V 1: THE MORNING OREGONIAN, WEDNESDAY, APRIL1 12, 1905. BIG DAMAGE SUITS Infringement of WhiskyTrade-Marks. SAL00NMEN ARE DEFENDANTS They Are Accused of Selling .Inferior Liquor Under the Well-Known Brands of a Kentucky Dis - tilling Company. Nineteen damage suits, aggregating 595.00J, -were filed in, the United States Court yesterday by W. A. Gaines & Co., distillers, of Frankfort, Ky against two-thirds of Portland's wholesale liquor dealers. The cause for damages Is an alleged infringement of the trade marks "Old Crow" and "Hermitage," owned "by the complainants and, applied by them to th products of their dis tilleries, and separate suits are insti tuted, against each defendant and under each trademark. The defendants aref S. A. Arata & Co., Sol Blumauer and Eugene Hoch, representing the firm of Blumauer & Hoch; W. J. Van Schuyver & Co., Henry Fleckenstein, 'doing business as Henry Fleckenstein & Co.; Adolf Neuberger and Frank Botefuhr, doing business as Frank Botefuhr & Co.; Charles Stern, doing business as Charles Stern & Co.; Charles Kohn, do ing business as Charles Kohn & Co.; Fleckenstein-Mayer Company, the De Martini Company, Jacob M. Gellert, David Penni, John W. Hickman and Giovanni Garbarino, doing business as Penni, Hickman & Co. In the complaints It is alleged that both of the trademarks are the lawful property of the plaintiff and form an integral part of the good will of the business and that each trademark as such is of the value of $500,000. These trademarks were adopted in 1867 and in 1S68 by Gaines, Berry & Co., of which W. A. Gaines & Co. are succes sors. It is further alleged that the de fendants on and. since January 1, 1904, have made or caused to be made and sold or caused to be sold a certain com pounded liquor to which they have ap plied the trademarks in the respective cases, against the will of the complain ant and without his consent and In vio lation of the complainant's trademark rights. These fraudulent brands of whisky have been sold, it is alleged, under the representation that they were those of the complainant and such sales have diverted trade from the complainant to which it was entitled. The inferior qual ity of these fraudulent goods, it is charged, has 'damaged the reputation of the complainant to the extent of $5000, and an accounting is also asked for the gains and profits unlawfully made and received by the complainants through the use of such trademarks. It is understood that Portland liquor dealers are not alone in having these suits brought against them, and that dealers throughout the country are be ing sued on similar grounds. late" everything that could be mentioned. S. H. Greene, the City Attorney, has dis covered several discrepancies in that doc ument. The St. Johns charter is similar to that of Forest Grove, under which the Circuit Court there holds that "no saloon licenses can be issued. "WILL BE BELASC0 THEATER ST. JOHNS HAS NO POLICE CHEEP Council Rejects All Names Submitted by Mayor King. At the meeting of the St Johns Coun cil last night all of Mayor W. H. King's appointments were promptly confirmed by the Council except those which he submitted for the office of Chief of Po lice. On this appointment the Council disagreed with the Mayor and rejected every name he submitted for that office. S. H. Greene was appointed City Attor ney, as he had been without opposition at the election. Mayor King appointed him so as to avoid future complications. Henry J. Smith, Ihe former City Engi neer, was appointed to that office and confirmed. B. T. Leggett was elected president of the Council. For Chief of Police, Mayor King sub mitted the names of John Verdigan, R. C. Clark and George Ethelrldge, and these were rejected nearly unanimously by the Council. Mayor King then said he would submit no more names at this meeting. It 1b thought that the Council favors ,Marshal C. R. Organ for Chief of Po lice, and will continue to reject all ap pointments until his name is submitted, as the Council is composed mainly of men elected on the Good-Government League ticket, of which Marshal Organ was a prime mover. Mayor King did not appear much disconcerted dver the rejection of his appointments, and said he wanted the Councilmen to be free to vote as they considered for the best. The following committees for the year were appointed by the Mayor: Ways and means and current expenses P. J. Peterson, C. S. Thompson, H. TV. Brice. Streets and docks B. T. Leggett, C. A. Linguist, J. H. Shields. Licenses B. T. Leggett. H. W. Brice, C. D. Edwards. "Water and lights Charles A. Linqulst, J. H. Shields, P. J. Peterson. Public buildings and grounds C. S, Thompson, P. J. Peterson, H. W. Brice. City Attorney S. H. Greene and City Engineer Henry J. Smith were appointed a special committee to Iniugate the accounts and books of the last city ad ministration. ' An ordinance fixing the bonds of the C itv Auditor at $500, City Marshal at $500 and the Treasurer at $2000 was read three times under suspension of rules and passed. Becorder Hanks and Treas urer Valentine filed their bonds. Retiring