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

10
THE 3I6KXIAO OKEGOXIAX, WEDNESDAY, AUGUST 12, 1908.
EDUCATE PUBLIC
111 ROAD WORK
Conference Votes to Raise j
$10,000 by Subscription I?
for Big Campaign.
WILL ASK FOR NEW LAW
Delegates Decline to Indorse John'
son Bill and Name Men to Draft
Measure Webster and
Scott to Direct Work.
Ten thousand dollars In to be ex
pended In Oregon during the next few
months In a campaign of education for
Rood roads. This instruction Is to be
given by County Judge L. It. Webster,
of Multnomah County and John H.
Scott. ex-County Judge of Marlon
County and president of the Oregon
Good Roads Association, under the di
rection of a permanent committee on
ways and means of which John li. Al
bert, of Salem, is chairman.
A committee of eight representative
citizens of the state was appointed to
draft a Rood roads law to be presented
to the Oregon Legislature next AVinter.
These were the substantial results of
the Rood roads conference that was
held in the rooms of the Portland Com
mercial Club yesterday, attended by
about 200 delegates from all sections
of the state.
Johnson Makes Hard HkIiI.
State Senator A. J. Johnson. (If Ben
ton County, failed to secure the in
dorsement of his road bill, known as
the Johnson bill, by the conference, al
though for a time It looked as though
he would win out. This is the bill
passed by the last state legislature and
vetoed by Governor Chamberlain. It
provided for the construction of roads,
under the direction of a state engineer,
the expense to be paid equally by the
state, the county and the owners of
property benefitted by the improve
ment. The amount of money any
county could receive from the state
annually was limited to $20,000. Mr,
Johnson never has recovered from the
disappointment resulting from the
Governor's disapproval of his measure
two years ago and he admitted it yes
terday. It was the intention of the Senator
from Benton, of possible, to have his
billSndorsed by the good roads confer
ence and with such an Indorsement it
might not be a difficult thing to have
it passed by the Legislature next Janu
ary over the veto of the Governor. The
author of the bill took the floor to
champion the measure recommending
that it met every practical purpose of
the good roads advocates. In his ar
' guments. Senator Johnson was zeal
ously supported by State Senators T. B.
Kay. of Marlon, and N. Whealdon. of
Wasco, who spoke earnestly In favor
of the Johnson bill.
Senator Kay warmly approved the
measure for the reason that it assessed
me-thlrd of the cost to the property
that was benefitted by the Improve
ment, He regarded this the most val
uable provision of the bill. Insisting
that such improvements greatly en- '
nance realty values and for that rea
son it was only just that the owner of
such property should be assessed th
cost of road construction.
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PIPE EXTENSIONS
AWAIT NEW IM
Water Board Holds Up Appli
cation for $76,000 Worth
of Mains.
BOND BILL WILL CONTROL
FLASHLIGHT PHOTOGRAPH OP THE GOOD ROADS CO VENTIOX IN SESSIO-V AT THE COMMERCIAL CLUB
Protest by Dr. Smith.
Senator Kay. seconded by Whealdon
moved that the Johnson hill be sub
stltuted for a resolution that had been
offered by County Judge Webster. In
structing the committee on legislation
named by the conference, to draft
bill for presentation to the state legis
lature providing for an annual appro
prlation by the state of 110.000 to each
county, this money to be available upon
condition that the county receiving th
funds make an equal appropriation
the total sum to be expended entirely
In the construction of permanent main
nignways.
At this Juncture. Dr. A. C. Smith, of
this city, protested against the pro
posed substitution, arguing that not
over 10 per cent of the delegates In
attendance were familiar with the pro
visions of the Johnson bill. He did not
consider that it was right for the con
xerence 100 nastily to determine any
action and emphasized that the subject
should be considered thoroughly before
recommending any action. He said he
was not opposed to the measure under
consideration, but maintained that it
should go before the committee and
stand on its merits.
George Taylor, ex-president of the
Chamber of Commerce, corroborated
what Dr. Smith had said. A miscellan
eous discussion of the subject of good
roads followed, In the course of which
County Judge C. J. Trenchard advo
cated some plan by which state aid in
road building should be apportioned In
proportion to the amount of construe
tion work In each county. John H.
Scott, of Salem, while not opposing the
Johnson bill, thought the work of the
conference should be expedited and the
subject left to the recommendation of
the committee on resolutions. Further
debate on the motion was stopped by
T. F. Ryan, of Clackamas County, who
was successful in a motion referring
tne question to the committee.
