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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 8, 1912)
, TTTE nOHSTSG OREGONIAy, WEDNESDAY. MAY 8, 1912. . : ' ' "I BOAT DRILLS NOT HELD OH TITANIC Stations Not Designated Until rooming of Disaster, Fire man Testifies. SHARP LOOKOUT ORDERED frped Not liminilirl. However, in Far of Piinsrr ISrllUh Public Continue Mkiw Apathy a Inquiry Goes On. 1XIN)X. May T. The apathy of tha British publir. whlrh 1 1 a n hcn one of tn fatur lhu far of the BmrJ of Trade Inquiry Into the Titanic disaster. an nzaln ilrmonMratcd by the tliln alindnt-c whn the tommlsloner undr trie Presl'lrnry of !-rd Mersey, resumed tli-lr lnv:icatlon tixlay. The nrt wltne-K 11-I today waa ileorxe !eaurl Kmr. a tirrman of the Tltanlf. )! testified: "I d .1 rot know whirh 'a my boat station. I hep.rd that a ltt had been put tip that mornlnif. but 1 did not e !t. None had been put up before. 1 did not kniw where to co. so I went up to the boat det-k and to lifeboat .'. 13. on the starboard atde. where 1 helped to put In the women and elilldren. There v a an offirer there and when the lifeboat was full he Rave ttit order 'lower aay." Heat liaet l.lahf er ('eaaeaaa. -There was between and 7 In all In the boat. wMch was put in charge of a .tokrr. There was no llRht. com pass. provlMone nor water In the boat." Kauchanip testlnrd that he had seen no boat lirlll on the Titanic. Robert Mlchens. quartermaster, testi fied that he was on duty on the brllae of the Titanic at o'clock, lie heard i5-ond Ufflrer LlKhtoller throuRh the telephone (rive an order to the men in the crow's nest to keep a harp look out for Ice and rrowlrrn. Illchens went on duty at the wheel at 10 o'clock. lie testified that the l.xhonk showed the rpeed to have been 4j knots In two hour and that thre was no change up to the lime the Ti tanic struck the Iceberg at 11:40. Ilichens said that wntln he was at tempting to get oft a collapsible boat an officer ordered him Into a lifeboat. Thi carried two men as crew and 4i passengers, all of shorn were women, except Major Peuchen and a boy. The boat might have held five or si more l-r.-ons. There was a barrel of water on board, but no compass, and ho thought there were no biscuits. A l:inip was served out to him before the boat was launched. Th boat proceeded toward the light of a ship for five miles. The ship was lin two points on the port bow, but lirr llsht gradually disappeared. Illchens tcstllled that the boat should have been manned with not less than t.ve seamen In calm weather. -Would the lifeboats have been of any u.e at all If there had been a rough Kir Asked 1-ord Mersey. The quartermaster replied emphati cally "I am sure they would not. my U.rd." There had been no instructions given to the crew In opening and working tne rvllapslhle boats, although they were more difficult to handle than life beats. Stately Iteariaa Drag. The examination was significant be raiise It showed the giHrftnmenfs de termination to discover what steps wcr,- taken to get off the third class passengers. The main points brought out in the general Inquiry were that the ship was going at full speed: that no boat drills had been held: that some of the sailors did not know their sta tions, and that the boats were inade quately manned and directed and were not providrd with lights, compasses, water or rations. Whatever comparisons may be drawn by this -stately and well-ordered tri bunal." as one of the weekly reviews predicted It would be. and the proceed ings before Senator Hmlth's committee, the British court certainly Is anything but expeditious. Sir Rufus Isaacs, the Attorney-General, who Is conducting the govern ment's case. Is not acquainted suffi ciently with the details to manage with any economy of time. The result is that he has to stop frequently to con sult with his assistants. DRUGGISTS TOHEAR TALKS S. II. Rich Will Lecture- Tonight l"n dr Auspices of Y. M. C. A. Pharmacists of the city and all others Interested have been Invited by the educational department of the Port land Yotinr Men's Christian Associa tion to attend a lecture In the Y. M. C?. A. auditorium tonight at 7:S" o'clock. The speaker will be Stanley H. Rlcn. a lawyer, who Is also a registered pharmacist. His subect will b "The 1-gul Rights of Pharmacists In the Mate of Oreon." There will be no