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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Dec. 3, 1905)
THE SUNDAY OREGOXIAN, PORTIiXTO) DECE3IBER 3, 1905. MAY STOP RACING H. E. EDWARDS Council Can Restrict Speed of Steamboats. HOUSEFURNISHER 185-187-189-191 FIRST ST. 36 JUDGE GEORGE SO DECIDES Slx-MIIe-an-Hour Ordinance on tlic Willamette Within the City Lini- its Is I-CRal, Rules the Court. The City Council has authority by ordinance to restrict the spoed of steamboats on the Willamette River to ftix, miles an hour. Judge Geoge so held yesterday morning in deciding the rase against Captain F- A. Sherman, of the steamer Bailey Gatzert, appealed from the Municipal Court. There are other cases of the same kind pending In the Municipal Court -which have been held back pending this decision. Racing between steamboats on the river occasioned the passuge of this ordinance. Firms loading doop-wator cssels complained that the tvavos and Fwrll caused by the fast steamboats In terfered with "the work of putting in cargo. Judge George said that the state had full police power to regulate the speed of steamboats plying on rivers within the state boundaries. The state also had the right to delegate that power to a municipal corporation under a city charter, and had done so in the Portland charter. The Legislature in 3901 had given the power to the Port of Portland Commission, but this act was repealed by the passing of the tity charter in 1903. In referring to the defonse that a boat might be forced to a greater rate of speed by stress of the weather, or the rapid flow of the current. Judge George quoted a woll-known legal au thority that "Involuntary acts are not crimes, and necessity is always a good defense." This must be road into the ordinance, rnd If a vessel was forced by the cur jnit to proceed at a greater speed than six miles an hour, or if other natural causes forced a rapid rate of speed, these would bo good excuses. Judge George said he was unable to find any reason why the Bailey Gatzert was rim over six miles an hour on September 20 last. It is stated that the defendant will appeal to the Supreme Court. TEN-HOUJC JjAW UPHELD. Minors Under Sixteen Years of Ape May Not Work .Longer. The statute prohibiting minors under the age of 16 years from working more than ten hours a day is valid. Judge Bears so held yesterday in two cases against John F. Shorey, manager of the rity Messenger & Delivery Company. One Information against Mr. Shorey sets forth that he employed Fred Wagenblast. 13 years old. In July last, and required him to work more ihs'n wmi hours in earh "4. The second Information accuses him of requiring Edmund Hall, 14 years old. to work over hours. The law provides that minors Under 16 years of age shall not work after 6 o'clock P. M.. but Robert Galloway. Deputy District Attorney, who Utends to the Juvenile Court work, did not Invoke this section of the statute tgalnst Mr. Shorey. Judge Sears. In deciding the cases, said be was not entirely satisfied that the law ivas constitutional, but a court should not fleclarc a law invalid unless the court ivas satisfied beyond a reasonable doubt. Judge Scars expressed the opinion that the law was not a good one, while he sustained It and overruled the demurrer to the complaints. W. T. Mulr. counsel tor the messenger company, says an ap peal will probably be taken to the Su preme Court. . In his argument on the demurrer. Mr. Mulr took the position that the legisla ture had no rlRht to deprive any porson, minor or otherwise, of tho right to con Iract his services for any reasonable riven terms, and also said the law was Mass legislation. Mr. Galloway argued, imong other things, tlwit It was not class legislation, because all minors under the lgc of lfi years were subject to Its rc Itrlctions. JUDGIi SEARS COLLAPSES. Is Taken Suddenly III While In Ills Court. While rendering a decision in the case nf George 11. Williams ct al. against Wells. Fargo & Co., yesterday morning, Judge Soars collupsed and had to be taken into his chambers. He had com pleted two decisions, and had begun with the third, when lie suddenly ceased speak ing and became momentarily unconscious. He had been turning over his notebook and began speaking concerning the au thorities In the case, when he was over come. Judge Sears