Morning Oregonian. (Portland, Or.) 1861-1937, April 16, 1909, Page 9, Image 9

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    THE 3IQ-RMXG OREROXIAX.' FRIDAY, APRII, 16.
1909.
BEAN APPOINTED
FEDERAL JUDGE
SUPREME JUSTICE, WHO IS TO BE MADE FEDERAL JUDGE 1
AND HIS FAMILY AT THEIR TTOMt: '
FIRING STUII
Supreme Judge of Oregon Is
Nominated and Will
Be Confirmed.
AND
: " -
LYONS' NAME SENT IN AGAIN
Chargr of Perjury Not Prove! and
Ellis' ex-Partner Is Given Alaska
Judgeship McBrlde W ill
Succeed Bean.
OREGONIAN NEWS BUREAU. Wash
Ington. April 1 5. The rresldent sent
to the Senate today the following nom
inations: United State District Judge for Ore
gon Robert S. Bean. .
United mates District Judge. First
division. Ulslrict of Alaska Thomas
R. l.yoni.
Vnitert erf - ... , . . . .
. - - i'iioni. pirsi divi
sion of the District of Alaska Daniel
- . ..... ... -ici i i .v or- con-
tlrtn taow .
...... , rpterred to the Senate
Judiciary committee, and is expected
to be favorably reported when next
that committee meets. There Is no
known objection to his confirmation.
The nomination of Mr. Lyons, for
rneriy law partner of Representative
fc.uis at Pendleton, was returned to the
senate, the charges upon which the orig
inal nomination was withdrawn hav
ing failed of substantiality. Mr. Lyons
was charged with perjury and suborna
tion of perjury in certain bankruptcy
proceedings In Alaska, but when those
making the charges were called before
Attorney-General Wlckersham to sub
stantiate them, they utterly failed to
make good. On recommt-ndation of the
Attorney-General. Mr. Lyons was" again
nominated. K
M'BRIDK FOR BEAK'S PLACE
Benson Picks TTlm for Supreme
Court Campbell for Judge.
SALEM. Or.. April 'l5.-(SPPcian-An-Tiouncement
was made this afternoon at
the office of Governor Benson that a3
soon as the resignation of Justice Bean
from the Supreme Bench shall have been
received. Circuit Judge Thomas A Mc-
if'.,0! thC Flfth d,strict. be ap
pointed to succeed him.
To succeed McBride. Representative J
i . Campbell will be named bv the Gov
ernor. Mr. Campbell has been practic
ing law at Oregon City for about 15
2 .", a.nd has serve two terms in the
leg islature, in 1907 and 1909. In both
2rH",hl" ab."1,y wa" recognized by
excellent committee assignments
inVl?? nt?n Waa. vrry much Pleased
to. receive the appointment to the Fed-
JnH,r'n Plans for tn Immediate
future are not yet well defined. He said-
I haven't , consulted the Federal
T Jlu "frany 'one else as to what time
fiha1' take P my now work, if the
appointment is confirmed. It may re
eirre some time for my commission to
work JTr,t sf0d Ume t0 ,et f the
Tho.?t Sr , Supreme Court would be
?1 Ma I -1"Bt pr,or to the Pendleton
U 1 . BhaU be governed by cir
cumstances In the matter. Although I
have not looked Into the subject I pre-
be ther6e.bU'k of U'e rk " -onbt
"Roth Mrs. Bean and myself will re
jret greatly leaving Salem, where we
have made our home for .0 long and
where the associations have been very
fleasant indeed." y
11 KAN
AND
HIS SUCCESSOR
McBride to Be Supreme Judge and
Campbell Circuit Judge.
l,libet & Bean r,on' new Federal
'h?8 V8 a "atlve of this state, having
ner zg. 1854. his father. O. R. Bean, hav
vouth was passed on the farm
n" ethey Tr,Ur be,nS obtltned
In thJ - dlsirlct Pblic school.
h.e of 8 he entered the
whV.h Co,lee at Monmouth, from
which he was graduated In 1873. Dur-
"S the following year he worked It
the carpenter's trade, and In 1874 be-
,ate J- M. Thompson, of Eugene
He was admitted to the bar in D-t
r"inlll? " .""mediately 'formed
whf hrcont pd a v-to
u.ted from the State University ing
term of J. J. . "Watson, who had resigned
to accept appointment aa United ;tTl.
