14 THE T.IORXING OREGOXIAy. FRIDAY, -MAT Tr 1909. PATENT PAVING IS TO BE PROTECTED Rival Companies May Not Lay Pavement Callefl "Just L as Good." .MANY COMPLICATIONS ARISE Controversies Between Rival Con cerns Occupy Time of Street Com mittee at Lengthy Session. Hassani Co. In Limelight. The street committee of the City Executive Board, composed of Isaac Swett, P. E. Sullivan and H. M. Esterly, held a lengthy session yesterday after noon, presided over by Mayor Lane. Most of the time was consumed by the Mayor and members of the committee in discussing complications regarding streets in the Irvington district and the laying of Hassani pavement, a pat ented article, by other concerns than the company controlling the patent rights. The Irvington matter was re ferred to the City Attorney for an opinion, but the Hassam matter was decided conditionally. If the Oregon Hassam Paving Company, owner of the patent for this territory, puts in a proper bid for maintenance, it is alto gether probable the contract for five Hast Side streets will be gjven to it. Mayor I.ane and members of the com mittee expressed themselves as highly displeased at the system in vogue, ' which compels the awarding of con tracts in cases where there is.no com petition whatever, and Mayor Lane sug gested that it might be a good idea to send the matter back to the City Coun cil for a remedy, the Council being the enly city authority that can change the article ppeclfied for paving a given Btreet. . This was not done, however. There was considerable discussion of the question as to whether "just as good" Inserted in a bid for a certain kind of improvement is legal, and Assistant- City Attorney Grant ruled that such a specification cannot be con sidered. This was done by the Cascade Paving Company, a local concern which Is endeavoring to enter Into competi tion with the asphalt, bitullthic and Hassam companies. War of raving Companies. The controversy in regard to a bid of the Barber Asphalt Paving Com pany and. the Cascade Paving Company, on East Seventeenth, from Knott to Siskiyou streets, brought forth much debate from all concerned. The Bar ber Company's bid is for $12,827, and that of the Cascade Company is 112.656. Being the lowest bidder, the latter named company is making a hard fight" for the work, but the allegation is made that tho Barber Company is trying to stop the award on technical grounds. F. N. Tay. representing the Cascade Company, charged that the effort of Lawyers L. A. McNary and R. n. Dunl way to secure delay in the matter "is simply to head off competition." "There are to bo complications In all bids other than those of the Barber Asphalt Company." said Mr. Ray. "There will be complications in all competitive bids just to keep out com petitive bidders. It Is a question of whether you members of the commit tee Intend to give competitors a chance to got Into business in Portland." Tawyers McNary and Dunlway set forth that the property-owners wish K!wood Miles as contractor to do the. work, because, they said, he Is better prepared to do it. Mr. Miles said he objects to nnother contractor receiving the award, and declared he will contest it if the Board lets it. Harmony Xot Wanted. "Harmony" seemed to be the desire of the lawyers, and Mayor Lane said he does not care for too mucli of such harmony. He said that all work must be awarded to the lowest responsible bidder, as called for by the charter. Assistant City Attorney Grant advised the committee that it is illegal to im prove a street and leave any break on an Intersection, such as there will be at Stanton street. Attorney Duniway declared that. If the contract Is award ed to Wiles, all legal technicalities will be avoided, but otherwise there will be a contest. "Wiles has been employed to put In all water and gas mains, as well as the paving. Mayor Lane- asked why the property owners did not . get a private rermit. Instead of allowing the calling for bids through the Exeeutlvo Board. ' Mr. Duniway replied that they wished to take . advantage of the bonding act, and that they cannot do so under a private permit. Mr. Day said that, as lowest bidder, he questioned the right of tho Execu tive Board to award the contract to the highest bidder. In this case being the Barber Company. "Well, the courts of this state have had the termlty to disagree with you on that," retorted Mr. Grant. Isaac Swett declared he believes there Is collusion to the end that the work may be let to "a certain man." meaning "Wiles. Mr. Swett said he would not be a party to this kind of business and Mayor Lane expressed the same sentiment. The matter was finally referred to the Cily Attorney. Harold M. Sawyer, representing the Oregon Hassam Paving Company, "arned Mayor Lane and the members Vf the committee against awarding any contracts for Hassam paving to tho Cascade Contract Company, or to J. M. Sweeney, who bid with the Has sam Company on five East Side streets. The Cascade Company bid on a pave ment "Just as good" as Hassam. Mr. Sawyer formally notified the committee that the Hassam Company holds Unit ed States patents and that no one can lay it without permission. O. A. Ritan sent in a letter, objecting to the cost of Hassam. and declared to the committee that the pavement is nothing but concrete. Mr. Sweeney declared he Is ready to fulfill, his con tract, having a certified check posted. Mayor Lane said he believes that, if the Hassam Is patented. It cannot legally be laid, under tho charter. Mr. Day. speaking for the Cascade Company, said he will lay a pavement "Just as good' for 40 cents a square yard less than the bid of the Hassam Company, which bid $1.90 a square yard. The committee decided, to hold over the bids' until the Hassani Company puts In a bid for maintenance. If this hid is put in. it is understood tho con tracts will be awarded at the next session of the Executive Board. TRADES CLOTHES IN NIGHT Itancher, Victim of Circumstances, Tried for Wearing Uniform. F. A. Cunningham, of prlngwater. Or., appeared in