Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 16, 1908)
16 THE . 3IORXIXG OREGOXIAX, THURSDAY. JULY 16, 190S. IDEAS VARY ON E Webster Puts Cost at $250, 000 or $300,000; Lightner Says $500,000. JAIL AT TOP OR BOTTOM? Webster Favors One, Lightner the Other County Cannot Be Bond ed Legally so Special Tax Might Be Tried. That it would be unconstitutional to bond Multnotnah County to obtain a new courthouse was the statement made yesterday morning1 by Judge Webster, when the subject came up at a meeting1 of the commissioners. The Judge believes a suitable structure could be erected for $300,000, inve ntories high and fire-proof. Commis sioner Lightner thinks a new building of suitable proportions would cost about 1500.000. The Corbett building in pointed to as costing $750,000. ; "I regard the courthouse as a work shop, not a palace," said Judge Web ster. "I think it should be constructed without all this filigree work. I would erect a live-story structure, absolutely fire-proof, to cover about a half block. I' would have the jail In the top story. In constructing a new jail I would have a separate cell for every man. Then prisoners wouldn't get together and have the hilarious times they do now. Neither would they have a kan garoo court. I would have an arrange ment whereby someone could march them around once or twice a day for exercise, and would not allow them to converse except in low tones. Then the prisoners would all be in jail. There wouldn't be any sunnings on the lawn nor any trips down town to make purchases. Tin Stars Incite Conceit. "You know there are very few men who can wear tin stars underneath their coats, without getting a little self-conceited. Then when you add to that some brass buttons and a blue suit they swell up and you hardly get a hat big enough to fit them. But of course in the case of the Sheriff this does not apply; he is an exception to the rule. "We go not need a jail nearly as large as the one we have now. All that Is necessary is to educate the people to see it; a jail half the size would do just as well. The best plan is to put the prisoners as fast as they come in to work in convict camps. I think it Is a shame to put witnesses being held until cases can come to trial in jail. I would have a separate place for them, also one for the Insane patients. . "We cannot obtain the $250,000 or $300,000 we will need for a new build ing by bonding the county, as this is unconstitutional. The best way will ba to levy a tax for a couple of years sufficient to raise the necessary amount then proceed with the work." . . - East Side Might Get It. "If we wait two years before we build, the East Side will get the court house," said Mr. Lightner. "I am in favor of putting the jail right where it Is now. It need not be under ground, but it should be on the first floor. I do not think we will be able to put up a. satisfactory building for less than $500,000. I think we should figure out the floor space needed for all the courts, including the justice courts, and all the county offices, then add an other story, for the county is growing very rapidly." -Commissioner Barnes was present at -the meeting, but while he may have had his own ideas regarding a new courthouse, refrained from expressing them. Mr. Lightner said he did not want to see a courthouse built while he was On the board. It is his belief that the demand for a new building should come from the general public, not from the commissioners. Further than this, he calls attention to the fact that the county is expending more money on road work at present than during the half year ending In June, and that the commissioners are cramped to keep ex penses within the general fund. The law forbids the commissioners to go in debt for the county more than $5000. May Lose O. R. & S, Taxes. Commissioner Barnes calls attention to the uncertainty of the county's ob taining the $229,756 taxes from the O. Rv & N. Company, the levy having been made by the assessor on $16,180,000 worth of money, notes and accounts. The commissioners say that a loss of this amount of taxes would make a difference of $50,000 in the general fund. The O. R. & N. Company made objection to this assessment before the County Board of Equalization, on the ground that the money was being used in construction work and that an as sessment would mean double taxation. Testimony was also given to show that the accounts carried here are also upon the books of the Union Pacific Com pany. But the board declared that the tax