TITE 3I0HXIXG OREGOXIAN, THURSDAT, SEPTEMBER 3. 1903. HAMILTON'S DEATH PROVES DEFENSE Jewelry-Store Robber, De clared Insane, Passes Away in Sanitarium. ACTS WERE SENSATIONAL Broke Into Down-Town Jewelry Stores at Xijht and Took Plunder Worth $1500 Mental Ir responsibility Pleaded. Death yesterday proved the defense of Fred N. Hamilton, who was arrested In July fbr robbing- three downtown Jewelry stores. His friends pleaded Insanity, and the younsr man escaped the law's penalty for his crimes. In stead of a Jail, a sanatorium received him. People said Justice had been de feated because he had rich relatives, and that he was not mentally deranged at all. Death ended life's fitful fever for Fred Hamilton yesterday. The Insanity his friends urged hi bis defense laid its withering hand upon him and he faded and died- He passed away yesterday morning at Mountain View Sanatorium, removing all doubt that he was mental ly Irresponsible when he committed his robberies. Paresis, resulting from a blow on the head when Hamilton was a member of the Multnomah Club football team, caused his death. Before the robbery of the Jewelry stores, friends noticed Hamilton was -queer," and they sus pected he was unbalanced. He had a mania for diamonds, and talked of im aginary big business deals he was put ting through, and on which he was to realize vast fortunes. It was no doubt his unfortunate mania for genu that caused him to commit burglary and loot the Jewelry establishments. While he was In Jail his insane desire to possess diamonds was remembered by his friends, and mentioned as indications of insanity. Hamilton's sister, Mrs. Melville Dol lar, of San Francisco, wife of a wealthy steamship-owner, came to Portland and employed John F. Logan as attorney for her brother. Mr. Logan was satis fled that hl client was insane and signed a complaint, charging Hamilton with being mentally irresponsible. The prisoner was examined before Judge Webster and declared to be of unsound mind. He was taken to a sanatorium ard confined there. Then the newspaper-reading public, critical of courts which let prisoners escape on insanity pleas, denounced the performance as Judicial favoritism to a prisoner with wealthy friends. But j.amtlton's case was proved in about the only way It could be to disarm these critics. Death was hia advocate, and proved that hia criminal tendency sprung from a mind diseased. The looting of the three downtown Jewelry stores by Hamilton in the early morning of July 14 was one of the boldest series of burglaries of recent ' years in local police annals. He broke into the stores of the Oregon Jewelry Company, 114 Third street; Heitkem per's, 188 Morrison, and Aroneon Bros.', 24 Washington, one after the other, and secured cut-glass, watches, rings and other articles to the value of about IloOO. He was arrested at 2:30 A. M. by Officer Anderson, who fired three shots at the prisoner in stopping him. One bullet lodged in Hamilton's foot. Hamilton never urged the Insanity plea In his own defense, maintaining that he was sane and 'knew what he was doing when he committed his rob berles. Friends declared, however, that his mind was deranged by a blow re ceived In a football game several years ago. The courts were satisfied that this was true when Hamilton was sent to the sanatorium. WOMAN DENIES CHARGES LOUSE POWELL-STETEXS RE PLIES TO STEVEXS ANSWER. Enters General Denial In Rejoinder to Reply of Putative Husband to Her Complaint In Suit. Attorney. A. E. Clark, representing Mrs. Louise J. Powell Stevens In the suit brought by her against her husband. T. M. Stevens, to recover upwards of from him on a contract, filed her reply to Stevens answer in the State Circuit Court yesterday. A general denial is made in the reply to the allegations in the answer. Mr. Stevens is president of the Portland Rice Milling Company, and of T. M. Stevens & Co. Thomas C Day, Stevens' attorney, pre pared and filed the answer, which alleges that Stevens was never legally married to Mr. Stevens, and that in any event, whether she was or was not married to him. she violated the contract by which he was to pay her $300 a month, and that it Is therefore at an end, so far as It is unfulfilled. He does not ask to recover the ($000 mortgage already given her. Stevens says that the contract was only entered into when It was discovered that they could no longer maintain their rela tions with happiness. He says It was agreed that they live together still, under the same roof, but that all their affairs should be conducted separately. From the jno a month which he paid the woman with whom he had lived for 16 years, she was to pay the household expenses for both, and was at liberty to keep the re mainder for her own use. He says that she. on her part, agreed to attend to the household duties, and not to