charge. "We feel sure that this will be an Interesting talk, since Mr. Rich will deal with the many important questions which have been decided by the courts of Oregon." says a circular issued by the Y. M. C A. School of Pharmacy In announcing; the lecture. "The object Is to give clearly and concisely valuable Information which mav be of Interest to the registered druggists and others associated with this business." POLICEMAN CANNOT QUIT mf r Accused of Joyriding on Iutj Most Stand Trial. Policeman Foster, who was sccusej of taking a Joy ride recently while on duty, will not be allowed to resign, as he wished to. but must stand trial bo fore the police committee. t'pon recommendation of Chief Slo ver. the members of the committee yes trilay afternoon decided to compel Koster to appear for a hearing; on the charges that have been preferred. They believe that he should. If guilty, be dismissed from the service, as he has been in trouble before. If he Is guilty, they say. it would not be right to accept his resignation, as. If they did. he could later apply for reinstatement, under civil service rules. 'CRANK' THREATENS MAYOR lolire May Be Asked to Arrest Men acing Letter Writer. ilajor itusblia-ht I l present the target for "cranks.- and It Is probable the police will be called Into consulta tion unlesa letters from a man. whose name the authorities refuse to give out. cease. i;eorge K. McCord. secretary to the Mayor, declined to give the name of tbc man who has written two threaten ing letters to the Mayor In a legible, intelligent hand. In some portions the writer rambles, as though mentally affected. However, last week, it developed yesterday afternoon, a peculiar Indi vidual waa escorted from the executive offices at the City Kali by Detective Sergeant Price. Secretary McCord was reading a letter early one marnlns at his desk when the man walked In and sat down near him. Seeing the letter, the man acted as though he recognised the writing, but he would not admit IU He was searched and a bottle of carbolic acid was found. He asked to see the Mayor, but was refused. Ho I1HTI.AM ITI7.K' ttTIVK IX t.fcUMtV MH'IKTIKS IS LAID TO REST. ririeh Zeltfneba. flrlch Zc4tfuclis. of 4404 Forty second avenue. Southeast, who tiled Saturday. May 4. after a long Illness, was born February ;3. 1S4S. in Sondcrshausen. Thur tngla. Germany. He came to Portland In 1STT. settling n a farm near Mount Tabor. In the fol lowing- Year he was married to Mary Flelshhauer. In IsSD lie engaged in business In Portland. He w a S' prominently identified with a number of German socie ties, ami was also a member of the volunteer fire department. Mr. Zeitfui'hs was burled in Ine Kir t'emetery. He is survived by Ills wife, two sons Knill A. Zeltfuchs. of Oakland. Cl and Kdward 11. Zeltfuchs, of Herke ley. and a daughter. Marie A. Zeltfuchs, of Portland. was not arrested. He returned the next morning, but the Mayor was not in and he left. ENTRIES ARE ANNOUNCED CAXAIMAX nOXEHS AM MAT MF.N YET OXAJItU. Yancomrr lectctl to Send Several Other lo raclflc Norlhwot Clianiplou--hlp3. Kdgar Frank, chairman of the Indoor sports committee of Multnomah Ama teur Athletic Club, announced last night that the list of entries for the Pacific Northwest boxing and wrestling championship tourney, scheduled for Multnomah Club Thursday and Friday nights. Is complete with the exception of the Vancouver Athletic Club men. The Canadian entries will arrive In to day's mall. The following Is the list of entries to date: Mi-pound boxing McNeil. Columbus Club: McCoy. Spokane: Elllngston, Spo kane. i:i-pound boxing Rothus. Seattle: Grlmann. Stevens. Columbus Club; Hol comb. Reed. Spokane. 135-pound boxing Kyeman, Multno mah Club; Rothus,; Duval. Seattle: fSchmer. McDonald. Columbus Club: Knowlton. Firemen's Club; McKevltt. Spokane. 145-pound boxing Madden. Wheat ley. Multnomah Club; Krleger, Colum bus Club: Wall. Spokane. 158-pound boxing Derbyshire, Mie bus. Multnomah Club. Heavyweight boxing O'Donnell, Multnomah Club: Madden, unattached. lli-pound wrestling Meagher, Van couver, Wash., unattached: Ulahe. Spo kane. 115-pound wrestling Pesrcey, Saint, McCarl, Thorsness. Multnomah Club: Kunchey. Seattle: Tarnomoto. Tacoma. 115-pound wrestling Franske, Tral nor. Fabre. Multnomah Club. 145-pound wrestling Duff, Franske, Babre. Multnomah Club; Vance, Seat tle: Talbot. t'omstock. Tacoma; K. Klotsas. unattached. 