Morning Oregonian., August 23, 1906, Page 8, Image 8

8
THE MORNING OREGONIATf. THURSDAY, AUGUST 23, 1906.
DEFENSE DENIES
THE CONSPIRACY
Thinks Heney Is Fight
ing Windmills.
CHARGE WITHOUT A BASIS
Attorney W. D. Fenton Makes
His Statement to Jury.
CLIENTS FALSELY ACCUSED
87 Erery Move In Creation of Blue
Mcrtmtain Potest Reserve Was
Above Boaxtt -Government
Witnesses Testify.
yptsmix Doa -Quixote da la Mancha 'went
not to fight tb wtaOmlll be wa aoing
precisely' what Francis J. Heney la at
tempting' to do in the Blue Mountain for.
est le nerve prosecution. If that most cele--fc
rated among the Oregon land-fraud
cases to to ba viewed In the light la
which It "tea presented to the Jury In the
United States District Court yesterday
morning by w. D. Fenton, chief counsel
lor Franklin Pleroe Mays and leading at
torney tor the-defense.
In making his opening statement to the
jury Mr. Fenton did not indulge in com
parisons! otherwise ha would not have
omitted to compare the strenuous special
assistant to the Attorney-General to the
good knight of La Mancha and United
States Attorney Bristol to the gallant
Spaniard's faithful squire. According to
Mr. Fenton, there never was a oonsplracy
to defraud the Government In the crea
tion Of the Blue Mountain forest reserve,
and Mr. Heney and Mr. Bristol are
merely thumping a straw man of their
own creation when they attempt to prove
one.
For the two hours that Mr. Fenton
spoke the defense certainly had Its In
ning. If on the day before Mr. Heney
had made the ease look exceedingly black
for numerous prominent citizens of Ore
gon, Mr. Fenton undoubtedly tied the
score when he oame to the bat. The spec
tators on the bleachers hardly would
have blamed the Jurors If they had re
tired to the Jury room at the conclusion
of Mr. Fenton'e summing up of the de
fense and passed a vote of confidence In
Blnger Hermann.
Vindication for Hermann.
For the much-mallgned Mr. Hermann,
ex-Commissioner of the General Land
Office and late Congressman from Ore
gon, received his vindication at the hands
of Mr. Fenton, along with the late Sena
tor Mitchell. ex-Congressman J. N. Will
iamson, Mr. Mays, alleged arch-coneplr-ator;
Wlllard N. Jones and George Sor
enson, his oo-defendants.
Not one overt act, declared Mr. Fenton,
would the Government be able to prove
In support of the conspiracy charge. Even
the letters written by Mitchell, Hermann
and Williamson, set forth In the Indict
ment, Mr. Fenton read to the Jurors and
called upon them to say If there was the
slightest Intimation of any dark conspir
acy In this purely official correspondence.
As a matter of fact, asserted Mr. Fen
ton, every step looking toward the crea
tion of the Blue Mountain forest reserve
had been taken In the sunlight of the
broad, open day, as the defense would
prove. He ridiculed the Idea that tjjere
had been a conspiracy to fraudulently ac
quire school land from the State of Ore
gon for the purpose of having them
fraudulently Included In a fraudulently
created forest reserve for the purpose of
fraudulently exchanging them for valua
ble land scrip, ae Mr. Heney's Indictment
alleged.
He denied that the vast areas of school
land mentioned in the Indictment had
been fraudulently acquired, and even if
they had been he defied the Government
to show where it had suffered by the
fraud. The state was the one to com
plain, he asserted, and the defense would
prove that the State Land Board had been
only too eager to sell Its school lands for
$1.25 an acre to any one who would buy,
asking no questions. It was not neces
sary to resort to subterfuge and fraud to
secure school lands, as Mr. Heney's In
dictment alleged.
Shows No Misrepresentation.
As to the creation of the Blue Mountain
reserve, he said the defense would prove
beyond question of doubt that there had
been no misrepresentation on the part of
Mr. Mitchell. Mr. Hermann and Mr. Will
iamson, as alleged in the Indictment. All
they could do and all they did do was to
recommend; the President did the rest.
"They do not allege that President
Roosevelt was deceived," cried Mr. Fen
ton. "Why do they not do so?"