should be paid and the railroad company appealed from the decision. WATER SUPPLY INADEQUATE Residents of Sellwood District Dis cuss 'eed of Suburb. "9ix thousand people in Sellwood with out sufficient water even for drinking: purposes during sprinkling hours, and over 12.000.000 worth of property with practically no fire protection," Is the situ ation which confronts the people of that suhxirb. according to announcement made' at a meeting of citizens, held In Strahan's hall Tuesday night. W. H. Golding pre sided. After discussion, it waa decided to- ap point two committees one on- water sup ply and one on Are protection. - W. H. Golding. J. W. Caldwell, D. A. Thompson, J. W. Campbell, U J. Hicks and William LaForce were appointed as the water committee, and J. E. Relnke, X. A. Thompson and J. C. Adams were appoint ed on improved fire protection. The water committee will confer with Mayor Iane today. If arrangements can be made, and explain the situation to him. A 10-inch main supplies all the territory south from Brooklyn, and whenever water la used for sprinkling yards, the supply runs short. There is a report that the Iadd farm, on the Milwaukie road, is to be platted, and In that event a second main would be needed. The committee will look Into this matter. According to the amendments to the city charter, con firmed by the. Supreme Court, a large main Into that territory will have to be built by district assessment, the same as a big sewer. For Immediate relief the committee will submit a proposition that irrigation In Sellwood be restricted, one half the peo ple to Ude hose one day and the other half the next day. In the way of im NOW COURTHQUS proved fire protection, the committee will ask for a combination chemical engine. There is at present no water for fire pro tection In Sellwood, according to the re port of the foreman of the hose company. He says: "We can do nothing at a fire but endeavor to save furniture. There is no pressure, and our apparatus is con sequently useless." BRIDGE NOT GOOD ENOUGH Better Madison - Street Structure Than Bond Issue Provides. While the decision Monday of the Su preme Court makes valid the $450,000 bond issue for a, new Madlson-etreet bridge, it requires merely that the present bridge shall be replaced with & steel one. Ex City Engineer W. B. Chase was con sulted when the $460,000 bond issue was decided and considered that amount suf ficient to replace the present structure with a better one on the eame site, but a few feet higher. Since then there has been agitation to erect a higher bridge, land on the West Side, on Jefferson street, and make the bridge 70 feet wide. This cannot be done under the provisions of the bond issue; the bridge will have to be rebuilt on the same site and will simply be a steel bridge. It was not expected the bond issue would be declared valid, when a better and higher bridge and a new location on the West Side was agi tated, but now that the issue is legal, the question of increasing the $450,000 issue, or of securing a new and larger bond issue is being discussed. It is believed that the bridge, when built, ought to be built high enough to permit ordinary steamers to pass under without opening the draw, and be 70 feet wide. Such a bridge would cost more than $450,000. Again, the petition circulated by August Van Hommlssen must be considered. It calls for the erection of a bridge three blocks south of the present Madison bridge on Bast Mill and Main streets, and contains enough signatures to get a vote on the proposition. H0RT0N AND COFFER FREE Unsupported Evidence of Alleged Accomplice Insufficient. Testimony f an alleged accomplice, uncorroborated by other evidence, is not sufficient basis for holding sus pects on charges of larceny, according to a decision yesterday forenoon by Municipal Judge Van Zante. The case was that of the state against Willis S. Horton and William Coffer, night clerk and dishwasher, respectively, at the Merchant hotel. The two are alleged to have robbed Patrick Joyce of $79 some time ago. I. C. Ross a bellboy at the hotel, confessed to being implicated with Horton and Coffer. Ross gave details of the theft, openly accusing his two fellow employes of helping him commit the crime. In order to effect the prosecution of Horton and Coffer, the District At torney's office permitted the bellboy to turn state's evidence. District Attorney Cameron expressed some surprise at the outcome of the case and suggested that the. two suspected men are not yet clear, as he intends