15S-pnund wrestllns; McCarthy, Rradt. Multnomah Club: Wray, Seattle: Carlsen. Supllcke. Columbus Club; Klotsas, unattached. Heavyweight wrestling Davlscourt. Ilelwlg, Multnomah Club. Or. A. 7. Loo mis has been chosen wrestling referee in place of Herbert Greenland, whose business duties will not permit him to serve. Vancouver entries will probably In clude Krnle Barrlea. lightweight box er; Walker, heavy and middle wrestler; Hatch, welterweight wrestler. PENDLETON STORE BURNS Wonder Stock Is Total Loss of $22,000. FENDLKTOX. Or.. May 7. (Special.) A fire, which broke out on the ground floor of the Wonder dry goods store early tonight, for a time endangered one of the principal business blocks. Prompt work on the part of the fire department kept the blaze within the walls of the building. A stock of dry goods valued at not leas than l.'I.Odl) Is practically a total loss, covered by approximately 1I. 000 Insurance. It Is believed the fire started from defective electric wiring. Flames were shooting from rear windows of the building when the alarm was turned In. County Delegates Chosen. I.TLK. Wash.. May 7. I Special.) Through the primary elections held to elect delegates to the county con vention st Goldendale. May 11. the fol lowing delegates were chosen: James Morgan. W. V. Crane. John Kure ami M. Mi-Ginnlss, l.j le: W. . K. Oneal, I. W. Catterlen. R. M. Craghead and P. O'Kerill. Applelon: C. M. Cutting. 11. Thode. W. Coate and O. J. Smith, Trout Lake. t I I if" . -N..- : -La V i DECISION CONFIRMS CONTROL OF BLOCK Federal Circuit Court of Ap peals Upholds Contention of Mr. Pittock. LEASE NEVER EXTENDED View Taken by Lower Court Is Ac cepted by High Tribunal and Decision Is Expected to End Litigation. SAX FP.ANCISCO, May 7. (Special.) Th? United States Circuit Court of Appeals today handed down a decision restoring to Henry U Pittock, of Port land, or., full control of and clear title to his block In the business sec tion of that city and sustaining him In all his contentions against the men who had undertaken to lease the prop erty. Mr. Pittock had won. in 1910. the suit brought by himself and his wife In the Cnlted States Circuit Court for the District of Oregon against J. Whyte Evans and W. D. Wood. This suit was to cancel the lease given to Kvans. and assigned by Evans to Wood and associates, on the ground of non-payment of rent. Thereupon Wood and his associates appealed to the Tnited States Circuit Court of Appeals. The case was heard before Judges Gilbert. Itoss and Morrow, and the decision, affirming the Judgment of the lower court in cancellinK the lease, was rendered by Judge Ross. The title of the case was J. Whyte Evans and W. D. Wood, appellants, vs. li. U. Pittock and Qeorgiana Pittock, appellees. The Important point at Is sue In the case was whether Mr. Pit tock had granted Wood and his asso ciates an extension of time In which to ay the K-llnnuent rent. Upon this point. Judge Koss) holds that -there had been no such agreement. Case Reviewed la Detail. The case Is reviewed to considerable extent in an opinion covering 24 type written pages, which goes Into details so far aa to give questions and answers made by Wood. The opinion by Judge Koes Says: "As will be seen from the bill, the object of the suit was to obtain a de cree removing cloud from complalnaets' title bv cancelling the lease the ground "of the suit being the alleged fact that the complalnar ts. Mr. and Mrs. Pittock. had thertoforc lawfully de clared the lease forfeited by reason of the breach of Its covenants and condi tions by the lessee. "The real question In the case is whether the time for the performance of the covennnts and conditions of tlio lease was extended by agreement of the parties. It Is contended on the part of the appelants that this was effected at a meeting between the complainant Pittock and the defendant Wood and his associate In the enterprise, llawley. held at Pit lock's offices In Portland on May 13. 