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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 17, 1911)
12 THE MORNING OREGONIAN, TUESDAY, FEBRUARY IT. 1911. OBSTRUCTIONISTS OF SPAN OUSTED Federal Judge Bean Rules Against Duniway and Kiernan. DEMURRER IS SUSTAINED JurKt Refuse to Grant Injunction Retraining City Krom Sale of Itroadnraj- Bonds IVdcral Law Is- Cited. In refusing to Issue a preliminary Injunction yesterday, restraining: the city from selling- Broadway bridge bonds, or proceeding- with the ron tructlon of the bridge. Judge Bean, of the Federal Court, held closely to the derision of the Oregon State Su preme Court In pausing upon the same matter. Besides denrtna- the Injunc tln. Judge Bean sustained a demur rer to thn complaint, thus throwing frank Kiernan and flalph K. Uunlway, the brtdae obstructionists. out of court. in rendering Ms decision Judge Bean a-ave the two points at Issue as follows: "It Is alleged that the general Inl tlatlre and referendum plan, as em bodied In the stale constitution, la destructive of the republican form of government and obnoxious to the pro visions of Article 4. Section 4. Fed eral Constitution. Constitutionality l Questioned. "Second, that the amendment of June 4. forbidding the creation by the Legislative Assembly of corpora tions by special laws, prohibiting It from enacting, amending or appealing any charter or act of Incorporation for any municipality, city or town, and granting to the people of such organisations the power to enact and amend their municipal charter. Is a practical abdication of the sovereign power of the state over surn locali ties, and a virtual creation of a state within a state, without the consent of t'ongress. contrary to the provisions of ertion 3. Article 4, of the Federa Constitution." The Judge said his views on the first aueftlon would be found In the cases of Kadilerly against Portland and Ore gon against the Pacific Telephone it Telegraph Company. "I need not fur ther elaborate them." he said. "The second question. he continued, "depends upon the construction and ef fort of the constitutional amendment of 10. It has been construed by the Su preme. Court of the state In Straw against Harris, the City of McMlnnvlll against Howenstlne. and In the recen rase of Kiernan against the City of Portland. State Rights Regarded. "As so construed, and especially In vpiniun on rrnearing in ine laixe case. It does not deprive the legislatlv power of the sovereign right to amend, repeal or even abolish, or to otherwise legislate concerning municipal corpora lions and their Inhabitants, provided it Is done by general laws, and Is there fore not repugnant to the provisions of trie constitution Involved. It Is settled Isw that the Federal Courts In consld erlng the validity and effect of a state statute or constitution will accept the construction placed thereon by he high rat court of the state, and they Iwll no disregard such Interpretation and adopt a aicrereni construction which make It repugnant to the Federal stat ute. "The application of this principle de termines the case. The preliminary In junction will be denied and the de Biurrer to the complaint sustained." M. G. Munley. a sunoorter of thi Broadway bridge project, has gone to Washington. D. C to urge that Senator itourne s measure be passed. This measure authorises the City of Port land to construct the Broadway bridge witn approaches and terminals. The bill Is Intended to cure any defects In city charter which might prevent the construction of the bridge and to give the city officials authority to Is sue the bonds for funds to construct the brMge. Slate Senator Kellaher Introduced similar bill la the State Legislature lAst week. The North F.aet Side Im provement Club, at a recent meeting. innorsea potn bills; and named a com mi rice or II men to go to Salem to loDDy for the state measure. Vermont. They were to be paid for at 10 a thousand feet, less 10 per cent on measurement. Later the price was cut to 134 a thousand feet, and an order placed for about 2.000.000 feet, to be shipped from Shanghai between May and Au gust. The shipment was made on the steamer Skogstadt. and contained 1. 