district Attorney. Four years ?a?e? he
the ;e-e,rtPd the same office for
the fun term of 81X years. Before
the expiration of his term, In 1S0 he
was elected Justice of the Oregon Su!
jr. me Court, of which he has sin";
im h". membr conlmuously. since
. 8 been a member of the
?ityrand I?:aWrt" f State Unlver!
t"' commi't'tee m'ber f the ec-
hU.d BeJa" Was married In 1880 to
Condon "h V"h,'r f thC lat Thoma
Kwi - . 'amous geologist, and five
Af i ac,,vo ons comprise the family
6f Judgs and Mrs. Bean. y
TUJsean had ben 'ndorsed by
Judge, Gilbert and Wolverton. of the
ber.Uof V:?Trt by the mem!
J,' of the Multnomak Bar Associa
t on. who sent to President Taft a ne
.'"5. 226 g,g
bJ drtTth.m";" A; Mride. who w ill
be appointed by Governor Benson to
succeed Judge Bean as Justice of the
supreme Court, is a brother of !
wrili! Sttl;s Senatr George W. Mc
Bride. and for several years has pre-
Jud'lVl' rC.Ul.t.Judre f the Fth
Judicial District. which embrace.
Clackamas. Washington. Clatsop d
niUTj b "i. Cwntie,"- Judgre McBrlde is
.t i b'ft-known jurists in the
state. He will serve as Judge Bean's
Novem"beV"VlO
j?"dH-e-c-'d
fh.-M.?e 8 .be'n Pctlclng law In
the tlackamns town for 13 years. He
m". Prmlnent In Republican pol
V ' .hl cou"ty and has held various
Z St "C,udln that ' City Attorney"
a position he now fills, and Denutv
District Attorney, besides servings
chairman or secretary of the county
Mr lTn'"66 at differnt times
Mr. Campbell served as a member of
the House in the Oregon Legislature
from Clackamas County at the last two
regular and the special sessions. Th
recent Legislature divided the Fifth
District, by creating a separate district
L s; I I . ft 3 1;
:: ri w l-r-;;
:: r f 1 WTV H
:: I ttr? vt 71 ::
, " Ii:
t On - 4 V.'-' ;u ::
I : ''x,.. r -v 1
I i - - V3 ' f ; . "
t .
JndBe R. s. Be... jnda.e T. A. McBrlde. Who Will
Tii...... Ascend State Supreme Bench.
composed of Clatsop and Columbia
counties. This law goes into effect
May 23, when the Governor will ap
point an additional pir.it t.,i . j
a District Attorney. Mr. Campbell will
pres de over the district consisting of
Clackamas and Washington counties.
RESUME LAND-FRAUD TRLALS
First Result of Bean's Appointment
Will Be Wind-up or Cases.
Tile annninttrmni i . . . .
- r- .. me new uisirict
Judge for Oregon will likely be fol
owed by the early resumption of the
At the Federal building, it is said,
however, that- it i. ..
- lively mat tne
Government will further prosecute
those men against whom indictments
are Outstanding- K.. - .
o. mv wiiu nave served
sentences under prior convictions. Fur-
w.c. (..wwuins, ln oregon land-fraud
cases are likelv tr v. i ,
acter. ' t"ar-
The caaoa a t.-n
- 77 w 1 ui me more
noted of i Vif frt-,- "
Klniey and Puter, it is understood.
on tne docket, largely for
t . ', ,"""""6 me men nere
to testify in civil actions instituted by
i iT , 1 lo recover possession
of the land of which It has been de"
tmdfd.,It.U ticipated that they
mei, " behalf of the Govern
ment to the extent of their knowledge.
, Cm.p la,nts, in two actions brought
in behalf of the Government to set
aside land patents were filed in the
nboM St,ateLCrcuU Court y-terday
in both of which fraud is alleped
xP .?"e' Iames H- Fher and C. R.
fhl illj1! named 33 ''efendants and
the land Involved is in sections 3 and 4
t p' "or'n or range 44 east. It
is alleered that . . .
, a ' ' euieita into a
n,taCt.vWlt,h.?llloU- fey the term, o
iner was to supply the
money necessary to acquire title and
Tol8 recelv thereafter a deed to
120. acres. Fisher to retain the remain
ing 40 acres as his compensation. The
court Is asked to nullify the patent
issued to Fisher.
In the Other enao TJI. i-r .
