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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 8, 1904)
THE MORNING OREGONIAN, THURSDAY, SEPTEMBER 8, 190. fill 81 T War Department Un able to Stop It. PORTAGE WAY 18 ASSURED State Railway Will Not Con flict With Canal. NO OPPOSITION FROM 0. R.&N. Manager Calvin Comes to Agreement With Open River Association, Which Insures Right of Way. In spite of the announcement from Washington to the effect that the De partment of War would not at this time consent to the granting- of a right of way lor the Portage Road where it might have to conflict with the proposed route of the Celllo Canal, the members of the Open River Association are stil meeting; and it is announced that their plans neither have received, nor are expected to receive, any setback from action taken by the De partment over which Secretary Taft has control. In other words, the members of the Open River Association do not con sider that the War Department holds the winning hand in the controversy or that it has any say in the construction of the road. The Portage Road will be built; it Will not conflict with the Celllo Canal, nor will the project meet with opposition from the O. R. & N. Co. In the first place, according to the members of the association, the granting; of the right of way for the Portage Road does not lie in the hands of the Govern ment, according to a decision rendered by the Supreme Court of Oregon. In general terms the court has held that land taken under condemnatory proceed ings can only be taken for the particular use for which it is sought to be appro priated through the condemnatory pro ceedings and not for any other purpose whatsoever. According to this decree, if land is se cured through condemnation by the Gov ernment for the right of way for a canal. It cannot be given to the Portage Road people for the construction of the road unless it be through the consent of the owners of the land or by further con demnation. The condemnation is specific and not general, and property acquired through it must be used for the purpose specified; if it is not, the grant becomes null and void and the property reverts to the. owner. Government Not the Owner. The idea that the Government has an ownership in the right of way is incor rect Through the courts, the Tjnited States has been, or will be, given an easement over certain property along the Columbia River for the purpose of con structing the Celllo Canal, but that title and privilege will last only so long as the land is used for a canal and no longer. If this is the case, and tha opinion of the Supreme Court is behind the suppo sition, then the War Department is not yet in a position to be able to hinder the construction of the road in the least, for it as yet has not title to but two small srlps of territory in the district. Deeds have been given to the Government by William Mlchell and Leopold Schmidt, but these documents are the only ones that have been actually executed in favcr of the Government. Condemnatory proceedings have been brought against the Tafte property at the eastern end of the proposed line, and a decision has been given by the Circuit Court at The Dalles granting to the Gov ernment the right to construct the canal This decision is now hanging on a mo tion for a new trial which will be heard at an adjourned term of the court to be held during the middle of the present month. Not until that motion Is decided and, in case of adverse decision and ap peal to the Supreme Court, the final de cision is rendered, will the Government have any title to the Taffe property. There are two points at which the Gov ernment might be able to cause delay, provided It had title to the property. Those points are at the ends of the pro posed route. The territory in question could well be described as a bow, one end being at The Dalles while the other Is at Celllo. The river forms the bow and the O. R. & N. right of way the string. At either end of the bow tha ground upon which the canal and the Portage Road must pass is narrow, there not being room for the construction of the two projects without one encroaching upon the territory of the other. For the greater part of the way, however, there is from 100 to 1000 feet to spare without Infringing upon the rights of the canal or of the O. R. & N. If the Government had the title to the land at these narrow places, as it has not, it would take some hue for a legal grant to be made to the Portage Road construction even if the Government did. all in its power to hurry matters, for either the consent of the property-owners would have to be secured for the con struction of the road or additional suits in condemnation would have to bo taken through the courts. Manager Calvin Agrees. Even this problematic cause for delay is offset, however, by an agreement reached Monday afternoon