Morning Oregonian., April 07, 1904, Page 9, Image 9

THE MORNING OREGOXIAN. THCftSDAY, APRIL 7, 190.
GOING TO ST. LOUSS
kjsmess bystems
0ce Stitioacry xxi
Piintttg of All
Kinds
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Is there 1 leakige in your business through -which the profits disappear? Perhaps
the system- under which you are operating is at fault. We evolve and establish
thorough and comprehensive Systems for the conduct of .business for profit.
City Council Appoints, Com
mittee to Prepare.
Corner First asd Oik Streets
Pkoae Main 165
F. W. Baltes and Company
LICENSE (ON BALL GAMES
PE
Fee of $10 a Game Imposed, Though
Fans Object-Oratory Wasted on
Crude OH House-Numbering
Scheme Is Burled.
Fifth and Washington Streets
PORTLAND, OREGON
EUROPEAN PLAN
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At the Council "yesterday.
St Louis Fair trljv Committee lira
appointed to arrange details together
with Executive Board and Lewis and
Clark Exposition representatives.
Baseball Passed an ordinance re
quiring license of $10 a game.
Tanner Creek damages riled pe
titions without comment.
Kcw house numbers Shelved Mc
Mllicn petition.
Crude oil Referred to health and
police committee ordinance providing
for proper construction of storage
tanks.
The first open step toward the pro
posed trip of Portland officials to the
St Louis World's Fair was taken at yes
terday's Council meeting -when Mayor "Wil
liams appointed Councllmen Albee, Zim
merman and Rumelin to arrange for the
tour In conjunction with the Executive
Board members and the Lewis and Clark
Exposition directors.
Though In the rush of business the tour
was not discussed except by Mr. Rumelin
in presenting the resolution for the ap
pointment of a committee, not the slight
est objection was raised, and the general
sentiment was strongly in favor of every
official taking the trip if at all possible.
The purpose of the tour Is to advertise
the Lewis and Clark Exposition, to offi
cially represent Portland at the St Louis
Fair, and to learn of municipal affairs as
conducted In other cities. The expenses
will be borne by the members of the party,
and not by the city.
The petitions for damages growing out
of the broken Tanner-Creek sewer were
not even referred, through they aggregate
over $11,000.
"I move that the entire batch be placed
on file," said Mr. Rumelin soon after
the session opened. The courts must be
the resort of the petitioners.
License on Baseball.
The joker of the day's proceedings was
an ordinance passed by a vote of eight
to three, requiring a license fee of 510
for each paid-admission baseball game.
It came from Mr. Sharkey. On the first
reading "no" votes came from Sigler and
"Whiting, the fanB. Fred Merrill blew back
Into the room a minute later and learned
what had been done during his temporary
absence. He moved for a reconsideration,
but as Mayor Williams ruled him out on
account of absence, Mr. Bentley did the
moving for him. "I was out, Foeller
didn't know what he was voting for, and
Rumelin didn't have time," said Merrill.
"I can't see why Merrill is Interested;
only one player has a vote In Portland,"
said Mr. Sharkey, the leading comedian.
When the 'ote was'o'h Mr. Merrill found
that Messrs. Sigler and Whiting, as be
fore, were the sole opponents besides him
self.
Crude Oil Causes Oratory.
Crude oil occupied much time. From Mr.
Bentley came an ordinance regulating the
construction of crude-oil tanks. It pro
vides that the Fire Marshal and the
Council shall control the construction,
which shall also be under the rules of the
insurance companies. The Fire Marshal
could have groat powers under the ordin
ance. Now, to all Intents and purposes,
W. R. Roberts, of the Fire Underwriters'
Inspection Bureau, is the Fire Marshal of
the City. Mr. Flegel protested against so
much power being given any one not an
actual city official. When he was through
with a glowing peroration, Mr. Roberts
arose and reminded him that the Chief of
the Fire Department was the Fire Mar
shal, that he Roberts was only a deputy.
The ordinance was referred to the commit
tee on health and police.
The Portland Cordage Company was
granted a permit to construct two storage
tanks under the sidewalk at Thirteenth
and Northrup streets. Three separate re
monstrances against the petition of the
"Union Oil Company for the vacation of a
portion of Portsmouth avenue and Bluff
street -were presented, and definite action
was postponed.
