Morning Oregonian., April 10, 1908, Page 12, Image 12

12
THE MOTIXFXG OnEfiOTN FRIDAY. APRIL 10. 190S.
MOUNT 00D
ROAD
HAS NEW POLICY
President Clark Wants to
Bring to End Controversy
With Council.
OFFERS TERMS TO CITY
.kn for statement of C onditions on
hicli Grant Will Be Made.
Will Not Enrroarh on
Bull Kun.
IVBirtrnt K. P. ("lurk, of tho Mount
Hood FtuHway & Fwnr CVmiian rnt
h communication to tlir City -Totim-il,
whtMi wan rem! at itA adjourned wwion
ojtrr1ay aftTnoon. j-reklnir nn amirjiblc
fu ttlrnipnt nf th dlftirultlc that have
h rtxen hrtwfn t ho corporation anrl the
i iiy nlmlniftrtion. The lei tor created
surprise and r nt pattpfaction amoiiK the
oun.-ilmen ami Mayor I-ane seemed
much plea serf. The mutter whs turned
over to City Attorney KavanatiRh for con
tldrmthin, with a request for an early
report.
In his letter to the Council. Mr. Clark
ilerlnred that his company never intended
lo Infringe upon the right. nf the city In
the Bull Kun River reserve, and ho asked
t Imt the Council instruct the City At
torney to proceed and draw up terms,
upon which the. city and the corporation
an asrep. Mr. Clark explained that ho
la willinjr for the city to have the water
rltfbtj. 1 hi- company wishlnir to retain
(nly the right of eminent domain, in
order to reserve the power to condemn
certain lands on the right-of-way being
surveyed by the company's engineers.
Offer Comes as Surprise.
Owing to the fnt that but two weeks
Iwid elapsed -Mum- Mayor Lane and mem
brfl of the 'ouncil bad encountered
iolent opposition from C. W. Miller.
lo,i representative of the company, and
the Viunctl voted against granting the
i.rporation two permits, Mr. Clark "a
letter was entirely unexpected. It was
ft ared that the difficulties might never
be settled amicably. Now, however. It
seems that again rhere Is harmony bc
tween the city authorities and the com
pany official-. The only thing insisted
upon by the Mayor and Council is abso
lute control of the water in Bull Hun
River which is now or mpy later be re
quired by the city, whether for distribu
tion or power purposes.
President Clark's communication fol
lows: To the Honorable Mayor and Council of
the City of Portland. Or.:
r.r -ntlemen The Mount Hood Railway A
roi r Company rrpeet fully represent and
petition - follows:
Whereas. A pnarent conflict or misunder
standing exists between the Mount IIoo.l
Italic ay Power company and the city
of Portland, regarding water rights on the
Hull Run River, from which is obtained
l he domestic wnter supply for the city of
Portland, we desire to state, our position, n8
fr Mow s:
Vnrlons appropriations of water made In
the interests nf the Mount Hood Ratlway
powfr Company claim the right to di
vert the surplus water from Hull Kun Rtver
to be used 1 or power purposes. Some of
t hee notices have been posted above the
e.ty's diversion, and oj hers at and hHntv
the same, which might give th impression
hat it is the desire of the company t
c rente interference with the city's uso of
the water. This, however, has never been
the avowed purpose of the company and Is
not Its present plan. On the other hand,
tt Is intended by means of said notice to
take only such water as may pass the dl
crsion of the city of Portland, either now
cr at any time in the future.
I'rotect Bull Run Supply.
We renllie that the city will continue to
row and will require for municipal pur
poses an ever Increasing amount o; water,
and that this can only he obtained to the
bst advantage from a point o.i Ptult Run
TMver at or above the city's present point
if diversion. However, until the efty sha'!
build one or more additional pipe lines
for conducting a larger supply of water
than can ai present he taken by the exist
ing pipe line, there will remain at alt times
a lare-e amount i f water rasstng the city's
hen.i works, mid e en softer the city shall
have constructed sufficient pipe lines to
divert am of the water during the season
of low flow each year, there will remain
a large surplus of water at all other times
when the rl er is discharging greatly in
rcss of its low flow. It is therefore the
purpose of the company to only make iui
of Any of such surplus water which the
tpy does not require for its use. and
We respectfully petition the tfonorahle
Mayor and Conn ell of the city of Portland
to Instruct the lepai representatives of the
city of Portland to prepare such comm
unes, agreements and ordinances as may
be necessary to protect the city and still
'permit the Mount Hood Railway & Tower
Company to ho the surplus waters of the
Hull Run River for power purposes.