1!09." Here JuJuo Itoss goes Into detail as to that conference and finally con cludes: "Not oTily is the claimed agreement on Pittock'a part to extend for nine months the payment of the overdue money strenuously denied by him In his testimony, but we think It Mshly Im probable that he would have made such an agreement. And the testimony or Wood and Haw-ley us to what occurred at the meetiiiR- in question Is far from sustaining their contention. It Is un doubtedly true, as shown by the testi mony of all parties to the consultation that" Pittock did not then wish to can cel the lease and we are of the opin ion, from the record, that he did at that meeting practically acquiesce In the postponement of the commencement of the building by the lessee for the nine months asked for thnt purpose; but that he did not consent to any such delay in the payment by the lee of the money due u der the lease. Agreement ot Made. "In the testimony of Wood and Haw ley as to what occurred in the meet ing of May 13, there Is no statement that Pittock agreed to wait for njne months or any other definite time for the payment of the money due him, and there are Implications to be drawn therefrom, to some extent, at least cor roborating Piuock's testimony to the effect that they then said they thought they would be able to pay the money due within the 60 days from that time. "Not having done so. Pittock gave notice on August 9. 1909. to the effect that unless the money was paid within the next 60 days he would declare the lease forfeited, which he later did. such payment not having been made. The conclusion reached by the court below. and to which we have come after a careful consideration of the record. that Pittock did not make tne agree ment relied upon by the appellants, is sustained by the further facts shown by the record that when the notice of August was received by Wood, the i.itor made no contention that a for feiture for the non-payment of the mnnev due would be in violation oi a previous agreement for the extension of such payment, nor when notified in October. 1909. by Pittock s secretary. the witness Price, that ne naa posmve Instructions to commence suit If the rent was not paid by ocioDer m. aia the defendant claim that here was any agreement for the extension of time for such payment. annouBo e um yiu i.t .ir.iinst the bringing of such suit on the ground that It would do the complainant no good and prevent the defendant from proceedings under the lease and Injuriously affect the work then being carried on by the defendant in Portland. Other QaeaUoaa Sot Deride. The present not being a suit to declare a forfeiture, the other question argued by counsel does not arise. "The Judgment is affirmed." In February. 1907. Mr. and Mrs. Henry L. Pittock entered into a lease with J. Whyte Evans for a period of 99 years, covering the block in Port land bounded by Washington. Stark. West Park and Tenth streets. Four months later the lessee sold the lease to W D Wood, who, with his partner, Jlawley, represented the Trustee Se curities Company, a Connecticut cor poration. . , One of the conditions of the lease was that a building to cost not less than $500,000 should be erected on the premises, work to begin not later than July 1. 1908, and pursued diligently un til completed. The Trustee Securities Company was to Insure payment of the rent stipulated in the lease until the building was constructed. The rent was paid until September I. 1907. On that date the payment of rent, taxes and assessments against the property by the lessee ceased, with the single exception of one subsequent payment of $10,000. This condition continued until Octo ber I. 1909, with constant efforts on the part of Mr. Pittock to have the When You Carry Money there is en ever-present temptation to spend it. If it is deposited in a bank and earning a rgood rate of , interest, you will think twice be fore withdrawing it to spend for anything not absolutely needed. This is why a bank account makes it easier to save and accumulate money. An account may be opened in our bank with $1.00. We pay 4 per cent interest on savings. . Merchants Savings & Trust Company "The Home for Savings." Cor. 6th and Washington Sts. Open Saturday Evenings 6 to 3. Fay Checks Cashed. parties carry out the terms of the lease, although that instrument con tained a provision authorizing its can cellation by Mr. Pittock at any time the lessee became delinquent 60 days In the performance of the conditions imposed therein. In October. 