Morning Oregonian., February 06, 1908, Page 10, Image 10

10
THE MORXIXG OREGOXIAX, THURSDAY, FEBRUARY 6, 1908.
HENEY MAKES A
T
Marshals All His Evidence to
. Show That John H. Hall Is
Guilty of Conspiracy.
DEFENSE ANSWERS TODAY
Government Prosecutor . Declares
Itecreant District Attorneys Are
Menace to the Kepublic Court
Stops Applause or Audience.
TODAY'S 1'IMXiRAMME IN. HALL
TRIAL.
Francis J. Heney.. for the Govern
ment, yesterday made his opening
argument to the Jury in the John H.
Hall conspiracy case. Jude "Web
ster, for the defense, will begin his
final argument at 10 o'clock this
morning and will probably take the
entire day In submitting the case
for the defendant. Mr. Heney will
follow either late this afternoon or
tomorrow morning and will occupy
about two hours In closing for the
prosecution. Judge Hunt will then
deliver his Instructions to the jury,
which will probably retire tor de
liberation some time Friday after
noon.
In the failure of recreant prosecuting
officers equitably to enforce tlie laws, the
permanency of a republican form of
government is threatened seriously,
charged Francis J. Heney in his opening
argument before the jury in the John H.
Hall conspiracy case yesterday. The fact
that men of wealth, position and influ
ence frequently escape prosecution for
flagrant violations of the laws of the
land, insisted the Government's prosecu
tor, makes only for anarchy, especially,
when immunity from prosecution is pur
chased by political Influence. This pro
tection of the more aggressive violutor
while the "emailer fry" are made to
suffer the penalty for infractions of the
law, charged Mr. Heney, is rapidly de
stroying confidence In Justice as it Is
administered under the statutes of the
country. That confidence can only be
restored and preserved by enforcing the
laws without fear or favor against all
persons. But, declared Mr. Heney, the
present system cannot be improved while
united States Attorneys continue to be
appointed by the President on the recom
mendation of "crooked Senators" and
devote their time as prosecuting officials 1
playing politics rather than discharging
their sworn duty by enforcing the laws.
The act of 1SS5. continued Mr. Heney.
was passed because there were too many
"John H. Halls" in Montana. Idaho,
California and Oregon, who were per
mitting rich and influential men, po
litically, to fence up thousands of acrrs
of the public domain and never under
took to prosecute them for their viola
tions. It was pointed out by the -Speaker
that the Supreme Court of the United
States In the "Canfleld case," decided
recently, that without the law of ISffi,
I'nlted States Attorneys had the right
to prosecute persons for inclosing Gov
ernment land unlawfully under the gen
eral statutes which enabled the Govern
ment by its legal representatives to pro
ceed against all trespassers; that the
statute of 1S85 was enacted for the sole
purpose of making it compulsory of
negligent Prosecuting Attorneys to insti
tute proceedings whenever an affidavit
complaining of an unlawful ' fence was
filed in their office. The same law pro
vided both fine' and imprisonment for per
sons who defied the Government and re
fused to abate their illegal obstructions.
That Congress was in earnest when It
passed the law In 18S5, Mr. Heney con
tended, was apparent from the' fact that
President Cleveland Immediately issued
a proclamation instructing all United
States Attorneys vigorously to enforce Its
provisions.
Charges: Hall With Delinquency.
Mr. Heney charged that Hall failed
at any time to prosecute his political
friends or those who could exert a
sufficient political influence to insure
for them immunity. Smaller vrolators,
who found themselves without that
strange and effective protection, found
themselves prosecuted both civilly and
.criminally. At" the same time, the
Butte Creek Company, one of the-most
extensive violators of the anti-fencir:g
law in the State, was not so much as
ordered to take down its fences. Hall,
alleged the prosecutor, . became active
against the smaller fencers in '1902
only when he was instructed-to do so
by the Secretary of the Interior, fol
lowing complaints from settlers, and
for the further reason that at that
time he was currying favor with the
Interior Department in the interest of
his reappointment to the office of Uni
ted States attorney.
In 1903, continued Heney, Hall even
proposed to Fulton that the latter use
the office of District Attorney to help
him in his Senatorial candidacy, but
Fulton refused to make such use of
the position. But Hall believed in
such deals, said Heney, and In 1899,
when he was seeking to find some way
to have dismissed the indictment
against Burke and Goslin, charging
subornation of perjury, he (Hall) ap
plied to the United States Attorney
General, believing that even that high
office was susceptible to political pull.
It is the barter and trade of this office,
declared . Heney, that takes parasites
to Salem at every session of the State
legislature and makes possible the
appointment as assistant prosecutors of
such men as W. W. Banks, who, on the
last night of the 1903 session, cast a
vote for C. W. Fulton as United States
Senator.
