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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 7, 1900)
8 THE MORNING- OREGONIA2?. SATURDAY. JULY 7, 1900. EXCHANGED COMPLIMENTS DISTRICT ATTORNEY AKD M. PIPES IN A DISCUSSION. They "Were Arjmlns: "Whether tfee CoviK.tr Commlloners Could Era ploy Special Counsel. Business of a routine nature found a very comfortable space In the background when the County Commissioners met yes terday afternoon and listened to exciting arguments, assertions and sarcastic re torts upon the question as to -whether they had authority to employ counsel to try civil cases, to which the county Is a party. District Attorney George E. Ohamberlaln declared that they had no such authority, -while Attorneys M. I Pipes and Alex Bernstein held a con trary opinion. The Commissioners' meeting had been set for 4 o'clock, but it -was nearly 4:20 when the transaction of business -was begun. Mr. Bernstein opened the pro ceedings -with a summary of some of the cases in -which his firm had been em ployed. These cases -were five In num ber, had been successfully fought in the Circuit Court, and are now before the Supremo Court, on plaintiffs' appeal. All are actions begun to escape the mortgage tax which the Circuit Court held to be a- Hen upon the mortgaged property. The summary as given by Mr. Bernstein showed that themortgagorshadcovenant ed to pay the tax. The coses were Dekum vs. Multnomah County; Alliance Trust Company vs. Multnomah County; Kad derly vs. Multnomah County; Title Guar anty & Trust Company vs. Multnomah County, and one against the county which Mr. Chamberlain's firm Instituted. In the Kadderly case, in which 30 or 40 persons figured as plaintiffs, the Court had ruled that separate suits must be filed. Another case was that of Fitz gerald against the county to test the validity o'f the law authorizing a fee of S10 In divorce cases. It was argued be fore the four Circuit Judges and was de cided in favor of the county. When Mr. Bernstein concluded, Mr. Chamberlain arose and said that as he had been elected District Attorney for the county he intended and was willing to transact all the legal business of the . county. His duty was so prescribed by the statutes. Judge Pipes asked Mr. cnamDenain is he intended to try the case In which he was interested, and called his attention to the fact that It Involved some feat tires of the mortgage tax law. - "J shall examine the papers," said Mr. Onamberlaln, "and if they present any matter in which I am interested I shall submit the matter to the Board of Com missioners." Judge Pipes asserted that the suit In volved tho mortgage tax, and then ex plained his own position. He had never "sought the county's business directly or indirectly, had saved tho county a large amount of money, and yet had not been paid for his work before the Supreme Court, which he had practically finished. Ho had done his work effectively and had not objected to his discharge. But he did want his pay. If the Commissioners refused to pay him because Mr. Chamber lain had said they had no authority to engage private counsel, he would test the law. Pay for his work was what he wanted, and then Mr. Chamberlain could delve Into the county's civil busi ness. Mr. Chamberlain's intimations against him were, as tney appeared in the papers, not in accordance with the facts. "I made no intimations," said Mr. Chamberlain deliberately. "If I have any charges to make against the man, I make them to his face, not behind his back. I said the board of commissioners had no warrant to spend $10,000 for private coun sel when the District Attorney could have attended to its business. I have offered my sorvlces to the board. If it does not accept them, I shall test the law. If the court decides against me, well and good. As to Intimations, I said you haS been magnificently paid, for your com pensation far exceeded the salaries of Uie District Attorney and his deputies. "It Is peculiar," answered Judge Pipes, "that we should be singled out. Paxton & Beach, Dolph, Mallory & Simon, and Judge Carey have all been employed since we wore engaged by the county." "I mentioned all of them in my letter," was the answer. The matter was fully explained and Judge Pipes was satisfied. Here Mr. Bernstein took a hand. "We have made our appearance In the cases," he said, "and are ready to step down and out, but we want to know the posi tion of tho board." "When we took the cases," interjected Judge Pipes, "We declined to take several cases against the county, and our stand should be taken Into consideration. We were asked for an opinion on the bicycle tax law. I told the bicyclist that he would have more money In his pocket If he obeyed the law and paid the tax. I am a wheelman myself, but I am honestly of tho opinion that if a suit is begun the law will be declared invalid and the county beaten." Judge Pipes had hardly uttered the last Wrd when Chief Deputy Sheriff Thielsen entered the room and presented the Dis trict Attorney with a copy of the papers In the bicycle-tax suit of J. A Ellis vs. William Frazler, as Sheriff and tax col lector. Mr. Chamberlain pocketed the papers and also the papers In the suits In which Pipes and Bernstein represented the county, and left the room. As he was leaving Judge Pipes told the board Commissioner Steele knew Just what work was done. "Don't ask mo about it," said Commis sioner Steele with a laugh. 'Tm the only remaining member of the old board, and the old board Is dissolved." "We want to be sure we are right, and then go ahead," was the practical re mark of Commissioner .Showers. Mr. Chamberlain returned in a minute and he and Judge Pipes got into a dis cu?sion about the law. "Go ahead and test the law If you want to," said Chamberlain. "I'm not hurt yet," said .Pipes. "I have the courage of my convictions, and I shall say that I'm right." "Tou should not be -doubtful of that after you received $10,000 from the coun ty." said Chamberlain In a sarcastic tone. Pipes flushed to his ears. 