447.117 feet. When the logs were re fused in Portland they were sold In Los Angeles for t:.5 a thousand feet. The Chinese firm demands the differ ence between this price and $34 a thou sand feet. Jewelry Firm Alleged Bankrupt. To have the Booth Jewelry Com pany of Forest Grove declared bank rupt, suit was brought In the Federal Cpurt yesterday. The pla'ntlffs are Nordman Brothers Company, San Fran cisco; M. Schuasler A Co.. San Fran cisco; Henry M. Abrams Company. San Francisco, and M. Seller ft Co. Xord man Brothers Company allege the Jewelry firm owe tbem $1789.82. EX-WIFE CHARGES FRAUD Woman Says Divorce Obtained by Trickery Spouse Remarries. William J. governs, formerly of Prlnevllle and now a Portland resi dent, was made defendant In divorce BUNCO Pi JAILED Lodge Members Testify How They Were Swindled. . WOMAN FIGHTS CHARGES nent residents or to induce others to lo cate here. It Is for this reason that the rail roads are eager to send as many Ore gon residents as possible to the Winter resorts. " Influx of visitors to Portland will begin In the latter part of April, when most of the Oregonlans now in distahf parts, will begin to return to their homes. The passenger departments of afl roads entering Portland already are receiving Inquiries with reference to rates during: the tourist season and especially during; the Rose Festival period. Edward C. Watch and Wife, Convict ed of Securing Aid Prom Lodge Members Illegally, Fined and -Given 140 Bays In Jail. UDon charges that were pressed by SO or more citizens, representatives of many lodges, which the defendants had bilked. Edward Collins Walch and Kdith Walch. his wife, were sentenced In Municipal Court yesterday morning to pay a fine of iioo and to De im orlsoned for 90 days. This sentence New Bills Open at the Vaudeville Houses PAIR WHO VICTIMIZED MANY LODGE MEMBERS. A . -i . . . V iv . - . .. . - j s: ft" s Edward C. Walch. Kdith Walch. Ill PIPE - LAYING PROGRESSES Bull Itun Crew at Work West Urr-ituim on Second Line. of CRRSHAM. Or- Jan. 1. (Soeclal l Laying of water mains for the second Bull Run pipeline has been going on steadily all Winter, the largest crews row being engaged west of Gresham. .vearly all the pipe has been delivered along the route between Sandy River and Mount Tabor. Beyond the Sandy trie pipe win not be distributed unti Spring, although the pipe has been taaen to the Sandy bluff and banked for distribution. About six miles of pipe have been riveted, of which four miles have been tested and the trench filled. The other two miles will be tested this wee it. The work la being done at different places, as at some points It was found inexpedient to do anything owing to the bad weather. The pipe will be run through Gresham. where there will be no work done until Summer, owing to the bad condition In which the streets would be left. Mains and connections are to be placed to supply Gresham with wa ter and the city Is not yet ready to be gin. Plana for the new water and ewer system will be submitted to the City Council at ita next meeting. CHINESE FIRM AFTER CASH Hardwood Manufacturing Company Defendant In Lumber Suit. The charge that the Tactile Coast Hardwood Manufacturing Company n.ade only partial payment on one ship ment of oak logs, and that a second shipment wss refused, are the Issues In the suit of the China, Import Kx port Lumber Company against the local concern, which Is on trial before Fed e. s: Judge Bean. The suit Is to recover J.'l.l:. The local manufacturing concern declares the logs were not up to specifications and therefore not adapted to their use. I'nder a contract of July. 10C. 1.03S. 711 superficial feet of oak logs were to be shipped from Japan by the steamer proceedings brought In the Circuit Court yesterday by his divorced wife. Addle K. Soverns. She charges that he resorted to fraud and trickery in securing the divorce from her seven years ago. Soverns has since remar ried and thus the case promises to be complicated one. Soverns married wife No. 1 In 1S8S and they have four children, aged 21, IS. If and 14. They lived peaceably to gether until April of 104. when Sov erns brough' divorce proceedings, charging cruel and Inhuman treat ment. The charge was not resisted in court and Soverns. relating numreous Instances of bis wife's alleged bad temper, was awarded a decree. Now Ms wife No. I charges that perjured hlmelf In the Divorce Court and decolved her grossly on the day of the trial. In her complaint she relates that they continued living together after the proceedings were brought. On the day the case was set for trial. Soverns left her at home, saying he would go have the case dismissed. Mrs. Soverns says he returned home late I the day to say he had proceeded to put the case through, but that It "dldn' matter." They continued living to getlier until 107. she charges, when Soverns suddenly