Tn carrying out the ahvo and in consid
eration of the relinquishment to the city
of any adxerse rights to the waters which
have been acquired by the company under
tl appropriations, we re-Vert fully request
th following concessions on the part of the
i t :
First- That by ordinance or otherwise, -is
may be adt-ed by the city's counselors,
that the city arrant to th company the rigrht
to di ert and use for power purposes such
ynrt of the waters of the Bull Run River
as the citv shall nn; require for Its use,
and that such diversion shall be made at
o rolnt below the present diversion and
hradworks of the city of Portland.
. Second -That th.- city shall grant right
of way ox er Its lands for the construction
of a canal or flume fcr the diversion of
the waters as above stated.
Ak- Permit for Mume.
Third That the city consent to with
draw all objections to the construe tnn of
a flume or canal across that portion of the
!Bn!l Jivn Forest Reserve described as the
w-mth - st .quarter. iS. E. 1 of section 4.
township 2 south, range 5 cast. Willamette
"Meridian.
Fourth That the city waive all objection
a riparian proprietor to the diversion of
the x atevs of the Bull Run and Sandy
Rlvrs. by the Mount Hood Railway ft
Power Company, so long s said diversion
1s in accordance with the understandir.?:
reached and ent conflicting with the city's
i.se of the ater.
Fifth As the canal and flume to be con
M meted by the Mount Hood Railway
Power Company will cros several pieces of
pt lx ate property in addition to property
ond by the city of Portland and the com
pany itself; ano as in the event of the com
pany being unalOe to agree with the ovn-
rs t-f .-id private propcrtv as to the
amount to he paid for right of WJV t heron.
and thus be forced to enter condemnation
I roeeedings for acquiring such rights of
wax', we request that the right of t
Mount Hond Railway poxxer Company to
u of the w aters from Hull Run Rlx er.
although eeond in right to the citv's ue
thei eof. he left in such legal form as not
m deprtx e the company of the right of
eminent domain.
K. P. CLARK. President.
After the com tint n ic tlon was read.
Councilman Bennett, chairman of the
committee on judiciary, explained that
he and Co tinrilman Cellars recen 1 1 y
held a conference with Mr. Clark, at
n hich time they asked him to state
his position to the Council. Mr. Ben
nett said the letter just read was the
result of th;it conference.
Second Flotilla Joins Fleet.
SAN FRANCISCO. April !-A dispatch
received this morn in sr by the I'nited
Wireless Telegraph Company from Mag
tlalena Ray, says that the second flotilla,
of torpedo-boats arrived on April 5. 'rnc
steamer Arethusa. which gtarted out with
the flotilla as a convoy, arrived, on April
fi. The flotilla arrived in fine condition
and. like the battleships, ready for duty.
The flotilla arrived a day aneaa or
schedule ttnv. Ail the ships are now
painted up nnd ready for the run up trie
California Coast.
BOARD HOLDS UP . FUND
Hopes to Mnke Telephone Com
panies Pay for t ables.
Tv-ndin-r the adjustment of contentions
now In progress between Mayor I,ane
nnd his political friends and the majority
faction of the City Council, which opposes
him. the members of the Are committee
of the Executive Board yesterday after
noon decided to hold up IW. which was
appropriated for the purchase of under
ground cables for the Fire Deartment.
It has been ruled by Cly Attorney Kav
anaush that the Pacific Telephone & Tel
egraph Company and the Home Tele
phone Company can he compelled to
furnish thts material without cost to
the city. Because of this opinion, the
fire committee yesterday recommended
that the Executive Board direct Mr. Kav
anaush to cause the Council to notify the
companies that the wires are urgently
needed.
The K-xecutlve Foard at its meeting
this afternoon, will. In all probability,
adopt the committee's report. This will
start proceedings to force the. telephone
companies to furnish underground cables
and conductors, such as are necessary for
the city's fire-alarm service.. Whether the
companies will concede th point and
supply the cables. Is a question. If they
do not. it is expected that a fight will be
waged to revoke their franchises. At
least, this is thought to be the programme
mapped out by Mayor I,ane.
An alleged needless expenditure of laO.
