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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 1, 1902)
j&r 12 THE MORNING OBEGONIAE, SATURDAY, FEBRUARY 1, 1902. V WIRES MUST STAY Medford Must Not Remove Telephone Lines. INJUNCTION OF U. S. COURT Deputy MnrMlinl LcnvcM to Ilextrnln City Gitrvrnmciit From I'roceetllnKT .Kri"t Property of Sunet Tel ephone : TelesrrniiU Co. By a temporary injunction, granted yes terday In United States District Court, the entire city government of the town of Medford, in Jackson County, was re strained from taking any action toward the removal from the streets of that town of the telephone and telegraph lines of the Sunset Telephone & Telegraph Com pany. April 8 is set as the date for a hearing in the matter, if the authorities of Medford desire to show why the in junction should not be made perpetual. December 17 la.st the Medford Council passed an ordinance requiring, among other things, that the telephone company thould pay into the city treasury an an nual license fee of $100: that the monthly charge for telephone instruments and ser vice should not exceed 51 50, and th.it. U the telephone company should fail to com ply with the terms of the ordinance b February 1. the city authorities .hou'.! proceed to cut down and des-troy the line.- In the city. The ordinance was approved by Maor Crowell the same day it was passed by the Council. The city has made "demand upon the company to comply -with the terms of the ordinance, and the company has respectfully declined. To avoid destruction of its propertj" and to set the matter before the courts for ad judication, the telephone company pre sented its petition for injunction, accom panying it with a long otatexnent of th relations of the company and the town of Medford. The compay recites that it is a Califor nia corporation; that it is authorized by the United States Postal Department to transmit Government messages, telephone and telegraphic, that it has for a number of years had its line1? in unquestioned op eration in the city of Medford. giving th city no trouble and contributing to the convenience of doing business then; th.it the licence fee of 5100 "acted by the or dinance passed last December is unrea sonably large and oppressive, and entirely out of proportion to any extra service that might be required by the city gov ernment by reason of the presence of the lines in the city; that the monthly charge of $1 .7) authorized by the ordinance is inadequate to the support of -o ?mall an exchange, the number of subscribers ther bting only CO; that the ordinance in ques tion violates the United States Consti tution in several particulars, the chief ore being that it seeks to impose restric tions on interstate commerce. The peti tioner admltA that a license fee of 520 might not be unreasonable. The injunction order names the Mayor. p the Councilmen. the City Recorder and the City Marshal, and commands all to refrain from molesting or in any wise intcrlering with the business or property of the Sunset Telephone &. Telegraph Company. A Deputy Marshal left last n'ght to serve the papers on the Med ford authorities, this being the day, ac cording to the ordinance, when they migM proceed to uproot and tear down the lines of the company. AGAI!ST BUILDING ASSOCIATIONS. Tito AIvcre Decisions Are Ren dered by Jndjte Fraxcr. Two more decisions adverse to build ing and lonn associations were rendered by Judge Frazer yesterday. One was in the case of Eliza J. Shephard against the "Washington National Building and Loan Association to recover 5525, said to have been overpaid on a loan as the re sult of usury practiced by the defendant under Its peculiar contract. And the other decision was given In the suit of B. F. Dahlhammer, also against the "Washington Xational company, to recover ?5S5 on an alleged usurious loan. The company in its answer, which was the same In both cases, set up that the plaintiffs, by reason of having made pay ments from month to month, which were entered In his pass book, and also hav ing had dividends credited every six months in his favor, was estopped from alleging that the contract was usurious. "William Reid. attorney for the defense, demurred to the answers, and the de murrers were sustained by the court. Judge Frazer in passing upon the de murrers said the same questions had been raised before, and decided, and It "was unnecear to discuss them. He sustained the demurrers on the ground that the parties were not estopped from Betting up the illegality of the contracts. CANNOT COLLECT 84124 NOTE. X. C. IJrlprs: Lose Ills Suit on De cision of h Demurrer. In the suit of I.. "C. Driggs against E. H. Thompson to recover 54124 on a note executed to the Union Banking Company June 15. 