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