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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 17, 1908)
TIIE MORNING OKEGONIAN, TUESDAY, NOTE3IBER 17, 1903. 12 MAKE SETTLERS PARTIES TO SUIT pointed administrator !n Probate Court of the estate of Angelo Orsi. who also was an alien, and within the Jurisdiction of the court at the- time of his death. Candiani instituted suit to recover for personal injuries which resulted in the death of Orsi. To this proceeding the defense demurred, alleging a lack of Jurisdiction of the plaintiff in the United States Court. 0.R.&N.G0.WIPES OUT ITS SURPLUS 'Judge Wolverton Passes on Bill of Exceptions in Land-Grant Case. SOME SUSTAINED, SOME NOT More Time Granted by Court, Over Objection of Counsel, for Filing of Demurrer to Complaint To Be Taken Vp In February. The first preliminary move In the suit of the Government against the Oreg-on & California Railroad Company to recover land valued at about W.GOO.tX. was made in the United States Court yesterday, when Judge Wolverton ruled on excep tions by the defendant railroad company to the bill of complaint filed by John I Snyder demanding that the defendant corporation be required to sell to him 160 acres of the granted tends at the price of S2.50 an acre, the price stipulated in the grant by which lands were acquired originally by the railroad company. The exceptions were sustained in part and overruled in others. In announcing hu decision. Judge Wolverton intimated that it probably would be necessary to make all of the Individual settlers who had applied for the purchase of tract of these lands, parties to the Government's suit, in order that every phase of the con troversy might be considered simultan eously. Severals months ago Snyder filed suit in the Federal Court demanding that the fh-egon California Railroad Company be forced to sell to him 160 acres of land Included In Its grant for Ii.50 an acre. Since then nearly 100 similar suits have been Instituted. In addition to these, probably iOO other individuals have filed bills of Intervention. They also probably will be made parties to the main suit and the right of all parties to the controversy will be determined at the same time. Over the objection of B: D. Townsend, special counsel representing the Govern ment in the land grant suit. Judge Wol verton yesterday granted the Union Trust Company and S. T. Gage, trustee for the stockholders. 30 days additional time to tile a demurrer to the Government's com plaint after the railroad company has filed its objection. Mr. Townsend insisted that both parties to the suit should be ready to answer to the complaint at the same time, but John M. Gearln, who appeared for the Trust Company, urged that the additional time was needed for his clients to make a proper appearance. It la expected that the general de murrers of the defendant railroad and the trust company will be submitted and ar gued some time In February. Those de murrers will Involve all of the principal legal points In the case and on the de cision of the court will hinge largely the future of the case. SHOWS HOW REALTY ADVANCES Suit to Get Possession of Realty Brings Out Big Increase. An evidence of the extent to which realty values have advanced in Portland was furnished in the Federal Court yes terday in connection with the suit of I.ucy Scott Bower against Hartman Stein. This litigation involved lots 2 and 3. block ISO. Couch's Addition. In IXli this prop erty was mortgaged for J15w). According to the papers in the case it is now worth Jjo.oort. and its increased value was sug gested by the court as the basic reason for an attempt to recover possession of the property, which has since been fore closed. In her complaint the plaintiff sought to have cancelled and set aside the decree of foreclosure and sale thereunder, alleg ing that fraud had been practiced In dis posing of the lots at Sheriff's sale. In sustaining the defendant's demurrer to plaintiff s complaint, the court held that the procedure attending the foreclosure and sale of the property had been entirely regular and that the original owner of the property was to be blamed for her delinquency in not seeking to meet the Interest charges or to liquidate the mort gage and recover possession of the prop erty prior to its sale after the mortgage had been allowed to run for about ten years. At the trial of the suit It had been shown that the complainant had been served with legal notice that the mortgage was to be foreclosed and the property sold, but at that time she took no advantage of her rights under the law. WANTS TO SELL NEAR-BEER Eugene Dealer Carries His Case Intc Federal Court. Alleging that the ordinance