between thq Open River Association and the manage ment of the O. R. & X. At that time Manager E. EL Calvin stated the atti tude of the company in a short note given the association, in which he said: "Wo are afraid that the Portage Road will hurt Portland as well as the O. R. & N.r but Portland wants it, and we will not oppose it." This statement Is the groundwork for an argument presented to the Open River Association by Mr. Calvin, the result of which was an agreement between the two parties. It Is the Intention of the O. R. & N. to straighten out its tracks in certain places, and it happens that two of these places are in the narrow ground wanted by the Portage Road and the canaL According to the agreement made by Mr. Calvin, the road will offer no op position to the association. It does not say that it will deed the portion of its right of way needed for the construction of the Portage Road, but it will make no fight in any proceedings instituted. At the points of dispute ample room for the road can be secured by changing the O. R. & N. tracks, and this change will be allowed by the company provided tho Portage Road promoters stand the ex pense of relaying the tracks. With the railroad offering no opposition to the construction of the road, it will be an easy matter to build the Portage with out the sanction of the Government, for at no place will the right of way conflict with the construction of the canal or b upon the land desired by the Canal Com mission. The consent of the Govern ment is not necessary since the railroad company has agreed to give the necessary ground in the narrow parts of the route proposed. Fund to Be Raised. A meeting was held yesterday after noon by the open river committee of the Chamber of Commerce in behalf of the executive committee of the Open River Association. A large number of men in terested in the construction of the road were present. The meeting was called for the purpose of enlisting the active support of the men Interested in a finan cial way. It is necessary for the associa tion to Indemnify the state to the amount of $162,000, the amount of the appropria tion now left, and for it to provide for any expense in excess of that amount used in the construction of the road. These phases of the question were dis cussed at the meeting yesterday, but with what result was not announced. It was stated, however, by J. N. Teal, represent ing the association, that the meeting was entirely satisfactory and that the execu tive committee of the association would meet with the State Portage Board this morning at 10:30 when It was thought that some final decision would be reached. The plans of the association have been, completed and all that remains is to fix the final details with the State Commis sion, and no trouble is expected to arise. The construction of the road is now practically assured. S WETLAND TO PAY COUNTY $50 Suit to Recover Alleged Deficiency in Fees Is Dismissed. The suit of Multnomah County against ex-County Clerk L. Q. Swetland, to re cover an alleged deficiency in various fees collected and delinquent taxes, has been settled by the payment of $50. Mr. Swetland can recover the costs, which will amount to about as much as he has paid, and the county has to pay tho fees of the special counsel engaged In the case by the County Commissioners. Mr. Swetland has contended all along that the report of the expert against him would not hold good when put to the test. The settlement was made by the county because it was believed that a judgment against Mr. Swetland could not be obtained. He told both the counsel and the County Court that while some mistakes might have been made during his administration, there was never a deficiency, and he would spend his last cent trying the case out before he would allow such a charge to stand on the rec ords against him. He said the errors in the return of fees might amount to $50 and he offered to pay that sum. The of fer was accepted, as the county thought it best to avoid further litigation. LEFT NOTHING FOR CREDITORS Dying Woman Gave George W. Long All Her Property. Suit to set aside the transfer of certain property has been commenced "in the State Circuit Court by Dr. George H. Strowbridge, administrator of the estate of Lizzie Hamilton, deceased, against George W. Long. As stated in the com plaint. Miss Hamilton employed Dr. Strowbridge and Dr. William Jones to perform a surgical operation for the pur pose of saving her life, but she did not survive, passing away on May 8 last. On the following morning, before 9 o'clock. Long filed a deed for record signed by the woman, conveying to him four lots, and he also drew a large sum of money out of the bank a few days before on a check signed by Miss Hamilton. The complaint recites that no consid eration passed between Long and the woman for the transfer- of the property which operates