Interfere with his actions In any way. After he had turned over to her the property she demanded in consideration of the bargain and had paid the 1300 for sev eral months, he says she began to object to his conduct, and even went to the extent of taking his personal belongings Including his wearing apparel. When presented with this state of affairs, Ste vens says he was compelled to seek other quarters, and that when he did so, he discontinued the. monthly payments. He ays his alleged atfe has no cause for ault. Although the case is now ready to be tried, it Is not probable that It can be reached before December, as the docket Is filled well Into November. Sew Quarters lor Bank. The Lumbermen National Bank will move to new quarters upon the completion of Gay Lombard's building, at the corner of Fifth and Stark strews. The bank will cct.iy the ner of the building on the round floor, a location which will ba an wmi one r buKding will be known as the Lumbermens building and will be occupies ny lumra Ing and timbering interests.. Because of this fact It will be a splendid location for a bank whose clientele is composed large ly of lumbermen. The building will be Mx stories In height and the walls w411 be built sufficiently strong so that four additional stories may be added if desired. The bank will occupy its present quarters, at Second and Stark streets until 6pring, when the new building is expected to be completed. HALT IN WIDENING PLANS Proposed Reduction In Affected Ter ritory Displeases MontaTllla. Complications have resulted from ef forts to reduce the assessment district for the widening of Villa avenue to 80 feet, and also from the movement to lower the grade from that established by the City Engineer. At the meeting of the Montavtlla Board of Trade Monday night, a number of property-owners were present to protest agalnet cutting down the territory to be assessed from 1000 feet on each side of the avenue to 600 feet, as some had proposed. It had been announced that this re- JFi red X. Hamilton, Jewelry-Store J Robber, Whose Death in Sani- I tarlum Proves Defense of In- I sanity. f ductlon of the territory would be at tempted at this meeting, and they were there to protest Opposition was so pronounced that no attempt was made to reduce the territory. Also opposition has arisen over the change of grade from the owners of the Jonesmore tract, who have spent several hundred dollars In grading streets and laying sidewalks to conform to the first grade. To change the grade now would cause much expense. Just what will be the outcome is not known. Complications spring up at every step over the open ing and widening of Villa avenue, but it is considered important for Monta vtlla, North Mount Tabor and Center Addition that Villa avenue should be opened through the Ladd farm at an early day. A resolution was adopted at this meeting declaring it the sense of the meeting that the Madison bridge should be rebuilt on the present location at once with the $450,000 appropriation. GRANT SCOTT PASSES AWAY Tuberculosis Claims " Well-Known Sportsman and Ex-Mall Clerk. Remains of Grant Scott, who' died Tuesday morning at his home, 1232 East Ninth street. North, will be cremated, and announcement of the time of the funeral services will be made later. Tuberculosis was the cause of death, Mr. Scott having suffered from the dis ease for a year past. He had been confined to his bed for the past four weeks. He was well known in Portland and in other cities of the state He was born in Salem 46 years ago. the son of the late Captain L. S. Scott, one of Oregon's pioneers He is sur vived by a widow, two children, mother brother and sister. The mother, brother and sister live In Portland, the wife and children in San Francisco. For a number of years Mr. Scott was a railway mail clerk, with Portland as his headquarters. He entered business for himself 16 years ago and conducted the Pantheon saloon, on Third street. He was famous as a bird 'and dog fancier and was one of the founders of the local Kennel Club. HOYT TO BE PRESIDENT i Probably Will Be Chosen Head of Rose Festival Association. Ralph W. Hoyt. cashier of the Mer chants National Bank, is slated for the presidency of next year's Rose Festi val. It is announced that he will be elected to the position at the annual meeting of stockholders, that will be held next Monday night. Mr. Hoyt will, if he accepts the honor, give up his pri vate business and devote practically all his time to the business of the Festi val. Mr. Hoyt is treasurer for the Festi val, and he has shown great interest In making the annual Rose Show a suc cess. His work has contributed no lit tle to the growing prominence of the Festival each year. It is beliaved that if he were put at the head of the enter prise, and gave his whole .time to mak ing it go, the Festival would ge a big ger affair than would otherwise be possible. FREE COOKING .SCHOOL Today Mrs. T. B. Wheelock. the cele brated cook and demonstrator, will give two lectures In the basement an nex of the Honeyman Hardware Co.'s store. MENU 10:30 A. M. Turkish Coffee Cake Pineapple Cream German Potato Salad MENU 2:30 P. M. . Adirondack Salad (in vegetable bowl) . Steamed Apricot Pudding Hot Bean Salad Exonerates M. C. Benbow. PORTLAND. 