recently enai-ted by the City Council of Eugene prohibiting the sale of near-beer Is un constitutional, attorneys for Charles F. K tithe, of that city, yesterday applied to JtHlK Wolverton in the United .States liMirt for a writ of habeas corpus. The application was argued, submitted and taken under advisement by the court. Kuthe was arrested charged with sell ing non-intoxicating malt liquors In viola tion of the Kugene City ordinance. Being convicted, "he was fined $-5. Refusing to pay the tine he was committed to Jail for 13 days, counsel for the imprisoned man contended that the objectionable ordl rance whs not only unreasonable but that The Bugene City charter does not autho rise the city to make it unlawful to pre scribe a penalty for selling non-lntoxlcat-Ing liquors. It was argued further that the Legislature does not have the right to confer such legislative powers on a City Council while, it was averred, that pro vision of the Eugene City charter relating to the sale of auch beverages had been annulled by the operation of the local cptlon law. Sajs He Will Xot Live AVlth Wife. Frank H. IMghton. arretted yesterday ly Sheriff Stevens for non-support, said la.it night that he has given his wife SliO In the limt three weeks. He la a cement-worker, and was employed on the Cornelius Public School and on the aiethodlst Church at Hillsboro. "I refuse to live with my wife." he said lust night. "That Is the reason she had me put In Jail. There were rea sons why 1 left her, but I'll not say anything about them. She went to sev eral lawyers here to get a divorce, but one of them waa V friend of mine and wouldn't take the case. I told him if ehe came again to take It and let her get a divorce on any ground she wants. Besides the money I gave her. she sold the furniture. I have worked for the last 10 years in - Portland and I don't on anybody a cent." Allen May Brine Suit. Br overruling a demurrer to the com plaint In the suit of C. F. Candlanl against C. C. Wilson. Judge Wolverton in the United elate Court yesterday held that an alien la entitled to bring in the tlral Court an action for personal in juries resulting in death. In the case at bar, Candiani, an alien, had been ap Files Amended Bills. Tnited States Attorney McCourt yester day filed '.n the Federal Court amended bills of complaint in the suit the Govern ment has instituted against C. A. Smith and others to recover several thousand acres of valuable timber lands in the Willamette Valley alleged to have been acquired fraudulently by the MInnestoa millionaire and his associates. The amended bill differs from the original complaint in but one important respect. In addition to enumerating the different causes of action, the Government alleges that subsequent to the commencement of the pending case, the defendants executed deeds of transfer and caused them to be recorded, deeding some of the lands in controversy to third parties. Sues for Back Salary. Judge Wolverton In the United States. Court yesterday fixed February as the date for the trial of the suit at C. J. Braschke against the Pacific Coast Lum ber & Furniture Manufacturing Company. Bl'Il.DS GYMNASIUM FOB WOO t rsoru OF FLOCK. t if" 5 ROT. Harold Oberg. Aggressive Paa tor of Montavilla Methodist Church. Lumber has been delivered for the gymnasium to be erected In connec tion with the Montavilla Methodist Church, on Hlbbard street and the Base Line road. Work has been started on the foundation. The cost Is estimated at (20O0. The object of the. gymnasium is to provide a place for the young people of the church. Rev. Harold Oberg is the pastor, nthere he has been In charge for the past three years. He is an aggres sive nastor and believes In tne adoption of modern methods, and has fallen in line with other churches in providing specially for the young people In the erection of this gymnasium. The Montavilla Methodist Church has enjoyed a large growth since Rev. Mr. -Oberg has been the pastor. Braschke in his complaint alleges that he was employed by the defendant company as its manager on a salary of J500 a month; that he served in Its employ until his wages amounted to $6100, no part of which, he asserts, has been paid. He de mands Judgment for the J6100, together with interest at 6 per cent for several years. TANGLE OVER FRANCHISES COOdLi MAKES SLOW PROG RESS DISCUSSING GRANTS. Councilman Vaughn Sticks for Fran chise to Packing Plant Separate From Others Asked. The City Council, at its adjourned session yesterday afternoon, made slow progress in the consideration of the nu merous applications for franchises for ex tensions and addiitlons to the lines of the Portland Railway. Light & Power Com pany. Two hours' time