TiUS MOKMIa OKZMVJSIJLN, WEDNESDAY, PEBRXJAKY 28, liHHJ.
11
DECIDES FOR
THE 0. R. & N.
Maegly : junction Suit Goes
; Against the Portland &
Seattle Road.
FINDING OF luDGE FRAZER
Injunction Kept in Iorcc So Far, as
It Applies, to Interference With
Harriman nights by Hie
Hill Forces.
The O. R. & 2i. Co. won the right-of-way
suit for the ground at Maegly Junc
tion, on the Peninsula, which has been
pending In the State Circuit Court since
December 23 last. Judge Frazer yester
day held that the O. R.& N. Co. had the
O. X. X. "WINS ttf C&URT.
It appearing that It in the manifest
intention of the O, R. fc X. Co. to build
its railroad alone the 4opted lice of
route, the Portland &. Seattle Hallway
Company ehould not be permitted to
maVe any deal of tbl property which
would deorlve the O. R. & X. Co. of
tbe rcht to condemn or otherwiw"
acquire a right of way across the
projtertr and- build Its road upon the
lines adopted. Xor nhould the Port 1 an i
& Seattle Company be permitted either
to undo the work which the O. It. &
X. Co. has already doner on the tract
of land, or to build another railroad
across the land which would interfere
with the butldlnc of the O. R. & X.
Co'a .road until the O. JL fc X. Co.
baa bad a reasonable opportunity to
acquire such richt of way, either by
condemnation or purchase. Hence the
injunction issued by this court
iri the cae of the O. R. & X. Co. va.
Portland & Seattle Railway Company
should be dlnsolved Insofar an it re
strains tbe Portland &. Seattle Com
pany from occupying and using the
land for ordinary purposes, but should
be continued In force Insofar n It
restrains the Portland & Seattle Com.
pany from undoing the work done by
the O. R. i: X. Co. or from building
any other railroad which would inter
fere with the building of the road ot
the O. R. & X. Co., for isuch a time
a5 would reasonably be sufficient to
enable 'the O. R. & X. Co. to acquire
right of way. Judge F rarer" Decision.
COUNSEL ARE IU
B. S. Pague and John F. Watts
Wrangle.
COURT'S IDEA OF MODESTY
tludsc Cameron Says That Any AVo
man Who Eaters a Saloon Is
Lacking in That Quality,
and Fines Defendant.
"What Is your telephone number?
asked B. S. Paguc, counsel for Arthur P.
Brown, manager for the Orcgoa Detective
Service Company, yesterday morning,
when he began the cross-examination of
Mrs. Mary I-aughlln. the woman who
caused the arrest of Operative John Gus
tafson. of the "shadow" office
"I object. Mr. Pague," shouted John F.
"Watts, private prosecutor, upon who."$e
advice Mrs. Laughlln had Gustafwn ar
rested. "If the court please." hotly replied Mr.
Camera and Mr. Braa sat a ad took
notice.
"We don't usually go quite so far In
such case." saM Judge Cameron. "The
letter usually suffice."
"I demand that Ok chemist come Into
court- and "swear to this," said the attor
ney. Therefore the case was continued until
this morning.
They quarreled, fought and were ar
rested, but when they met face to face
before Judge Cameron, Albert Warner
and Walter M. Flaurie. young men. decid
ed to throw aside their bitterness, shook
hands and vowed they would henceforth
be- good friends. In the circumstances.
Judge Cameron acquitted both, warning
them never again to commit a breach of
the peace.
James Smith, proprietor of th Doctor
saloon, 289 Stark street, was found guilty
of. allowing disorderly women to enter
his establishment, but as It was his first
offense, and he promised to obey the law
to the strict letter In future. Judge Cam
eron suspended sentence. Smith must also
arrange certain features of his place to
the satisfaction of Acting- Detective Kay,
the arresting officer, who said that por
tions of the saloon were not In keeping
with the regulations.
Charles Sleigh, or Schlay. arrested by
Headquarters Detective Kerrigan, and
Vancouver, Wash.,' officers, on a charge
of burglary, was arraigned on that count
and at first said he wanted a preliminary
hearing. Detective Day, who had noth
ing to do with the case at all, whispered
to the prisoner, and then Sleigh said ha
would waive a hearing, and was held to
the grand jury.