Permit for Carnival.
The Federated Trades Council and 30
fraternal orders presented a request for a
permit to hold a carnival on the Multno
mah Field in June and July. No use
of streets was asked for.
"Is this an aquatic performance?"
asked Mr. Rumelin. "I thought the Mult
nomah Field was a lake." He was in
formed that the Tanner Creek waters had
subsided, so he did the same. The per
mit was granted.
Resolutions and ordinances providing for
the Improvement of many streets were
passed. The total amount Involved was
nearly $300,000. The largest of these was
that for Fifth street from Irving to Jef
ferson, which Is to be paved with bitullthlc
pavement
The sum allowable for the construction
of the Grand-avenue bridge across Sul
livan's Gulch was Increased from $25,000
to $27,000, as City Engineer Elliott reported
the probable cost would exceed his first
estimate.
The ordinance discussed at the last
meeting of the ways and means commit
tee providing for an additional $3000 to be
expended upon the City Jail was passed.
Mr. Bentley voted a solitary "no" most
emphatically
From the license committee came an or
dinance licensing telegraph companies at
$75 a quarter. This will do away with
the license fee per pole, said to be ex
cessive. It was passed.
Councilman Sherrett presented an or
dinance requiring registration of plumbers
and other plumbing regulations. The
health and police committee will tackle
the question.
No Change In House Numbers.
The petition of D. J. McMillen for au
thority to renumber houses was referred
to the special committee appointed months
ago to consider a similar project As the
committee has never done anything In
particular, the reference simply meant
that the McMillen petition was put in a
coffin. Mr. Albee, as chairman of the
committee. Is the head undertaker.
The various communications of the Tax
payers League were road while the Coun
chmen moved about the room and talked
of other subjects. The one telling all
about asphalt streets was referred to the
street committee.
The Improvement of Heights Terrace
had been vetoed by Mayor Williams be
cause the resolution was passed when
overdue.
Prince Injured in Auto Accident.
BERLIN. April 6. Prince Frederick
Leopold, of Prussia, suffered severe in
juries to his feet today as the result of
a collision between an automobile in
trhlch he was riding and a drag near
Berlin.
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AGAINST JUDGE FRAZER
ATTORNEY DUN I WAY STATES
HIS GROUND OF OPPOSITION.
Partly
to
Based Upon Action Alleged
Have Been Taken in the
Case of W. I. Reed.
PORTLAND, Or., April 6. (To the Edi
tor.) In The Oregonian of April 6, 1301.
there appears an article in the news col
umns headed "Enemies of Judges at
Work Delegates to State Convention
Urged to Defeat Cleland and Frazer."
In the article some one is quoted, with
out giving his name, as saying:
"Let the lawyers who don't like Frazer
say so. Let them go on record. Let them
hire a hall. "We'd like to see. the color of
their hair; so would the public"
Then your article states: "The leaders
of the movement against Frazer are "Wal
lace McCamant and Ralph R. Dunlway."
As the friends of the Judges have rushed
into print, and as my name Is published
In such a way, I deem it proper for me
to make a statement of my individual
views upon the matter, as I am not
afraid to say that I do not like Judge
Frazer: nor am I afraid to go on record
and state by the records why I do not
like Judge Frazer, as a Judge; nor am I
anxious to hide "the color of my hair"
from either Judge Frazer, the public or
any member of the public
I do not claim to be a "leader"; I speak
as a citizen and a lawyer, for myself
alone. If others wish to speak or write
or keep silent, that is their privilege.
However, all know that It Is a dan
gerous thing for a lawyer to tell the
truth against a cowardly tyrant when he
is a Judge an the Circuit bench, and
most who will speak will praise him un
til he is deposed from power; then the
truth can easily be learned from all but
his friends, who have profited by his
friendship when he was on the bench.
I am opposed to Judge Frazer's re
nomination and election as Circuit
Judge, because a Judge should not, in
the trial of a case, espouse one side
or' the other of the case. If, with rea
son or without, he has feeling for or
against a lawyer who practices before
him, or for or against a, party who has
a cause before the court, his conduct
while on the bench should not disclose
his feeling.