was consumed going over a portion of one section of a pruwoeed blanket franchise, and the Coitil then adjourned to meet for fur ther York on this matter at 2 P. M. Thursday. Councilman Baker occupied the chair during most of the session. With but a brief exception, the subject was discussed in committee of the whole. yesterday's session on the franchise projects showed that it is going to be a very difficult task to handle this matter. The attitude of the streetcar company officials is that the Council should con sider the entire batch of about 40 appli cations one at a time, but that each should be regarded as a part of the lot. Councilman Vaughn, in a heated speech, declared ' that, unless the company will agree to consider the acceptance of a franchise to the Swift packing plant on the Peninsula separate and aoart from the others, he will not vote for any of the grants sought. iiany complaints were voiced by residents from various sections of the city over proposed changes in lines and abandonment of other portions of tracks. A delegation from the Holladay Im provement Association was present to protest against the proposed abandon ment of the lines on Halsey and East Nineteenth streets, as they declared that many had bought, homes in the district with the understanding that the street car lines were to be permanent. W. G. McPherson. president of the W. G. Mc pherson Company, protested against the proposed abandonment of the line on Twenty-first street, contemplated by the company. He declared that it will work a positive hardship upon the many firms located in the North Portland district if the changes under consideration by the company are carried out. and asked the Council to use its influence to keep the line where it is. There were several pro testa against the changes announced by the streetcar company as to its lines on Montgomery street and on Eleventh and Thirteenth streets. All of these com plaints will be considered next Thurs day. The streetcar company was represent ed bv Frederick V. Holman and Vice President F. I. Fuller. During the dis cussion Councilman Vaughn sought to se cure the passage of a motion to take up and consider the proposed line to the packing-houses now being erected on the Peninsula, but failed. He declared that the officials of the company had said they would not accept a franchise over any streets to the plants, separate from the remainder of the proposed extensions, and Mr. Fuller finally admitted this to be true. He said that the company be lieves it should not be expected to build that line alone, and that It should have the consideration of all the proposed lines together. Dividends of $27,430,000 De clared and Debt of Union Pacific Canceled. JUICY MELON IS SLICED Facts Come Out at Hearing of Board or Equalization When Railroad Men Protest Against Assess- -ment of $14,400,000. Through its attorneys. Arthur C. Spencer an,d James G. Wilson, together with J. W. Morrow, tax and right-of-way agent, the Oregon Railroad & Navigation Company yesterday sub mitted to the County Board of Equali zation its pe'.ltion for a reduction of the assessment of J14,400,00O against Its money, notes an1 accounts. County JuJge Webster, County Clerk Fields, and County Assessor Sigler comprise the Board of Equalization, and heard the objections. Many in teresting features were developed dur ing the hearing, one of the most prom inent of which was the fact that the O. R. & N. declared dividends to the this year on its capital stock of 135, 000.000. Chief Clerk Staver, of the auditing department of the O. B- & N.. was the principal witness. In the absence of his chief he was called to the stand to explain the methods of bookkeeping of the big railroad company and many other matters of interest to the Board of Equalization. Last year the O. R. & N. Company -was assessed in the sum of $16,180,003 on money, notes and accounts. A pro test was offered by the company and the matter is now in the course of litigation. This year Assessor Sigler assessed the company on the same kind of property in the sum of J14.400.000. It was shewn during the hearing yesterday that February 18 of this year, at a meeting of the board of di rectors of -the O. R. & N. dividends of 2 and 75 per cent, or a total dividend of 77 per cent, was declared on the preferred stock of the company. The preferred stock totals 11,000,000, on which, by the action of the board of directors February 18, total dividends of $8,477,000 were declared. At the same time dividends were also declared on the common stock of the company. On the common stock, which amounts to $24,000,000, dividends of 4 and 75 per cent, or a toal of 79 per cent, were declared. The