abandoned her. Now he Is married again. In addition to a divorce, she wants $50 a month alimony for the raalnten ance of herself and children aa th family has had a hard time keeping the wolf from the door for some time past. She charges that Sovern Is now comfortably situated In Portland, hav ing a remunerative position and con stderable personal property. KELLAHER BILL LAUDED Delegation to TTr;e Passage Broadway Bridge Measure. of The North East Side Jmprovemen Association will send a large delegation to Salem when the bill prepare! by Senator Kellaher comes up to cure pos sible defects In the proceedings for the Broadway bridge. W. C North, vice-president, who la acting for the association In the absence of M. Q. Munly. who Is in the East, was author ised to appoint a special committee of IS to go to Salem, but others may go If they desire. A special car on the electric railway may be chartered for the trip. It lias not yet been decided on what day the delegation will go to Salem. A. L. Sauvle. secretary. Is having printed copies of the resolutions adopt ed at the meeting of the association laat Friday night, asking for the adop tlon of the curative measure by the Legislature, a copy of which will be sent to each member of the House and Senate and to the Oregon Congressional delegation. By action of the Oregon Legislature and Congress It Is hoped to block the efforts of the enemies of the bridge from delaying Ita construc tion. DEER PERISHES IN SNOW Cold Snap Fatal to Pel Itoeea Are endangered by Frost. CHEMAWA. Or.. Jan. ISpeclal.) as a result of the continued cold snsp one of the young deer In the park at the Imll.in school was frosen to death last ni.iit. The fawn had never been under rover and althmich a house was open it retrained out In ti-o weather and verlshed. The schoil will aleO probably lose some or its thousands of rose bushes, which were cut off close to the ground Just before the storm. Twenty or 30 of the Indian boys were kept busy a couple of days cutting fir boughs and placing them over the bushes for pro tection. In the hope of saving them. The plumbers are all busy repairing frozen pipes in the water and steam systems of the school. The ground la still covered with snow and unlesa it hould gn off with a freeze the grain crop will be helped rather than Injured. The school's large crop of mammoth potatoes Is safe, the precaution being taken by the gardener to nave a fire In the root house. Medicines that aid nature are alwavs most effectual. Chamberlain's Cough Remedy acts on this plan. It allays he cons", relieves me lungs, opens he secretions and aids nature In re- torlng the svsiein to a healthr condi- Ion. Thousands have testified to Its uperlor excellence. Sold by all deal-rs. Edlefsen's coal satisfies. C S30J, B. tot. takes effects and runs after a similar sentence, imposed earlier in the morn ing by Judge Tazwell upon the two defendants, on a charge of vagrancy. In all. if the cash fine is not paid, the two prisoners will have to serve 280 days, half under the charge of the city and the other half In the custody of the Sheriff. Walch whimpered as he stood before the court, and the wife appeared the stronger of the two. She did the talk ing for both, asserting herself forcibly In defense Of her husband. Witnesses against the pair said that she waa the more skillful schemer. Only once did Walch show any ani matlon and that was when Judge Taz well. In answer to a question of his. said that he could not pay all the pen alty In cash, but would have to work out the SO days. "Work " he almost shouted, and showed great agitation at the thought. J. Woods Smith appeared as prose leuttng witness against Walch and his I wife, and told how he had been re lieved of $5 through their representa tlons that they lived In Astoria and were stranded on their way thither. "Come down to Astoria," he quoted Walch as saying. "H'e have a fine home there and my wife is a splendid cook When Woods began to suspect that he was a, victim, he wrote to the firm of Feard St Stokes, in Astoria, making in quiries concerning the couple, and was told that they did not live there and that the street address they gave was that of the Postoftlce building. Mrs. Walch, who has a little daugh ter with her. seems to have been the brains of the team. They seem never to have made a slip in remembering the secret work of the many lodges with whose rituals they had become ac quainted. Steps will be taken to have the pic tures of the man and woman published in the leading lodge