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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 11, 1914)
TTTF, 'MOT? XING OREGOXIAX, AVEDXESDAT, 3IABCH 11.- 1914. 18 RICH BILL! BARKER SENT TO ROCKPILE Genial Man About Town. Prominent Clubman, Pleads Guilty to Speeding. FIVE DAYS IS SENTENCE In Company AVHU I-'our Other Pris oners, Shilling; Xevl-ved Goes to Sub-Jail Attempt to Set Ver dict Aside Is Probable. TV. C. (Billy) Barker, wealthy club man, and heir to several hundred thou sand dollars, was sent to the rockpile WEALTHY CLUBMAN BOARDING CAR TOR ROCKPILE TO ... i&w ,. WILHAM C. for five days by Municipal Judge Stevenson yesterday, after Mr. Barker had pleaded 'guilty to speeding 50 miles an hour on Sandy Road near East Twenty-fourth street. Mr. Barker left witlt four others in charge of a guard yesterday, but his last words as the United Railways train started for the Linnton rockpile were: Til be out tomorrow." His ' commitment to the rockpile came after a technical mixup, in which Municipal Judge Stevenson, and Chief of Police Clark each declined to take the responsibility, for sending Barker to the rockpile. After a conference between the two offioials Mr. Barker was committed to Linnton. Mr. Barker says his conviction was due to a mistake by his attorney. The lawyer saw Municipal Judge Stevenson privately Monday afternoon and said Mr. Barker would be willing to plead guilty if he were fined and his car ordered locked up for a period. Judge Stevenson refused to commit himself prior to the trial. Guilt Plea Announced. "When Mr. Barker came into court his attorney announced his willingness to plead guilty. Judge Stevenson, without prelim inary, said: "The sentence will be Ave days' imprisonment." Tour Honor, will you give ns a few days to prepare an appeal?" queried the lawyer. "There is no appeal," answered Judge fitevenson. "You have already pleaded guilty, and the penalty has been named." "Come," ordered Bailiff Johnson, and Mr. Barker was escorted into the prisoners' detention room. Mrs. Barker, a bride of a few months, appeared in the courtroom, contrary to the orders of her physician. Dr. Sanford Whiting, to appeal for her husband. Judge Stevenson's sentence was in terpreted by jailors to mean a jail sen tence. Accordingly he was about to be made a trusty at the City Jail, when others, who interpreted the sentence as being one upon the rockpile, interfered Judge Stevenson declared that Chief Clark, as custodian of the Jail, was the man to decide whether Mr. Barker . was to be lodged in the City Jail or at the rockpile at Linnton. Chief Clark contended that the sentencing magis trate was the one to designate the prison. They conferred and decided to bend Barker to the rockpile. Photographer Is Accommodated. Plentifully supplied with magazines, the wealthy prisoner started out with four others to the United Railways train, which was to take them to Linn, ton. He held his handkerchief before bis face to ward off a newspaper photographer, but when the photog rapher caught him off his guard as he boarded the train, he smiled and stood still while the picture was taken. On board the train Mr. Barker was cheerful. The other prisoners were shackled together, but Mr. Barker was put on his honor and settled down to read a magazine. "I'll be out of this tomorrow," he told a newspaper reporter. "My lawyer just made a slip in his speech, and I am going to the rockpile for it. But I'm all right. "Just say that I'll be, out tomorrow and make the story as decent as you can." Mr. Barker is believed to be about to file habeas corpus proceedings, fol lowed by a plea for a writ of review from Judge Stevenson's ruling. The point of law involved is that the city auto ordinances, under which Mr. Barker was arrested by Patrolman Coulter Sunday, apparently conflict Tvtth the state automobile law, in that they prescribe prison terms for speed ers, and thereby make their penalties greater than the state law. State Law Provide Fines. The state law says that cities mas regulate the traffic within their bound aries, but may not prescribe, penalties greater than tnat provided in the state law, which orders fines for the first two convictions of any speeder. Mr. Barker's