Treasurer J. F. Livermore turned over his books and cash to the amount of $295.81, and was relieved from further re sponsibility. After some routine busi ness the Council adjourned. Mayor King said that up to last eve ning 29 applications for license to sell liquor In St. Johns had been filed. NO SALOON FOR ST. JOHNS New Charter Gives Council 'No Au tnority to Issue License. Careful examination of St. Johns new charter fails to discover any provision which gives the Council the power to license a saloon. By section 45, under the head of "Criminal and Police Powers,' the Council is given full powers to "reg ulate, and restrain bartenders, saloon keepers, dealers in and manufacturers of malt and vinous, liquors," etc, but that is all. This section also says that no license shall be Issued to a saloon within 400 feet of a schoolhouse. But there Is apparently no section for grant ing to a saloon a license. There are already 25 applications for li censes to sell liquor in St. Johns, and more are coming in. Mayor King has said he desired the people to say at the polls whether they wanted a saloon or not, but if there be no power granted the Council to Issue a license It would seem that the city cannot Issue a li cense. Further, there does not appear to be any power conferred on the Council to issue any sort of license, although there is an, aiumiaaco oL authority; tq. "regu- Columbia Will Change Its Name Un-. der New Management. M. A. Mayer, of Belasco & Mayer, the purchasers of the Columbia Theater, made the announcement while in Port land yesterday tha the theater would be conducted as a stock-house in the fu ture, as it had been In the past. He also announced that when the firm took charge the house would be known as the Be lasco Theater. The date of the opening of the theater under the new manage ment has not been decided upon, as no definite arrangement has been made with A. H. Ballard, whose lease upon the the ater does not expire until June 30. "The stock company we will install at the Columbia Theater, or the Belasco Theater, as it will be known later, will be of as high standard as any on the Coast," said Mr. Mayer at the Hotel Portland last night, just before leaving for San Francisco. "Only the very latest plays will be staged and they will be first class in all particulars. At this early date I could not name the principals of the stock which will be at the theater this Summer. "We would like to take charge of the theater May 1, but owing to the lease held by Mr. Ballard we may not bo able to occupy the house until June 1, which would materially affect our plans. The matter has not been definitely settled yet and our visit to Portland has been fruit less as the conditions regarding our oc cupancy remain as they were. 'If we are able to come to a satisfac tory agreement with Mr. Ballard the stock company will open In Portland June 1. "We are going to expend $10,000 in the improvement and the beautifying of the house, and we want a month In which to prepare. The plans for the al tering of the Interior and the exterior of the theater have already been approved. 'If we are not able to occupy the the ater until July 1 some of the extensive Improvements that we have under con templation will be delayed until in the Winter months. Of course some of .the alterations would be made anyway. You can state positively that in case we should be delayed In occupying the the ater until July L the stock company com plete will open two weeks from that date, If not sooner." MAY HAVE A GLASS FACT0BY VISITS MORE BOATS Eastern Concern Is Anxious to Lo cate in Portland. Will Portland have a glass factory? The Portland Board of Trade has been asked by a prominent Eastern glass man ufacturing company whether or not there is an opportunity to establish a plant in this vicinity, and Captain J. H. FIsk has been delegated by that organization to find out the feasibility of the plan and report. The Board of Trade held a meeting yes terday afternoon at which various inter esting things were discussed. Not only the glass factory business was discussed, but a communication was read from an Eastern drop-forging and malleable iron foundry asking what inducements could be offered for the establishment of a foundry here. The communication was re ferred to J. B. Hammond, who will make inquiries as to what can be offered. The by-laws of the Board were amended to conform with the constitution recently adopted. Provision was made for the es tablishment of sub-boards by the repre sentatives of the different lines of busi ness in the city. It is provided that ten members of any one calling can form a sub-board under the laws and protec tion of the Board of Trade for the bet terment of trade and business conditions. The headquarters of such boards will be in the offices of the Board of Trade, and they will be considered as branches of the Board. The following were elected to member ship: Phoenix Fuel Company, W. E. Bothery, Florian Fuchs, Cortlandt L. Parker, Louis A. Greenley, Paul Strain. Find Wells Are. Polluted. For several weeks