papers, in order that members may be warned against them when they regain their liberty. Orpheum. IDKLY diversified is the bill at the Orpheum this week, wlh two really unusual acta as headliners, one a satire on the weaknesses of present day motor maniacs, and the other a trained leopard performance. The first, which Harry Tate's Eng lish comedy company offers, was seen here two seasons ago, but Is one of those unique, never - grow - old things, genuinely funny all through. A car, driven by a sputtering chauffeur whose knowledge of autos is limited to gog gles and a linen duster, comes chug ging onto the stage and just as sud dently stops for apparently no cause. The owner of the car, a real English chappie, and hl young son, a Rollo youth In Eton clothes, engage in a spirited discussion about the cause of the breakdown. Wayfarers pass, a dirty street gamin pokes his inquisitive nose into matters, and with the arrival of a "cop" the entire jabbering, gesticu lating, know-nothing bunch engage in a free-for-all fight. It's a continuoua and contagious fund of fun that "Motoring" act, as It is called, and worthy headliner. Dolores Valleclta, a chic and at tractive maid who looks "every Inch her name, gives a picturesque animal act. In which a group of beautiful leopards go through a series of tricks that evi dence their excellent training quite as much aa their natural sagacity. As finale to this extraordinary act, Mme. alleclta groups the handsome full grown jungle cats about & piano, and while she plays rapid-fire music the beasts accompany her by ringing bells. Next in Interest Is John Neff, who bills as "the greatest musician In the world. and burlesques excellently, with Carrie Starr, a dainty damsel, to help out the general comedy of the act. John gives a fine account of himself as a comedian, singing a lot of brand new parodies on grand opera scores. Their act Is particularly effective In Its stage setting. Fred Force and Mildred Williams have a farce they call "The Girl Aneaa. in which Force plays a coun try bumpkin capitally, while Miss Wil liams sings, chats, playe a violin and doea queer piccolo notes in her throat. She Is known as the "girl with the mysterious voice," and lives up to the label. The two Kennedys and Miss De Milt contribute a large slice of fun to the programme In their melange of songs. cheerful conversation and eccentric dances. One of the Kennedy lads ta boneless wonder and does terpsichorean steps that bring rounds of aplause. The two Ahlbergs open the bill with i acrobatic act In which they work like lightning1 and, to keep up the simile, it has an electrical effect on the audience. Hess. Munro and Powell, three Mel line food advertisements, vocalize and lnstrumentallze quite some. The orchestra is "there" with four good numbers this week. Boys, Get Busy You Are Sure of a Prize Grand. the world laughs with AUGH and , you Is the motto evidently Lester and Kellett. the droll pair WINTER TRAVEL EXCELS I: TOCRISTS BOUND SOCTII OCT- XOIBEK PAST RECORD. Railroad Men Say Sojourners Aid Oregon, Each 'Lauding State and Inducing Many to Call. Winter tourist traffic from Port land to southern California points is greater this year than ever, but for every Oregonlan who visits California two Eastern and 'Southern residents will call on Portland next Spring and Summer, according to the estimates of local railroad officials. C. w. Stinger, city passenger agent for the Southern Pacific, said y ester day that at least 1000 Portland re si dents will go to California during the winter montns .December, January, February and March. This Is a greater number than has gone out of this city on similar trips in any season since the road was opened. . Hundreds of prosperous Portland residents who formerly Journeyed to Florida and' points in the Old South, now go to California to pass their Winters. Their example is followed by other large numbers from the Pueei Sound and Inland Empire districts. This year a host of Canadian tourists Is ar ranging to do likewise. A special train bearing a large party of them will paan through this city In a few days. ' Instesd of viewing tills situation wltn regret, officials of the local railroads say that it helps to bring people i the state. Every Portland resident awas- from home Is afl advertiser for his own city nd state, they argue. In California aunts Portland people come In regu lar contact with people from all parts of the country and proclaim to them the gloriea of Oregon. The conse quence is that hundreds