fatlier was a wealthy timberman. who left the bulk of his estate to his son. His rapid dispersal of the money led his sister to appeal to the Circuit Court to appoint a guardian for him. Evidence was offered showing that Mr. Barker spent $50,000 In a year. -A guardian was appointed. Mr. Barker is a genial man about town. He is slightly below medium height, with a pleasing face. He wears glasses and when talking- of his ex periences his eyes fairly twinkle. Though his sentence came as a com plete surprise, beyond coloring and gulping a few times, Mr. Barker made no sign of distress, and laughed about the case. SURVEYS ARE EXPLAINED Commissioner Dieck. Issues State ment Kegarding Changes. ' In regard to the bench level surveys, which are being made by the public works department of the city. Commis sioner Dieck yesterday Issued a state ment explaining the matter, in part as follows: Prior to the passage of the ordinance es tablishing a new datum plane of elevations within the city there were in use within the city limits three distinct P ana, the United States geological survey plane with reference to mean low water at Astoria. Or : the United States Army datum plane, with reference to mean low water In the Willamette River, and the city datum Plane referring to an arbitrary mark within the city limits, , - Of course, the actual elevation of any point above the earth's surface is inde pendent of the plane of reference used. For Instance. If a certain object be 10 feet above the first floor level ana 20 feet above the basement level, in no way is the actual elevation changed by reference to either one or the other of the surfaces or to any other plane ot reference. The same state ment, or course. Is true with elevations or streets sewers or sidewalks. Of late it has become increasingly cvl- "BILLY" BARKER. dent that the recorded elevations within the city were of questionable accuracy, and that a re-check of such elevations and . an ex tension of the system of official elevations to certain districts not yet covered by suit able points of reference (or bench marks) were an absolute necessity. To this end a re-establishment of datum plane was made by the Council. In no way does such re-establishment of city eleva tions or the work Incident thereto imply any alteration' in street elevations, in grades or in street Improvements. The only effect of such work will be the clerical adjustment of records and the end desired is solely uni formity in procedure. The general instruc tions to the field party are that actual, existing elevations upon present street im provements shall be taken as standard, re gardless of evident errors or inaccuracy In records. .... CHANGING SHOW DATES UP Commercial Club Board Discusses Delaying Stock Exhibition. Proposal to change the date of the Pacific International Livestock Show in Portland from the second week to the third week in December will be made to the board of governors of the Commercial Club next week. The mat ter was brought up at the meeting yes terday, but no action was taken.. The president of the Lewiston Com mercial Club will come to Portland and will confer at the coming meeting with the board of governors. The livestock show in Chicago is set for the first week in December, and the Lewiston show the second week. It Is held by many that better attendance at both the Portland and Lewiston shows will be assured if the Portland date can be changed and the conflict in dates eliminated. LAND COMPANY DEFENDANT Wasco County Tract Declared Mis represented by Buyer. Charging that land in Mosier View Orchards, in Wasco County, which he had contracted to buy, is not as it was represented by the sales agent of the company. E. D. Lang yesterday, filed suit against the Hood River Orchard & Investment Company and J. H. Devlin for f 1375. which ho charges he has paid on the $3600 contract. He de mands further $100 which he charges he has soent in labor on the place and $40 on repairing buildings. Another suit brought several months ago by T. H. Fields against the same defendant and on the same charges is in the hands of three referees ap pointed by Circuit Judge McGinn to examine the lands sold by the company. ALASKANS ARE ATTRACTED