the State Board of Health has been receiving reports from different persons residing in the town of Halsey, Or., to the effect that the sanitary conditions of the place wore bad and sug gesting that a cattle corral along the rail road might be the cause of the pollution of the wells within the town. The board as a result of these reports sent a competent sanitarian and bac teriologist to Halsey, who spent an en tire day In examining local conditions. He found wells that were quite badly polluted, but whether as a result of the drainage from the corral or from the un sanitary oondltlons of the natural marshy country about the town cannot be deter mined until the waters from the wells have been subjected" to a chemical analy sis, which is being done by the board. As soon as the findings of the chemists are known the State Board will take steps toward remedying the conditions. Case for State Not Federal. Upon motion of the Deputy United States District Attorney George Bradley, charged with selling liquor to a Umatilla Indian, was released from custody yes terday and the charge against him dis missed by Judge Bellinger. This dismis sal resulted through the late decision of the United States Supreme Court that the Government has no jurisdiction over such cases. In view of this decision future Indian liquor cases will be dealt with by- the state authorities. Admiral Kempff Resumes His Water-Front Investigation. TAKES TRIP TO VANCOUVER Steamboat Men Welcome His Com ing, but Complain of Severity of Federal Navigation Laws-i. Equipment Required. Bear-Admiral Louis Kempff continued his investigation on the waterfront yes terday. After his roundup of steamboats Monday, the officers of the various craft In the harbor were on the lookout for him, and none were taken very much by surprise. He first visited the Alblna ferry. W. S. Mason, in company with Captain Ed wards and Mr. Fuller, the -local United States Inspectors. The boat and her equipment were found to be in excellent shape, the only thing wrong being in the working of one of the davits, which can be easily remedied. The little propeller America was next Inspected and found to comply in all re spects with the regulations of the serv ice. The party then went over to Van couver and paid an official visit to the ferry operated there by the Portland Con solidated Railway. She, too, was found to be In good working order By the time the Inspection of the ferry was completed, the steamer Charles R. Spencer hove in sight, bound down from The Dalles. The Admiral and the two In spectors- boarded her at Vancouver and returned on her to Portland. The boat was given a general inspection, and at the request of Admiral Kempff the fire drill was then called. The crew respond ed instantly to the alarm and went through the tactics in a way that re flected great credit on the discipline en forced by Captain Allen. The perform ance was watched with much interest by the large crowd of passengers on the steamboat. Admiral Kempff proposes to inspect personally the equipment and discipline on every passenger boat in these waters, and consequently has a big job on his hands. It will take him several weeks to complete the work. Steamboatmen, as a rule welcome his coming, believing it will result in much practical good. They are not all so friendly, however,- to the new regula tions required by the department in the way of equipment. Some of the require ments, they say, are excessive, and will hamper, rather than benefit, the steam boat business. A boat In the class of the Gatzert, Spencer or Hassalo must carry equipment worth about $2000. A certain number of lifeboats are required, whereas the steamboatmen say that any boat on the river can be run ashore in half the time the boats can be launched with the best of appliances. They do not see why the same regulations that are in force off the coast and on the lakes should be required on boats plying these inland rivers. They also complain that the equipment demanded is so heavy as to make it not worth while to build light draft boats for the upper streams.. properly equipped to accommodate the full number of passengers rried, but they had neglected to have her certiflV cate properly indorsed. TRAMP STEAMER OFFERED. Another Four-Dollar Vessel on the Market for Portland Loading. Orders for flour and grain continue to' arrive from the Orient, which has revived the talk of chartering tramp steamers for loading at this port. A steamer has been offered to local shippers at a ?4 rate, but the business has not progressed far enough to make it certain that tho ship will be taken. The Brlnkburn was fixed yesterday to load on' the Sound independ ently of the regular lines. The Dumbarton, which was chartered by the Portland Flouring Mills, has ar rived and will take on 60,000 barrels of flour for Japan. Her sailing may be some what delayed, as the Portland & Asiatic liner Aragonia will require berth room at the mills in a few days to load some 46,000 barrels. The Ferndene, another tramp steamer that is coming here, will be on hand about the last