Greater Reductions Than Ever Removal Sale embraces our entire line of Ladies' Suits Removal Sale includes all of our stock of Ladies' Coats Removal Sale embraces entire stock of Linen Dresses Removal Sale includes ourv entire stock of Silk Dresses Removal Sale also includes all of our Lingerie Dresses Removal Sale of our entire stock of House Dresses Removal Sale takes in our entire stock of Wash Skirts Removal Sale prices prevail on entire stock of Kimonos Removal Sale prices now prevail on all our Petticoats Removal Sale includes our entire stock of Shirtwaists Removal Sale embraces entire line of Child's Dresses Removal Sale prices now prevail on all Infants' Goods Removal Sale embraces entire stock Women's Corsets Removal Sale takes in our entire line of fine Millinery Removal Sale of our entire stock of Hat Shapes Removal Sale prices prevail on all our Ostrich Plumes Removal Sale includes entire stock of Undermuslins Removal' Sale prices now Removal Sale embraces Removal Sale prices on our entire stock of Ribbons Removal Sale prices take in all of our new Parasols Removal Sale likewise takes in all of our fine Laces Removal Sale of our entire stock of Embroideries Removal Sale prices prevail on entire stock of Veilings Removal Sale embraces our entire line of Belts, etc. Removal Sale prices now Removal Sale takes in our Don't Fail to See Tonight's Papers Read Every Item in Our Great Wednesday Hourly Sale Announcement second-class postmasters, with authority to expend a stipulated amount in clerk hire. During. hls Incumbency the classifi cation of the office was changed and the allowance of clerk hire cut off. But Mr. Swanton had spent the money, and so had the clerks to whom it was paid. Under the circumstances, the United States District Attorney was ordered to bring suit for the recovery of the amount, and a judgment was returned against the ex-postmaster. At that time Mr. Swanton offered to compromise the Judg ment by the payment of half, and it was yesterday accepted. A decree has been entered in the Unite'd States Court. COURT RTJI.ES AGAIXST U. S. Native of Palestine Granted Citizen ship in Oregon. Judge Charles B. Wolverton yesterday refused to sustain the contention of the Government that every subject of the Sultan of Turkey is not a "free white" person within the meaning of the natural ization laws. The court ruled that a member of the Caucasian race should be considered a white person, wherever born, and admitted a man to citizenship. The ruling was based upon the applica tion of Tom Bills, of Rainier, for naturali zation. He was born in Palestine, of Assyrian parents, pronounced by ethnolo gists to be a markedly white race, but Bills admitted being a subject of Turkey, where all subjects are denied any element of citizenship. As such, the United States declared that they are not easily assimi lated as citizens of the United States. Ohioan Grateful to Portland. Postmaster C. B. Merrick was yesterday in receipt of a congratulatory letter from John A. Green, secretary of the National Retail Grocers." Association, located at Columbus, O. Mr. Green recalled the' splendid entertainment provided at Port land In June, 1909, for the members of his association which he said "never was ex celled," and recalled that Mr. Merrick had much to do with the arrangements for that affair. The National Magazine, devoted to the grocery business, is devot ing a considerable space to the appoint ment of Mr. Merrick. DANGER TO HOMES OVER Forest Fires on Coeur d'AIene Re serve Under Control. WALLACE, Idaho, July 1L Opeclal.) Superintendent Welgle, of. the Coeur d'AIene Forest Reserve, said this even ing that today's reports and messages indicated all fires on the reserve are under control, though several are still burning. Danger to homes and possibly lives of settlers on the north fork six miles outside the boundary of the re serve reported yesterday is believed to be past. - , In fighting this fire a settler, whose name cannot be learned, got in the way of a falling tree and la .said to be badly crushed. He will be brought to the hos-. pital here this evening. No new fires are reported today. The candy till of the country is some thing over $300,000,000; the school bill is about f450.0O0.O00. Worlman Only a few more days of this Great Removal Sale. The most important merchandising event in Portland's history. Thousands of thrifty people from all parts of Oregon and Washington have been benefited Toy these enormous price concessions in all departments of this worthy establish ment. Many who have been unable to come to the store have shared in the great bargain feast through the medium of our mail order depart ment. For the closing days prices will be cut t lower than ever. Keep your eye on the store. Read our ad3. every