'I earned every cent of the money paid me," he said in a quiet tone that con trasted strangely with an angry counte nance. He spoke then of the 184 Chinese poll-tax cases, in which he had defended the County. "It woudn't take much of a defense to knock out that suit," observed Cham berlain. "Tou are very much mistaken if you think it was easy to make a defense, was the reply. "Pay for the defense In these suits was Included. "Tou got $730," said Chamberlain. "Tes," said Pipes. "And you recommended that the Dis trict Attorney be paid $4G00 for 184 cases, o'f whloh three were tried." "No, 184 cases were tried." "Three cases were tried, and the others were submitted on stipulation. Tou got $750 for advising the county that It was liable for JICOO. I have no disposition to do you an injustice. I do not charge anything wrong, but I do say that you were very well paid." "We never solicited any suit from the county, nor encouraged one against It," broke in Mr. Bernstein. "No one ever accused you of that," said the District Attorney. "I simply say that you charged the county more than you would a private person.' "On the contrary, we should charge a private person more," said Bernstein. "Tes, indeed." said Pipes. "Then your firm does a better business than any other firm in the city. Eighteen or-20 cases at $1000 a case! I do not knovk of any firm 'that would charge a private railroad what you charge here. Tou are Indeed, well paid." "No firm of any standing will tako such business for less pay," said Pipes. "Setfrch. the records for 20 years back and if you find any overcharge I shall refund the money. If any lawyers ray the charges are unreasonable" "Lawyers are not Judges," interjected Chamberlain. "Find me 10 lawyers who say that your charges are reasonable and I'll find you 10 who will say they are unreasonable. It is one thing to tax an individual; another to tax a county. The people of Multnomah County evidently thought you overcharged them,' referr ing to his own election as District At torney. That ended the matter. The three at torneys retired, and the Commissioners took tho case under advisement. The only other matters considered by tho Commissioners were the claims of the Judges and clerks of election, which were ordered paid. PIPES STATES HIS POSITION. He Is Tired of Being1 Referred, to as a Grafter. "I am tired of, being referred to as a grafter," said M. I. Pipes to a reporter yesterday. "So-called Republican bar associations and taxpayers' leagues and newly elected District Attorneys have printed over and over again tlje fact that Multnomah County has employed the firm of which I am a member, and Messrs. Bernstein and Cohen, and paid us fees for our services, always with the Implica tion that some wrong is done the county. "It Is not true. I have not, directly nor indirectly, solicited, this business from the county. I was employed, as were my colleagues, presumably because our serv ices were needed, and because the Com missioners thought we were competent to perform them. The cases, involve a great deal of money, about $400,000. They also involve a great deal of labor, to say nothing of professional skill. We charged Just what any other lawyers competent to do the work would charge, and what any other corporation of financial stand ing would pay for like services no more, no less. "I work for my living. I don't graft it, neither from the county nor anybody else. I have hitherto kept silent under these aspersions. "Mr. Chamberlain Is making a 'grand stand' play. He will enjoin us from rep resenting the county In the four cases pending in the Supreme Court. Very well. Then what? Three of these cases Involve the question whether the mort gage tax is a Hen on the land mort gaged. But Mr. Chamberlain's firm brought a suit against the county involv ing this same question. That suit abides the event of those on appeal. Now, what Is -he' going to do about It? Will he be for the county on that question, or for the Scottish company? The answer is plain". For an honorable lawyer like Mr. Chamberlain, there is only one course. He can't appear for the county. His duty to the Scottish company conflicts. Then what? He won't enjoin us. And what is all this fuss about? "If he will let us alone we will try that question and the others. We have won the cases in the lower court. Per haps we can win them in the higher court. Perhaps we tan beat Mr. Chamberlain there, as we beat him here. We were for the county when he was against it. We earned our fee fighting for it. He earned bis fee fighting against it. If he will stay "with his Scotch company till he gets through with his case, we will stay with the county till we get through with our case. "Now, the authority to employ special counsel has always been exercised in this state and county, and was never ques tioned but once. In IS9S It was questioned, and the Supreme Court decided in favor of the authority. The powers of the County Court have not been changed a letter from that day to this. Nor have the duties of the District Attorney been. In this respect, changed since. The Tax payers' League employed counsel to ex amine this question, and with every mo tive to uphold the contrary view, the league reported in favor both of the legality and the wisdom of the power. "It Is not probable that such lawyers as J Dolph. Mallory, Simon & Gearin, Paxton, Beach & Simon. Carey & Mays, W. A. Cleland. Fenton, Bronaugh & Mulr, and other prominent attorneys, would have accepted such employment and performed the services with any doubt as to the authority to employ them. It Is reserved for Mr. Chamberlain