In less than ten minutes Sleigh was re-
T
r
si. :
VIEW SHOWING FROGRES3 OF WORK OX THE LAZARUS BUILDING AT FOURTEENTH AXD WASHINGTON.
right to acquire the crossing, which com
prises a strip of ground 100x300 feet by
.condemnation or purchase, and that the
Hill forces must not interfere with the
Harriman people In establishing a grade
unsatisfactory to the latter, or interfer
ing with any. work already done by the
O. R. & X. Co.
The Portland & Seattle Company pur
chased a right of way from A. H. Maeg
ly, receiving s deed on December 23. The
Q. R. & X. Co.'s line runs in an opposite
direction, and crosses the line of the
Portland & Seattle Company. The O. R.
fz X. Co. had previously mapped out its
right of way 4tnd established Its surveys
and grade?.
Cause of Litigation.
The O. R. & X. Co. also sued Mr.
Maegly and the College Endowment As
sociation, of which he Is the principal
owner, on December 22. the day before
the Portland & Seattle Company obtained
the deed,' to condemn the disputed cross
ing and other adjacent ground.
One considerable source of controversy
concerns the grade. The Portland & Se
attle Company wants a high grade to
connect to high points, and the O. R. &
X Co. wants a grade on the lovel, or
the opposing company to make Its grade
of sufficient elevation to permit the O. R.
& X. Co. to run underneath, and not have
to .maintain a crossing. In truth and
Iri fact, the O. R. & X. Co. would like to
prevent- the Portland & Seattle Company
from crossing the Peninsula at all, and
require -it to cross the steel bridge and
use. the 'tracks of the O. R. & X. Co. on
the Peninsula from Alblna to Columbia
Slough.
The case will probably be appealed to
the Supreme Court.
Judge Frazer held that, while the O.
R. &- X. Co. has- not yet acquired right
of way over the disputed territory, and
thatthc Portland & Seattle Company was
the owner or 'thc land, the O. R. & X.
Co. could secure possession by legal pro
ceedings. i"Vht', Judge Frarcr Says.
Discussing increase. Judge Frazer said
in ,part: - " r
It .Jb the opinion ot this court that the
Portland & Seattle Company ig the owner of
of thf 300-foot ftrlp of land purchased by
it from the CoHcrc Endowment Association,
and was such owner within, the meaning of
the statute relating to condemnation of
property for right of way. before the con
demnation proceedings of the 6. R. & X.
against the College Endowment Association
was begun, and that since the Portland &
Seattle Company was not made . party to
uch condemnation -proceeding It is not af
fected by the Judgment rendered therein.
Arid the O. R. & X.. not having acquired any
right either by purchase .or condemnation
to enter upon or construct its railroad
across this 300-foot utrip of land should not
now be permitted further to enter upon,
occupy or work on the construction of Its
road thereon until it has, cither by pur
chase or condemnation, aecured a right of
way across said land: and that, hence, the
temporary injunction hereinbefore Issued la
the case of the Portland & Seattle Company
vs. the O. R. & X. should be continued In
force until such time aa the O. R. & X.
shall have acquired by purchase or condem
nation a right of way across such land, antf
unless tbe O. It. & X. shall have used dili
gent efforts to acquire and shall have ac
quired such right of way within a reasonable
time hereafter, such injunction should be
made perpetual.
But the court is further of the opinion
that the' O. R. & 3f. has by reason of prior
location and adoption of its line of road ac
quired, a right to proceed with the acquisi
tion of a. right of way along sh a line of
road, 'and that the same canset.be defeated
by the aubsequeat purchase of property
.screw such, a Jlse of read by aMther rail
road company, and hence the purchase by
the Portland & Seattle Company does not
In any way deprive the O. R. & X. ot Its
right to acquire' a right of way acrors said
tract, provided that it uses reasonable dili
gence in Its efforts to acquire such right of
way.
But lnce ihe O. R. & X. has not up t
this time acquired any risht of way across
said tract, it is not entitled to enter into
possession of the same, but that the Tort
land 4t Seattle Company, at the owner of
said land. Is entitled to the full and com
plete possession of the rame until the O. R.
& X. shall have acquired such right of way.
Admits Robbing Telephone Boxes.
Gconre Hillings, a youth of 18,
pleaded guilty in the State Circuit
Court yesterday to a charge of rob
bing: telephone boxes. Billings stated
that he had never committed any
crimes before and pleaded for leni
ency. Judge Frazer was not Inclined
to Impose a penitentiary sentence and
after- a conference with Deputy Dis
trict Attorney Bert Haney agreed to
continue the matter and confer with
the Prisoners' Aid Society. The court
may decide to sentence Billings to a
year on the roclcplle, or may conclude
to release him upon parole An Inves
tigation Into his past history will be
made.
