11 IHEBIPF IS IN FULL CONTROL fsmmmmmmmmtmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm MANY MUST TESTIFY One Hundred Witnesses Will Be Called in Richards' Case. Both Railroad Armies Enjoined From Fighting at Maeg ly's Junction. MANY PEOPLE SUBPENAED Detectives Kay and Jones Have Been Watching the Establishment for Many Weeks, Gather ing Evidence. 0. ,RV & N. CO. GETS ORDER THE MORNING- OREGONlAN, THURSDAY, JANTJARY 11, 1906. . . - j - w ; , v . if .U -K 1 I x r 1 Counter Injunction Prevents Port fland & Seattle From Disturbing Grossing !Lald by Its Klval During the Night. The forces of the O. It. & X. Co.. and of tho Portland & Seattle Railroad Com pany' arc resting at Maogly's Junction lfko two Impatient hounds, restrained by the enjoining hand of the law. The O. R. & N. Ik enjoined by the Portland & Scat tic from further work at the crossing, while late yesterday afternoon the O. R. & N. secured an Injunction against the Portland & Seattle prohibiting the latter company from interfering in any man ner with the grades of the O. R. & X. As an extra Inducement offered by the O. R. & N. to procure an injunction it was alleged that men armed with re volvers and whotguns were asemblihg under the directions of the Portland & Soattlo Company to deprive the Harrl man army, armed with shovels and picks, of the advantage seized Tuesday night. Judge "Frazer issued a writ of injunc tion after 4 o'clock yesterday against the Portland & Seattle Company, which was served upon Contractor Iessault by Deputy Sheriff Downey later in the eve ning. As the matter now stands the O. R. & N. has the better of the argument since it has possession of the field with its grade established and has its track laid across the disputed right of way. It was after 12 o'clock Tuesday night before the r,.Ti of Williams. Wood & Llnthicum com pleted its application for an Injunction against the O. R. & N., which was hard at work establishing its grade across the land recently purchased at Maeglys Junction by the Portland & Seattle com pany. Deputy Shorlff Cordano hired a rig and by hard driving was able to reach the Fcone of action about A o'ejock, which howovor, was not soon enough to prevent the O. R. &. N. workers from gaining their point. Order Came Too Iatc. When the Injunction was served upon the O. R. & "S. the entire cut 200 yards long had been completed, and ISO feet of track had been laid, the rails spiked into place and the roadbed surfaced ready for traffic. The main effort had been made at the place where the O. R. & N. track crossed the survey of the Portland & Seattle Company's. In retaliation. Arthur C Spencer, on behalf of the O. R. & X.. applied -for a writ of injunction against the Portland & Seattle Company late yesterday after noon, alleging that armed men were threatening to tear up the track laid by the complainant company. The service of this writ by Deputy Shorlff Downey effectually put a stop to any warfare at the crossing, and will keep matters quiet there until such a time as the case is board in court and the injunction set aside or some compromise effected. In the meantime the construction gangs of both companies will be employed in grading along those portions of the right of way which are not In dispute. The O. R. & X. Co. secured possession of the crossing in dispute after condem nation proceedings in Its suit against the College Endowment Association. This was done by obtaining an order signed by Judge Frazer authorizing the O. R. & X. Co. to enter into possession of the lands and construct Its railroad thereon. Armed with this order, O. R. & X. Co. officials dispossessed the Portland & Seattle Company's force of men, and put graders, tracklayers and others to work to tear down the trestle, and build ac cording to the O. R. & X. Co.'s grade. The College Endowment Association, of "which A. H. Maogly is the principal own or. on January 6 filed an answer to the condemnation suit of the O. R. & X. Co., stating that the condemnation of the land now belonging to the College En dowment Association and sought to be condemned by the O. R. & X. "Co., was worth ?62j0. The word "now" was used so as to exclude the crossing in dispute deeded by the College Endowment Associ ation to the Portland & Seattle Com pany on December 23. Made a Shrewd Move. The O. It. & X. Company, on Tjuosday, confessed to this answer and had R. Aldrich, as a juror, sign a verdict in favor of the College Endowment for $6250, and condemning land sought by the O. R. & X. Company for right-of-way