to disagree with the bench and bar on this subject. Judge Boise, for 20 years a distinguished Judge in Oregon, as he is at this moment, de cided the question from the Supreme Bench in 1876 in these words: The Board of County Commissioners is authorized to employ attorneys to represent the coun ty in proceedings to which the county is a party, or where the Interests of the county are involved.' "Again, the necessity or expediency of employing special counsel is criticised. That is a question with which we have really nothing to do. When offered the employment we accepted it. Just as any other lawyer would do. And we did good service. We won nearly every case, and have established, at least in the lower court, law that Baves hundreds of thousands of dollars of taxes to Mult nomah County, provided these principles shall be sustained in the Supreme Court. And the cases were not easy. Many now and difficult questions were raised. Ask Judge Bellinger, Judge Cleland, Judge Frazer, about that. They tried and de cided the cases. "Nor had we mean antagonists. We had John Hall and W. D. Fenton, and Judge Stott, F B. Seabrook. Charles Lord, W. M. Gregory. H. M. Cake. Judge Thayer and Mr. St Rayner to fight; and last, but not least, Mr. Chamberlain him self, and his able partner, Mr. Thomas, not omitting his present deputy, Mr. Spencer. In the face of this talent, in the front of this avalanche of law suits plunging Into the county, was it not wise in the County Court to employ assist ance for the District Attorney? Few pri vate litigants are content, in Important suits, with one counsel. Why should the county be limited in Its discretion? "But all this aside. We were employed. We had nothing to do with Instituting this unusual litigation against the county. We could not help It. The County Board could not help It If anybody is to blame for the extra expense of this liti gation, it is those people who made It necessary by bringing unmeritorious law suits against the county." Suit for Life Insurance. Idlnia Stlnchcombe yesterday filed suit in the State Circuit Court against the New Tork Iif e, Insurance Company to re cover $3000 on account of a policy issued to her husband, G. W. Stlnchcombe. She avers In her complaint that her husband applied for a policy in May, 1ES4, to an agent of the defendant, which was ac cepted on July 10. On July 3t, she states, he paid $70, being the full amount of the premium for two years. Her husband, she alleges, died at Astoria on July 3. 1S96, and Mrs. Stlnchcombe as serts that she requested payment of the policy in March, 1900, and made proof of death in April, and the defendant re fused to liquidate. Interest amounting to $G40 Is added, making the total of the claim J2&40. Dell Stuart appears as plain tiffs attorney. Decisions Today. Judge Cleland will announce decisions today in the following cases: Benjamin H. Fisher vs. B. B. Wright, on merits. Security Savings & Trust Company vs. Bertha Loewenberg et aL, on merits. Minnie C. Henricl vs. George Wood ward, et al., on demurrer to amended an swer. FINE RACING AT IRVXNGTON. Prince Tom, Altas. Annie J.. Estella and Mack, five of the fastest horses in the Northwest will start in the free-for-all pace at Irvington today. Pain in theEjde nearly always comes from a disordered-liver, and is promptly nnllatrAd . tdnlnr T.lf-fl TJv 'P111L J Don't forget -this. - TO MARCH TO THEIR CAMP ,... .. XATIOKAT. GUARDSMEN GETTING READY FOR OUTINO. All Will Stnrt for Sn.ln Tod.r- "Will Stnrt for Snlem Today Stxxaptcr Ca-ralry Company I Already Here. Rolling blankets, strannlmr on haver- I sacKs and knapsacks, arranging can- I places and the platoons will come to teens, belts and uniforms, and working ; gether In company formation, as though there was another call for I The Colonel has detailed a guard for troops, the soldiers of the Third Rcgt- the train en route to Salem. As soon as ment, O. N. G.. gave the Armory an j each company Is In jits place a guard animated appearance last evening. Every- j will be stationed Inside the door at both thing had to be packed ready for the ends of the coach., and none will be train this morning, as assembly will i permitted to leave until the proper time. sound at the Armory by S A. M. The . special which the soldiers take for the encampment at Salem leaves at 9:30, and before that hour everybody must be aboard and ready. A heavy average company attendance was evident by the preparatory work last evening. Company F will lead, with about GO men. It Is estimated hat the average will be 60. or even more. There are few of the soldiers so necessary that employers cannot release them for a weak, to attend the encampment While hours for drill and Instruction at the camp BARBER WELL oaaangaaMBManBHaaRBiBBBBiHnBaBmwaMBBMaiaaBiHia JOHN J. REED, WHO WAS MURDERED IN SEATTLE. John J. Reed, the Portland barber who was murdered for hio money in Seattle on the evening of July 4, was well known In this city, having been for several years employed in the Hotel Portland shop. Last Sunday be loft his position there to prepare for the trip to Nome, which bo. announced his intention of taking. Tueaday, July t, "he left for Seattle, where bo was to meet his partner and embark for Nome Ctty, Jury 6. During his stay in Portland Reed boarded at tho residence of Mrs. A. Monk, at 215 Twelfth fftreet where be was popular and esteemed for bis quiet steady habits. He left his trunk and personal effects with Mrs. Monk, with instructions that she should, carry out in case of. his death. Yesterday Mrs. Monk received a letter from Mm, written from the Rainier Hotel, Seattle, July 4, in which he wrote In high spirits of his trip and his prospects, and expressed, his impatience, to be on the boat and well started for the North. Reed had considerable money with bim when