Accused or Stealing Goods.
Frank Bowen, accused of stealing
goods valued at about 51000 In a Jap
anese store at 267 Washington street,
was arraigned before Judge Frazer
yesterday, and was granted further
time to plead. Bowen Is a young man
and It is charged he gave some of the
stolen property to his 8wccthnt. Thts
jvltnesses. -whose names appear against
him on the Indictment, arc Mxp. Jen
nie S. Bowles, Irma Bowles, Joseph
Beslng and F. A. Kutagawa.
Grocers' Candidate Becomes Citizen.
D. C. Burns, the grocers' candidate
for member of the Legislature, was ad
mitted to citizenship by Judge Frazer
yesterday. Mr. Stearns, one of the
witnesses, testified to an acquaintance
of over 20 years with Mr. Burns, and
Judge Frazer, in pronouncing the order
admitting Mr. Burns to citizenship,
took occasion to remark that Mr.
Burns ought to feel ashamed that he
bad not taken out 7ln citizenship pa
pers before.
Says Husband Is Spiritualist.
In answer to the suit of her husband,
R. B. Smith, for a divorce, Itosctta
Smith alleges that; he is a spiritualist
and has insisted that she should con
sult the spirits, which worked upon her
nerves so that she could no longer en
dure the torments of the situation, and
she -was obliged to leave him for that
reason. The litigants were married at
Tillamook in 1890. 'Mrs. Smith accuses
her husband of Infidelity nnd names
Mrs. Bowers as corcspondenL.
Syndicate "Files Articles.
Articles of Incorporation of the New
Tork Financial Syndicate were filed
in the County Clerk's office yesterday
by R, L. Durham, C C Albright and
li. C Tobias: capital stock, 4160.000.
The business of the company Is to
make contracts, deal in stocks and
bonds, real estate, etc.
MUwankto Omatry CI a a.
Xa Aageles a OaVt&ad race. Ta&
get wee Orftga Cttv ears. First aa4
AMart
Pague, "I don't want that man. Watts, to
speak to me at all."
"Tut-tut. no wrangling." warned Mu
nicipal Judge Cameron. "You must not '
quarrel here." I
"I don't call Brother Paguc a man,"
snapped Mr. Watts. "He is very sarcastic
this morning, but 1 might call him a dog;
It's all In the same category."
"Don't "argue between yourselves,"
again warned Judge Cameron. "There is
no need for this talk; It must cease."
Judge Cameron sustained the objection
of Mr. Watts, but It was not long until
there tvere more "fireworks."
"When this Gustafson, of the sccond-
JUDGE CAMERON OX MODESTY.
"Any woman who enters a saloon.
It eVma to me, is immodest." raid
Municipal Judge Cameron yesterday
morning.- when deciding tbe case of
the city against John Conrad, proprie
tor of the Pullman saloon. ISO Fifth
street, charged with permitting Im
modest women in hi place. "It Mrlkea
me that when a woman enters a saloon
'be leaves her modety behind, and
therefore I will nnd tbe defendant
guilty and his line will be fS."
In hi contention regarding modesty.
Judge Cameron was upheld by Deputy
City Attorney Flugerald. Neither
Judge Cameron nor Mr. Fitzgerald wih
to be regarded aa applying tbelr views
on this question to reputable crtab-lte-hmeat
where dining-rooms are
maintained.
Attorney J. M- Lcng, for the defense,
argued strongly againet the court's
ideas. A feature of the case was that
Acting Detective Kay, now under ar
rest, gave tbe convicting evidence.
rate detective concern kept calling at
your house did it frighten you?" asked
Qlr. "Watts of Mrs. Laughlln, after the,
cross-cxaminauon.
"It did frighten me," she replied.
"What's thatr asked Mr. Pague ot the
witness. "You say it frightened you to
have a man call at your house?"
"It would frighten most any woman to
have a thing like that call on her." was
the reply. "He Is not 'a man. though."
"Well, a thing In the form of a man.
then would It frighten you very much?"
said Mr. Pague.
"It wpuld frighten any woman," replied
Mrs. Laughlln.
After several other tilts between coun
sel, and warnings from Judge. Cameron,
the case was completed and the defend
ant discharged.