The Duties of Jurors.
In concluding, Mr Honey commented
on the sacred and Important duty of a
Juror, who, in discharging his office,
owed It to his courrtr.y not to be
swayed by social or political promi
nence of the alleged evil-doer. It was
incumbent on him to see that the laws
of the land are fearlessly and Impar
tially enforced. Mr. Heney announced
that before he closed his argument
to the Jury he would discuss bricfly
the Thayer frauds in Tillamook County
and Hall's relations with ex-
Special Agent Loomis In connection
with the Putcr-McKinley-Ware frauds
in the famous "11-7" cases.
Judge Hunt yesterday excluded from
the evidence in the case the paper that
had been offered as an exhibit show
ing the) signature of George C. Brown
ell s nffme by Henry Meldrum. The
purpose of introducing this exhibit
was to show that the alleged signa
tures of Brownell to fraudulent sur
vey applications were forgeries. Mel
drum having made a written confes
slon to the effect that he had signed
Firownell's namo to the papers. As a
result, Mr. Heney will probably not
discuss the Brownell Incident in his
final argument. It was the alleged
5TH0NGARGUMEN
signaturo of those records by Brownell 1
that constituted the basis of Hall's
alleged intimidation of the Clackamas
County Senatdr and because of which
the latter .explained he withdrew as
a candidate to succeed Hall as United
States Attorney in 1903.
Nature of the Conspiracy.
Mr. Heney began his address 'at 11
o'clock yesterday morning and did not
conclude until after 5 o'clock in the aft
ernoon. He said that the indictment un
der which Hall- was being tried charged
conspiracy: that Hall had conspired
with Stelwer. Hendricks, Zachary,
Loomis and others to maintain an un
lawful fence. It . was explained that it
did not devolve on the prosecution to
prove the .existence of a written agree
ment between Hall and his alleged co
conspirators; that -it was only necessary
to show that a tacit understanding ex
isted between Hall and the other parties
by which ' the fence was permitted to
remain, Hall refraining from prosecuting
those who erected the fence, although
he had a knowledge of the enclosure.
Step by step Mr. Heney. took up the
evidence as it had been offered by the
Government.' Beginning with the first
letter from E. A. Putnam to Hall in
March. 1900, notifying the District Attor
ney of the Butte Creek Company's fence,
the. different links of the Government's
case were taken up consecutively. It
was shown that nothing was done by
Hall towards- removing the fence until
late in 1D03, and then only after com
plaints had been filed with the Interior
Department, which had detailed Special
Agent Dixon to make an investigation
of the fences of the Butte Creek Com
pany. Continuing, Mr. Heney showed by the
correspondence that passed between Hall
and Putnam that the District Attorney
apparently was Interested and intended
to take steps to cause the removal of
the Butte Creek Company fences until
May 7, 1900, ; when Hendricks, secretary
of the company, and at that time United
States Commissioner, called on Hall In
Portland. Mr. Heney referred, to the
conversation Hendricks testified lie had
held with Hall st that time when he said
he suggested that Steiwer was a candi
date for State Senator at the coming
June election, and Intimated that Hall
might control Stelwer's vote for Senator
by holding over him as a club a threat
ened prosecution for maintaining an tin
lawful fence. That an understanding
among the parties actually existed, fol
lowed Heney, was further evidenced
from the fact that following Steiwer's
visit to Hall's office in Portland In the
Fall of 1900, following Stelwer's election
as State Senator, Putnam and his neigh
bors were unable to get any satisfaction
out of Hall In response to repeated re
quests that some action be instituted
against the trespassing company.
Course of t?ie Alleged Conspiracy.
Mr. Heney traced the alleged conspir
acy to the session of the 1901 Legislature,
where Hn.ll on several occasions re
minded Steiwer that the unlawful fence
maintained by his, Steiwer's company
was?till up and should be removed. If
Hall did not have an understanding with
Steiwer and Hendricks that the fence
should not be disturbed, inquired Heney,
wny aid lie not even' as late as 1901 bring
a suit that would compel the removal of
the enclosure? Ever since the early
Spring of 1900. Hall had in his office all
of the necessary evidence on which to
base a suit against Steiwer's company.
rinaiiy, . in the Summer of 1903.