John M. Jones and Andrew J. Denny
Ten . "iun. aowara took up
160 acres of land in section 33, town
ship 9, north of range 37 east. Baker
County under the timber and stone
act. He made affidavit that the land
was not valuable for mineral depos
its whereas, it is alleged, the land is
rich In gold and copper and a tunnel
had been driven to tap one of the
veins at the time Howard filed on it
I.eS.and Denn' have acquired How
ard s title to the property.
ACTOR WILL FILE SUIT
RICHARD CARLE TO DEMAND
910,000 FROM SOUTHERN.
Comedian Bases Claim on Injuries
Received While Leaving Train
in California.
A. smf will be filed in the United Slates
District Court late today or early Sat
urday morning by Richard Carle, the
distinguished actor now playing at the
Heilig against the Southern Pacific Rail
road for $10,000 personal damages. This
announcement came from Mr. Carle him
self and his attorney John F. Logan and
otV?8. f ePerience which the
actor-author-manager met with on his
ecent trip from San Francisco to Port-
r., . T. .7 , " "IH lrp north. Mr.
8ether. w,th 1,is wife a"l some
members of his company missed the
train on which they had been traveling
wfUgn faUlt of the'r own as rhey!
lege, ihe railroad authorities told them
they could take the second section whfc
ca?s 0niely fay COaches chai'r
f 7k. nfaring Marysville at 2 o'clock
in the morning they were informed by the
hatcthe cond section had
overtaken the first and that they could
transfer to the other train if thev were
spry According to the story thev we
sndakh "ed Hrm a dze in chalrr
Thl kIv Cd Ut at Marysville to transfer.
The brakeman raised the trap-door In the
vestibule and with the abjurgation to
hurry told them to get off. Jura"on to
At that .particular point on the road
there is a high andnarrow embankmeni
??. eW,thnVt 6Ven the "nt 01 a
the comedian- and his wife attempted to
chanpe trains. They got off the train
all right but in doing8 so sieppld into"
space and rolled down a 25-foot embank
ment. Mrs. Carle escaped with a minor
scratch or two but the star of "Mary's
Jftvmb, v.rKCe'Ved brnlses on the leg and
hip which assume a serious character.
His leg swelled to twice its natural size
and in spite of frequent massage treat
ments it was with the greatest difficulty
4
men U. Campbell, Who Will
Succeed Judge McBrlde.
aiid only by a courageous exhibition of
StT ,nefve, that he was ab'e to go on
with last night's performance. The suit
w-hich has been decided upon by Mr.
Carle and his attorney, Mr. Logan, prom
ises to add an interesting chapter to
damage litigation in this section;
TRAIN W0RTUNES
NEW ENGLAND PASSENGERS DE
LAYED 25 HOURS.
Remarkable Series of Accidents Hap
pen to Travelers Between Bos
ton and Montreal.
bHNT?EAU Aprl1 "Short of being
U,by. t'ainrobbers. the passenger!
? Cen,lral Vermont train from Bos
d"e he.re last night, experienced
every ser.sat.on to which travelers by
rail are liable. The train was due at
10 o clock last night, and it arrived here
shortly after 11 o'clock today.
Several miles from Roxbury Vt the
train was stopped and delayed five hours
because a large section of a cliff had
fallen, burying the rails under tons of
earth.
At Roxbury the train ran into the
rear of a freight train on a siding, caus
ing a long delay. Five miles beyond a
small river which had overflowed its
banks blocked the track with ice.
SEASIDE WILL ADVERTISE
Beach Resort Starts Publicity Fund
of $2000.
Seaside is the latest town to be imbued
with the Idea of exploitation. On Mon
day a number of prominent business men
got together and showed how really wide
awake they could be by raising a fund of
yroo within four hours.
Although -J1000 was originally named
as the objective of the new Seaside De
velopment Association, it is assured that
1 .i, - De Passe m a few days
and $2000 is now named as the amount
to be raised. The money will be ex
pended In advising visitors to Seattle and
the Portland Rose Festival of Seaside s
merits -as a resort.
