I 8 THE MORNIXG OREGOXIAN. FRIDAY, APRIL, 2.-?. 1909. Files Condemnation Proceed ings Before Hill Lawyers Can File Options. : BIG CLOTHTOG 8 A T.F. ' ENDS; SATURDAY LONG AUTO RACE FAILURE Oreat Northern Agents Whirl Over Hough Roads in Vain Effort to Stop Itlvals in Route Through Pass. ' KAIJSPBl.t Mont.. April 22In the florce content now wacing between the Puget Sound Railway Company and the CJreat Northern Railway for ripht of way through the canyon on North Fork River, north or Coram, the Milwaukee attorney has blocked the Great Northern by filing notice of lis pendens in a proposed con demnation suit, prior to the filing of the Oreat Northern's deed to lands covered by the proceedings. A sensational dash was made by At torney Nofsinger and O. CS. Clay, right of way agent for the Great Northern, in an automobile to Columbia Falls yesterday afternoon, and a tive-day option secured on an extensive tract of timber land covering seven sections through which both roads will run. Auto Race Falls. The run -was made back to Kallspell, nml at 11 P. M. last night the County Clerk was found and the Instrument placed on lecord. Six hours previously, however, the Mil waukee attorney had filed condemnatiii suits covering the same lands. It is as serted that by virtue of this condition, nd the further fact that the Milwaukee stakes were first set, that road's right to go across the lands In question Is secured, and the Milwaukee people now claim to be In position to negotiate at leisure for the right of way., Milwaukee Road Ahead. The Great Northern holds only one deed and five contracts for deeds, while the iMllwaukee has filed seven deeds, and .Is protected by pending' suits on most of the lands held by the Great Northern under contract. At 5 o'clock this evening the Great Northern completed the tardy praparatlon of Its condemnation papers. There ensued spirited race between attorneys for the two roads to file their documents first, md the Milwaukee attorney -was vic torious. This Is the third condemnation suit Instituted by the Milwaukee company and Is directed against the Great Northern Railway Company as defendant. MRS. GILLAM IS SET FREE Released From County Jail After Pa pers Publish Facts in Case. SEATTLE, Wash., April 22. (Special.) Almost a nervous wreck from the experi ence she has undergone, forced to assign everything she owned to her ex-convict brother who caused her arrest Tuesday night, without sufficient funds to even pay for the care of her little 18-months-old girl, Mrs. Laura Glllam. the young woman who was charged with larceny by embezzlement after she says her hus band dissipated the fortune of herself and her brother, was released from "the County Jail tonight by order of the Prosecuting Attorney and this morning took her old situation as an attendant at the Seattle orphanage to make a livelihood for her self and her child. The order of dismissal was granted by Prosecutor Vanderveer after the news papers printed the facts In the case. Mrs. Glllam waa taken to the office of the Prosecuting Attorney by a Deputy Sheriff and there informed that if she would re linquish everything ,in her possession to her brother, Elmer Johnson, she could have her liberty and told that the civil suit against her -would be dlsmtssed when she delivered over all her assets to her brother. She signed the papers in the presence of the prosecutor. FARMERS FIGHTING FROSTS Burn Crude Petroleum in Orchards on Cold Nights. NORTH YAKIMA. Wash.. April 22. (Special.) The ranchers at 'Granger are fighting frost from their orchards with petroleum firepots. They have also installed In some of the orchards automatic frost alarms. A carload of firepots has been unloaded at Granger and three carloads of crude petroleum. Since last Saturday hundreds of fire pots have been kept burning Jn the orchards every night, and the air Is heavy with the smoke of the petrol eum. The automatic frost alarm is a sim ple device. A thermometer, to which is attached an electric bell which will be set oft when lie mercury gets down to the danger point, is placed in the orchard with the bell in the rancher's house. s soon as the signal sounds, the rarier lights his petroleum pots. The heavy smoke tends to keep the temperature to a point above danger. EARLY SCIO SETTLER DEAD i- W. Phillips, Linn County Pioneer of 1852, Passes Away. SCIO. Or.. April 22. (Special.) G. W. Phillips, who died here Sunday, April 18, waa born in Guilford County, North