he left at least $300 op $100. Some valuable Jewelry be possessed, a watch and ring, Mrs. Monk had advised Mm to leave with a Jeweler, but It is not known whether" he did so. Nothing is known here of the- partner with whom he was going to Nome City, save tho fact that Reed was urged to go by him, and that he seemed to be relying upon Reed for funda. Reed does not mention him In his last Ietten, The father of the murdered man Is David Hoed, of Adamsville, '"Casa County, Mich., where he alo has a brother and two sisters. Reed was 28 yars old; and a member of the Knights of the Maccabees and the Barbers' Protective Association. His life was insured for $3500. are long, as is to be expected on such occasion, the men look forward to their outing with much pleasure. Troop A, from Sumpter, arrived in the city last evening, 4G strong, including the three commissioned officers. The latter are Captain T. K. Mulr, First Lieutenant M. E. Thornton and Second Lieutenant J. F. Shelton. First Sergeant Frank Randall was formerly a member of Light Battery A and is well known In the local Guard. The Sumpter troopers are In ex cellent condition. As the troop was only re cently organized. It has had but about six weeks of out-door drill, but the time has been well spent Horses for the troop were sent the day previous by freight and will reach Portland this morning, when they will be Immediately sent on to Salem, where the troop will proceed in company of the Third Regiment Caval rymen say the regular service Is not better equipped than the Sumpter boys. All looked exceedingly trim In their well fitting uniforms and showy yellow decora tions and trimmings. General Beebe has arranged for all the different parts of the Guard, except Light Battery A, to reach Salem today. Colonel Everett will board a special train with his regiment and staff, accompanied by Troop B, at 9:30 and reach Salem about 12. The Salem company will be ordered to the fair grounds early in the morning, being the first there, to receive the com mands arriving later, and to perform such other duties as will be found nec essary. The Woodburn and Oregon City companies will go up on the morning train which General Beebe and his staff will take, reaching the camp some time before noon. Major F. A. Meade's sepa rate battalion from east of the moun tains will arrive in Portland at P. M., and immediately transfer to the special in waiting, without remainng in the city more than a few minutes. It is intended that they will pull out shortly after 4, and reach Salem in the evening. Colonel Toran, with the Fourth Regiment la ex- pected at the camp at 2 P. M. Troop A, Tjik4nnn -will tnawh fwm rnflt fMtv arriving at the camp at 6 P. M. The . iu.... ... ...w.. ...w... --- - Albany company will go over on the Albany special, arriving about 8 this morning. Light Battery A leaves early tnis morning, wim seven lour-norse oui- fits, which Include the two new field pieces and Umbers., two caissons and Urn- bers, the two Gatllngs and caissons, and the mess outfit Captain R. L. Gillespie, recently appointed assistant surgeon on Colonel Everett's staff, has been detailed to accompany the battery as medical officer. First Lieutenant L. M. Clark, of the Veteran Corps, has been temporarily assigned to actHe duty with the battery L?.010 .JLjSK fi'f by and will be with it during tho encamp- tamer J? "J- extremely, delightful one. ment nontenant Strain is detailed on ) The sea Is unusually smooth, -and the special duty- on the brigade staff, which I weather warm and free from fog. The leaves Captain Welch only two Ueuten- J steamers Columbia and State of Call ants, including Lieutenant Clark. The l la- " among th finest passenger battery will reach the camp some time Monday afternoon. Easy stages -will be made so as not to weary horses or men, and at night pleasant grounds will be chosen for camping. Neither Lieutenant-Colonel Jnbltz nor Major F. S. Kelly, the two senior field officers of the regiment, are able to at tend the encampment this year. Colonel Everett feels the abscise of these two officers very much, as the duties devolv ing upon him are heavy at the best and especially so when deprived of his Lieutenant-Colonel. Captain C. L. Dick, of Company -. senior line omccr oi, me I regiment, will act as( Junior Major, while Major von Egloffsteln will command the first battalion. , Departure of the regiment from the Armory and boardings of the train will be conducted systematically,, to avoid all wiiuuwgn. uoionei iivcreii -nas arranged t0 h coafch on a out- siae witn tne company, letter, or tne com pany to occupy it 7he company will form by the side of .the coach in two 4 u""!' "naL L??" ft" coach and take a station at the center when the nlatoons will enter at either end I and be seated accordingly! In this man ner .everything will go in machine or der, and when the time combs for leavln.e the train the men i?Il fall into their Packs will be placed at the feet of the soldiers. Outsiders will not he permitted to enter. At tho depot a guard will be placed to keep the spaces about the car clear and prevent any property being molested. Thus Colonel Everett hopes to maintain perfect order, and expedite the work of- loading and unloading. ON THE OATUTGROUND. Preparations for the Encampment Salem Company for Duty. SALEM, Or., July 6. This has been a KNOWN HERE- busy day at Camp Geer, -where prepara tions are being made for the arrival of the National Guard tomorrow. The mess tents and tents for 'the officers have been set up, but the company tents will be left for the soldiers themselves to erect N As the work of preparing the grounds for the encampment has' not been pro gressing as rapidly as necessary in or der to have everything lntreadlness when the National Guard companies shall be gin to arrive. Captain Walter