Albert Ends Debate.
"I wish to sound a note of warning,"
announoed John H. Albert, of Salem.
facing the delegates, after having tried
for some minutes to be recognized by
County Judge J. B. Messick, of Baker
County, who was chairman of the
meeting. "We want policy here, not
politics-, and it is not a difficult matter
to read between the lines and under
stand the situation."
Mr. Albert concluded by cautioning
the members of the committee to act
considerately and only in the best In
terests of good roads. He admitted he
was not opposed to the Johnson bill in
some particulars, but he believed that
some of its provisions were greatly
complicated.
The report of the committee was evi
dently a compromise, the members de
clining to indorse the Johnson bill, al
though It and Judge Webster's resolu
tion were both referred to the legisla
tive committee for consideration. In
its report, this committee instructed its
legislative committee to work with the
legislative committees of the Oregon
Good Roads Association and the Oregon
State Grange and prepare and submit
to the state legislature a bill for the
construction of improved, permanent
main highways under the supervision
of a state highway commissioner. The
committee also approved of working
convicts In the construction of public
highways and recommended a law giv
ing to county courts the power to re
strict, regulate and control county
roads.
The legislative committee named by
the conference and which will draft
the desired bill, consists of; County
Judge J. B. Messick. of Baker; Senator
A. J. Johnson, of Benton; County Judge
I- R. Webster, of Multnomah; J. II.
Scott, of Marion: W. K. Newell, presi
dent of the State Board of Horticul- 1
ture; A. T. Buxton. Ma-rter of the State
Grange: J. D. I.ee. of Polk, and Benton
Bowers, of Jackson. The committee
expects soon to arrange for a prelim
inary meeting, when plans for its im
portant work will be outlined.
Raise $10,000 Subscripton.
But before the committee on resolu
tions had reported, the committee on
ways and means had submitted its rec
ommendations which met with the
united approval of the delegates. This
committee recommended the raising by
popular subscription of J10.000 as a
fund with which to conduct a good
roads campaign. The employment of
Judge Webster and ex-Judge Scott was
recommended, their work to be directed
by the members of the committee which
lso asked that its existence be con
tinued. The members of this commit
tee are: John H. Albert, of Salem; A.
A. Jayne, Hood River; Stale Dairy and
Food Commissioner Bailey, John S.
Beall. G. W. Evans. To" Richardson, of
Portland. W. 1 Crlssey was elected
secretary of the committee without
salary.
A sufficient part of the 110.000 has
already been subscribed that the work
of arousing public sentiment still fur
ther and educating county officials on
the subject of road-building can be In-
ugurated as soon as Judge Webster
and Mr. Scott can arrange their affairs
to take up the new work.
The conference ended its business
sessions about 6 o'clock yesterday af-
ernoon. At 9 o'clock this morning
over 100 of the delegates will leave the
Commercial Ciub In automobiles for an
inspection of Multnomah County roads
and the plant at Kelly Butte.
'I have not finally decided to accept
he work offered me by today's good
roads conference," said Judge Webster
last night when asked if he expected
HAVE TROUBLE IN
Convention Finally Chooses
Judge Messick, of Baker
County.
SELECTS HIS COMMITTEES
Oregon Good Roads Conference Gets
Down to Business With iXearly
Delegates, Representing
Parts of State Present.
200
All
Iake, of Wasco County, and Judge T. F.
The reports of the committees on' reso
lutions and ways and moans were adopted
unanimously without debate. The com
mittee on resolutions made the following
recommendations:
Many Recommendations Made.
Resolved, That we are in favor of co
operation of state, county and district In the
construction of improved, permanent main
highways under the supervision of a State
Highway Commissioner, and that the Legis
lative Committee be instructed to work with
th legislative committee of the State Good
Roads Association, and of the State Grange.
in the preparation and submission to the
State Legislature of a bill embodying such
legislation and that the road law known as
the Johnson hill and the resolution of Judge
"Webster relating to appropriation for that
purpose be referred to said commlteee for
their oonideratton.
Resolved, That it b the smse of this meet
ing that a law should be passed at the next
session of the Legislature providing for the
'working of convicts in the State Penitentiary
in the construction of public highways.
Resolved, That it L the sense of this con
vention that legislation be enacted giving the
power to our county court to restrict, reg
ulate and control the use of county roads.