having them called before the grand jury when it is con vened later. The accused were repre sented by John F. Logan and A. Walter Wolfe, while Mr. Cameron appeared for the state. ELKS SEE REAL SCENERY Views of Portland and an Invitation to Visit City Handed Out. Delegates from Portland to the grand lodge of Elks, in session at Dallas, Tex., yesterday distributed among the members copies of an illustrated book of Portland seen ic views. The book is one of the handsomest yet produced, and, besides showing street scenes and pictures of the gardens, has a number of views made during the. Rose Festival. A telegram re ceived yesterday announces that when the books were distributed the delegates were most. enthusiastic over the attention 'shown them and were lavish in their praise of the book. Inserted in the mid dle of the books is a circular reading as follows: Invitation. To all Elks, a Friendly Greeting Portland, the most beautiful city in the world, invites you to the Pacific Coast and guarantees a hospitable welcome. Portland is a city of Elks and the latch-strlng of their, magnificent home await your coming. If the Grand Lodge of Elks holds lt next annual conven tion In Lo Angeles, our brothers are Invited to drop in upon us as they journey from Cal ifornia to the Seattle Exposition en route home. This modest little souvenir booklet is a pictorial testimonial of our earnest decire to have you with us now or any old time. Come, brothers, come. John B. Coffey, Ex alted' Ruler; Clyde Bills. Secretary. The Insert also has a double page of views of the Elks' building and Interior. FORBIDS CATTLE AT LARGE Milwaukie Council Adopts Prohibi tive Measures. People who have livestock in Milwaukie must keep the animals from running at large in future. At the meeting of the Council Tuesday night a drastic ordinance was passed covering this matter. Here tofore owners were only required 'to keep cattle confined at night. There was quite a fight over the ordinance. Mayor Shln nler was opposed to it and there was some opposition on the outside, but it went through. The contract for completing the City Kail was let at this meeting. J. N. Sny der secured the carpentering and plaster ing for $1045, and A. W. Walker secured the painting for $173.60. Work will be started at once. Mayor Shlndler filed his veto of the new water franchise which was passed at the meeting of the Council in June on the groaiids that the ordinance did not com pen: ate the city for the franchise. No at tempt was made to pass the ordinance over the Mayor's head,' as it waa found that one Councilman who voted for he franchise will now vote against it. should it come up aealn. The franchise had been ponding for five years. It gives no con cessions to the town, but the owners of the (lant said they would extend the pipe lines to cover the entire place if the ordi nance was passed. ONE HOUR EARLIER For the Potter's Saturday Trip to Xorth Beach. The steamer Potter will leave Port land. Ash-street dock, at 1:00 P. M. on Saturday next, July 18. and on succeed ing Saturdays throughout the season, instead of 2:00 P. M.. as originally ar ranged in the published schedules, thus giving passengers the benefit of the entire river trip by daylight, and land ing them at the beach one hour earlier. Don't forget that baggage should reach the dock at least a haJf-bour before departure. Rains Quench Forest Fires. MISSOULA, Mont., July IB. According to information received at forest reserve headquarters here all of the big forest fires which have been devastating the for ests in the Western part of the state are now completely out. The heavy rains of the past two days materially assisted the .rangers la subduing the flames. LAWD CASE TODAY Booth Conspiracy Trial Opens This Afternoon. TWO DEMURRERS DENIED Judge Wolverton Overrules Motions of James Henry Booth and T. E. Singleton, Co-Defendant With R. A. Booth. Robert A. Booth. ex-State Senator; James Henry Booth, ex-Receiver of the Roseburg Land Office, and T. E. Single ton, their brother-in-law, will be placed on trial in the United States Court at 2 SECRETARY OF ASHLAND COMMERCIAL CLUB IS MARRIED. F. M. DU BOIS AND HIS BRIDE, FORMERLY MISS EVA E. SHOREY. ASHLAND, Or., July 15. (Special.) P. lav DuBois, a prominent young- busi ness man of this city and secretary of the Ashland Commercial Club, and Miss Eva B. Shorey, daughter of one of the oldest families of this city, were married at the home of the bride's parents here today. The bride is one of Ashland's most popular