A Judge occupies a place of grsat
power. It is easy for him, in ways
which are hard, or Impossible, to reach
on appeal, to let a Jury know what he
thinks their verdict should bo and thus
greatly influence the jury.
Judge Frazer has the temperament of
an advocate, and he did not put aside
that temperament upon his elevation
to the bench. Hence the opposition to
him.
Even Judge Frazer's Intimate friends
do not deny that he is a good deal of
a partisan, even while on the bench.
And nothing more disables a Judge
from balancing evenly the scales of
justice than partisanship.
Should you care for Instances of this
partisanship and consequent disregard
of law, many atorneys can furnish
them. Whether they will do so or not
will depend upon whether they stand
in fear of Judge Frazer or not-
Judge Frazer acts in many ways as if
he was above the law.- I 'believe that
no one is above the law. If any man
should obey the law. a Circuit Judgo
should obey the law. Judge Frazer
does not obey the law when It Is profit
able for him not to obey the law. For
instance. Judge Frazer has acted as
administrator of the estate of Richard
Tabor, deceased, for years, when under
the law he Is not qualified to act as an
administrator because ho is Judgo of
the Circuit Court.
I am opposed to Judge Frazer's re
nomination and election as Circuit
Judge because Judge Frazer got so
angry at a litigant before his court,
W. L Reed and his (Judge Frazer's)
inability to force the litigant. W. I.
Reed, to consent to and thus waive his
right of appeal, from Judge Frazer's
unlawful and arbitrary conduct and de
crees against said litigant. W. I. Reed,
that Judge Frazer, with his own hand,
at the noon recess of court on Febru
ary 16, 1904. wrote in and Inserted in
a decree which Judge Frazer had pre
viously signed about 9:30 A. M., Febru
ary 16. 1904. a false recital, as follows:
"And both parties having agreed in open
court to execute quitclaim deeds to all
said property and deliver them to the
clerk of this court in escrow, to be deliv
ered to the purchaser at said sale in
order that such purchaser may be assured
of a perfect title."
Said recital was and is unqualifiedly
false and was inserted so that if it was
obeyed by said litigant, W. L Reed, he
would convey by deed what the court
could not convey by the decree, and be,
t -
W. I. Reed, would give up valuable prop
erty which the court could not compel him
to give up, and he could not hope to ap
peal successfully from the decree so long
as it appears of record as a consent de
cree. This false Insertion, made by Judge
Frazer, was not served upon the litigant
or his attorney, as the original order was,
and as any additions should have been
under the rules of the court.
That false recital was not in order as
prepared by the attorneys who drew the
order. That false recital was made In
the face of the affidavit of W. I. Heed
made February 15, 1904, and filed In the
case on February 15, 1904, and stating:
"Under no circumstances will I consent
to the sale of said receiver's right, title
and Interest upon sealed bids. If court
should order a sale of receiver's right,
title and interest upon sealed bids, I do
not consent that said salo shall carry any
of my property rights not heretofore vest
ed In the said receiver by tho decree of
this court."
That false recital was made by Judge
Frazer when he had before him. an order
prepared by me as attornoy for W. L
Reed asking tho court to sign an order
stating the objection of W. L Reed, that
it was not by W. I. Reed's consent and
allowing W. L Reed an exception, which
order Judge Frazer refused to sign.
That afternoon, when tho false recital
made by Judge Frazer was discovered by
me, and Judge Frazer was applied to as
Circuit Court to set a time when one of
said HtlgantsV attorneys, Ralph W. Wil
bur, could be heard to make a statoment,
which statomont would be made to try
and obtain a correction in said recital
and insertion, Judge Frazer got angry
and said he was "not going to take any
more time with this matter nor try to
compel parties to put up quitclaim deeds;
If parties to said suit did not consent to
recitals In insertion, sale would not take
place; property could stay In hands of
receiver for five years and be eaten up by
receiver's charges; the court can stand it
if the parties can; I know tho property
is in Washington."
W. I. Reed did not consent, did not put
up the deeds, and sale was advertised; no
one would bid; sale did not take place.
The court has not tried, to compel com
pliance with the said false order and
court is eating up the property with re
ceiver's charges. As property Is worth
about $7000, it will take some time to cat
it up.