!KX) of the city funds for underground
cables, was the item tlint brought to
light the provisions of the telephone fran
chises now tinder consideration.
The fire committee also voted to recom
mend to the Kxecutive Honrd that the
Council he asked to take action, looking
toward the placing of firemen In local
theaters, who shall be paid by the thea
ter management. Mr. Kavanaugh has
ruled that an ordinance to this effect
would be legal.
Tonijrtit and Twle Tomorrow.
The attraction at the HelHg- theater, four
teenth and Washing-ton atree.t. tonight and
tomorrow ntirht, with a upeeial matinee to
morrow (Saturday afternoon, will be the
brilliant comedy-drama. " firewater a Mil
lion." Seats are now selling.
"Fantana' Ncliicht All.
The San Frnneturo Opera Company will
reneat its areatst ueccs. "Fantana." at
the MnrquRin tonijtht. The plimomenal
record of th present week Is a aource. or
great satisfaction to the management. GO
tonight and Join tha delighted throngs.
Muate and tjioghter.
TToyt'a A Trip to Chinatown" at the
Bpker thts week is f-r the purpose of fun
and laurhter only. There la not one atnule
fiaeiion of a moment that could hy any
posslhle means be misunderstood to bo seri
ous or sensible.
"The Texaa Ranger."
There will he three more performances of
"The Taxaa Ranger" at the Star theater by
the French Stock Company. This Is the
beat of all the attractions seen at the Star
the past year. it Is a thrilling, patriotic
drama. Matinee tomorrow.
'A Friend of the Family.'
This is the show that you want to see
If you would enjoy an evening of solid en
joyment. "A Friend of the Family" Is one
of the elexerest farces ever written anf. is
being splendidly presented by the Allen
company at the I,yrtc
C'OMfNU ATTRACTIONS.
'C'linid at Vaasar Coming.
The attraction at the Heiltg theaternext
Thursday, Friday and Saturday nights.
April l. 17 and 18, with a special matinee
Saturday, will he Florence fjear in the mu
sical college play. "Cupid at Vassar."
"Florodora" Sunday Afternoon.
That ntfen of all comic operas, "Floro
dora." will be the second week's offering
by the San Francisco opera company at the
Mn.rqua.m- The tuneful music and witty
ltns of this piece appeal as strongly today
as when It was first produced.
"The Flernol City
TTall Caine's drama. "The Fternal City,"
which made such a lasting impression on
the minds of everyone who saw It two years
ace, will a train he presented hy the Baker
Stock company all next week, opening Sun
day matinee.
"141 Bellei Marie" Monday.
The management takes great pleasure n
announcing to Its patrons that for the
xveek commencing Monday night Ihe Allen
firos will offer for local consideration a
splendid performance of that thrilling
comedy-drama, "l-a Belle Marie."
"A HoosJer Palsy."
The most charming Middle West play ever
written is the comedy drama "The l-l nosier
"Daisy." This will be played by the French
Stock Company at the Star theater for the
coming week, beginning Sunday.
Black Beauty of Vaudeville.
Don ' Fulano. the wonderfully intelligent
performing horse, and "Naomi." the human
cannonbnil. x ill be the siar features at
Pant ages during the coming week.
Ooria Oner Trio.
As the deadline ofTertnsr at the Grand next
week. Sullivan & L'onsidlne have secured
the Doria Opera Trio. This xvil! he the
first appearance of these singers in this city.
AT THE YAIDKVHXB THEATERS.
Master of Che Violin.
Frederick Makmurf, the great violinist,
w hose wonderful playing has enchanted
the patrons of rant ages since his appear
ance at the popular vaudeville house the
first of the week, continues to draw packed
houses.
Walter Perkins and Others.
There la not an "also ran" act on the pro
gramme at the Grand this week. Sullivan
Oonsldine have gathered a remarkable
list of entertainers and Walter E. Perkins,
the famous comedian, is at the head of the
aggregation with a funny farce.
Seattle Marine News.
SEATTI.FJ. Wash.. April The steam
ships Farallone and Jefferson will leave
tomorrow morning for Southeastern Alas
ka. The Farallone will make a special
trip with cannery supplies to Santa Ana,
Excursion inlet and Quad ran canneries.
The schooner Alice Cook is through dis
charging her inward carao of scrapiron
and will shift to Port Ludlow Saturday
to take a cargo of cedar poles for Hono
lulu. The steamer Telegraph, bright in
new paint, wrent on the Port Orchard
route yesterday for the first time.