Eliminating Senator Mitchell, Mr. Her
mann and Mr. Williamson from the case,
there was not a fact alleged, Mr. Fenton
declared, that was not perfectly lawful.
Having procured the school lands In a
manner satisfactory to the state, the de
fendantsMays, Sorenson and Jones
were at liberty to petition to have them
included in a forest reserve and secure
the creation of a reserve that would serve
that end, If they were fortunate enough
to be able to do so. There was nothing
to show a criminal Intent In their actions.
"Admitting that either the state or the
United States would have had a possible
remedy at law, which I deny," said Mr.
Fenton, "I hold that they committed no
crime. Admitting that a crime were com
mitted In . the procuring of the school
lands, the defendants are unjustly ac
cused here or are entitled to be tried
elsewhere."
Mr. Fenton made light of the charge
that the proposed creation of the forest
reserve was kept secret, and said the de
fense would prove that there were many
others who had equal knowledge of the
location of the proposed reserve from of
ficial sources in Washington.
No Important Testimony Vet.
But little testimony was taken In the
case yesterday, and none of It was lm
portant except as constituting a founda
tion for the evidence by which Mr. Heney
hopes to prove the conspiracy charge
against the three defendants.
It was nearly 12 o'clock before Mr.
Fenton closed bis opening statement. 9.
B. Huston, attorney for the defendant
Jones, warred his right to make an open
ing statement, and the same action was
taken by Alex Sweek, representing the
defendant Sorenson. At this point the
noon recess was taken.
The first hour of the afternoon session
was taken up y a WTangle over the pleas
In abatement Interposed by the several
defendants. This was settled by the de
fendant Mays agreeing to stand upon the
ruling of the court denying the plea and
allowing him an exception. The defend
ants Jones and Sorenson elected to sub
mit the questions raised by the plea to a
Jury, but wanted a separate Jury, which
was denied. The present Jury, therefore.
will decide as to the qualifications of the
member of the grand Jury who, under the
name of George Glustin, took part In the
voting of the Indictment.
GIustln; It was brought out In the case
of Senator Mitchell, was naturalized, or
attempted to (become naturalized. In the
County Court of Clatsop County at As
toria, more than SO years ago, under his
long and unpronounceable Austrian name.
The first two syllables he was at that
time using, and has ever slrice used, as
his surname.
The point was again raised by the de
fendants In this case that he had never
been legally naturalized and that he had
no right to sit on the grand Jury as Glus
tin, Glustin Takes the Stand.
Accordingly Glustin was the flret wit
ness called, and testified as to his nat
uralization and to the change of his name
In San Francisco 33 years ago, when the
clerk of the court" told him that to spell
his name would puzzle a Philadelphia
lawyer, and that he had better lop off a
few Inches of It. Glustin agreed to the
curtailment, being assured that It would
make no difference In his status as a cit
izen, and ever afterwards called himself
Glustin.
Mr. Fenton then objected to the Intro
duction of any further evidence on the
grounds set up In his demurrer to the
Indictment, previously filed, and on the
further ground that the testimony affirm
atively showed that Glustin had never
become a citizen.
The other defendants, as has become a
custom in the case, followed suit, and
the defendant Jones further objected on
the ground that , the indictment did not
FOOt tUQ VCfrv
V W JcVvY,
ll. ViVv. trWI
"C, tArORTA -t V0
slrbw what he, individually, was being
tried for.
These objections were duly overruled
and excepted to, and the trial proceeded.
Mr. Heney called as his first witness
John W. Rowland, ohlef clerk In the
United States Surveyor-General's office, In
this city, for the past 11 years. Mr. Row
land was called to testify as to two maps
or tracings of certain townships in Grant,
Harney and Malheur Counties, which
were made for H. A. Smith and the de
fendant Jones in the years 1901 and 1902,
prior to the temporary withdrawal of
lands for the Blue Mountain forest re
serve, Mr. Heney's object being, as Indi
cated by his opening statement, to prove
that even at this time, months before the
general public knew that such a reserve
was In contemplation. Smith, who was
one of the alleged conspirators but died
before the land-fraud scandals arose, and
Jones, knew what lands were to be In
cluded In the reservation and were plan
ning to take advents ge "of their knowl
edge by securing school lands within Its
limits.
Mr. Rowland was also searchlngly
questioned as to visits of other members
of trie alleged conspiracy to . the Sur
veyor's office.
Rowland Tells About Maps.