Heney referred to the fact that
Special Agent ' Dixon, who had been
assigned by the Interior Department,
reported on the Butte Creek Com
pany's fences and recommended the
arrest of Steiwer and Hendricks, offi
cers of the company; also Balrd,
Uownsend and Huntley,, three settlers
who had from 200 to 800 acres of
Government land enclosed. It was
tnen, said Mr. Heney. that F. P. Mays,
attorney for' the Butte Creek Com
pany, cafled on Hall and afterwards
imtuced 1' ulton to do likewise and
interceded for Steiwer and Hendricks,
insisting that a civil and not a crim
inal suit be brought against them.
Fulton afterwards wrote to Steiwer
detailing the success of his interview
with Hall and assuring Steiwer that
he need have no fear of a criminal
prosecution. Later, when the indict
ment had been returned, Fulton re
covered the letter from Steiwer. As
a further evidence of the allesred un
derstanding between Hall and Steiwer,
lieney recalled that Steiwer at the
1903 session of the Legislature, on the
final ballot went over to Fulton and
with the addition of one or two other
votes, accomplished Fulton's election.
Audience Applauds Heney.
At yesterday's sessions the court
room was uncomfortably crowded by
an Interested audience, many of whom
remained standing throughout Heney's
address. The graft prosecutor during
his address late in the afternoon had
Just arraigned bitterly recreant pub
lic prosecutors for failing to enforce
the laws, when several in the audi
ence applauded. But the approval of
the vigorous denunciation of Inactive
prosecutors was short-lived for Judge
Hunt and Bailiff Humphreys rapped
sharply for order and Judge Hunt
gave explicit orders to the officr8 to
arrest for contempt of court any one
who should make a further demon
stration. SENT TO COUNTY HOSPITAL
J. McDonald, Aged Indian Fighter,
rinds Kepublic c'ngrateful.
James McDonald, who faithfully sup
ported the Government during the trying
days of Indian warfare on the Pacific
Coast, will be compelled to spend the re
mainder of his days in the care of he
county, unless fate should turn in his
favor. He has been sent to the County
Hospital. .
When the Oregon country was being
settled up, between 1850 and 1S60. McDon
aid was wealthy, and furnished hundreds
of horses for the use of the mounted
troops during the battles with the Indians.
The Government never reimbursed , him
for his generosity, nor were the horses re
turned to him. He also advanced money
in large amounts to the men who were
fighting the aborigines, when the Govern
ment announced its intention of paying
the men off, but It is said that he never
received a cent for his pains.
According to the statement sworn to by
McDonald, and placed on file at the
Courthouse, he was born on Prince Ed
ward Island, and has no relatives here.
He is reported to be a brother to Premier
McDonald, of the Dominion Government.
LACE CURTAIN SALE.
See ad in today's Oregonian relative to
our great sale or lace curtains and cur
tain materials. SaIa sturta ti,ie mr,.n.
ins: Tromr! v at ft nVlnct Mniiinn -
McDonnell. "The Store Noted for Best
uooas at lowest Prices."
THEY ARE COMING.
Every day brings new tailor-made suits
ana coais ai x-aiais Koyal, 375 Wash
lngton st.
Fight Blocks Streetcars. '
A I . f. .l I T HO fl R li..
threw a glass of beer in the other's face
in a saioon late last night. Homer Town-
send ana jonn lates, both of this city
lepnircu iu me center ot State street and
engaged In a public encounter, which
lasted for nearly half an hour. ' A large
crowd was attracted and streetcar and
other traffic was blocked while the battle
was on.
COURT APPROVES
MERGER PROJECT
German-American Bank Given
Permission to Take Over
Oregon Trust.
DOORS WILL OPEN SOON
Order Removes Greatest Obstacle to
Reorganization Scheme. Small
Depositors to Be Paid at Once.
Details of the Plan.
An order permitting the merger of the
defunct Oregon Trust & Savings Bank
with the German-American Bank was
granted by Judge Gantenbein yesterday
in State Circuit Court. The decision, of
the court approves the petition origin
ally submitted by. Receiver Devlin, with
such modifications as have been sug
gested from time to time by the court
or by attorneys for the two banks and
other parties in interest. The court's de
cision favoring the merger, though gen
erally expected, was nevertheless re
ceived with much satisfaction by Re
ceiver Devlin, President Reed, Louis J.
Wilde, and many depositors of the de
funct Institution, all of whom expressed
themselves as believing the merger near
consummation.
Receiver Devlin believes that the act
tual opening of the bank's doors need not
be delayed more than a week. Within
that time, he believes, all remaining de
tails may be arranged, directors chosen,
new books opened and business resumed.
Mr. Devlin has been confined to his
home by illness for the past two days,
but expects to return to the bank this
morning.