Captain Harry Carter, formerly in
charge of the Chippewa, is in charge of
tho Telegraph.
The steamship Tampico left for San
Francisco this morning: with a full cargo
of coal. The steamship city of Seattle en
tered the Moran dry dock this morning to
overhaul before entering the Southwest
ern Alaska run for the season.
Miles and Gonld lo Decide.
NEW YORK. April 9. Eustace H. Miles.
ex-Britisu champion. today defeated
Payne Whitney in the final round of the
National court tennis championship. The
score was S-3. 6-0. S-l. Miles will play
Jay Gould for the championship next
Saturday.
Eye Glasses $1.00 at -letzrer
Amusements-
What the Preaa Areata Say.
OPPOSED BY GH1EF
Campbell Sees Menace in Au
tomatic Alarms.
WOULD USE CITY'S WIRES
Connrll Akod Sot to Grant Fran
chise lo Independent -Company
and Measnre Is Referred (o
ihe City Attorney.
During ft long dlsruwlon of the pro
poned franchise for the National Auto
matic Fire Alarm Company, at an ad
journed meetintc of the City Council yes
terday afternoon. Fire Chief ("amptiell
declared that positive danfter will result
if the rljrlit Is extended to the grantee to
connect auxiliary boxes with the Are
alarm system. Chief Campbell was called
upon for his opinion of the ordinance
under consideration, and was asked to
state his objections. He did ao in a brief,
but clear-cut talk. He said that if the
fire alarm boxes of th city are to be
tampered with by employes of the Auto
matic Company, a mistake may some
time be made that will cost lives and
property. The measure was finally re
ferred to City Attorney Kavanaugh for
report upon Its' legal phases.
"If the city grants to the Automatic
Fire Alarm Company the rlsrht to attach
its auxiliary boxes to our system," said
Ohlcf Campbell, "it will, in my opinion,
he a bad mistake. Supposing a fire alarm
box is stationed near a theater, and an
auxiliary box Is attached. Tne elec
trician for the automatic concern goes
along and examines the city's box: he
pulls a plug and places It In a manner
to "cut out' the city box. but forgets to
properly 'plug tn." He goes away and
within ten minutes a fire breaks out In
that theater. Some one pulls the city
fire alarm box. and the box fails to send
in a call. Who Is going to get the blame?
Not the electrician who made the mis
takenone but the Fire Department of
ficials, the Mayor and Executive Board.
A positive danger attaches to the auxil
iary system, if this right Is given. I
have no objection to the system, if the
company will put In its system Independ
ent of the city's service."
(My Electrician Savarlan also, spoke
against the granting of the right to the
Automatic Company to attach Its sys
tem to that of the city. He explained in
detail the point made by Chief Campbell,
and siiowed the grave danger of a fatal
mistake if that right were granted the
corporation.
R. W. Montague, counsel for the com
pany, addressed the Council, which was
sitting as a committee of the whole, with
President Wills in the chair. Mr. Mon
tague explained that It lies within the
power of the city to regulate the repair
of flro alarm boxes by the Automatic
Company's electricians, apd declared that
the system would be a benefit to the
city, instead of a menace. He read let
ters from firms in Portland, indorsing
the system. Councilman Annand pre
sented a petition, signed hy the heads of
many of the largest local concerns, ask
ing the Council to grnnt the ordinance.
Mr. Annand introduced a substitute for
section two of the proposed ordinance,
the only change being that 1 per cent of
the gross earnings of the company shall
go to the city. Several members of the
Council. Including Mr. Annand. Mr. Drls
eoll. Mr. Bennett. Mr. Wallace and Mr.
"Wills." showed an inclination to take an
opposite position to that of Chief Camp
bell and F.lectriclan Savarlan. When
Chief Campbell declared that the auto
matic fire alarm sent in many false
alarms. President Wills sand: "Well, it
is a good thing to give the boys a run
once in a while."
"That's all right, if you' think so, hut
we dont.' replied Chief Campbell.
One of the conditions contained in the
proposed ordinance is that the city shall
become the owner of 2" auxiliary fire
alarm boxes, now in service. Councilman
Kellaher. who is lending the fight against
the franchise, moved to have City At
torney Kavanaugh report on how the
company has been doing business in Port
land for many years, and as to whether
these boxes have not already become the
property of the city.
