THE 3IORXING OREGOXIAN. TUESDAY, JULY 17, 1906.
PLEA OF ILLNESS
WILL HOT AVAIL
SEEL
FIRE DEPARTMENT OFFICIALS SAY OIL TANKS ARE A MENACE
E
Bench Warrant Issued for M.
G. Hoge, Land-Fraud
Defendant.
Councilman Wallace Proposes
Amendments to McCusker
Ordinance.
WELL ENOUGH TO TRAVEL
WANTS TO PROTECT CITY
10
00PH0LES
FHAKGHIS
I 1
Medford Lawyer Examined by Phy
sician Employed by Government.
Trials Resumed in United
States Court.
HOGE NOT SERIOUSLY ILL.
MEDFORD, Or.. July 16, 11 P. M.
(Special.) Dr. E. B. Flckell, 01 this
place, who was ordered to make an
examination of Martin G. Hose by
the United States District Court, finds
that the latter while 111 is not ilanger
oufily so and has no Inflammation of
the kidneys. The diagnosis of Dr.
Flckell Is confirmed by an examina
tion performed by Dr. W. S. Jones,
Just completed, who says that Hose
can be taken to Portland without en
dancerln? his life. If no more com
plications arise, he will probably be
taken there tomorrow. Deputy United
States Marshals Bushee and Griffith
instigated the medical examinations of
Hose's phyeical condition, but decline
to make any statement, evidently
awaiting further instructions from
Portland.
Interest in the proceedings incident to
the land-fraud trials, which were begun
yesterday morning in the United States
District Court, attaches to the question
whether Martin G. Hoge, one of the de
fendants in the first case called for trial,
is feigning illness or not. Friends of the
accused Medford attorney declared in
court that he is suffering from the effects
of some serious ailment, which has prac
tically rendered him a physical wreck,
while Special Assistant to the Attorney
General Heney is extremely skeptical
upon the proposition and feels inclined to
regard Hoge's sickness as a malady of an
epidemical character that apparently has
suddenly afflicted a number of those who
were calling loudly for speedy trials while
he was In Washington.
"The demands of these defendants for
immediate trials," said he, "reminds me
very' forcibly of the noise made by coy
otes out on the desert. When you hear
them at night your fancy leads you to
Imagine that there are several hundred In
the band, all howling simultaneously; but
upon Investigation lr transpires that about
one or two are making all the racket."
In consequence of this feeling, Mr.
Heney has become cynical upon the sub
ject of sudden ailments of those under
Indictment, and when those with solemn
faces Informed Judge Hunt that Hogo
was so seriously 111 that he was confined
to his bed and could not with safety be
removed here for trial, the Government
Prosecutor promptly asked the court for
a bencli warrant for the defendant's ar
rest. It was granted Immediately, and
thereupon Mr. Heney requested that a
Deputy United States Marshal be sent to
Hoge's house In Medford for the purpose
of asce-talnlng the facts relative to his
condition.
It developed that United States Deputy
Marshal Glenn Bushey was In that vicin
ity serving subpenas, and upon being
brought into communication with the
main office here, was Instructed to pro
ceed to Hoge's residence upon the mission
indicated. This he did early yesterday
afternoon, reporting later that he had
found the defendant in bed. Even this
dig not satisfy the astute lawyer, and
Deputy Marshal Bushey was given fur
ther orders to procure the services of a
reliable local physician and satisfy him
self beyond a doubt that Hoge was not
shamming.
Called Up Judge Hunt by Telephone.
As soon as the case against Henry
W. Miller. Frank E. Kincart, Martin G.
Hoge nnd Charles Nlckell was called In
the Federal Court, yesterday morning,
after the Jurymen had been given a
chance to furnish excuses why they
should not serve In the various land
fraud trials. Judge Hunt remarked. In
view of Hoge's failure to respond when
Ills name was called, that last Saturday
night someone at Medford, whom he had
suposed was a Juryman wanting to be
excused upon a plea of illness, but whom
he has since become convinced was Hoge,
called him up over the long-distance tele
phone and asked him if he could be ex
cused from attending the trial on the
ground of serious illness.
"I was unable to understand his name,"
said Judge Hunt, "but it sounded like
Hoge. although I assumed, of course, that
Jie was a Juryman wishing to be excused,
and answered that If he was sick In bed
he would not be expected to attend."
