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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 23, 1905)
to THE MORNING OREGONIAN, THURSDAY, NOVEMBER 23, 1005. TRIES TO BEST VICTIM'S HEIRS ; Wily Method of the Oregon Water Power & Railway Company. IMPOSES ON BROTHERS Makes Them Think the Corporation Is Not Liable and Partially Set tles for a Small Amount . With Administrator. Trying to beat the heirs of W. H. Ols lon a dead street-car victim, out of money which the courts are likely to award them, the Oregon Water Power & Railway Company has been using sly tricks, after the manner of greedy cor porations, seeking to avoid the penalties of their negligence. The company wishes to pay the family $500 and the funeral expenses of the vic tim, and through bluff and intimidation, and other .sly methods, induced the vic tim's administrator, his brother, to sign a release for that amount. But before the money was paid by the company and re leases signed by the other heirs and; ex-c.-uted and delivered, the family, coming into knowledge of the law, resolved to hold the company liable for highor dam ages. Notice Is Served. Therefore they, have served notice, through their attorney, J. L. Taugher. that they would not accept $500 as the price of OlstonV? life. The law allows $5000 damages for death of a person re sulting from the negligent or careless or criminal act of another person or corpor ation. The .tricks employed by the company to convince the members of Olston's family that they were lucky to .get $500, and that the company was most generous in of fering that price, make up another chap ter to the tale of that corporation's .self ishness and overbearing. How the Victim Died. The victim died of injuries received from being thrown from an overloaded car In a passenger stampede, resulting from a blowout of the "Jack" on the evenjng of November 5. He was standing on the front platform, on his way from Sollwood to Portland, together with ten others be sides the motorman. He had been fitting inside the car and had given up his seat to a woman and had been ordered out to the platform by Boynton, superintendent of the road. Before the car reached Brooklyn the fare register showed Si persons aboard. At Brooklyn about 16 persons got aboard. When the car was speeding at a fast rate the "Jack" exploded on the front platform, scaring the passengers, making stam pede and forcing Olston off the car and giving him mortal injuries. Conference "With Boynton. Four days later, after the victim's death, his two brothers wont to the office of Su perintendent Boynton, being invited thith er through1 a man named Al French. Ac cording to their statement, Boynton of fered them $200 and funeral expenses, add ing that the company was not responsible and that tbe company's lawyers had as sured him of that fact. Boynton declared that the responsibility, if any there was. lay on tlis person who had shoved the victim off the car. "We do not need to pay a single dollar," asserted Boynton, "but we understand your family is poor. Now, to show the good will of the company and avoid any possible disagreement, we will pay you $200 and funeral expenses. Just to help you along There is no use trying to sue the company, for we can beat you and keep the case in the courts ten years if neces sary We have our lawyers hired Dy the year, and it does not cost us anything to fight a. case for we have to pay our law yers anyway." Deceived as to Liability. The brothers declined to release the company for the sum specified by Boyn ton, and left him, but returned in the afternoon. Then they agreed to accept $500, thinking that they had succeeded in raising Boynton s first figure to good ad vantage, and being unaware, as they al lege, that he was deceiving them with a false idea of the company s liability. According to their version, they were to get the $500 at once, but Boynton, after consulting the company's attorney and Mr. Morrow, Informed them that one of tnem would nave to be appointed aaimn istrator of the dead man's estate by the county, in order that he might give a re lease to the company from further dam ages. Accordingly, W. H. Olston was ap. pointed administrator. . Check Is Made Out, Next day, in the office of George Mor row, a check was made out to him for $500,' and he and the other brother signed a release of claims against the company. They received the check In exchange for the release, but were Informed that they could not cash the check until releases had "been signed by the mother of the victim and the four sisters. Meanwhile, the check, together with a receipt given for the releases-by Mr. Morrow, were to rest in the Merchants' National Bank, where they were placed by Mr. Morrow, accompanied ty the administrator broth er. When the latter asked for a receipt from the bank for 'the papers, he was cooly informed at