8ept. 2. (To the Editor.) In Justice to M. C. Benbow, president of the Commercial Abtrc-t Company. 1 beg to state that his arrest last Saturday upon my complaint was solely the result of a mis understanding. I wish also to state that Mr Benbow did not promise me $10 per month for the use of 30O as stated In the daily papers. Mr. Benbow Is absolutely In nocent of sny crime and it is due to him that I make these statements and thus do all 1 can to rlftht any wronr that may have been done him. 1 regret the whole affair exceedingly and I would never have brought the proceedings had 1 understood. fee s eeeesss-s. ...; r ' -.. -' ''-: '-';X:'-: 1 1 'r . - j t r . i : t If I L LL- Jt MITCHELL ESTATE IS NOT LIABLE Federal Judge Decides Govern ment Cannot Collect $1000 Fine. PROCEEDING IS DISMISSED Court Holds That Death of Defen dant Prevents Punishment That Law Contem plated. In an opinion rendered yeBterday United States Judge Wolverton holds that the United States cannot enforce the collection of the $1000 fine that, was imposed upon Senator John H. Mitchell from his estate. In passing on the case Judge Wolver ton contended that the sole question pre sented for consideration was whether the proceeding against the deceased was abated by the death of the Senator, so that the Government was not now enti tled to receive or recover the fine Im posed from the Mitchell estate. In de ciding against the Government Judge Wolverton declares that the fine is not a subsisting claim or demand against Sen ator Mitchell's estate. The Federal stat utes, says the court, provide only for the enforcement of a fine as a fine, but not as a debt On July 25. 1905, Senator Mitchell, hav ing been convicted of a charge of con spiracy, was sentenced to a term of im prisonment and to pay a fine of $1000. While the case was on appeal on a writ of error Senator Mitchell died, and, on motion of counsel for the defense, the court dismissed further proceedings In the case. The Government then present ed a claim to Colonel David M. Dunne, administrator of the estate, 'for the amount of the fine and accrued interest. The administrator went Into court and asked that the proceeding against the estate be abandoned and that the fine be canceled. In dismissing .the proceeding brought by the Government to recover from the estate the amount of Senator Mitchell's fine, Judge Wolverton said: "Imprisonment, In Its general sense, is the restraint of one's liberty. As a pun ishment, it Is restraint by judgment of a court or lawful tribunal, and Is personal to the accused. It is a thing self-evident, therefore, that the death of a person upon whom such a Judgment Is Imposed would put an end to an Infliction or en forcement of the punishment. A fine being a pecuniary punishment imposed upon the person, it would seem that a like result would follow. If the accused should die before the punishment was In reality enforced or Inflicted, he could not be pe cuniarily mulcted or punished "in person after he had ceased to exist. In passing Judgment, whether of 'imprisonment or fine, it Is the purpose of the court and the law that the accused be personally pun ished for the amendment of his life and of his deportment In the future and to. deter others from committing like of fenses." RULING OX RIGHT OF WAY Federal Judge Dismisses Demurrer Jn Railroad and TelegTaph Case. An Important ruling on the rights of one public service corporation over the right of way of another corporation was made yesterday by United States Judge Wolverton in an opinion by which "he overruled the demurrer of the Oregon & California Railroad Com pany and the Southern Pacific Company to the bill of complaint of the Pacific Postal Telegraph-Cable Company. This is a sui in which the Postal Company seeks to compel the railroad company to permit It to use the railroad cor poration's right of way between Port land and the south boundary of the state, a distance of 36S miles, for the construction and maintenance of tele phone and telegraph lines. The demurrer of the railroad com pany was based on the contention that the Oregon statutes did not confer the right on one public service corpora tion to condemn the right of way or easement over and along the priorly ac quired right of way or easement of an other such corporation and, further more, that if such rights were con ferred, whether an easement or right of way, being