young women. Mr. DuBois is interested in the mercantile busi ness in this city, but for the last two years has served as secretary, of the Aeh land Commercial Club, which is doing a great real of valuable work exploiting this section of the state. He has always taken an active Interest in matters of public Interest here and the success of the recent Fourth of July celebration was largely due to hie efforts. Mr. ami Mrs. DuBois will make their home in Ashland. o'clock this afternoon on art indictment charging them with conspiracy to defraud the Government of its public lands. It will take probably two weeks to conclude the trial. United States Judge Wolverton yes terday overruled the two separate de murrers to the indictment filed by the defendeants, James Henry Booth and Singleton and they will plead to the charge at 2 o'clock this afternoon. The third defendant, Robert A. Booth, re fused to join in the demurrer, having en tered a plea of not guilty in 1905. short ly after the indictment was returned by Francis J. Heney. Opposing Counsel in Trial. In the trial of the case the defendants will be represented by . Dan J. Malarkey and County Judge L. R. Webster, of this city, and A. C. Woodcock, of Eugene. The prosecution will be conducted by Tracy C. Becker, special assistant to the Attorney -General, assisted by United States Attorney McCourt and Thomas B. Neuhausen, representing the Interior De partment. The indictment against the two Booths and Singleton was filed In the United States Court by Heney on April 8. 1905. The specific charge is an alleged con spiracy on the part of the defendants to defraud the United States out of the title to a tract of 160 acres of public land in Lane County through the use of false affidavits and proofs of homestead en try procured to be made by I. Thomas Agee. The fraud charged in the indict ment was perpetrated prior to and dur ing the yean. 1902. v Case of the Government. The Government expects to prove that Agee. early in the year 1902. had a home stead which was located within the Cas cade Forest Reserve and in Douglas County: that he was induced by the de fendants to relinquish the same and to select in lieu thereof an equal acreage of valuable timber land in Lane County. The prosecution expects to show that the exchange of the land was expedited by reason of the fact that James Henry Booth at the time was Receiver of the Roseburg Land Office where the transac tion was conducted. Witnesses and evi dence win also be submitted by the Gov ernment to show that within a short time after Agee fiually received the pat ent to the Lane County timber land he disposed of the land to the Booth-Kelly Lumber Company, of which the defend ant. Robert A. Booth, was president and manager, for a consideration of $.'100. Between 26 and 30 wiyiesses will be called by the prosecution and undoubted ly a great mass of documentary evi dence will be offered in support of the charge. In this respect the suit prom ises to be fully as long and tiresome as other preceding land-fraud trials.. It is admitted by the Government that two weeks will be required to try the case and the probability is that fully three weeks will be necessary. Practically all of the Government's wit nesses are in the city and a large num ber of the ventre from which the trial Jury will be selected arrived yesterday. MAXT AFTER RAILROAD LAXD Individuals Expect to Benefit if Gov ernment Wins Suit. Public interest In the impending suit of the United States against the Oregon California Railroad Company to require an enforcement of the conditions of the grant by which this corporation acquired title o about 3.000,000 acres of valuable lands in this state, is shown from the fact that 43 individual equity suits have been filed in the United States Court in this city by persons desiring to purchase a quarter section of land each from the lands involved in the controversy. Since the Government has taken steps to carry such a suit into the courts, scarcely a day passes that some home-seeker does not file suit to force the railroad company to sell 160 acres of the land included in the grant at $2.50 an acre, the price stipulated in the original grant by which these lands were transferred to the rail road. Just what standing these individual suits will have should the Government nrin out in its suit is not clear. In each Instance the plaintiff first tendered the purchase price of the particular tract de sired to be purchased to the authorized representatives of the corporation. Tint