"I regret that he telephoned to Tour
Honor," responded Mr. Heney. "I sent
him a notice several days ago to appear
here for trial, and if he had not tele
phoned to Your Honor I should have
asked that his bail be forfeited and a
bench warrant Issued for his arrest. Had
1 known anything about it, I should have
taken steps to ascertain his physicial con
dition so as to expedite matters in con
nection with these proceedings."
In view of these circumstances Judge
Hunt issued the bench warrant, and in
the afternoon, when it became apparent
that there was some reason for believing
that Hoge was really a sick man. Mr.
Heney suggested that the matter had bet
ter go over until this morning, and If it
is found that he La really unable to be
present the Government will consent to
try the case in his absence, which will
have the effect of granting Defendant
Hoge a separate trial, in the event, of
course, that he is not trying to fool
Heney.
Defendants Nickell and Kincart were In
court yesterday morning, but Defendant
(Miller was absent, although Mr. Heney
explained that he was in town and would
probably be on hand this morning.
Many Defendants on Hand.
A large number of defendants in pend
ing cases where no pleas have been en
tered were present either In person or
represented by counsel. In response to no
tices sent out during the past week, all
eager to enter pleas and thus complete
the record to that extent. A summary of
the situation Indicates that George Sor
enson pleaded not guilty in case No. 2895;
Ora L. Parker entered a similar plea in
case No. 3006; Dan W. Tarpley the same
in case No. 2SS7; Henry Meldrum a simi
lar plea in cases Nos. 2907 and 2912; El
mer K. Brown the same in case No.
2S98. Mrs. Nellie Brown, his wife, being
allowed further time in which to plead
on account of her Illness.
Pleas In abatement were overruled in
the following cases: Indictment No. 2891.
George Sorenson: Indictment No. 2943,
Involving John Henry Miller and T. A.
Singleton, and case No. 2940, so far as
Frank W. Alley Is concerned.
Judge Hunt ordered the dismissal of In
dictments wherein these defendants were
TANKS OF STANDARD OIL COMPANY ON THE EAST SIDE.
Since the recent explosion of the oil tank, at Portsmouth there have been many expressions of opposition to the presence of the large tanks of the Standard Oil Company on the East Side, ana a definite
movement is on foot to compel their removal. An ordinance, introduced by Councilman Sharkey. Is now pending before the Council w'.iich. if passed, would force the company to change the location of Its tanks
to some place outside the city limits ar to the extreme northerly portion of the East Side.
The East Side Improvement Association has also taken up the matter and will probably take an active part in urging the passage of the Sharkey ordinance. A committee, consisting of Joseph Buchtel. C. E.
Fields and H. H Ncwhall. held a consultation with Chief Campbell and District Engineer Holden, of the Fire Department, both of whom assured them that the large tanks are a serious menace to surrounding
property. The committee has made a full Investigation of the problem and will report its findings to the association tonight.
involved: Cases Nos. 2S90 and 2S98, against
S. A. D. Puter, H. G. McKinley. Frank
H. Walgamot, Dan W. Tarpley and Em
ma L. Watson, Mr. Heney stating that
these cases were similar to the one under
which the defendants had been convicted
in the township "11-7" cases, and that
their plea of former jeopardy should
be allowed; against Walter J. Smith, in
case No. 2984, it appearing that defendant
has died since his Indictment. e other
defendants in this case live some distance
away, and Mr. Heney advised the court
that Claude Thayer. Clark E. Hadley.
Maurice Leach, Thomas Coates, John
Tuttle and G. O. Nolan could plead when
the case came to trial. C. E. Hays has
already entered a plea of not guilty In
this case, and Heney stated that he
found that an order had been entered
June 26 denying Hays a separate trial,
although he was willing to abide with
the stipulation entered into the other day
with Dan R. Murphy, attorney for the
defendant, that the latter should have
the privilege of examining witnesses
separately during the trial, and that his
counsel should also be entitled to argue
the case independently for his client.
This action was taken because of the
fact that the other defendants in the
case are antagonistic to Hays because of
his having aided in securing their indict
ment, and it was felt that he could not
get a fair trial under the circumstances.
One Case Against Potter Dismissed.
