THE MORNING OREGOXIAX, FRIDAY, SEPTEMBER 13. 1903.
14
CITY MAY SPECIFY
STREET PAVEMENT
Kavanaugh Rules That Objec
tion of Streetcar Company
Is Not Tenable.
READY FOR LEGAL FIGHT
Remonstrance Against Allowing
Council to Dictate Kind of Im
provement Between Tracks
May Be Settled la Court.
The City Council has authority to order
any kind of Improvement it wUhes be
tween the tracks and on each side of the
tracks of the Portland Railway. Light &
Power Company, according to the opinion
of City Attorney Kavanaugh, submitted
to the street committee of the Executive
Board yesterday. He further declares
that he la prepared to take the necessary
steps to compel the corporation to pay
the assessment, if the city so desires.
This oclnlon is one of th most impor-
1 taut and far-reaching ever submitted by
, the City Attorney. It was given at the re-
quest of the street committee of the Ex
; ecutive Board, inasmuch as the railway
; officials had served formal notice upon
! the Mayor, the Council and the Executive
Board that it would remonstrate against
all future Improvements, except such as
those stipulated in the various franchises
j owned and controlled by the corport-
tion. These specify that the company
shall Improve between its rails and one
foot on the outer side of lta tracks with
the material with which the street is im
proved. The Council has for years been
specifying Belgian blocks, and it Is the
wish of the members to continue this kind
: of improvement.
Mr. Kavanaugh'a opinion is as follows:
Opinion of CUy Attorney.
The street committee of the Executive
Board has referred to me the protest of
the Portland Railway. Light Power Com
' pany against the Improvement of certain
streets, and requests a report thereon.
By this means the company aerrea notice
', en all city officials that It will hereafter
! not Improve portions of streets on which
I It holds franchises, between the rails, be
tween the tracks, and for the width of one
' foot beyond the outermost rails, with any
kind of pavement or Improvement other
! than the kind with which the street Is
paved or Improved adjacent 10 tne iracju.
This communication directs attention to
several franchises the company now owns,
and special reference is made to several
streets where Improvement proceedings are
pending and on which the city is attempt
ing to compel the company to Improve the
portions of the streets It Is required to Im
prove and maintain with a different kind of
Improvement to that laid by the city on the
same streets. The company also protests
against being required to lay rails weighing
snore than 60 pounds to the yard on a
street where a concrete foundation, or other
foundation. Is laid or may be hereafter
l.M hv tha city.
I 60 far as I am advised, the city has
! ordered a different kind of improvement
i only between the tracks and for a distance
ei one foot beyond the rails of each track.
Studied Charter and Franchises.
1 1 have made a careful Investigation of
I the franchises now owned by this company.
I the charters under which said franchises
: were granted and the provisions of the pres
, ent charter relating so franchises that were
I In existence and operation at the time It
' went Into effect.
Experience has demonstrated that the
-weight and vlbrati.n of cars, operated on
' street railway lines, subject the Improve-
1 inent between the tracks and for a short
distance outside of the rails, to a greater
stress and wear than the Improvement on
c4her portions of the streets.
1 have given this question very
, careful consideration. and I am
of the opinion that the position taken
by the company Is untenable, and that
the city can require It to improve the
' streets between the rallj end for a reason-
I able distance outside of the rail with a kind
of Improvement different from that laid on
the other portion of the street. This power
should be reasonably exercised and no un-
! usual or unnecessary burdens should be im
posed upon the company, but within the
: limits of reasonablo exercise It can be
' enforced.
I am prepared at any time . to lnstltuts
appropriate proceedings to compel the com
pany to make such Improvement where it
nas delayed or declined to do so after rea
sonable notice from the municipal authorl
, Ilea Respectfully,
J. P. KAVANAXTGH.
J City Attorney.
CAPTURE YOUTH WITH COIN
. Railroad Agent Confesses to Secur
ing $2200 on Forged Orders.
t
; SPOKANE! Wash., Sept. 17. (Special.)
' Police at Sand Point. Idaho, arrested
' R. R. Brown, ex-Great Northern agent
' at Warland. Mont., with 500 belonging
! to the company. Brown confessed to the
; theft of fciiuo. but had spent JluO in four
. hours in Sand Point.