Mr. Rowland testified that In 1901 he
made a tracing of a map.
At this point he was cut short by Judge
Pipes, who objected on the ground that
the fact the witness whs about to testify
to occurred more than three years before
the finding of the indictment and there
fore outside the statute of limitations.
The court overruled the objection, where
upon Mr. Heney suggested that inasmuch
as the same objection would undoubtedly
be raised as to many succeeding ques
tions, he would ask that the court con
sider the same objection ss made to such
questions overruled and exception al
lowed.
He said he made the tracing for H. A.
Smith, who took the original after half
a dozen blue prints had been made from
It. Witness did not see the tracing again
until the Spring of 1902, when Mr. Jones
brought It to him and asked him to make
a new tracing of it with the addition of
several townships on the east end. The
map was of lands In Grant, Harney and
Malheur Counties. When witness had
made the new tracing he delivered both
tracings to Mr. Jones.
Heney Asks- Defense for Map.
"Now," said Mr. Heney, "will the de
fense for Mr. Jones be willing to pro
duce this original tracing?"
A chorus of objections followed. Mr.
Jones' attorneys denied any knowledge of
such a tracing. It was the first they had
heard of any demand for it. Mr. Heney
said he had made the same demand In
writing on Mays and would make it orally
and formally on Jones.
Mr. Fenton and Mr. Hill took advantage
of the opportunity to make objection to
demands served on them for divers maps
and letters, denying the materiality of the
papers.
Judge Pipes brought matters to a focus
by stating .that he rather believed that
under the circumstances Jones would not
produce the tracing.
The court said he would allow a recess
of 15 minutes to allow Mr. Jones' attor
neys to produce the tracing, but would
not delay the trial materially, inasmuch
as the production of the original map
was not of great consequence anyway.
Mr. Heney supplemented his demand by
stating to the court that as a matter of
law the defendant, Jones, should have
known that the production of the
original map and the tracing would be
demanded before permission would be
asked to Introduce secondary evidence.
Heney and Pipes) Have Tiff.
There was a tiff between Mr. Heney
and Judge Pipes, who asserted that as
a matter of fact he had thought Mr.
Heney had the map in his own posses
sionhe ha'd so many documents that the
defense had not been able to get hold of.
He further criticised Mr. Heney for em
barrassing Mr. Jones by demanding the
map in open court in presence of the
Jury.
Mr. Heney apologized for this breach
of trial ethics, and stated that he had
been laboring under tne impression that
a written demand had been served.
Then Judge Pipes closed the Incident by
stating that Mr. Jones had Just informed
him that the map was in his possession
In his office In the Chamber of Commerce
building and would be produced.
The court ordered a recess of 10 minutes
and allowed Mr. Jones to be excused to
get the tracing.
It was 8:30 o'clock before Jones appeared
with a tracing of a map which Mr. Heney
submitted to the witness, who Identified
It as the one he made for Jones in the
Spring of 1902. Mr. Heney offered the
tracing In evidence.
The witness was then handed a blue
print which he Identified as one of a half
dozen he made in the Spring of 1902 from
the original tracing made In 1901 for Mr.
Smith.
This revived the question of what be
came of the original. Judge Pipes said
his client, Mr. Jones, did not know and
could not tell until he made a search
nether he had the original or not. Judge
Pipes objected to the blue print copy be
ing admitted in evidence. The court over
ruled the objection.
Mr. Heney then introduced the blue
print copy in evidence on the ground that
he had demanded the original and that
the original had not been produced.
Judge Fipes objected. The matter was
finally settled by Judge Pipes agreeing
that the copy should be admitted in evi
dence, the original to be substituted in
case of Its production.
Examination Proceeded With.
Mr, Heney then proceeded with the
examination, asking If the witness
was acquainted with John A. Boggs.
Witness said he was not. Didn't re
member seeing Boggs around the sur
veyor's office in 1901, but he may have
been there. Witness knew Blnger
Hermann, J. N. Williamson and F. P.
Mays personally. He never saw Mays
and Hermann In the surveyor's office
together in 1901 or 1902. Did not re
member seeing Williamson there at
those times. Mays came into the office
not Infrequently to look up records.
HARRY MURPHY'S PEN PORTRAITS OF LEADING FIGURES AT
kmrnm f , fell
lilt LifyAVy
c "to T iviX mVv
ex ml?
wis out" 4wNsfi
The office was so arranged that wit
ness did not see everybody who went
In and out.