Contracts are now toeing prepared for
the signatures of the directorate of the
reorganized bank and Receiver Devlin
embodying the terms of the settlement
approved by the court. By the agree
ment, the German-American Bank will
take over the assets of the defunct Ore
gon Trust and meet all liabilities within
two years. It is understood that the
smaller creditors of the bank will be
paid off first. As soon as may be, all
having accounts of not over $25 in the
institution will be paid. Then those hav
ing accounts of not over $50 will be sat
isfied, and so on up to accounts of $100.
Must Approve Directorate.
Judge Gantenbein, in his opinion, spe
cifies that the new directorate of the
bank shall consist of not less than seven
reputable business men, . who shall be
approved by the court before the bank
resumes business. Furthermore, it is
provided that the receiver shall continue
to serve until the liabilities of the bank
are paid, but after the doors reopen the
receiver and his attorney shall be .paid
by the German-American Bank, and not
out of the assets of the Oregcfn Trust.
Judge Gantenbein sets forth that as a
going institution, the German-American
Bank will be able to get a fair price for
the bonds and other assets of the closei
bank, whereas if the liquidation is had
through a forced receivership, "only a
fraction of the value of these securities
can be obtained
"Moreover," says Judge Gantenbein,
"the creditors will have . an additional
guaranty of $409,278, representing the dif
ference between the assets and liabilities
of the merged institutions, according to
the detailed report of the expert account
ant now on file in this proceeding.
"The court fully realizes that it repre
sents all the creditors, and not only
those who were present at the meeting
of January 5, 1908, and at the session of
the court of February 1, 190S, but ac
cording to all fair rules of inference, it
must arrive at the conclusion that it Is
the sense of an overwhelming majority
of the creditors that the merger plan
should be approved. Moreover, the court
is thoroughly convinced that no better
terms ban be exacted from' the German
American Bank than those contained in
the order submitted to the court, that
the approval of the merger will clearly
conduce to the best interests of the cred
itors of the suspended bank, and that
they will thereby be paid dollar for dol
lar for their claims, within two years
at the latest. 1
"It is therefore ordered that the pe
tition of the .receiver be granted. Let
the order be entered."
i Will Turn Over Much Cash.
L. J. Wilde, president of the German
American Bank, says that institution is
all ready to turn over all its cash and
accounts to the merger. This will bring
to the new bank about $100,000 in gold.
Mr. Wilde has been, perhaps, the most
active promoter of the reorganization.
While he was in a position to Insist on
his people holding the control in the new
bank, he has not done so; on the con
trary, directors in the new bank will
Ladies' Tailor Sail Hugs Head
Saleswoman, and Is Fined $30
Miss Eva Fischell Has Employer Arrested and He is Found Guilty in the
Municipal Court,
jyp N EFFORT to embrace the comely
J saleswoman In his ladies' tailor-
ing establishment, at 411 Morrison
street, has gotten S. B. Sail Into a wide
variety of trouble, the chief item of
which was enforced attendance at the
session of the Municipal Court yesterday
forenoon. Sail was brought to under
stand In court that unrequited and un
solicited embraces are sometimes ex
pensive luxuries, for his offense cost him
exactly $30.
Miss Eva Fischell, a young saleswoman
of striking appearance, was the offended
party, and she told with many a blush
how Sail detained her after the other
employes had departed presumably to
discuss with her a question as to the
wages she ' should receive in the future.
Instead of entering on the proposed
business interview. Miss Fischell related
that Sail, who Is nearing 60, told her she
pleased him immensely, and that he
hoped she was beginning to like him.
Then he essayed to entwine his arms
about her neck, and succeeded in doing
So before she could effectively protest.
Miss Fischell said she had some trou
ble releasing herself. She left the place
at once and told of her experience to
relatives. This all occurred on Monday.
Tuesday she went to the City Attorney's
office and secured a warrant of arrest
for Sail. She felt that the conduct of
her erstwhile employer was an affront,
she said, for he assuredly could not be
sincere in his display of affection in
view of the fact that he is already mar
ried. Sail did not take the . stand or
formally- deny the charge in court.
He had his old cutter on hand,
and through the medium of In
terpreter Goldstein, the cutter said he
did not see any embracing done, but for
have options on a sufficient amount 'of
the bank stock to take the control out
of the hands of the telephone companies
and Mr. Wilde, the largest creditors.
Mr. Wilde, who was a stockholder in the
Oregon Trust & Savings Bank, was the
first to turn his stock In to Receiver
Devlin for cancellation.
District Attorney Manning has an ex
pert at work on the books of the Oregon
Trust, but it is not believed this fact
will delay the merger. It is expected
that his investigation will be completed
within the coming week.