the bank that he did not need one. After the release had been fully signed, the two were to go back to the bank together and the check was to be given over to the administrator. Family Learns the Facts. That was two weeks ago. Meanwhile, the members of the family were learning the twists of the transaction and had come to the conclusion that they were being "worked" by the company. They secured J. L. Taugher for an attorney and last Tuesday notified the company that they would not sign a release in ex- chance for $a00. It is to be remembered that the $500 bad not yet been paid to the heirs neither had the bill for funeral expenses, amounting to $1H. But immediately on the serving of the notice, the company sought to bind the family to the contract which the heirs contend had not been executed, by paying the funeral bill with in half an hour afterward and withdraw ing the check from escrow, without the knowledge of the administrator, in di rect violation of the escrow, for it had been stipulated that the check -should be withdrawn only by the Joint order of Mr. Morrow and the administrator. Check Was Indorsed., The check had been indorsed prior to the escrow by the administrator, on persua sions of Mr. Morrow and Mr. Boynton and after being withdrawn it was cashed by the bank and the money held subject to the order .of the administrator. The legal fight will center on the ques tion whether the release contract had been actually executed. The car com pany will endeavor to hold the family bound to the terras of that agreement. HARRY MURPHY'S IMPRESSIONS OF'R. F. OUTCAULT, AND OUTCAULT'S IMPRESSIONS OF MURPHY R. F., or better. "Diok" Outoault. progenitor qf Buster Brown," Is horc to show Portland what a $76,000 per annum comic artist looks like. In lls inimitable way he Is going to tell some stories with his tongue and his pencil at the Marquam today. When I called on the gentlemen in question yesterday he was discovered inducting Buster and TIge through another of their nerve-racking dis asters. He works with a facility that betrays his IB years' experience. Outcault prefaced his artistic career by painting signs and .safes. That was before it became necessary to employ a corps of private secretaries and attorneys to attend, the details of his affairs. For. be it known, Out FOND OF PORTLAND Cartoonist Outcault Speaks at . Banquet Board. AD MEN'S HONORED GUEST Buster Brown's" Father Accepts Commission as Plenipotentiary to World of Attractions of Rose City. 'I want to say that whenever a friend asks where to find a town full of push and enterprise. 4n which to Invest some money. I won't tell him to go to any place but Portland. And. further. If there is ever a time that I change my place of abode, there is no place that I will come to so quickly as to Portland." Such was the remarkable tribute paid to this city and its citizens by R. P. Out cault, the cartoonist, who has made him self famous as the originator or uuster Brown, the Tcllow Kid and other crea tions which" appear In the colored supple ments of newspapers in all parts of the United States, at a banquet given In his honor at the Commercial Club last night by the Portland Ad. Men's League. Mr. Outcault appeared to he most fa vorably Impressed with Portland, and at the banquet took no pains to conceal his admiration for this city. He said ttiat ne believed in mouth-to-mouth advertise ments, and took himself as an example. He said he was proud to call himself a "bully" good friend of Portland, and, nat urally. therefore, he would boost It when ever the opportunity offered. He cited the Lewis and Clark Fair as. an Instance where good advertising had backing of the most desirable kind. He said the people of the East expected something out of the ordinary In the Lewis and Clark Exposition, and that they were not disappointed. He said- the people of the East talked of the Fair long oefore t opened, and that they are still talking of It. The banquet last night was one of the most delightful affairs of Its kind ever beld in Portland. It was attended by sev eral score representative business men and citizens, who took occasion to show that Portland appreciated genius, and that it held the door wide open to stran gers. It was a beautiful exemplification of that true Western spirit of hospitality which some people do not believe exists except In books. Following an elaborate menu served In a dining-room tastily decorated with masses of flowers and evergreens, Em mett C. Brown, the toastmaster, intro duced several .speakers, who extended welcome to the father of Buster Brown. . Mr. Outcault responded In a light vein. In cault lias an Interest In four BHSter shows now touring the country not to mention the pin money thitt romilts from lending the magic sosamo "Bstor Brown" to manufacturers of chewing gum, clothing, toys, etc, etc-, and so forth. A