Portland Literature Is Complimented by North Folk. Interest in Portland, among citizens of Alaska, has had an awakening as a result of the establishment of steam ship service between this city and the ports of Southeastern Alaska. Just prior to the sailing of the Wand for Alaska, the Chamber of Commerce sent to Alaska a large amount of Oregon and Portland literature, and letters of acknowledgment are now being re ceived in which high compliment is paid Portland. .' In a letter of thanks from the Haines Democratic Club in Alaska,-the secre tary said: "It is by far the most at tractive literature that has ever reached us, and I must say it has attracted much attention in this vicinity." BANKRUPTS DENY FRAUD Members of Former Firm of Robin son & Co. to Stand Trial. "Not guilty" was the plea entered by W. W. Robinson and E. K, Oppen heimer. charged with conspiracy to con ceal assets of a bankrupt, when they were arraigned in Unifed States Dis trict Court before Judge Bean yester day. Robinson and Oppenheimer were of ficers of the clothing firm of Robinson A SSgpSBSBSBBBBBBBBBSSBBSjgg ..he To its readers for Six Coupons and the cost of distribution Says One Critic: "There's a lot of fun in many of these old songs good, honestv clean fun, without any subtle sex insinuations or cynical flings at the institutions once held dear now merely high-priced. That's the essential note in Heart : Songs cleanliness - and decent regard -for the good, the true and the beautiful." . v vv . , ; . ' Frank Putnam. Ten Classes of Song Soma Selections from CLASS I America Battle Hymn of Republic Bonnie Bine Flag British Grenadiers Cambells Are Coming Danish National Hymn Dixie Field of Monterey Girl I Left Behind Me Hail Columbia Hail to the Chief Italian National Hymn Jnst Before the Battle, Mother Lubww's Wild Hnnt Marseillaise Hymn Maryland, My Maryland Red, White and Blue Star Spangled Banner Tenting Tonight Tramp! Tramp! Tramp! When Johnny Comes Marching When This Cruel War is Over Yankee Doodle 400 Other Songs Just as Good! Arranged in Ten Classes Folk Songs War Songs Sea Songs Patriotic Songs Chanteys Lullabies Child Songs Dancing Songs Love Songs College Favorites Sentimental Songs Comic Songs Pioneer Songs National Songs Sacred Songs Cfrrt h ITTld SymdicmU Ct.. Ik. & Co., which became bankrupt last Summer. Trial of the case will begin May It CANDIDATES TO EAT FISH Trail.1-porta ion Club Gives Invitation ' to Salmon Day Feast. Salmon day will be appropriately ob served in Portland on Friday. The celebration here will be under auspices of the Portland Transportation Club. W. A. Robbing, president of the club, issued an executive order yesterday, in regard to the observance. The club will give a feast at noon In the blue room of the Multnomah Hotel. Candidates for the different political offices, both state and county have been ' invited to be. present and the chairman of the day . will allow each candidate three minutes to speak. Judge William A. Munly will give an FOUR years in collecting from the FOUR corners of the earth FOUR hundred heart songs for FOUR million American homes The Great Musical Treasury HEART Now being Get your book NOW and sing tonight at home the dear old melodies of days gone by. Portland When You and I Were Young, Maggie The .old couple who have made the journey of life together, hand in hand; who have bowed their heads to the tempest, and bared them to the sunshine; who have been one through all their joys and sorrows; ; ' . As they sit together tonight alone by the fireside all but one of the fledglings flown from the home nest what "thoughts too deep for tears are theirs I -, ; The music and words of this tender old song illustrate beauti fully its matchless sentiment : But to me you're as fair as you were, Maggie, When Look for HEART published address on the salmon industry. importance of the FARE HEARINGJS MONDAY Garden Home and Linnton Cases Before State Commission. Hearing on the petition of the United Railways to increase rates of transpor tation and of the residents of Oarden Home to compel the Oregon Electric to reduce fares to Portland will be held by the State Railroad Commission Mon day. The connection between the two cases hinges on the complaint