Let any one who thinks that the acts
here stated are proper judicial acts speak
up. If all who think that the acts here
statod are Improper judicial acts will
speak up, few will advocate Judge Fra
zer's renomlnatlon and re-election.
The question Is not whether the law as
to administrators ought to be different,
or whether W. I. Reed ought to have con
sented. The question Is, What is the
law? The question is, Did W. I. Reed
consent?
I am ready and able to prove these
statements at any time or place.
Is It not a nice judicial record? Judge
Frazer wants to be re-nominated and re
elected Judge of the Circuit Court of the
State of Oregon. He has time during the
noon hour with his own hand to write a
false judgment entry. He has not time
during court time to try to make said
judgment entry conform to the truth. He
threatens an American citizen, a Union
solJier, who is unfortunate enough to
have a lawsuit pending before him, and
who has aroused his wrath, that he must
consent to his (Judge Frazer's) unlaw
ful acts or he will cause his half of the
property, worth ?3500, to be eaten up with
receiver's charges.
Such a man Is not a safe Judge Ho
lacks the qualifications of a Judge, viz.:
respect for law and a Judicial tempera
ment. Thore Is no politics In the opposition to
Judge Frazer. The opposition Is purely on
account of his non-judicial record and
wrongful acts as a Judge.
Why is it that friends of Judgo Frazer
always talk about the re-nomination of
Cleland and Frazer? Why do they not
talk about the re-nomlnatlon of each
Judge on his own merits or lack of mer
its as a Judgs?
It is because Judge Cleland has made a
good, able, fearless Judge and Judge Fra
zer has not. Judge Frazer wishes to be
carried Into office on Judge Cleland's
coat-tails, and on other improper consid
erations. I am and always have been in
favor of tho re-nomination of Judge Cle
land, because I have never known of
Judge Cleland acting as a partisan on the
bench or trying to falsify the records of
his court, or trying to deprive a litigant
of the right of appeal, or trying to strain
the Jaw and his decisions to please either
of the parties. Judge Cleland has made
a fearless and honest Judge and deserves
a re-nomlnation and election.
It Is Important that fit men b placed
as Judges on the Circuit bench. Tho lel
egates and the public should Investigate
these charges and other charges of mls
conauct on the part of Judge Frazer.
I have no candidate for the office. Any
able, honest, judicial-minded lawyer will
please mo regardless of what he believes
on political questions.
RALPH R. DUNIWAY.
PARALYZED BY SURPRISE
O'BRIEN'S SENTENCE HEAVIER
THAN HE EXPECTED.
Another Indictment for Land Frauds
Palmer Goes Free Because Jury
Can't Agree About Him.
Thomas O'Brien, the raailcarrier from
Eastern Oregon, who was Indicted by
tho grand jury for stealing a number of
valuable articles and some stamps from
a mall sack and who pleaded guilty, ap
peared before Judgo Bellinger for sentence
yesterday. The prisoner evidently expect
ed to be dealt with leniently as a result
of pleading guilty, but he was. completely
surprised when the court sentenced him to
a term of four years in the penitentiary
for his offense. The prisoner listened to
tho sentence la blank amazement, but did
not utter a word. Ho will bo taken to the
penitentiary today in all probability.
Frank and Ernest Barnes, two young
men who are accused of destroying a mall
box at Eugene, were fined 5200 each and In
default of the cash were remanded to the
County Jail until It is paid.
It developed yesterday that Frank Wal
gamot was another of those indicted by
the grand jury in connection with Mo
Kinley, Ware and Puter for alleged land
frauds. Walgamot, it Is said, was used by
the alleged conspirators as one of the
claimants to secure the land and entered
Into a conspiracy with the "land ring" to
use his name for the purpose of defraud
ing the Government. Walgamot appeared
in court yesterday for arraignment, but
waived the reading of the complaint. He
was placed under 54000 bail and his case
will be called when the other land-fraud
cases come up for trial.