once procured, by con demnatory proceedings or otherwise, may be Incumbered, through condem natory action, with another easement or right of way, for the use and pur poses of another and different public service corporation. In overruling the demurrer. Judge Wolverton held that the Federal and state statutes not only do slot Inhibit a condemnation of the right of way or easement in land, but also author ize a condemnation, not only of land, but also of any lesser estate or Inter ests therein. "'Property devoted to one public use through quasi-public concerns, may be taken for another public use for like concerns, where the taking will not materially Impair or Interfere with, or Is not inconsistent with the use al ready acquired and is not detrimental to the public," decides Judge Wolver ton, after discussing the different statutes on the subject. "The prime essential is that the two uses may stand together and it is not of vital consequeVice that some incon venience may result to the prior occu pant, so that the later suitor does, not Interpose In such a manner as to ma terially Interfere with the practical use of the antecedent franchise." LONGSHOREMAN LOSES HIS STJIT Federal Judge Decides Plaintiff Could Sot Blame Stevedores. Robert Kinney, a longshoreman, lost his suit for damages against the Clan Graham, and Brown & McCabe, In the United States Court yesterday when Judge Wolverton, in an opinion, dismissed the libelant's cause of action. After re viewing the testimony the court holds that neither the owners of the boat, nor the stevedore firm of Brown & McCabe, which had the contract for loading the vessel, were responsible for the accident by which Kinney sustained his Injuries. The ship on which Kinney was em ployed In December, 1905. wh the ac cident happened, was of open-between-decks construction and the court held that Its owners did not owe It to the libelant or to any one else to provide a solid decking between the hatchway and the wing. It to further contended that Kin ney, being a longshoreman and accus tomed to working on such vessels, should have known of the conditions and for that reason personally was responsible for the accident. Suit Over, Land Grant. Suit to quiet title to land valued at $2200 was tiled against Francis P. O'Neill In the United States Court yesterday by the Eastern Oregon Land Company. The land Involved in this suit was originally a part of the Dalles Military Road grant. In addition to the landV the plaintiff seeks to recover $1600 damages and $760 rentals from O'Neill, who is alleged improperly to have occupied the lands for several years. HEAVY DEMAND FOR SEATS Annual Sale for Baker Stock Com . pany Breaks All Records. After days and nights of the most arduous work, box-office men at the Bungalow Theater are beginning to re sume their regular routine duties. It was by far the biggest annual seat sale In the history of the Baker stock com pany. For 23 hours men and women wom en chiefly lined the streets for blocks about the box office In order to pur chase tickets. The line started at 11 o'clock Tuesday morning, though the box office was not scheduled to open until 10 o'clock the following day. By 1 o'clock Tuesday there were 12 persons in line; by 7 o'clock there were 40, and by 11 o'clock Tuesday night there were 135. From that time on the crowd continued to grow, and late in the night Manager Baker opened the theater and Invited the waiting people Inside. However,.- before doing so he took ample precautions against speculation that has often been carried on in tick ets and against the possibility of those in line losing their places. He issued certificates, designating the position In line and the number of tickets desired. Many offers of bonuses were made by those who were not fortunate enough to get in early. The prlcea offered ranged from $5 to $20. Mrs. Husbands, the first In line, was frequently offered $20 for her position, while the same offer was made to Miss Grace Cawthorne, who occupied the second position. All the way down the line the offers were made, but few accepted. After inviting the long line of people Into the theater, Manager Baker served coffee and lunch. And scenes inside the new playhouse were interesting. In one box a crowd of messenger boys whiled away the time by playing pedro and poker; in an adjoining box a num ber of society women played "five hun dred" and whist. In other boxes many slept, while the crowd tried various other means of passing the time. In order to prevent the confusion that would follow if those who held certificates left the building, Manager Baker issued strict orders that none should depart. In order to enforce the rule a roll was called every half hour, and the crowd experienced great fun in waking the sleepers to answer to their names. All day yesterday "the crowd