Carolina. October 24, 1S40. He removed with his parents to Missouri two years later. In 1852 the Phillips family joined the emigrants bound for the Pacific Coast. A donation land claim was taken up within a few miles of Scio. Mr. Phillips was married to Miss Martha Tarpley in 1861. To this union have been born seven children. The liv ing are M. W. Phillips, near Sclo; Mrs. Sarah Coffey, of Washington: Mrs. Kmma Davis, of Silverton; Mrs. Ida -Warwick, of Scio, and George W. Phil lips, of Albany. In 1S86 Mr. Phillips was elected County Commissioner of Linn County and served with credit for four years. In 1802 he leased the Jefferson flouring mills and operated them for two years He later bought an interest in the Scio flouring mills. ANNOUNCEMENTS. Dr. Horn, the optician, Sd floor Swet land bldg., guarantees satisfaction or money refunded. No fancy prices. Mrs. Juntln McCarthy has told how Thomas Parnell icravely checked her ftlr rln coftea "the wrong way" and inalited that ah should taka another cuj. FRIDAY AND SATURDAY THE LAST OPPORTUNITY TO PUR CH ASF FINE CLOTHING, HATS AND FURNISHINGS REGARDLESS OT COST We still have a large stock '-'to select f rom, and in order to reduce it to the lowest possible quantity by Saturday night, we will offer still greater bargains than have yet been offered, for Friday and Saturday. This is probably your last opportunity this season to get a strictly up-to-date suit at the prices we offer you for these two clin rliy" 283-285 WASHINGTON STREET IS Bellingham Corpse Twice Iden tified Wrongly. IS NOT GEORGE LOCKWOOD Buried as Such, but Portland Man 'Said to Be Still Alive -Authori- "' ties of Bellingham Are Puz zled Over Mystery. BELLINGHAM, Wash.. April 22. (Spe cial.) While his weeping friends held funeral services over a corpse yesterday. George Lockwood, whom they thought they were burying, was alive and well in Portland. Or. The corpse, which was buried yesterday, was found floating last Friday in Bellingham Bay. The remains were first identified as Jesse Talent, of Mondovl, Wash., from note-books found in the pocket. A let ter from Talent exploded that theory. Nathan Ask, a local jeweler, later p'os tively identified the remains as those of George Lockwood, who was last seen here six weeks ago. Members of the Salvation Army took charge of the body and conducted solemn funeral services yesterday over the remains. This morning Ask received a letter from a Portland friend which mentioned incidentally that he had Just met George Lockwood. who had given ' him all the news from Bellirigham. The authorities are now endeavoring to ' ascertain the true identity of the dead man. City's Land Purchase Reconsidered. VANCOUVER, Wash., April 22. (Spe clal.) Af a special meeting tonight the f DEATH CLAIMS MOSIER RESI nn iihMr' Ni'i h j Mra. Alary iiinlm Davenport, De- MOSIER, Or.. April 22 (Spe cial.) Mrs. Mary Hintz Daven port, who died here April 21, was bom in Neidnlwoiflpi f-iy. ln 1S4S. She came to America in t 1S64 and crossed the Isthmus of X ' Panama, residing for a short T time in San Francisco, then com- f ing to Oregon, locating at The J Dalles. In 1866 she was married I . t . -1 . . T iu Ajuuis junn uavenport, who died November 25, 1902. Mrs. Davenport was the mother of ten children, nine of whom survive her. They are: Mrs. Rose Robinson, of Portland; Mrs. F. S. Gunning, of The Dalles; George . L., of Portland; John T., of Mosler; Mary Frances (deceased), Mrs. R. H. Kemp, of Hood River; Charles H., of Portland; Mrs. B. B. Wood, Portland: Alice M. and Gertrude M.. of Mosler. One sis ter in Germany also survives her. 10 DEAD T UENT. - r -lty council reconsidered the action taken at last Monday night's meeting, when it was decided by a vote of. 4 to 2 to buy the block bounded by Fifteenth Park. Fourteenth and Esther streets for a site for a new City HalL at a cost of $8000. In the vote to reconsider. Green and McCarty, who before voted to buy, joined Councilmen DuBois and Tenney in opposing the purchase. ASSAILANT IS FOUND DEAD Man Who Attacks Girl Is Believed to Have Taken Poison. COETJR , rAliENS Idaho, April 22 (Special. )-;harles Tyson, who attempted an attack upon Hettie Weeks, a 15-year-old girl, at Tyson. Idaho, Wednesday morning, was found dead by the roadside between Fernwood and Santa about 10 O'clock this mnrntnr m , dor, of Santa. While no investigation has I Vet bffill TTlsrfA It 1 holla. royl 1, : . . , uioida by taking poison. Tyson was ss vrr