man' dross Is peculiarly sug gestive of his character. Outcault is not of that breed of quacks and pro tenders who, by means of flowing ties of extravagant area, soft felt bats and unabridged editions of hair, en deavor to deceive themselves and tho public Into the belief that they are artists. The person of the man who has added to the "gaiety of the na tions' was clothed in a brown twoed suit of fashionable cut the coat be Ing long and worn buttoned, a green which he told several amusing Incidents of the tlmo when he was a young artist struggling for a reputation. Then followed other spcoches by the members of the league who paid nu merous compliments to Mr. Outcault. and In which they expressed their rv wavering .loyalty to Portland. Mr. Brown, the toastmaster, made a very appropriate 'and pleasing ad dross in which he reviewed tho art of odver tlslng, saying, its advent began when Adam told Eve of the apple. He closed by saying that the Lewis and Clark Exposition was numbored among the great advertisements of the world, but that It must be followed up by more and more advertising. He said a good method was to send envoys to circulate through all parts of the United States. He thereupon appointed Mr. Outcault a plenipotentiary of Portland. Mr. Out cault then responded with the words whjch are reproduced above- So much genuine enthusiasm was displayed last night by the members of tho Ad Men's League that three of the guests present entered their names for membership. They will be acted upon at the next meeting of the association. The presentation of the names for membership came after ad dresses delivered by Rinaldo M. Hall, advertising agent of the O. R. & X, and Mr. Brown, who stated that the members were trying and were going to succeed In 'bringing the enrollment of the organization from 90 to 100 members by the first of the year? Mr. Outcault was elected honorary member by a unanimous vote. Buster Brown presented one of his famous resolu tions, which was adopted. Among others who responded to toasts were C. J. Owen, A. B. Stein bach, W. Cooper Morris, Calvin Heillg. Harvey Winzer. B. I. Dasent, C C Chapman. C. S. Jackson. Ira F. Powers, S. H. Friedlander. G. W. Klelser and Julius Klausner. TEA AT CHILDREN'S HOME Original Drawings of Buster Brown Will Be Sold at Auction. There will be a tea at the Children's Home this afternoon from 2 to 5 o'clock to which the public Is cordlaly invited.- The S oars, running south on Third street, will carry visitors to the door of the Home, and are acesslble by transfer from all other car lines in the city. Including East Side cars. This Is the anual Thanksgiving tea and. as In past seasons,, will prove a most enjoyable affair both to the visitors and to the children. The Home has been presented by R- F. Outcault. the orig inator of the famous "Buster Brown" pictures and stories, with the original drawings which he will use to illus trate his lecture at the Marquam' Theater tonight. It has been decided to auction these pictures off at the theater immediately after tho lecture, the proceeds to go to the Children's Home. This courtesy on Mr. Outcault's part is deeply aprcclated by the Ladles" Relief Society, under whose supervision the Children's Home Js conducted, and there will, no doubt, be a groat de mand for the drawings when the auc tion takes place tonight. tie. "and low patent leather shoes with 1 conspiauouK bow. His height is feet I S Inches, age 46 years ho doesn't look I It by ten years, hair has an Inclination j to be blonde, eyes blue and remarxobiy penetrating reminiscent of Detective W. J. Burns, with whom, by the way. he has several points in common, not the least of which i a keen discern ment into human nature. Outcault's voice Is of pleasing quality, articula tion rapid a qualification that ap plies to all of his actions. His walk Is marked by Just a hint of what Is Vulgarly known as "plgeon-tbe." There Is about him an air of" some thing closely resembling distinction. His personality Is a singularly win ning one. While he Is In no sense con ceited, 1 venture to say that praise DIED FOR FREEDOM Irish Pay Tribute to Manches ter Martyrs. SERVICES IN. MEM0RIAM Eulogies of Allen, Lark in and O'Brien Delivered and Songs of Erin Given Before a Large Audience. The large gathering that assembled at the hall of the Ancient Order of Hiberni ans last evening to do honor to the names of Allen. Larkln and O'Brien, the Irish patriots who were martyrs to the cause of freedom at Manchester was enter tained by an excellent programme, the principal Item of which consisted of sev eral orations dealing with the Irish sit uation of today and of the time whenahe young patriots gave their lives for their native land. Dr. Andrew C. Smith presided at the meeting, which was held under the aus pices of the Hibernians, and opened the programme with a few remarks relative