TO
COXTKXTIOX OVETl FL'XDS
SHITS OFF SIPPLV.
Both Water Board and Council I)e
cline to Vote Money for Xecdcd
Fire Apparatus.
One thousand Are hydrants are urgently
needed In various sections of the city, but
cannot be obtained oecause of a conten
tion between the members of the Water
Board and the City Council as to which
should furnish the necessary funds. Chief
Campbell, of the Fire Department, yester
day reported to the fire committee of the !
Executive Roard that the situation is ab
solutely dangerous, and that it should be
remedied at once.
In his report to the fire committee Chief
Campbell said that many sections of the
city are clamoring for hydrants, and tfieit
these oia?ht to be supplied. The public
school buildings, in some instances, are
without hydrants, he reported, and spe
cifically mentioned Ockley Green, Ports
mouth, Thompson and Vernon.
"This situation ought not to be permit
ted to continue." said Chief Campbell. "It
Is absolutely necessary that hydrants be
furnished wherever required to protect the
people."
It being already known that the "Water
Board had positively refused to furnish
any more hydrants, the fire committee
voted to recommend to the Executive
Board that the matter be laid before the
City Council, if possible at its meeting
next Monday afternoon.
Mayor Lane, who is chairman of the
Water Roard, last night explained the at
titude of the memebrs of that body. He
said that it is a principle that is in
volved. It is. he stated, a question as to
whether the man with a small home, lo
cated far out in the suburbs, shall pay for
fire hydrants that are to be used irt dis
trict downtown, where the heavy busi
ness is transacted, and where the busi
ness men are more able to pay the bills,
or whether the hydrants shall be furr
nished with funds contributed by the
whole people. The funds from the water
receipts, he said, should go to extend
mains. He holds that the Water Board
iff right, and that it funds should not be
diverted for the purchase of hydrants,
FOR BENEFIT OF COMPANY
All Ryan Knows of Disposition of
S5on,n0 Campaign Fond.
NEW YORK. April 9. Thomas Fortune
Ryan today threw cold water on the re
cently published story to the effect that
he -had testified before a special jcrand
Jury that J&OO.OOO of Metropolitan Steel
Hallway money, ostensibly to be used for
the purchase of the Wall and Cortlandt
stre"t frry line, had gone into a political
ciimpAiftn fund. Mr. Ryan v;aa a witness
today In the Harlem Municipal Court In
a damage suit brought against certain
directors of the street railway company,
and wan questioned at length about the
JTiOO.OOO fund. He said that such a fund
was made up. but he had no Idea what
was done with it except that it was "paid
for the benefit of tha company."
rt waa paid to William C. Whitney."
satd Mr. Ryan. "He suggested that we
put in nw.000 apiece for the company.
That was in IftW or 1!0. There was no
entry made in the Metropolitan Street
Railway books."
He said the only InforVnation concerning
the disposition mad of the fund was
given him by Mr. Whitney, who, he said,
was the controlling spirit of the corn
pan y.
"Have you any other Information ex
cept what Mr. Whitney told you as to
the use of the money?" was asked.
"No."
"As a fact, do you know to what It waa
applied?"
"No."
"Did you know that whfn the jr.nn.000
was paid It was for the Wall and Cort-landt-street
ferry line franchise?"
"I did not, until I got notice from the
Morton Trust Company that $111,000 had
been put to my credit."
MM TRUST IS ASSAILED
SENATOR JOMXSTOX, OF AliA-
BAM A, DEMAXDS IXQC1RY.
Call Attention of department of
Commerce and Labor to (lie
I'nltecl Fruit Company.
ORP;ONlAN" NEWS RURRAK. Wash
ington, April 9. Application has been
made to have the fruit trust placed on
thn Government's blacklist. Senator
Johnston, of Alabama, wants thts cor
poration Investigated by the Department
of Commerce and labor, in the belief
that Its Investigation will form the basts
of governmental procedure which will
break up this monopoly. According to
the Senator, the fruit trust practically
oontrols the entire Importation of trop
ical fruits Into the t'nlted States, ftxcw
prices nnd destroy competition. If his
contentions are correct, and can be le
gally established, this trust, heretofore
rarely mentioned, will have to be placed
amon the "bad trusts" which are con
demned by the President.