19. Judge Frazer sustained a demurrer of the defendant. The note was assigned by Frank Ilacheny, receii'or of the Union Banking Company, to Mrs. Sarah J. Henderson, and by Mrs. Hender son to Drlgcs. The collection of the note Is barred by the statute of limitations, having been made over six years ago, and to avoid the operation of this statute it was set up in the complaint on Informa tion and belief that Thompson within the past six years acknowledged and promised to pay the note. This was demurred to by Thompson's attorney, Ralph R. Dunl xvay, on the ground that the com plaint does not state facts to constitute a cause of action, and that the action was not commenced within the time limited by the code. Judge Frazer In sustaining the demur rer stated that an allegation of informa tion and belief is not sufficient In a case of this kind; the allegation of acknowl edgment of the debt must be positive. There must be an indorsement on the note of a payment, or an agreement in writing of willingness to pay the note. MUST PAY ASSESSMENTS. City of Portland AVIn Suit in "Which Point I Involved. In the suit of Rebecca Cole vs. Perry G. Baker and the City of Portland, in volving the collection of assessments for the Sunnyside sewer, amounting to a considerable sum. Judges Frazer and Sears yesterday decided that the assess ments must be paid. It was held that in a collateral proceeding, the property owners can be held responsible. A decision was made in this case some time ago. when the court held that suf ficient notice had not been given the property-owners and the city could not collect. Judge Frazer consented to a rehearing of the case, with the result that the court discovered that this is a collateral proceeding, and the court now holds that so long as the city gave a notice. It Is not the duty of the court to inquire into the validity of the notice. For this reason a decision was handed down in favor of the city, and on other points In favor of the plaintiff. PLEADS GUILTY TO POLYGAMY. Harry A. Ilrown Own Up to Two Wive ami GetM One Year. Harry A. Brown, a colored man who has worked as a Pullman car porter, pleaded guilty in the State Circuit Court yesterday to a charge of polygamy, and was sentenced by Judge Frazer to one year in the penitentiary. The Information sets up that on De cember 25, 1901, Brown, having a former wife living In the person of Susie Brown, married Savannah B. "Williams In this city. He married the first time In New Mexico in the year 1S9S. and deserted his first wife at Oakland, Cal. She followed him to Portland and swore to a complaint against him. Brown in entering his plea, cried and blubbered and informed the court that he was an ignorant man without any education and did not know he was doing wrong. Gustave Anderson, who was appointed by the court to defend Brown, stated that he did not think the defendant was a very bad man. Brown at first strenuously denied his guilt, but when told by his counsel that he had seen the certificate of marriage executed in New Mexico, he weakened and agreed to throw him self upon the mercy of the court. FRANK OLCESE GOES FREE. Charge of Assault Is Dlnmlnned in Stnte Circuit Court. The case of Frank Olcese, appealed from the Municipal Court, was dismissed by Judge Frazer yesterday, on motion of District Attorney Chamberlain. Olcese was tried and convicted In the lower court of assault and battery on II. P. Hillman. and was find 525. Mr. Chamberlain said he could not prosecute the case because Hillman had left the city. A dismissal In the State Circuit Court is the invariable result in such appealed cases. TWO DIVORCES GRANTED. Mnry E. Everest nnd Clinrle Ilnnb. I.ejinllj Sepnrnted From Spouse. Mary E. Everest was granted a divorce by Judge Sears from Marlin Ei'crest. to whom .she was married in Washington County in 1SS5. She testified that he wil fully abandoned her in August, 1500. Charles Bush was divorced from Louise Bush by Judge Sear.s yesterday because of desertion, which occurred in August. 1501. They were married at Port Town send in 1SSS. Suit Aenlnxt Rnllrond Dismissed. The case of Edward Hamlin again-st the Astoria and Columbia River Railroad Company to recover 5527 for a trunk lost In the Summer of 1S53, was dismissed by Judge Frazer yesterday, on motion of Attorney D. J. Malarkey. The contents of the trunk comprised valuable personal effects and wearing apparel. It Is stated that the company paid 5350 In settlement. Articles of Incorporation. Supplemental articles of incorporation of the Portland Lumbering and Manufac turing Comnany. changing the name to the Portland Lumber Company, were filed In the office of the County Clerk yester day by G. K. "Wentworth, of Chicago, and Lloyd J. Wentworth and O. J. Evenson, constituting the board of directors. Conrt Note. The Alnsworth National Bank has sued Justus F. and Crlssle M. Krumbein to recover 5460 on a note John B. Wiltse was appointed admlns trator of the estate of Amy Wiltse, de ceased, valued at $1357. U. C. Wiltse. the husband, and