dividends on this stock accordingly amounted to $18,960,000. The total dividends on the entire capitalization of the company, $35, 000,000, amounted to $27,430,000. That amount was declared to be due and payable February 20. At the hearing It was also shown that the regular date of assessment by the County Assessor is March 1. It was contended by the O. R. & N. attorneys that the stock in the O. R. & N. is owned largely by the Union Pa cific Railway Company. They argued that last year the Union Pacific Com pany owed the O. R. & N. Company practically all the surplus on. which the assessment of" $16,180,000 had been made. This amount, it is contended, is 75 per cent of what, according to the annual report to the Interstate Com mission, was due from solvent com panies and individuals. Not only id it contended that nearly all the stock of the O. R. & N. is owned by the Union Pacific, but that the Union Pacific borrowed of the O. R. & N. Company between $25,000,000 and $30,000,000. When the O. R. & N. de clared the dividend of $27,000,000 it was virtually a matter of bookkeeping, in asmuch as tho Union Pacific owns practically all the stock on which the dividends were declared and reserved practically the whele of the $27,000,000. The Union Pacific then repaid to the O. R. & N. the amount of its dividends in Its loan. Consequently, according to the contentions of the O. R. & N. at torneys, the one wiped out the other. The hearing consumed the entire af ternoon. The company's petition was taken under advisement by the Board of Equalization. SELL BONDS FOR PARKS HALF OF MILLION ISSUE TO BE SOLD THIS YEAR. Council Recognizes All Speed Must Be Used to Make Money Avail able for Purpose. Following the recommendation of the Park Board, the City Council, at an ad journed session yesterday afternoon, passed . an ordinance authorizing City Auditor Barbur to advertise for sale $500,000 worth of the bonds voted by the people for the purchase of property to be used for parks, boulevards and public playgrounds throughout the city. This makes it certain that the first half of the money to be used for this purpose will be available for use this year. The remainder of the bonds will be sold In 1P09. This means that Portland will have. In a reasonably brief period of time, a magnificent system of driveways, parks and "breathing spots." It required prompt action to get the first half of the $1,000,000 bond issue on the market, as ' but about six weeks of the preeent year remain, and It Is necessary. If $500,000 worth of the bonds are to be sold in 1908. to take advantage of the adjourned session of the Council yesterday after noon. As it is, the entire project will have to go through without a hitch or It will be Impossible to secure the money for use this year. The act amending the charter provides that but half of the bonds can be sold in any one year. At a Joint meeting of the Council committee on parks and public property and the Park Board last Thursday after noon, an ordinance was prepared and was introduced before the Council yes terday afternoon providing for the sale of these bonds. Upon recommendation by the tPark Board, the Council also passed an ordi nance authorizing the Park Board to purchase a small plot of land in Sell wood for a playground for children. Cmatllla County Booklet Out. "Umatilla County, Oregon," is the latest community book issued by the Sunset Homeseekers' Bureau in connection with the local promotion organizations. The publication is of a very high order, being uniform with the books already issued throughout Oregon on the same lines. Its 64 pages are profusely illustrated with UOHflH'S BACKACHE piiiiiiffliiiiiiiiiiiiiim lliiTn:imnimniniin!mim';;'M!;:!H':r!u; :3 WBBIIIM The back is the mainspring of woman's organism. It quickly calls attention to trouble by aching. It tells, with other symptoms, such as nervousness, headache, pains in the loins, weight in the lower part of the body, that a woman's feminine organism needs immediateattention. In such cases the one sure remedy which speedily removes the cause, and restores the feminine organism to a healthy, normal condition ia LYDIA E. PINKHAM'S VEGETABLE COMPOUND Mrs. Will Young, of 6 Columbia Ave., Rockland, Me., says : " I was troubled for a long time with, dreadful backaches and a pain in my side, and was miserable in every way. I doctored until I was discouraged and thought I would never get well. I read what Ly'dia E. Pinkham's Vegetable Compound had done for others and decided to try it ; after taking three bottles I can truly say that I never felt so well in my life." Mrs. Augustus Lyon, of East Earl, Pa., writes to Mrs. Puikham : . "I had very severe