purposes. The verdict, however, reads that the land is conveyed as owned by the College Endowment As sociation prior to December 22, 1905, end as the title to the same existed prior to December 2, 1905. The dato December 22 was included to get ahead df the deed given by the association to the Portland & Seattle Company on Decomber 23 covering the disputed ground, and also to counteract the statement of the answer of the College Association that It would allow con demned for right-of-way land it now owned, to the O. R. X. Company. It was on the verdict that the O. R. & X. Company secured the order signed by Judge Frazer placing it in posses sion, and enabled It to knock down the trestle of the opposition, and place its own track and grade. The complaint in the injunction suit filed by tho Portland & Seattle Com pany recites that the College Endow ment Association agreed in writing to sell it the grounds, and the agreement was recorded. It was accepted by the company on December 21, and pos session of the property was obtained on that date. The deed was recorded on December 23. The condemnation suit was filed by tho O. R, & N. Com pany on December 22, and the Port land & Seattle Company says it had full possession on December 21. DOUBLE TRACK OX JfORTH BANK Unconfirmed Humor That Project Is Now Being Considered by Hill. Does James J. Hill Intend to build a double-track road along tho north bank to Portland? This is a question which is being discussed among the railroad men of the Northwest, and there are many persons who believe that such is the In tention of the railroad magnate. The Information has been elicited from a trustworthy source of information that Hill is seriously considering the advisa bility of laying two tracks as soon as Uio grading has been made and the tunnels bored. The story lacks confirmation, how ever. From the same source it was learned that the roadbed which is being con structed will be wide enough to accom modate two tracks, and that if only one ack is decided upon for the present, is will be laid in such a manner as to leave room for the installation of tho other rails at a later date It Is under stood that the double track will be laid sooner or later. Men who arc thoroughly conversant with tho railroad situation are at a loss to understand how $9,000,000 can be ex pended in the building of a single-track road 241 miles. They say that if this enormous amount in to be expended that surely there will be two tracks instead of one. There are many who arc of the firm belief that the Chicago. Milwaukee & St. Paul seeks and will obtain an en trance to Portland ovor the Hill lines. This road Is now building west, and it was reported some tlmo ago that it would Join with the Xorthorn Pacific at Wal lula Junction, and use the same track, in coming down the north bank of the Columbia to Portland. It was, on account of an agreement to this effect that the double track was to be built, according to the story. AT THE THEATERS What thePrej Agents Say. MODJ12SKA TONIGHT. Celebrated Actress. Begins Engage ment at Marquum in ".Macbeth." Tlic celebrated aetre, Madams Helena Modjot-ka, supported by hor own capable company of player, will begin an engage ment of threo performance at the Marquam Grand Theater tonight, presenting Shake pcare's dramatic tragedy. "Macbeth." To morrow night ShakFpeare'j delightful com edy. "Much Ado About Nothing." will be the offering: Saturday matiaee. SchH!orn his torical drama, "Mary Stuart." This will be Modjebka's farewell tour. Other actretscs have won wide popularity. nBd tbclr retire ment would be deplored; but it is doubtful If there Is another one the low of whom would give a senre of doep personal be reavement to the majority of playgoers jeh as in the chfo here and in ether cities over the withdrawal wf Modjoska from public life. Her vlrtts in classic repertoire have been among the most delightful events in our theatrical history. She has endoared herwlC to tho public by her personal quali ties as well as by her art. Her aim always has been to present great dramas as they should bo given, and she has never sacri ficed her Ideals to commercialism. When possibly acceptable performances might have been given cheaply. Modjeska would never spare expense In order to give thcra per fectly. On this farewell tour she Is adher ing to this high standard Inexorably. Seats are now selling for every performance. "Innocent Maids" at the Baker. This week "The Innocent Mahte" at the Baker offer several novel fcnd startling at tractions