Lyon to day Issued an order for all members of Company F, of Salem,.to'Teport tomorrow morning at Camp Geor for duty. The commissary department has every thing In readiness, and will Issue cook ing utensils, etc., in the. morning. The soldiers will be fed at a general mess at noon tomorrow, buthetxJafter the mem bers of the different companies will eat In their respective mess tents. j:.. .. r w ASKS FOR IJERSONS.1 Two Men Named Hanteyer Supposed to Be In .preg;fa. Colonel G. F. Tejfer,. Supervisor of the Census for tho Second District of Oregon, is in receipt of the fpllpwing letter: Omaha, Neb., Junfti.ttOOOr-U. S. Censra Director, Portland. Q'aDear i 8'r: For slx years I have heard not&fng of my two sons, Fred Hameyor and Will? XH&iqerer. Both are in Oregon. I worry Trpjiself about them day and nlrat Dear sir, -Kfk you please look the list of your census meni over And see if the names of said men anjlhere. ?May Ood bless you for your kindness,-"d oblige & sorrowful mother. With beat rttda to you, yours. MRSJSTJESA HAMETER. 4214 Pierre street, Omaha, Xeb. It was lmposslblqSb cetSply with the poor woman's Teqifc Even If the office were equipped wito force, large enough to examine upwards Jof 200,y00 names, the .VinrfM n rinlv svnfc In two tVint tViAtr fQX D0 I0Und. as, they would Just as I ... ... ... . . . . . . . .... i niceiv to Da in tne tnnrt. uistnct. Ana it is only an Inference that they are still liv ing In Oregon. However, through the agency of The Oregonian, many people who were parted for years have been i ,,,. f - .,. tC,a ,, -T.uotv. j " " :,, ' , " Tm," - l "?" ?XKs?" mation to Mrs. Hameyer. DELIGHTFUL OCEAN TRIP. At this season of.the Tear the trin ships on the Coast and make the trip in 48 hours. O. R. & N. ticket office, SO Third street, corner Oak. SPEND SUNDAY AT' BONNE VILLE. v O. R & N. special train leaves Union Depot 9:30 A. M. for Bonneville picnic grounds Sunday, -July 8. Good music Refreshments on - the grounds. Fifty cents round trip. imllmltM Hat of -crondcrful enrea proves tho merit of Hood's Sarsaparilla, TO TEST THL BICYCLE TAX SUIT BROUGHT TO DECLARE THE JLAW UNCONSTITUTIONAL Anti-Tax Association i'olut Out Its Alleged Weakness Wiir Go to the Supreme Court. A suit to test tho constitutionality of the blcyclo tax law was filed yesterday by J. A. Ellis against Sheriff Frazler. The attorneys for the plaintiff are Fenton &. Mulr. Ellis' wheel was seized for non-payment of the tax by J. W. Thompson, a Deputy Sheriff, acting as a bicycle tax collector. The return of the bicycle, is demanded and $25 damagos. The complaint sets up that the act is in violation of the Constitution of the State of Oregon in that the same at tempt to grant to citizens and classes ! of citizens privileges and immunities ' which on the same terms do not belong equally to all citizens of the state. It is also alleged that the act Is In violation of the Constitution In that said act imposes taxation which is not equal and uniform; that tho law la In violation of the Constitution In that it Is a special and local law for laying out opening and working the highways and for the assessment and collection of taxes for road purposes, and that the act pretends to Impose a fine for the failure to pay the pretended tax and Is unlawful In the County of Multnomah, which by the terms of the act Is not such In 23 other counties in the state. It Is further set up that the statute Is unconstitutional because It does not provide. a uniform and equal rate of assessment and taxation, or enact regu lations so as to secure Just valuation for taxation of the property of the same class owned by all citizens of the state, but unlawfully discriminates against cit izens and resldonts of Multnomah Coun ty and certain other counties of the state, and imposes upon such citizens burdens not Imposed upon the citizens of 23 counties In the state; mat the act is un constitutional because It attempts and au thorizes appropriation of moneys col lected as pretended taxes to private use and the expenditure of such money upon prlvato lands and not upon public high ways. It is alleged to be unconstitutional for the reason that It discriminates against those who use bicycles In Multnomah County and In favor of those who deal therein, and otherwise discriminates against the lawful use of private prop erty of citizens of Multnomah County; that the act Is unconstitutional because it 13 an arbitrary exercise of legislative power contrary to the spirit and genius of free Institutions, and also that the law is unconstitutional because It did not originate in the House of Represen tatives, but in the Senate, and the act pretends to raise revenue and is a rev enue law. The suit was brought under the auspices of the Antl-Blcycle-Tax Association, and the case will bo carried to the Supreme Court for final determination, no matter which side wins in the State Circuit Court The total of bicycle tax collections has been about $17,000, and Jf the county loses some broker will doubtless buy up all of the claims he can for little or nothing and try to make the county give the money back. If successful, he may realize hand somely. EAST SIDE AFFAIRS. Movement for Cycle Path, to Cor Shops Other Matters. The special committee appointed by the council of the Multnomah Cycle Associa tion at the last meeting to Investigate a route for a cycle path to the Southern Pacific carshops. East Side, and confer with the shop men, performed its duty yesterday. It was headed by R. G. Mor row, chairman -of the committee, and vice-president of the council, the 6thers on the committee being present Com missioner Steele was also present to ex amine the route. The committee metat 11:30, and then went over the territory to be benefited. It was found that the only feasible route for a cycle path Is along