' Recently Strick. a Warland ealoon-
keeper sent through Agent Brown an ex
' press order for J200 on the Conrad Na
tional Bank at Kalispell. ' Brown, who
came from Spokane, forged the name of
Strick to 40 more orders for 50 each.
When the money reached Warland Brown
Jumped a freight train with the cash in
his pockets.
Hla absenoe from the Warland office
-was noticed by the conductor of a pas
senger train. He was traced to Sand
Point and after denying his action finally
confessed and told how the trick was
accomplished. Brown is not more than
IS yeara old. The officers recovered 0)60.
THINK SUSPECT IS DUNHAM
Slayer of Six Persons May Be In
Texas Jail.
SAN JOSH. Cal.. Sept. 17. A dispatch
this morning received by Sheriff Lang
ford from Deputy United States Marshal
JIcAfee, of Sherman. Tex., convinces the
Sheriff that the suspect held there is
without question Dunham. It was known
to a few of Dunham's assistants that he
n&d a large scar on his left foot, made
by an ax while chopping wood. The dis
patch reads:
"The suspect -has bad scar on left foot
Get busy."
The Sheriff, upon receiving this, at one
consulted with the District Attorney In
regard to steps for procuring the suspect
and a deputy will be sent to Texas to get
htm. Dunham la wanted here for snur
dertng his family and hired man and girl,
ctx in all. "on the night of May 25. 1S96, In
their orchard home near Campbell.
BRIGHT YEAR FOR PACIFIC
' VniTersity at Forest Grove Keopens
With Large Attendance.
1
j PACIFIC UNIVERSITY, Forest Grove,
-Cr., Sept. 17. (Special.) A larger number
cf students and alumni . attended the
opening of the college yesterday than
ver beior in tha history of tha Institu
tion. The prospects for a successful year
are unusually bright. The attendance
promises to be largely increased over that
of last year and the teaching corps has
been strengthened by the addition of sev
eral new professors and instructors.
Professor Ms on J. Baker comes from
the Olivet College. Michigan, to head the
department of chemistry. Mr. Baker has
had a thorough training and wide ex
perience as student and teacher and will
no doubt prove a strong addition to tha
teaching force.
A department of civil engineering is a
hew feature this year. Edward V. Price,
a graduate of Swarthmore College, will
have charge of this part of the work.
Mr. Price has had several years of prac
tical experience In railroad construction
and thoroughly understands his subject.
Miss Helen G. Abbott, a graduate of
Oberlin College and a teacher of several
years' experience In Oregon and Wash
ington, has been elected assistant in the
Academy.
Archie Hahn, the veteran University of
Michigan sprinter, will be retained as
director of athletics the current year,
coaching the football, track and baseball
teams. Thirty men turned out for the
first football practice last night and the
prospects for a winning team are un
usually bright. Nearly all of last year's
team are back In school and there is an
abundance of good material on hand for
the second team.
FILIPINOS REVERE TiFT
NATIVES SIXG PRAISES OF BE
PCBLICAX CANDIDATE.
Captain Dedrlck, In Aberden From
Manila, Talks of Conditions
in Islands.
ABERDEEN, Wash., Sept. 17, (Spe
cial.) "If the people of the Philippines
could decide the Presidential election,
Taft would win hands down. I believe
he would be the almost unanimous
choice."
This la the opinion of Captain Dedrlck.
of the barkentlne Kohala now in port.
The captain spent some time in the
Islands and has had a good opportunity
of learning something- of the opinions of
the people there.
'Taft stands well with a great ma
jority of tha people," says the Captain.
"Especially is this true In Manila, where
I was for 46 days, and had ample op
portunity to hear discussion and praise
of Mr. Taft's virtues. He made so deep
an impression on the natives that they
revere him almost as a god. Manila Is
an American city now. It has been great
ly improved under American rule. It is
sanitary and beautiful. American rule is
regarded as the very best that could
have been substituted for the Spanish
methods, and so far as I was able to
learn and observe, there is every Indica
tion of satisfaction with conditions there
at present. Naturally the natives In some
of the islands are troublesome and dis
satisfied, but that is to be expected."