The case against Thaddeus S. Potter,
Indictment No. 2988, was likewise dis
missed, so far as he was personally con
cerned, it appearing that the same issues
were involved in the one where he was
convicted, hence his plea of former
jeopardy was allowed. A plea in abate
ment is pending in connection with Her
man K. Finch and Bert Blauvelt, the
other defendants.
In the cases against W. W. Steiwer,
H. H. Hendricks and others where A. S.
Bennett, of The Dalles, appears as at
torney, Mr. Heney consented that they
would be allowed to pleid when their
trials came up.
It was announced that Salmon B.
Ormsby, the ex-forest supervisor, who
is facing several indictments under
conspiracy charges, would not be here
until next Thursday, as he was at his
mine in the mountains, and could no;
be reached in lime for his appearaic s
any sooner. It is understood that
Ormsby will enter a plea of guilty,
and much Interest, therefore, attaches
to his presence.
Contrary to general expectation, it is
not' thought that ex-Special Agent of
the General Land Office will plead
guilty. He will enter his plea this
morning, but it is highly probable he
will adhere to his contention of In
nocence, although reports have been
In circulation lately that he had con
fessed his share of the fraudulent
transactions.
When the case of the State Senator
F. P. Mays was called, under indict
ment No. 2887, Judge W. D. Fenton
filed a plea in abatement in the case,
similar in many respects to that sub
mitted before Judge Bellinger in the
Mitchell case, except that It does not
atjtack the legality of the appointmenc
of Francis J. Heney as an assistant
United States Attorney for the District
of Oregon. It was argued briefly by
Mr. Heney for the Government and Mr.
Fenton for the defendant, and submit
ted. This morning a demurrer to the
indictment will also be presented.
The death of John W. Hamaker was
likewise officially announced, and all
Indictments pending against the de
ceased were dismissed by Judge Hunt.
Mr. Heney gave notice that the Gov
ernment desired to interpose formal
objections to the filing of pleas In
abatement for F. P. Mays by Mr. Fen
ton in cases Nos. 28S7. 2911 and 291S,
on the ground that they were pre
sented too late, and that Mays has
forfeited his right to any such plea.
Jurymen Would Be Excused.
When Judge Hunt announced that he
was ready to receive excuses from Jury
men why they should not sit as tales
men in the land-fraud cases that are to
come up. there was a rush from all parts
of the courtroom. Fully 20 of the 60 com
posing the venire took advantage of the
offer, and in addition there were 15 ab
sentees, so only about 25 were patriotic
enough to be willing to endure all the
tribulations incident to the situation
without some sort of protest.
In announcing what excuses would be
considered legitimate. Judge Hunt stated
that the qualifications involved be on
the assessment roll for this year; that he
would excuse all over 70 years of age
If they so desired; or. if their health did
not admit of their sitting five hours in
the Jury-box each day they could go. and
sickness in the family would also entitle
the applicant to a ticket of leave.
Judge Hunt was obdurate, however, in
most instances. The Jurymen went up in
front of him like lions, but came away
like lambs, and of all those present only
one Henry Evcrding had the temerity
to proclaim himself past 70 years of age.
Mr. Everding confessed to 73, but is en
dowed with such a youthful expression
that His Honor granted the dispensa
tion with a great many grains of allow
ance. The amusing features of the situation
were . the number of plausible reasons
from a business standpoint why the ap
plicant should be let off, and with very
few exceptions the man who helped to
make Porto Rican history was so logical
In his conclusions as to why this was a
time when all good citizens should come
to the rescue of his country that one old
farmer from the Willamette Valley re
ferred to him as a "reg'ler Porto Rico
Perfecto."
All told, just eight were allowed to go,
Joseph Schulmerich, W. G. Smith. F. M.
Warren, Henry Everding, Felix W. Ish
wood. John B. Glover and Leopold Mayer
being the lucky ones in this respect.
Fourteen Fail to Appear.-
Those who failed to appear and answer
as their names were .called follow: John
F. Ames, Samuel Connell. James Dart,
Elmer Dixon, Alfred F. Folkman, Charles
S. Fuchs, James Guttrldge. Mark Hurl
burt, John Klosterman, Henry A. Knud
son, Arthur G. Kyrk, Louis G. Pfunder,
John Pringle and A. Turnbull, nearly till
of whom are residents of Portland. It is
thought others were detained on account
of train service, and that practically all
will be on hand when court convenes this
morning.