to defraud her creditors. Dr. Strowbridge holds a claim for $525 and Dr. Jones one for $375. J. H. Strow bridge, Jr., appears as attorney in the case. Got Security, Made No Loan. Henrietta Cole, who alleges F. A. Jones is trying to defraud her out of $1200, yesterday by her attorney, Frank Schlegel, filed suit against him in the State Circuit Court yesterday. The com plaint recites that on May 20 last Mrs. Cole executed a deed to Jones covering four lots In Rossland, B. C, as security for $1200 which he agreed to lend her. It is asserted that he recorded the deed and then refused to pay over the money." She asks the court to enjoin him from transferring the property to a third party, and to compel him to reconvey it to her. Decisions Today. Judge George will decide tho follow--Jng cases this morning: State et al vs. Thurlngla Insurance Company. Motion to strike out parts of defendant's answer. O. R. & N. Co. vs. Lars en. Demurrer to complaint. State vs. Wing On. Demurrer to infor mation. Newton Courier vs. Dan H. and Eva Rlckart. Motion to release attachment on homestead property. Court Notes. G. Zanello has filed a mechanic's lien suit in the State Circuit Court against Antonio XJberti, to recover $480 for erecting a brick house. District Attorney John Manning yes terday filed an information in the Stat Circuit Court against B. A. Parker charging him with stealing $25 from Andrew Palmer on August 29. M. A. Butler was appointed in the County Court yesterday administrator of the estate of John E. Mayo, deceased, valued at $1200. The heirs are Rachel E. Mayo, the widow, and two children, Mary E. Andrews and Charles E. Mayo. THREE DAYS'JSPECIAL SALE. Boys' Suits We offer for three days special prices on boys all-wool school suits: $3.75 for Pure Wool Suits worth $5.00. $4.25 for Pure Wool Suits worth $5.50. $4.50 for Pur Wool Suits worth 56.00. 50 cents for pick of 500 pairs Knee Pants which we have made up from cloth rem nants out of goods as high as $2.00 per yard. BROWNSVILLE WOOLEN MILL STORE, Third Street, opposite Cham ber of Commerce. A PINK TICKET. The ones you get at any B. B. Rich Cigar Store. When you find a pink ticket in your pocket entitling you to a guess on the jar of money given away by B. B. Rich, the clgarman, fill it out, as the guess this year is easier than all previous years, be ing currency. The bills are so placed to aid you In figuring the amount. The Jar given away last year to D. L. Povey con tained $173.93. One Collier to Be Built on Coast. WASHINGTON, Sept 7. Formal an nouncement is made at the Navy Depart ment that the colliers authorized by the las.t Congress will be built, one at the navy yard. New York, and the other at the navy yard. Mare Island. Summer Diarrhoea In Children. During the hot weather of the Summer months the first unnatural looseness of a child's bowels should have immediate at tention, so as to check the disease before it becomes serious. All that Is necessary i3 a few doses of Chamberlain's Colic. Chol era and Diarrhoea Remedy followed by a dose of castor oil to cleanse the system Rev. M. O. Stockland, pastor of the First M. E. Church, Little Falls, Minn., writes: "We have used Chamberlain's Colic, Chol era and Diarrhoea Remedy for sev eral years and find it a very valuable rem edy, especially for Summer disorders in children." Sold by all druggists. This Store Will Be Closed All Day and Evening Next Saturday on Account of It Being a Holiday View the New Millinery Display Our Fall Millinery display is commanding the atten tion of the most critical bnyers in town It's the particular women that we find pleasure in serving because the hats to be found here, in addition to having style and exclu siveness, are put together the way they should be Yon need have no fear abont the first gust of wind blowing it all to pieces We pnt the best workmanship 1 ' AirMMi t4 tirfi e9 4 TFm m6?TTliv 4attnT is called to the beautiful "Cavalier" hats for dress wear, exquisite creations for dress and evening wear, exclusive models Walking bats for immediate wear, all the newest shapes Second Floor We'll Furnish Your Home Are you intending furnish- ing up a new home ? If so drop us a postal and one of our experts will call, takej measurements, and give es timates on everything need-' ed with the exception of fur niture We will supply win dow shades, carpets, rugs. lace curtains, beds, bedding. , , wa, rf'STOaS? nish cooking stove and heater, china, glassware, kitchen utensils, housekeeping and bed linens, blankets, comfort ers, groceries, end all at the very lowest prices Parties of good credit can make arrangements for easy payments at no advance in regular prices Write today or, come in Meier & Frank Store Basement Specials 3-pint Nickel Coffee Pot S3 No. 7 Nickel Teakettles . . . .83 English Decorated Teapots. .44. Dover Eggbeaters, each 6 Granite Breadpans, each.'