East Twenty-first street from the Seven Corners, on Division street, south to the north entrance to the shops grounds. The committee then examined the route on Powell road, from East Twenty-first to East Twenty-sixth streets, connecting tho proposed path on the for mer with the latter street and forming a completed system. It was not deemed necessary to undertake the construction of a path on the Oatman road, on the south side of the grounds, to East Twenty-sixth street as very few go that way. Having gone over the ground, the com mittee met the assembled shop menon the platform In front of the office. A considerable number had gathered there, and Mr. Morrow was Introduced as a representative of the cycle council, and addressed the men. He explained that the cycle association had undertaken the work of promoting the construction of cycle paths In the city for the use of those who do not generally ride In the country, but who ride to and from their places of business and employment "The country," said MV. Morrow, "has now been supplied with paths, but it is now proposed to ask that the money collected from you and others be ex pended here In your midst so that you will receive the immediate and substan tial benefits therefrom, and that you can have something for your money. Now, we will have to have your support to get these paths. We will have to get authority from the City Council to build along streets. Ordinances must be drawn and passed by the Council. To bring this about we ask your co-operation. Speak to your Councilman. Tell him what Is proposed, and ask him to help the meas ure along. Now. we have also come out to ask you where a path will accommo date the greatest number of you men." At tho conclusion of Mr. Morrow's re marks there was an expression In favor of a path on East Twenty-first street and if possible on Powell to East Twenty-sixth. The best of feeling was mani fested among the large body of men employed at the shops. The fair meth ods adopted by J. W. Thompson, tax-collector, paved the way to the present un derstanding. Mr. Thompson visited the shops some time ago. and T. W. Tounger, master mechanic, gave him permission to see the men at their work and he ex plained to them what It was proposed to do. The result was that the effort that was making to get up a purse to resist has been stopped, and the men are pay ing up. And they will get a path. After the conference on the grounds. Commissioner Steele, with the committee, made a close examination of East Twenty-first street and Mr. Steele said that the construction of a path on one side of the street wide enough to accom modate wheels going and coming, will be an easy matter. It will probably be built along the west sido of the street owing to the drain ditches on the east side. It is proposed by Commissioner Steele that the path be constructed In the street, outside the curb and side walk, and protected on the road side from encroachments by teams. He thinks that work should be started on this path at once, owing to the fact that the dry sea son ii approaching, which makes path building difficult The committee will sub mit a full report to the Council, which will meet next Monday, and an effort will be made to get an ordinance through the Council permitting the construction of this path in the street at once. This once off its handj. other sections of the city will receive attention from the evele council, and it will be demonstrated that all sections shall receive absolutely fair treatment Fraternal Event. A 41. V.MAAM..M. .. fiHnAMfi1i rtrtti No. 77, Woodmen of the World, last night in the Logus building. Grand avenue, there was a large attendance, it being the installation of officers. The officers installed were as follows: Council com mander, A. M. Coj: advisor, J. W. Thomp son; banker, H. H. Newhall; clerk. J. M. Woodworth; escort, G. C. Lawrence; watchman. Fred Sauerman; sentry, C. Zllm: managers. J. I. Wells. L. S. Daue, and H. Ri Llnville. C. W. Wheeler, head camp lecturer, installed the officers and gave a brief address. At the close of the ceremonies H. Isaacs, a well-known member of the camp, who had recently been married, was called up before Past Camp Council Commander James Rudi- man and presented with a handsome J chair. Mr Isaacs was .a little surprised, but quickly recovered, and responded, thanking the neighbors for their fine gift EAST SIDE WHEELMEN. Favor Path to Steel Bridge From. Tentk and Eleventh Ward. A meeting of the Tenth and Eleventh Ward Cycle Association was held last night at Kent's store on Russell street to take action toward seeurlner a. evele path west of Williams avenue. W C Kent president, presided. E. W. God- frey, secretary, read the minutes of the former meetings. W. G. Steel made a statement to the effect that an outline re port of what was wanted In the way of cycle paths In the Tenth and Eleventh Wards was wanted at the next meeting of tho Cycle Council, and suggested that a committee of five be appointed to ex. amine and report on the best routes. It was moved and carried that the chair appoint this committee. Ho appointed J. W. Whalley, J. P. Menefce and M. C. Merges. Two- more will be added to the committee from the Eleventh Ward. This committee will have a preliminary report but not a full one, for the coun cil Monday night Tho committee will make an examination of Vancouver ave nue from the south through to Shaver street. There Is quite a movement in favor of the construction of a cycle path on Vancouver avenue. Those who have examined this route say that it Ja a most excellent one, and will furnish a better and even more direct one to tho steel bridge than by way of Williams avenue. It will accommodate a large district and will not be an expensive path to build. As soon as the full com mittee Is named this