THE MORNING OREGONIAN, SATURDAY, JANUARY 16, 1909.
12
NIG COMPANY
MAY LOSE FIGHT
Kellaher Attacks Clause Under
Which Boston Firm Op
erates in Portland.
WILL TAKE VOTE TUESDAY
Valtrr B. Warren rrrtnH Argu
ment for His Concern and In
Favor of Permitting: Patent
.Materials I'nder Charter.
The Warren Const ruction Company,
layers of tiitullthlc pavement, a patented
ami copyrighted artk-le. Is making- the
tsht of its life, before the Charter Board,
and came very near losing the battle
Just before adjournment of the Board at
a o'clock yesterday afternoon. The final
vote on a resolution by State Senator
KWlaher. however, was postponed until
jicxt Tuesduy night, when its fate will
known.
Walter B. TVarren. member of the firm,
was present at the meeting, having come
from Boston for the purpose. R. XV.
Montague, a member of the Charter
Board, excused himself long enough to
defend the company, as it legal a1
vfeor for Portland. It was Intimated by
both that the movement is Instigated by
the Barber Asphalt Paving Company,
but Jlr. Kellaher emphatically denied
this.
The Kellaher resolution, with a slight
amendment by John F. Logan, a member
cf the Board, Is as folows:
Proposed Clause on Paving.
The Council hall rot adopt any plsns.
wlrtcations or estimate and shsll not
ar.I any contracts for any street pavement
lqutrtn the ur of any patent" or copy-rlgf-.tl
article or procss. protected by any
trademark or copyright, or any article or
fr.-.cta wholly controlled by any persnn.
r -rn or corporation or any combination there
of without first receiving bki for nuch pat
ented article or process In competition with
..me other article or rticl process or
processes which will answer the same gen
eral purpose as the patented article or pr
. . an.l the rnntrart shall be let to the
Joweet responsible bidder for the kind of pve
TOent selected..
Mr, KelluJier's contention Is for abso
lutely open competition In bids for street
Improvements, and he declares that, in
order to have this, all patented and copy
righted names must be eliminated. He
rays his resoltuion will effect this. He
also declares that this would be fair to
every company or person bidding. Mr.
Warren, however, declared before the
Board that. If the Kellaher clause carries
and becomes a law. it will drive his com
pany out of business here. He strongly
Intimated that his greatest rival, the
Barber company, instigated the move
ment. To this Mr. Kellaher replied:
"No. sir: I want to tell you that you
are absolutely mistaken. The asphalt
agents have never chased me half as hard
as your people did when Iwas in eoston
last June."
Mr. Montague, representing the bitu
llthic company as legal adviser, said that
a bill identical with the Kellaher meas
ure haa been Introduced In ten states. In
at least two of which it Is known that It
was done through agents of the ashalt
trust .and said that such a measure
drive out the Warren Construction
Company and the bltullthic company
wherever operated, and is a pernicious
measure which benefits only the asphalt
combine.
Takes illnfr at Kellalier.
"I opine." continued Mr. Montague,
that this resolulton will have the same
effect. If passed, even though It be Intro
duced by Senator Kellaher, the great
patriot, who Is destined to go down In
history as the author of the nine-foot-sheet
law." (Laughter.)
Will nine feet be long enough for
youT" retorted Mr. Kellaher. whose
sheet" law Is pending before the Legis
lature at Salem. ""
"With about six feet cut off." answered
Mr. Montague, who Is short In stature.
Theodore B. ileox. a member or the
Charter Board, took great Interest In the
paving debate, and. after considering the
Kellaher resolution, moved Its adoption.
Mr. I-ogun moved to amend so that the
Council will have power to ask for bids
for such patented article or process
which will answer the same general pur
pose as the patented article or process,
and the contract shHll be let to the low
est responsible bidder for the kind of
Pavement selected."
Amendment Is Not Approved.
This amendment. It Is said, will not be
accepted by Mr. Kellaher. aa It Is said
to contain sufficient loopholes to enable
the bitulithlc company to continue busi
ness on the old basis, with patented and
copyrighted brands of material, contrary
to the desire of Mr. Kellaher. Mr. Wil
cox and others are opposed to the amend
ment also. Rnd It remains to be seen
what will he its fate when the Board
meets next Tuesday night.