. . .19 Wire Flykillers, each 3 13-in. Tin Trays, for, each 8 3-qt. Granite Pudding-Pans. 16 15c Paraffin Wax, for canning at ll 8-qt. White Enameled Saucepans, at 69 Sale of Dinner Sets Semi-Vitreous Dinner Sets, brown floral decorations, great special value at 100-piece set, sale ?7.14 60-piece set, sale $4.88 Semi-Vitreous Dinner Sets, green floral decorations, gold on knobs and handles ; great values at. 60-piece set ,-.$5.99 100-piece set $9.13 Best English Semi-Porcelain Din ner Sets, green decorated, gold on knobs and handles 60-piece set $6.57 100-piece set $9.45 $8.50 Walking Skirts $4.45 200 of Them in the Very Bes Styles, in Blacks, Blues For Tomorrow's 775th Friday Surprise Sale 200 Handsome new man-tailored Walking Skirts, very latest models in 1 7 gore, kilt ef fect, a great special purchase from a leading skirt manufacturer at a price far below regular value Positively the best skirt bargain you ever had the opportunity to take advantage of and made possible only through the enormous purchase of regular stock from this particular manufacturer The material is Panama cloth, rich, stylish, serviceable Skirts are strictly man tailored, beautifully made and finished, colors black and blue, every one standard val ues at $8.50 each Exactly 200 of them; they I't last through the day at d A A nfirtniTifmal1v low rrir.p nf JJ TP TP mf won the phenomenally low price of See Fifth-St. Window Display ; you'll recognize them at once as an extraordinary bargain NEW GARMENTS FOR. CHILDREN Just received, latest styles, big variety, attractive apparel that will please young ladies Children's Cravenettes,, and Waterproof Long Coats, tans, olives and mixtures, ages 6 to 14. years, handsome assortment at prices ranging from $7.50 to $14.00. Children's and Misses' Mackin toshes innew styles, ages 6 to 16 years $3 to $5.50 Russian Blouse and "Peter Thompson" Suits in fine serges, and Scotch plaids, ages 4 to 14 years... ,6 to 14 New Coats in the latest styles and materials. SUSPENDER WAISTS For Boys and Girls. ''The Byron" Suspender Waist for boys and girls, ages 3 to 12 years--practical, Oflr comfortable, pair 4SjO The "Samson" Suspender Waist for boys and girls, 2 ff to 10 years, pair JvC The ' ' Wolverine ' ' Combination Suspender and Hose ff Supporter, 4 to 16 yrs. ..UC The Meier (8b Frank Store's "School Sale 99 School apparel of every description for boys and girls at special low prices this week We take delight in mak ing the children happy and pleasing the parents from a price standpoint All lines necessary to. complete the outfit will be found here in the most generous assort ments, best qualities and lowest prices Read carefully: Bargains in School Shoes Misses' Box Calf or Vicl Kid Lace Shoes, heavy sole, very best styles, great values, 11 to 2, at, j 2Q Sizes 8 to 11 at, pair $1.13 Misses' Shoes, in box calf and vlci kid, low heel or spring heel, sizes 2 to 6, great values jjj Misses' Box Calf and Vlci Kid Shoes, heavy sole, low heel, Cti 7Q great value, pair p 1 7 Odd lot of Children's and Infants' Shoes, sizes 2 to 8, regular $1.00 to $L73 values for this AQr sale your choice, pair iv? Little Gents' Vicl Kid, Satin Calf and Kangarette Calf Shoes, sizes 10 to 13&, values extraor- jl -jq dlnary at, pair pl.y Youths' Shoes, in sizes 13 to 2, satin and kangarette calf, q oq great special values, pr....POc Boys' Shoes, in satln calf, plain or quilted sole, sizes 24 to 5ft, great values at this low price, jj Young Men's Shoes, in sizes 6 to 9, box calf, velour calf and vlci kid, heavy and light soles, at, f qq per pair pi. Children's Hosiery Bargains Children's fine 1-and-l ribbed Black Cotton Hose, sizes 6 to 9y2i fast color; marvelous value for this sale at, pr 1 UC Boys' heavy 1-and-l ribbed Black Cotton Hose, double knee, sizes 6 to 10 ; the quality e usually sold at 25c pair 1 Dhildren's 1-and-l ribbed "No Mend" Black Cotton Hose, double knees, sizes 6 to 10 years; the 1 A best 25c Hose on the market, pr I OC .Children's Colored Border Handkerchiefs, 3 1 e in a box; great 'value for the "school sale,,, box. .Jw Children's White Hemstitched Handkerchiefs, superior quality, great value at, 3 for Vw Children's "White or Gray fleece-lined Ribbed Vests and Pants, sizes 4 to 14 years, Of special value at . . ... ... . . ,C Buy School Supplies Here Slate Pencils, Sc, 10c, 12c dozen. Lead Pencils. 