four children, are the heirs. Thomas Whalen was appointed by Judge Cake yesterday administrator of the estate of Richard Haley, deceased, valued at 5S00O. The heirs are John Haley, a brother, residing at San Francisco; and Kate Haley and Kate Haley Wells, resid ing at Boston. The last named are a sister and niece, respectively. WOMAN'S CLUB AT HOME. Annual Reception to Members and Friends A Delightful Annlr. The annual reception of the Woman's Club yesterday afternoon in the Selllng Hlroch building proved to be one of the most delightful in the club hsltory. About 400 people availed themselves of the in vitation to drop in and enjoy a cup of coffe or a sherbet with a friendly chat about Indian art. or Nordica, or how to mix a salad. And it was a pleasant feature that everybody who came tarried far beyond the conventional time custom ary at formal receptions. The rooms were charmingly decorated, great bunches of pink carnations catch ing the eye In every available nook. The table was particularly pretty with pink trimmings, carnations set off by delicate sprays of asparagus-fern, and the rosy glow from pink candelabra. The guests wero received at the door by Mrs. W. Wynn Johnson. Mrs. Norrls R. Cox, Mrs. G. W. Bates-. Mrs. Mark Levy and Mn Seneca Smith, and were then passed on to receive a kindly greeting from the club officers Mrs. U. S. G. Marquam, president; Dr. Mac Cardwell, vice-president; Mrs. Alma Rogers, recording secre tary, and Mrs. A. H. Breyman, treasurer. These were assisted by Mrs. Adolph De kum, Mrs. Julia Comstock, Mrs. M. A. Dalton. Mrs. Henry E. Heppncr and Mrs. John McRoberL A popular topic of conversation was the delicious pine-apple sherbet served to guests; It was made for the occasion at the Domestic Science School by Mrs. El len R. Miller. Ice cream and tempting homermade cake were also offered the hungry visitors by members of the social committee Mrs. Johnson, Mrs. Edward Werleln. Mrs. C. R. Templeton. Miss Lutle Cake, Mrs. George D. Green and Mrs. H. W. Games, who were assisted by a dozen or more club members. Mrs. May Dear born Schwab gave some delightful vocal numbers that showed the purity and sweetness of her voice to excellent ad vantage. The Wilder Quintet furnished a number of enjoyable musical numbers. SNOWBALLING A NUISANCE, Large Gang: of Youngsters Terrorize Residents on Reliuont Street. Great complaint has been made of the action of about 100 boys of ages from 10 to IS years on Belmont and East Twelfth in snowballing people passing. A woman passing that way yesterday was struck on the face with a hard snowball and In jured. No discrimination is exercised. Every one, men and women, are pelted with Icy snowballs at all hours of the day. A resident said yesterday that he could stand a reasonable amount of snow balling, for boys must have their fun, but it is being carried too far. Since the snow has been melting he says that it is dangerous to appear on Belmont street, near East Twelfth. The snowballs are made hard and icy. and when thrown with force strike with the velocity of a stone. Harold McCullough, who lives In Brooklyn, was struck on the note with a hard ball, causing a severe injury. The blood flowed freely and stained the snow crimson. A boy in Upper Alblna named Frank Carter was struck over the left eye with a hard snowball with such force that it Is feared that he may lose the sight. S. B. CATARRH CURE Is taken Internally, acting directly on the blood and mucous surfaces of the system. It permeates every fluid of the body, eradicates the disease from the sys tem, cleanses and heals the afflicted parts and restores them to a natural, health ful condition. For sale by all druggists. Book on catarrh free. Address Smith Bros., Fresno, Cal. NOTICE. If Ice in the Columbia docs not Interfere, the O. R. & N. steamer Hassalo will leave here tonight for Astoria at usual time, 10 P. M. Otherwise she will not leave until Monday. If you feel all played out, you should take Hood's Sarsaparilla. It never disappoints. CITY MAKES THE REPAIRS IMPORTANT STREET PROVISION IN NEW CHARTER. Orrner of Abutting; Property "Will Be Asked to Defray Only First Cost of Improvements. The feature of the new charter which many of its framers contend will do more to give Portland good streets than any other is the provision making it the duty of the city to keep up repairs, once a pavement is down, and pay for them out of the general fund. Mayor Rowe, City Auditor Devlin and other well-informed men In Portland on municipal matters hold this to be of more Importance even than the method of assessment, at whose door most of the blame for the present execrable condition of the streets has been laid. As has been pointed out In previous ar ticles In The Oregonlan, the city Is now utterly lacking In adequate means to keep streets in repair. Little dabs of crushed rock arc deposited here and there on macadam