of Easterners will visit this state after seeing Cali fornia. As a result of the presence In the Southern state of large numbers of Oregonlans, attendance at the next Rose I-cstlval will be augmented tf thousands who never before have seed Portland's annual display of flowers. Every Portland man or woman In notlier part of the country can be de pended upon to bring at least two thers to the state as a result of en- huslasm over thta section. A certain percentage of the visitors to the city can be depended upon to become perma- of of wits who head the bill at the Grand this week. A laugh that is contagious responds from the lips of Lester when Kellett sparkles a Joke at him in answer to some ridiculous pun or frivolity. Also popular with the audience Is pretty Marguerite Fry. who sings with clear high soprano and dresses with a dash and charm. As a pink pajama girl. Marguerite sings a bewitching little skit all about a big black man who Is very scaring to little girls who are not very good and go to sleep when the sand man comes. As acrobats, Caroh and Farnon cause merriment and appreciative ap plause for the skillful feats which they perform. Including dextrous leaps over chairs and tables. The opening number this week is offered by the Chamberlains, Frank and Myrtle, who appear with ropes of various lengths and their expert ma nipulations of these Is as a fresh bit of breath from the prairie. The man so performs several difficult stunts 1th the long stock whip formerly used to drive cattle, but now given up because of its extreme cruelty. Bright bits of late music and medleys of tunes popular and up to date are offered by the two musical numbers on the programme, the Olio Trio and Hart and Berrlck. The Olios are three young fellows who play the piano and banjo to the accompaniment of a series of clever songs. Hart and Berrlck do a short love- making skit full of the ridiculous and clever Interspersed with sentimental tunes and one attractive selection by Miss Berrlck entitled "The Maid Who Used to Be a Chorus Girl." The grandascope has a complicated little plot about more or less serious difficulties arising over a misplaced petticoat. Also words on the efforts of the orchestra are not amiss this week as the selection of airs is an- proprlate and entertaining. The Greater Olds-Wortman-King Store oys' Airs Hip Contest B and Meet Jan. 23d to 28tK Under tHe Auspices of the Aero Club of America 500 im Frie Entries Close Monday. January 23d Busy boys are making Airship Models in every section of tHe city Some are determined to win the big first prize Others will he content with the smaller prizes. Every Exhibitor Will Get a Prize We will positively not permit any professional -made models to enter for prizes. Every model airship, aero plane, or biplane entered for prizes must be made by the exhibitor a boy tinder 18 years of age. The judging will be done by citizens not connected with the store, the points being: Workmanship, Ability to Stay in the Air, Distance of Flight, Original Ideas, etc. This contest offers better prizes and greater inducements to exhibitors than any like contest ever conducted in Port land. Many interesting features will be introduced as the meet progresses. Remember, entries close Mon., Jan. 23 Full Details and Entry Blanks May be Obtained at Advertising Department. 5th Floor. Watch the Daily Papers for Further Announcements REG PRISONER VIOLENT ANARCHIST ATTACKS GUARD OX WAY TO ROCKPIUE. Though Manacled to Others, Strikes and Kicks Keeper In Car, Sentence, Three Months. He RESTRAINING ORDER OUT Pacific and Cnlted Telephone Com panies Can't Interfere. The restraining order preventing the Pacific Telephone Telegraph Com pany or the United Telephone Company from disconnecting: the lines of the Northwestern Jjong Distance Telephone Company was extended by Judge Bean yesterday, so that it will remain in forre until the suit of VT. D. Tyler, re ceiver for the Northwestern Company, comes to trial. The Pacific Company U permitted to apply at any time for a modification of the order. The Pacific Company and United Telephone Company must not refuse to exchange business, and must not in any way interfere with the ex change of business. YEAR'S BATHS COME HIGH Henry Tnerck Is Alleged to Have Taken $089.50 Worth hi 1910. Alleging- that Henry Tuerck enjoyed $999.60 worth of baths and massages during 1910 and then refused to pay for the treatment, J. H. Leader brought suit in the Circuit Court yesterday to collect the sum. An Itemised statement Is