Resolved. That the thanks of this meet
ing be and are due to Tom Richardson, Hon.
W. K. Newell. V. M. Ladd, J. W. Bailey,
Stnte Dairy and Food Commissioner, and
others who actively participated in the con
vening of this good roads conference.
Resolved. That the thanks of this conven
tion are due the Commercial Club for the
use of its convention hall and the freedom
of this club.
mm WINS FIGHT
Stands Some Chance Now of
Getting Fire Hydrants.
soon to resign as county Judge.
have the offer of the srood roads people
under consideration and will not decide
the matter until I have more thorough
ly considpred the subject with the
members of the committee on ways and
means by which the good roads cam
paign is to he directed. .In all proba
bllity I shall reach a decision some
time this week."
MONEY BELT FAMILY PURSE
Sirs. W. M. Stephens Wants Con
tents for Divorce Suit.
Incorporated In a divorce suit filed
in the Circuit Court yesterday by Ol-
lie Stephens agnlnst William M.
Stephens is a petition that the Court
issue an order for the Sheriff to ar
rest the husband and after bringing
him Into court, compel him to turn
over a money-belt containing $700. Mrs.
Stephens says it is her husband's
habit to carry their earnings' con
cealed upon V's person. Of the $700
she demands half, as she says she
has no means of her own with which
to prosecute the suit.
airs. Stephens says that ever since
their marriage, at Buffalo, Wyo., Oc
tober 17, 1906, her husband has lived
life of reckless abandon. His un
governable temper has caused him,
she says, to beat her every few weeks.
Upon one of these occasions, at North
Bend, In October lest he dislocated
her thumb. On another occasion at
Bandon, In May, 1907, he struck her
in the face with his fist. The wife
also accuses her husband of a stat
utory offense, occurring at Helena,
Mont., last June and Involving Daisy
Campbell.
Collins Estate Appraised.
The guardianship estate of Dorothy
Elizabeth Collins and George Alnslie
Collins has been appraised at $13,050.
H. A. Cornell, D. G. Woodward and
E. M. Miller filed, their report with
the County Clerk yesterday. The
West half of lots 3 and 4, block 63.
Holladay addition, at East Twenty
Eighth and Multnomah streets, is
valued at $10,000. The remainder of
the property Is on Beacon Heights.
George W. Collins Is the administra
tor of the estate.
Nearly 150 delegates were In the conven
tion hall of the Portland Commercial
Club at 10 o'clock, yesterday morning,
when C. W. Hodson, president of that
organization called to order the good
roads conference. He explained briefly
the purposes of the gathering and empha
sized the value of good roads to any com
munlty.
Considerable trouble was experienced
in the selection of a chairman. This
resulted from a report that the confer
ence had been called for the purpose of
superseding the Oregon Good Roads .As
sociation by the organization of another.
County Judge U R. Webster, of this city
who had been selected to serve as chair
man, declined to accept and several oth.r
delegates to whom the place was offered
fought shy of it. John H. Scott.
Salem, president of the Oregon Good
Roads Association; County Judge A. E.
Lake, of Wasco County, and A. A. Jayne,
of Hood River, all turned the job down
Finally County Judge J. B. Messick. o
Baker County, was decided upon and ac
cepted the chairmanship but by this time
it had been generally noised about the
convention hall that there was no lnten
tion of embarrassing in any way
management of the Oregon Good Roacrs
Association. It was Insisted that the
only purpose of the conference was to
devise some plan for arousing state In
terest in the subject of good roads and
in no sense to usurp the field of opera
tion held by the state association. J. H
Whyte, secretary of the Astoria Chamber
of Commerce, was unanimously named
secretary and the conference proceeded
to the transaction of business.
Assets of Trunk Company.
The assets of the Insolvent Paoiflo
Coast Trunk & Bag Company amount
to $3278.06, according to the report of
E. Wrenn. assignee, filed with the
Circuit Court yesterday afternoon. Of
his amount $1126.13 is the value
placed upon the trunks belonging to
he firm, ?!tfi.90 upon suit cases and
JS51..1 upon bags.
Suit Against Dr. J. IV. Hill.
An Involuntary petition in bankruptcy
was filed yesterday In the United States
District Court, against Dr. J. W. Hill
nd Laura E. Hill, of the Hill Military
Academy. The petitioners consisted of
the Portland Dairy Association and five
other firms and individuals, to whom the
Hills are Indebted for merchandise or on
promissory notes.