has been ailing since last Summer, and only returned a few days ago from, a vacation lasting two months, taken for the benefit of his health. A great deal of work awaited him. and the strain seems to have proved more than he could stand. In the case against Wells, Fargo & Co.. George H. Williams. Terry G. H Inkle. S. A Durham. Cleveland Rockwell, the es tate of Henry Welnhard and others, sue to recover on account of stock which they owned In the Commercial National Bank. Wells-Fargo Is asked to pay. as the suc cessor to the assets of the Commercial National Bank. The amount Involved is about 125.000. The case was tried two months ago, before Judges Sears and Cle land. Judge Sears presiding. Judge Soars found for tho plaintiffs, and Judge Cle land dissented. As tho presiding Judge, the decision of Judge Sears Is the decis ion in the case. SAFKTV APrJlANCK SUITS. Flit of the Kind Viulcr Federal Statttte Brought on Coast. The suit which was recently begun In the Vnlted States District Court at Port land to collect penalties from the South ern Pacific. O. R. & N. and Terminal I'omnany for allogod violations of tho safety-appliance act of Congress, bcar.s fie distinction of being the first action of the klad over brought In the Federal l ourts upon the Pacific Coast. The act In question requires that every train should have a sufficient number of cars sj equipped with power or train hrakes that the engineer on the locomo tive drawing such train can control ts sp--ed without requiring brakemen to use the common hand brakes for that pur pose, thus eliminating the danger of mak ing couplings between cars. The penalty for the violation of tills net is $100 for each cause of suit. The total amount of penalties asked for Is $1600. The Southern Pacific is asked to pay 5200; the Terminal Company JTOO; the Northern Pacific ?3ft). and the O. It. & X.. $400. Tho small number of penalties asked for shows that the number of cars which are not equipped in accordance with the safety-appliance act Is not large. In fact, so much care has been taken in putting on the safety brakes that the DR. B. H. WRIGHT Call andHave Your Teeth Examined Free of Charge marks will apply forcibly to a number of men now practicing dentistry. Our methods have secured and held for us the best practice in this city. We are not wedded to old theories long since discarded by practical dentists. Call and see a modern dental office, with modern appliances, modern methods and moderate prices. DR. B. E. WRIGHT thE,&nsltess 342 1-2 WASHINGTON ST., COR. SEVENTH OFFICE HOURS: 8 A. M. TO 5 P. M. 7:30 P. M. TO &30 P. M. SUNDAYS 9 TO 1 PHONE MAIN 2119 commencement of suit came as a surprise "These lines have been equipping their cans wlfh the safety apparatus ever since the act waB amended by Congress In IMS." said a local official yesterday. "However, such a job is not a small one. Freight cars are constantly shifting from the tracks of one line to those of an other, and U requires much time to fit them all out. This Is being done as quick ly as pcsslblc. and I do not think that there are many cars In the country that now use the old style of brakes." Answers Wife's Complaint. William Hoffman has filed an answer to the divorce suit of his wife. JJHIc Hoff man, In which he denies all of her charges and alleges that she 1ms treated him In a cruel manner. He avers that she Is peev ish and faultiindmg. and he has been un able to please her. Hoffman Is a steam boat onglneer on the Portland-Astoria run. He says his duties are arduous, which his wife well knows, and that her conduct has annoyed him greatly. Hoff man further alleges that January 26, 1KW. his wife deserted him. taking their little daughter with her, and some days later came with her brother and another man and began loading the furniture In an expross-wagon. Hoffman asscrta that when he protested. Imt brother and the other man assaulted and boat him. They made up, and In July, 1MB, she again left him.' The father asks the custody of the three children. Sue Brother for Share of Ktate. V. M.. D. S. and Paul S. Rucdcr, Mrs. E. M, Bonser, Josephine Godwin, Mrs. Dolly E. JVkins and Mary C. Crumbly, children of Catherine" Reeder. deceased, yesterday began suit In the State Circuit Court against their brother. J. L. Reader, to set aside a deed for the north onjnalf