route will be thor oughly Investigated. East Taylor Street. The improvement of East Taylor street between East Sixteenth and East Thirty fourth streets, at Sunnyslde, may be con sidered assured. A petition has been gotten up, which contains the signatures of the majority of the property-owners, asking that the preliminary .steps be taken for the Improvement It Is stated that there Is no great "opposition from any source. It Is proposed to use gravel. As East Taylor is already Improved be tween East Twelfth and East Sixteenth streets. It will make a fine street when completed to East Thirty-fourth. From East Thirty-fourth East Taylor Is also Improved by plank to East Thirty-eighth. East Taylor will be a popular street when once graveled, aa contemplated. Won a Scholarship at Berkeley. Clinton Judy, the son of Rev. Martin Judy, formerly of Portland, and who resided on tho East Side, has won a scholarship at the University of Califor nia, for a high standard in the class room. This young man attended school and graduated from the grammar grade of the Stephens School. He then evinced possession of a keen' mind and studious habits, standing well up In all his studies in the grammar grades. He went with his parents to California and entered Berkeley. His success will please the young man's Portland friends. Death, of F. Lorqi. Gus Logus, of Stephens' addition, yes terday received a cable from Germany to the effect that his father, F. Logus, died yesterday. The deceased was a brother of th& late Charles Logus, and also of Mrs. A. Burkhard, of Portland. Ho was 73 years old. East Side Notes. The Sunday school of the United Pres byterian Church, on Grand avenue, went to Cedar Park, St Johns, yesterday, where the young people enjoyed a picnic Professor D. M. Metzger, of the Dallas College, will be in the city today, and will remain over Sunday. He will oc cupy the pulpit of the First Evangelical Church. Clinton Kelly Cabin, No. 23, Native Sons of Oregon, has changed its placo of meeting from the hall on East Morri son street and Union avenue, to the Odd Fellows' Hall, corner Grand avenue and East Pine street At present the mem bers are discussing the forthcoming lawn carnival. The preparations will soon bo commenced. The body of a Chinaman was found near Woodlawn, Wednesday, and turned over to the Coroner. The remains were found by Dave Rankin. The body was identified as that of a Chinaman who had got on the Portland Railway car at Moore'B Landing. Tuesday, but left the car at Woodlawn. He was able to speak English fairly well, and told the conduc tor he was sick. Professor R. F. Robinson. County School Superintendent, is taking a rest this month before he enters on his active duties. He has just closed 15 years' con stant service In tho schoolroom, and has earned a short vacation. He Is looking out for an office for his department In the City Hall. He thinks the County Commissioners will provide him with quarters that will be comfortable for his four years stay. Dr. Wise, room 614, The Dekum. Wants Bicycle Tax Aliollslied. WOODSTOCK, July 6. (To the Editor.) Just a word from ono of thousands that INTERESTED LADIES Working- lu a Good Canae. "In the institution where I am em ployed as nurse (the Home for Aged Women) we find many ladies suffering from gastric trouble xaused by coffee. "My own personal experience is that since a child I have been a moderate drinker of coffee, but most of the latter years have suffered from acidity of the stomach, sluggish liver and nervousness. "I finally gave up coffee entirely, about three years ago, using hot water In Its place. Of course, after removing the cause, the symptoms disappeared, but I seemed to need a beverage more strengthening than hot water, as my occupation of nurse required considerable exertion. I began to look about for a suitable breakfast beverage and under took the preparation of One by browning some wheat berries and using that as coffee, but the result was far from satis factory. Finally I came across Postum Food Coffee, on a visit at my home in Roselle, N. J., and found it exactly fitted the case. "I have been using it regularly and In troduced it to our Institution. When It was first served, it was not satisfactory, but I looked Into the matter and Insisted upon having it boiled fully 15 minutes af ter the actual boiling had started, not t counting the time that It was on the stove before boiling began. The next time it appeared you would not think it was the samo article, it was so much Improved. Several of the patients decided to use It to tho exclusion of coffee, and I found that its uso reduced the number of cases of indigestion. The result has been very gratifying and for two years now Postum Food Coffee has been in dally use at the Home. "Mrs. Matilda Seaver and Miss Anna Merrill arc desirous that their names be used to help forward the good cause. My mother has been greatly helped by tho discontinuance of coffee. She was formerly subject to cramps but they have entirely disappeared since she has aban doned coffee and taken up Postum Food Coffee. Respectfully, Miss E. Stryker, Elizabeth, N, J." consider the bicycle tax unjust and an imposition. First it was sprung upon the people by a few club and century riders who desire paths all over the country that they may have their century rides The amount of tax is all out of propor tion. The Idea of giving 23 cents of it for collection! It Is a graft The major ity is against the law, and the majority should rule.. There are a few things where a halt should bo called. Among them Is tho idea of Hanna running this Government and this unjust and ridiculous bicycle law being forced upon us. We have a right to kick, and we propose to test the matter. There are thousands who will contribute $1, and subscription pa pers are already out with