Mr. Kellaher made a statement to the
members of the Board. In which he said
that the Board may do as it sees fit. but
l-.s will put the matter before the people
at the next general election anyway, so
as to bo certain, he said, of Its being en
acted and becoming a part of the cliarter.
Mayor Lane came Into the meeting Just
before adjournment, and was asked as to
his views on the matter. He said that
there are om! patented articles that are
better than other not patented, and that.
If the Board will eliminate the mainte
nance clause In the charter and compel
companies to lay pavements that will
show a certain analysis and to be guar
anteed for at least two years, the rest will
take care of itself. The Mayor. In this
regard, sympathizes with the contentions
of the bitulithlc concern: he contends that
If a firm or person has an article worth
anything. It has a right to protection by
tatents and copyrights, and thinks the
city should not undertake to repeal the
ame.
Heads Letter From Chicago.
Mr. Kellaher produced a letter from the
Chicago .Department of Public Street Im
provements, showing that no patented
articles! are allowed in the paving in that
city. This Impressed several of the mem
ber of the Board greatly.
At the opening of the session Mr. Wil
cox, as ohalrman of the committee on
Ijeparunent of Water supply, brought up
the matter of having a special board to
direct construction of the Bull Bun pipe
line and reservoirs, and said that the
name contained in the committee report
submitted the previous day. were merely
put In as a suggestion, and that It was
not Intended to Ikave the men named con
stitute a permanent board, bnt that others
could easily have been substituted. The
Board finally voted to give the Council
power to nam such a special board if It
so desire, but did not make such action
obligatory.
Xew Oregon Postmasters.
OREGONIAX NEWS BCREAtr. Wash
ington. Jan. 15. Oregon postmasters
were appointed today as follows:
Richland. O. Kendall: Soduvllle. Ida
Horning: Van. Harney County, Lou
lUowa,
CHURCH TO BE DEDICATED TOMORROW, THE PASTOR
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FiVEDIVORCESGIVENi 1"'
Judge Gantenbein Frees Wives V
From Galling Yoke. 'x f ' -;-:-: l
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I i r"
OF, FLIRTING - . . ,
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ACCUSED
PUIitli Lewis Charged by Ilasband
AVith , Talking to Other Men.
Irene 'Ward Says Husband
Stays Away From Home.
Judge Gantenbein granted five di
vorces to as many discontented wives
In the Circuit Court yesterday.
Kdith Lewis obtained a divorce from
Oeorge Lewis yesterday afternoon.
They were married April 30. 189S, and
have two children. Mrs. Lewis said
that one night when she went to put
the dog out for the night, her husband
accused her of having carried on a
conversation with a man. and when
she denied It. attacked her. choking
her and tearing- her clothing. She
said that Mr. Lewi is in the habit of
drinking: excessively.
"We had been taking: dancing les
sons." said Mrs. Lewis, and I had one
more lesson to take. My husband said
he had five lessons more, and wanted
me to take them, .as he could not. I
told him I couldn't either, at which he
said I had something else In view.
"Here's $80." he said. 'Go get a di
vorce." I told hlra I could live with
out a divorce. Then "he said, "D you,
you come with me. If you don't, I have
a revolver, and I'll kill you." I had
him arrested, but the charge was dis
missed in the Municipal Court when ha
promised to behave himself."
Irene Ward objected to her husband
staying away from home two and
three days at a time, boasting when
he returned of the good times he had
had in the company of female ac
quaintances. She testified that he
published a notice in a paper that he
would not be responsible for any of
her debts. They were married Octo
ber 18, 1906.
Annie B. Lockwood said she was mar
ried to Raymond El Lockwood on March
IS, 1904, when she was but 14 years old.
She Is now 19. She said she was deserted
by her husband after her two little ones
had died. The marriage took place at
Vancouver, Wash., and the husband left
on July 6, 1906. Mrs. Lockwood was per
mitted to resume her maiden name,
Matthew.
Mrs. XV. von Pingel obtained a di
vorce from Viggo von Pintrel. alleging
that he deserted her at San Francisco.