This investigation was taken up at the
suggestion of Mr. Wilde, and Mr. Man
ning has undertaken the task at a time
when it will be least detrimental to the
reorganization movement. The District
Attorney has been friendly to the mer
ger plan, from the start. ' " v
WILLIAM H. SOULS NAMED
Appointed Member of State Sailor
Bonrding-House Commission.
SALEM. Or., Feb. 5. (Special.) Wil
liam H. Souls, marine reporter af The
Oregonian, was1 today appointed a mem
ber of the State Sailor Boarding-House
Commission. Mr. Souls succeeds Cap
tain Andrew Hoben, who resigned re
cently. The appointment was made by
the Governor, Secretary of State and
William H. Souls.
State Treasurer. The other members of
the commission are William MacMaster
and Amadee M. Smith. The duties of
the commission are to inspect quarters
and methods of business among sailor
boarding-houses and to issue licenses
under state regulations to boarding
house masters. Mr. Souls has an exten
sive acquaintance among shipping inter
ests along the coast.
TAXES AND REGISTRATION
Property-owners and Voters Flock
ing to the Courthouse.
Although it is, a good-natured crowd
that congregates in the tax department
of the Sheriff's office every day, there is
necessarily much waiting In line until
the 'first-comer's business is attended to.
Sheriff Stevens says a great deal of this
tedious waiting could be eliminated if
taxpayers would mail a request to Dep
uty Sheriff S. B. Martin, at the Sheriff's
office of the Courthouse, asking him to
send them statements of the taxes.
Yesterday morning Mr. Martin heard
some one shouting his name, and looking
up from his work, saw a middle-aged
man ' gesticulating outside the woven
wire partition. "Look here," he said,
"I'm tired of this sort of thing. I've
been standing her two solid hours, wait
ing for you fellows to get through with
those people ahead of me. I can't stay
hPre all day."
Deputy Martin called a clerk, who
asked. "Where is your property located,
Mr. Blank?"
"Why, you don't have to" have any
property to vote, do you?" was the sur
prised rejoinder. "I want to register."
County Clerk Fields now reports 84S4
registrations, of. which 6543 are Repub
licans, 1501 Democrats, and 440 miscel
laneous. There were 317 new names
added to the roll yesterday, 245 being Re
publicans, 54 Democrats and 18 miscel
laneous. Argument to Be Heard February 14.
Argument of the motion to quash the
informations against Ross, Burkhart,
and the other indicted officials of the
defunct Title Guarantee & Trust Com
pany, is to be heard before Presiding
Judge Cleland in- the State Circuit
Court on February 14. Another ground
urged for the quashing of the Jndlct
ment Is that it was not brought "dur
ing the three legal days in December,
when the holidays were declared off by
the Governor for the benefit of the
banks, and of which neither the bench
nor bar was informed until the lid had
been clamped down again.
that matter he left before Miss Fischell
did. Tlje cutter was especially puzzled
by the word hug.
'Did he hug her?" asked theDeputy City
Attorney repeatedly, but ' the old cutter
only shook his head and looked puzzled.
All efforts to. make him understand
failed.
"Did he do this to her?" persisted Mr.
Grant, entwining his arms about the
homely witness in a manner Indicating
the young prosecutor must at least have
seen such things done on the stage.
But even this vivid demonstration
failed to awaken the cutter's understand
ing, and the point was passed. When
submitted through the medium of the In
terpreter, later on, the cutter deniefd
having seen any of the movements de
scribed. Judge Cameron was not slow in reach
ing a conclusion. Walter Wolfe, Sail's
lawyer, wanted the case dismissed, hint
ing that an attempt had been made to
get money from Sail. But the court said
the ladies' tailor was clearly guilty of
technical assault.
"Such conduct as this towards young
women is altogether too common," said
the Judge. "When a case of this kind is
brought up it should be looked into, and
as the evidence shows that this man Sail
did attempt to embrace this young
woman against her wishes,' I intend to
punish him for It. He will pay a fine
of $30."
This was not the full extent of Sail's
trouble over the incident. It appears
that before the session of court a young
man whose name is not known, but who
is variously reputed to be the brother,
the uncle and the fiancee of Miss Fisch
ell. called at the tailoring establishment,
related his opinion of Sail to that indi
vidual and gave dramatic force to his
denunciation by a stiff Jab which hit Sail
in the chest and pained him considerably.
i
tr-
i
tf
- V
LIGHTING PROBLEM
FULLY DISCUSSED
Council Committee Meets With
City Officials and Agents
of Corporations.
GAS COMPANY WOULD BID
Makes Two Propositions to Councll
. men Klectrlc Company Adheres
to Original Offer More
Time to Be Asked.
Municipal lighting in all its phases was
discussed by the members of 'the .City
Council committee on street lights.