of the Reeder donation land claim, except the T)ld home and 20 acres of land. J. I.. Reeder obtained a deed for the land from his mother. November S last. The others say she was old and feeble, and did not know what she was doing, and was fraudulently induced by J. I. Reeder to sign the xaier. Catherine Reeder left ji will devising property worth JWO to her children, but It was not properly wit nessed, and probably will not be admitted to probate. The Roeders are a pioneer family. B. and A.R. Mendenhall arc at torneys for the contestants. Defendant Gets Decision. In the suit of William C. Smith against Benjamin F. Smith, to decide the owner ship of a house and lot at Highland, Judge George yesterday decided in lavor of the defendant. The litigants arc( brothers, and their parents were H. A.' Smith and Harriet Smith, both of whom are dead. B. F. Smith holds a deed exe cuted by his father, conveying to him the property, but the deed was never acknowl edged. B. F. Smith said he advanced moneys to his father from time to time aggregating $SCO0. The decision of Judge George has'the effect of making the; deed good. H. A. Smith was a timber-land speculator. Must Support His Wife. Fred II. Hocnel must pay ff0 a month for the Fupport of his wife. Evallne C. Hoenel, for teven and one-half months, and .JC0 a month thereafter, according to a decision rendered yesterday by Judge Sears. The litigants wore married at lone about a year apo. and lived together only a few months. Hoenel refused to support his wife, and she engaged George S. Shep herd, attorney, and brought suit. Hoenel was formerly a soap manufacturer. Files Incorporation Papers. Articles of incorporation of th.e-AiKlta Roller Skating Rink Company wore tiled in the County Clerk's office yesterday by Jamos A. Randall, William H. Johcs. Arthur Languth and Alice J. Diver; cap ital, stock. $2000. The objects are ta main tain a roller skating rink. Perkins Extradition Case. Efforts which have been made to settle the difficulty In which Fred H. Perkins, charged with obtaining money under false pretenses, got himself Into, will have to culminate tomorrow, or Governor Cham lerlaln will refuse to have anything to do with the case. F. W. Perkins, father of the young man In Jail, said yesterday that the case would be settled, and his son would 1k allowed to remain In the city. Sheriff Emery, of Salt Lake, who Is in the city, is anxious to take Perkins back to Salt Lake to stand trial. If the amount of the defalcation Is paid, the Governor, it is said, will let the-case drop. If It Is not. he will probably honor Sher iff Emery's papers. Petition for Sewer Construction. P. P. Hagen and others have petitioned the City Council for a sewer In Cleveland avenue from 25 feet south of the south line of Alberta street to a connection with the sewer In Beech street. CRAY HAIR QUICKLY RESTORED To Its natural color by using Alfrcdum'a Egyptian Henna. Sure, harmless. At first-class druggists. Superior Dental Work In All Branches From the simplest to the most difficult operation. High-class modern 1905 work, methods that were unknown to the old prac titioners. Dentistry has made greater ad vance in the past 25 years than any other scientific line and it needs wideawake, vigor ous men to keep abreast of the times in this exacting profession. Dr. Osier's recent re DILL i MILLS Chamber of Commerce Boosts the Project. TELEGRAM TO HITCHCOCK It Is Felt That the Klamath Recla mation, Which Benefits Califor nia as Much as Oregon. Can Take Care of Itself. Confident that the Klamath pro joe t Is a certainty, and that it has progressed suf ficiently to need no boosting, the Port land Chamber of Commerce is now cen tering Its efforts to secure the approval of the Umatilla project. The first move ment Inthe work that has been begun by the Chamber of Commerce to secure a just apportionment of the reclamation funds- was made yesterday afternoon, when a telegram was sent to Secretary Hitchcock urging respectful consideration of the Umatilla project. The telegram was approved by the members of the Irrigation committee of the Chamber of Commerce. For Umatilla Project. The communication which was sent yes terday is but the beginning of the efforts which will be ma-Sc to secure for Oregon other projects than the one at the' Klam ath 1-akcs, Inasmuch as