and throughout glvo a strong bur lesque performance. The last performance will be glvcn"Saturday matinee, and tonight an1 'tomorrow night tho curtain will rite at S:15. "At Cripple Creek." Everyone who has seen "At Cripple Creek" at the Emplro thla week Is enthusiastic over the perfect picture of wild Western mining life given by the author and Mr. Carpenter's clever company of players. LSttle .Mllllcent Evans is a typical little girl of the Golden West. Business at the Empire this week is simply rushing. The play deserves It. Go and see for yourself. Last time Saturday night. Matinee Saturday. COMING ATTRACTIONS. At the Baker Next Week. At the Baker noxt week "maids, mirth and molody" will reign supreme when that splen did organization, "The Aloazar Beauties" Company, under the personal dlorction of T. W. Dinkins, hold eway. Commencing Sunday matinee and continuing for Mx nights this company will be the offering at that popular playhouse. "Her Marriage Vow." "Her Marriage Vow." a. highly successful, sensational comedy-drama, will open at the Emplre Sunday afternoon and the popular leading" woman, Allcen May, will be eea In tho principal part. The scenic effects are new and startling, with many jowcrful melo dramatic climaxes. WILL FEAST BRITISH TARS Americans at Manila to Entertain Noel's Squadron. MAXTLA, Jan. 10. The British cruiser squadron, commanded by Admiral Sir Gerald Henry Xoel, consisting of the flag ship Diadem and the first-class cruisers Hogue and Sutlcj, Is due here tomorrow morning. Elaborate preparations have been made for their reception. On Thurs day Rear-Admlral Train, of tho United States Xavy, will glvo a banquet to Ad mira). Xoel, the captains of the British fleet and civil and army officials on the flagship Ohio. A ball will follow the banquet. Tho junior officers of the bat tleship will be entertained at a similar dinner in the wardroom of tho Ohio. On Friday night Acting Governor Ide will entertain the British and American officers at dinner; the officers of the American Marino Corps will dine the Brit ish Marine Corps officers. Tho chief pet ty officers of tho American fleet will give a banquet to tho British officers of tho same rank at the Motropolo Hotel, which both Admirals Train and Xoel -will at tend, and the "Jackics" of the American fleet will entertain the visiting "Jackies" at a mlnBtrebshow. On Friday afternoon, Admiral Xoel will give a reception on the Diadem. On Saturday afternoon, the British residents will entertain the officers at a garden party, and on Saturday night the Elks will give a banquet and balL The Brit ish squadron will sail on Sunday. The American fleet, consisting of tho battleships Ohio, Wisconsin and Oregon, and the cruisers .Cincinnati and Italelgb, is anchored oft Manila. ' Marine Br Beaedy Cures fcye: Males WesJc Xtm stress. Seotkes ye Pals: Pee&'t SaurV BATTLEGHOUND OF MAKGI.Y JUNCTION, SHOWING THE TTJELD XFTER THE WORK OF THE O. R. & X. GRAD ERS. AND THE TRESTXE OF THE 1'ORTLAND & SEATTLE. WHICH WAS DESTROYED. IT BT HUB Rumor He Is Backing Chicago & Northwestern Disbelieved. NOTHING TO BE GAINED Local Railroad Men Fall to Sec Why He Should Go Over Cas cade Mountains to Seattle. Reports from Chicago to the effect that the Harriman intorosts are back of the construction of the various Chicago &. Xo n.h western projects now under con struction or in contemplation between Caspar, Wyo.. and Seattle, arc not cred ited by Portland railroad men, who see no reason why Harriman and his people should build such a line or enter into such an agreement. Recently scvoral separate corporations have been organized in Washington, Idaho and Wyoming, known as the Seattle & Xdrthwestern, the Idaho & Xorthwestcrn and the Wyoming & Xorthwestcrn. Tho work of constructing the Wyoming & Xorthwcstern line is now under way, and more than 30 miles of road has been built from Caspar, the present terminus of the Chicago &. Xorthwcstern, towards Lander and the mountains separating Wyoming from Idaho. Surveys and right-of-way locations are at the same time being attended to by the other two companies. It Is the theory, therefore, that the Chicago & Xorthwest crn Intends, through these three compa nies, to enter Seattle via Pocatollo, Idaho, and Wallula, Wash. The theory advanced in Chicago is that Harriman is back of the construction of these three roads, and especially of the Seattle & Xorthwestern, or Xorth Coast road. According to the Chicago story, Harriman will get Into Seattle over the tracks of this new line from Wallula In