Mayor Lane, City Engineer Taylor. Os
kar Huber, representing the Portland
Railway, Light & Power Company, and
H. M. Papst. of .the Portland Gas Com
pany, at a meeting held in the City Hall
yesterday afternoon. Several proposi
tions were made, but nothing definite
was decided upon. George B. Cellars,
the chairman, announced at the close of
the session that the committee would re
port progress at the next Council meet
ing and ask for further time to Investi
gate. No" recommendation will be made
until the matter has been given thorough
consideration.
It is proposed by the Portland Gas
Company that the city purchase orna
mental steel combination electric and gas
light poles and install four of these to
each square- block. Having completed
this task, the municipality would then
call for bids from all electric and gas
light companies for one year only. Mr.
Papst announced that, his company
would be willing to bid for the city light
ing on this basis, or it would install the
lamps and furnish light also, should the
officials deem this better than the other
plan. He asserted that the cost would
be no greater, and probably would be
less, than now incurred for the electric
lighting.
'Huber Makes Statement.
Oskar Huber, who is constructing en
gineer for the Portland Railway. Light
& Power Company, declared that his
company would not consider a bid for
the city lighting for less than a five-year
term, under present conditions.
"I want to be fully understood by the
committee," said Mr. Huber. "I don't
mean to infer that my company will
leave the city in darkness; it will not
do that. I make this statement so that
you gentlemen will know we are not try
ing to bluff you into another contract.
But we cannot take the contract for less
than five years, as conditions are. If the
city should . decide to Install its own
plant, to set up its own poles and string
its own wires, the Portland Railway,
Light & Power Company would be will
ing to furnish light on a monthly con
tract during the completion of the work,
but not at the existing rates. I am not
a philanthropist, but we will do the right
thing, whatever is decided upon."
Mayor Lane attended the committee
meeting by request, and seemed to favor
the proposition of Mr. . Papst. .It -is
known, however, that the Mayor would
like to see the city Install Its own light
ing plant. He declared yesterday that a
statement by Mr. Papst to the effect
that gas lamps give more light than
electric to be true.-- He also expressed
himself as inclined to the belief that
several lights to the block, instead of
one arc light at each crossing, as now,
would be ' more satisfactory.
City Engineer Taylor reported that the
first estimate of $550,000, submitted by
him as the cost of constructing and
equipping a municipal electric plant, is
approximately correct. He also reported
that he had ascertained that there is
available a supply of water in the Bui?
Run and Sandy Rivers to furnish at
least 3000 horsepower about three times
the amount used at present in city light
ing. It will be necessary for the city to
file on this,- if it decides to utilize the
power.
Gas Becoming Popular.
From a scientific Journal, and from
statements by Mr. Papst, the confmittee
learned that the use of gas for lighting
streets and public buildings is increasing
throughout Europe. In London, Berlin
and other great cities, it was sliown., gas
has been put in recently, whereas elec
tricity was formerly used. Many Amer
ican cities also, it was shown, have re
cently begun using gas for street light
ing. The Council committee on street light
ing Is under instructions to report its
recommendations to the Council at next
Wednesday's meeting. but Chairmaa
Cellars said 'yesterday that this will not
be done; that further time will be asked,
as the matter is of vast Importance, and
It is absolutely necessary for. the mem
bers of the committee to have ample op
portunity to inform themselves on all
phases of the problem before framing a
report.
The Mount Hood Railway & Power
Company has declared that it will be in
a position before long to put in a bid
for city lighting.
TRANSFORM SIXTH STREET
Rose Festival Committee Plans to
Make Illuminated Colonnade.
Transformation of Sixth street from
Yamhill to Burnside into a decorative and
illuminated colonnade with an architec
tural treatment which will tie a miniature
of the famous colonnade and peristyle of
the Columbian Exposition held in Chicago
in 1S!3, is a plan now under consideration
by the Portland Architectural Club and
which is likely to be one of the most
Interesting features of the Rose Festival,
next June. Reviewing stands are to take
the place of water landings and Mac
Monnies' fountain which made the Chi
cago peristyle famous.
It has been customary In years past to
route all of the most Important street
pageants, no matter what particular oc
casion the celebration was intended to
commemorate, through Sixth" street, cov
ering the blocks above included. Yester
day the outline of the plan contemplated
i. . . . , i i . ; . 1 . .
I inn iui in Aiunicvtuiai v . i u u was pre-
Rose Festival and it will receive unani
mous and emphatic indorsement.
COLONEL CALLAHAN IS OUT
Will Not Run for Congress, but He's
Friendly to Geer..