October. 1903. They were married at
Copenhagen. Denmark. May 23, 1S93.
Helen Cook was divorced from Fred
erick Cook because he deserted her at
Le-wiston, Idaho. They were married In
British Columbia, May 30, 1900. ,
DALEY NOT TO BE IIAXGEO
Stay
of Execution Is Granted by
Judge Gantenboln.
Harry Daley, the convicted murderer,
will not be executed January 29. Judge
Oantenbein. In the Circuit Court yester
day, granted a stay of execution pending
an appeal of the case to the Supreme
Court. A bill of exceptions was filed yes
terday, in which it is contended that the
court Improperly refused to give to the
Jury certain instructions desired by the
defendant. The court instructed the Jury
that If it should find Daley insane, it
should mo state in its verdict. Daley"
attorney desired the court to say to the
Jury that Daley would. In the event they
found him insane, be committed by the
court to the insane asylum until he be
came sane, or until he was otherwise
discharged therefrom by authority of
law.
GERMAIN' IX MUCH TROUBLE
Accused of Obtaining Money Under
False Pretenses In Agency.
B. F. Germain was convicted of ob
taining money under false pretenses by
a Jury In Judge Bronaugh's department
of the Circuit Court at 6 o'clock last
night. The Jury was out only 45 minutes.
It retired for deliberation at 6:10 o'clock
last night.
Germain conducted Germain' high
class employment bureau on Morrison
street. M. L. Clinesmith testified yester
day that he applied to the defendant for
a position as a lumberman. He paid a
deposit of 7.30. he said, with the under
standing that within two weeks he would
be given a place to work with Smith
Bros.' Lumber Company at 1130 a month.
The money was paid on December 8. he
said, and the proprietor of the employ
meat svgancjt baa not 11 sacurad torn, a
..;?4 .i
I j
Hi.lL f fSSHtint,' Says
position or refunded the cash. He says
it developed that there is no such firm
as Smith Bros." Lumber Company, al
though there was one ten years ago. A
man named Lyons testified that he paid
a deposit of J7 to get a Job at $70 a
month, relinquishing a good position in
order to take the new Job. Germain
afterward offered to return $5 of tba
amount he had paid, but Lyons said he
refused to accept anything but the entire
amount.
Germain said In defense that he only
accepted the money as a deposit, and
that he would have refunded It at any
time upon demand.
GRAXD JURY IVDICTS FIVE
Four Not True Bills Returned
Against Men Bound Over.
Five indictments and four not true bills
were returned in the Circuit Court yes
terday morning by the grand Jury. The
five men Indicted were arraigned before
Presiding Judge Gan-tenbein yesterday aft
ernoon by Deputy District Attorney Page.
Richard Christopher, a. negro, who had
previously been arraigned, pleaded guilty
to. having broken Into the dwelling-house
of W. L. Mallory through a window on
the night of November 23. intending to
commit burglary. He Is to "be sentenced
at 2 P. M. .Monday, when the others will
also enter their pleas.
Tony KwasniewskI is charged with hav
ing assaulted John Buckman with a knife
the day after Christmas.
E. A. Lowndes is accused of having ut
tered a forged bank check, passed upon
the Meier & Frank Company. The check
was drawn for 116 on the Security Sav
ings & Trust Company in favor of Sarah
F. Powell, and was signed Fred Watrln.
Lewis H. Maher Is held under $300 bonds
In the County Jail as a witness in this
case.
A. J. Williams was Indicted yesterday
for having stolen five revolvers from H.
Real's gun store.
Frank Bowlln. alias Brown. is alleged
to have assaulted R. H. Craddock on De
cember 9 by pointing a loaded revolver at
him. Attorney Lennon was appointed by
the court to defend Bowlln.
R. p. Dottis, who is accused of naving
stolen a diamond ring from Helen Tletjen
on November 21.
Walter Pachesky Is held for having. It
Is alleged, assaulted and beaten Mike Tab
lniskl. December 28.
Not true bills were returned against
Louis H. Maurer, Hy Hadler and J. P.