California wBl b. equally benefited by the consummation 'it the Klamath ;nterprlse. "he Malheur proposition is now regarded as hopeless. The Chamber of Commerce thinks that unless It takes decisive action at once. Oregon will lose that which Justly belongs to the state. The avowed Intention of the Chamber of Commerce to concentrate Its energies upon the Umatilla project is not meant to slight the Klamath project or Interfere with Its being carried through to a shc cessful issue. But the members of the organization are satisfied that it is cer tain of accomplishment, and that any in fluences they might bring to bear In its favor would only be wasted. They think that Oregon Is entitled 'to at least an other portion of the money set aside for the Reclamation Service, and believe they have a better chance to secure the desired recognition of the Umatilla project than any other. , The nucleus for the fight that will be made was formed about three months ugo. when F. II. Newell, chief of the Reclamation Service, was given a banquet by tho Irrigation committee of the Chamber of Commerce at th Arlington Club. It was then stated that the Umatilla project was not only feasible, but that the Irrigation works i could be easily constructed at a small expenditure. Another thing that Is polnt- d out In favor of the Umatilla project j Is Its favorable situation In respect I to markets. ! Telegram to Secretary Hitchcock. i The Umatilla project. If completed, i will irrigate about 20.000 acres of very ! rich and productive land. The following is the telegram forwarded to Secretary ! Hitchcock: J "The Portland Chamber of Commerce ' respectfully urges favorable conslder I atlon of the Umatilla reclamation project. Lands to be reclaimed are most favorably situated with respect to market, are immune from frost for nearly seven months, while soil and other conditions make this project es pecially attractive. It "is sincerely hoped that appropriations for Klamath, or other projects partly or wholly with in the state, will not be allowed to In terfere with Umatjlla. Feel that Inas much as Klamath project, when com plete, will be about as beneficial to California as to this state, that all appropriations, inculding initial ones, should be equally divided between the two states. We believe it proper to include initial appropriations, as scope of work which begins In Oregon must be on a scale sufficiently large to com prehend California lands, which will be eventually reached. "W. D. WHEELWRIGHT. "President." Twentieth Wedding Anniversary. An especially happy event of the week was the celebrating of the 20th wedding anniversary of Mr. and Mrs. A. B. Clark at their residence. 103 East Main street. Friday evening, December L One of the delightful features was the presence . of "the three" who were brides tojether In Taylor-Street Church 30 years age Mrs. W. Y. Masters. Mrs. A. S. Glbbs and Mrs. CJark. Mis Williams sang two numbers In her awtal fln style, and Miss Eddlngs quickly sang herself Into the hearts of alL The home was bright with smiles and congratulations of kind friends were re ceived and refreshments were served. Those who assisted in receiving were: R'. T. R. Ford and wife and Mr. and Mrs. T. P. Plympton, whose ISth anni versary' was on the same day. Miss Anna Bollevant. Mica Shaver and Miss Wctzlcr also assisted the hostess. Manv tvtaiillfu! taV.n r v.n received. Including an especially fine large paim. cui-giass and lots of exquisite china, some hand-painted, that will last for years and cause the day to be remem bered as one of the brightest In the lives of Mr. and Mrs. Clark. About 50 guests were present, many coming long dis tances. AWAKENING OF THE LION Dr. F. F. Tong on China's Present mid Future. The White Temple held an Interested atKNeirc Friday night, which gathered to hoar Dr. K. F. Tong. a special representa tive of China to the United States, speak on "The Awakening of the Lion." Dr. Tong gave a brief history of China, of its present conditions and of its future One of the features of the lecture was the appearance of a mixed Chinese choir of 11 voices, which rendered several hymas creditably. "Persons often ask me why the Chinese do not adopt Christianity and become civ ilized in the modern sense of the word." said Dr. Tong. "I am afraid that the fo-calleif Christian nations have given us a misleading spectacle of their religion and civilization. The Bible says. 