Mrs. Laughlln lives at -25Sli Second
street, and charged Gustafson, of the
Oregon Detective Service Company, with
"shadowing" her for a whole week, but
he denied so doing, and called Jbther
"shadows" to disprove ber contention.
Gustafson said be knew her. as he had
been called to the house where she lives
for the purpose of watching another
woman, with whom a prominent man is
infatuated.
Mrs. Laughlln is quite pretty.- dresses
styllirtly and while on the stand seemed
very Indignant over the alleged acts of
"Shadow"' Gustafson.
Wo Hop, charged with having opium in
his possession, will not be convicted. If
Attorney lancovicci, specially named by
Judge Cameron to represent him, can
prevent It. A chemical analysis was
made, by direction of Deputy District At
torney Brand, and the chemist sent In a
letter declaring the contents of the pack
age found on the Chinese to be opium.
"I object to this letter and demand that
the chemfcH come into court If he wlshs
te teetify," mJ4 Iaoviccl, and Jutge'
turned by Detective Kerrigan, and was
arraigned on a charge of larceny In a
dwelling. He asked for counsel, and said
he would determine later as to whether
he would demand a preliminary heating.
in aauitton to articles at first found In
Sleigh's possession, he Is now said to
have robbed the residence of Rev. Clar
ence True Wilson.
F. A. Crary. charged with larceny, was
held to the grand Jury. - A woman who
Is said to have operated with him fled to
California.
BURIAL OF JONES' BONES
Xaval Hero Will Be Interred at An
napolis With Ceremony.
AXXAPOL3S. MJ.. Feb. 27. -Secretary
of the Xavy Bonaparte. General
Horace Porter, Governor "Warfleld of
Maryland and Admiral Sands were In
conference yesterday relative to the
Interment of the remains of Admiral
John Paul Jones April 24, the anniver
sary of his victors over the British
frigate Drake. The body of the great
sea-fighter will on that date be re
moved from the temporary vault. In
which It was placed upon Its return to
this cDimtry, to the handsome memo
rial ball in the new midshipmen's
quarters, and not. aa had been expect
ed, to the crypt of the new chapel, as
that will not be ready in time for the
ceremony.
While all the details have not been
arranged, the ceremonies of April 24,
which will be held in the armory of
the naval academy, will be presided
over by Secretary ot the Xavy Bona
parte, and addresses will be made by
President Boosevclt, General Porter,
Governor "Warfleld and the French Am
bassador. M. Jusserand. It was de
cided to make the display a purely
naval one except that various patri
otic societies throughout the country
will be Invited to attend and partici
pate. Van TJcLashmatt on Statement.
rORTLAXD, Feb. 27. (To the IMItor.)
There sems to be much misunderstanding
among the people, and even with the pres.
a to 'the nomination of United States Sen
ator under the primary law. The one moat
dwelt upon Is as to what the Republican
legUlath'c candidate would or would not do
In rase the Democratic nominee (If there
f&ould be only one) should chance to get a
plurality over the highest of several Repub
lican nominee,. Section 30 of the primary
!aw explicitly dlsrotea of this doubt by pro
viding that the Republican nominee, for Uni
ted States Senator, who ahall receive the
highest vote in April, shall receive hit cer
tificate as the nominee of his party Joat the
same as its Governor. Secretary of Stat and
member of CoagreM. Hence hit name aloee
can appear upon the ballots in June aa the
nominee of that party.
looking at it from a Republican standpoint,
there 1s only a bare peib!nty that the Re
publican nominee In June would fall to got
a plurality vote over all la the state, and this
could only occur aa the result ot some sud
den public upheaval emanating from exasper
ating caases not publicly known in April.
This fear 1 so remote that It to not worthy
of serious coaslderatioa so far an the com
ing election Is concerned. As to future elec
tion, we will do well to cross these primary
bridges as we approach them. Xo doubt de
fects will develop as the result of practical
appllcatloB. calling for future amendments and
Statement One caay not be one of them.
Rut the Republican who balks at It now la
entirely 't& preriotw" and conclusively shows
that his oppeHtkm to Statement One is only
a blind . to CMceal hi real opposition to the
srlsaary Jaw itself which be baa not the
tMMrtlr apealr ta avw. XA ec t tntae
m
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doubters as to what he would advise and he
will tell you to qualify Statement One, thus
bringing together a disorganized legislative
delegation each with an Interpretation ot
Statement One as to bis own fancy, and thus
defeating the clear will ot the people In the
election of a United States Senator.