Irvin Rittenhouse, who was detached
from the General Land Office at Wash
ington, D. C, under orders from the Sec
retary of the Interior, to report to Mr.
Heney as his private secretary, arrived
yesterday morning. He is considered one
of the most competent employes of the
department, and during the trials last
year rendered material aid to the Govern
ment relative to the introduction of docu
mentary evidence. He will remain here
until the finish of the trials, in all probability.
JONES GOT NO RECEIVER
Partners in Coal Syndicate Amply
Able to Pay Him.
CINCINNATI, July 15. United States
Judge Thompson today refused to appoint
a receiver for the Little Kanawha Syndi
cate's property in West Virginia. The
motion for the appointment of a receiver
was made by attorneys representing John
S. Jones, a Chicago capitalist, who sued
George J. Gould, Joseph Ramsey and
William Guy, trustees of the syndicate,
and the Little Kanawha Syndicate, alleg
ing that Ramsey and Guy had been run
ning the syndicate's affairs to suit them
selves, and did not consult him or Gould.
Judge Thompson said in his opinion the
trustees did not know of the granting of
an injunction, and added that there is
no need of appointing a receiver, as
Gould, Ramsey and Guy are each person
ally able to pay whatever the courts de
cide to be Jones' interest in the property.
Professor Takes Aberdeen Census.
ABERDEEN, Wash., July 16. (Special.)
According to the returns of Principal
Kellogg, of the High School, who has
taken a census under the direction of the
City Council, Aberdeen has a population
of 10,173, sufficient to make it a city of
the second class.
SPIRIT OF CHAUTAUQUA
Fraternalism Is the Keynote of Annual Gathering at Glad
stone Park, Writes Eva Emery Dye.
BY EVA EMERY DYE.
THE SPIRIT of Chautauqua is frater
nalism. President "Willis C. Hawley,
Congressman-elect, identified with the As
sembly at Gladstone Park since its incep
tion in 1894, Is a Methodist, and the Meth
odists have always claimed this Chautau
qua. Vice-President Charles H. Dye and
his wife. Eva Emery Dye, are Congregav
tionalists, and from the beginning, when
a three-days' meeting was held under the
firs, the Congregationalists have owned
the Willamette Valley Chautauqua, never
failing to have headquarters, never fail
ing to send hundreds of representative
mlnLsters and laymen and their families.
Secretary Harvey W. Cross is a Baptist,
and from the first little meeting for
organization, the Baptists in a body have
taken hold of this splendid movement and
contributed time, money and service. Ev
ery year the best talent of the Presby
terian Church in America has its place
on the programme, and every year scores
of white tents shelter Presbyterian at
tendants of the Willamette Valley Chau
tauqua. In fact, it would be hard to name
a church or religious or philanthropic
organization that has not steadily made
this Summer gathering in the grove its
own special season of outing and recrea
tion. Year after year Jewish singers and
orators have delighted thousands at the
great auditorium, and the beautiful and
talented Chautauqua pianist this year.
Miss Martha Frances Draper, is a Cath
olic, and the other day thousands ap
plauded the presence and the music of
"EVitViAi- rirtmintr, nf Xtniint A sal
Whatever makes for human hrother-
hood belongs to the American Chautau
qua. The G. A. R. and the Woman's
Relief Corps always have headquarters,
and this year when the gifted Martha S.
Gielow came from Alabama the Oregon
Daughters of the Confederacy gave her
a splendid reception, and accompanied her
In hundreds on the days of her addresses
at Gladstone. "I am sorry to leave,"
said Mrs. Gielow. when her engagement
was ended. "Never, anywhere." have I
met a more hospitable reception than
QUAGK IN TROUBLE
'Dr." Wing Lee Accused of
Malpractice on White Child.
STEP-DAUGHTER HIS VICTIM
Also Charged With Practicing Medi
cine Without License and Im
posing on East Side Fam
ily To Be Arrested.
Trouble is camping on the trail of "Dr."
Wing Lee, a Chinese who has offices at
the corner of Fifth and Burnside streets
and hangs out a shingle proclaiming him
self to be a physician and surgeon, al
though It is claimed that he has no li
cense to practice medicine in this state.
Twice yesterday the attention of the au
thorities was called to the "doctor," once
when a warrant for his arrest on a charge
of falsely representing himself to be a
licensed practitioner was issued, and later
In the day when the police were called
upon to investigate a case of malpractice
of which the Celestial's white step-daughter
is the victim.