backaches, and pressing-down pains. I could not sleep, and had no appetite. Lydia E. Pink ham's Vegetable Compound cured me and made me feel like a new woman." FACTS FOR SICK WOMEN. For thirty years Lydia E. Pink ham's Vegetable Compound, made from roots and herbs, has been the standard remedy for female ills, and has positively cured t housands of women who have been troubled with displacements, inflammation, ulcera tion, fibroid tumors, irregularities, periodic pains, backache, that bear-mg-down feeling, flatulency, indiges tion.di77iv""' "1-iwrvoiis prostration. handsome cuts and the covers are of spe cial design In color. The text is descrip tive of the resources of Umatilla County and the attractions it has for the new set tler. Thousands of copies of the new book will be distributed throughout the East. TICKETS SELLING RAPIDLY Benefit at Hellig Theater Friday Jfight for St. Agnes Baby Home. Tickets are selling with great rapidity for the concert which will be given Fri day evening at the Heilig Theater for the benefit of the St. Agnes Baby Home, which is to be under the direction of the Ladles' Aid Society of the Cathedral. In addition to the singing of the quartet, a number of other prominent local artists will appear. The quartet consists of Mrs. Mrs. W. A. T. Rnahooc, Who Wilt Mns: at Beneflt For St. Agnes Baby Home. May Dearborn Schwab, Mrs. Ethel Lytle Boothe. Miss Petronella G. Connolly and Mrs. W. A. T. Bushong. Mrs. Arvilla McGuire Stolte will he the accompanist, in lieu of Mrs. W. E. Thomas, who is now in the East- Stuart McGuire, the popular baritone: Miss Delia Bradley, the reader, and Miss Cornelia Barker, the violinist, have each arranged a number of interesting selections for the coming benefit. QUARREL LEADS TO DEATH San Francisco Lawyer Fatally Wounds Hotel Proprietor. SAN FRANCISCO, Cal., Nov. 16. Hugh O'Neill, an attorney, with offices in the Pacific building, shot and eeriously wounded Michael Fachtor, a retired hotel man, on the street in front of the Wal dorf saloon, on Market street, about 1:30 o'clock.' The two men had quarreled over a business transaction. Fachtor was im mediately taken to the Central Emer gency Hospital. O'Neill Is in a cell In the city prison. Fachtor declared that O NeilL had de frauded him in a real estate deal and made a demand upon him for money which he alleges was due him, when he met the attorney in the entrance of a building at 650 Market street. A quarrel ensued, and Fachter, it is said, made a move as if about to strike O'Neill. The latter drew his revolver and fired two shots. One struck Fach tor in the Jaw, the other penetrated the right, shoulder and came out of the back. Neither wound will prove fatal. Attracted by the reports of O'Neill's revolver, a large crowd quickly gath ered. The attorney made no attempt to escape. There Is no soao to equal Jap Rose for washing the hair. Lathers freely, rinses easily, leaves no sediment. Kirk makes It. All dealers sell it. What 'Swift's- Means to Portland As With Chicago Developed in a few years from a good-sized city to the second city in importance in America, prin cipally through building of railroads and the estab lishment of the packing-houses of the Swifts, Armours, Morrises and other Titans of commerce. As With Kansas City Which was more than quadrupled in size and its commercial activity increased a thousandfold by the coming of these gigantic interests within its As With St. Joseph, Fort Worth And other towns which have been benefited by the advent of these gigantic interests and have grad ually become numbered among the most impor tant commercial centers of America. So With Portland The commercial supremacy of Portland is assured in the Northwest. Realty values have already shown a decided increase in properties adjacent to the sites, for these interests will eventually triple and quadruple in value. And so With F AIRPORT This addition is the choicest of any that has been offered. It lies directly adjoining Kenton, the site purchased by the Swifts for the establishment of a great commercial center. F AIRPORT - LOTS $250 Has graded streets, Bull Run water and an unex celled view. It is convenient to public schools and churches, and is 25 minutes' ride from the heart of Portland. Every one in Portland should have some money invested here. MIKKELSEN & TUCKER, GENERAL AGENTS, 301-302 CORBETT BUILDING PAVE WITH BRICK T Resolution Before Council to Create New District. INVOLVES LARGE PROJECT Would Introduce New Patent Ma terial Second Resolution Of fered, Calling; for Vse of Belgian Blocks. A large improvement district, with vit rified brick specified as the material to be used, will be created in North Port land, if the