As an accessible ocean resort, from
either Seattle or Portland, the Seaside
men are starting in to boost their home
town by showing that the farming re
sources have nnt hr.n 1.. j . .
l;ft 6 "eVer been suiciently ex-
1 means of a booklet this will be
f er .Whlch U is intended to raise
a permanent advertising fund
Dan Moore said last night that from
the success already achieved the develop
rrrent work would be a great success
"More building of all kinds?" said Mr
Vk" ?ing Zn than ever before, i
believe that we shall reach our troal nr
2000 within a few days. A few business
men have suhscrih . B
yet to see." nave many
. 1 J
i
Cooper's Reasons for New Trial-
."A!?".YI'B- Tenn" ApriMs.-Forty-Bix
disUnct reasons why Duncan B
Cooper and Robin J. Cooper recentlv
Carmaclf Z J?uA"
2 'i10"1? 1,6 wanted a new trial
at the hands of Judge W. M. Hart are
set forth in the grounds- for he mUon
tZ "eVrial fiIed by the attorneya for
the defendants today.
Pumps that fU at Rosenthal's.
ALL $40,00
ALL $35.00
1
344
Mary's Lamb" !s New
Offering at Heilig
CAST.
. Alan Townsend George BoRues
"Bill" Black well. . .Sylvatn Langlolg
Clyde Wetherbee. ... .Abbott Adams
Sylvester Q. Nightingale
Harry Montgomery
Judge Henry Gibson. .Drury TCtngsley
Mary Miranda Lamb Julia Ralph
Phyllis Atwood Violet Seaton
Sylvia Montrose Cecilia Rhoda
Mercedes ..Wlnltred Gilralne
Weenie Winifred Gilralne
Annie March .'..Rita Stanwood
Florence K. Gale .Mlna Davis
Luetic S. John Kdlth Williams
Edna Sidney. . .Bertha G. A. Delmone
Celia Dale Rita Stanwood
Viola Fair Mlna Davis
Horace Drummond. William Walther
Willis Brooks Martin Singer
Guy Whltaker fred Landman
Stacy Miller Victor Bozardt
aphrodite By Herself
Leander Umb Richard Carla
BT ARTHUR A. GREENE.
PRETTY funny are you, you ridiculous
old Richard Carle, -with that same
old, ancient chimney-pot hat and white
spats. Some people are Interesting on
Saturday night, a few are agreeable on
any day late In the afternoon, and It Is
recorded that some men are only worth
knowing when they wear red neckties.
So with you. Carle, I'm sure I don't know
whether or not you could stir our risablli
tles without your hat and gaiters. It
might also be added that your spectacles
help some. The sanctimonious air and
the bald head are also worth taking into
consideration.
( However all these things may be,
'Mary's Lamb," with reservations, is a
very diverting musical comedy as it ap
pears to us on its first Pacific Coast
visitation. Unless local historians are pal
pably at fault, this Is Dick Carle s pre
mier In Portland and a big crowd turned
out and into the Heilig last night In
honor of the event. The star's original
ity Is past question, his brand of humor
is his own and he has blown the name
into the bottle. As a composer of songs
he has borrowed advisodlv a r.,1 f
well, for the musical events of "Mary's
""'" meaiocre in tne main.
There is very little lilt, whatever that
is. and luz lift in t v. .. .
--- --"7 " lunta mat. a.r3
warbled. The on vMrh
.-iioi. appiause last night, VI Idolize
Ida." is DOsitlvelv nslnlno am 4A i ,
- - .-.....ininjrij HIW
which Mr. Carle must have written in
One Of his SOmnamhnHetin , . i . . . .
-"'' DHL ini
air Is catchy. "The Modest Little Model"
081 musical of the songs and
Miss Rhoda sings It extremely well. "My
Madagascar Maid" also made the audi
ence enthusiastic. SnmA ,-. j,,
- v umiuKUQ
or the piece Is unusually bright and the
situations, while reminiscent, are mirth
provoking. "The Education f ,
Pipp" turned musical micrht K m,.n.
same.
The story concerns a henpecked hus
UFE OF A PIMPLE
Complexion, are Cleared and Pimple.
Disappear Overnight Without Trouble.
The dispensers of poslam. a new skin
discovery, ask that notice be given
that no one Is urged to purchase it
without first obtaining an. experimental
package. Everyone who has tried it
knows that the fifty-cent box, on sale
at the Skidmore Drug Co. and Wood
ard. Clarke & Co.. and all drug stores
Is sufficient to cure the worst cases
of eczema, where the surface affected
Is not too large. The Itching ceases
on first application. It wil also cure
acne, tetter, blotches, scaly scalp, hives
barber's and every. other form of itch'
Including Itching feet. Being flesh
colored and containing no grease the
presence of poslam on exposed sur
faces, such as the face and hands is
not perceptible. Water and soap can
not be used in connection with it as
these Irritate and prolong skin troubles
sometimes even causing them. '
As to the experimental package of
poslam, it can be had free of charge
by mail of the Emergency Labora
tories 32 West Twenty-fifth street
New York. It alone is sufficient to
clear the complexion overnight, and to
rid the face of pimples In twenty-four
hours.