Wing Lee makes his home in the build
ing where he has his office and Is married
to a white woman. The daughter of the
woman by a former marriage, a child
8 years of age, makes her home with
them. While at play Saturday night the
little girl fell and broke her thigh just
below the hip joint. Instead of calling
in a competent physician, the police are
informed Lee undertook to treat the
case himself, despite the fact that he is
wholly Ignorant of modern surgery.
His efforts to treat the injury were
confined to merely bandaging the broken
limb without attempting to set it. The
result is that the child was last night
suffering intense agony and was being
kept under the influence of morphine by
her Chinese step-father. Neighbors re
ported these facts to the police, who will
request an investigation this morning.
A complaint was tiled against the Mon
golian yesterday morning in Justice
Reid's court charging him with practicing
without due authority. The facts that led
up to his arrest detail the ruining of a
young woman's health. She was threat
ened with consumption, consulted the Chi-
among the delightful women of Oregon."
The same may be said of Miss Belle
Kearney. The W. C. T. U. women have
received her with open houses, her ap
pearance was followed by a reception, and
the general voice greets this daughter of
a slaveholder who once owned nearly a
whole county in Mississippi, as almost if
not altogether the peer of Frances Wil
lard. Never in all its history has a policeman
been needed on the Chautauqua grounds.
A thousand people sleep with open tents
at night, secure and unmolested. All is
silence, and the day Is filled with music
and here and there the voices of instruc
tors and the tinkle-of pianos. Little tots
are playing at the kindergarten, boys and
girls are swinging clubs at the athletic
platform, or away In classes learning to
swim in the cool Clackamas. Artists with
paint or crayon are sketching the grand
old oaks or piles of mossy rock. Young
women are stirring up batters at the do
mestic science tent, or at another hour
are singing in time to the baton of Mr.
Nash. Old pioneers are ruminating at
Mr. Hlmes' historical headquarters, and
college boys and girls are holding reunions
and picnics all over the grounds. The
Portland Woman's Club, the Oregon Con
gress of Mothers, the Young Woman's
Christian Association, and the Equal Suf
frage Association, each and all have their
special days and crowds, filling to the
brim this ideal outing of the year.
This week promises to become historic.
In attendance and Interest. Dr. Ernest
E. Baker, of the First Presbyterian
Church of Oakland. Cal.. holds the plat
form Sunday, Tuesday and Wednesday.
Dr. Charles Edward Locke, pastor of the
Hanson Place M. E. Church. Brooklyn,
speaks Friday, Saturday and Sunday. On
Thursday Dr. James S. Kirtley. of the
First Baptist Church, Elgin. 111., gives
two addresses, and Captain Jack Craw
ford, the poet-scout of New Mexico, vies
with concerts and a Saturday balloon as
cension as features of special attraction.
Something for all is at Chautauqua liter
ature, elocution, Bible study. United
States history, taught by a Congressman,
baseball, whatever is innocent and in
structive belongs to Chautauqua.
nese quack, and was told that she had
some indescribable malady.
"It is not the medicines these Quacks
give that does the harm, but the chance
they afford for disease to develop," said
Dr. Byron E. Miller, secretary of the
Board, yesterday. "In this case the Chi
nese doctor's herbs and medicines, what
ever they were, possibly did the woman
no harm. But while she was looking to
them to check her ailment her case de
veloped until now she is past being
cured."
Vera Stock, step-daughter of Charles
Stock, of Sellwood, is the victim of the
Chinese doctor. Several months ago she
developed symptoms of tuberculosis. Dr.
Miller says. The family, being attracted
by one of Lee's cards, called him to at
tend the patient. He pretended to diag
nose the case, it is alleged, and then put
the patient to bed In a close room. He
also restricted her diet, allowing her bare
ly enough food to keep her alive. This
method, diametrically opposed to the ac
cepted treatment of tuberculosis, favored
the development of the disea.se, until at
last the young woman became firmly in
the grasp of consumption. The Chinese
quack received from the family, the fath
er says, over $300 in cash.
BREAKS SPRINTING RECORD
Officer Peterson Takes Dave Honey
man to Jail, but Judge Cameron
Does Some Figuring and Lets the
Offender Go.