Arrest Kansas Robber Suspect.
COLFAX. Wash., Aug. 11. (Special.)
ity Marshall Kelly, of Colton. ar
rested Harry Coleman, at Colton today
and delivered him to Sheriff Ratcliff at
Colfax tonight. Coleman is wanted at
Sedan. Chautauqua County. Kansas, on
charge of bank robbery. Sheriff
Rickett, of Sedan, left for Colfax tonight.
Outlines of Plan.
Tom Richardson, manager of the Com
mercial Club, outlined in detail the work
before the conference and the need for
systematic organization to carry into suc
cessful execution the proposed good
roads campaign. He was followed by
County Judge Webster who presented his
plan for the co-operation of state and
county in the scientific construction of
permanent roads in every county of the
state under the direction of a commis
sioner of highways. He said he favored
presenting some bill to the State Legis
lature next Winter providing for the ap
propriatlon of $10,000of state funds an
nually to each county upon the condition
that the appropriation should not be
available until the county applying for
tne assistance first appropriated an equal
amount, tne total sum to be expended in
the construction of permanent highways.
John H. Scott, ex-Oounty Judge of
Marlon County and pres;dent of the Ore
gon Good Roads Association, ratified the
sentiments as expressed by Mr. Richard
son and Judge Webster. After relating
something or the practical experience he
had had in road building in Marlon Coun
ty. Mr. Scott advocated the building even
tually of a road across the state of Ore
gon from north to south to connect with
a similar highway that has been built
by the people of California across their
state to the south boundary line of Ore
gon at a cost of $5,000,000.
Committees Are Named.
Upon reconvening in the afternoon.
Chairman Messick announced the appoint
ment of the following committees which
had been authorized prior to the noon
adjournment:
Legislation County Judge J. B. Mes
sick. of Baker County, chairman: State
Senator A. J. Johnson, of Benton Countv;
Judge L. R. Webster, of Multnomah
County; Judge John H. Scott, of Marion
County: W. K. Newell, of Washington
County, president of State Board of Hor
ticulture: A. T. Buxton, of Washington
County, master Oregon State Grange J.
u. Lee, or .Folk County, and Benton Bow
ers, of Jackson County.
Ways and Means John H. Albert, of
Marion County, chairman; W. M. Ladd,
of Multnomah County; Tom Richardson,
of Multnomah County: J. W. Bailev
State Dairy and Food Commissioner; G.
W. Evans and J. S. Beals, of Multnomah
County, and A. A. Jayne, of Hood. River
County.
Resolutions Judge W. H. Hollis. of
Washington County, chairman; W. H.
Boyd, of Multnomah County: Judge J.
C. Henry, of Union County: H. B. Thlel
sen. secretary Oregon Good Roads Asso
ciation, of Marion County; Judge A. B.
Need $10,000 at Once.
The report of the committee on ways
and means was as follows:
Your committee on ways and meant heirs
leave to riort that In its opinion the sum
of jm.iKio must be ralwil to defray the ex
pends of an enthusiastic and energetic cam
paign for good roads.
We further recommend that two -men be
employed to carry on the work and that these
two men be Judge Lionel R. Webster, of Mult
nomah County, and Judse John H. Scott, of
Yfui-li-tn PmmK. ..tl.f..tnn.
ments can be made with these gentlemen
mis committee.
It is further the sense of thi. committee
that it should have permanent existence and
be the medium through which the work of
thle- conlerence he carried on.
vv . !. Orfssey has been made permanent
secretary or mis committee, witnout salat;.
List of Delegates.
Representative men to the number of
nearly 200 from every section of the state
attended tJlfe conference and indorsed
every proceeding. They were as fol
lows:
A. P. Bateham. Mosier: T. 8. Townsend
Portland; Louis Lager. Ashland: - F. J. Hard,
G. R. Chrisman, Eugene: J. H. Heilbronner.
Hood River: F. D. McCully. Joseph: Benton
tiowers. Aniand; w. L. Llghtner, Lionel K.
Webster. C. A. Brandes. Philo Holbrook. Port
land: J. P. Hoffman. Hillsdale: G. W. Marsh,
E. Woodward. Corvallls: W. J. Miller. Linn
ton; George C. Blageley, The Dalies; H. B
Chapman, Portland; W. K. Newell. Gaston
D. S. Dunbar, Cleone: N. Whealdon. J. M.
Patterson. A. B. Lake, The Dalles;,. A. O.