The barkentlne Kohala had several
serious experiences In going to Manila
and on the return voyage, between May
25 and 28 last, the Kohala, was caught in
a typhoon in the China sea. The rudder
was carried away and the Bhip sprung a
leak, but managed finally to weather the
storm. In the same typhoon two steam
ers were lost, the steamship Arabia had
most of her stern carried away and many
other vessels were damaged.
After discharging ballast of sand and
rock here, the Kohala will go to Willapa
Harbor to load for Auckland, . New Zea
land. Captain Dedrlck has his family
always with him on his voyages. The
Kohala Is lying at the O-street dock and
Is one of the cleanest and brightest
looking vessels that comes to Grays
Harbor.
BRITISH TEAM STRONGER
TEXXIS PLAYERS BREAK EVEN
IX FIRST MATCH.
learned Beats Parke by Scratch
Playing, but W right Plays Losing
Game Against Ritchie.
BOSTON, Sept. 17. While Great Brit
ain and the United States broke even In
the two matches which opened the lnter
national lawn tennis contests at the
Longwood Cricket Club today, the visit
ors showed the stronger team, for M. J.
Ritchie, of London, put, out Beals C.
Wright, of Boston, with greater ease than
William A. Lamed, of Summit, N. J., de
feated John G. Parke, of Dublin.
Both matches were straight-set affairs,
Ritchie defeating Wright, 6-1, 6-3. 6-2,
and Larned overcoming Parke, 6-3, 6-3,
7-5. Ritchie scored 90 points to 61 for
Wright, while Larned played 113 strokes to
88 for Parke. Nearly 6000 spectators saw
the two matches.
Larned showed the same steady but
beautifully varied game which carried
him to victory at Newport last month,
and. while Parke, by cool, clever work
in the back court, broke through the
service of the American player twice and
carried 10 of the 30 games to deuce, he
could not get by the stone-wall defense
at the net nor handle, cleanly the hard
driven balls at the base line. Parke made
78 misplays to 63 by Larned. while the
American carried off 35 finely-played shots
to 25 for the Irishman. In the last set
Parke had Larned 4-2 and 5-2, but the
American champion rallied and took the
next three games and the match.
Meantime Wright was playing a losing
game with Ritchie. If he ran in the Eng
lishman passed him easily at the net,
while if he hung back Ritchie drove the
ball far out of his reach. .Ritchie showed
clever adaptability to the American same
by killing many of Wright's lobs and play
ing a little of the same game himself. As
a rule, however, his work was much of
the same character as that of Parke, low
drives over the net, well placed and care
fully Judged in speed.
Tomorrow the visitors will meet the
American champions, H. H. Hackett and
F. B. Alexander, In the only doubles event
of the series. '
Loads Rattler On to Hayrack.
REDMOND. Or.. Sept 17. John John
son a rancher at Redmond, loaded a rat
tler Into a hayrick with his alfalfa this
week without noticing the presence of the
snake A minute later, in passing the
hay, the rattler struck at him, missing
by a tiny margin. Johnson then dis
patched the reptile, seven feet in the air,
with his pitchfork.
Loses Valuable Horse.
HILLSBORO, Or., Sept. 17. (Special.)
The Hillsboro Shire Company lost a
very valuable English Shire stallion
last night, the animal having been
subject to convulsions for several
hours prior to death. The horse was
valued at 34593, and there was insur
ance to the extent of 11000.
Xew Building for Centralia.
CENTRALIA. Wash., Sept. 17. (Spe
cial.) Another business building is being
built on Tower avenue. The building
when completed will cost about 37000. It
will be 33 feet wide and 84 feet long and
two stories high. Concrete is the material
to be used in its constructluo, -
AGAIN SEEK BALLOTS
Right of Voting Is Sought for
Women Taxpayers.
PETITION FILED AT SALEM
Campaign on Xew Basis Is Receiv
ing Great Encouragement, De
clares Mrs. Dnniway, Presi
dent of State Association.
The Oregon State Equal Suffrage
Association yesterday filed petitions
with the Secretary of State for a new
woman's suffrage election. The prin
ciple upon which the petition is based
and npon which the campaign will be
carried on is that the right to vote
should be given all women paying
taxes on either real or personal prop
erty. This procedure was undertaken
for the purpose of opening an issue
for an active campaign of reorganiza
tion. The matter will be submitted to
the voters at the November election in
1910.