WAS Dave Honeyman, who owns an
automobile and operates it, a bet
ter judge of speed than Patrolman Ben
Peterson, who had his first auto ride Sun
day night? And did the policeman lower
the world's sprinting record for a 100-yard
dash by at least a second and a quarter?
It was upon the profound intricacies of
these two problems that Municipal Judge
Cameron had to pass yesterday morning
before deciding whether or riot Mr. Hon
eyman had shattered a couple' of city
ordinances.
Automobilist and policeman gave highly
different accounts of the incident when
placed on the witness stand. Honeyman
declared, in answer to charges of exceed
ing the speed limit and operating his
machine without a light, that he was not
going even in the vicinity of the speed
limit when overhauled by Officer Peter
son. He claimed that his lights had gone
out by accident, and that he was headed
for a repair hospital when gathered in;
that, furthermore, it was only a short
while after 8 o'clock, and consequently
not yet dark.
Officer Peterson's version was a thrill
ing affair, rivaling In details a genuine
Datto Ali abduction. He saw the Honey
man automobile buzzing along at the rate
of 18 miles an hour, thereby menacing
life and limb. He also noted there were
no lights, and then went in pursuit of the
fleeting apparition. It was a hard race,
but he got up steam and overtook his
quarry.
"About how far did it take you to catch
the auto?" queried Judge Cameron.
"About 100 yards," said the officer.
Judge Cameron did a little figuring. Pe
terson said the automobile was going 18
miles an hour. He overtook it after a
100-yard sprint. It dawned on His Honor
that the greatest sprinter the world has
ever known was before him.
"You have broken the world's record,"
he told the policeman.
Officer Peterson, however, had not yet
told the worst part of the story. He said
he put Honeyman under arrest, got reluc
tantly into the machine and ordered the
driver to the police station. To the offi
cer's consternation, the sfcenery began
whirling past like a defective biograph
picture and his breath was taken by the
rush of wind.
"I told him he was going too fast and
that he must go slower," said the officer.
"He only went faster, though." .
"He wasn't used to it we were travel
ing about three miles an hour," asserted
the defendant.
Judge Cameron couldn't see that any
case had been made oufagalnst Honey
man. and he ordered the defendant's bail
money, amounting to $50, returned to him.
RETAIL GROCERS' PICNIC
Stores to Be Closed Tomorrow While
Owners and Clerks Have Outing.
The Retail Grocers' Association met last
night and arrahged the necessary prelim
inaries lor the grocers' picnic, which is
to be held at Bonneville tomorrow. It
was announced that practically every gro
cery store in town will close tonight and
not reopen until Thursday morning.
Probably two trains will be run. There
will be pienty of cars and seats for all.
A five-minute stop will be made at Mult
nomah Falls. Ice-cream and other hot
weather refreshments will be served, but
no liquor will be sold. Free dancing will
be provided all day.
Sunken Russian Cruiser Floated.
TOKIO. July 16. The Russian cruiser
Novik. which, after breaking out of the
harbor of Port Arthur in July, 1904, sought
to reach Vladivostok and was so badly
damaged by two Japanese cruisers on
August 21. 1904, that she sank off Cape
Enduma, Sakhalin, has been floated.
SHOUP BUT OF THE RAGE
ALASKA REPUBLICAN'S NOMI
NATE MURANE FOR DELEGATE.
Several Former Residents of Port
land Are on the New Terri
torial Committee.
SEATTLE, July 16. A special to the
Post-Intelligencer from Juneau says:
James M. Shoup today withdrew from
the race for the nomination by the Re
publican party as delegate to represent
Alaska in Congress and C. D. Murane
was unanimously nominated for both
terms. Shoup thanked his supporters
early this morning and issued the state
ment that he was out of the running.
A caucus quickly decided upon Murane
It had been. known that Murane had
an unanimous vote Saturday night in the
credential committee against Ryan. Ryan
appealed to the committee Sunday to
furnish additional proof and the commit
tee met again Sunday evening. They did
not waver from their first action.
Burrell, of Nome, named Murane In
the convention. Shackleford, of Juneau,
seconded the nomination. After a wait
the secretary was instructed to cast the
ballot. The new territorial committee
was named as follows:
George Irving, chairman: M. J. O'Con
nor, T. A. Marquam, M. R. Lyons, P. Mc
cormick, S. Blum, John McGuinn. F. B.