Statem, John Leland Henderson. Hood River;
a. c travis, junction city: J. F. Lucas,
J. I. Miller. Hood River: Z. S. Wilkes, Hllts
boro: A. A. Jayne. Hood River: H. A. Dar-
nau, Gresham; C. I. Thomas. Hood River:
C. L. Rogers, Mount Hood: George Lea. Cot
tage urove; w. S. Grlbbie, Mount Hood; A.
t. lower. Junction C'ltv: Tom Richardson
Portland; Otto Nicholson, Garden Home: Fred
a. trixon, balem; fc.ugene Palmer,
Albany; O. S. Allen. Forest Grove
H. C Combs. London: John H. Whyte. J.
E. Gratke. Astoria; T. B. Kay, Isadore Green-
baum. Salem: W. H. Fisher. Rosebere: D.
H. Pierce. Harrisburg; H. P. Palmer. Port
land; Alfred C. Schmltt. . Albany; E. W.
Haines, Forest Grove; William Stewart, R.
. Ordway. Hood River: H. B. Thielsen. L
T. Reynolds". Salem: A. C. Libbv. B. W
Crane. Jefferson: W. H. Goulet. Courtney
Henry Heitkemner. Oak Grove: R. S. Coe
I'anby; . F. Eberhard, McMlnnvllle; J. V
Stelwer. Jefferson; L. A. Walker, Forest
urove: j. s . Bailey. Portland: J. H. Albert.
John H. Scott. Salem: F. M. DuBola, Ash
land: George Rogers. Portland: R. H. Greer.
C. E. Dlechman, Hilleboro: A. M. Gray. Phil-
omatn; w. w. Llpman. Portland; Grover Sim
mons. Sllverton: O. W. Haar. Balem: C. J
trenchard. Astoria: R. J. Mclsaac. C. Deth
man, w. Kennedy. Hood River; Thomas F.
Kyan. Oregon city; F. A. Maffsee, Hood River
G. W. Wonacott, Roseburg; Fred H. Hop
kins. Central Point; G. Putnam. Medford;
mn ii. ieei, crater Lake; A. w. Orton
Portland: G. Stolz. Palem- W t. CInrlr. X
J. Derby. Hood River: B. Lee Paget,
oalc Grove: J. V. Pln. Aitnnv .
W. Allen, Portland; J. P. Carroll. Mosier;
j. r. tteaoy, Medford; B. I. Dasent. Albany
A. Jefferson. Salem: W. H. Hnllts. Forest
urove; 1. r. uimiana, Pendleton; A. J. John
son. Corvallle; J. D. Zureher, A. L. Hamp-
luu, xwseourg; Lt. to. ward, lone: J. w.
Goodln, Hillsboro; John A. Johnson, Beaver
ton: A. B. Todd. Forest Grove- f A Mc-
LorKie. Portland: Theodore P.otn, D. A.
Harris, aiem; A. s. Ekyles, Astoria; C. L.
Alorse. J. W. Anderson. Hnnd t!lvpr- J .T
Johnson. Portland: John Lewellin. Oregon
-iiv. y, . r Re. rtooa- Klver cenrrc I Hnrrv
Wichita: W. B. Huekey, Mosier; C. S. Jack-
aon. Portland: John H. Lewis. Salem: Iiaan
nergman. Aetorta; Leslie Butler. P. S. Davld-
oun. r. r. tnoifman, Hood River; John S.
rortiana ti. ti. Klcn. tjoolldge. Wash
C. Ainsworttl. A. P. Tift Genres Tavlor
Portland; Dan G. Lawrence. Des Moines. Ia.;
. u. Kerns. Portland: F. L. Casto, Oak
orove; George vv . vogel, J. B. E. Bourne.
Kalnler: T. W. Sain. Onjrtnn- .Tnriro I c
Henry. Lnlon; Fred Lundahl. Medford: Paul
waiiace. saiem; i. Parker, Astoria;
F. Looker. Portland: W. F. nnvlHwn
Paul: G. H. Robblns. Hood River- H.,,
..mr. i-enaieion c A. Barrett. Athena:
o. 1 nomas, maimer: J. N. Duncan. At
any; . . J. Welch. Raker Cltv -tvMMam
JShck. Hood River; J. B. Godfrey. St. Helens:
Portland: Roswell Sheliev r,i w.. '
E. F. Willis. Banks: B. M. Crolsan. Salem!
. M. Christensen, Lexington: C. W. Root,
shland: H. T. nncnel! nn . xw .
