Morning Oregonian., January 23, 1908, Page 11, Image 11

THE 3J0KXISG OREGOXIAX, THURSDAY. JANUARY 23, 1908.
11
NEW GRDUND FOR
DEMURRER FOUND
Bankers Plead Informations
Not Filed Before Expiration
of the Court Term.
OLD MOTIONS OVERRULED
desertion. The couple married at Oak
land, Cal., December 21. 1904. Mrs. Ran
kin is said to have deserted her husband
January 5, 19OT. ,
Judge Cleland 'Decides Grounds Al
leged "ot Sufficient for Quash- '
ing of Indictments Defend
ants May Plead Saturday.
Unless they can quash the informations
against them on other grounds than
those already presented, J. Thorburn
Rosa, T. T. Burkhart. Georpe H. Hill and
John H. Altchison, ' the Indicted officials
of the Title Guarantee & Trust Company,
-will be tried for their alleged crimes.
Judge Cleland decided yesterday morning
that the motions to quash the informa
tions could not be granted, as there was
no ground for quashing.
The reasons for declaring the Informa
tions void, as urged by "Wallace McCam
ant and Harrison Allen for the defend
ants, were that the names of -witnesses
examined by the District Attorney were
not entered on the Informations, that
they were examined during the holidays,
that other persons were present during
tiie examination, and that the Informa
tions were not filed before the expiration
of the first term of court after the in
dicted officials were bound over to the
Circuit Court from the Municipal Court.
This last ground for quashing was not
brought forward last Friday, but Attor
ney Allen obtained permission to file a
motion covering this point, which will be
heard .Saturday. Judge Cleland said,
however, that he would hold that the
January term, when the informations
were filed, was the first term after the
defendants were bound over.
The defendants have been allowed until
Saturday In which to plead, and will
probably come into court to tell of their
nlleged crooked deals some time In February.
REAITX1 DOCTORS ARE BLAMED
Frank Kublk Answers Ills Wife's
Complaint for Divorce.
Frank Kubik, a contractor, filed In the
Circuit Court yesterday his answer to the
romplalnt for divorce lodged against him
by his wife, Mrs. Hattie Kublk. in which
she alleges that ho threw hot potatoes at
her. This he denies, and says that her
fad for the beauty doctors has brought
about all the unhapplness. Ho says her
visits to the beauty doctors were too fre
uuent, and that he' opposed them, but
finally paid the bills when his wife told
him how she could have her neck round
ed out, the lines of her face smoothed
down, and her hands made more shapely.
Answering her allegation that he used
profane language, he says that her nag
ging was the cause. He admits he
slapped her once because she commented
In uncivil language on the fact that he
had winked at a woman in a street car.
He says he is worth only $5000 instead of
Jio.ooo, and asks to be granted the divorce
on his own account.
Howard T. Rankin has filed suit In the
Circuit Court against Reina De L,. Ran
kin to obtain a divorce on grounds of
COXTICTS WHOLESALE THIEF
Jury Finds V. A. Haley Guilty of
Stealing Structural Iron.
William A. Haley was convicted before
a Jury in Judge Gantenbein's depart
ment of the Circuit Court yesterday of
Btealing twenty tons of structural iron
from a vacant lot at Ninth and Davis
streets. Judge Gantenbein sentenced him
to serve three years In the State Peni
tentiary. The testimony showed that
Haley hired a number of trucks from
the Pacific Transfer Company and had
the Iron hauled to Leech Brothers'
foundry.
The Iron was the property of W. H.
Moore, Emil Schacht, Frank Litherland,
Alex Sweek, A. N. Willis and R. A. Pres
ton and was purchased for use in a new
building. Haley said In defense that
he bought the iron of Moore for J20O, but
could not prove his story.
SHEPHERD JOKES
WITH COUNCiLMEN
Trial Ends Abruptly.
The suit of McKinley Mitchell againsy
Herman Kiaber, Fhillp won ana max j.
Xetter was dismissed yesterday when
the litigants came to an agreement In
the heat of the trial. The plaintiff sued
for $617 on a hop contract, and the de
fendants set up a counter claim of $1776.