Youngs, J. W. Youngs, A. S. Kepner, N.
H. Castle, Lars Gunderson and H. J.
Lowman. This makes four from each
judicial district.
Chairman Spickett, of the old territorial
committee, who had been refused a seat
on a telegraphic proxy from Rampart,
appeared on the floor to protest against
the selection of a new committee. He
had no supporters and was hushed up.
Richard Ryan walked out of the con
vention when he heard the report of the
credential committee. He is very sore
and will issue a statement later. Youngs,
of Seward, says he will support Murane.
The Democrats secured temporary or
ganization this afternoon. Robert Jen
nings Is chairman and Charles Davidson
secretary. They adjourned until this
evening and it looks like Swinford for
the short term and Judge Mellen for the
long term. The aspect has changed since
Shoup is not a candidate.
RUDOLPH TIRED OF LIFE
North End Character Threatens to
Jump Into River.
Adolph Rudolph has been before the
police many times for drunkenness of
various degrees. Irately "Bill" St.
Clair, negro proprietor of a resort in
the North End, kicked and beat Ru
dolph severely. Now Rudolph wants
to jump into the river. Last night he
went down by the Custom-House to
announce the manner in which he in
tended to shuffle off this mortal coil.
He shortly afterwards took a ride in
the patrol wagon and is now res:;ng
easily in the city bastile.
The question is. Was Rudolph drunlc
again, and, if so, how drunk, or is he
insane? The police officers incline to
the theory that Adolph is a qualified
candidate for the asylum.
PERSONALMENTION.
Ira A. McCormack, general superintend
ent of the electrical division of the New
York Central lines, reached Portland yes
terday over the Northern Pacific. He is
traveling in his private car and is making
a pleasure tour of the Coast.
Hon. Ralph Feeney, who represented the
Oregon Jurisdiction of the A. O. U. W. at
Montreal, returned to this city yesterday.
He visited Boston, Pittsburg, Washington
and other large cities in the Bast. "There
were many prostrations from the heat,"
said Mr. Feeney, "and I am glad to get
back home, for after all there is no place
like Oregon."
NEW YORK, July 16. (Special.) North
western people registered today as fol
lows: From Portland J. T. Batchelor, at the
Astoria: P. Strain, at the Hoffman: Miss
E. Hummel, at the Navarre: Miss L. Be
man, at the Prince George; L D. Cole, at
the Netherland.
From Seattle W. W. Heawick, at the
Grand.
From Tacoma L. V. Stevens, at the
Park Avenue.
From Spokane L. Miley. at the Algon
quin; N. Wiel, at the Hoffman; Dr. E.
Bunton, at the Imperial.
CHICAGO. July 16. (Special.) Oregonl
ans registered today as follows:
From Portland F. H. Hocken, R. B.
Millerm and M. M. Mallory. at the Audi
torium; E. Q. Amesbury, at the Majestic;
J. A. Barrett and wife and A. D. Haw
kins, at the Great Northern; J. B. Phil
lips, at the Palmer.
The coach in which the Lord Mayor of
London rides on state occasions has been
in use since 1757.
Councilnien Are Doubtful Whether
He Will Ever Build Plant, and
Suspect Scheme of Port
land Gas Company.
Councilman Wallace will introduce at
the next meeting of the Council amend
ments to the ordinance granting a gas
franchise to Thomas McCusker. which,
if passed, will make important changes
In the provisions of that document. The
amendments will contain a clause pro-
""'"e uenniiery tnc fortelture or the
bond in case a plant Is not constructed
and operated under the franchise, will
shorten the time given Mr. McCusker to .
install his plant, and will make other
effective changes.
The McCusker franchise has gone to
its official publication and will come
up for final passage at the second meet
ing of the Council in case it is not
amended tomorrow night. If any
changes are made, however, it will have
to be repuolished, and final action
upon It postponed. This, It is believed,
will be done, as considerable opposi
tion to it in its present form has been
aroused among the Councilmen.
Councilnien Are Suspicious.
