THE MORNING OREGONIAN. FRIDAY, AUGUST 9, 1907. 1 r nnnnniiRin 1 L bHIVlDLIItb IS OPEN SECRET Officials at Baker City Place No Restraint on Games of Chance. NONE WHO WOULD SAY NAY Boys Even Permitted to Try Their Luck City Reaps Harvest in Rwpnnit 'fi Fear of Moral Wave Engulfing Town. BAKER CITT, Or.. Aug. 8. (Special.) There Is little or no uneasiness on the part of the local gambling fraternity that the reform wave which caused the gentle men of the" green to leave Milwaukie and Astoria will reach this city and put the gambling dens out of commission. When District Attorney Leroy Lomax was asked concerning his attitude in regard to gambling, he replied that so far as his personal knowledge was concerned there was no gambling being carried on In Baker City. He does not frequent the saloons and sees nothing of the games that are being run day and night, in open violation of the law. He said that no complaint had ever been made, and until he has proof that the law is being violated he will take no steps toward closing the town. Gambling here Is wide open. No restric tions are placed upon those who shall participate in the games, even minors being allowed to frequent the lower resorts and to try their luck at the tables. v Conncil Favors Open Town. A secret session of the City Council was called a year or two ago for the purpose of closing up the gambling-houses in this city, but those in favor of this action were in the minority and nothing ever came of the meeting. The majority of the City Fathers at the present tlmeM are in favor of an open town ana win take no steps to banish the gamblers. When Harvey K. Brown was Sheriff of Baker County he was very strict In en forcing the gambling laws and the Sun day closing laws and the gamblers had a hard time in running their games. But when Ed Rand took the office, In July. 1906, he refused to Interfere, saying that the gambling houses came untder the control of the city and it was the place of the city officials to close them up If they so desired. The gentlemen of the green Immediately began to flourish and the town Is now running wide open, without any effort being made to con ceal the fact. The principal gambling resorts are the Log Cabin, Mike Hoft, proprietor; the Club. Snide, Gertridge & Co., proprietors; the Mint, J. W. Buckley, proprietor; the car, xiuHi oc t nttia, prupt ibiui o, mo iuio Hour, Baldwin, proprietor, and several other smaller places that run little games on the side. Fat Income for City. The city officials are loath to give up the revenue which can be derived from this source, a fine of J100 per month being assessed against each place that con ducts gambling games. Each house la fined without reference to the number of games carried on, and an additional fine is imposed for nickel-ln-the-slot machines and other contrivances. A case came up in the last term of the District Court in which both plaintiff and defendant admitted they had been gam bling and In which District Attorney Lo max appeared for the plaintiff, but brought no action against either party for gambling. He will not bring action against the gamblers until some substan tial private citizen files information and will back the attorney in prosecution of the case. CLUBHOUSE WILL NOT REOPEN Public Opinion Will Be Respected by Milwaukie Managers. OREGON CITT, Or.. Aug. 8. (Spe cial.) It Is very doubtful if the Mil waukie Country Club will be reopened, pending a decision of the courts as to the supremacy of the acts of the mu nicipality over the state law relative to gambling and poolselling, and it has not been definitely determined whether the owners of the club will make the legal fight along the line proposed by the opinion of State Sena tor J. E. Hedges, who says that the club cannot be closed. Although Mr. Hedges' opinion is in the hands of the club promoters, they are taking a tittle time to consider the different phases of the matter, and may an nounce their decision tomorrow. The reopening of the club, in the event of the fight being made, would depend partially upon a question of policy, as there is no disposition on the part of the owners of the club to invite the antagonism of the public, as they have enough of that sort of thing without seeking it. It Is reasonably certain that the r-sopening of the club will not be tolerated by District At torney Gilbert L. Hedges and Sheriff R. B. Beatle, as the former has an nounced publicly that the resort will remain closed. Any attempt at opera tion would no doubt result in the im- nieuiaie arrest oi me gamoiers. . Senator Hedges' contention that the general law of the state is Inferior in this case to the actions of the munici pality of Milwaukie is not concurred in by the legal fraternity of