return for granting the Chicago & Xorth western the right to enter Portland over the O. Tt. & X. tracks from Wallula. Railroad people do not credit this the ory. Inasmuch as they can see no reason why Mr. Harriman should wish to haul bis Eastern business over the very moun tains which are forcing the Xorthern Pa cific to construct the Xorth-Bank road into Portland at a cost of J10.CO0.O00. The Harriman system now has tho Columbia Rivor route over the O. R. & X. tracks, and Is considering, and In all probability will construct, the Central Oregon line within a year, in order to have a more direc route to the East. With these two lines there will be but one thing lacking to make the system complete, and that Is a local line from Portland to Seattle to tako care of the local business, give the Harriman lines a direct route for their California traffic to Seattle, and also for their Eastern business bound for Puget Sound. This one lack will be probably over come within a short time, perhaps even before the north-bank Hill road Is oompleted Into Portland, by tho con struction of a road from Portland to Seattle, to form the last link needed In the Oregon-Washington division. Years ago surveys were made. Tight of way secured,, and In many places grades "were established for the con struction of this line, but the hard limes and financial depression com pelled the abandonment of the scheme, and today the rights of way have lapsed and been purchased by the Northern Pacific and the grades nave been destroj-cd. Other routes remain, however, and It Is persistently rumored that Harriman will build the Portland-Seattle lino within a short time In order to g-ct into tho Sound on an even footing with Hill and his Great Xorthern and North ern Pacific roads. When -this is done Harriman will have an easier route from the East to Seattle by way of the present O. R. & X. route, or by the Central Oregon Hue via Portland, than Is now possessed by the Xorthern Pa cific with its heavy" grades acrosstho mountains. The construction of this road will also place Seattle in direct communica tion with San Francisco, besides forc ing' the Xorthern Pacific to share tho immense and growing local business existing between Portland and Puget Sound. For all thess reasons, therefore, no railroad a man on the ground can see why . It "would benefit the Harriawm Bill roads to enter Into any agreement with tho Chicago & Xorthwcstern. The Idea of such a combination is scouted by Portland railroad men and no cre dence is givon to the story. STRA1IORX KEEPS HIS SECRET Harriman Officials "Will Xot Admit or Deny Their Interest. BROOKLYN. X. Y., Jan. 10. (Spe cial.) Mr. Strahorn, of the Xorth Const Railroad, is in New York and in dnily conference with railroad, con tracting and banking intcrosts. An nouncements in regard to tho project are expected at any time. He says that his plans arc proceeding satisfactorily, but ho will not affirm or deny rumors at present. Harriman officials and interests will not deny that the Xorth Coast is a Harriman undertaking and It Is gen erally believed here that It Is. Reports received bora today of hoavy pur chases of tidciands at Seattle by Hol len and a trust company In which Ja cob SchlfT. Is Interested aro taken to In dicate that the Harriman road will build to Seattle, but Kuhn, Loeb Jt Co.. and Harrimon officials, including Hellcn, arc simply noncommittal. WANTS A 1'RAXCHISE FIRST St. Paul "Will Then Talk Terminal Company "With Seattle. SEATTLE, Wash., Jan. 10. (Special.) Tho Seattle City Council has given up the idea of. forcing the railways to form a terminal company. The St, Paul has re fused point blank to ask such an organ ization of the old lines and the Hill com panies will not take the Initiative. The St. Paul Insists It will not talk terminal consolidation until It has something to throw In the pot and without a franchise and a Seattle line of their own the com pany cannot acquire anything here. Tho committee of business men which has been working for the terminal con solidation told the Council committee on corporations today that tho terminal company could not be formed at present and the scheme was laid away. It will be taken up after the St. Paul gets Its fran chise, with the presidents of the lines. It is probablo the St. Paul franchise will be recommended at Friday's meeting of the corporation committee. The St. Paul has arranged with the Pacific Coast Company for trackage rights on the Columbia & Puget Sound Railroad in the event Snoqualmie Pass is adopted