10c, 25c, 50c dozen. Penholders, 2 for 6c, 3c, 5c, 10c. Pens at 10c dozen Pencil Pads, plain or ruled, at 5c, 7c, 10c up to 25c Ind Pads, all sizes, 5c to 25c Ink, bottle, 5c Sc and 10c Erasers, pencil, Ink and combina tion, each 5c Kneaded Erasers, 5c and 10c Pencil Sharpeners, lc to 25o Compasses at, each 25c Dividers at, each, 5c and 10c Pencil Boxes, 5c, 12a. up to... 25c Note Books, 5c, 10c and 15c Composition Books, 5c to 23c Book Straps, School Bags, Sponges, Knives, Slates, Pencil Extenders, Colored Crayons, Chalk, etc., etc all at the very lowest prices. BOYS' AND GIRLS' HATS Hats, Caps and Tams for misses, boys and little children, all the pretty, new, attractive siyies in Dig variety ana every one moaerateiy priced. Felt cloth Tams, with visor; navy, red and brown. Wool and Silk Toques, with silk tassel; new styles. Prices range from 25c up to $3.95 each. Cowboy and Rough Rider Hats In big assortment. New Sailors, leather, velvet and rib- Don trimmed. MISSES' AND CHILDREN'S UNDERCLOTHING Nazareth Waists for Boys and Girls of all ages, a knit tinderwalBt that keeps the body warm and the 1 C, child In form; each ijw Jean Walst3 for Boys and OZn Girls, 60c values, each BOYS' CLOTHING Chlldren'3 50c White Aprons on sale at, each OC Children's plain white Muslin e Irawer8, tucked, pair low Lace and embroidery trimmed oe- Drawers, pair, 21c and 6DG AND FURNISHINGS Boys' School Suits, strictly all wool, extra well made, dark brown and gray plaids, checks and mixtures ; also in navy q Q C blue cheviots 7 to 16 years $73 Boys' School Suits in dark blue cheviots, brown, and gray plaids and mixtures, tweeds and cassimeres, 8 to 16 & t A A years, at the very low price of yJivU Boys' School Suits, double-breasted coat, knee pants, s dark plaids and mixtures, 8 to 14-year sizes $fJU Boys' 25c Suspenders, best styles, pair Boys' School Caps, blues. Great line 'of Boys'' Silk Ties, IKr 4-ln-hands and Bows J Boys Knee Pants, in corduroy and heavy cassimeres, 3 to 16 years, 65c, 75c, ?LO0 and 51.25 pair. Young Men's Suits, new Fall styles, no.oo to moo. Boys' 50c fancy Percale Golf Shirts, with cuffs to match; best patterns and colors, eacli Boys' new 25c fancy silk Windsor Ties in plaids, stripes and .plain colors, at the low price of, each ..20c blacks, 38c 21c Portland's LEADING CLOAK AND SUIT STORE - The leader In every way yon look at it, first to show new styles, first in extent of variety for your choosing, the largest, cleanest, most up-to-date cloak department on the coast A notable gathering of all the new, pretty garments in Suits, Coats, Skirts, Cravenettes, Costumes, Wraps, Waists, Petticoats, Etc. This big cloak store of ours is our pride, we point it out fo friends as an example of what a little special effort hacked by sound mer chandise can accomplish A ready-to-wear department for women and children that stands in a class by itself, unequaled in the entire country west of the Mississippi New garments keep arriving by the thousands, '77 express packages came to hand Tuesday and Wednesday They are ready for inspection. New Waists New Silk and Flannel Waists in superb variety an Immense showing of exclu sive styles in all grades Waists for every day wear Waists for dress wear mag nificent Waists for evening wear In all grades. Tou'll And a most pleasing as sortment. Second Floor. The September Carpet Sale 75c INGRAINS 52c YARD iTelroEO Ingrains, in pretty wood ef fects, big variety to select from; best 75c grade Is offered during this sale, sewed, laid and lined. Or at the very low price. yard...."Ji-' $ 1 .80 AXMINSTERS $ 1 .63 Royal Axmlnsters. in the new two tone and floral effects and Orientals, very large variety to select from; price quoted Includes sewing, laying and lining; best $1.80 1m px quality, yard $1.10 BRUSSELS 87c YD. Tapestry Brussels, floral and Oriental effects, carpet of beauty and dura bility; the grade sold everywhere at $1.10 the yard: you can buy here, sewed, laid and lined at, Q!7n yard o c $1.25 BRUSSELS $1.15 The celebrated Windsor Brussels, mostly Oriental and two-toned ef fects, carpet guaranteed fast color and can be washed with soap and water, includes sewing, 1 1 c laying, lining, yd pi.lO 9Qc Linoleum 55c Sq. Yd. 75c Linoleum 45c Sq. Yd. Very best patterns, the only fault with it is that the tissue paper stickn to the face in a few places a little soap and water removes It quickly. The best bargain in good linoleum you ever shared In Third Floor. Great September Blanket Sale now in progress all the best grades at wonderfully low prices. Third Floor. $'6.00 Blankets for, 7.00 Blankets for, 8.50 Blankets for, 10.00 Blankets for, 11.00 Blankets for, 12.00 Blankets for, . 15.00 Blankets for, 20.00 Blankets for. pair..$ 4.89 pair.. 5.79 pair pair., pair., pair.. pair.. 7.19 8.50 9.35 10.15 12.65 pair.. 16.50 All Baby Carriages and Go Carts are being closed out at prices far below cost be3t models Third Floor. French Underwear at ls Off Choose from our entire matchless stock of hend-made French Lingerie at a third off regular prices, Gowns. Skirts, Chemise, Drawers and Corset Covers, magnificent pieces, an assortment three times greater than any in the city For Today and Tomorrow, your unlimited r choice at a discount of X3 50c Two-Toned Ribbons 3000 yards of beautiful new two-toned Ribbons, turquoise, light blue, gray, red, pink, all other leading shades, best 50c Talues, yard jC i