FURNISHING
We must enlarge our store and consequently must suffer the incon
venience of being badly torn up next month. To reduce our stock
before that event we offer you the choicest of Men's Apparel at
ALTERATION
SALE FRIGES
SUITS
SUITS
$26,75
$26.75
20 Off AIL Colored Neckwear,
Hosiery, Nightshirts and Pajamas,
EWETT, BKADLEI &
Washington St.
band, who tries one little fling and -gets
cajgnt at it and later succeeds in dig
ging up some ancient history on the
shrew of his bosom and asserts his In
dependence. Betwixt and between Mr.
Carle arouses a plentiful lot of laughs,
Ceclla Rhoda sings excellently, as was
her wont of old, and a stunning bevy of
chorus girls wear fine costumes and look
pretty enough to kidnap.
It Is with more than ordinary satis
faction that a local chronicler wel
comes Ceclla Rhoda back to town after
two years' absence and a tremendous
success In our neighboring town of New
Jork. Two years ago this young prima
donna set Portland by the ears for her
fine efforts with the California Opera
Company, which played the Marquam
ror a good but unprofitable season of
musical stock. Hundreds of neonle
went time and again to hear her sing
ihe VT.ty ,1ttle "Jew"l of Asia" song
from "The Geisha." and all of those sur
vivors will unquestionably go this week
to see the talented little woman after
her notable Eastern sncre u
WE
ON SALE TOMORROW
SATURDAY, APRIL 17
Don't overlook the opportunity to sample this choice brew a
perfect beer, perfectly brewed from the purest ingredients, includ
ing sparkling clear Bull Run water, and aged to perfection.
The name "Weinhard" has stood for nearly half a century for
everything that best in the manufacture of Pure Beer, on the
With our new Brewing House, new Ice Plant and greatly in
creased storage capacity, we are able to excel all previous efforts and
ficSefl!T PMrn!,a delihtfu1' health-giving, gentle tonic, bene
ficial alike to old and young.
Ord Jtodl6 a Sp6Cialty f SUppl5rin ProPtly all family trade.
HENRY WEINHARD BREWERY
Phone Main 72 Home A 1172
ALL $30.00 SUITS
ALL $25.00 SUITS
Fancy Shirts, Underwear. Fancy
Contract Goods Excepted.
Near Grand Theater
work in "Mary's Lamb"
is almost of
1 in 1 M"aiity.
Mr. Carle was a sick man last night,
in ract. his performance was one of the
gamest things I've seen latelv, for be
tween moments on the stage he was un
der a doctor's care In a condition of
absolute collapse. He received serious
injuries on the railway Journey from
San Francisco, but that's another storv.
He was unable to dance, and his danc
ing since the early days of "The Tender
foot has been one. of his chief claims
to distinction. In spite of his limp and
his apparent suffering, he did noblv
and those who have never seen him at
his best would have scarcely noticed.
As a Spring opening of fancy cos
tumes and pretty girls, "Mary's Lamb"
is well worth seeing, and when the star
and Miss Rhoda and some other fairish
principals are added you have an aggre
gation designed to furnish excel
lent entertainment.
Mr. Carle will undoubtedly be in much
better form tonight, and if you have a
sense of humor you'll enjoy seeing
Leander Lamh. his adventures and the
MHAEP
TTa TTa TT-Vn
$23.75
$19.75
GO
lnt?fn',Jh?n W,U he rrform
n"ght n'Kht- tor"OTow afternoon and
Gymnasium Fair Is Success.
The fair held In the Hassalo-street
gymnasium last night for the purpoe
of raising funds to maintain the Evm
naslum for the remainder of the Summer
-ILh Buecess- Over J15.
raised. There were 400 persons pres-nt
to enjoy the side shows that had bn
prepared and which were llberallv pat
ronized. .
Gambrlnus Brewing Co. begs to an
nounce that its annual brew of "Bock
n " offe"d 'or sale begin
TiP Saturday. April 17. For sale bv
all dealers. Send in your orders now
and Insure early delivery of your
49Vor A lilt."'1 f be5r- Phne Iai"
New York's latest novelties in fine
footwear at Rosenthal's.