to .the life and death of the three Man chester martyrs. Three Irish Patriots. The three Irish patriots in whose honor the meetings are held each year were hanged at Manchester, England. Novem ber 23, 1S67. for having participated In the rescue of several political prisoners from an English dungeon during the turbulent times existing in Ireland. Allen was a youth of 19, Larkln an artisan residing. in Manchester, and O'Brien had been a Captain In the. Union Army during the Civil War. and returned to his native land to assist his countrymen in their battles with the English. Several musical numbers, consisting of Irish airs, were rendered before the ora torical programme was begun, which con sisted of the Initial song by Brendon Keating, entitled, "Sweet Rose of Old Klllarney," which elicited a hearty en core, and he responded with a lively song called "I'm a Dandy Irish Man"; Miss Nora Barrett sang "Believe Me If All Those Endearing Young Charms" in a pleasing manner; Miss Elizabeth. Harwas rendered the song. "Kerry Dance." in such a delightful manner that she was called upon for an encore, and responded with "My Wild Irish Rose." which was enthusiastically received; Frank D. Hen nessey sang "Mamie Mclntyre." an amus ing sketchy In his okf-tlme form, and was greeted with calls for more, and respond ed with "On St. Patrick's Day." In both pieces Mr. Hennessey was accompalncd by Miss Helen Lightncr. At the conclusion of this part of the is not altogether offensive to him. According to Outcault's understand ing the qualifications that Insure suc cess In New York are the ability to fight, and Incidentally to "put up a front." Mr. Outcault has It If I may take a liberty with one of his phrases that h "saucy vest" will produce more tangible results than a head bursting with Intellect. I gather that New York is Indoed the paradise of technically speaking the "four-flusher." As an artist. Outcault may not be an active asplntnt for the laurels that ornamented the brows of Rem brandt, Rubens and a few others, but he has a pen that brings an income exceeding the salary of the President of the United States which is "going some." HARRY MURPHY. musical programme. Dr. Smith Introduced the orator of thd evening In the person of P. H. D'Arcy, of Salem, who eulo gized at some length the Manchester mar tyrs. Judge D'Arcy said in part: "Allen. Larkln and O'Brien are three names the mere mention of which stirs tho-hearts of all true Irishmen, but they are only a few of the many patriots who gave their lives to the cause, and the order under whose auspices the ex ercises this evening are held has for one of Its principal objects the commemora tion of the men who died in the cause of, freedom for Ireland. We of this grand American country who are of Irish birth or descent owe our first allegiance to the Stars and Stripes, but that does not deprive -us of having a love and de votion for the country from which our fathers sprang, and It is the duty of all true Irishmen to cherish the memory of those who died, in the cause of freedom." The next speaker was J. Hennessy Murphy. who told of the history of the events that led up to the death of the martyrs, and his remarks were greeted with enthusiasm almost unbounded. John Fleming Shields, of Boston, was introduced, and In glowing terms paid tribute to the men who gave up their lives for their country. T AT COURT "WILL DECIDE PROBLEM OF CIVIL SERVICE. John Ilankln Contesting to Learn Whether . Employe of City Can Be Reduced. In the mandamus suit of John Rankin against the City of Portland. City Auditor and City Engineer, to test the clvll-serv- lce law, John F. Logan, attorney, yester day filed a demurrer to the answer of the cltyr and will try and push the case tq a final conclusion. Bankln was employed as an Inspector in the City Engineer's office at a salary of $75 per month. He passed the civil service examination, and was placed In the Grade C class. In March last villlam Wanzer. then City Engineer, reduced Rankin to the position of a day man at $2.50 per day when employed, and raised J. Gross, a day man. to the position formerly occu pied by Rankin. The reason assigned was that Gross was a married man. while Rankin was not. and Gross needed the money. Rankin refused to make the change and tried to induce the members of the Civil Service Commission to back him up. They refused to do so. and he appealed to the courts, contending that under the provisions of the city charter and civil service rules he could not be re duced. The case has hung fire ever since, but now seems in a fair vy of reaching a final decision. In speaking on the subject yesterday Mr. Logan said: "The law provides that a man under civil service rules cannot be dismissed without cause, but the office, may be abolished. If men could be re duced from one position to another, they could be finally gotten rid of. "The very thing done in the Rankin case, If sustained by the courts, could be ROYAL The Absolutely Pure Baking Powder Made of Cream of Tartar, and . Free From Alum or Phosphatic Acid Royal Baking Powder renders bread, biscuit, cake and all flour foods finer and more healthful. Baking powders made from alum, phosphates and other harsh, caustic acids are lower in price, but they are injurious to the stomach. 