tender being rejected, suit was then filed to compel the railroad to sell the land occording to the terms of its contract with the Government. Ir. bringing these suits the applicants feel that they have estab lished the basis for a prior right to tlie purchase of the tract they have selected if the Government should be successful In its suit and the railroad company be required to sell the lands included in the grant. Tracy C. Becker and B. D. Townsend, special assistants to the Attorney-General, who have been assigned to conduct the suit for the Government, are working faithfully on the bill of complaint. It is the intention of Mr. Becker to leave for the East about August 5, immediately following the Booth conspiracy trial, and it is expected the complaint will be com pleted by that time .so that it may be presented to Attorney-General Bonaparte for his final approval. When that has been done, the suit will be filed in the United States Court in this city. STAFFORD MVST STAND TRIAIi Timber Locator Is Bound Over With J. C. Burke. O. M. Stafford, a timberland locator of this city, charged jointly with J. C. Burke, with having procured Arthur E. DeLaney to make a fraudulent timber land application affidavit, yesterday waived a preliminary examination be fore United States Commissioner Marsh and was held to the Federal - grand Jury under S1000 bonds. Following an examination before Commissioner An derson M. Cannon Tuesday, Burke, Stafford's alleged confederate, was held to the grand jury under bonds fixed at $2000. In both of these cases. Assistant United States Attorney Evans, who ap peared for the Government, is resolved, if possible, to secure convictions that the general public may be protected against the operations of crooked tim berland locators, who have plied their vocation in this state profitably for several years. An instance has been reported to the Federal authorities from Jackson County in which one lo cator succeeded In locating 13 different entrymen on the same quarter section of land, collecting from each entryman a fee ranging from $200 to $400 for his services. In most cases of this kind the victim has been some hard-working laborer or poor widow, who was desirous of acquiring with their meager savings a small tract of public land for a permanent .home. L GO TO SEVENTY COM MECIAIj CLUB MEMBERS HAVE SIGXED. Balloon Ascension, Mardl Gras, Baseball and Carnival Feature, for Portland Day. When the members of the Commercial Club sat down to lunch yesterday, they found before them invitations to join In an excursion to Salem Saturday. The oc casion celebrates Portland day at the Cherry ' Fair, and when the lunch hour was over about 70 people had signed the list of those who Intend to make the trip. Both the Southern Pacific and Oregon juectric oner special rates ior me round trip, good to return Monday. The pro gramme, printed on lace-paper napkins which were embellished with pictures of cnerries and the words: ' Greetings from the Cherry City," is as follows: Saturday. Portland Day. July 18. 1908: 9:30 A. M., balloon ascension; 10 A. M.. baseball, Willamette Field; 11 A. M.. arrival Portland delegation; 11:30 A. M.. reception. Cherry Pa vilion, Courthouse Square; lunch: 1:30 P. M.. high-wire act: 2 P. M-. speaking at pavilion, inspection cherry exhibit; 8 P. M., carnival at tractions; 3:30 P. M-, auto trip to orchards: dinner; T:30 P. M.. slide for life; 8 P. M., Mardl Gras; 8:30 P. M.. battle of confetti; 9 P. M-. carnival attractions. F. W. Powers and Judge J. H. Scott, of Salem, were in the city yesterday attend ing to details of the proposed excursion, and before leaving had secured the prom ise of the following, among others, to at tend the alr: W. L. Boise. " Pol Blumauer. Tom Richardson, H. J. Ottenheimer. W. J. Clemens, J. S. Michael, Otto Breyman, R. Rlereon. I. H. Bragg. w. B. Glafke. P. Lowengart, I. C. Sanford, Jay Smith. A. L. Murphy, Fred Muller. A. C. Jackson, Henry Hahn, G. W. Staoleton, Leo Frelde. J. D. Abbat, J. E. Mlekle. J. H. Thatcher. J. C. Alnsworth, 1. Gerllnirer. - H. W. Friee. M. B. Wakeman, F. B. Holbrook. Frank B. Smith, H. E. Lounsbury, O. Balls, Alex NIbley, H. M. Patton, John S. Beall, W. J. Frost, F. B. Beach. v J. B. McCrea. ' C. W. Hodson. F. J. Catterlln. R. F. Prael. William Mead. C. H. Jackson. J. r. Leonard, W. C. Knighton. K. W. Brown. George W. Kleiser, W. C. Morris. F. A. Nitchey, v John F. Shorey, S!g Slchel, A. L. Finiey. W. J. Lyons", . E. H. McCraken, William McMurray. T. H. McAllis. Salem