of the month. A factor that may' have some weight with exporters in this connection is the sudden advance in war risks that has followed the appearance of Admiral Ro jestvensky's fleet off the Asiatic coast. Rates have climbed from about l per cent, or 25 cents, to 35 cents to Japanese ports, and are expected to advance stead ily. San Francisco quotations are. still firmer. Most of the flour to be sent from Portland In the Immediate future has been covered. Kilburn's Fine Commuted. ASTORIA, Or., April 11. (Special.) No tice was received at the Custom-House today from the Department of Commerce and Labor, stating that the fine of $500 recently imposed by Collector Robb against the steamer F. A. Kllburn, has been mitigated to 510Q, provided an In vestigation to be made by the local cus toms officials shows that the vessel has the passenger equipment which the own ers claim, and that her certificate of In spection has been properly indorsed. A few weeks ago the steamer came into this port from San Francisco via coast points with 66 passengers on board, where as her certificate allowed her to carry only 34 passengers at night, and she was accordingly fined $500. In making an ap peal to the department in "Washington, the owners asserted that the Kilburn was Return of Captain Patterson. Captain W. H. Patterson, the Columbia River pilot, returned from Honolulu yes terday on the steamer Rosecrans, after a 30 days voyage undertaken for the bene fit of his health. The captain reports having thoroughly enjoyed the trip. The Rosecrans entered the Columbia Monday morning, two hours after high tide, and drawing 24 'feet. She brought 22,000 bar rels of crude oil from Monterey and, de spite her deep draft, had no difficulty in crossing In on a strong ebb tide. Captain Patterson took charge of her at Astoria and brought her to Linnton and last night returned flown the river with the steamer. Pilot Commissioners Organize. ASTORIA. Or., April 11. (Special.) The newly-appointed State Board of Pilot Commissioners, consisting of Sylvester Farrell, of Portland; George Noland and A. V. Pendleton, of this city, met here this afternoon and organized by the elec tion of A. V. Pendleton as chairman. The only other business1 transacted was to instruct the chairman to have the state pilot schooner San Jose prepared for serv ice off the mouth of the river during the coming Summer. Aljiance's Engineer Drowned. MARS H FIE LD, Or.. April 11. (Special.) Chris Topher Thompson, second engi neer on the steamer Alliance, fell over board last night while the vessel was tied at her dock, and was drowned. Captain Hardwick and the first officer heard the man fall, coming across the gang plank about 9 o'clock. It Is supposed that he was stunned by striking against the side of the ship. The body was not recovered until this morning. Free Rides to Deep River. "ASTORIA. Or., April 11. (Special.) The fight which has been in progress for some weeks between the Callender Navi gation Company and Captain John Pick ernell over tho run between this city and Deep River, Wash., resulted in the former putting a boat on the run today and carrying passengers free of charge. Centennial Is Floated. SAN FRANCISCO, April 11. Informa tion has been received by the Merchants Exchange that the steamer Centennial, which was grounded at Port Townscnd yesterday morning was floated last night. The vessel was found to have been dam aged but little and proceeded to her des tlnation. Adato on Fire at Sea. SAN FRANCISCO, April 11. The Brit ish steamer Adato, Just arrived here from Karatsu, Japan, reports that on March 28, whllo In a heavy seaway, the cabin was pet on Are by the stove being over turned. Before the fire was extinguished the Interior of the cabin was damaged to the extent of $15,000. Fisning Schooner in Distress. NORFOLK. Va.. April 11. An unknown New York fishing schooner is reported in distress off Thimble Light, in Lower Chesapeake Bay, with her main sail, fore sail and boom gone. A Norfolk wrecking tug has left to lend assistance. Marine Notes. The steamer Cascade has sailed for San Francisco with 550.000 feet of lumber. The new steam schooner Sea Foam has been chartered by the Portland Lumber Company to load for San Francisco. She will sail -Sunday. The barkentlnc Thomas P. Emigh start ed down the river yesterday bound for Shanghai. She carries . 