'Do unto others as you would have them do Hnto you. but the big nations have not practiced what they preach. They forced us to take that terrible drug, opium, which has been the curse of the Chinese people, and have seized our ports and land when they had the least provoca tion. "The United States has been kind to us, bat still we are not satisfied with the way we are received in this country When a Chinese secures a passport from the American Consul he is promptly locked up in a blockhouse at the pier upon his arrival In this country. Often times he is kept there days before his oas M examined. If you cannot trust your Consuls, they arc not worthy to represent the great United States." Saloons Can Hun In Condon. CONDON, Or.. Dec 2. (Special.) Judge Bradshaw. of The Dalles, has rendered his decision in the disputed local-option election of last Spring, and almost every point in the decision was In favor of the saloon men. It will be remembered that the county went for prohibition under the local-option law by a vote of Zil to 3H The liquor men tirought suit through their attorneys here to have the election set aside, because the Count Judge ordered the question placed on the ballot Instead of the Judge and Commissioners together, in a regular KOfsion of the County Court, at the proper time, prior to election. In view or this. Judge Bradshaw held that the order of the County Judge plac ing the question on the ballot, and thus calling for an election, was "null and -oid and of no effect." Spend a day in Salt Lake City, and an other in Colorado Springs or Denver. You have this privilege if your tickets read via, the Denver & Rlc Grande, See Colorado's famous peaks and gorges in their Winter garb. Call upon or write W. C McBride. m Third street, for particulars. CHILDREN BUILT The Certain War to Crow Ilealthj. Stordj Children I by latrllhcrat Feedlar. - An Iowa mother telU of the naturally corr?5t Instinct of her S-ycar-old boy. She says he thinks there is nothing equal to Grape-Nuts for breakfast. "When he was a little baby he was puny ami pale, and to find the right food to properly nourish him was a difficult preM?m. When he got to bo about 13 months oM we commenced using Grapc Nhis food In our family and I began feeding him n little moistened with milk. We all liked Grape-Nuts, but he liked It especially welL "It agreed with him. He began to grow plump and rosy, and for years be has scarcely eaten a breakfast without a dish of Grape-Nuts, and he usually eats nothing else. He wants It and will take no substitute. He has never been sick and today Is a remarkably robust child with a fine muscular development, and a quick, active brain by far the healthiest and strongest, even If he is the youngest, of roy rive children. "All this I attribute to his regular use of Grapt-Nuts food." Jfame given bv Postum CO.. Battle Creek, Mich. There's a reason. Read the little book, "The Road to WelivUIe," In pkgs. Homes, complete ' Special Sale FIFTY COSTUMERS Or standing racks for hanging coats and hats, value $1.50. While they last, each 75c Monarch Malleable R anges HIGHEST AWARD GOLD MEDAL RANGE shown at Lewis and Clark Exposition. We are the . sole agents. Call and see them or write for booklet. H. E. EDWARDS WILL FIGHT ftPPEflL Deputy City Attorney Makes His Plans. HE BLAMES THE LAWYERS Says Tlicjr Take Ca to Hlclier Courts Ju.t to ProUt by Delay, ' and " He Will Insist on Speedy Hearings., No more appeals to the. Circuit Court from the Municipal Court or misdemeanor charges, ami no more tong-eontinued de lay will be countenanced by Deputy City Attorney Fitzgerald. Mr. Flugerald ex pressed himself yesterday In stronp terms against the practice of attorneys In Mu nicipal Court asking for appeals in mis demeanor cases. The City Attorney is of the opinion that most lawyers who prac tice in the lower court are trying not only to defeat the ends of Justice but expect large fees by having cases delayed by appeals. "Hereafter any appeals demanded by at torneys will be tried In the Circuit Court the next day or the day following." paid Mr. 