long lists of names. We say, make the tax 6a cents and not a cent for collection, and ther will be no trouble. All will pay cheer fully, but $1 25 never, until after trial in the courts. A 50-cen.t tax will build roads to New Tork in a few years. We have no 25 cents for collectors. JIM BLOUCHARD. i GIFT FOR GENERAL SUMMERS Presented With. Watcn Charm Fourth of July Committee. br The Fourth of July is gone, but the en thusiasm of the committee which made such a success of the big celebration is as rampant as ever, and not till the mem bers hive separated for all time is It likely to abate. At a meeting last night the work In Its different departments was reviewed, and the many features were found to have been given without the least hitch or Jar. All the bills con tracted by the different subcommltteea were turned over to the auditing commit tee for inspection, and this work, which will begin this morning, will In all prob ability consume the entire day. The crowning feature of the meeting last night wis the presentation to Gen eral Summers of a handsome watch charm, set with a large emerald and six diamonds, as a token of the appreciation of the committee for his splendid work aa Its chairman. The charm was the gift of the Individual members of the com mittee, and was handsomely Inscribed. General Gantenbeln made tha presenta tion speech, referring to the success of the celebration and what General Sum mers had done to make It He spoke of the fine qualities the chairman had shown as a soldier, and of the soldierly way he had met and? solved the many difficulties of the celebration. His speech was greeted with rousing cheers. In response General Summers said that without efficient and -n filing committee men to work with, it would have been im possible for any chairmnn.to do anything with a celebration. He thanked the mem bers of the different subcommittees for the efforts they had put forth, and con cluded by a tribute to Seid Back. Jr.,and the Chinese citizens, who had so gener ously assisted in making their part of the parade one of the. greatest features of the celebration. Mr. Gellcrt moved that a vote of thank9 be given to the Chief of Police for his willingness to assist tho committee in every way possible. Colonel Dunne asked the thanks of the committee for Miss Lottie L. Sllter and Miss Mamie Klernan for serving, on being aked at the elev enth hour, as the Goddess of Liberty and Columbia. The committee adjourned to meet at the call of the chair. It 19 likely that one more meeting will be held before final adjournment John D. Mann, who has been the secre tary of the committee, will complete ths list of expenditures today and have them ready for publication tomorrow morning. It was learned that the aeronaut Earl ston, who was to have given a balloon ascension In Portland July 5, fell from his balloon at Grant's Pass on the Fourth, and wa3 so seriously Injured as not to W able to come to Portland. . EXCURSION TO BONNE VILLB The third of the O. R. & N. Co.' popular low-priced excursions to Bonne ville picnic grounds will be held next Sunday, July 8. "Special train from Union Depot 9:30 A. M. Fare 50 cents round trip. Good music Vaudeville perform ance under pavilion free. Refreshments to be had on grounds. A highly Spencgr. prized cigar tho Herbert DAILY METEOROIiOGICAIj REPORT, PORTLAND. Julr C. 8 P. M. Maximum temperature. TO; minimum temperature, 53; river readlnc at 11 A. M. MO feet; changa in the- last 2-1 hours. O 2 foot: total precipita tion. 0 P. M. to 6 P. M.. 0 02 inch: total pre cipitation since Sept. 1. 1809. 3S OS Inches; normal precipitation since Sept. 1. 1800, 43.00 inches; deficiency. 7.22 inches; total sunshine July 5. 0.33; possible sunshine July 3, 13.30. WEATHER. CONDITIONS. The hign-pressure area, yesterday near the mouth of the Columbia River has moved north to Vancouver Island. The barometer is lowest over the interior of California. Light Bhowcrs occurred last night In Western Wash ington and Northwestern Oregon, but else where west of the Rocky Mountains no rain of consequence has fallen. It is slightly warm er in Western Oregon and in Washington, and in the interior of California, temperatures be tween 00 and 100 deg. prevail. The indica tions are for fair and warmer weather in thl district Saturday. WEATHER FORECASTS. Forecasts made at Portland for the 2S houra ending at midnight Saturday, July 7: Western Oregon and Western Washington i Fair and warmer; winds mostly northerly. "Eastern Oregon. Eastern Washington and Idaho Fair and warmer; variable winds. Portland and vicinity Fair and warmer, wittt northerly winds. EDWARD A REALS. Forecast OaclaL NEW TODAY. Knight's Drug Store Opposite Oregonian building. 120 Sixth. Drugs and medicines. Prescriptions a specialty. - Mortgage Loans On Improred city and farm property, at lowvif currtnt rates. Building loans. InsuUmtAi loan. Hscmatter 4 Blrrqll. 311 WorenUr bUc . MORTGAGE LOANS On Improved city and farm property. B. LIVINGSTONE, 224 Stars St. - MORTGAGE LOANS On farm and city properties, at low ratss with installment payment privileges. W. H. FEAR, Chamber of Commerce 1 Special! Special! Special! One week only Fino correspondence paper, 10 CENTS. J. K. GILL CO. Mortgage Loans On Improved city property, at lowest rales. Title Guarantee & Trust Co. 7 Chamber of Commerce. YOUR SUMMER VACATION Spend at Mount Kood Round trip, with all camplns; equipment, ?5. Limit two weeks. Write or phone for further particular!. Col, phone 5114. Station C box 10, city. Ho! For the Beach LET TJS PACK TOUR Butter, Teaa, Ebrs, Coffees, Cheese, Spices, Lunch Goods. For your outing. We pack them free of charg" and guarantee all goods aa represented or money back If not satisfactory. Our specialty, fresh roasted coffee dally. Bilh Pbines 264 Alder St. ""' N Fr buttermilk. $mi