Half the testimony was taken before a
jury in Judge Bronaugh's department of
the Circuit Court, when the compromise
was effected.
Sivener Is Bound Over.
Joseph Sivener was bound over to the
grand Jury yesterday on a charge of swin
dling. He is brother-in-law of Melville
Bradley, who killed Patrolman J. W. Git
tings a few weeks ago. Slvener's accuser
is a saloonkeeper, who says Sivener se
cured money from him on a worthless
check.
Drunken Lodger Drives
Ont Landlady
Mr". Wblttle Obliged to Remain
Out ThrM Hours In Cold. Partial
ly Clothed, While Sot Holds Poa-eslon.
MR3. M. E. WHITTLE was compelled
to sit out from 10 o'clock Tuesday
night until 1 o'clock yesterday morning
because a drunken roomer at her home,
322V4 First stroet, had taken violent pos
session of the premises and refused to
permit her to enter. The drunken man
beat her viciously before driving Mrs.
Whittle out of the place.
Being only partially clothed, she was
unable to go in search of a policeman
and various male pedestrians declined to
assist her in ejecting the bellicose drunk
ard. It was nearly 1 A. M. and Mrs.
Whittle was next to frozen when her
'assailant, A. I Frank, quit; the place
voluntarily.
Mrs. Whittle went to the police sta
tion yesterday forenoon and told of her
experiences, with the result that a war
rant was issued for the "arrest of Frank
on a charge of assault and battery. The
police had not far to search, for the
fellow had been picked up while stag
gering about the streets after leaving the
Whittle home. The. charge of drunken
ness against him was changed to that Of
assault and battery, on which charge
Frank will be tried in the Municipal
Court today.
Lawyer Likens Mayor and City
Fathers to Grafters Ruef
and Schmitz.
ACCUSED TREAT IT LIGHTLY
Kavanaugh Asks Time.
City Attorney Kavanaugh yesterday
asked the Council for and was granted
further time In which to prepare an
ordinance regulating the use of fenders
on the street cars of the city. He was
to have reported the ordinance yester
day, but said he must have more time.
Only Rushlight Makes Heated Re
ply Entertaining Dialogue Over
Inman-Poulsen Company's Oc
cupancy of City Property.
Mayor Lane, the member of the Citv
Council and the people of Portland were
likened to - Schmitz and Ruef during a
session of the Council yesterday after
noon by George S. Shepherd attorney
for the Inman-Poulsen Lumber Company.
His characterization was evidently taken
as a jest by some of the members, as
only Councilman Rushlight answered him
at all heatedly. Mayor Lane, who was
presiding, did not reply to the remark,
which was made while the petition of
the Inman-Poulsen Lumber Company for
the vacation of certain East Side streets
was under discussion. The petition was
finally referred to the streets commit
tee, and the date for action was set as
February 26, against which Mr. Shep
herd, counsel for the company. - fought
hard.
Mayor Lane has demanded that come
action be taken to -compensate the city
for the several streets occupied by the
large plant of the Inman-Poulsen Lum
ber Company. He suggests rental, on a
lease, if it Is deemed unwise to force the
corporation to vacate, but he strongly
believes some consideration should be
given for the use of what he declares to
be public property. Mr. Shepherd, for
the company, denies the right of the city
to act, on the theory that the streets,
so called by Mayor Lane, were never
dedicated, and that no rental can be le
gally collected or any lease entered.
What It Was All About.
There Is a certain tract of ground
owned by the mill company which has
been offered to the city as an exchange,
and it was when this matter was being
discussed that Mr. Shepherd likened the
officials and citizens of Portland unto
Schmitz and Ruef, in holding up the
French restaurant-keepers . of San Fran
cisco. "The action of the Council and city In
this matter Is about the same system as
was used by Schmitz, In San Francisco,
when he went before the license com
mittee and threatened to have the li
censes of French restaurants revoked,"
said Lawyer Shepherd. "However, the
California courts have decided that this
was lawful. The city has no rights In
the premises, relative to the Inman-Poulsen
Company, as the streets were never
dedicated, and the city cannot, therefore,
exact rental or force the vacation of the
streets by the company, which has used
the streets for IS years. I have come to
the conclusion that a public graft Is no
better than a private graft:"
"May I ask when you came to that
conclusion?" spoke up Councilman Kella
hef. There was laughter, as Mr. Shepherd
formerly sat as a member of the City
Council.