Witness was asked whether. In the
Summer of 1902, subsequent to June 1,
he had a conversation with Mr. Mays in
the latter's office. The witness an
swered affirmatively. Did not know
whether or not this conversation was
prior to the temporary withdrawal of
the Blue Mountain reserve lands on
July 28, 1903. Mays telephoned the
witness asking him to call at his office.
Mr. Heney stated parenthetically
that this evidence was Intended to be
against Mr. Mays alone. Judge Pipes
objected for Mr. Jones on the ground
that this being a conspiracy case, the
testimony must be against all the de
fendants. He was overruled.
Accused of "'Giving Snap Away."
Witness said Mays accused him over
the telephone of "giving the snap
away" with reference to the boun
daries of the Blue Mountain forest re
serve. After going to Mr. Mays' office
witness told Mays that he did not
know anything about the forest re
serve; that the only thing he had had
to do with Jt was to make tracings for
Smith and Jones and to have a con
versation with Captain S. B. Ormsby,
the forest superintendent. Captain
Ormsby had told witness that he was
going up Into the Blue Mountains to
see about the creation of a forest re
serve. Ormsby told witness that he would
need some tracings of the various
townships and that if witness would
go to Mr. Mays he might get the job
of making them.
Witness called on Mays the same
day and Mays told him the map had
already been made, pointing to a roll
wrapped In Manila paper and ad
dressed to "S. B. Ormsby, Salem, Or.
The roll was of about the same length
as the tracing In evidence.
The object of this evidence was
obvious.
Going back to his conversation with
Mays, witness said that Mays, after
hearing his statement, exonerating him
of the charge of "giving the snap
away."
Rowland was asked but one ques
tion by Mr. Fenton on cross exami
nation. "It was a very common thing for
people to come into your office and get
tracings of maps, was it not?"
"Yes," was the answer.
Then Mr. Fenton announced that he
was through with the Witness. The
various attorneys for the defense fol
lowed suit.
Mr. Fenton had an afterthought and
BBked the witness whether he had told
the grand Jury the facts he had testi
fied to.
Witness said no. He was before the
grand Jury, but he thought in a dif
ferent .case, and after the present in
dictments were returned.
The other witnesses called were an
employe and an ex-emplove of the
Surveyor-General's office. Both were
asked substantially the same ques
tions ns asked of Mr. Rowland, Mr.
Heney's Inquiries being with regard
to the maps mentioned and to the vis
its of Jones, Sorenson, Mays, Hermann
and other alleged conspirators to the
office.
These witnesses were Charles E.
Dustin, clerk In the Surveyor-General's
office since 1894, and George E
Waggoner, ex-chief clerk.
EASTERN EXCURSION RATES
August 1, 8, , September 8 and 10.
On the above dates the Great North
ern Railway will have on sale tickets
to Chicago and return at rate of $71.50,
St. Louis and return 67.50, St Paul,
Minneapolis and Duluth, Superior, or
Sioux City and return, J60. Tickets
first-class, good going via the Great
Northern, returning same or any direct
route, stop-overs allowed. For tickets,
sleeping car reservations, or any addi
tional information, call on or address
H. Dickson. C. P. & T. A., 122 Third
street, Portland.
Mllwaukie Country Club.
Eastern and Seattle races. Take Sell
wood or Oregon City car, starting from
First and Alder streets.
Habitual constipation cured and the
bowels strengthpend by the regular use
of Carter's Little Liver Pills In small
doses. Don't forget this.
ELECTRIC GARS
ST.
Southern Pacific Will Not Run
Freight Trains in Heart
of the City.
RIVER IS TO BE BRIDGED
Freight Entering Portland on Fourth
Street and Also on West Side Line
Will Be Diverted, to Main
Line on East Side.
The Fourth-street tracks of the South
ern Pacific will, in all probability, cease
to trouble the Portland public by next
fcMrrt"b
(.OMTlNTvON.
Summer. It is positively known that
steps are being taken to remove the ob
jectionable features of the Fourth-street
line, and next year will probably see the
Fourth-street tracks used by electric cars
only, which will carry a part of the pas
senger business that Is now handled on
the thoroughfare.