Yount. Rainier; Franz Krazberger. ' Aurora
Fred Groner. Hillsboro- Knl RlnmotiM. TW.
land: C. R. Bone. Hood River; Jesse Edwards,
Nwberg: Thomas Paulsen. Portland: A. L
itoney. oonhen: Abner Rrecrp nnidv o r.
Bryan, Portland; E. Hofer. Salem: '"W." P
Balrterston, Portland; W. P. Cropp. Baker
juji u. w. Kucxman, La Grande; Hans
nana rtiver.
POUNCES ON WATER BOARD
City Decides to Make Tests of Sup
plies Already on Hand and if
Material Proves Satisfactory
They Will Be Installed.
North Albina won its fight for fire
hydrants at a metting of the City Wa
ter Board yesterday. The Board de
cided that certain hydrants now on
hand, shall be tested, beginning this
morning, and be either rejected or ac
cepted. Some of these. If accepted, will
be placed in North Albina and Ockley
Green.
"Our committee has been before
everything in the city, except the
Municipal Judge' and dog-cs tcher," said
J. H. Nolta. in addressing Mayor Lane.
"We'll send for them. If you want
them." quickly retorted Mayor Lane,
who was presiding.
"Well, we have chased every com
mittee in town and now we have been
run In here," continued Mr. Nolta. "I
don't know whether the door is locked,
but we have no more taxes anyway
and it makes no difference. We are
here today to find out if we can get
some fire hydrants.
There was a disposition on the part
of Mayor Lane and the members of the
ater Board to settle the long contro
versy as to 100 or more hydrants, or
dered last Summer from the Hogue &
Swift Company, of Troy. N. Y., and
communications were read, explaining
that the company had shipped the hy
drants. tested at the factory, and that
the Portland agent would not furnish
tests here. This, it proved, was the
sticking point between the agent and
Fire Chief Campbell. Kacli blamed
the other for the delay, but the Water
Board took the matter In hand and or
dered the tests for this morning, with
men from the Water Department in
charge, under supervision of Chief
Campbell. It is now simply a question
as to whether the hydrants will stand
the test. If they do. North Albina and
Ockley Green will get a share of them,
and If not, every one will have to wait
until the 600 now ordered by the City
Council arrive.
The hydrants are secured and hand
led peculiarly. The Water Board buys
them and the Fire Department then
takes charge and inspects them, after
which the Board installs them, al
though having nothing to say as to
where each hydrant shall go.
The delegation, after the hydrant
matter was decided, asked the Board to
Install an office in the engine-house at
Klllingsworth and Union avenues, a
transfer point for streetcars, where
water rents may be paid. After some
discussion, the Board voted to place an
Inspector there for two days between
the first and the tenth of each month
to receive collections for that district.
It Is said it will be a big accommoda
tion to the residents of that section of
the city.
remedy 1b an action for damages.
The Supreme Court's opinion is by
Justice Moore.
The case of Olga Senkler. respon
dent, vs Frank T. Berry, appellant,
from Multnomah County, A. F. Sears,
Judge, was reversed, and a new trial
ordered, the opinion being by Com
missioner Slater. It was held that a
divorce decree conveying property Is
not effective unless the property Is
properly described.
Peiitions for rehearing were denied
in the cases of Elgin Forwarding
Company vs. F. M. Cummings and
J. B. Ready vs. Henry Schmith.
The Supreme Court denied a peti
tion to recall the mandate and admit
evidence in the case of F. J. Eldrldge
vs. Hoefer & Zorn. from Marlon
County, which case was decided last
January.
HOPES TO GET NEW DEPOT
Milwatikie Is Watching Movements
of Southern Pacific.
REVERSED BY UPPER COURT
H. Olston Permitted to Bring
Suit Against Car Company.
NEARINGTHE END
The greatest bargains In high-grade
mercnanaiee ever offered in this city.
The closing-out sale is nearing the end
and prices have been lowered to regular
wholesale ratee. Come today. McAllen
& McDonnell, Third and Morrison.
Epacial sale flmi hoa at Rosenthal's, 1
SALEM. Or.. Aug. 11. fSpecial.)