"I would like to ask you, Mr. Shep
herd, why you are here. If the city has
"Open All the lime"
ABSOLUTE
SAFETY
OFFERED
DEPOSITORS
No interest paid on
commercial accounts or
daily balances.
INTEREST
Paid on Term Savings
1 Accounts
By the old gold tried
and tested
German-American
Bank
Corner Sixth and AMU St,
Opposite Oresonlan.
no rights in the premises?" said Council
man Vaughn. t
"Because I got a letter from Mayor
Lane, there, telling the company to get
out," quickly replied Mr. Shepherd.
"Just let me correct you," replied
Mayor Lane. "You have no such letter:
I never said you must get 'out. What I
said was that I desired to know by what
right or title the Inman-Poulsen Company
held the property of the city."
"I take the effect of things," answered
Mr. Shepherd. ' "I'm a blunt man, less
nnlltA than Mavor Lane''
"Would the company 'accept a permit
from the city to occupy the streets
where Its mill is located during the of
ficial life of this Council?" asked Mayor
Lane of Mr. Shepherd.
"Yea. I think the company would." was
the reply. "The company will do any
thing reasonable."
Plot Offered In Trade.
Speaking of the plot of ground once of
fered by the company in exchange for the
streets now occupied by the mill, Mr.
Shepherd said "we will give that little
Dlot to the city, to use for a duckpond.
a crematory or anything the city may
determine. "
"You have called the Mayor and Coun
oilmen grafters, and likened us to Schmitz
and Ruef," heatedly replied Councilman
Rushlight, in whose ward the mill is lo
cated, "but we are here to protect the
interests of the city. You say we are
grafters, like the San Francisco men:
well and good; we'll let that pass, but
we will look out for the Interests of the
city while we are here. Now, you men
tioned putting a crematory on tnat plot
you propose to gflve to the city. I will
oppose a crematory there, unless it would
be to erect one for the purpose of cre
mating a few of the mossbacks that do
business there. If that Is the object of a
crematory being put up there, I favor it.
as we need to cremate some or tnem.
The Council then voted, against Mr.
SEATTLE EXPOSITION SENDS FIRST DESIGN FOR
FLOAT TO BE ENTERED IN ROSE FESTIVAL PARADE
VV wil I of
4 v: & j
p
: : v. - :?S :
J PROPOSED FLOAT TO BE BUILT FOR PORTLAND ROSE FESTIVAL BY ALASKA-YUKON-PACIFIC EXPOSITION
W ARE
OW SCOOP! OUT GROCERIES!
Don't be blind to your own interests you can just as well have a bunch of free groceries every
week as not. I am no kicker I believe in Portland I believe in her people and if we all
would go ahead and DO TRY WORK to the best of our abilities instead of getting seared
until we imagine we can see the shadow of the poorhouse agates there would be no hard times.
I say, help yourself to the best of your ability if you don't, nothing will be doing. That's what
I think and what I am doing.
The proposition for this week only is absolutely as follows: "We give you groceries free equal
to the amount of purchases from us in our main store or merchant tailoring department. I want
you to know that I have opened the FAMOUS GROCERY DEPARTMENT and also that I have
opened up the largest MEN'S MERCHANT TAILORING DEPARTMENT in Portland, .and
GROCERIES GO FREE with the MENIS TAILOR-MADE SUITS, just the same.
J. M. ACHESON.
THE first design for a float to be en
tered in the All-N'orthwestern pa
rade of the Rose Festival to he held
1 t-rc next June has been presented by the
management of the Alaska-Yukon-Paclfio
Kx position, a reproduction of which Is
;iia herewith. Seattle was the first
viiy In the Pacific Northwest to offer
male-rial assistance to the Festival As
Kuciation. and he accompanying drawing
is evidence of the interest the Puget
Sound metropolis is taking in the plans
of the big jubilee.