this city, and a well-known lawyer today called attention to the constitutional amend ment giving cities and towns exclu sive power to enact and amend their own charters, that was proposed by initiative petition and adopted at last June's election. This amendment to flection 2 of article XI of the Consti tution went before the people of Ore gon and was adopted by a vote of 52.667 to 19.942, a majority of 32,625. The amendment clearly provides that ' "the legal voters of every .city and town are hereby granted power to enact and amend their municipal char ter, subject to the Constitution and criminal laws of the State of Oregon." Particular stress Is laid on municipal acts being subject to the criminal laws of the state. There seems to be a general unwilling ness among the local attorneys to be quoted, though everyone of them declared his belief in the supremacy of the state law. One attorney, who was in the State Senate several years ago, stated that the same Identical question had been brought to his notice in committee, when the granting of a charter to a town was un der consideration. An effort was made at that time to have embraced in the city charter a clause exactly like, that in the Milwaukie charter, and the members of the committee, every one of whom were lawyers, decided that each action would be a direct violation of the spirit and the letter of the Constitution. Rev. J. R. Landsborough. pastor of the First Presbyterian Church, who Is a member of the Oregon City Ministerial Association, and who has taken a lead ing part in the agitation and campaign that resulted in the suppression of the Milwaukie Club, said tonight that he does not believe the ordinance of the city of Milwaukie will hold- water. "It appears . to me," said Mr. Lands borough, "that the question is covered in the Supreme Court decision relative to the liquor question, and it is a generally accepted proposition that the state haw must take precedence over the acts of a municipality." Rev. John M. Linden, pastor of the First Baptist Church, came to Oregon City from Chicago only a few months ago. "In my Judgment It is simply a ques tion whether the law of the state Is to be overrun by a little bit of a one-horse shack." District Attorney Hedges, whose action in closing the Milwaukie Country Club has been the' cause of his brother's dif ferent construction of the law, has noth ing to say, but he is looking up author ities on the case, so as to be prepared to make a fight for the support of the state law If the occasion arises. TIMBER WILL SOON BE GONE Estimated That 30 Years Will See Last Stick Cut In Chehalis County. HOQUIAM, Wash., Aug. 8. (Special.) With the rapidity that the timber of Chehalis County is being logged it is estimated that, at the present rate, 30 years will be the limit of the forests. Fifteen thousand acres of timber was logged last year, or, strictly speaking, a township of timber. Considering the fact that Chehalis County is comprised of but 43 townships and that many of these contain little timber or have al ready been logged, the beginning of the end can be seen. There are sections of timber In this county which 23 years ago were the finest in the state, which now contain millions of feet of dead timber rlpned and already passing into decay. In other places can be seen the work of the fire fiend. Over 2.000,000,000 feet of timber was killed by the terrible forest fire which swept the county five years ago. Near Lake Quiniault can be seen three to four sections of tim ber which,, it Is said, were destroyed by some one who set it afire to watch the moss burn. . ANNIE Mm GOES HOME CONNECTED WITH BEST FAMI LIES IN THE COUNTRY. Insplrer of Popular Song Was Flor ence Story, but Goes Wrong Through Love for Drink. SEATTLE, Wash.. Aug. 8. (Special.) Florence Asslnia Story, known for ten years to the Seattle police as Annie Roo ney, an actress who cannot leave liquor alone, is to be sent to wealthy and aris tocratic relatives in Essex, Mass., to fin ish her days In Comparative comfort and seclusion. As Annie Rooney, the origi nal of a topical song of .that name, she came to Seattle Just before the Klondike rush, and for years she has spent most of her time in Jail sobering up, strenu ously fighting to keep her downfall from Eastern relatives and friends. The story of Annie Rooney's life, as the police gather it, shows she is a grandniece of Joseph Story, Justice of the United States Supreme Court be tween 1811 and lS'.S. William Wetmore Story, famous sculptor, was a cousin. So was Rufus Choate, successor to Dan iel Webster In the United States Senate, and James H. Choate, ex-Ambassador to England and-member of the peace con ference at The Hague. Henry F. Burn ham, Senator from New