BAKER CITW Or., Feb. 4. (To the Edl
tor. Jn the issue of The OreRonian of
February 3, 190s, your writer In commenting
upon the candidates for Congress In the
Second Congressional District of Oregon,
says: "Ellis' friends are depending upon
Emmet t Callahan, Baker City's candidate,
also to take votes away from Geer. as
Callahan is said to be especially hosltle
, toward Geer."
As a matter of fact T went into the
matter of being: a candidate for Congress in
good faith; I announced myself as a candl-
date at a date previous to the announce
ments of the other gentlemen becominR
candidates for Congress rn this district. 1
have consulted myself, and arrived at the
conclusion that it would be a mere waste of
time and money to make the race against
such a numerous number of candidates:
hence I am not a candidate for Congress a.t
this time.
Now a to the candidacy of Mr. Ellis. I
have no criticism to make upon him as a
man and citizen; but in my simple Judg
ment. I believe that ex-Governor Geer
would serve the people of Oregon and Its
Interests with much more energy and ability
than does Mr. Ellis. The people of Oregon
are becoming fatigued with a set of Repre
sentatives and Senators who seem to think
that the only duty that they were elected to
perform Is to peevishly quarrel over official
appointments, and Impede Just remedial
legislation aug-gested by President Roose
velt. There are a lot of political charlatans go
ing up and down this country trying to
frighten the people who produce all the
wealth of this Nation, and who respond to
the Nation's call when those within or with
out attempt to assail it; they might as well
attempt to frighten a Christian with the
cross or the men who believe In liberty and
the "square deal," with the name of George
Washington as to make Honest patriotic men
shudder at the name and career of Roose
velt. What aid have Oregon's members of Con
gress given the President In legislation to
better the condition of the American peo
ple? This question thousands of voters in
Oregon are asking and will answer at the
coming election
EMMETT CALLAHAN.
BURGLARS GET SENTENCE
Tillamook's Youthful Marauders
Must Put in Two Years In, Jail.
TILLAMOOK, Or., Feb. 6. (Special.)
A two-year sentence in the penitentiary
was meted out to Louis Loll, Walter Oli
ver and George Coppersmith, alias Fmith,
by Judge Burnett yesterday. The young
men had pleaded guilty to a charge of
entering the Jewelry store of Eugene Jen
kins with burglary Intent. Raphael Cal
lertiro, who was also Indicted on the same
charge, was unable to appear because of
a gunshot wound received in the attempt,
and his -case was continued untl the
April term of the Circuit Court.
Harry Foster, Louis Loll, Harry Long
and Arthur Eberman were also indicted
on a charge of breaking Into a warehouse
and stealing a barrel containing 72 bottles
of whisky, which they divided. The Dis
trict Attorney withdrew the charge
against Loll and the other three young
men pleading guilty. Judge Burnett sen
tenced them also to two years in the
penitentiary.
Applications were made to the court
to have all the boys paroled during good
behavior and the matter was taken under
advisement. It is thought if the friends
of the young men will guarantee to the
court to prevent any more mischief, the
Judge will parole them. Judge Burnett
instructed Sheriff Crenshaw to hold the
young men In the county Jail until he had
come to a decision.
Mac Farlane Is Nn-Suitcd.
Upon, motion of the defendant a non
suit was granted yesterday in the case
of C. E. Mac Farlane against Frank
Bolen, which was being tried before
Judge Gantenbein in the Circuit Court.
Mac Farlane brought suit to recover
$1000 alleged to be due as commission
for the sale of a $20,000 timber prop
erty near Washougal. The motion for
a non-suit was sustained after the tes
timony of the plaintiff and witnesses
had failed to show that MacFarlane
was the procuring cause of the sale.
THIN BABY
WHAT'S more
pitiable than
a thin, half nour
ished baby, strug
gling to get a hold
on life. Nature
meant him to be a
plump little fellow
at the start with
plenty of fat to
make tissue, bones
and teeth. If he
isn't such, it's a
critical time.
SOMETHING
MUST BE DONE
has helped out
thousands of babies
in just his condition.
It is the easiest
form of digestible
fat gives results
immediately with
out overtaxing the
already weak sys
tem. The growing
and the grown-up,
the "run-down"
and the convales
ing depend upon
Scott's
Emulsion.
This is the trade
mark which is on
every genuine bot- -tie
of SCOTT'S
EMULSION.
SCOTT & BOWNE
409 Pawl Street. New York
All Druriti 50c. and J1.0O
!9mkeB old screens iood mm new. '
For sal bir Hexter. May Co., distributor
Scott s
Emulsion
More proof that Lydla E. Pink
ham's Vegetable Compound saves
woman from surgical operations.