The case against A. C. Palmer, accused
of impersonating a Government official
by representing himself to be a United
States Commissioner after his term had
expired, was dismissed. Palmer was in
dicted by a grand Jury some time ago
and tried, but the Jury disagreed and no
verdict could be secured. As a consequence
It was decided to dismiss the charge en
tirely. Tho case against John R. Franklin, ac
cused of selling liquor to Indians, was
also dismissed. The grand jury adjourned
without investigating his case, so the Dis
trict Attorney asked that he be released.
It Is expected that Mrs. Emma L. Wat
son, Indicted In connection with McKin
ley and Puter, who was arrested In Chi
cago a few lays ago, will arrive in this
city today.
Half a Million Is Willed Church.
NEW YORK, April 6. One of the larg
est endowment funds ever created for a
church Jn this city has been formed by
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Correct Clothes for Men
IHB'II IIIUII irillHtliF,TsallCT',n,n-'naMi'"tll!!lt;n!m"T"T1"n""na'T"I'n
OWN to the min
utest details the
Rain Coat is
correct. The
makers proof
the fabric and
copynstt iSM,jua&oo. maKe the gar
ment in New York. Rain or shine
morning, noon or night the
year round it's the proper caper.
It bears this label
epdjenjamins
.fa
MAKERS 'A'
NEWyORK
on the hanger or inside coat
pocket If it's not a BENJAMIN,
it,s not an Zfapnf
- Equal to fine custom-made in all but
price. The makers' guarantee, and
ours, wilh every garment We are
Exclusive Distributors in this dry.
Buffum & Pendleton
311 Morrison SI, opp. Post Office
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the will of Smith Lafayette Russell, a re
tired business man, who died March 10.
It will amount to 5500.000, and the tes
tator's desire Is along the line of several
recent moves to keep alive church Inter
est In the downtown district, from which
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-$3sl
XttMi, 91.00 to 93.00 Per Day
Acoordlux ta Location.
St. Charle
(INCORPORATED.)
FRONT AND MORRISON STREETS
PORTLAND, OREGON
European Plan Rooms 50c to $1.50
First-Class Restaurant In Connection
many old religious institutions have been
removed, in recent years.
The Duane Methodist Episcopal Church
In Hudson street, on the lower West Side,
is the beneficiary. During the life of Mrs.
Russell a portion of the Income from the
fund Is to be paid her. At her death
the entire sum will bo placed in trust,
and the Income, estimated at 525,000, will
be expended in building up the church.
Several Methodist charitable institutions
also will receive sums of 55000.
Little Is known of Mr. Russeil and his
wife outside of their friends and neigh
bors In Washington Place, where they
have lived many years, devoting much of
their time to works of charity.
Will Not Interrupt Traffic.
VICTORLV, B. C, April 6. Advices just
received hero by cable from the headquar
raamEnuniErainimmimmnanwHa
n 3
I The Destroyers
of health are
stimulants.
Strengthen the
system with
Ghirardelli's
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7lfade Instantly by adding
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Biggest
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M: RFifi 25 dainty maids of as many nations,
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finest set of pictures we have ever
issued you know what that rf AyfyipY
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Trophies coupons yv-- iirw yors
First-CInsa Check Rritanrant
Connected With Hotel.
C. O. Davla, See. and Trcai.
THE
ESMOND HOTEL
OSCAR AXDEBSOft, liaaar
Front and Morrison Streets
PORTLAND - OREOON
FREE "BUS TO AND FROM ALL. THAINS.
Rate European plan. 60c. 7Sc. $1.00. $1 00.
12.00 pr Jr. SaicpU roots la connection.
ters of the Nippon Yusen Kaisha line of
steamers, between Puget Sound. Vicloria,
and the Oriental ports, notify the repre
sentatives of the company that no inter
ruption to the company's regular service
will be permitted, notwithstanding; the
war. The company will dispatch steam
ers regularly from Japan to the American
ports and maintain the service hence
forth as soon as the question of aJten
bottoms is settled by the Japanese Gov
ernment. No route across tne continent o tiers so
many attractions as does the Denver &
Rio Grande. Write the Portland Agents.
124 Tnird street, for Illustrated booklets.
One taken every night stimulates the
liver, carries off the bile and Improve tho
digestion and appetite. Carter's Little
Liver Pills. Don't forget thto.
Chocolate I
m ll1
5cS57 uluM
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sic? sPi jsSSfe.
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