streets, when they become worn, but the material will not unite with the general surface of the street, and the first few wagon wheels that roll over it push it out, and leave It scat tered along the way. to become a cause of more erosion of the general surface. Contractors are made to keep a street In repair now and then, but the process Is slow and wearisome, and often proves more exiensive than direct repairs by the city. Thus street after street, newly Im proved, smooth as a boulevard, and a thing of pleasure, pride and beauty for a week or two. soon begins to present a broken and unattractive surface, and In a little while, a few years at the outside, it is one of those craggy, mottled stretches that hackdrivers avoid like low prices, and property-owners blush to be hold. An asphalt pavement over a con crete foundation costs more than 5300 per 50-foot frontage, and an ordinary maca dam Improvement sets the property owner back nearly 5100 for the same hold ing, it may be seen that the disintegra tion of an Improemcnt Is not a cheering sight to see. Naturally, all the traffic in any one part of town will jump to a street as soon as the barriers put up dur ing the course of its improvement are down, and the people who have paid for it feel that they have reason to object to giving up more money for another Im provement within a year or two. A little work, done steadily from one year's end to another, will increase th life of a pavement to 10. 15 or even 25 years, according to the character of the material u-ed and the amount of tratllc carried. With the city empowered to attend to these repairs, and their cost falling not on the owners of abutting property, but on the general public, there will be far less reason for refusal to pay OLDS, WORTMAN & KING STORE CLOSES AS FOUR DAYS MORE OF Twenty-fourth Annual Clearance Sale SATURDAY is always an important shopping day. Two days' buying must be done in one, so this, the last Saturday of our Clearance Sale, is full of interest for the economically inclined. Bring your lists today, then start in again Monday morning for three days more of Making Money by Saving Money You will do it on every article you buy of us now. OLDS, WORTMAN & KING : 1 1 1 i LAST DAY or OUR GREAT SALE Thousands of bargains in thousands of useful and necessary fabrics and articles. Every article in our great stock of first-class mer chandise at reduced price. ; for Improvements, and consequently far greater likelihood of securing them. Those who have been careful to Inform themselves on the subject of streets, and there are a great many such, assert that more petitions for improvement have failed to secure enough signatures from the fear that d. street would hardly out last the time required for Its improve ment than for any other cause. It Is not necessary to petition the Council to Im prove a street under the present charter, but as the holders of a majority of the abutting property can remonstrate one out of existence, the same objections will achieve the same results. The system of direct and parallel Im provements, as advocated by City Engi neer Chase, will, it Is understood, not be provided for under the new charter, its framers believing that better results can be accomplished by improving one street at a time. It is asserted, however, that by making the repairs to a street the business of the city and not of the prop- j erty-holders. the greatest objections to building good streets will be removed, and that the Council will meet with little opposition In ordering improvements wherever they are needed. PERSONAL MENTION. Edwin Cummlngs, proprietor of the Oc cident Hotel, of Astoria, is in the city and Is a guest at the Imperial. John L. Sharpstein, a well-known attor ney of Walla Walla, is at the Perkins on a business trip to the city. C. J. Vanduln, a merchant of Tygh Val ley is at the Perkins, and will be in the city several days on business. State Senator J. W. Morrow, of Hcpp ner. who is prominent in politics In Mor row" County, is at the Imperial. R. Alexander, a prominent Pendleton merchant. Is at the Imperial en route home from a trip to San Francisco. Dr. J. A. Gelsendorffer. of The Dalles, a prominent physician, is In the city on a pleasure trip, and will remain for several days. Mm. F. I. Dunbar, wife of the Secretary of State, passed through Portland yester day en route to her home in Astoria for a short visit. A. F. McClalne. of Tacoma, who Is at the Imperial. Is a prominent banker In the Sound city, and has many Interests In that section. Robert For.Uer, a lumberman of Pendle ton, who operates a large door and blind factory. !s In the city on business, and Is a guet at the Imperial. Edwin Stone and Mrs. Stone, of Albany, are In the city for a brief visit. Mr. Stone Is manager of the Oregon Pacific Railroad, which extends from Albany to Yaquina Bay. N. P. Sorenscn, of Astoria, who is at