Senator Johnston, recently laid before
the Senate a mass of evidence In regard
to the operations of the fruit trust, more
commonly known as the United Fruit
Company, a New Jersey corporation cap
italized at $20.000i00. This company ab
solutely controls 90 per cent of the tropi
cal fruit trade of the United States.
To show the extent to which this trust
will go to maintain It own prices and
drive out competition. Senator Johnston
made a few preliminary statements wor
thy of notice.
"This company." said he, "has not hesi
tated to throw overboard cargoes of its
fruit in various poris of the United States
for the purprwe of maintaining prices, and
in other Instances It has given away fruit
at competing points in order to(dcstroy
competition. The price of fruit is fixed
weekly In New York and New Orleans
by the agents of this company. '
The Senator then went on to explain his
interest in probing Into the operations' of
the fruit trust. It seems that a few years
ago an Alabama corporation, the Ala
bama Ranana Company, purchased a
lnrge tract of land in Panama, cleared it,
and planted It In bananas. Just a the
first crop was ripening -and ready for
shipment to the T'nlted States the United
Fruit Company, by unlawful agreement
with the Central American government,
seized this plantation and stopped the ex
portation of bananas by the independent
corporation. The Alabama company
brought sutt against the trust in the
courts of New York State, but It was
there held that while the seizure mht be
unlawful, the courts of this country could
not render a decision gaintt another sov
ereign power which had been a party to
the hold-up.
Senator Johnston quoted from a report
from a Wman Consul declaring that the
United Fruit Company is the "uncon
tested lord of the land" where the Ala
bama company hd Invested. The reve
nues of that government are only about
one-fifth of the total receipts of the trupt
from Its bananas grown within that little
nation. The revenues of this single corpo
ration, in other words, are five times the
total receipts of the nation. Naturally
such a corporation Is a power.
Senator Johnston will push his resolu
tion in the hope that Congress will au
thorize an investigation to "see whether
a trust, grown so great and powerful in
this country, can use the agencies of other
foreign governments to protect them In
their nefarious operations."
MORE THAN 3000 ATTEND
Inland Empire Teachers' Associa
tion Attracts Many Visitors.-
STATE COIJjEG E. Pullman, Wash.,
April 19. (Special.) This evening the dele
gates at the Inland Empire Teachers' As
sociation, convened in Pullman, numbered
over 1000 educators from Tdaho, Washing
ton and Oregon. Sixteen hundred people
gathered in the college armory this morn
ing and listened to an address by Judge
Ben F. Lindsay, of Denver. The address
of the afternoon was given by J. H. Ack-
erman. State School Superintendent of
Oregon. The present gathering is the
largest of the kind ever held in Western
Washington. Including the student body
of the college, and visitors not members
of either the Teachers' Association or the
college, the throng attending the varied
programmes of the institute numbers
slightly under 3000 persons. The evening
address was given by Dean James B.
Russell, of Columbia University, New
York.
This afternoon the baseball nine of W.
S. C. defeated the Lewiston Normal team
with a score of 18 to 0. Hits ofT Lewiston,
14: off W. S. C, 1. Batteries Lewiston,
Gimlin and McCornack; W. S. C, Thomp
son, Dalquist. Fullerton. McCulIy and
Patton. Another game will be played to
morrow. FRIDAY BARGAINS.
Ixing Kid Gloves $2.38 a pair; Long
TJsie Gloves 70c a pair: Hemmed
Sheets 50c: 15c Hurk Towels 8c; 30
Inch India. L.;non 12 He: 50c-lnch Wool
Sergre S3e; White Lawn Waists $1.19;
Cambric Drawers 25c; 1000 pairs
Women's Sample Hosiery, values up to
5c, at 47c a pair. Great Easter sale of
Fine Coats, Suits and Skirts. McAllen
& McDonnell. Third and 'Morrison.
Activity in Shore Lands.
OLTMPIA, Wash.. April 9. (Special.)
Twenty-four applications to purchase
Lake Washington shore lands valued at
sa0O.nno were flled with the Commissioner
of Public Lands yesterday. These, with
those previously filed, swell" the total
value of shore lands for which applica
tions to purchase have been filed to W03.
000. The 20-day preferential right of up
land-owners to purchase these shore
land will expire April 10. After this date
the lands will go to the highest bidder at
public auction.