'FltrgeraW. "We wlll'see If thte prac tice can not be broken up in this way. I am getting tired of this thliig of having every little matter sent to the higher court, when there Is not one chance In a hundred that a reversal of sentence will be obtained." Mr. Fitzgerald will divide his time be DID YOU SEE THE DEMONSTRA TION OF THE CELEBRATED LEGGETT BEDSPRING IN OUR SHOW WINDOW? A barrel containing SO gallons of water, weighing 500 pounds, and suspended from a derrick was raised and lowered continually, for nine hours each day since last Monday, upon one of these springs. This spring today is exactly in the same shape as it was last Monday. We Are Sending These Springs to You on 30 Days' Free Trial And if after one month's nae yon are not perfectly satisfied with, it we will take it hack and yon need not pay one cent for it. . A 5-year guarantee goes with every spring, and we replace every one that sags or "breaks within that time. Christmas Gifts in Abundance! Any Furniture Article Makes an Appropriate and Appreciated Gift for Christmas You can buy any article in our store by paying 50c down and 50c weekly. And the price is the same as if you paid cash . COVELL Rooming Houses, or Hotels on easy weekly or monthly Liberal discounts for cash. T tween tit Circuit Court and the Munici pal Court, trying cases In the rhlgher court ilrst and later these In the lower court. Frank Halt) helped himself to K5 cents worth of lettuce from tho wagen of Ah Tim. Thanksgiving day. and proffered 20 cents for payment, which was Indignantly spurned by YIni. who called In the police to compel Hale to pay the full amount or give back the lettuce. Hale, who was un der the Influence of liquor, wanted to bcut down the price, and offered to compro mise for 3 cents. Tim would not arbi trate, and Hale was arrested charged with larcony. Judge Young dismissed Hale from the Municipal Court on a charge of larceny but compelled him to donate $3 to tho city coffers on a charge of being drunk. ' C. J. Bonner. IS yoarjj ohl. swore before Clerk HcnHcssey that he got drunk drink ing Tom and Jerry at'the Mare Cafe, and Frank Alywln, proprietor ot the place, was arrested. Bonner, whose memory was perfectly clear ns to the Tom and Jerry when the complaint was signed, could not tell the court positively yester day whether It was a hot lrlnk or a cold, one. - Prosecutor Fitzgerald told the Judge that Bonner had perjured himself, and Judge Young told "the young man that he had spoken . an untruth. Consequently Bonner was lined 510 and told to keep away from gros shoss. H. Ross, H. Presse and George Robin son, after Imbibing too much Chinese gin. beat Martin .O'Neill until the latter had to be taken to St. Vincent's Hospital. O'Neill appeared against the three In Mu nicipal Court yesterday, charging them with assault and batter). Each was lined 10 and costs. CAPT. CANTWELL STRICKEN Master or Hcvcnue Cutter 3IcCuI loch Suffers Paralytic Stroke. Captain J. C. Cantwell. of the United States revenue cutter McCulIoch and one of the most popular men In the service. FURNITURE CO. -184-186 FIRST STREET furnished payments. Special Sale FIFTY COSTUMERS Or standing racks for hanging coats and hats, value $1.50. While they la3t, each 75c 185-191 First Street was suddenly strleken with paralysis shortly after noon Inst Tuesday In San Francisco, and now lies in a dangerous condition at St. Francis Hospital. The doctors attending him sny he will recover, though he had a very narrow escape from death. It was while walking on Leldes dorff street, near California, in company with Charles Whenton and William Leahy, of the Tivoll. that he was stricken. Drs. Murphy and Adams were Imme diately summoned, and. seeing Captain Cantwell was In a serious -condition, they ordered his Immediate removal to St. Francis Hospital. He seemed to rally a little and is now expected to recover. It Is the more surprising, as ho was" in the best of spirits when stricken, and did' not even complain of illness before he fell heavily. Captain Cantwell was in Portland last Summer during a part of-the Exposition period, in command of the revenue cutter . McCulIoch. moored in the river. Murine Eye Remedy Curea Eyes: Makes Wtai Eyes Stronc. Soothes Eye, Pain: Doesn't Smart. $26 V ou do not know what day you will need a Black Suit. For $26 we will make one to your measure from the finest Black Thibet and line it with Wool Serge; worth $40. Columbia Woolen Mills Co. Elks' Building. 7th and Stark.