All the freight business how entering
Portland on Fourth Btreet will be diverted
to the main llrfe of the Southern Pacific,
crossing the Willamette on a bridge to be
built at Elk Rock and reaching the East
Side tracks at a point near Mllwaukie.
Plans and estimates are now being made
for the building of a line from the West
Side division, near Hillsboro, to a connec
tion with the Yamhill division and to
the river at Elk. Rock, where a natural
bridge site offers for a crossing of the
river. Freight and passenger trains will
be removed from Fourth street and the
West Side division from the Union Station
to Forest Grove or Hillsboro will be oper
ated by electricity.
These changes will cost a lot of money,
and authority for putting them Into effect
will have to be granted by the heads of
the operation department of the Southern
Pacific, but it is believed that this will be
the solution of the Fourth-street problem,
and that it will soon become operative.
It s known that surveys are now being
made, and It is planned to have the
cha'nges completed by next season.
Steep Grade Eliminated.
There is said to be every reason why
the changes should work out satisfac
torily. The new road will eliminate the
steep grade on Fourth street, which re
quires additional motive power to push
trains up the hill and is. accordingly, an
added expense to the railroad company.
In view of the war on the Fourth-street
line that Is being made by the city author
ities and various civic organizations, some
other way must be found to handle the
traffic of the West Side division other
than by bringing it through the heart of
the retail district by trains.
The change In operation will work a
decided benefit In the convenience of de
livering freight originating on the Yam
hill division at the Portland terminal
yards. At present, this traffic Is routed
by Whlteson to the West Side .division,
where it is hauled back to Portland by
the Fourth-street entrance to the city.
An immense lumber traffic from the South
Portland mills is in this way hauled
across three counties in order to get It
from Jefferson street to the Terminal
yards.
Trolley Cars to Forest Grove.
All the freight business now entering
the city on Fourth street will be routed
by the East? Side line, and the through
passenger business from the Yamhill di
vision and the West Side division will
cross the river at Elk Rock and reach the
Union Depot by the Steel Bridge. It is
expected to operate the West Side division
as far as Forest Grove by electricity, and
trolley cars only will use the much-discussed
Fourth-street tracks.
It is believed that if the gasoline motor
cars that have been experimented with
here had proved satisfactory, this type of
motive power would have been used on
the Forest Grove line for passenger busi
ness. Since the trials so far made of the
new motor cars have not been successful
here, and the Fourth-street grade proved
too much for them, the Southern Pacific
will resort to electricity.
These changes in the routing of South
ern Pacific trains have been predicted be
fore, but they have hitherto been merely
a possibility. With the agitation against
the tracks on Fourth street that has late
ly come up, and the desirability of mak
ing the changes for economy and con
venience of operation, serious considera
tion has been given the scheme and there
is every prospect that the change will be
made. Railroad men are gathering all
necessary data to build the line from
Hillsboro to Mllwaukie and to bridge the
Willamette at Elk Rock. It is learned
that these changes will, without doubt,
become realities by next Summer.
PASSENGER RATE WAR IS ON
Harriman System Goes Northern Pa
cific One 'Better on Cut.
Disagreement on rates by the railroads
reaching the Northwest has resulted In
a sweeping reduction to the Coast from
the East. The recent announcement of
a 125 rate on the Northern Pacific for
laborers In parties of 20 or more has been
FOURTH
followed by the Harriman lines with the
granting of a J25 rate, Individual tickets,
from the Missouri River to California,
Oregon and Washington, with a $31 rate
from Chicago, St. Louis snd New Or
leans, and $50 from New York, with cor
responding rates from other Eastern
points.
These reductions are the result of In
dividual action and were brought on by
failure of the roads making up the Trans
continental Passenger Association to
agree on the $25 rate to the Coast prior
to the regular 23 colonist rate, which
goes into ettect In September. The North
ern Pacific then took Individual action
and the Harriman lines followed the same
course. Other roads are yet to be heard
from, but it is sure they will meet the
lower rates.
TOURISTS BOUND FOR ORIENT
Party of 127 From Los Angeles Will
Reach Here September 1.