Tuley. Maurer was cleared of a charge
of uttering a forged bank check. Hadler
of larceny, and Tuley of larceny In a
dwelling-house. He was accused of steal
ing a motor from the Portland Commer
cial Club. The last three cases were
bound over to the grand Jury from the
Municipal Court.
DRS. ATWOOD ARE CONVICTED
Circuit Court Jury lecldes Alleged
Hospital Is Xuisance.
Drs. C. H. and C. H. T. Atwood, the
proprietors of the Atwood Maternity Hos
pital at Tremont, on the Mount Scott
"carllne, were convicted of maintaining a
nuisance, at 6.45 o'clock last night, by a
Jury in Judge Cleland's department of
the Circuit Court. Attorney Haynes, rep
resenting the defendants was present in
the courtroom when the verdict was read.
District Attorney Cameron and Deputy
Page representing the state. The Atwoods
were not present, and at 7:30 o'clock last
night the elder doctor accompanied by
Attorney Charles F. Lord, was Inquiring
as to what the verdict was. The defend
ant have been out on bail iince shortly
after they were apprehended.
The case went to the Jury early yes
terday afternoon. Deputy District At
torney Fitzgerald making the closing
argument for the state, and Attorney
Lord closing for the defense. Testimony
was introduced by the state to show that
the two defendants were in the habit of
performing criminal operations at their
establishment. In stmt iaetance a patient
AND OFFICIATING BISHOP
died, and investigation of the case was
made by the Coroner.
Boy9 on Probation.
Chester Matthews and Arthur Matthews,
aged 14 and 16 years respectively, were
placed on probation In the Juvenile Court
yesterday because they stood at the en
trance to Mrs. Cain's house, 1723 Foss
street, Columbia Park, supposedly laying
plans to enter. These oxe the boys for
thrashing whom Professor Hughson, of
Portsmouth, was haled before the Justice
Court. He admitted having spanked the
boys with a paddle, but was vindicated
upon showing that the lads deserved It.
The boys live with their father. A- P.
Matthews, at 1761 Hurst street, and are
now attending the Academy of the Holy
Redeemer at Piedmont.
Promise Xot
E. A. Baldwin is euing Nicholas F. Sar
gent In the Circuit Court to obtain an in
junction which shall restrain Sargent
from engaging In the restaurant, hotel or
saloon business within 10 miles of Port
land before January 1, 1910. Baldwin says
he purchased the' Sargent Hotel, Grand
and Hawthorne avenues, from Sargent on
October 11, 1907, paying $10,000 therefor. He
says Sargent agreed not to engage In
business here until 1910, but that he Is
now employed at the Louvre, and the
plaintiff believes he is receiving a share
of the profits.
Denver Bank Sues.
The Capitol National Bank of Denver
has started suit in the Circuit Court
against C. J. Decker for the recovery of
$1500, alleged to be owing on a promis
sory note.
STREETCAR MEN.
We offer today men's sanitary fleeced
shirts and drawers SSc' or 75c the suit;
leather gloves 60c, worth $j.; wool sox
11c pair that you pay 25e for elsewhere;
heavy wool mitts 35c. McAllen & Mc
Donnell, popular dry goods store, cor.
Third and Morrison.
Bank Increases Capital.
MONTESANO, Wash., Jan. 15. (Spe
cial.) The Montesano State Bank, at a
meeting of the stockholders a few days
ago, voted to Increase its capital stock
from $25,900 to $50,000. The bank has a
surplus fund of $45,000. The Bank of
Elma, with a capital of $15,000, Is a
branch institution, the combined capital
and surplus being $114,000.
Children's shoes at factory cost
nakes at Rosenthal's.
Best
shapeliness. All of this can be avoided, nowever, Dy me use or
Mother's Friend before baby comes, as this great liniment always
prepares the body for the strain upon it, and preserves the symmetry
of her form. Mother's Friend overcomes all the danger of child
birth, and carries the expectant mother safely through this critical
period without pain. It is woman's greatest blessing. Thousands
gratefully tell of the benefit and relief derived from the use of this
wonderful remedy, aoia
by all druggists at $1.00
per bottle. Our little book,
telling all about this lini
ment will be sent free.