Olympla Malt Extract, good for grand
ma or baby. Only 16-100 of 1 per cent
alcohoL Phones: Main 671, A USt
This House of Good Clothes Sends
Forth Its
Easter Greeting
The New Spring Stocks are at their best;
The Choicest Styles in Suits for Men;
Exclusive Ideas in Haberdashery;
Correct Hats from the Best Hatters
All Here for Your Choosing.
Our Spring Suit Styles are sure to interest you;
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RICHARDSON'S
283-285
Washington Street
SAYS HE BEAT HER
Rose Labell Sues for Divorce
From Frank Labell.
RECITES ACTS OF CRUELTY
lc-larcM Ifiihband Striirk Her With
JCaxor Strop and Threw Water in
Her Face Conduct Became
Intolerable and She Jjcft.
Alleging that her husband beat her
with a razor strop in the presence of her
ntFtor. Ora lHrln, and followed up the
whipping with a stinging slap In the face.
Rose Label! has filed suit in the Circuit
Court to secure a divorce from Frank
Iabell. whom sho married December B.
1 8!5. She says further that he once
threw water in her face, that he kicked
and cuffed her. and once blacked hr eye.
These cruelties, she says, extended from
lftoi to last January, when she was com
pelled to leave him.
During the last two years, she alleges,
he often came homo grossly drunk. So
hurtal and harsh was his treatment, con
tinues the complaint, that her "life has
been almost totally devoid of pleasure
and her mind has her n constantly per
turbed with evils anticipated or wrongs
remembered."
She says she hps endeavored, for the
sake of her children, 'to endure his abuse
and revillngs. The couple have three
children, aged 12, 7 and 2 years of age,
respectively.
Mrs. Iabell says her husband owns lot
ft, block 6. Taurelwood Addition. A mo
tion for suit money, which she has filed,
asks for $100 attorney's fees, and $10 a
month for her support pending the out
come of the suit.
LYNCH IS FOOD NOT GCILTY
Acquitted of Horsestealing by Jury
In Judge (aritenbcinM Court.
Richard Lynch wag acquitted of horse
stealing yesterday afternoon by a jury in
Judge Gantenboln's department of the
CIncuit Court. His testimony, and that
of "his wife, during the morning and early
afternoon was to the effect that he had
bought the horse, which was stolen from
H. H. Ie. a farmer living near Hol
brook, from two strangers, a tall man
with light hair and blue eyes, and a short
man. He said he gave no security for
Jee's horse and another one. which he
bought at the same time, but was to keep
them on trial for a week. Mrs. I.
Masterson, his sister-in-law; corroborated
his story in some points, but In other
points their stories differed materially.
J. F. Hawkes testified upon cross-examination
yesterday morning that he was
not guilty of horse stealing, but had
pleaded guilty at his trial for the state's
accommodation, to avoid a trial. He lays
the blame for the thievery on Lynch,
but says he was present when the horses
belonging to various farmers about Hol
brook were stolen.
SHIELDS IS AWARDED $4850
Southern Pacific Must Pay for Ac
cident In Terminals.
Richard Shields was awarded $4R50 dam
ages, yesterday afternoon, by a jury in
Judge O" Day's department of the Circuit
Court. He was suing to recover $20.5)
from the Southern Pax-Inc Company be
cause of an accident at the foot of the
steps leading from the Steel bridge to
the railroad tracks on the West Side.
The jury was out four hours, returning
once to ask the court for instructions
as to whether the railway company had
a right to maintain a stairway leading to
its property without using some method
to warn the public of danger.
The court said It was incumbent upon
the railway company to provide for pub
lic safety, but did. not answer the ques
tion directly, as. he said, it would be
passing upon a question of fact.
SCILTY OF LARCENY CHARGE
AYIII Dell and C. L. Tanks ley Sent
to Pen I tentla ry .
Will Dell and C. L. Tanksley pleaded
guilty to larceny yesterday afternoon, and
were sentenced by Judge Cleland to serve
IS months each in the State Penitentiary.
Dell stole a pair of field glasses, a lady's
watch and chain, and other Jewelry from
N. C. Brahnm, of 412 Alder srreet. March
23. Tanksley embezzled between $100 and
200 from Paul Strain, while in his em
ploy, on March 14.
Judge Cleland also sentenced several
other criminals, who had previously
pleaded guilty. Richard Baugh, R. H.