A special party of 127 tourists will reach
Portland September 1 from Los Angeles
on the way to the Orient. The tour is
under the direction of the Los Angeles
Times. A special train over the Southern
Pacific will bring the excursionists here,
when the Northern Pacific will carry the
party to the Sound. At Seattle the tour
ists will embark on one of the Great
Northern Steamship Company's liners for
the Orient, The excursion will arrive In
Portland from the south at 8:30 on the
morning of September 1 and will spend
the day here, leaving at 10:45 P. M. for
the Bound. Returning, the Los Angeles
party will reach Portland at A. M. on
THE MAYS-J0NES-S0RENS0N TRIAL
iflfil
r.5 Mm
the morning of . November 14, leaving at
8 A. M. of the same day for home.
Council Crest Lofip Completed.
The Council Crest loop of the Port
land Railway Company is now prac
tically completed and will probably be
opened to traffic within the next few
days. It is all ballasted and ready for
operation today except the putting
down of guard rails on some cl the
curves. This road will be a unique
scenic attraction and will doubtless
attract a heavy travel from the first
day It Is operated. The loop is almost
a mile and a half In length and was
constructed under the direction of
Chief Engineer Richmond, of the Port
land Railway Company. Work was
commenced on the extension early in
June. -
Switch Engine Off the Track.
The wrecking train was called out
of the O. R. & N. shops last evening at
7 o'clock to put a Southern Pacific
switch engine on the track that was
partly off the rails at the crossing of
the O. R. & N. and Southnrti Pacific
tracks at the east end of the Steol
bridge. The locomotive was starting
to cross the bridge when an O. R. C-. N.
engine struck it. tilting the tank ovrr
and knocking one pair of drivers off
the rails. The accident caused only a
slight delay to traffic, as the wrecking
train soon picked the engine up and
set It on the track again.
Counsel for New Harriman Line.
Advices from Seattle state that the firm
of Boyle, Hardin & Spooner has been ap
pointed attorneys for the Oregon & Wash
ington, the company formed to build the
Harriman extension from Portland to the
Sound, ihe firm takes up work that has
been carried on by H. F. Connor, of W.
W. Cotton's staff, and the appointment of
the Seattle firm to look after the legal
,end of the work on the Sound was made
by Mr. Cotton. Mr. Boyle was the former
partner of Charles Richardson. T. B.
Hardin Is the Seattle counsel for the Ca
nadian Pacific, and Charles P. Spooner la
the son of Senator Spooner. of Wisconsin.
REALTY MARKET ACTIVE
Many Small Sales Reported and
Numerous Buildings Projected.
M. W. Parelius has bought a lot at
East Stark and East Water streets from
Carrie M. Elwert, paying 13000 therefor.
A 40-foot strip through two lots on East
Madison street, between East Fifteenth
and East Sixteenth, has changed hands
for J4500. ' J. J. Read sold It to Jennie M.
Hlckok.
J. Frank Porter bought five acres out
near Woodstock from Mathew Becker
some time back, paying but a nominal
figure. He has recently disposed of the
same tract to N. P. Tomllnson for H500.
A building permit was Issued yesterday
for the Clementine F. Lewis building, on
Fourth street, between Stark and Wash
ington. The estimated cost is $100,000.
Work on the building Is progressing rap
idly. Damage wrought by recent fires is be
ing rap y repaired. Fritz Stuckle will
repair his store on Washington street, be
tween Eleventh and Twelfth, at a cost of
$1000. Dr. Holt C. Wilson has taken a
permit a repair the Quimby Hotel, on
Fourth street, between Burnside and
Couch. The repairs will amount to $2000.
Several modest residences are to ba
built soon. W. A. Morden will soon erect
a bungalow at Mount Tabor on plans
drawn by Richard Martin. F. A.
Hummel will build two dwellings on
Corbett street, between Grover and
Glbbs, each costing $2000. Samuel
Clifford is erecting an $1800 home on Eu
gene street, between Rodney and Union.
It will be 1V4 stories high. J. N. Wood
will erect a similar building on Falling
street, between Commercial street and
Halght avenue, at a cost of $1500. Charles
E. Lemon Is to build a lH-story residence
on the corner of East Thirty-sixth and
Clinton streets, at an outlay of $1750.
BUSINESS ITEMS.
If Baby Is Cutting Teeth
Be sure and use that old and well-tried rem
edy, Mrs. Winalow's Soothing Syrup, for chil
dren teething. It coothes the child, often
the gums, allays all pain, cures wind colic
and diarrhoea.
PIPE CONTRACT LET
Oregon Iron and Steel Com
pany the Only Bidder.