1 "The injurious effect of alum on the mucous coat of the stomach is positive and beyond dispute; it is both an irritant and an astringent. The use of alum in any article of food or 1 article used in the preparation of food should be prohibited.' JOHN C WISE, MX)., Mcal Iwpcctor, U. S. Nit. done in the Police Department or wher ever the civil service rules apply, and detectives could be reduced to patrolmen, or captains reduced In rank." Court Decisions. Judge Frazer will decide the following cases this morning: v Carrie M. Elwcrt vs. P. 1J. Marlcy et al.: demurrer to complaint. Mrs. E. C. Sprague vs. the Oregon Wa ter Power & Railway Company; motion to strike out parts of complaint. Henry "Witt vs. George T. Proteet; de murrer to complaint. Portland Manufacturing Company vs. T. M. Word. Sheriff; motion to strike out parts of answer. Court Brevities. Divorce papers received from Pendleton in the following cases were served yester day by the Sheriff: Llllle M. Manning vs. William Manning; James Nestor vs. Sophie Nestor, and Elizabeth Switzlcr vs. Edwin Switzler. The nrguments In the Amanda W. Reed will contest case were concluded yester day. Martin L. Pipes was the last peakcr. and contended that Mrs. Read never lost her domicile In Oregon, even though she had a residence or home In Pasadena Briefs will be submitted by the- several nttorneys. and a decision will probably not be reached before several weeks. Leo Hawas, a youth IT years old. who was caught by an officer Jumping over the fence of the Multnomah Field, in order to see the football game, was brought before Judge Frazer yesterday and was allowed to go after receiving a lecture. The management of the club say boys climbing the fence In numbers have broken It down In places, and an effort will be made to stop the practice and punish offenders. BURGLARS FROM THE NURSERY THKBK len-year-oio ooys coiuessea to a burglary charge in the Juvenile Court vesterdav afternoon and de tailed to Judge Frazer nil the particulars of the crime. The ringleader, a saloon keeper's son. proposed to the others to break Into a store after it had closed for the night and steal some tools. He ex plained that -the deed could be accom plished by throwing a rocK tnrougn a window. He did so and a second boy. ntsrt tho nnoesnv of a father who sells drinks, boosted him up so that the broken window could be reached. Tne tnirti ooy claimed he was a somewhat unwilling ac complice, but he also tooK part arier things were well under way. The stolen goods were concealed a short distance from the scene and when the boys re turned for them two days later, a police man was there and placed them under arrest Boy number two uisproveu me old adage that there Is honor among thieves because he admitted to Judge Frazer that between the two days and unknown to his associates, he went to the cache and removed some of tiie prop erty and converted it to his own use. Boy number one acknowledged that he stole a toy engine at the Exposition and was not detected. The mothers were present and heard the confessions of .their children. Judge Frazer indulged in a long conference with the youthful offenders and pictured to them the hard future before one who Indulged in crimlnnl practices. The boys were then released on probation. They are all regular school attendants. Indies Talk Woman Suffrage. Mrs. Ada Wallace Unruh and Mrs. C. H. Howe. National lecturers of the Woman's Christian Temperance Union, were the speakers at the Multnomah County Institute of that organization, which was In session yesterday In the auditorium at the Young Men's Chris tian Association building. The differ ent phases of the work of the body were taken up and thoroughly dis cussed. Special emphasis was put upon the financial needs of the Union by Mrs. Howe, who spoke upon the sub ject. 