City Council acts favorably upon a resolution introduced at the ad journed session of the Council yesterday afternoon by Councilman Annand, by re quest. It is Impossible to estimate the cost of the work until City Engineer Tay lor can make up his figures, but it is cer tain to be one of the most expensive pav ing projects ever contemplated in Port land. If the resolution passes, it will in troduce into this city the products of the Denny Clay Company, this being a Seat' tie firm. " , . Simultaneously Councilman Kellaher In troduced & resolution before the Council petitioning for Belgian blocks, to be laid on a concrete foundation, in the sarne territory. Mr. Kellaher endeavored to se cure the passage of a motion granting his petition, but as Mr. Annand's resolution had been referred to the street committee. UPWARD START After Changing From Coffee to Po.tam. Many a talented person is kept back because of the interference of coffee with the nourishment of the body. This is especially so with those whose nerves are very sensitive, as is often the case with talented persons. There Is a simple, easy way to get rid of coffee evils and a Tenn. lady's experi ence along these lines is worth consid ering. She says: "Almost from the beginning of the use of coffee it hurt my stomach. By the time I was fifteen I was almost a nervous wreck, nerves all unstrung, no strength to endure the most trivial thing, either work or fun. "There was scarcely anything I could eat that would agree with me. The little I aid at seemed to give me more trouble than it was worth. I finally quit coffee and drank hot water, but there was so little food I could digest I was literally starving; was so weak I could not sit up long at a time. "It was then a friend brought me a hot cup of Postum. I drank part of it and after an hour I felt as though I had had something to eat felt strength ened. That was about five years ago and, after continuing Postum In place of coffee and gradually getting strong er, today I can eat and digest anything I want, walk as much as I want. My nerves are steady. "I believe the first thing that did me any good and gave me an upward start, was Postum, and I use it altogether now instead of coffee." "There's a Reason." Name given by Postum Co., Battle Creek, Mich. Read "The Road to Well ville." in pkgs. Kvrr read the above letter? A new one appears from time to time. They are genuine, true, and full of human Interest. the same reference was made of the Kel laher petition. In explanation o his introduction of the petition for Belgian blocks, Mr. Kellaher said that projects for paving with the blocks are open to competition, but the brick is not. as only the one kind of ma terial can be used In the brick improve ment. Mr. Kellaher is making a general fight against all "patent" pavements, he states, and is working to secure open competition for all contractors, instead of specifying such materials as can be fur nished only by one or two firms. The district named In the Annand res- f FOR A PURE I I TONICAL STIMULANT, FOR CHEER OR COMFORT, STRENGTH if AND HEALTH. FOR RECUPERATION AND RESTORATION g A HBtHH A I ( BALTIMORE f 1 BYE W -vnlit- IS ABSOLUTE PERFECTION V. , J GUARANTEED UNDER THE NATIONAL PURE FOOD LAW j j I Sold at all first-class cafes and by Jobbers. ' f j' WM. LANAHAN A SON, Baltimore, Md. g 1 it's the smokeless device that does it As easy to operate and clean as a lamp. Brass font holds 4 quarts gives intense heat lor 9 hours. Finished in nickel and japan every heater warranted. The AV?lLamois ,K,e, besl a!u yZr round lamp made. Equipped with latest improved central draft burner. Made of brass throughout, nickel plated. Just the light to read by bright and steady. Every lamp warranted. If your dealer doesn't carry the Perfection Oil Heater and Rayo Lamp, write our nearest agency for descriptive circular. STANDARD OIL COMPANY (Incorporate) olution is the territory bounded by Thur man street, from Nineteenth street to Front street: thence on Front to Twelfth; thence to Fifteenth, to Northrup, from Northrup to Nineteenth and from Nine teenth to Thurman. There is included In this district a few blocks which are al ready improved, and these are excepted from the provisions of the resolution. We make tne best suit in the city to order for $25; let us prove it. Unique Tailoring Company, 309 Stark, between Fifth and Sixth. To Heat 1 a Cold Corner Don't sit in the cold a touch ol a match a steady How of genial warmth and in the cor ner that's hard to heat you 11 have real solid comfort with a PERFECTION Oil Beater (Equipped with Smokeless Device) Just what you need to help out in a cold snap or between seasons. No smoke no smell no bother