contin ued to swarm about the box office, and It was a late hour last night before the office men had a relaxation from the strain. Amusements What the II ess Acensa Bar. Matinee st the Baker Today. Dainty Grace Cameron, who Is appearing at the Baker this week In her great musical comedy success, "Little Dolly Dimples," will be seen In a popular-price matinee this after noon and the regular evening performances will be given throughout the rest of the week, closing Saturday night. There will also be a matinee Saturday. "A Lost Baby at the Oaks. The talk of the town this week la "A lost Baby." which the Allen Curtis Com pany Is presenting at the Oaks. It Is es pecially repeated because of numerous re quests' and will delight all the many lovers of high-class musical comedy. Remember that the pony and cart award will positively be made next Saturday afternoon. A big Labor day celebration has been arranged. "A Celebrated Case' Matinee. This afternoon the Ervln Blunkall Stock Company will repeat its phenomenal suc cess In the famous French melodrama, "A Celebrated Case." This remarkably effec tive costume play gives Warda Howard, Ervln Blunkall and all the other favorites of the company a great opportunity to appear at their best. COMING ATTRACTIONS. Richard Joee. Next Week. An unusually welcome attraction for all classes of people la the noted singer of bal lade. Richard Jose, who will make his first appearance at the Baker next Sunday matinee, supported by bis own company of players, presenting an original and laughable comedy entitled. "Don't Tell My Wife." Bungalow Opens Sunday Matinee. The Baker Stock Company will make Its first appearance In Its new home, the beauti ful Bungalow (formerly the Empire), next Sun day matinee and the opening attraction Is to be "Dorothy Vernon of Haddon Hall," being Paul Kester's dramatization as it was played In New York by Alberta Qalland. Planophiends Orpneum. Jesse L. Laskjr-s "Planophiends" wilt be at the Orpheum next week. The scenio setting Is sn elaborate piano salesroom in New Tork and during the absence of cus tomers, four salesmen and the manager are discovered killing time playing a stirring ragtime number on five pianos, when four ladies Join the musicians and nine pair of hands then play the five pianoa Lena Rivers" Next Week. The attraction at the Lyrkj for the week commencing 6unday matinee will be "Lena Rivers." a beautiful domestic drama made from Mary J. Holmes beautiful novel of the same name. This will be a rare opportunity to see warda Howard at her best. Star Theater Opens Sunday. The pantomimic cartoon comedy drama. "Hooligan In New York." will be seen at the Star Theater this week commencing Sunday matinee. September T. It Is said to be one of the most refreshingly original stage crea tions seen In many a day and abounds In humor and pathos from rise to fall of the final curtain. Besides Hooligan, who Is accompanied by his famous dog Flip, a company of well-known stage favorites will be In evidence. "Military Commander. George Street and Company will have a novel headline act at the Grand next week. ' This will be a representation of famous battle fields and military commanders Half a car load of scenery la needed for this specialty. Armstrong and Davis are booked to appear In the funniest automobile act ever written, "The Amateur Chauffeur." AT THE VAUDEVILLE THEATERS. Ventriloquist at Orpheum. It requires a decidedly new, novel and unique ventriloquist act to get a hearing before the booking agent of the Orpheum circuit, and In order to get any time at All tt muse contain the element of success. A. O. Duncan has an act that not only measures up to the requirements but ex ceeds them. His performance Is practically perfect. "A Bit o' Blarney." Best of all the secnlc acts which have been sent to Portland In vaudeville Is "A Bit o' Blarney." which the Grand Is presenting this week. It is played by Edwin Keough and Com pany and requires a full carload of scenery. The Idea Is novel and the electrical effects unique. Dorsch and Russell, the musical railroaders, have the best novelty musical act In the West. ' Trunks, suit cases and bags at a sac rifice. Bankrupt stock of the F. C. Trunk & Bag Co., is now on sale at Harris Trunk Co.. 132 6th. CHARTER BOARD TIE Unable to Frame New Act in Time for Submission at Fall Election. WILL APPEAL TO COUNCIL Des Moines. Plan, as Set Forth by Dr. Chapman, Draws Fire of Le gal Members of Commission and Is Voted Down. Further time will be sought of the City Council by the Charter Commission, In which the duty of revising the present charter or preparing an entire new one to be submitted to the voters may be per formed. The Council, in Its resolution creating the commission, called for a re port in time to submit the amendments or recommendations to the people in the