nf m .. arried. TTa m" u a a v. - .i w uvn vi. mo luunuer or the town of Tyson. m SEEKS HEAVEN; FINDS CELL John Anderson, Acting Insanely, Is Arrested in Vancouver. . VANCOUVER. Wa;h. Arll ,o clal.) While looking for God and for heaven in the. lnmhoi- vnWi t, j j "iiii Aimer. son, aged about 42, was arrested tonight. ""u,;1u "J'" "le policeman that he had been waiting for the Lord for a long time and had been unable to find heaven. "Come with me and I will show you where to And the Lord." said the officer. Eager to go on his way, Anderson ac eomDanied the nfflcor tr. ... tion, where he was placed In a cell. JUDGE GORDON ARRESTED (Continued from First Page.) 8chlvely, State Insurance Commissioner, was arrested tonight on a warrant charg ing him with embezzlement, as the re sult of an Indictment returned against him by the grand jury in session at Spo kane. Schively is accused nf tho ,.-,. as the result of hla pnnnnt!nn . i- ' --- '-nu" wuu me defunct Pacific LivpstnMr TnnKn, a - iniv.i.. aasu- ciation. He served for three mnnth. president of the company while still drawing pay as a Deputy State Insurance Commissioner. The warrant was served on Schively tonight just before the committee ad journed. He wnn- pnlloil . v. 01 Gaston and the latter told him he -was uuuer arrest. ie asked the committee to be excused and the committee adjourned until next Wednesday. Mr. Schively was permitted to go to his home and in the morning will be taken to Spokane bT Sheriff Gaston. When the committee meets again it will Investigate the charge made by Schively today that he "divided equally" with his chief, Sam H. Nichols, Secretary of State; all moneys collected. He said that he used his share of the money to pay his expenses and to protect the policy holders and the state. He said ne did not know f hat Mr. Nichols did with his money. H stated that Mr. Nichols got half of the money whether he accom panied Mr. Schively on the trips to make examinations or not. B. L. Woodside, of the American Na tional Life Insurance Company, said four officers of that company had voted themselves J50.000 worth of stock each and that otherwise the company had no assets. He said no examination of the company's books was ever made, and that later he forced it into the hands of a receiver, upon finding the exact condi tion of affairs. He was Induced to mv $400 for $1000 worth of stock in order to get a $100 a month job. . tlr?S.?e:.Btl a ,?eattIe Insurance man, testified that he had brought a mutual company into the state and been charged only $3o. He said that Schively nor any one else had ever examined the com pany's books. Schively said that he ac cepted Best s recommendation for a com pany because he regarded him In the insurance world the same as Bradstreet Is regarded In the ouslness world J- W. McBirney. president of the Jlr. w.Ctast Insuranc Company, stated that his concern was assessed only 25 for an examination that took only two hours. Frank J. Martin, secretary of "the Northwestern Mutual Fire Insurance Company, testified that his company was examined frequently and that these cost the company from $15 to $75 each. Swell Knglish pumps at Rosenthal's. OPEN EVENINGS FIXTURES FOR SALE RATE FIGHT IS ON Cut in Tariff to East Demand ed of Oregon Short Line. STATE TAKES UP CUDGEL Notice Is Served on Transcontinen tal Lines That Increase In Rates for January 1, 1909, Is Considered VJnj ust. SALEM. Or.. April 22. (Special.) The State Railroad Commission today fired the first gun in what is expected to be a long-drawn-out and stubborn fight for lower eastbound transcontinental rates. The first move of. the Commission was to call upon the Oregon Short Line Rail road Company for a reduction in wool rates from Huntington. Ontario, Vale and other points on its line in the State of Oregon, to New Tork, Boston. Phila delphia, Chicago and other Eastern points common therewith. This is a for mal notice from the Commission as pro vided by law. and if reasonable reduc tions are not made by the railroad com- Paf!y,at an early date- tne Commission will file a complaint with the Interstate Commerce Commission, asking for a re duction. Notice was also given the Northern Pacific Railroad, Astoria & Columbia River Railroad, Spokane. Portland & Se attle Railway, Oregon Short Line Rail road, Oregon Railroad & Navigation Company and Southern Pacific Company that the increase-In the eastbound trans continental rates, effective January 1. 