INCREASE IN PRICE PAID
Mayor Lane Advocates Wooden
Mains, and Board Votes to In
vestigate Advisability Giv
ing Them a Trial.
Portland now has to pay $39.50 U ton for
castiron mains, where a year ago they
could be had for 135.75. Yesterday, at a
special meeting of the Water Board, the
Oregon Iron & Steel Company was award
ed the contract to furnish 197 tons of cast
iron mains at 139.50 a ton, at $7781.50. This
was the only bid submitted.
Part of the pipe Is needed on Second
street, and the contractors are protesting
rm . W
because It is not on hand. Consequently,
the members of the Water Board either
had to delay the work still further or
award the bid to the Oregon Iron & Steel
Company. A. S. Pattullo, representing
the company, stated that the price of
castiron had advanced, and quoted East
ern market quotations, showing that
there was an unprecedented demand
for It.
Superintendent Dodge explained that
eight different. concerns had been request
ed to submit bids, and that the Oregon
Iron & Steel Company was the only one
which had responded. There was some
hesitancy about awarding the contract,
but it was finally done.
'Why wouldn't wooden mains do Just
as well?' broke In Mayor Lane Just be
fore the vote was taken upon the award
of the contract. Mayor Lane has been
Biruugiy auvucuiillK me looting VI wuuuau )
mains. "Wood pipe is said by some en- '
gineers to be as good as any mains that '
can be laid In the ground, he continued,
"and they do not cost nearly so much as
the wooden ones.'
But It was decided that the need of the
present lot of pipe was Immediate, and
the contract was awarded by a unanimous
vote. Engineer Clarke, of the water de
partment, was Instructed to make an In
vestigation as to the practicability of lay
ing wooden mains In Portland. He was
given authority to visit other towns in the
course of his investigation. If he thinks
It necessary..
There Is but little doubt that wooden
mains will be given a fair trial. It Is the
sentiment of the board to have a small
quantity of It laid so as to test It. Wood
en mains are In use at Seattle. Tacoma,
Salt Lake, Walla Walla, Pendleton and
many other cities In the West.
Wooden mains cost less than half as
much as castiron, and their Jlfe is said
to be Just as long as that of the latter.
The wood will remain Intact, provided it
is saturated with water. This preserves
the material. But If the water is with
drawn and the mains are allowed to dry
deterioration begins.
The Oregon Foundry Company wsji
awarded a contract to supply the water
department with 14 split sleeves at 8
cents per pound. The contract amounts
to about $3i0. For this work the Oregon
Iron & Steel Company bid 4 cents per
pound, and the Smith-Watson Foundry
Company 4 cents per pound.
Engineer Clarke submitted a report
showing that a gravity supply was avail
able for the Highland district. To con
nect the new district with the present
distributing system will cost approximate
ly $T50 for mains. Engineer Clarke and
Superintendent Dodge were authorized to
make arrangements to secure whatever
kind of pipe they considered best. It is
possible that wooden mains will be laid.
Engineer Clarke also reported that to
replace old mains with new and larger
mains, as recommended In the report of
the National Board of Fire Underwriters,
would cost $100,512.25 for pipe alone. The
report was placed on record.
Asks $10,088 for Broken Leg.
Robert F. Robson. a carpenter, yester
day sued Charlotte W. Kingsley In the
State Circuit Court for $10,0S8 damages
on account of personal Injuries sustained.
The defendant contracted with George
Smith to build her a dwelling-house, and
Robson was employed on the work. He
asserts that he was working on seaffold-
'It's aa
i a VTE' i v''afiiHi . 'A i
isisiiliMiihliiiiiiite
E
Black Splotches All Over Face
Produced Severe Itching Year's
Treatment by Physicians Did No
Good and Became Despondent
Affected Parts Now Clear as Ever
Alabama Lady's
CURE BY THE
CUTICURA REMEDIES
"About four years ago I was afflicted
with black splotches all over my face
and a few covering my body, which
produced a severe itching irritation, and
which caused me a great deal of annoy
ance and suffering, to such an extent that
I was forced to call in two of the leading
physicians of my town. After a thor
ough examination of the dreaded com
plaint they announced it to be skin
ecsema in its worst form. They treated
me for the same for the length of one
year, but the treatment did me no good.