of the Garden Home -people that the. fare, to Linnton was only 5 cents, while" to Garden Home, the same distance, it is 10 cents. To remove this alleged dis crimination the United Railways seeks to have the fare to Linnton raised to 15 cents. The conditions of the franchise, how ever, demand a 5-cent fare to Linnton, and on this fact the people of Linnton JSSSi'iliui . presented" by esronian When Yoa and I Were Cto. W. onx I. I nf-tm t-Uj t taa kill, -- Maf-fis, T watck to ansa to -s. A ct - tr M t - leaf u4 laaa, Hat-fia, Waert taa yoaaf aa4 U jay and taa t- Taty aay I as taa - Ma vttt ace, - aaftia, T - ataaa ara leu apn(bt-ly taaa ' x c Fmni an Paz 478, Heart you and I were young." SONGS COUPON with music border elsewhere in today's paper. will base an objection to the proposed raise. . . PLAN IS TO AID FARMERS Idalio Official Would Provide Dairy Cows on Long Payments. LEWISTON." Idaho, March 10. (Spe cial.) Major Reed, Idaho Immigration Commissioner,, has outlined a plan to assist the farmers of Idaho in. increas ing and improving their dairy herds. It is his intention to interest Eastern capital in the venture to the extent of $250,000. With this in view he will soon make a trip East. The Major's . plan contemplates the sale of high-grade- dairy stock to farmers on the long-time payment plan. He recently laid his plan before Professor Carlyle, head of the Agricul tural College and the experiment sta tion of the University of Idaho, who wrote him a strong indorsement, in part -as follows: "If,- through your plan,- the. farmers Young I. A. BirrrantxD Sings" of Idaho could secure improved live stock in sufficient numbers to consume the surplus forage and grain of the state, they would soon be financially independent, and without some such assistance I can see. no hope for their ultimate success in- developing that section of the state as It should be de veloped." JURY AT SCENE OF KILLING Opening Statements Made in Mitch . ell Murder Trial. Opening statements by. counsel in the E. E. Mitchell murder trial were made yesterday, after which, the jury was taken down to-view the scene of the killing, near the corner of Third and Burnside streets. The shooting oc cured December 30. following, it Is said, a request made by Georpe Morgan, who was killed, to Mitchell for money. Mitchell's defense, his attorneys have announced, will be self defense. He says that .he shot Morgan only after SYNOPSIS OF TIIK ANNUAL STATEMENT OF THE United States Fidelity and Guaranty Company, . of Baltimore. In the Slate of Maryland, on the Cut day of December, KM 3, . made to the Insurance Commissioner of the Stato of Oregon, pursuant to law: Capital. Amount of capital paid up ? 2.000,000.00 Income. Net premiums received during: the year $ 6,203.007.07 Interest, dividends and rents received during the year 276,067.67 Income from other sources re ceived during the year 64.302.32 Total Income S B.OoS.SrT.W Dlftbursements. Losses paid during the year, including adjustment ex penses, etc f 2,70S,C02.8i Dividends paid during the year on rapitnl stock 200.000.00 Commissions and salaries paid during the year 2,o7S,420.ri Taxes, licenses and fees paid - during the year 20I 007.10 Amount of all other expendi ture JIM.73S.47 Total expenditures $ 6.0S2.859.43 Awets. Value of real estate owneti (market value) t 600.100.00 Value of stocks and bonds' owned (market value) 4.S60.377.00 Loans on mortgages and col lateral, etc ."tft.i49.00 Cash in banks and on liand.... S0o."o3.31 Premiums In course of collec tion written since September 1913 B77.1T.1.1S All other assets ;'.ol ,-JSS.iS Interest and rents due and ac crued 62.730.35 Total assets $ 7.701.O75.OO Less special deposits in any state (if any there be) $ 151.S0O.7t Total assets admitted in Ore gon $ 7.549,274.08 Liabilities. Gross claims for losses unpaid. $ 1,603,537.72- Amount of unearned premiums on all outstanding risks 2.