Mrs. S. A. Williams, of Gardiner,
Maine, writes :
" I was a great sufferer from female
troubles, and Lydia E. Pinkham's Vege
table Compound restored me to health
in three months, after my physician
declared that an operation was abso
lutely necessary."
Mrs. Alvina Sperling of 154 Cley
bourne Ave., Chicago, I1L, writes :
"I suffered from female troubles,
tumor and much inflammation. Two
of the best doctors in Chicago decided
that an operation was necessary to save
my life. Lydia E. Pinkham's Vegetable
Compound entirely cured me without
an operation."
FACTS FOR SICK WOMEN.
For thirty years Lydia E. Pink
ham's "Vegetable Compound, made
from roots and herbs, has been the
standard remedy for female ills,
and has positively cured thousands of
women who have been troubled with
displacements, inflammation, ulcera
tion, fibroid tumors, irregularities,
periodic pains, backache, that bearing-down
feeling, flatulency, indiges
tion,dizziness,or nervous prostration.
Why don't you try it ?
Mrs. Pinkham invites all nick
women to write her for advice.
She has fniided thousands to
health. Address, Lynn, Mass.
latest photo of lln. OtmlM Orehiia
If I Could
Talk to You
I know that I could convince you that
Kosemo is unequalled for ladies' use,
and that it is delightful for men to use
after shaving, but I can only talk to you
through my announcements, and a
woman is handicapped when she can't
use her tongue. As I can't talk to you
personally, I will do the next best thing
let Kosemo talk for me, and if you will
Ask Your Dealer
For a Free Sample
I am positive that even a sample box
will convince you that Kosmeo is the
most effective and delightful toilet prep
aration you have ever used.
A Large Jar Only Costs 50c
but if you want to try Kosmeo before
you buy it, your dealer will give you a
trial box absolutely free. Is not that a
fair offer?
Try Kosmeo Face Powder
Mrs. Gervaise Graham, Chicago.'
Alnfr. of Fine Toilet Preparations
For Sale In Portland by Woodard.
Clarke A Co., Special Agenta.
Mall Orders Solicited.
1
i
IIP tifi
j,: s .l, .
KIDNEY -CURE TEA
W. J. VAN DAMME.
It will cure all cases (Including chronic)
of kidney and liver diseases. I sell my
kidney cure (Just a tea, no medicine) on tha
condition of "No cure, money refunded."
Call at office and read testimonials of per
sons cured by the use of this tea. A trial
will convince any sufferer. Put up In 60c
and $1. 10 bottle?. '1S5 Morrison street, near
bridge next to Pap's coffee house.;
NEW TESTIMONIALS.
Mr. A. L. Petty, of U85 Portland Blvd..
was doctorins for 15 years for what the
physicians called rheumatism. He could not
get around without the aid of a heavy cane,
but after taking: three bottles of Kidney
Cure Tea. he threw the cune away and
went to work. Eight bottles completely
cured him. which demonstrated that while
the physicians were dosing him for rheum
atism, he really had kidney trouble.
A. J. W.Iks, of 7!9 Williams avenue, suf
fered for 10 or 12 years with kidney trouble,
and a prominent physician wanted $J0U to
treat him. His back was as black as his
hat. and his stomach so Inflamed that he
could not button his pants or vest. He was
induced to try a bottle of Kidney Cure Tea.
H Immediately had some relief and by the
time that he had taken 10 botilen he was
completely cured. Where his clothing was
too tieht. there Is now 10 inches of space
between his vest and his pants.
C. GEE WO
The Wrll-Knowa
Reliable
CHINESE
Hoot and Herb
DOCTOR
Has made a lir aludr
of root! mn.i li.rbs. and
In that study discovered
ana is giving to
vrnrM 1 wonderful
r) remedlea.
k. .. Aturcur,. i ul.uui ur Drue- Uko Hi
Cares Wluiout Operation, or Without ttaa
AJd of the Knife. Ha guarantees to cur.
Catarrh. Asthma, Lung. Throat, Rtaeuma
tUm. Nervouenesa, Nervous Debility. Stom
ach. Liver. Kidney Troubles; also Lost Man
hood. Female Weakneas and All Private
Diseases.
A SURE CANCER Ct'RB
Jast Received from Peking. Cblna Safe.
6nre and Reliable. IF YOU ARB AF
FLICTED. DON'T DELAY. DELAYS ARB
DANGEROUS, if you cannot call, write for
symptom blank and circular. Inclose
eenl In etsmns CONSULT ATTON FREE.
Xbe C. Gee Wo Chinee Medicine Cm,
163V First St.. Cor. Morri.ua.
Portland. Oregon.
?lcase Meutiua Tul l'.pcx.
it