Uaugh, father and son, and Victor Hol
lander were sentenced for larceny. They
were charged with breaking into a box
car belonging to the Southern Pacific
Company and stealing all the trous. rs
they could carry away. The theft was.
conimittrd February 27. The elder Baugh
was sent to the Penitentiary for two
years and his son was given IS months,
while Hollander must also serve 18
months.
Antone Bhupes was sentenced to serve
a year In the Counry Jail for stealing a
gold watch, fob and 15 necktiea from
Ororge We tie, at 207 Vi Third street, Feb
ruary 10.
MRS. STARK St'KS FOR $10,000
Says Mr. and Mrs. F.pler Beat Her
With Hatchet.
That John H. Kpler and his wife used
a hatchet In beating her about the shoul
ders, and on her hands anrt arms, is the
allegation of Mrs. Mary A. Stark in a
suit fifed yesterday morning In the Cir
cuit Court. She says the assault was
violent, vicious and malicious. Mr. Kplr,
it is declared, wielded the hand ax. while
his wife assisted him with her fists.
The fight occurred September 20. last
year, according to Mrs. Stark. As dam
ages for the tussle, in which she asserts
she was severely injured, she seeks to
recover $10,000. besides $750 for doctor's
fees, and $250 for hospital expenses.
Decision to Be Rendered Today.
Judge Cleland is to decide today the
questions raised by t he motions and de
murrers of 14 cases and to pass upon the
merits of one case, while Judge Gan
tenbein will give a verdict in one case.
The complete list Is as follows:
Otto Mevor vs. Mary Mryer ; motion for
alimony and suit money.
Han Ft. Murphy v. f D. twnaher; de
inurrer to amended comr'f'nt.
Mfnni M. CI ay son vs. William Clayeon; on
th merit.
Read a L. Ho'.frlch vs. John G. Helfrich;
motion for suit rnor.y.
J. G. Johannes vs. Florence Kvanf; motion
to make complaint more definite and certain.
City of fit. John vs. Toungrfrdorf Sons;
motion to make "complaint more definite and
certain.
F. F. Burrttt vs. W. C. Moore; on the
merits.
John Fterdahl vs. A. G. Macdonald; motion
to make complaint more deflnlt and certain,
W. B. Rut vs. C. Alexander Zygowsky;
motion to strike from r-ply.
Frankfort Marine. Accident & Plate Glaw
Insurance Company vs. Portland Gas Com
pany : demurrer t complaint.
Hnry I-chr. by guardian, vs. John B.
Mat the-ws: motion to strike out parts of
amended answer.
Lizzie C. Pavidsen vs. John B. Davirion :
motion to make complaint more definite and
certain.
Judite Gant-nbein will deride:
E. . J. McAllister vs. American Hospital
Association; on the merits.
Sues Lumber Company for $50,000.
Joseph Rogers is suing the Portland
Lumber Company to recover $50,000 dam
ages on account of an accident which oc
curred July 18, 1907. The case is on trial
in Judge O'Day's department of the Cir
cuit Court. Rogers says that while he
was repairing a logger chain at th com
pany's mill the machinery suddenly
Coughs,Colds,
chou?,
Wiik4BkiiiM.
Price- DM. toft 4I cm.
piBERlK
"COUGH
Q-Sl
Opposite
Woodard, Clarke & Co.
started up on account of the throwing nf
a lever, and that he was caught in tha
wheels. He allege that proper medical
attention wa.s not promptly affordod,
thereby causing him much loss of blood.
Hait!" Xclnon Convicted.
Hans Nelson was convicted yesterday
afternoon by a jury in Judge Bronaugh'
department of the Circuit Court of con
tributing to the delinquency of an II -year-old
girl. His attorney took five day
in which to file a motion for a new trial.
WHITNEY HEARING ENDED
Justice Held Takes Manslaughter
Charge Cnder Advisement.
Xr. G. B. Whitney, who is charged with
manslaughter, was before Jutr:e Reid
yesterday for the conclusion of his pre
liminary hearing.. The defense presented
ts case yesterday and the matter was
taken under advisement bj Justice Rrid.
Practically ail the testimony introduced
before Justice Reid wa.i a repetition of
that given before the Coroner's jury.
Dr. Whitney's father is expected to ar
rive in Portland within a few days and
it may be that the court will withhold a
decision until after his arrival. Dr.
Whitnev is accused of having caused the
I death of Miss Mabel Wirt.
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