day. Profit by our anxiety to sell. Help us to open up the finest establishment in the Northwest. prevail on Fancy Neckwear our entire line of Gloves prevail on all Notions, etc. entire stock Drug Sundries CHARGE TO BE PRESSED PROFESSOR ACCUSED OF HUG GING GIRL, TO BE TRIED. California's Attorney-General Will Take Up Case on His Return from Vacation. SACRAMENTO, Cal., July 11. (Special.) Charges against Professor C. C. Van Liew, principal of the normal echool at Chico, where he ia accused of attempting to hug a pretty girl pupil, will be taken up by Attorney-General Webb, on ' his return ' from a vacation trip Into the mountains. Such was the announcement today at the capital. Dr. Van Liew ia alleged in charges to be unfit to occupy the position he holds; the accusations being formulated by Gov ernor Glllett and forwarded to the trustees. , The Governor's charges are that Van Liew attempted to hug Miss Clark, a girl student: that he had been seen drink- t 10 litl ITS BENEFICIAL EFFECTS ALWAYS BUY THE GENUINE MANUFACTURED BY THE sold bv all leading One Size only. so a Bottle CHILDREN WHO ARB Bit lil.V. Mothers who value their own comfort and the welfare of their children should never be without a box of Mother Gray's Sweet Powders for Children, for use throughout the season. They Break up Colds, Cure Fe verishness. Constipation, Teething Disorders, Headache and Stomach Troubles. THESE POWDERS NEVER FAIL- Sold by all Drug Stores. 25c. Don't accept any substitute. A trial package will be sent FREB to any mother who will address Allen 8. Olmsted, 1 Boy, N. T. Removal Sale of our entire Removal Sale also includes Removal Sale prices prevail Removal Sale prices take in Removal Sale prices prevail Removal Sale of entire stock of Automobile Robes Removal Sale embraces entire stock of Couch Covers Removal Sale now going on on Pillows and Bedding Removal Sale includes our Removal Sale likewise takes Removal Sale embraces all Removal Sale of it's hot Removal Sale embraces our Removal Sale of our, entire (Removal Sale prices prevail Removal Sale embraces entire line of Women's Shoes Removal Sale takes in our entire line of Men's Shoes Removal Sale of our entire stock of Children's Shoes Removal Sale prices placed on our line of Men's Shirts Removal Sale includes our entire line of Men's Gowns Removal Sale prices prevail on all lines of Underwear Removal Sale prices now exist on Trunks and Bags Removal Sale embraces our entire stock of Suitcases Removal Sale prices now prevail on all Dress Goods Removal Sale embraces our entire line of Fine Silks Removal Sale of our entire stock of Wash Goods Removal Sale includes entire line of Linen and Towels lng at bars with young men students; that he had been intoxicated during ses sion of the normal school. Attorney-General "Webb is expected to arrive ' In Sacramento tomorrow. The date for the hearing before the normal trustees has not been fixed. The Choicest Is Used for We buy barley from a certain section of Wiseonsir., where the land is peculiarly adaped to the growing of barley for brewing purposes. It costs us more than other malt the freight alone is $325 a car but we consider it worth while to pet the best ingredients, judging from the rare, appetizing flavor of OLYMPIA BEER and the result ant growing demand for it. There is another reason why OLYMPIA BEER is so popular. "It's the "Water" we use. Chemically perfect brewing water from our Tvuriwater wells. Phone your order for a case of - his delicious beverage. OLYMPIA BEER AGENCY THE BANK OF CALIFORNIA NATIONAL ASSOCIATION OF SAV FRANCISCO FOIXDEU 1S84. Capital Paid in Surplus and Undivided Profits BRANCHES Portland, Seattle, Tacoma, and Virginia City We buy and sell Foreign Exchange: Issue Drafts and Cable Transfers, Commercial Cred Its and Travelers' Letters of Credit, avallabl in all parts of the world; make collections on all points and conduct a general foreign and domestic banking business. INTEREST PAH) ON TIME AND SAVINGS DEPOSITS. PORTLAND OFFICE Chamber of Commerce Building THIRD AND STARK STS. WM. A. MAO RAE, Manager. J. T. BUHTCHAELL, Asst. Manager. and Bon Ton Corsets Mme. Helene Corsets stock of Rugs and Carpets our entire line of Draperies on all our Sporting Goods all of our Wheeled Goods on all of our Lace Curtains entire stock of Chinaware in our line of Glassware kinds of Kitchen Goods weather of Refrigerators entire line of Garden Tools stock of Gas Plates, etc. on all of Cut Glassware "Webb will place supporting evidence be fore the normal board and cross-examine witnesses for the defense, accusing Dr. Van Liew. It is reported that Dr. Van Liew had planned to resign after Mlsa Ada Clark had made her charge public, but waited until too late. Barley Grown Olympia Beer MAIN 679 OR A 2467 $ 4,000,000 $11,300,436 t