The Supreme Court today reversed
Judge John B. Cleland In the case of
John H. Olston, administrator, as ap
pellant, vs. the Oregon Water Power
& Railway Company, respondent, in
which case Olston averred that the
company had by fraud secured a set
tlement from him. The case grows
out of the death of W. H. Olston, who
was riding on an O. W. P. car in
November, 1905, and was crowded off
the over-crowded car during a panic
caused by the explosion of a fuse.
John H. Olston, as administrator,
signed a release of claim In considera
tion of J500 and funeral expenses.
When this suit for $5000 damages was
brought, the company set up the re
lease as a defense, but Olston offered
to show that the release was obtained
by fraud. Judge Cleland refused to
admit the evidence and for that reason
the case Is reversed and sent back for
re-triaL The opinion on appeal is by
Justice Eakln.
In reversing the decision of Judge
Galloway, In the case of F. S. Van
Buskirk, et aL respondents, vs A. B.
Bond, appellant, from Linn County,
the Supreme Court laid down the rule
of law that an individual cannot sue
to enjoin the obstruction of a high
way unless he is Injured In a manner
different from that suffered by the
general public and that even then he j
cannot sue to enjoin If the existence
Of the highway is in dispute. His 1
The presence of surveyors for the South
ern Pacific Railroad Company in Mllwau
kie has led the people there to believe
the company will consent to establish a
passenger depot in Milwaukie before it
can hope to get a franchise through the
pioneer town. Ever since there were
prospects of the Southern Pacific running
a cut-off through Milwaukie from Wills
burg the question of securing a depot
has been considered. The Milwaukie Bee
says on this point:
"While the change will bring the line
probably right through the town, and in
many ways will be a drawback, and
many will be compelled probably to
change or dispose of their homes, still
the change will bring Its advantages. In
negotiating the franchise one of the sev
eral stipulations which might be made is
the erection -and maintenance of a suit
able depot.
"An adequate depot at Milwaukie, to
which the car system could bp extended,
would mean that many travelers who
wished to get quickly to the center of
the city would leave the car at Milwauki
and take the more rapid electric lines.
This would make Milwaukie the entrance
or gateway to Portland, and afford the
passenger, who did not wish to proceed
with the -train as far as East Morrison
street, a chance to alight. An arrange
ment or this order would bring many
travelers here and, no doubt, in course o
time hotel and other accommodations
would be in demand, which would vastly
help the commercial interest of Milwau
kie."
An effort will be made to have the pro
posed boulevard extended as to include
Milwaukie. This will mean the use of
the White House road and the erection
of a bridge across the Willamette River
at Milwaukie. It is well known that
there is a quiet agitation for annexing to
.Muitrsoman county a considerable por
tion of North Clackamas County, and If
this materializes it would bridge Milwau
kie into Multnomah County. A civic club
is to be organized at Milwaukie in the
near future to work for a passenger de
pot, the extension of this boulevard, pos
sible annexation to Portland and other
Improvements.
Will Decide Fur Case.
Presiding Judge Cleland, In the Cir
cuit Court, will render decisions this
morning in 'the following cases:
M. C. White against Jane Van Horn,
application for a temporary Injunction.
Wtlamina M. "Morton against Frank
A. Morton, application for suit money.
Lena Havllapd against. W. K. H'avl-
land, application for suit money.
Alfl Castel against Antone Castel.
application for suit money.
State of Oregon against Adolph
Adler. demurrer to Information.
Barr Will Probated.
The estate of Sellna Barr, worth
$75,000, was admitted to probate In the
County Court yesterday, upon the peti
tion of S. M. Barr, the widower. The
latter was appointed administrator, to
act under J2000 bond. J. G. Nelson
appears as surety on the bond. As ap
praisers of the estate the court ap
pointed Elsie S. Barr, Harry G. Barr
and George E. Barr. The annual rent
from the property la estimated to be
540.
Owners of Abnttlng Property Will
Hereafter Pay for Improvements
Instead of Meeting Cost
With Receipts.
Applications for 176,000 worth of main
throughout the city were held up by th
Water Board yesterday afternoon, pend
ing a written opinion by City Attorney
Kavanaugh on vital questions as to
how the Board shall proceed under the
new bond act. The petitioners are also
to be notified that none of the petitions
can now be granted under the old sys
tem, whereby the water funds were used
to pay the cost of extensions. If they
still desire the lmprovemnts called for In
the papers now on file, the cost. If the)
Board allows the petition, must be borne
by the property owners abutting, as' pro
vided by the terms of the new law.