1909. Mr. Pittock insti tuted suit to cancel the lease. Wood and his associates then made a vigor ous defense, charging that an exten sion of time for the payment of the delinquent rent had been granted. Every available technicality was raised by the lessee to continue the case In the courts as long as possible, with a view of inducing Mr. Pittock to con tinue the old lease. I.ltlrxloa Prevents Improvement. The case was finally heard by United States Judge Bean In the Fall of 1910 and Judgment for cancellation of the lease was awarded Mr. Pittock. From tali decision. Wood and his associates appaled to the Circuit Court of Ap peals at San Francisco. The case was heard by the Appellate Court last Sep tember. The logical and practical effect of the litigutlon during its life has been to keep the property off the market and prevent any improvement of any kind. The persistent efforts of the lessee. Wood, together with his associates, to establish an equity in the property have prevented Mr. Pittock for a period of neatly five years from either leasing the property or improving It. Mr. Pittock was obliged to continue the litigation to Its end and the de cision of the Court of Appeals at this time has cleared the property from all possible clouds on account of the lease. It Is not believed any question Is in volved In the case which entitles the lessee to appeal to the Supreme Court of the United States. With the disposi tion of a possible motion for a rehear ing, this decision should end the liti gation. "The appellate court seems to have entered into a review of the testimony. determining therefrom that no exten sion of time was granted by Mr. nt tock," said W. M. Cake, of the firm of I'ahit & Cake, who represented Mr. Pit tock in the litigation. "Mr. Pittoqks testimony Is said by the court to be corroborated and his evidence Is taken as stating the real transactions between him and the lessees. Mr. nttock mere ly permitted the delays In performance, forbearing to begin suit or declare tho lease at an end, tills not constituting any agreement for the extension of tlm- for the performance of the cov enants of the lease to be performed by the lessees." In another suit, tried before a jury In Judge Bean's court, Mr. Pittock re ceived a Judgment for $84,000 against thj lessees for delinquent rent from September 1. 1907. to October 1. 1909. when Mr. Pittock instituted the suit for cancellation of the lease. In this case, the lessees have not lakon an appeal and the Judgment stands against them. LABOR VOTE CAST GIVEN niSCREPAXCIES IX STATEMENTS MAY BE PROBED. Figure on Election Expense, as Given by Worklnpnien's Club, Do Xot Check. James Maguire. secretary of the Worklngmen's Political Club, yesterday filed with County Clerk Fields a sworn statement showing the expenditure of $1625.61 by that organization In the recent primary campaign. The same statement reports subscriptions from candidates aggregating 11247.70, with a number of bills unpaid. The largest Individual contributor was A. W. Lafferty, who presented the club with $300. The report shows that only $21 was expended in behalf of Lafferty and that that sum went for advertising. Small contributions were made by a number of candidates, and several of the labor organizations made donations. Apparent discrepancies in the report, which Is sworn to by Mr. Maguire. are disclosed when it Is compared with the Individual sworn statements of some of the candidates who were indorsed by the club and supported in the elec tion. Kor Instance. Joseph H. Jones, suc cessful candidate for Justice of the Peace, in his report shows receipts for the payment of $76 to either Maguire or Andy Madsen, another officer of the club. Maguire's sworn statement, credits Jones with a contribution of only $20. There is nothing in Maguire's report to show that Seneca Fouts. T. J. Kreu der, W. H. Fitzgerald. Fred W. Prasp. Arthur' W. Lawrence or M. J. Murnane contributed anything. All of these men were supported by the club. Prasp, In his sworn statement, submits a receipt for $35, signed by the officers of the club, for a cash contribution. Lawrence, ac cording to his sworn statement, gave the club $20; Murnane contributed $21. which was used for advertising, and Fitzgerald attached to his statement a receipt for $20. also expended for ad vertising. Neither of these contribu tions are shown In Maguire's- report. It. O. Rector, unsuccessful labor can didate for the Legislature, swears to the payment of $21 to Andy Madsen. and has filed with the County Clerk a receipt from Madsen. In Maguire's re port. Rector Is credited with only $2. These apparent 'discrepancies were pointed out to District Attorney Cam eron yesterday. That official said he would check up the statements, ana that If he finds the corrupt practices l .j.Fqr Boys' Shop, Second act has been transgressed he will sub- it the matter to the grand jury. MOTHERS ELECT OFFICERS Oregon Congress Cliooses Mr.