as the route across the Cas cades. The new line would ship materials over the Columbia & Puget Sound Into the Cedar River Valley. Between Maple Valley and Seattle the St. Paul will paral lel the Columbia & Puget Sound If the Snoqualmlo route is adopted. Engineering corps aro now making final surveys In all passes under consideration, working, their reports show. In very heavy snows and against big odds. PARATjIiELS the ixterurbax St. Paul Crews "Working on Xow Right of Way Toward Tacoma. TACOMA, Wash., Jan. 10. (Special.) Operations have been commenced by a Chicago, Milwaukee & St. Paul construc tion crew on the right of way between Bluffs and Stuck, on the Interurban. working toward Tacoma. Xew work is being done parallel with and about SCO feet from the Interurban right of way. Railroad men and others who havo closely watched the situation aro confi dent that this move on the part of the St. Paul means that the Earling road is to parallel the Interurban between Ta coma and Seattle. Another route was contemplated, but because of the fact that some of the property-owners put the price on the right of way too high, ar rangements wero quietly made for tho cbango of route. Although the new route will require a tunnel through a hill near Bluffs, It is much shorter than the first one proposed and will be without steep grades. It also provides easier entrance to tlte city than tho former route. Pacific Railway Changes Name. OLYMPIA. Wash.. Jan. 10. (Special.) The Pacific Railway. Company of Seattle, heretofore announced as tho Pacific Coast extension of tho St. Paul, baa filed supplemental articles of in corporation changing its name to "Chi cago, Milwaukee & St. Paul Railway Company of Washington." PEUGHTFPIi NKWJLORT. geleadia Weather ml ThU rejmkr radi Cet Seert. rsllhtfsl la every particular to tat weather at Xewport. and the Seutaara Pacts c and U.e Corvallls & Eastera rail read b&ve resumed their cheap rates ta tato place for the Wiater. Particulars fcy ajkiar at Talri &&d Wufclsft sirtttt. JUL FIR GUMBERT Wayward Boy Who Robbed Mother Gets Six Months. HE' REFUSES TO REFORM Crime Committed Immediately After His Release on Embezzlement Charge Case Against Tom Russell Is Dropped. Hiram Gumbcrt. at the age of 17, is so thoroughly criminal that Municipal Judge Cameron declared him to bo the worst culprit of his years ever coming before his court. At the special sequcst of the boy's father, the Judge sentenced him to six months In the County Jail for steal ing J15 from his own mother. , Last week the young fellow was before Judge Cameron, charged with embezzle ment from a local firm, and admitted his guilt. The father said at that time that his son was absolutely unmanageable, but when It was suggested that It would be a good idea to send him on a sea voyage, the elder Gumbert seemed unwilling to permit this to be done,, and bogged that one more chance be given the wayward youth. He said he would be willing to have the boy return home, and this was arranged for, a promise being exacted from the prisoner that he would keep out of trouble. On the afternoon of his release young rfiyM fflFjjHF aroma but mild, a satisfaction perfect and Gumbert wenf to his parent's home, stole $15 belonging to his mother, and fled. He was not found by his relatives, who searched high and low for him. but was picked up on the street by the police Tuesday afternoon. He was held for cxamlnatln by Judge Cameron and w-as brought before the court yesterday morn ing. "When you stood here before you were released because your father wished it. and you promised to lead a better life," said Judge Cameron to Gumbert. Gum bcrt made no reply. "After I 'gave you a chance to reform and warned you what you must do to avoid trouble, you went directly home and stole- $15 from your mother," con tinued Judge Cameron. "Your father now admits he cannot do anything with you, and he has asked that you be sent to the County Jail. Have you any rea son to offer why you should not be im prisoned?" "Xo," replied Gumbert. "The sentence of the court is that you be imprisoned in the County Jail, for six months," said Judge Cameron. As predicted last week, the charge of highway robbery against Thomas Rus sell. Jr., 'had to be dismissed yesterday because of the failure of Thomas C. Aylcs worth to appear and prosecute. Tho lat ter caused the arrest of Russell, alleging that ho was sandbagged and robbed by the young man. Aylcsworth went to California on a business trip, and said he would return to appear against Russell, but