tho Perkins, Is one of the ownerw of th Nccanlcum Spruce Company, and has large timber Interests on the Columb.a between Astoria and the sea. Mrs. A. de F. Smith and daughter. Mirs Margaret Smith, are at the Portland. Mrs. Smith Is the mother of Mlnnette Barrett, who, during the recent tour of T. Daniel Frawiey, played the Ingenue roles, and USUAL AT 6 O'CLOCK OUR 7 J 6 Store open tonight until 9:30 Usual concert (Third lioor.) lllr I .1 il Today you should buy a year's supply Toilet Articles A big saving John Brown Table Linens, Sheets, PiLowcases AH at Clearance Prices. Place your Carpet and Window Shade oivr today and reap the benefit of Clearance Sale Prices Lace Curtains greatly reduced. Tonight at 9:30 Ends The Clearance S You know year will you have the opportunity to choose at will from this mammoth stock of highclass mer chandise at such remarkably low prices Here, there and everywhere are bargains too numerous to mention Every article, every line of goods in eluded The reductions and the merchandise are better than ever before and unequaied by any store in town Arrangements have been made to serve an immense throng today You'll find the U ' store service at to remain open tonight until 9:30. 1 Hi- MEIER & FRANK COMPANY MEIER & iy Is now a member of a Seattle fitock com pany. Mrs. Smith leaves today to vtelt her "daughter In Seattle, and Miss Mar garet will remain here. Mayor G. J. Farley, of The Dalles. Is In the city. Mayor Farley Is taking an active part In the fight for the Congressional dc legation In Wasco County, and he Is one of Stat? Senator Williamson's active sup porters. Sam White, chairman of the Democratic State Central Committee, left last night for Baker City. Mr. White will return to Portland -vithin the coming month, at which time Democratic headquarter. will be opened here. Dr. Lawrence Draper, of San Francisco, returned on the IndravclH from a tour of the Orient. Pie "has been at the Portland riim-c the .steamer's arrival, and will leave for his California home shortly. Alf EUInghouse. manager of the Cali fornia Theater, in Snn Francisco. . was married here Thursday to Miss- Lillian M Liebcin, of Portland, the ceremony being performed by Rev. George Cressy, of the Unitarian Church. Mr. and Mrs. Elling housc left last night for New York, where the honeymoon vHl be spent. The groom Is proinlnent in theatrical affairs in the A M ft m ft r I -- -ssi?x srs:. e o a ENDS TONIGHT An avalanche of bargains provided for your inspection today. SPECIALS in MEN'S OVERCOATS BOYS' OVERCOATS Underwear f knds Boys' Vestee Suits Boys' Sailor Suits You cannot afford to overlook this opportunity. DEEP CUTS all over the house. It will pay you to call today. e LEADING CLOTHIER er-- Grfger--&t&g&. J what that means its best As usual, the store will California metropolis, and was for a long time connected with the enterpriser of Be lasco & Thall. NEW YORK, Jan. SI. Northwestern people registered at New York hotels to day as follows: From Portland S. J. Kraemer, at the Holland; D. B. Smith, at the St. Denis. From Olympia R. A. Ayer, at the Grand Union. From Seattle W. D. McCarthy, at the Cadillac: R. T. Guthrie and wife, at the Albemarle: N. II. Howard and wife, at the Imperial. From Tacoma W. S. Crouch, at the Grand. NEW YORK, Jan. 31. Dr. William H. Skeene. Brooklyn's famous gynecologist, was dined today by his associates, previ ous to his leaving for Portland, Or., where he will permanently locate. Gilbert Camp Election. The followlncr oflicers of Gilbert Camn. Spanish-American War Veterans, have j been elected: Commander, Richard Deieh; I senior vice-commander, L. Athey; junior J vice-commander. L. D. Ewing; chaplain. ' 4 WSWimWiImm J wtmmS7T. "Tr? .frS!2!f? SSSSSSISSBHKSSEisSBIflHSHKflfiBKSflHi Pi iri hi Not for another i FRANK COMPANY VOKcJ?A G. II. Wlgg; adjutant, D. L. Parson; quartermaster, G. B. McKInney; olliccr of the day. W. Rassmussen; otlicer of the guard. William Curtis. The next regular meeting of the camp will be held on the last Thursday evening of February, and all subsequent meetings will hereafter be held the last Thursday of each month. DoIiik Good. A great deal of good is being done In all parts of the country by Chamberlain's Cough Remedy. The most flattering tes timonials have been received, giving ac counts of its good work, "of aggravating and persistent coughs that have yielded to Its soothing effects, of severe colds that have been broken up by Its use. of threatened attacks of pneumonia that have been warded off and of dangerous cases of croup that It has cured. The great popularity and extensive sale of this preparation can not be a surprise to any ono who Is acquainted with its good quar Ities. Use It when you have need of such a remedy, and it will do you good. For sale by all druggists. 9 Thi American Clear. Good as the name. Buv the best. C S. E. cor. Fourth v- r IT: ale j ) f L