1909, is considered unreasonable and un just, and a request Is made that the old rates, or those in effect prior to Janu ary 1, 1909, be reinstated. If the request V. -I i i . . mo vmiimiKHion is not compiled with KORRECT FIT, KORRECT STYLE KORRECT PRICE, KORRECT WEAR READ THIS CUARANTEE BURT & PACKARD CO., Makers, Brockton, Mass. mmmmm it KORRECT SHAPE" SHOE STORE 293 Morrison Street I iii a complaint will be filed with the Inter state Commerce Commission at an earls-date. VESSEL CAUGHT POACHING American Consul at Vancouver Be lieves Woodbury Drifted Too Near. .- VANCOUVER. B. C. April 22. Cap tain Sinclair and the crew of the cap tured American fishing schooner Charles Levi Woodbury left for Seattle today on the steamer Whatcom, after leaving sworn statements in the hands of United States Consul West. ;r "I took the statement of Captain Sin clair and some of his crew yesterday" declared Consul West, "and I also in terviewed Captain Newcomb, of the Kestrel. Close investigation of the charts and comparison of the state ments leads me to believe that there is not the slightest doubt that the schoon er was in Canadian waters when seen by the Kestrel, but what I am also inclined to believe is that she had drifted inside the limit during fishing operations. When the schooner com menced fishing on Sunday she was well outside the three-mile limit, but a wind and current set her in. That is the TOO AY "ONLY FRIDAY SPECIAL STRICTLY NEW 9300 Pianos for 195. $350 Pianos for $238. ; IN OUR NEW STORE, 106 FIFTH ST. (Between Washington and Stark.) Hovenden-Soule Piano Go. Label Rer- U. "a" imurv IDS nnt olo U worn throaarn. w will replc with new pair. AU Bun-ojapa leather com under thia ffuasantee SOLD BTV CHARLES W. DEMMLER, Manager OPP. WOODARD conclusion I have come to after making inquiries. "As regards the chase. I cannot quite understand Captain Sinclair's statement that he did not hear the Kestrel sig nalling him to stop, but the direction of the wind and the noise of Woodbury's gasoline engines might account for this. He was probably aluo under the im pression that if he got outside terri torial waters he was free, but the chase1 had commenced in Canadian waters and the Kestrel would have been justified in chasing him to China, and 1 believe, had an American cutter been around, she too would have made the Woodbury heave to. My opinion is that the Dominion government will recognize the possibility of the Wood bury having drifted Inside the HmTt while her skipper and crew were busily engaged in fishing operations, and that the imposition of a fine will meet the case." ' ' - Loses Hand In Machinery. F. G. Lichtenberger, 2o years old. of 461 East Morrison street, an employe of the Standard Box & Lumber Company, at East Water and Pine streets was the victim of a painful accident early yester day morning which cost him half his right hand. The member was caught in a machine he passed on his way out of the mill and ground up in a pulp. The IG6S Pat. Of. OUR GUARANTEE Near Corner of Fifth Street m CO. V CLARKE'S hand was amputated at Good Samaritan Hospital. On the National woman's aufTraar peti tion the name of the Oovrrnor of lllchlean .w. the list from that etote " '8" Use Ivory Soap for dish washing and it will cost you perhaps, two cents a week more than if you used ordinary laundry soap. But what does that amount to, as compared with the satisfaction that comes from scrupu lously clean dishes; from the improved appear ance of your hands; and from the knowledge that every ingredient in Ivory Soap is sweet and clean and pure? Ivory Soap 99f& Per Cent, rure. THIS IS THE BEST TIME the YEAR FOR A 3iEW PLATE OR BRIDGE. As there is little or no danger of sore gums or other troubles while Spring lasts, Our plates give the mouth a nat ural expression, and will prove a Ust 1 n c- .omfon DR. W. A. WISE ITrKldcnt and Manager. S3 Tears KtablUhed la Portland. We will give you a good 221c sold iniiri'Min trown lor a S.SO Molar crowns S.OO 3.00 ..... 1MO ZZk bridge teeth GoM or enamel fillings SllVer linings Inlay rulings of all kinds.... tJood rubber plates Tho boat red rubDer plates... Painless extraction AO 6.00 Painless extractions free when platea or brloVc work is ordered. Work guaranteed tor 15 years. THE WISE DENTAL CO. (Inc T F-Killnic Rlds d and Waab. St Office honra s A. M. to S H. M. Mindaya, 9 to 1. Phones A and Main n-"rrvv:irii f,r 7. 1 r Y 1 : -. wur -ar. v.- - - . v ft . K '.Ns j a... - rn M,'j- h.ij? A J V