he failed to keep his promise and could not be found by the police. It Is supposed the case was adjusted satisfac torily to Aylcsworth. Charged with burglary, John Williams, colored, was held to the grand Jury. He is accused of entering the home of E. A. Atwood, 433 Morrison street, when a burglar was found hiding under the bed occupied by Mr. and Mrs. Atwood. When discovered, the Intruder fled, and on a description furnished the police. Willla'ms was picked up and charged with burglary. He denies bis guilt. He is an ex-convict. I. C. Wilcox, a man with insufficient energy to stand without the support of a table, admitted his guilt when arraigned on a charge of embezzlement of t$S.io from his sister-in-law. Mrs. Laura Wilcox- As -Judge Cameron had no juris diction to pass sentence, the defendant was held to the grand Jury- For lashing W. H. Carson across the face with a whip on the east end of the Steel bridge. John Repp, a buttermilk ped dler, was fined $10. MCKIBBIN HATS f One reason why so many men are buying McKibbin hats this yearis that they have found'out that many other men axe brushing up their eld McKibbins and making them do again. Qualities last even if styles be changed. aa New style McKibbins comprise every late effect - - - CpO.UU i-ks out ine do acatex m your lowBaaawcnsiicouiiDe neaisuiai WW give to the smoker. An ideal blend of the choicest characteristics of pure, natural Turkish leak Cigarettes that use its equal cost twice as much. 10 FOR 10 CENTS Everywhere THE FLAG GK1S Exquisite reproductions of large sire (6x9 inches) V&fourtsejt olarst of the famous paintings ; series of 25 beaatiful women la characteristic national costume. Effective decoration for den, club nxwa or cafe. The whole series sent postpaid for 25c S. ANARGYROS, 1U Fifta Ave., New Yqslc Every person who has entered the es tablishment of Thomas I. Richards. Park and Alder streets, within the past two months, is apt to be subpenaed to appear in the Municipal Court to give testimony in the three cases now pending against Richards. Deputy City Attorney Fitzgerald, who has charge of the cases for the prosecu tion, yesterday issued orders to Acting Detectives Kay and Jones to call upon Clerk of the Municipal Court Frank Hen nessey for subpenas for every man, wom an and child known by them to have been In Richards' establishment. This means that, unless Richards should come Into court and plead guilty, "men and women high In the social, profession al and business life of the city and sur rounding country will be compelled to come into the open and tell secrets, 16 they know any. Acting Detectives Kay and Jones watched the establishment of Richards for many weeks, securing evidence for just such an emergency as now exists, and while they refuse point blank to give the names of persons numbering at least 100. who may be subpenaed In thq cases. It Is said by them that the dls-. closuro of the list they carry In their pockets would create a tremendous' sen sation. Regula; patrons of Richards establish ment, as they entered and emerged from the place, little dreamed that Kay and Jones wero lurking in the shadows, keep ing tab on proceedings, but such was the case. The result is. the officers have a long list of names to use. Kay and Jones havo been on the police force so long that they know practically all of the prominent business and profes. sional men In Portland, and they also know numerous society women by sight. In this manner they have been able to make out their lists without taking tho trouble to step up to any of the persons interested and ask any questions. This morning was the date originally set for the hearings in the Richards cases, but counsel for the defense will be absent from the city, and It is probable another date will be set. There was. some talk to the effect that a plea of guilty might be entered, but this Is doubtful. If the cases are set, it is likely Clerk Hen nessey will begin Issuing subpenas from tho lists of Kay and Jones today, so that all tho witnesses may be brought into court without delay. Case Dismissed. ' Deputy District Attorney Haney ap peared and moved for the dismissal of the charges against J. W. Gardner and W. H. McCrossen, and Judge Cameron granted the order. The defendants wore charged with fraud. The complaining witness against them was M. C. Lars en. who claimed they beat him out of $125 on a timber land deal. Mr. Haney. when asked regarding the dismissals said that he had been unable to secure evidence sufficient to warrant further action.