Cherry Fair Night Trains' to Portland via Oregon Electric Ry. .. The widely-advertised Cherry Fair takes place at Salem on Thursday, Fri day and Saturday of this week, and the Oregon Electric Railway has arranged for a special night train to leave Salem at 10:30 P. M. on each of these days, running through to Portland and stop ping at all between-stations. Reduced rate tickets will be good on these trains. . MEETS OLD CLIENT Judge Morrow Reminded of a . Former Case. FINDS NARRATIVE ANNOYING Tells "Dr." D. A. Sanborn His Story or Cut Rates In Suggested Di vorce Suit Is a Down right Falsehood. R- G. Morrow, Circuit Judge-elect, characterized as a downright falsehood a statement extremely personal to him, made on the witness stand yesterday morning in Judge Bronaugh's depart ment of the Circuit Court. The remarks of the witness were entirely irrelevant to a question Judge Morrow had asked, and were not a little annoying to him. "Dr." D. A. Sanburn was being ques tioned regarding his payment of $300 on an 11-acre tract on Columbia boulevard. Sanburn was in San Francisco in 1905 and said he learned through a letter written his eon that the O. R. & N. would cut across the property. He be lieved that the amount received for the right-of-way would Bay a balance due on the place. "You were attorney for me then," re marked the witness. "You wanted to get a divorce for me for . $75 and I wouldn't do It." At this Judge Morrow shook his head. "Why yes, you remember. When I re fused to pay ynu $75 you dropped to $50." "That's a downright falsehood. I never did anything of the kind." replied the judge. "Before Almighty God, you did," fin ished Sanburn. Sanburn is suing his wife, his father-in-law and his mother-in-law to obtain a title to the tract, which, he says, was purchased with his money. He said yesterday that the reason he went to San Francisco in 1905, Just before the alleged cut In divorce -rates, was because things became too tropical about home. Attorney Cleeton. Sanburn's counsel, offered to show the court that R. J. Watklns was hired by Mrs. Sanburn, about April 1, to trump up a criminal charge against Sanburn and land htm in Jail or drive him from the state on account of the lawsuit. Judge Bronaugh ruled out this character of testimony as Irrelevant to the case, and Watklne, who was on the witness stand, did not say wnetner ne was so employed or not. HERE'S PROBLEM IX MODESTY On Its Solution Depends Which Castel Shall Get Divorce. That she is a woman of modest and amiable disposition, who greatly enjoys the society of her friends, is the state m.ent made by Alfie Castel, in a suit for divorce from Antone Caste), filed in the Circuit Court. She was formerly Alfie Bngle. That his wife is amiable, Castel. who is the owner of a brewery at Klamath Falls, does not deny, but he says she is decidedly immodest. To sup port his contention he says she brought home numerous photographs of herself, taken In scant attire. When she followed up the pictures with numerous letters written by "other lovers," Castel began to think he had good ground to obtain the divorce instead of his wife, and has filed an answer to her complaint. The couple married at Klamath Falls, May 1, 1894. and have a boy 13 years old. Mrs. Castel was overtaken by the wan derlust in 1902( according to her hus band, and began to rove about from city to city at his expense. Although he was not financially able to bear the expense, he says that like an indulgent husband he humored her, even giving her money with which to go Bast. He says her traveling expenses, a part of which are being used for the divorce proceedings, amounted to $868. Among other cities. Mrs. Castel visited San Francisco. Red Bluff, Chlco, Sacramento and Portland. lie iiuuaiiu o maiutaei icu, im ezsjre, In February, 1907. Mrs. Castel says her husband owns a brewery and other property, and is worth more than $10,000. He denies this, saying the brewery has ceased opera tions. He admits owning Klamath Falls property, however, but says the local court has no Jurisdiction over that. Mrs. Castel charges her husband with refusing to permit her to go out even ings. Injuring her sensitive natur.e, and says that ones when she came home from the hospital where she had under gone an operation for appendicitis, he locked the door, and ordered her to go to a place far from frigid, as he wanted to marry another woman. AH these charges Castel denies. DOES NOT REGAIN HER CHILD Luella McMahon Dickinson Not Dis pleased at Denouement. Ethel McMahon. 