As the water bond act la now In full
foroe and effect, it Is also doubtful wheth
er or not the Water Board has power
to proceed with the laying of mains al
ready ordered by It, but on which the
work has not actually been commenced.
This matter also was referred to the
City Attorney for an opinion. Until this
is received, nothing will be done, but It
is believed the report will be made soon.
Must Fix Xew Conditions.
The Water Board, after receiving the)
opinion of the City Attorney, will have
to formulate Its policy as to Just
what conditions it will recommend to the)
City Council the granting of any petition
for extensions of mains. Under the old
rule, as applied by Mayor Lane's Board,
Improvements of this nature have been
limited to localities where water Is abso
lutely necessary, and as the funds at
hand would allow.
It Is believed by Mayor Lane and mem
bers of the Water Board that there will
be fewer petitions for mains when It be
comes known that the new law Is In ef
fect and that all extensions laid In future
must be paid for hy the owners of abut
ting property. However, It seems cer
tain that there will be a vast amount of
this kind of work done here in future.
and especially In those districts where
hard-surface pavements are to be put
down. It is the desire of all who are
thus Improving their property that all
pipes and mains shall be laid before the
paving is done, as it facilitates the work.
Board Faces Great Task.
The Water Board is now facing the
greatest task of years. When the bond
issue is sold, there will be available
$3.01X1.000 for expenditure by this depart
ment, at -the discretion of the City Coun
cil, the power to expend the amount be
ing vested In the Council. The Water
Board recommends any purchase and. If
granted by the Council, superintends the
construction. The money Is to be spent
In laying a second pipeline from Bull
Run and for sufficient reservoirs to
store the supply. It was said yesterday
that one of the reservoirs will have to b
large enough to hold ljn.noo.OOO gallons of
water. The Board must select a loca
tion for this, a problem Itself difficult.
The Water Board and City Council
have far greater powers under the new
law than Is granted them hy the charter
on any other subject. The Board can
refuse to grant a petition for extension of
mains: It can grant the petition If it
deems wise or if can recommend to the
Council the laying of mains In a dis
trict where there has been no petition.
This power is such that It gives the
Board and Council absolute control of the
situation. The property owners have the
right to remonstrate, if they wish: but
there is no provision whereby any certain
number of remonstrants shall stop an Im
provement. Reservoir on Council Crest.
M. J. Kelly, business agent for the
Iron Trades Council, was present to ask
the Board to hasten proceedings to lay
the pipeline and to recommend riveted
steel pipe as the best material to be used.
Mayor Lane interrupted the speaker,
however, stating that it is too early In
the day for this, as the bonds have not
even been ordered sold.
"1 know that." said Mr. Kelly, "but I
am agitating the subject; I want to get
some speed on this matter."
The Board voted to accept a site on
Council Crest, offered by the John I'.
Sharkey Company, for a reservoir, to
gether with a right of way. Tills Is con
ditional upon the placing of all rights to
the property in the city's hands. If this
deal goes through, the Council Crest peo
ple will be supplied with water.
Supplies for Astoria Militia.
ASTORIA, Or.. Aug. 11. (Special.)
Captain Abercrombie of the First
Company. Coast Artillery Corps, Ore
gon National Guard, has received offi
cial notice that the equipment for the)
new military company with the ex
ception of the rifles has been shipped
and it should arrive within the next
few days. The company now has its
full quota of members and so many
more young men have applied for ad
mission that a petition will be pre
sented to the State Military Board
next month, asking permission to or.
ganlxe a second company In Astoria,
Pioneer Mill Man 111.
ABERDEEN. Wash., Aug. 11. (6pe.
clal.) Charles Wilson, of the firm of
Wilson Bros., one of the pioneer mill-
men of the harbor, was brought here
toda from California in a special car.
Mr. Wilson has been in California for
some months and his condition la re-g-arded
as critical.
IJME
Is to love children, and no
home can be completely
happy without them, yet
the ordeal through which
the expectant mother must
pass usually is so full of
suffering, danger and fear
that she looks forward to the critical hour with apprehension and
dread. Mother's Friend, by its penetrating and soothing properties,
allays nausea, nervousness, and all unpleasant feelings, and so
prepares the system for the ordeal that she passes through the event
safely and with but little suffering, as numbers have testified and said,
"it is worth its weight in gold."
$1.00 per bottle of
druggists. Book contain
ing valuable information
mailed free.
THE BRADFIELD REGULATOR CO. J !fQ
Atlanta, Ga. J kxJj
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