Hampshire, is said to be another cousin. '"Annie Roo ney's" father was a shipbuilder and member of the Massachusetts Legisla ture. An uncle now owns the shipbuild ing plant. ' The police have known Annie Rooney's history for years, and that is the reason she has always been treated kindly by the officers. Today, when arrangements were completed for sending her East, Annie Rooney declared laconically that her downfall had been due entirely "to a love for theatrical life and booze." SAYS WASCO RATE IS UNJUST Sherman County Farmer - Flies Charges With State Commission. SALEM, Or., Aug. 8. Formal com plaint was filed with the Railroad Commission this morning by William H. Biggs, of Wasco, Sherman County, charging that the freight rates on all products, and particularly wheat, be tween Wasco, Klondike, Summit, Moro, Grass Valley and other points on the Blggs-Shanlko" branch of the O. R. & N. and Portland are unreasonably in excess of the rates charged upon the ame commodities, particularly from Rufus, Grants or Biggs, on the main line. Mr. Biggs' principal complaint is that, while the rate on carload shipments of wheat from Shaniko, the Southern terminus of the branch, is but 2 cents per ton per mile to Portland, the farmers of th vicinity of Wasco, only four miles off the main line from Biggs, are. re quired to pay at the rate of 2.37 cents per ton mile or $2.80 per ton to Portland, or an increase of 15 cents per ton or more than 36 per cent Increase over the $2.05 per ton rate in effect from Rufus, the first station from Biggs on the main line. This complaint will probably-come on for hearing at the same time as the com plaint of the Portland Chamber of 'Com merce against the rates, differentials, "etc., of the O. R. & N. ASSESSOR AFTER COAL MINES King County Official Would Collect Heavier Taxes on Properties. SEATTLE, Wash., Aug. 8. (Special.) Coal lands In this state will be in creased In appraisement for- purposes of taxation In proportion to the in crease made In fuel prices during the pasc few years. The movement start ing in Kittitas County,- where the Northern Pacific's mines are located, was taken up . here today when J. . Frost, member' of the State Tax' Com mission, who declared that the ap praisement made on coal lands was not equal to the profits on the coal mined. County Assessor T. A. Parish an nounced that expert appraisers . are working on the King County mines and will report a revised assessment within a few days. The Increase In King County collieries will hit the Pa cific Coast Company hardest, for the Pacific Coast Company owns practi cally all the producing mines of this county. The county arid state boards of equalisation will attempt to get a correct estimate of the amount of coal In the mines and assess the properties on the basis of their production. This will mean that ail coal properties will be raised several times their former valuations. , TALK BETTER FRUIT Applegrowers Hold Profitable Session at Med ford. HOW TO FIGHT THE PESTS Experience of- Experts Awakens Deep Interest Prominent Fruit Men of State Address .Meetings. Inspectors' Work Approved. MEDFORD, Or., Aug. 8. (Special.) Midst bunting, banners and holiday dress, Medford greeted the visiting horticul turists today as they assembled for the semi-annual meeting. Twenty-five or more prominent men from the various fruit districts Joined with the local grow ers in discussing the horticultural prob lems now before local orchardists. Among the visitors are H. M. Williamson, sec retary of the Board of Horticulture; Pro fessors Lake and Cordley, of the Agri cultural College; E. C. Armstrong, E. C. Roberts, Charles Meserve, inspectors; A. H. Carson, Horticultural Commissioner; Asa Holliday, nurseryman; W. E. Will iamson, Rural Northwest; E. H. Shepard, Better Fruit, and A. J. Dunlap, a promi nent fruit-grower of Illinois. The first session of the meeting opened with a large attendance and much en thusiasm. C. H. Lewis, as vice-president for Southern Oregon, presided, and Secretary Lake was on duty to keep the records and stir up the discussion. Professor Cordley's talk on the en larged uses for the lime sulphur spray was of Intense interest and awakened a lively discussion, which resulted in open ing an entirely new field of application for this old-time spray, and its use as a Sumrfier spray for fungi. The most valuable paper presented be fore the society In many years and one that elicited much favorable -comment and earnest discussion was one on the codlln moth, by G. W. Taylor: Mr. Tay lor presented an exhaustive study upon the life and habits of this pest. The work has been carried on in the orchard of C. H. Lewis and marks the beginning of a valuable and high-class work In the in terests