17 years old, will re main at the home of Mrs. E. Cole, In Wtllsburg. near Sellwood, according to the order of Judge 'O' Day yesterday after noon. She will also remain under the guardianship of the Boys' and Girls' Aid Society. Her mother. Luella McMahon Dickinson, endeavored by a writ of habeas corpus to obtain the custody of her child, saying she now had a good home for her. At the suggestion of counsel. Judge O'Day took the child into his chambers and questioned her. Upon his return he said she was perfectly satisfied to remain with Mrs. Cole. The mother will be per mitted to visit the child at seasonable times. The mother placed her child in the care of the Boys' and Girls' Aid Society mort" than six years Ago, when sh? obtained a divorce from McMahon. At that time she said she did not have a proper piace tc care for her. She is said to be satisfied with the order of the C'ji.rt, however, now that she has learned of her daugh ter's whereabouts. Build on Wrong Lot. That Ben Peterson and Mary Peterson bought a lot in the Terwilliger Home stear Addition before the streets were laid out and built their home upon the wrong piece of land, is the statement made by the Terwilliger Land Company In answer to the Petersons' suit. The case is pending in the Circuit Court. The land in question, lot 1, block 10, was pur chased in October, 1905. Peterson and his wife settled on lot 3. Then the Ore gon Electric Railway Company brought a condemnation suit against lot 1, upon which the Court assessed $150 damages. The railroad company paid it. The Terwilliger company asserts that it offered to trade land with Peterson, and let him remain on lot 3. but that he refused. It is asserted, therefore, that he is not entitled to damages. Obtains Right to Fills. The two suits over the ownership of dirt in Franklin street, between East Twenty-ninth and Thirty-third streets, came up again before Judge O'Day yes terday. The demurrer of city, M. J. Con nelley, W. Scott and T. UcDougall to the complaint of the John P. Sharkey com pany was overruled, it being held by the court that the complaint states facts suf ficient for a suit, and that the city Is the proper party to it. The temporary injunc tion, restraining the contractors from dumping the earth elsewhere than on Sharkey's property, still holds good. Say O. R. & X. Ruined Landing. Asserting that in shifting its track the O. R. & N. Company has destroyed the road leading to a boat landing on the Co lumbia River near Corbett. W. J. Ellis and others asked the County Court yes terday for relief. The residents of that vicinity- said the eost of shipping cattle by rail as too expensive and that with no landing, the boats will not stop. The court settled the matter temporarily by promising to ask the railroad officials to furnish as good a road as existed be fore. County Court Notes. The estate of C. R. Andritschke has been appraised at $4836. The report of the appraisers, H. C. Bohlman, C. A. Kalus and G. Castendleck, was filed in the County Court yesterday. The final account in the estate of Aurella Isabella Maglll was approved in the County Court yesterday. 5The report of Harriet B. Weldler. ths executrix, shows that $4155.06 is left for distribution among the -heirs. COUNTY HAS HALF MILLION SEMI-AXXUAI. REPORT OF AUDI TOR SHOWS RESOURCES. Sum of $160,000 to Be Paid State October I on Tax Account Grow ing Expense for Roads. Multnomah County's resources amount to $451,819.37, according to the semt-an-4 nual report of County Auditor Brandes. just completed. This sum will be seri ously depleted, however, when the $160, 000 due the state is paid, besides the ex penditures from the general fund and the road fund. The law provides that the state tax may be paid from the county funds in two payments. One of these has already been made In Multnomah County, and the second payment will be due October 1. During the last six months the amount expended from the general fund was J288.442.78. and from the road fund, $65. 905.25. Mr. Brandes points out that this will te more during the next six months, as more road work is being done. The county's total resources are $458, 017.61, while the outstanding warrants amount to $6198.24. A summary of the Auditor's report follows: Statement showing financial condition of Multnomah County at the close of business, June 30, 1908: Resource. Cash available for re demption of general fund warrants In county treasury. . .$310,130.41 In hands of Sheriff.. 8.102.92 County Clerk's hands. . 217.54 Total .