November election. The work is so im portant that it was decided last night to seek an extension of time, and to that end Chairman H. E. McGinn named a committee, consisting of John M. Gearln, F. V. Holman. Dr. C. H. Chapman. John F. Logan and Dr. W. G. Eliot, Jr., to wait upon the Council next Wednesday and state the case. This action followed a lengthy discus sion of the features of the commission plan of municipal government, as con ducted in Des Moines, la., and the pres ent form of administration as operated in Portland. Dr. Chapman brought about discussion by several members of the commission of the relative merits of both systems by a motion to adopt the commission plan. This drew the fire of F. V. Holman, City Attorney Kavanaugh, John F. Logan, R. W. Montague, lawyers, and of Dr. Eliot and F. E. Beach. All were unfavorable to such action at the time, each express ing the opinion that the members of the commission had not had the time neces sary to prepare to act on a matter .of such grave importance. "I foresee the fate of my motion," said Dr. Chapman, after the Des Moines plan had been adversely discussed by several. "It Is as a poor, shivering lamb, thrown among wolves, and will be devoured. However, I cannot withdraw my affec tions from It." Says Lawyers Like Present Charter. Dr. Chapman continued by saying that he could plainly see why lawyers like the present city charter, which he character ized as the poorest kind of a document, but said he could not see why the pub lic should favor It. Lawyer Montague replied by saying that the present charter has reduced litigation greatly. - "Yes, perhaps, but I notice that about everything that is attempted to be done under this charter ends In litigation," re plied Dr. Chapman. "But the members of the commission ' are opposed to my motion; you will vote It down, but, gen tlemen, you will live to see the day when you will wear sackcloth and ashes for having rejected so promising an infant." Dr. Eliot inquired of Dr. Chapman what answer Dr. Chapman had to the argu ment that there is insufficient time In which to frame a charter on the Com mission plan. Dr. Chapman said he thought the Commlusion could have all the time necessary and that he did not favor hasty action. He said that Mr. Holman, when speaking against the Des Moires plan, began by saying he did not know anything about it, "and he pro ceeded, by lengthy argument, to demon strate that fact," concluded. Dr. Chap man To this thrust. Mr. Holman replied by saying that he did not like to have such remarks made; that he thought he is of about average Intelligence, and that he objected to having any one give out the Idea that he had not been able to master the details of the Commission plan. He said that he had only read the Dos Moines charter once. Dr. Eliot also objected to Dr. Chapman's caustic flings, and said he thought them "unwarranted strictures." While being unrrepared to vote for the motion, he said, still he "might be able to atk even Dr. Chapn an some questions about the ijes Moines plan that Dr. Chap men could not answer." "I think Dr. Chapman's ewe lamb is, in reality, a wildcat," laughingly re marked Mr. Montague, and the general laugh that followed concluded the more or less stormy portion of the session. Ben Selling, chairman of the committee named to Investigate' and report on the Des Moines plan, declared that he would not consent to be a party to any attempt at drafting any kind of a new charter or of trying to go very deep into a revision of the present one, without all the time necessary to do thorough work. His com mittee made its report last Friday night, and favored the commission plan. Mr. Selling strongly favored requesting ad ditional time of the Council. After a gen eral discussion of the- matter. Dr. Chap man withdrew his motion and substituted another. seeTdng an extension of time from the Council. This was carried. The entire session, save that portion in which the last motion was made and carried, was conducted in committee of the whole, with Judge McGinn in the chair. City Attorney Kavanaugh, as chairman of the committee named to Investigate and report on the present form of gov ernment in Portland, read a detailed re port. He concluded by strongly recom mending its adoption, and saying that the committee deemed it wise to go through the present charted and revise it where needed. His resume of the fea tures of Portland's charter was clear and strong and showed great care in preparation. It detailed all the salient points of the present organization of mu nicipal affairs and explained the respec tive duties of the Council, Executive Board, the Mayor, the Water Board, the Board of Health, the Park Board and the Civil Service Commission. . Those favoring the commissison plan of government contend that, by placing the