In all previous woman's suffrage
elections the effort has been to obtain
the suffrage for women under the
same conditions as is enjoyed by men.
The present petition is unique in that
it asks for the suffrage for women tax
payers only and is the first time that
such a measure has been presented in
this state.
Mrs. Abigail Scott Duniway. leader
of the woman's suffrage movement, is
confident that the measure will be fa
vorably received by the voters of the
Btate.
"Taxation without representation is
contrary to the letter and spirit of the
Constitution of the United States and
of the State of Oregon," said Mrs.
Duniway ldst night. "That is the
principle upon which we have gone to
work and upon which we expect to
win. The petitions have been favora
bly received everywhere. During the
six weeks they were in circulation we
received 1400 more names than were
necessary to secure their consideration
by the state authorities."
The following letter was on Wednes
day Issued by Myrtle E. Pease, cor
responding secretary of the Oregon
Equal Suffrage Association:
The officers of the Oregon State Equal
Suffrage Association have today tiled their
petitions with the Secretary of State for
a new Woman Suffrage Campaign. They
hereby extend a unanimous vote of thanka
to the voters and notaries of the state who
have so nobly aaatsted them in their pe
tition work and also for the courtesy and
kindness shown the workers.
They have met with encouragement from
many hundreds of men and women, who
have never before believed in woman suf
frage, who now say the action of the asso
ciation In taking one step at a time in
seeking the right of suffrage la wise; as
it gives a better opportunity to interest all
people In an Intelligent use of the ballot.
The credit for our leing able to carry
on this campaign is due almost entirely to
our venerable state president. Mrs. Abigail
Scott Duniway. Her work and Judgment
are highly commended by the voters in all
parts of the state. Is the report from tha
workers everywhere.
MOTHER APPEALS FOR SOW
Injury Sustained by Boy the Cause
of Interesting Lawsuit.
An unusual damage suit wherein a
mother Is seeking to collect money her
son would have earned had he not been
maimed when 16 years old, will be tried
before Circuit Judge Morrow today. A
Jury was Impaneled yesterday and visited
the premises of the Portland Manufactur
ing Company, at St. John, where the ac
cident occurred.
Mrs. Henrietta Magone is the plaintiff
and she asks $2027 from the company,
claiming that is the amount her 18-year-old
son would have earned up to the
time he is 21 had not his left hand been
severed through the company's alleged
carelessness, when the boy was 16. In
her complaint she presents figures show
ing the financial results of the mishap.
Had he not been incapaciated by the ac
cident his earning capacity between the
ages of 16 and 21 would be 32475, she says.
With his left hand gone he is able to
earn only 3120 a year and to the time of
his majority a total of but 3566. This
amount she deducts from what he would
have earned, adds to the result a sum of
3177 paid for medical attention. In ask
ing the award she says she has been
abandoned by her husband and is de
pendent to a degree upon the efforts of
the Injured son. The boy was injured
while operating a cutting machine for
the company in 1906.
PULL RECORD ON BOURNE
Washington Correspondents Com
pare Interviews.
OREGONIAN NEWS BUREAU, Wash
ington, Sept. 17. Portland papers con
taining Senator Bourne's interview, in
which he inferentially, though not spe
cifically, denied having said that Bryan
would defeat Taft, reached Washington
today and caused considerable amu.-e-ment
in newspaper circles. Newspaper
men who Interviewed Bourne before
and after the Chicago convention, re
called that the Senator had repeatedly
declared that Bryan would have no dif
ficulty in defeating Taft, and it was
also recalled that the very nfght Bourne
arrived at Hot Springs, prior to calling
on the Republican nominee, he told the
assembled party of newspaper corre
spondents, "not for Duplication," that
the Republicans were destined to defeat
this year, because Taft could not beat
Bryan.
It Is also of record that. Just prior to
the adjournment of Congress, Bourne
told various Senators, among them, Ful
ton and Borah, that Taft, if nominated,
would be defeated by Bryan, and thij
talk led to considerable caustic com
ment from Bourne's Republican colleagues.
DEATH R0LLN NORTHWEST
David Andrews, Lebanon Pioneer.
LEBANON. Or., Sept 17. (Special.)