Xow is the time and the only chance, so
far as the coming election to concerned, that
the voters will have an opportunity to en
force their wishes emphatically and clearly
upon their agents, who will reprerent them
In the Legislature, and if they fall to avail
themselves of It. they deserve n better fate.
VAX B. D'llKSHM CTT.
Bridge Delay Criticised.
PORTIXD. Feb. 27. (To the Editor.)
la It not about time that the press and citi
zens of Portland nhould raise their voices In
condemnation ot the way the Port of Port
land Commission Is treating the proposed
bridge ot tbe Portland & Seattle Railroad
Company across the Willamette River?
First it is a junket across the continent to
examine bridges there. If any engineer knows
his buslneM he has the plans of all Impor
tant bridges available at home, without trav
eling thousands ot miles to see a completed
structure.
Second The Commission has to wait several
dayjr upon the convenience ot its chairman,
who I piloting one ot hfai employer's (Harrt
man's) ships up the river from Astoria.
Third A postponement is asked for br a
member that has recently received a very fat
price from Mr. liarrlman's agents for a piece
of swamp land In the north part of the city.
There are other members of the Commission
who are known to be Interested and friendly
to the Harriman latrets.
Meanwhile. Mr. Hill is patiently waiting to
come to our city and do business with us.
Shall we let him or not?
GREATER FORTLAXD.
Indians Dispute ILand Title.
The case of Frank Morrisctte, who has
brought ault for possession of a tract of
Government land, was argued In the Fed
eral Court and submitted to Judge AVol-
verton yesterday. The case comes under
the allotment act. the complainant being
an Indian, who disputes with another In
dian the title to some land in the Uma
tllla reservation.
The Best
Bitter
Liqueur
In The
Home
Great Crowds Sec King Hex.
XKW ORUBAXS. Feb. 27. Perfect
weather, marked the annual carnival cele
bration here today, and enormous crowds
witnessed the annual pageant of His Ma
jesty, Rex. Promiscuous masklnjr was
general.
Hobbcrs Made a Big Haul.
SAX DIBGO, "Cal, Feb. 27. The men
who robbed the postonlce yesterday
morning have not yet been arrested. The
amount taken Is now estimated at J12.C00.
. COD LIVER OIL.
It almost makes you
sick to think of it, but it
isn't nearly as bad as it
used to be. The improved
method of refining it
makes it much easier to
take, and when made into
Scott's Emulsion almost
every one can take it
Most children like it- and
all children that are not
robust are benefited by it.
When the doctor says
"Take cod liver oil," he
generally means Scott's
Emulsion ; ask him if he
doesn't. They know it, is
more easily digested and
better than the plain oil.
SCOTT & OWXX, 4f ?rl Xnat, Xrsr York.
Underberq
fstf rf INJ fifes' A hVOiD)
lhy U J Lhs U UVU Li
Bitters
Tbtte fc no need to sip thk delicious cordial
"on the sly, for everyone knows it is as good
lor the hf alth as it fc to the palate. Without
it the sideboard at club or home fc incomplete,
and life fc decrtvfd of its moit genial cordial
and tonic UNDERBERG BOONEKAMP
BITTERS takes its rank among the standard
wises and liqueurs necessary to good living.
Have it handy to refresh a tired vfsttor to give
a snap to meals.
Enjoyable as a Cocktail
and better for you
Is md aoa lotoses' br the Miscst asusorittes
6,0t,000 Bottles Imported to tbe U. S.
At Grocers, Wine Merchants. Hotels,
Cafes. Restanraats, Etc
Settled Only fey
H. UXMS&EXn ALBSECBT. Rbdsferr, Geraiar. Since 1S5
-mrnmami i inf n t ht mm i mibi iim i iiiii
TILLMAN & BENDEL, San Francisco, Pacific Slope Distributers.
Quaker Maid Rye
Awarded Three Gold Medals
he Whiskey
with a Reputation
i r
A 'Wblikey nr.narpsntd
In oailHj A bin. cUst ,
clabi sad draj itetM.
RECEIVED HIQHEST AWARD AT
St. Loots World's Fair. 1N: Paris Pare Food sad
Industrial Exhibition. IMS: Levis aad Clark
cxpcsuioB, porusBC, Oregon, 1M6
S. HIRSCH & CO. Kansas City, Mo.