-. Clara If. Waldo President. At a meeting of the Oregon Conirress of Mothers, held at the Young Wom en's Christian Association building yes terday, the following officers were elected to serve until October. 1013: Mrs. Clara H. Waldo. Portland, pres ident; Mrs. Robert H. Tate, Portland, first vice-president; Mrs. A. King Wil son, Oswego, second vice-president; Mrs. C. J. Smith, Pendleton. thirdvlce preaident: Mrs. C. M. Collier. Kugene, fourth vice-president; Mrs. A. X. Bush. Salem, fifth vice-president; Mrs. Clin ton D. Hoyt. Hood River, sixth vice president; Mrs. Harry Tuttle, Medford seventh vice-president; Mrs. Hugh .1. Fitzpatrlck. Hammond, eighth vine-- Ben None genuine with out the name stamped in the hem When 'you are offered silk gloves as Kayser's be sure to look in the hem.If the name is not stamped there, the glove is not the Kay ser Standard Quaty. Genuine Kayser silk gloves may be had for 50c, 75c, $1.00, $1.25, $1.50 AT annift Hosiery: UmbreJIas. yp loves. Hosiery. Umbrellas. 309 MORRISON STREET 'The House That Quality Built" iiat Double Breasted Knicker Suits 8 to 18 Years $5.00' to $20.00 Norfolk Suits, 8 to 17 Years $6.50 to $15.00 Junior Norfolks, 5 to 10 Years $5.00 to $10.00 Russian Suits, 2,a to 7 Years $3.95 to $10.00 Floor Elevator L JL 9 lllg Morrison Street at; Fourth presldent: Mrs. George Browncll. Con cord, recording secretary: Mrs. Uarley I, Walter. Portland, corresponding sec retary: Mrs. Lyman B. Andrews, Port land treasurer: Mrs. J. C. Elliott King. Portland, librarian: Mrs. George T. Gor Hnger. Dallas, auditor. A report from the various circles or the congress saying that they were preparing to take part in the Rose Festival parade and were anxious to secure uniformity of decorations was read. Pioneer Has Paralysis. OREGON CITY, Or.. May 7. (Spe cial.) W. W. Watenpaugh. Oregon pioneer, and member of the Meade Grand Army Post, was sticken with paralysis at his home at the head of Fifth street Friday, and his condition it critical. VANCOUVER. Wash., May 7. (Spe chil.) Many prune trees are shedling their blossoms, making chances for a heavv crop not rosy. The shedding has 99 Boy Romping, jumping, spin ning tops, playing ball, rushing through the house like a whirlwind, get one of our Combination Knicker Suits they'll hold him. Knicker Suits, $5 - $6.50 (Extra trousers without extra charge.) Cowbov Suits, 11.50 and $1 consist ing of hat. shirt, trousers, belt, holster and lariat. Indian Suits, $1 and ti, consisting of Bhirt, trousers and headpiece. Boys' Chaps $5. Sailor Suits,5tol0 Yrs. $5.00 to $10.00 A catcher's mitt, a ball and bat, or a baseball suit free with every boys' suit. Leading Clothier been going on several days, according to A. A. Quamberg, district horticul tural Inspector, who has found a num ber of orchards near the river almost lvoid of blossoms. TOOLS CUTLERY Stiletto Tools are made for , the mechanic "who wants the best. They are manufactured from tha best Tool Steel, are prop erly made to fill his every requirement, and every one is warranted. Sold by All Hardware Dealers Reputable Physicians will tell you most ailments are directlj traceable to the stomach, and "no uian is stronger than his stomach" is an old adage and a true one. So if you have headache, gastritis, pain and fluttering of the heart, rheuma tism, bloating and gas formation after eating, you will know it's the stomach that's wrong. Scotch Stomach Remedy will put your stomach n good work ing order, cure all bad symptoms, di gest your food and give you new life, or your money back. That's the sort of a guarantee you will find on each bottle of Scotch .Stomach Remedy. For the past score of years this won derful remedy has cured tens of thou sands and is guaranteed to cure you or the medicine will be free. Skidmore Drug Co. 151 Third Street. J scours ZZZd' P0USHES I Solid Cake 1 j WORKS WITHOUT WASTE j