David Andrews, a retired pioneer mer
chant of Lebanon, died last night at his
farm near Lebanon at the age of 68. For
30 years he was a merchant of this county,
and served one term as County Clerk of
Linn County.
J. H. Stack of Hillsboro.
HILLSBORO, Or.. Sept. 17. (Special.)
J. H. Stack, aged 77 years, and who
recently came here from California,
died at the home of his daughter, Mrs.
R. S. Alexander, six miles southwest
of this city, last night. The widow
survives.
Was Washington Pioneer.
TACOMA. Wash., Sept. 17. Seth "W.
Sibley, a pioneer of California and Wash
ington, died today, aged 78 yeara He
was born In Vxburg. Mass.. and went to
California in tha early '60s, removing ta
BIG VALUES AT LITTLE PRICES,
AND ON SMALL TERMS. -COME
TODAY.
Remember the Piano Exchange and
Bargain Room Sale, gives big values
. j .v-na i4 nav
al smaii prices anu ewj - . Tc.
ment to cause quick clearance it it tne
tg store s ciearing-iiuuac
Some of the highest-priced pianos made
come to this room through exchanges
for the Genuine Pianola Piano and
Baby Grands. ,
1 no I 1UO 1X1 UOV V w vv -
we state, eise it is not an Eilers Dar-
gain. wence ouying in mo -r ""V: .
change and Bargain Room is as though
you had willingly paid full price and
ii I a - V,rt,, half Af t h out
lav unexpectedly refunded, that's the
- ,-,1 .-m onrl Ttnr.
reainess i riauu iiwumisa,"'"'
grain Room economy. This has been
1 11.. ,- tlma an A X) tTAl Tl 1 TV
pruvcii pu 1 11 lud pno . . mu j
all Eilers Piano House Sales.
AS going IO snow mat wt.a -r m."
Store has won first place, in this city
and country around is the fact that
during the past year of business de-
than ever before. Why?
Because we have given values that
1 l-.iul. V. r - k.Aiiaht
wero 11 1 com iiu vaiuca mo,, l i v
buyers, because they could not be
the Northwest. Two hundred and fifty
nianj-kci hntrl 1 aw mnnth BnflWPrH wTl V
we are getting the great bulk of the
piano Dusiness. anu wo win couuiiutj
do so because unusual values will be
J 1 A4 av (n all A a
1UUUU II CI C, IlUl iuucij , iu "i
partments but every day. Big Friday
liarguiiia ill luc rjiici a rianu rjAuoufto
and Bargain Room, downstairs, 353
Washington St.
Washington later and being engaged in
business in the Puget Sound country for
the last 40 years. His wiaow survives
him.
APPELLATE COURT TO MEET
SEPTEMBER TERM OF FEDERAL
TRIBTJJfAI BEGIXS MOXDAY.
Probability That All Important Busi
ness Will Be Completed on First
Day of Meeting.
The September term of the United States
Cirouit Court of Appeals for the ninth
circuit will convene next Monday at 10:80
A. M.. in the Federal building. Judsres
William B. Gilbert, of Portland; Erskine
M. Ross, of Los Angeles, Cal., and Will
iam W. Morrow, of San Francisco, will
constitute the court. The calendar for
the present session is as follows:
Martha Bonifer et aU vs. Philomme
Smith et al. Oregon, appeal. Willamette
Pulp & Paper Company vs. Walter A.
Bonner. Oregon, error. Pending petitions
for rehearing, etc: Thomas S. Nowell et
al vs. John C. McBride, as receiver, et
al, Alaska, appeal. George Hansen et al
vs. W. A. Craig et al, Alaska, error. J. D.
Leedy et al vs. Emll G. Lehfeldt, Alaska,
error. Miller & Lux, inc., vs. the Cali
fornia Pastoral & Agricultural Company,
limited, et al. Southern California, appeal.
The Jurisdiction of the Circuit Court of
Appeals for this circuit Is the most exten
sive in the United States, embracing all
of the Pacific Coast States and the terri
tories of Alaska, Arizona and Hawaii,
and extending also over the United States
Court for China, created by the act of
Congress of June 30, 1906, under which act
United States courts are now held in
Shanghai, Canton, Tientsin and Hankau,
China.