$318,460.27 $318,40.2T Cash available for re demption of road fund warrants In county treasury.... 139,041 8ft In hands of Sheriff. . 515.45 Total $138,557.34 $139,557.34 Total resources $458,017.61 Ll&bUltle. General fund war rants outstanding on January 1. 1908 $ 12.S02.62 General fund war rants drawn eince -January 1, 1906 228,442.78 Total .$301,245 40 " ' Deduct general fund warrants redeemed since January 1, 1008 206.760.46 Total general fund warrants outstand ing $ 4.484.94 $ 4,484.94 Road fund warrants outstanding January 1, 1908 2,016.15 Road fund warrants drawn since January X 1908 65,905.25 Total 68,822.20 Deduct road fund warrants redeemed since January 1, 1908 67.108.90 Total road fund warrant outstand ing $ 1.713 80 $ 1,713.30 Total liabilities 6,198.24 Excess of resources. $451,819.37 KOAGLIN FORFEITS BAIL District Attorney Cameron Criticises Clerk Mil tier for Reducing Bond. As predicted by District Attorney Cam eron. Don Hoaglin, accused with a ser ious crime by two young women, failed to appear In the Police Court when his case was called yesterday morning and forfeited his ball of $100 to the city. Hoaglin's ball was originally set by Dis trict Attorney Cameron at $1000 and lowered to $100 at the instigation of John Mllner. who. under Judge Van Zante. is clerk of the Municipal Courtj Accord ing to the District Attorney. Milner went beyond his authority In reducing the bail and, through his lack of good judgment, allowed a man who was wanted by the police for nearly a year to escape after he had been captured under trying cir cumstances. Hoaglin jumped his bonds once before and It was In hope of his being' compelled to remain In Jail until the law could take Its course that prompted the District Attorney to set the bail at a sum outside of the means of the prisoner. In speaking of the case yesterday aft ernoon. District Attorney Cameron said: "Why Hoaglin was released Is a mys tery to me. Judge Van Zante, to my knowledge, was never consulted in regard to reducing the ball which I had set at The first consideration in the matter of food is nutrition; the next, facility of digestion and assimilation. The grains, like wheat, should be preferred, which are well supplied with the constituents of brain and nerve, cooked in a pala table manner. iP jus WHEAT FLAKE CELERY k prepared from the whole wheat berry, so as to render k the best of foods for growing children, invalids, the aged, the bfaia and muscle working classes. 268. Excursion TO SALEM BY THE ern Pacific TO CELEBRATE PORTLAND DAY AT THB CHERRY FAIR atorday Leave Union Depot 8:15 A. M. Comfortable Seats In SPECIAL CHAIR CARS Reserved for Portland Business Men. Their Families and Friends. The Salem Band and Committee of Re ception will meet the Portland Delegation at the Southern Paclflc Depot at 11 o'clock and escort it to the Pavilion. Then will follow the programme of entertainment ar ranged by the oltlzens of Salem. 11:30 A. M Reception Cherry Pavilion Courthouse Sauare LUNCH 1:30 P. M High Wire Act 2 P. M ....Speaking at Pavilion Inspection of Cherry Exhibit 8 p. M Carnival Attractions 8:30 P. J Auto Trip to Orchards DINNER 7:30 P. M Slide for Life 8 P. M ; Mardl Oral 8:30 P. M Battle of Confetti 8 P. M Carnival Attraction ROUND TRIP RATE FROM PORTLAND $2.20 Tickets good for return Saturday. Sunday or Monday. Purchase tickets at city ticket office. Third and Washington streets, or at Union Depot. WM, McMURRAY GENERAL PASSENGER AGENT. Portland. Oregon. HAND SAPOLIO I especially valuable daring thai, Summer season, when outdoor oeeay: pations and sports are most in order.1 6&ASS STAINS, MTJD STAINS AND CALLOUS SPOTS yield to iL and it ie particularly agreeable when need in the bath afteq violent exercise. AJl Orecer and DrusglrtV $1000. It Is plain that there is some body in the office of the Municipal Court who is usurping the powers of his po sition to further his owh ends. Why Mllner should take things Into his own,' hands the way he has. Is surprising.: His position as clerk of the court is to' wait on persons who are compelled to do business with the office and not to act as a dictator. His 'powers' are very limited. If he only knew It, and he has no more authority than any ordinary office clerk." Cherry-Picker Makes Record. EUGENE, Or.. July IB. (Special.) Mis Henrietta Schrleber, a recent arrival from Holland, made a record at cherry pick ing yesterday gathering 346 pounds. The picking was done on the Howard placa on the river road and the cherries picked were Royal Annes. uly 18th