Morning Oregonian. (Portland, Or.) 1861-1937, January 11, 1906, Page 11, Image 11

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One Hundred Witnesses Will
Be Called in Richards' Case.
Both Railroad Armies Enjoined
From Fighting at Maeg
ly's Junction.
Detectives Kay and Jones Have Been
Watching the Establishment for
Many Weeks, Gather
ing Evidence.
. . - j - w ; , v . if .U
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
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.
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.
What thePrej Agents Say.
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
"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.
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
"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.
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
Rumor He Is Backing Chicago
& Northwestern Disbelieved.
Local Railroad Men Fall to Sec Why
He Should Go Over Cas
cade Mountains to
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
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
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
For all thess reasons, therefore, no
railroad a man on the ground can see
why . It "would benefit the Harriawm
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.
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.
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."
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.
Wayward Boy Who Robbed
Mother Gets Six Months.
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- $15 from your mother," con
tinued Judge Cameron. "Your father
now admits he cannot do anything with
you, and he has asked that you be sent
to the County Jail. Have you any rea
son to offer why you should not be im
prisoned?" "Xo," replied Gumbert.
"The sentence of the court is that you
be imprisoned in the County Jail, for six
months," said Judge Cameron.
As predicted last week, the charge of
highway robbery against Thomas Rus
sell. Jr., 'had to be dismissed yesterday
because of the failure of Thomas C. Aylcs
worth to appear and prosecute. Tho lat
ter caused the arrest of Russell, alleging
that ho was sandbagged and robbed by
the young man. Aylcsworth went to
California on a business trip, and said he
would return to appear against Russell,
but he failed to keep his promise and
could not be found by the police. It Is
supposed the case was adjusted satisfac
torily to Aylcsworth.
Charged with burglary, John Williams,
colored, was held to the grand Jury. He
is accused of entering the home of E. A.
Atwood, 433 Morrison street, when a
burglar was found hiding under the bed
occupied by Mr. and Mrs. Atwood. When
discovered, the Intruder fled, and on a
description furnished the police. Willla'ms
was picked up and charged with burglary.
He denies bis guilt. He is an ex-convict.
I. C. Wilcox, a man with insufficient
energy to stand without the support of a
table, admitted his guilt when arraigned
on a charge of embezzlement of t$
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.
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
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.
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
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.