Ever since the McCusker ordinance
has been under consideration, there
have been expressions of dissatisfaction
wiln some of Its terms among the
Councilmen. It is openly hinted by
some that Mr. McCusker in making his
application is in league with the Port
land Gas Company, and that the fran
chise is wanted simply as a means of
discouraging other companies from en
tering the local field. As It provides
a maximum charge of 65 cents per 100J
feet for gas, it is thought that this
would be the effect. Members of the
Council charge that Mr. McCusker has
not the slightest Intention of installing
a plant, and hold that under the ordi
nance as drawn up at present the $50,
000 bond provided for would not be for
feited if gas were not sold for 65 cents,
and that no stipulation provides that a
gas plant be completed during the en
tire 25 years which the franchise is to
be in force.
Councilmen Wallace, Wills, Annand
5n Gray held an informal consultation
upon the McCusker franchise yesterday
at the City Hall, and expressed them
selves as in favor of the amendments
which have beer, prepared by Mr. Wal
lace. Among the provisions which it
is proposed to change is that requiring
that $250,000 be spent by Mr. Mc
Cusker. "I believe that three years is too long
a time for this expenditure, and propose
to Introduce an amendment that it be
changed to two years." said Mr. Wal
lace. "This amount is to cover the money
paid out during this time on mains and
pipes. I believe under the ordinance Mr.
McCusker could take the entire 25 years
to construct his plant and hat the city
could in no event collect his bond. I
think that a definite forfeiture clause
should be included. It appears very pe
culiar to me that the estimated cost of
the plant Is $1,500,000, and yet the fran
chise in no place binds Mr. McCusker to
spend anything outside of t,he 0.000 for
mains."
"Well, so far as that Is concerned." re
joined Mr. Wills, "there is no reason to
believe that Mr. McCusker ever intends to
install a gas plant, and there Is certain
ly nothing in the franchise to make ,.im
do so. All he would have -o do is 'O
spend $250,000."
"Scheme of Gas Company?"
"It appears to me very likely that hc
whole thing may be a scheme oi the
Portland Gas Company." said Mr. 'Jray.
"If Mr. McCusker Is In leagje with the
company, he could well affjrdl :o lay
down $250,000 worth of mains. Then he
could sell the mains to the company lo
replace some of the old ones, and all the
time he would hold the 66-cent francclse
which would deter other companies Item
entering the field."
The same Intimation has been made sev
eral times before in Council committee
meetings and by members of that body
Individually. They are open in saying
that they do not think Mr. McCusker in
tends to build a plant or sell gas, and
they do not think that the franchise
would be of much value for speculation
with a maximum price of 65 cents per
1000 stipulated, but they do see how it
would be of assistance to the present
company bv driving other Investors
away and allowing the Portland Gas
Company to retain a monopoly of the
field with its free franchise. It Is mainly
to avoid this contingency that the Coun
cil now proposes to amend the franchise
so that there will remain no doubt about
the forfeiture of the bond In case Mr.
McCusker fails to install a plant.
Another clause of the McCusker fran
chise which Mr. Wallace proposes to have
amended Is that providing the manner in
which the city may purchase the plant If
it should desire to do so. The ordinance
stipulates that the value of the plant shall
be determined by three arbiters, one to
be appointed by Mr. McCusker, his suc
cessors or assigns, one by the city, and
the two to choose a third. There is no
way, however, to meet the contingency
which would arise if Mr. McCusker should
decline to appoint an arbiter. All of the
other franchise ordinances provide that
the city shall have a right to appoint two
arbiters in case the grantee fails to name
one within a specified time. Mr. Wallace
will propose that the McCusker ordinance
be changed to correspond with those
which have precided it.
Colson Franchise TJp.
The R. W. Colson gas franchise is also
before the Council at the present time,
but has not yet gone to publication. The
men behind It have asked that it accord
with the McCusker ordinance in all points
with the exception of the maximum cost
of gas. which they want placed at 95
cents. In case changes are made in the
McCusker franchise, it is probable that
they will also be introduced in the Colson
ordinance. B. S. Pague, before the street
committee at Its last meeting, said that
his company would not object to having
the bond provision amended so that there
would be no question as to the ability of
the city to compel a forfeiture In case of
failure to install and operate a plant.
BANFF HOT SPRINGS.
Less than 48 hours' ride from Portland,
and In the very heart of the Rocky Moun
tains. The greatest mountain resort on
the American continent. Round-trip tic
kets good for 20 days are now on sale
at a rate of $S5 for the round trip. For
descriptive matter and full particulars
call on or address F. R. Johnson, F. &
P. A.. 142 Third street, Portland, Or.