1,200.973 feet of lumber valued at $12,041. The steamer Jessie Harkins yesterday went out on her first trip to Washougal In place of the lone. The latter steamer went to the yards for an overhauling. The Regulator Line steamer Dalles City had a satisfactory trial run up the Columbia yesterday. This morning she will resume service on the Portland Dalles route. Domestic and Foreign Ports. ASTORIA, April 11. Arrived at 10:30 A. M. and left up at 1:30 P. M. British steamer Dumbarton, from MoJI, via Port Townscnd. Sailed at 10:30 A. M. Gasoline schooner Chetco, for Rogue River. Condi tion of the bar at 5 P. M., smooth; wind northwest; weather clear. San Francisco, April 11. Sailed at 10 last night Steamer Aberdeen, for Portland. Ar rivedSteamer Umatilla, from Victoria. Sailed Steamer Commodore Perry. for Seattle; steamer Breakwater, for Coos Bay; schooner Lily, for UmpqutC Tacoma. April 11. Arrived Steamer Cot tage City, from Skagway; steamer AI-KI, from Skagway. Sailed Steamer Al-KI. for Skagway; steamer Cottage City, for Skag way. New York, April 11. Arrived Potsdam, from Rotterdam; Finland and Rhyndam, from Antwerp. Hamburg, April S. Arrived Memphis, from Tacoma, San Francisco, etc., via Mon tevideo, etc. Sydney, April 11. Arrived previously Sierra, from San Francisco, via Honolulu and Auckland. Revival at Grace M. E. Church. The revival meeting In Grace M. E. Church was well attended last night. A large chorus choir, led by Professor Wilder, rendered inspiring music. After several had led In prayer. Miss Lytle sang a solo. Dr. "Wilson took his" text from Acts: "Men and brethren, what must I do to be saved?" He said: "Salvation Is the permanent deliverance from both the love and the guilt of sin, as well as from Its consequences. How may one be thus saved? You must not Imagine you have nothing to do. YoU must not ex pect anyone to do It for you. I know lots of men who expect to slide into heaven on their wife's church membership. You must not expect Christ to do for you what He requires. I once heard a man ou may the Beauty of Perfect Health The perfect woman Is the woman who has perfect health. Beauty is more than skin deep. Beauty is as deep as pure blood and a perfect digestion. Especially is female beauty dependent on the perfect health of the delicate female organism. If you wish to have the beauty and attractiveness of perfect . health, if you wish your eyes to sparkleyour complexion to resume its brilliancy, and your whole body to thrill with the glow of renewed vitality, take that famous woman's medicine, LydiaLIMham'sVege taMeCompound If you have headaches, backache, organic pains, painful or irregu lar monthly periods, any womb or ovarian trouble, begin with Lydia E. Pinkham's Vegetable. Compound at once. It will save you need less suffering. It will restore your womanly beauty. Dear Mrs. Pinkham: Lydla E. Pinkham's Vegetable Compound cured me of a severe and protracted case of ulceration of the womb. I had twins, but lost one child. After their birth this trouble began, but your Compound restored me to perfect health. My little girl Is now six years old, and I am a perfectly well woman, and as happy as a mother could desire to be. I give ' the entire credit to Lydia E. Pinkham's Vegetable Compound. Mrs. S. R. BECKMAN, Cor. Murphy Ave. & "Whitehall St., Atlanta, Ga. No woman, were she a Venus de Milo, could continue beautiful with a dragging down female complaint. Mrs. Pinkham invites all sick women to write to her for advice. Many have benefited by it. Lydia E. Pinkham's Vegetable Compound Cures Where Others Fail ill pray: "Go out Into the byways and hedges and compel them to come In." Just what the lxrd asks us to do. jfcu must not mistake what you have toTo. We have not to make ourselves better. We have not to work up any emotion. We must repent and believe. To repent is to apologize to God. To apologize is to acknowledge fault, cease the offense and ask forgiveness. To believe is to trust our salvation to Jesus as an advocate Just as you would entrust a legal case to a competent lawyer, or the cure of Ill ness to a skillful physician. 'A life of faith will cure your worries. And It is the way to overcome your sins." The pastor announced services for each evening this week except Saturday. secure the full benefits which will come to the fruit Industry through this law. It was arranged that a meeting woulVl be held between the board and a committee from the Portland Merchants' Association last night for a discussion of the Coun Inspector act, but owing to the neceeel of President Smith's return home th meeting has been postponed for or. month. C W. X3TOWX28, Uxr. Steel Street-Cars the Latest. NEW YORK. Anril U. Steel cars will soon be running on some of the surface lines in this city. The first of a large number ordered has been received and will be put into servlco at once. Wood Is used only for Inside trimmings, and even this Is supposed to be fireproof. Horticulturists Conclude Work. The semi-annual session of the State Board of Horticulture was concluded at the morning session held yesterday In the office of Secretary Lamberson. For the purpose of aiding the effective ness of the new horticulture law passed at the last Legislature It was decided to publish and distribute a bulletin reciting the law. new sprays and advising the county Inspectors In regard to their duties. The board is bending every energy to CASTOR I A Tor Infants and Children. The Kind You Have Always Bought mtm HB BIUH9TM STH2T8. MITUUI, 0U9M European Plan $1.00, $1.50, $2.00 per Day THE BEST WAY TO SEE PORTLAND Is byTally-Ho, Cabriolet, Boulevard Wagon, or Landau. rilOE MAIN 232 UNITED CARRIAGE :-r COMMST Size to accommodate 4, 0. 9. IS and 28 people. Hth'and HQBBISQM StS. 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