'The Sinews of War." The cause of womrtn suffrage was presented by Miss Laura Chase, who appealed to the members of the organ ization to assist In bringing the matter before the voters of Oregon at the next election. At the close of her address resolutions were passed expressing the willingness of those present to co operate with the Suffrage Association In this work. Organization of branches of the Loy al Temperance Legiort among children throughout the state will be carried on during, tne coming months. Herbert Shattuck. of New York, has been se cured for this work, and will spend some time In Oregon early In the year Two weeks will be spent by Mr. Shat tuck In Portland. CHRISTMAS IN MEXICO Special Fnllnua Excursion Train Via the Southern Pacific Railroad'. On December 16, a special Pullman ex cursion train will leave San Francisco, via the Southern Pacific, for the City of Mex ico. Low rates have been made for points on the Southern Pacific in Oregon. Par ticulars by asking any Southern Pacific agent or writing A. L. Craig, general pas senger agent, Portland, Or. y For any case of nervousness, sleepless ness, weak stomach,' Indigestion, dyspep sia, relief Is sure In Carter's Little Liver Pllla. TRRFF1C MEN PUR Railroad Commission Ruling Subject of Thought. NO CHANGES IN TARIFFS' Two Days' Session of Hill and Har riman Lines Officials Devoted to Secret Conference on Topics, of Importance. : x A 'l J It Is understood that the conference of traffic officials of the Hill and Har riman line., which has been In session In Portland for two days, terminating last niKht. was devoted tersely to a discussion of the recent flndlnss of the "Washington State Railway Com mission. This Is a matter of vital Im portance to the two systems and. It seems probable, was the cause for a. metlnfr of the head officials of th frelsht departments In the Northwest, at this time-. All who attended deny that the conference was In any way connected -with this matter, declar ing that It was held simply, to discuss the proposition submitted by the Job bers and Manufacturers' Association and minor matters. Officials of the Hill and Harriman rail roads and the steamship companies which operate between San Francisco, Portland and Puget Sound ports have not yet granted the readjustment of freight rates asked for by the North Pacific Coast Jobbers and Manufacturers' Association irt order to do away with the discrimina tion against Portland and the Washing ton cities In favor of San Francisco ship pers. A deputation of traffic officials made two calls upon W. A. Mears. secre tary of the asslcatlon, yesterday, and In formed him that they had been unable to come to an agreement In the matter. It Is understood that the proposition has not been dropped, however, and that the desired changes may come later. The shippers have 'also asked for several other changes of minor importance from the freight officials. Among the things asked for is a reduction of freight rates on carload lots of cereals from the Coast to points between Portland and Spokane. The shippers also ask for a transconti nental rate cn carload lots of whisky in cases, and a reduction of rates on less than carload lots of parts of harness and harness trimmings between the East and the Pacific Coast. These requests hae been taken under advisement. Yesterday throughout the entire after noon and evening the traffic officials were in sec.-et session, and very little could be learned about the business under consid eration. When asked, the officials denied that anything of consequence was before the conference, and stated that they were simply adjusting a few minor matters whieh are of mutual interest to the Hill and Harriman lines. It was rumored yesterday that the con sultation was partially in relation to mat ters connected with -the recent findings of the Washington State Railroad Com mission, but this is emphatically denied by those who attended the meeting. How ever, this is a matter which is of great importance to the two systems just at present, and it is not likely that it would be entirely overlooked at this meeting of the freight officials. It is known thatthe O. R. & N. will perfect Its appeal to the courts as soon as the formul order of the commission Is handed down instructing the roads upon ' the joint rates that shall be put into ef ! feet It has not yet been announced ! whether the Northern Pacific will appeal I from the findings of the commission, but ' even If It does not the company will. doubtless, give its support to tne Harri man line In its appeal, and it seems alto gether likely that this matter formed an important part in the discussion yesterday and the day before. Tells How to Prepare Turkey, -vtiao TMnei erave an interesting ' demonstration of how to prepare and I cook the Thanksgiving turkey at the Domestic science scnooi last nignt. which was watched by a class of young housewives who will venture on their first big dinners on the National holi day. The method of cleansing the birds properly, removing the tendons from the "drumstick." trussing and stuffing were all thoroughly demonstrated.- and the result will, no doubt, be many fine turkey dinners on Thank " giving day. Miss Tingle will repeat this same lesson next Friday morning at, 10 o'clock by special request. The same general methods mentioned in her article on turkeys in "last Sunday's Oregonian were followed out In her in structions last night and proved most practical. All varieties of stuffing were made.