-S71.2S4.22. Due for commission and bro kerage 191.19S.70 All other liabilities 2U4.S0i.42 Total liabilities I 4,900.016.06 Total premiums In force De cember SI, 1913 $ 5.S14.703.I3 Bufciarfts in Oregon for the Year. Total risks written during the year 10,040,o00.0 Gross premiums received dur-' Ins the year 03,673 82 Premiums returned during the year I .20 JM Losses paid during the year... 23.W37.0l Losses Incurred during the year 31.224.01 ToUil amount of premiums out standing in Oregon Decern- 1 her 31, 1913 30.611. "7 VNITKD KTATKS FIDKIJTV & OlAKA IV COMPANY By JOHN R. BLAND. President. Statutory resident general agent and at torney for service, J. L, Hartnian, Portland, Or. Hartman & Thompson, General Agents, Portland. IF MEALS HIT BACK "Pape's Diapepsin" ends Indiges tion, Gas, Dyspepsia and Stomach Misery in five minutes. If what you just ate is souring on your stomach or lies like a lump of lead, refusing- to digest, or you belch gas and eructate sour, undigested food, or have a feeling of dizziness, heartburn, fullness, nausea, bad tasf; in mouth and stomach headache, you can get blessed relief in five minutes. Ak your pharmacist to show you the formula, plainly printed on these fifty-cent cases of Pape's Diapepsin, then you will understand why dys peptic troubles of all kinds must go, and why they relieve sour, out-of-order stomachs or indigestion in five min utes. "Pape's Diapepsin" is harmless; tastes like candy, though each dose will digest and prepare for assimila tion into the blood all the food you eat: besides, it makes you go to the table with a healthy appetite; but. what will please you most, is that you will feel that your stomach and intes tines are clean and fresh, and you will not need to resort to laxative or liver pills for biliousness or constipation. This city will have many "Pape's Diapepsin" cranks, as some people will call them, but you will be enthusiastic about this splendid stomach prepara tion, too, if you ever take it for indi gestion, gases, heartburn, sourness, dyspepsia, or any stomach misery. Get some now. this minute, and rid yourself of stomach trouble and indi gestion in five minutes. Adv. WE CAN NOW SUPPLY THIS HAIR PREPARATION Our big Harmony Laboratories in Boston have caught up with their or ders now and so we won't have to disappoint any who are using Harmony Hair Bcautifier and want more of It. or any who have been advised by your friends to use it. We can now fill all demands, even if it becomes even moro of a rage than it is now. Harmony Hair Beautifier is just what it is named a hair beautifier. It Is not a hair dye or hair oil but a dainty, rose-perfumed liquid dressing to givo the hair its natural gloss and bright ness, wavy softness; rich beauty. Uasy to apply simply sprinkle a little on your hair each time before brushins It. Contains no oil. and will not change color of the hair, nor darken gray hair. To keep your hair and scalp dandruff free and clean, use Harmony Shampoo. This pure liquid shampoo gives an in stantaneous rich lather that imme diately penetrates to every part of hair and scalp, insuring a quick and thorough cleansing. Washed off just' as quickly, the entire operation takes only a few moments. Contains nothing that can harm the hair; leaves no harshness or stickiness just a sweet smellitig cleanliness. Botli preparations come in odd shaped, very ornamental bottles, witlt sprinkler tops. Harmony Hair Beauti fier, $1. Harmony Shampoo, 50c. Both guaranteed to satisfy you in every way or your money back. Sold only at the more than 7000 Kexall Stores, and in this town only by us. The Owl Drug Company. Adv. Raw, Cold, Windy March Many who go through the Winter months in comparative good health fall easy victims to disease during the month of March, with its. raw, co'd, windy weathtr. Duffy's Pure Malt Whiskey a bracing tonic, enables the system to defy the debilitating March weather and gain health and strength..' " Get Duffy's and Keep Well " Sold by druggists, grocers, and dealers at $1.00 a bot tle. In sealed bottles only. The Duffy Malt Whiskey Co.. Rochester. ti.Y. he had been knocked to the ground. The Jury which will try the case fol lows: William Hoss, F. H. Fleming, O H. Haack, C. Polloka, H. C. Forbes John Hansen, F. M. Stark. Adolph t'olson. Martin Multhouf, N. Kennedy N. J. Johnson and B. H. Chapman. The lead is In the heart of the pencil. I. ...... . . . f . K.. KnU.l.VilAR I. atpnf incll. Thf I ong. even. I lc it and I ilso Cojiy- 4 save lime. 17 variations of lead; a Ing Buy 'era by the dozen. Ad I