' It is not hard to recognize In the pre
liminary sketch the official seal of the
A.-Y.-P. Exposition, for it embraces the
Oriental maiden holding the steamship in
her hand, the Western maiden with the
railroad train in her hand, and "the femt
nnie type with both hands laden with
golden nuggets, to represent the Far
North. Living figures will represent
these characters as well as that of the
figure of Columbia at the right of the
design. -.
The aurora borealis and the 'American
flag are to be brought out prominently
through electrical effects, which the ex
pert float-builders will arrange. In case
this design Is accepted. It will be dis
cussed by the executive committee this
afternoon, and final action taken.
The festival rose planting committee
consisting of the following citizens will
confer with the Park Board at the regu
lar meeting -at 10 o'clock this morning,
for the purpose of arousing Interest in
the plans of the Festival Association:
Dr. Emmett Drake. L. G. Clarke, William
McMurray, F. V. Holman. 9. B. Sibson
F. Dresser, B. B. Piper, and E. W. Rowe.
This committee will endeavor to secure
the support of the Board of Park Com
missioners in the plan to have all plaza
blocks planted with roses this Spring.
The. transportation building at the
Lewis and Clark Fair Grounds was
leased yesterday- by the Rose Festival
Association and will be used as a work
shop for the building and storing of deco
ratlve. floral and electrical floats which
are to appear In the various festival
street parades.
Ladies' Coats
Just think a $15.00 Lady's Coat for
$6.95
And your money back in groceries.
Caracul Coats -
Values up to $27.50, for
$9.75
And your money back in groceries.
Golf Gloves.
Regular 65c values
30c
And your money back in groceries.
Bath Robes
$5.00 values
$2.25
And your money back in groceries.
Belt Buckles
- Values up to $3.50
$1.65
-And your money back in groceries.
Underwear
Jersey-ribbed Wool, regular $1.50 value
79c
And your money back in groceries.
Children's Coats
Values up to $10.00
$3.95
And your money back in groceries.
Waists
In silk, wool and net, values up to $7.50, for
$2.85
And your money back in groceries.
P. D. Corsets
Regular $5.00 values
$2.15
And your money back in groceries.
Ladies' Suits
In black only, values upto $37.50
$14.75
And your money back in groceries.
Furs
$3.25 black Coney Neck Furs for
95c
And your money back in groceries.
Every Article at Clearance Sale
Prices and Your Money back
in Groceries
SATURDAY ONLY
People paying money on account will be entitled to Groceries
' the same as purchasers
Wholesale
and Retail
J. M. ACHESON GO
Cor. Fifth
and Alder
Shepherd's protest, to refer the petition
to the streets committee and to take defi
nite action February 26
SELCTION NOT ACCEPTED
SQTJABBIiB OVER POLICES SUB
STATION SITE BEGINS.
terday afternoon, during the session of
the Council, but was quickly put back,
and none of the Councllmen who have
championed the cause of Macdonald tried
to put it on final passage. Councilman
Vaughn has fought the bill all the time
on the ground that it Is Illegal, as the
appointment was Irregular.
Councilman Menefee Objects to
Committee's . Report and New
Bids Are In Order.
Tt In evident that there is to be a
determined fight over the selection of a
site for the proposed East Side ponce
substation. When the report of tne
committee on ways and means came up
for action at the meeting or tne city
Council yesterday afternoon. Council
man Menefee declared that the selec
tion of the half block at Eighth and
Hancock streets by the committee was
a mistake: that it was a poor location,
and that there was no (rood reason for
placing it there. He moved that the
Council authorize the purchase of the
property at Union -svemie and Han
cock street, recommended by the po
lice committee of the Executive Board.
The matter was finally referred to the
committee on health and police, and the
whole matter is to be gone over once
more. New bids are now in order if
any one dares offer them.