not made. T an an anarchist and I will not work for any government," said A. J. Lawler. as he was led out of the Mu nicipal Court yesterday morning under sentence to serve 90 days for vagrancy. He made the announcement at the con clusion of a violent demonstration In the courtroom, in which he denounced the court, police and the Government. This led to an Increase of his sentence from five days to 90 days. Lawler had been at the City Jail since last Thursday, and had been constant source of trouble to the po lice. He was arrested by Patrolmen Hanson and Courtney In the railroad vards and refused to give his name, saying that It was his ' right to pro tect his reputation. He was oraerea out of the city last Saturday, but when he went to obtain his property, sun refused to rive his name. without which It could not be found. He then attacked Sergeant Riley and was re- imprisoned. Handcuffed between two otner pris oners, the anarchist, on nis way 10 Llnnton, grew violent on the street car, and for a time put up a terrific battle, which gave Guard Anderson all he could do to restrain the prisoner. Lawler was quiet, but sulky, when he was brought out of the jail to be turned over to Anderson, and submit ted to being handcuffed. On account of his previous violent conduct, he was placed between other prisoners. After the prisoners were piacea aboard the car. Lawler suddenly be came violent, and. dragging bis mates with him, dashed about the car, scream ing and yelling. He managed to reach Anderson and with his mafiacled hands, though attached to the other prisoners, struck the guard In the face and kicked him. Anderson finally succeeded in subduing Lawler. "A MARRIED WIDOW" FUNNY i Dillon and King Appear In New Me lange Act at Lyric Theater. An amusing concoction of fun, non sense and music is being served at the Lyrie Theater this week under the title of "A Married Widow." the latest piece from the pens of Dillon and King, the comedians. As General Puff TJp, Ben T. Dillon causes no little laughter, going through an ordeal of fear and terror, immedi ately following his marriage to a dash ing widow. Friends tell him of their acquaintance with the bride when she carried another name. In each case the name of the ex-husband was different. and a gloomy tale of how the husband met his death after eating bean soup, supposed to be poisoned. Is unfolded. When the bride appears and Informs the General that she has prepared some bean soup for him. his fears reach the ague state. However, tne wie allays all fears when she tells that In order to escape debts, she and her former husband changed their name at every place they stopped. Will King as a "bell-hop" furnishes lots of fun. He makes a hit with his little parodies on popular songs and was encored several times yesterday, having finally to satisfy the audience with an announcement that "enough Is plenty." Pretty and attractive Maude Rock well received rounds of applause at the performances yesterday for her rendi tion of "Good-nisrht. Dear." Buster Williams, the petite soubrette. sang a catchy little ditty entitled "That Tan kiana Rag"; Miss Norton and Fred Lancaster please Immensely with a lit tle duet entitled "Let Me Tell Toui Fortune, Dearie," and Fred Lancastei was compelled to repeat his "Yom Father Was a Sold'er" several times The chorus was at Its best In "I'm Looking for a Nice Young Man." Edlefsen delivers at present sootiest hard coal for 10. East 303. C 2303. Chief Keacrist Is Reappointed. VANCOUVER. Wash., Jan. 16. Spe cial.) John Secrlst was for the fourth term appointed Chief of Police of Vancouver. The Easy Road To WeDville Grape-Nuts Contains the Food Strength of Wheat and Barley in Easily Digest ible Form."" "There's a Reason" Why should any home be without music when The Wiley B. Allen Co. Fire Insurance Adjust ment Sale places a piano within such easy reach? First of all, the prices are so low for fine pianos and player pianos that every purchase is a solid investment. And the Terms are so liberal that you will find it no burden to buy a strictly high-grade instrument during this sale. Store Open Evenings 304 Oak Street, Between Fifth and Sixth IpT Uncle Sam never takes his glSi . H 1 J -"-1 , ininni.' Uncle Sam never takes his eyes off these barrels, from the time the whiskey first goes into the bonded ware ouse until it comes out per fectly aged, rich, ripe, delightful Crbod old X Pint Size. Bottled In Bond Since 1857, the Standard Rye Whiskey of America ROTHCHILD BROS, DISTRIBUTERS, PORTLAND, OREGOX.