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Fortune Telling
Does not take into consideration the one
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The woman who neglects her health is neglecting the
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Womanly health when lost or impaired may generally be
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All correspondence held as sacredly confidential. Address World s Dispensary
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NEW CHURCH READY
Epworth. Methodist Edifice to
Be Dedicated Tomorrow.
EXERCISES LAST ALL DAY
Bishop Smith Will Officiate at Con
secration Tenth Church Built,
by Rev. C. T. McPherson
in as Many Years.
Epworth Methodist Episcopal Church.
Just completed at Twenty-sbrth and Sa
vier streets, will be dedicated at 10:30
o'clock tomorrow morning by Bishop
Charles W. Smith. D. D., LL. D., when
Methodists and many other denomina
tions will unite in the services. An en
tire day of special meetings has been
arranged for by Rev. C. T. McPherson.
the pastor, under whose direction the
beautiful edifice was built. It stands as
a monument to a faithful band of tireless
workers. Including men. women and chil
dren of all stations in life, irrespective of
creed, and Is the latest acquisition to
Portland Methodism. District Superin
tendent W. B. Hollingshead will assist
the bishop throughout the day.
The church is one of the best In Port
land Methodism, and is constructed so
that it will serve the district in North
Portland, for many years to come and
furnish, adequate seating capacity. It
has all the rooms necessary for conduct
ing regular preaching service, Sunday
school, Epworth and Junior League, and
also an entertainment hall and kitchen.
The total cost when furnished will be
about $16,000. The pipe organ has not
arived yet, but will be here within a
short time. It will add greatly to the
Interior and in the musical equipment.
This is the tenth church edifice built
under the direction of Rev. C. T. Mc
Pherson, the pastor, in as many years.
He has won for himself an enviable repu
tation . In the Oregon Conference as a
church builder. In this enterprise,
which was exceedingly difficult, he was
assisted by the city church extension so
ciety, represented by T. S. McDaniel,, and
by many faithful people In the vicinity
and others scattered over the entire city.
The dedicatory services will consume
the entire day. beginning with Sunday
school at 9:30 o'clock. Following this
will be the sermon by Bishop Smith, at
10:30. At 2:30 o'clock In the afternoon
there will be a platform service, at which
many prominent citizens, both ministers
and laymen, will speak. T. S. McDaniel
will preside. An Epworth League rally
will be held at 6:30 o'clock, and will be
In charge of W. H. Warren, president of
Portland district. There will be brief
remarks by all of the district officers, and
responses by F. H. Hammer, president of
the local chapter, and Rev. Mr. McPher
son. Epworthlans from the various city
chapters will be In attendance.
The last service of the day will be held
at 7:30 P. M-, when Dr. D. L. Rader,
editor of the Pacific Christian Advocate,
will speak. There will be special music
in the afternoon by the choir of Taylor
Street Church, led by W. H. Boyer.
Bishop Smith will make the closing re
marks. MAKES PLEA FOR , EXHIBIT
Curator Miller Wants Building In
Which to House Public Museum.
The January number of the Chamber
or Commerce Bulletin, Just issued, con
tains an article by A. W. Miller, curator
of the Chamber of Commerce exhibit and
prominent member of the Oregon Acad
emy of Sciences, in which he sets forth
the need) of a building for the housing
of exhibits belonging to the Academy of
Sciences, Oregon Historical Society,
Audubon Society, and other organiza
tions. Colonel Miller points out the fact
that the establishing of such a building
would enable owners of valuable col
lections to display them for the benefit
of the public. It would also serve as a
meeting place for pioneer reunions and
the National conventions which are held
in Portland) from time to time. Says
Colonel Miller:
Owing to our favored position, no museum
lis the world possesses a richer or more in
teresting field to draw from than that lying
at our door. ,, .
Directors and managers of colleges ana
museums abroad realize this fact and have
their agents and collectors continually among
us and are carrying away our most valuable
material. Whereas, If we had a permanent
home In some modern, flreproof building,
with ample space to provide for our ever
increasing conectlons, this would not be the
"to remedy these conditions, several sug
gestions have been offered. Some have pro
posed that we appeal to our wealthy class
for means to aid us In the upbuilding of our
museum, as well as providing a permanent
home Others have suggested that an ap
peal be made to the next Legislature, asking
Every woman covets a
shapely, pretty figure, and
many of them deplore the
loss of their girlish forms
after marriage. The bear
ing of children is often
destructive to the mother's
essential to wom
Bilious?