of Rogue River horticulture. In discussing the work of orchard in spection and horticultural development, Mr. Williamson, of the Board of Horti culture, paid a glowing tribute to the services of the Willamette Valley In spectors, citing the work of Messrs. Arm strong and Roberts as typical of the most efficient services that have been rendered the Valley counties in their efforts tO make "Western Oregon a factor in the state that must soon become known as the greatest apple state In the Union. Speaking of the Importance of organized effort, Mr. Williamson declared that hor ticultural meetings and exhibits are the most important factors In the work of building up a better horticulture. He commended highly the service of the state society and urged Rogue River to attend the state meetings, to take part in the exhibits and to help on the up ward movement for better fruit. . E. H. Shepard spoke enthusiastically, as all Hood River orchardists do, of the great opportunity for a better horticul ture, a better citizenship, a greater state. He pleaded for a closer relation between the three great fruit valleys. Hood, Wil lamette and Rogue. The whole meeting is one of optimism. Rogue River farmers are jubilant over the excellent apple crop prospects and the visitors from the 'North are display ing wholesouled good fellowsh'.p. Taken altogether, this promises to ts on of the best meetings of its kind held In this section of the state. GOWDY WORK.S IN ASTORIA Arrested on Obtaining "Wrlte-Ups" for Labor Press,, ASTORIA, Or., Aug. 8. (Special.) H. A. Gowdy, who claims to be a representa tive of the Labor Press, of Portland, was arrested by Chief of Police Gammell as he was about to leave on this evening's train for Portland, and is now held in the City Jail awaiting an investigation on a charge of obtaining money under false pretenses. Gowdy came here a few days ago and has been soliciting "write-ups" from the business men for the annual labor re view to be printed on Labor day by the Labor Press. He carried credentials writ ten on a Portland Federated Trades Coun cil letterhead and signed by P. McDonald and J. E. Taylor. Gowdy charged $5 per hundred for the papers containing the "write-ups" and collected the money in advance whenever possible. When a business man declined to subscribe he threatened to place him on the unfair list. At least that is the statement of business men whom Gowdy approached. In that way he collected various sums from individuals ranging from $5 to $50 In one Instance, amounting In all to $220. This afternoon one man who had paid Gowdy $3 became suspicious and wired to the Portland Labor Press concerning "the matter. Receiving a reply stating that Gowdy had no authority to solicit in Astoria, he informed the police. Gowdy declined to make a statement to the po lice, further than to say a mistake had been made and that he has credentials showing his authority to represent the Labor Press. COUNTY WILL AID IN SEARCH Yakima Expending. Money in Effort ' to Find H. E. Nicolai. ' VORTH YAKIMA. Wash.. Aue. ft (Special.) Following the hearing given today by the County Commissioners to a deputation of leading residents of Sun-, nyside, the board decided to vote $1000 to be expended in further efforts to locate-H. E. Nlcolal, president of the Law and Order League of Sunnyslde, and who disappeared from the town June 29. The situation in Sunnyslde Is serious, and It is feared' that officers will have to be stationed there to see that no outrages follow, the fanatical hatred felt by the Nicolai faction toward the more liberal section of the community. The Nicolai adherents either are or pretend to be convinced that the missing man has been either murdered or abducted, while the liberals assert that there is ample evidence to prove that the man has left of his own accord and gone to Alaska. Assessment Rolls Show Increase. " MONTESANO. Wash., Aug. 8. (Spe cial.V County Assessor Carter has fin ished the tax rolls of Chehalis County for 1907. which show an increase in per sonal property valuation of $778,299. To the rolls have been added 6239 'acres of land, which will make the total increase in valuation over $1,000,000. NiiMiiniiiiis!! WANT SLICE OF THE PROFITS Warehousemen Raise Rates Because Increase in Cost of Operation. TACOMA. Wash., Aug. 8.--(Speelal.) L. G. Pattullo. department manager of Balfour, Guthrie & Co., today stated that the Eastern Washington warehouses are justified in advancing their charges from 60 cents to 75 cents a ton, owing to the increased cost of operation. "The farm ers are crazy to make a fuss about this Increase in charges," stated Mr. Pattullo. "The warehouse man Is entitled to a profit as well as the grower. If wheat was down to 40 and SO cents a bushel, the grower would have some ground on which to kick. But wheat Is not." WILL.