responsibility of the administration of affairs in fewer hands, business is pro moted, whole those opposed to the smaller number of Councllmen and the Des Moines system hold that It would In crease official corruption in public affairs and result in no Improvement over the present plan. Chapman Attacks Old Charter. Dr. Chapman, who was chief spokesman for the Des Moines plan, attacked, the present charter on the ground that It is virtually wrong in principle. He de clared himself In favor of uniting in one body the legislative and executive bodies, now the Council and Executive Board. The other details of the Des Moines plan, he said, are Insignificant. He declared that wherever municipal governments have had the separated bodies, one with legislative and the other with executive power, there has been corruption and In efficiency. Under the present charter, he said, there has been constant pulling in opposite directions by the Mayor and Council, and he said that the city can never be conducted efficiently under It. This was followed by discussion of the merits and demerits of both forms of government by several of the members of the commission, the majority of whom, in ASKS IRE Grand Central Station rime Card SOUTHERN PACIFIC. Leaving Portland Roseburg Passenger Cottage Grove Passenger. California Express Ban Franclsoo Express ... West Side Corvalli Passenger ...... Sheridan Passenger Forest Grove Passenger. Forest Grove passenger.... Forest Grove Passenger... Arriving Portland Oregon Express . Cottage Grove Passenger Roseburg passenger ..... Portland Express West Side -Corvallls passenger ...... Sheridan Passenger Forest Grove Passenger ... Forest Grove passenger. . . Forest Grove Passenger. .. . 15 a. m, :15 p m 4ft p. m W) a. m. 20 a m. 10 u. m. 50 am. :O0 p. m. 40 p. ZD, 15 a. m. 30 a m. 80 p. nt. lft p. m. 20 p. m. au a. in itio a. m. 50 a m. ;30 p. m. NORTHERN PACIFIC. Leaving Portland Tacoma and Seattle Express ... 8:80a.m. North Coast Chicago Limited. 2:00p.m. Overland Express 11:43 p. m- Arrivlng Portland North Coast Limited T OO a. m. Portland Express 4:15 p.m. Overland Express 8:35 p. m. OBEGOX RAILKOAL) NAVIGATION CO. iavlnv Portland I Pendleton Passenger .... ...I 7:15a.m. Chlcago-l'oruana special Spokane Flyer Kansas city Chicago Express. Arriving Portland Spokane Flyer Chi.. Kan. City Portland Ex.. Chicago-Portland Special 8:30 a m. 8:15 p. m. 8:00 p. nx 8:00 a m. 8:45 a m. 8:50 p. m. 3:15 d. m. Pendleton passenger ASTORIA ICOI-CMBIA RIVER. w ...-in. PnHland-. Astoria Seaside Express.... bf aside Special (Saturday only) Astoria at Seaside Express .... Arriving Portland Astoria & Portland Passenger.. Portland Express Seaside Special (Sunday only). 8:00 a m. 2 :20 p. m. 5:30 p. m. I4-1K n n 10:00 p. m. ,10.20 p. m. CANADIAN PACTFIO RAILWAY CO. ravine Portland C. P. R. Short Line, via Spokane 8:15 p. m. 11 :45 p. m. Via Seattle Arrlvldg Portland C. P. R. Short Line, via Spokane Via Seattle 8:00 a m. T:00a m. Jefferson-Street Station SOUTHERN PACIFIC. Leaving Portland Dallas passenger 7:40 am. Dallas Passenger 4:13 p.m. Arriving Portland Dallas Passenger ...10:15 am. Dallas Passenger 5:50 p. m. OHEOON ELECTRIC RAILWAY. Arriving Portland vVllsonvllle Local 6alem and Intermediate Local .. Wllsonvllle Local -.. Salem and Intermediate Express. Salem and Intermediate Local. . Wllsonvllle Local Salem and Intermediate Bxpresa Salem and Intermediate Local.. Salem and Intermediate Express. Leaving Portland 7:05 a m. 8:15 a m. 10:30 a m. 11:20 a nx 1 :20 p. m. 4:45 p. m. 4:00 p. m. 5:40 p. m, 615 p. m. 8.23 a m. 7:33 a m. 8:35 a m. Salem and Intermediate Local. . Wllsonvllle Local Salem and Intermediate Bxpresa Salem and Intel mediate Local.. Wllsonvllle Local Salem and Intermediate Express. Salem and Intermediate Local . . Wllsonvllle Local Balem nnd Intermediate Express. 11:10 a m. 1:10 p. m. 2 :05 p. m. 8:80 p. m. 5:10 p. m. 6:05 p m. the circumstances prevailing, opposed the adoption of the Des Moines plan. The oonsensus of opinion seemed to be that the commission system Is still a radical experiment, and that It Is doubtful if it will work well In a large city. 81gel Grutze read a number of letters from the Mayors of several large Ameri can cities, none of whoch were favorable to the Des Moines plan. All seemed to regard It as a doubtful experiment. The next session of the commission will be held In the Council chambers next Wednesday night at 8 o'clock. BENEFIT BASEBALL . GAME Seattle and Portland Bankers Will Flay Labor Day for Charity. The baseball game to take rlace on Labor Day, Monday, September 7, be tween a team representing the Nation al Bank of Commerce, Seattle, and a team picked from the United States National Bank and First National Bank of this city, is arousing more than ordi nary interest, as the funds derived from the sale of tickets are