" Finally I became despondent and
decided to discontinue their services.
Shortly afterwards, my husband in read
ing a copy of a weekly New York
paper saw an advertisement of the Cuti
eura Remedies. He purchased the en
tire outfit, and after using the contents
of the first bottle of Cuticura Resolvent
in connection with the Cuticura Jjoap
and Ointment, the breaking out entirely
topped. I continued the use of the
Cuticura Remedies for six months, and
after that every splotch was entirely
gone and the affected parts were left as
clear as ever. I have not felt a symp
tom of the eczema since, which was three
years ago.
"The Cuticura Remedies not only
cured me of that dreadful disease,
eczema, but other complicated troubles
as well: and I have been the means of
others being cured of the same disease
by the Cuticura Remedies, and I don't
hesitate in saying that the Resolvent
is the best blood medicine that the world
has ever known." Lizzie E. Sledge,
640 Jones Ave.,
Oct. 28, 1905. Selma, Ala.
Bold throughout tilt vsrlc, Cntleore Botp, Wc.Otnt.
nDt, 30c., RtaolTVDt, fiOe. (Id form of ChoeoUto Cot4
FlUi, 25e. per vial of 60), my b bd of ill draggiM.
Fortor Druf end Cbtin. Corp., Bol Prop... Boiton, im
mr Mailed rrn. Tht Culler skla Jkwk," ul
"Bow to Cur DUAsnrlal Huaura."
ing on April IS, 1905. when CI tte
Kingsley endeavored to do some leveling
about the premises and drove against tha
scaffolding, causing It to collapse. Rob
son says he was thrown to the ground
and his leg was broken, and he was oth
erwise' Injured.
Business Rivalry o! 25
Years Ended
Wolff and Isaacs, East Side Shoe
makers, Obliged to Move from
Building- About to Collapse.
AFTER having been rivals for more
than 25 years, John Wolff and H.
Isaac, shoemakers, who had rooms in the
lower floors of the threatened buildings
on Union avenu. were at last compelled
to vacate and go elsewhere. Their shops
were In adjoining rooms, and their rivalry
has been red-hot for more than a quarter
of a century. When the filling of the
Btreet was started on Union avenue the
heavy earth caused the buildings to twist
until they were in a dangerous condition,
but neither of the shoemakers would
move. Wolif declared that he would not
be "run off by a Jew," and Isaacs said
that "no Dutchman can bluIT me Into
leaving." So the rivalry of a quarter of
a century was reduced to the question of
who would stay longest In the buildings
that threatened at any moment to fall
Into the slough. Isaacs was the first to
yield. Tne floor of his shoeshop was so
badly twisted that he could not sit
straight or drive nails straight in the sole
of a shoe. Still he hung on, but Monday,
when the floor suddenly dropped several
Inches, he gathered his tools and fled.
Wolff, his rival, was tickled. He wasn't
afraid. He would stay. But yesterday
he, too, changed his mind and departed.
Now the rlvalH are four blocks apart, and
they no longer care when the buildings
drop Into the slough.
DROWNED IN THE COWLITZ
i
Son of Representative Bayer Loses
Life While Fishing.
Joseph C. Bayer, Jr., the youngest child
and only son, of J. C. Bayer, a furnace
manufacturer of this city, was drowned
In the Cowlitz River while fishing, last
Tuesday afternoon.
In company with two sons of Dr. Fred
W. Prehn, young Bayer left Portland
Monday morning In a launch en route to
Rainier, where the boys Intended to make
a camp and spend some days roughing It.
They arrived, made their camp and Tues
day afternoon crossed the Columbia and
ascended the Cowlitz some distance, stop
ping to fish from a log boom. Young
Bayer fell from the raft, became entan
gled In his fishing tackle a,nd sank.
The body was recovered at 9:15 yester
day morning. 50 feet from where the boy
was drowned. E. S. Hargreave, boat
keeper for the lad's father, found the
body, which was brought to Portland for
burial. The funeral will be held from the
family home, 561 Seventh street, at 3
o'clock this afternoon. It will be con
ducted by Rev. George E. Hawes. Inter
ment will be at Riverview.
Joseph C. Bayer, the father, was chosen
a member of the Legislature from this
county at the last election.
Rich red blood naturally results from
taking Hood's Sarsaparilla. It tones tha
whole system.
CZEMA
WORST
FORM
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