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