to be turned over to the Portland Open Air Sanatorium, a most worthy charity. The game will be a good amateur contest. Both teams have been prac ticing hard all Summer. The Portland bankers dtsieated the Seattle team on the Fourth of July, but the Seattle team has been greatly strengthened, and, after going through the season in the Bankers' League In Seattle with out losing a single game, confidently expects to turn the tables on the Port land contingent. The game will be played on Mult nomah Field and will be called at 3 P. M. Admission, Including grandstand, 25 cents. FALL DRESS GOODS. New herringbone and chevron stripe suitings in all leading colors on sale at $1.00 a yard. Come 44 Inches wide. 36-inch black taffeta Silk at 87c i yard. See Morrison-street window. McAllen A McDonnell, Third and Mor rison. Articles of Incorporation. LORITAN INVESTMENT COMPANT In corporators, S. B. Linthlcuin. J. C. Flanders snd A. B. Qhhart1t: cspltnllzatlon Slono. TRIED TO FORCE IT Thought System Would Soon Toler ate Coffee. A Boston lady tried to convince herself that she could get used to coffee, and finally found it was the stronger. She writes: "When a child, being delicate and nerv ous, I was not allowed coffee. But since reaching womanhood I began its use, and as the habit grew on me, I frequently endeavored to break myself of It, because of ite evident bad effects. "With me the most noticeable effect of drinking coffee was palpitation of the heart. This was at times truly alarming, and my face would flush uncomfortably and maintain its vivid hue for some time. "I argued that my system would soon accustom itself to coffee, and continued to use It, although I had a suspicion that It was affecting my eye-eight, also. The kidneys early showed effects of cof fee, as I found by leaving it off for a few days, when the trouble abated. "Finally a friend called my attention to Postum. At first I did not like It, but when made right boiled 15 minutes un til dark and rich I soon found Postum was Just what I wanted. No flushing of the face, no palpitation, no discomfort or Inconvenience after drinking it. "Of course, all this was not felt In a week or two weeks, but within that time I can truthfully say a marked difference had taken place and a great deal of my nervousness had vanished. "At the present time my health Is ex cellent, due to a continued use of Postum, with a general observance of proper hy giene. Of nothing am I more convinced than that if I had continued drinking cof fee, I should be today little less than a nervous wreck, and possibly blind." "There's a Reason." Name given by the Postum Co., Battle Creek, Mich. Read "The Road to Well ville," in packagea. Ever read the above letter? A new one appears from time to time. They are genuine, true, and foil of human Interest. EDUCATIONAL, In the Business College World Means all that is modern. , Attested by our popularity and attendance. Get our catalogue and learn why our school leads; why our graduates are all employed. Day and night classes throughout the year. Elks Building Portland. Oregon MEDICAL DEPARTMENT of the University of Oregon Twenty-second annual session beslns Bsi. timber 14. 11)08. Address 8. B. Josepat. Vf D.. Dean. 810 Dekum bids.. Portland. SUMMER RESORTS. SEE THE OCEAN HOTEL MOORE OPEN AU, THE TEAR. CLATSOP BEACH - - - SEASIDE. OK. THIS CLIFF HOUSE! OF OREGON. Directly on the beach, overlooking the ocean. Hot salt baths and sure bathlns; recreation pier for fishing; sun parlors; electTlo lights; fireplace and furnace heat. 6a foods a specialty. Fine walks and drives. Kates $2. 50 and $3.00 per day. For particulars, apply to the Danmoora, DAM J. MOORE, Fran. ShiphercTs Springs Health Builder. THE MOST COMPLETE RESORT. Hot Mineral Baths. WE LEAD THEM ALL. Rates. (2.00 to (8.00 Per Day. . MINERAL SPRINGS HOTEL CO, E. L SHIPHERD. MGR. Carson. 'Washington. TOURISTS Don't fall to see the Cascade Locks, enjoy 8 or 4 hours' rest and recreaatlon viewing the grandest scenery in the United States. Visit the Mountain Rest Bungalow and par take of the finest dinner served outside the City of Portland. Special rates on boat or trains. One and one-half hou-s" ride from Portland. Take steamer Bailey Oat-sert at 7 A. M., return by train arriving In Portland at 5 P. M. Four hours at the Locks. AMERICAN GENTLEMEN WATCH ME GROW PREMATURE GRAYNE5S 1b tbe fata of many ft yoQnf fa. IMPERIAL HAIR REGENERATOR '.T?iiia the only harmless preparation fcvr -cnown whloh when applied eannos I &S l" detected, is unaffected by batb lrr r shampooine;; permits curltnf. W'"r:. Restores Hair to Its Natural Color. Sample of hairoolored free. Privacy c' assured correspondence. IMPEBUL CUB.H. MFQ Ca., 155 W. 134 Si Nsw Tark Howe At Maxtm, iis Washington Street. Watch for Columbia Woolen Mills Co.'s Eeason Why" Contest in Sund?j Papers.