--.. - '.-.. MAKE THE RECORD? T)RESENT indications point to the fact that the sales -L of the August number of Sunset Magazine will surpass those of any other magazine for any one month in the history of Portland. THE reasons for this are plainly apparent. To be a remarkable seller a magazine must have fascinating stories. Check for August Sunset. It contains a prize story, "The Garden of Content," and "In a Crevasse"---a story that is being widely discussed in Portland on account of its problematical ending. It is a good, up-to-date love story. To sell, a magazine must have splendid illustrations. Check for August Sunset, which contains 16 full-page illustrations in two colors. These beautiful illustrations form a combination that has never before appeared in any magazine at one time. They represent the choicest work of four famous photographers of the Pacific Northwest. To sell, a magazine must have articles of more than ordinary interest. Check for August Sunset. It contains five articles that will appeal to everybody. "A Goal for Young Men" is au article that every young man in the country should read. It is a present day study of Port land. Send this number to friends in the East to show them the remarkable progress that Portland is making. The articles on "The Pacific Northwest," "Feathered Foragers," "Millions in Trees," "The Passion Play at Santa Clara," and "Oregon's Diversified Farming" 11 . ' r 1 i are an out or tne ordinary and beautifully illustrated. AHIS number is "snappy" and wide-awake. It is full of interest. It is a good number to keep for reference. It is a number to while away Summer hours. It is a number to send East. If you are ever interested in magazine literature, you'll be interested in this August Sunset. " ' BUY A COPY NOW BEFORE IT IS TOO LATE. THE SUPPLY IS LIMITED. jimMFI:iIIiiiiii!IIP :.':"a,.,,.-.' -.:vc-w. ;;' ".' ': " .-r. ,,.v." ' '.:. ' ' ' " , - " gnnnnn'iiunim uniiusinuiH B U u E3 3 E3 BILL" MINER AT LARGE NOTORIOUS TRAIN ROBBER DIGS OUT OF PRISOX. Was Serving Lire Sentence In British Columbia Penitentiary Es capes Into Woods. NEW WESTMINSTER, B. C, Aug. 8. (Special.) "Bill" Miner, noted train robber and C5 years of age, has again secured his liberty. Miner, with three men, McCloskey, Clark and Woods, all light-sentence menv. successfully made tfcelr escape from the.Brltieh Columbia Penitentiary yards here this afternoon. Miner was sentenced for life a year ago for robbing the Canadian Pacifio Railway train near 'Kamloops. He took hls sentence quietly and ap peared to be resigned to spending the remainder of his days behind the bars. He was so quiet and contented that vigilance was relaxed on him as time wore on. But the faring was still In him, and this afternoon he, with his three associates, dug a hole under the fence in -the brickyard of the peni tentiary, - where they were working, and successfully got away without any alarm being given until an hour after the escape, and then the alarm came from the outside, where some children saw the men running to the woods. It is believed the men had assist ance from the outside, as some suspi cion has been attached to visitors In the neigtioornood or jate. uetecuves i are confident that Miner will not be taken alive. TAKE ADVANTAGE OP IiAX LAW Home Company's Lines Ony One to Be Placed Underground. OREGON CITY. Or., Aug. 8. (Special.) In the passage of an ordinance providing that on Main street wires for the trans mission of electric light and power and telephone and telegraph wires must be placed under ground, the City Council has left a loop hole through which nearly all of the companies operating here will escape. The Home Telephone Company was the first, to. comply with the ordinance, but It la possible that no other concern will go to the expense of Installing conduits for an underground system. The ordinance permits the stringing of overhead wires on streets running into Main from east and west and also on streets running parallel to Main street and it Is expected that both the Portland general Electric Company and the Pacific Telephone and Telegraph Company will take advantage of this provision of the ordinance. Killed While Hunting Deer. COQUIL.LE. Or.. Aug. 8. Frank Bar rows, of Bardon, was accldently killed while hunting in the mountains of Curry County on Saturday last. He and a com panion were packing a deer to camp. Bar rows had the two guns, and in climbing over a log, slipped, and one of the guns was discharged, the bullet entering his body and causing death in a few mo ments. Barrows was an old settler, aged about 45 years and well liked. Metzger & Co., opticians. 342 'Wash, st