In all probability the business of the
court for the present term will be con
cluded on the day of the meeting and an
adjournment will be taken to October 6 at
San Francisco, where the foot of the Oc
tober calendar falls, at present, on No
vember 6.
The Circuit and District Judges of the
United States courts on this Coast are at
present as follows: Joseph McKenna,
United States Associate Supreme Justice,
Circuit Justice.
Circuit Judges William B. Gilbert, Er
skine M. Ross and William W. Morrow.
District Judges Cornelius H. Hanford,
Olln Wellborn, John J. DeHaven, William
H. Hunt, Edward Whitson, Charles E.
Wolverton, Edward S. Farrlngton, Frank
S. Dietrich and William C. Van Fleet.
TWO MEET DEATH IN FIRE
Bodies Found in Smouldering Ruins
of Couer d'Alene Blaze.
SPOKANE, Wash., Sept. 17. The bodies
of two men burned to death In the fire
which destroyed the Franklin block at
Coeur d'Alene. Idaho, last night were
found in the ruins this morning. One was
Jacob Skogland, whose home was In Ely,
Minn., and the other Cox Layton, of Spo
kane. The Franklin block was owned by
Young & McBurney and was valued at
J12.000. It was Insured for J6100. The oc
cupants and their losses are as follows:
Joe Johnson, hotel, J4O00. insured for $2500;
M. O'Brien, millinery, loss SIOOO; German
bakery, loss $1300; Kirby Bros., cigar
store, loss $700; Oscar Foster, men's fur
nishings,' loss $300, insured for $1200; Peter
Bergleen, saloon, loss $6000, partly in
sured. The loss on the Idaho Hotel from
heat was $1000 and on the Coeur d'Alene
bank building abput the same, both cov
ered by Insurance. The cause of the fire
is not known.
The Language of Industry.
The universal language Is that of draw
ing. It lies at the basis of all Industry.
This is being appreciated more and more.
The educational director of the Young
Men's Christian Association states that
young men from the shops and mills In
the city are in increasing numbers this
year, making application to enter the
drawing classes free-hand, architectural
and mechanical. Just as in the commer
cial world the good penman has a great
advantage, so in all the industries, one
who can read and execute a drawing is in
line for advancement. The night classes
of the Y. M. C. A., starting Monday, Sep
tember 28, afford an exceptional oppor
tunity for young men to fit themselves
for advancement, both in commercial and
industrial life.
A FIRM
FOUNDATION
for the day's work
is a dish of
Grape -Nuts
Witt Cream
It is Delicious and Healthful
There's a Reason"
AG
Mas
eh
M
T7 V
aide
This Company acquired a large and mag
nificently located piece of business and
homesite property on the peninsula. It
adjoins the holdings of Swift & Company.
After all the preliminary details were set
tled, it was decided to name the property
SWIFTON. Our advertising department
was instructed to go ahead with the ad
vertising. One of the first steps was the
ordering of one-sheet posters for the bill
boards of the city. , While these posters
were being printed, it was thought advisa
ble to change the name of the property to
SWINTON. The posters were printed
with an "F" where the "N" ought to go.
The color scheme of the poster is a red let
ter criss-cross on a black background; you
have seen it, no doubt. The solution
seemed simple at a small expense. We
would print a lot of red "N's" on a black
stock, paste them on the new posters, cov
ering the "F." Then they could be put
up by the bill posters and no one would
be the wiser. The pasting was done all
right; the posting was, also. But alas and
alack! We had not counted on Old Sol.
He dried the paste and Boreas did the rest.
The "N's" were blown from the posters,
disclosing the former name of the tract,
SWIFTON. And we have no one to cen
sure but the weather. Nevertheless, with
only that small amount of advertising
and one half page in the daily papers,
SWI"N"TON is selling just as rapidly
as though it had been named S WI"F"TON.
If you are interested
in an investment
that will make you
dollars where the
other fellow prom
ises cents, investi-'
gate SWINTON at
once. Be convinced.
COUPON
Columbia Trust Co.
Couch Building, Portland
Please mail me copy of
your Booklet, THE COM
ING OF SWIFT, telling all
about that remarkable in
dustry. Name
Address-
PriceS Favorable Terms, 1 0 Down
And 2 Per Cent Per Month, Improvements Included
Colombia Tirasil:
Seventh
Floor
Company
Couch
Building