The reference to uie committee on
health and police, which virtually
means that a new site will be selected,
angered William Reldt, who controls
the half block recommended by the
ways and means committee, and he
asked the privilege of addressing- the
members of the Council, which was
granted. In a very loud tone of voice
he began to upbraia Mr. Meneiee and
others who disagreed with him on the
location and price, but was stopped
by Mayor .Lane, who said:
"Mr. Reldt, before you proceed fur
ther, I will remind you that there is
no one in this room who is deaf."
Mr. Keidt then calmed down In
sound, but not In sentiment, and ended
by Insinuating that Councilman Mene
fee was directly interested in the site
at Union avenue and Hancock street.
which charge Mr. Menefee emphatical
ly denied. .
Councllmen vaugnn. Rushlight. Wal
lace and others favored the site recom-
ended by the ways and means com
mittee, but a good deal of considera
tion was given Mr. Menefee. as he
represents the ward in which the sites
offered are situated. He said there is
already much opposition to the plac
ing of the substation at Eighth and
Hancock, and believed It the better
way to purchase the site recommended
by the police committee ot the Execu
tive Board, although it is valued at
1150 more than the other property and
is only" hair as large.
He said he believed the police should
be given what they want. Inasmuch as
it is their duty to conduct the police de
partment. ,
. MacDonald Still Waiting.
The ordinance providing for the salary
of James Macdonald, who worked one
year as bailiff in the Municipal Court
without receiving a cent from the city.
Is slumbering "on. the table," and the
Councllmen who are responsible for the
condition evidently do not dare take it
from ths table. It was called up yes-
"No-Seat-No-Fare" Bill.
An ordinance intended to compel the
Portland Railway, Light & Power Com
pany to furnish sufficient cars to give
every passenger a seat, or to carry free
those who are forced to stand up, was
Introduced in the Council yesterday by
Councilman DrlscolL The measure was
referred to the City Attorney and the
committee on Judiciary. Councilman
Rushlight worked for a long time, gath
ering data relative to this ordinance,
and the material upon which the pro
posed measure is based was secured by
mm. He is a strong advocate of the
"no-seat-no-fare" measure.
' Will Get Hard Pavement.
Property owners along Belmont street.
from East Thirty-fourth to East Thirty
ninth streets, have secured favorable
action by the City Council on a petition
for a bltullthlc 'pavement. The petition
was presented to the Council yesterday
afternoon and was passed.
MAY REOPEN FEBRUARY 1
Merchants National Bank Officials
Urge Depositors to Act. v
Hopes are entertained by J. Frank Wat
son, president of the Merchants National
Bank, that depositors in that institution
will be prompt enough In exchanging
their demand deposits for time certifi
cates to allow thebank to resume busi
ness by February 1. This can be accom
plished if creditors come In at once with
their pass books and accept the certifi
cates. "We should like very much to make
the reopening date: February 1," said
President Watson, "but we may not be
able to do it. In fact unless depositors
come in promptly, we cannot open the
bank for business again until some indef
inite time during the next 30 or 60 days.
We are very much In hope, for the good
of all concerned, that we can resume
February 1 but we are not yet assured of
this."
RISER CALENDARS 10c VP.
Halfprice while last. 248 Alder.
I
mi
Ev,
JL La 3za
The only Geauine
PE31RQUS PLASTER
12
ALL OTHERS ARE IMITATIONS.
WTV'J
Brandreth's Pills
Tht Great Laxativi and Blood Tonic .
NONE BETTER MADE
Established 1752
S3
1
m
13
jigs;
jiwui, jiijty w'HwiisM,t!iii imiu ifn fjMMmv'.lv'mmm
QUALITY ELASTIC GOODS
Supporters of all kinds. Bandages, Knee
caps, Anklets, Elastic Stockings, .Trusses,
Body and Shoulder Braces, all made to
your measure. They, fit, and outwear all
others in their classy Experienced grad
uate lady nurse, and gentlemen fitters.
Free measurements at your home.
. Write, Call or Phone Main 6275, A3915.
GinneverS Whittlesley Mfg.Co.
64 Sixth St., between Oak and Pine.
Portland, Ortgon