Doctors all agree that an active liver
is positively essential to health. Ask
your own doctor about Ayer's Pills.
Ayers Pills
"How arc your bowels?" the doctor always asks.
He knows how important is the question of con
stipation. He knows that inactivity of the liver
will often produce most disastrous results. We
believe Ayer's Pills are the best liver pills you can
possibly take. Sold for over 60 years.
We hate no secrets! We publish
the formulas of all our medicines.
J. C. AYER CO., Manufacturing Chemiiti, Lowell, Mass.
an appropriation for the erection of a mod
ern building- for the housing; of the State
Historical Society. Including- the museum. In
order that both the city's andj state's valu
able specimens could be preserved under one
roof.
Our museum cannot stand still. It murt
either go forward, grow and prosper, or It
will go backward, die and decay, for "a
finished museum is a dead museum." and
in order to grow It must have more room
and a home of its own. One of out olty's most
urgent needs today is a large convention
hall or auditorium, with ample seating ca
P'acitv for all purposes. This would enable
our delegates attending any National con
vention held In the East to offer special In
ducements to secure succeeding conventions
for our city. The people of the East are
anxious to know more about the West and
would send their most prominent men to
represent them if we could furnish them
with a modern, up-to-date ball for their
meetings, located in some favorable locality,
easy of access but removed from the noise
and bustle of the manufacturing and busi
ness oenter.
FILES REPORT WITH. CITY
Home Telephone Company Also
Turns in $1727.52 Check.
The Home Telephone Company, oper
ating the automatic telephone system In
Portland, filed with City Auditor Barbur
yesterday noon a statement showing the
extent of the business of the corporation
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ST.LOUIS
MEDICAL AND
SURGICAL
CORNER. SECOND AND YAMHILL, PORTLAND, OREGON.
I CURE MEN
I MAKE GOOD EVERY PROMISE
I NEVER DISAPPOINT MY PATIENTS
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to a sound and healthy state. I obtain com
plete results In every case I treat.
CONStLTATIOS FREE MY HONEST AND CANDID ADVICE COSTS
YOU NOTHING. I cheerfully give you the very bent opinion, guided by
years of successful practice. Men out of town. In trouble, write If
you cannot call as many cases yield readily to proper home treatment
and cure.
My offices are open daily from 9 A. M. to 9 P. M., and Sundays from
10 to 1.
the DR. TAYLOR co.
234 MORRISON STREET.
CORNER SECOND AND MORRISON STREETS, PORTLAND, OREGON.
from April 1 to December a, 1908. The In
crease in the number of instruments In
stalled for the period is shown to be 960.
a total of SOfiO. The Auditor also received
a check for 1727.52, 1 per cent of the toss
receipts of the concern for the months
Included In the statement, which Is ac
cording to the terms of the franchise.
The Home Company made the most ex
tensive report ever filed with the Auditor,
and it la more nearly In conformity with
what he regards as the spirit of the char
ter provision in this respect than any
similar statement on record. There are
very few companies -which comply with
the provision, because it has been held by
the City Attorney that only such cor
porations as have received their fran
chises since the present charter took ef
fect are forced to obey the law.
ANNOUNCEMENTS.
Thompson Is the foremost authority
on eyes. Second floor Corbett building.
Fifth and Morrison.
Brave KIre I.addle
often receive severe burns, putting- out
fires, then use Bucklen's Arnica Salve
and forget them. It soon drives out
nain. For Burns, Scalds. Wounds. Cuts
and Bruises its earth's greatest healer.
Quickly cures Skin Eruptions Od
Sores. Bolls. Ulcers. Felons; best . Pile
cure made. Relief Is Instant. 25c at all
drujrplsts.
DIYSPENSAR
result. Tho
DR. TAYLOR,
before. Gon-
an indication
The Leading Specialist.
the prostate
but aggra- . . vyt-tttJ'K.T
excite tern- JJ.I ilEiIN
I CURE
YOU
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