the Municipal Court jester- fday forenoon rp'ic and span in the unl-T form of an infantry private, the charge ' . against, him being that of wearing the service uniform wrongfully and without plain that it was no fault of his that he had on the uniform for a crafty infantry man named Private Garry, who was Tired of the service, traded' clothes with the young farmer " while Cunningham was asleep, thus making It possible for the deserter to leave the city and discontinue his military connection without attracting attention. Cunningham, - it seems, came in from the little berg out by the Clackamas to view the metropolis and met Garry, from the First United States Infantry, sta tioned at Vancouver Barracks. The two men roamed about town together, spend ing Cunningham's money. Late at night they took a room together. In the morn ing Cunningham awoke to find his soldier acquaintance had vanished. So had Cun ningham's clothing, " but ttje uniform was left behind. " The uniform tit well enough but Cun ningham sagged at the shoulders and bent In at the chest and did not look even like a recruit. So it wasn't long before a few ' soldiers from the post saw him, began wondering where such an appear ing soldier came from, questioned him on the' subject, and after-finding he was not a soldier called Patrolman Manning. There seemed no doubt as to the ver acity of Cunningham's lament so Judge Van Zante dismissed the charge against him. Matinee of Romance. "When Knighthood Was In Flower" 'will be given three more performances at the Bun galow, this evening:, tomorrow afternoon and night. Lurinff the .performance tomorrow evening; the election returns will be read be tween the acts. "When Knight hood Was In Flower" in an ideal matinee attraction and one which all the matinee patrons will enjoy. "At the Old Cross Roads." The I-yric Stock Company Is making: a hit this week In the famous play of Southern life, "At the Old Croasroade,' which has made thousands laugh and weep throughout the country. All the favorites are In the cast. Special children's matinee Saturday. Tonight and tomorrow night at 8:15. AT THE VAUDEVIT-l.K THEATERS. , Lulu Bewon Trio Orpheum. One of the cleverest singing and dancing acte that have appeared for some time is by the Lulu Beeson trio. Their little skit Is called "A Night In El Paso." The mechani cal and electrical setting is one of the most elaborate In vaudeville, while the dancing of Miss Beeeon Is little short of marvelous. Colored Comedians. v King and Bailey, the colored comedians, from the Williams & Walker show, are the head liners on the bill at the Grand, assisted by four pretty colored girls, who can dance and sing. It is one of the brightest acts of the season and fs the star act of a particu larly interesting vaudeville entertainment. ' Capacity Business Pant ages. The Pant age Theater is packed to Ite full est capacity at " each performance this week. The "Galnsboro Girl," supported by a first class aggregation of advanced vaudeville artists, is responsible for the increased at tendance at the popular Fourth-street house. The Pantagos Theater gives three perform ances dally, at popular prices. COMING ATTRACTIONS. Merely Mary Ann." For the coming week the Baker Stock Com pany will present Zangwlll's greatest play, "Merely Mary Ann." the story of a elavey who becomes an heiress. It was in this play that Eleanor Robson established her in ternational reputation and this will be the first stock production of the drama In the West. First performance Sunday. Great Temperance 1'lay. Next week, beginning Sunday matinee, the popular Lyric Stock Company will be seen in the great temperance plsy. "Ten Nlghto In a Barroom." Kvery chilri should see it. Matlncea Sunday, Tuesday, Thursday and Sat urday.. Minstrel With a Voice Orpheum. Frank Coombs, who has been called "The minstrel with a voice," will be een at the Orpheum next week In a little comedy offer ing, "The Last of the Troupe." Miss Muriel Stone Is associated with Mr. Coombs. Miss Stone Is clever, while Mr. Coombs himself is a comedian of more than ordinary ability. "A Wild Rose." Mr. and Mrs. Forbes, favorites in vaude ville, will lead the new programme at the Grand next week In their latest playlet, "A Wild Rose." There will be alx other big features on the new bHU and every one is a guaranteed attraction. Charles Dickens Next Week. Mr. and Mrs.- Edward H. Lucas, the well known Knglish artists, will be the feature act at Pantages next week. They will pre sent scenes from Charles Dickens books, with appropriate scenery. Two scenes from "Martin Chusxiewlf will be shown, followed by a n I mpersonation of the hypocri t leal Uriah Heep. HURT JUMPING FROM CAR Vnhappy Wife Injured Trying to Avoid Her Spouse. Mrs. Hattie Mace's efforts to avoid an Interview -with her husband, Thomas Mace, caused the woman to Jump from a moving car at Front and Morrison streets, early yesterday afternoon. She sprained her ankle severely and cre ated much excitement. , Incidentally, her husband's efforts to taric with her resulted In his arrest. He was released as soon as he had an opportunity to explain. The Maces are engaged in a divorce suit. Mrs. Mace is suing, because of Mace's alleged mistreatment of her. Testerday's mixup occurred over the dispositional the children. The Maces met at First and Morri son streets at 1:30-P. M. yesterday. Mace attempted - to speak to his wife. She avoided him, walking rapidly to Front street and boarding a car. He got on the car. too, and she Jumped oft while it was in motion, she f e"H and her ankle was sprained. Mace was arrested on a charge of disorderly conduct. He was released when he said he was merely seeking to talk with her about their children. Mrs. Mace was taken home in the Red Cross ambulance. CITY GETS CONVENTION Farmers' Institute Workers Will Meet In Portland. Announcement has been made by John Hamilton, farmers' institute specialist of the Department of Agriculture at Wash ington that Portland has been choseV for the next annual meeting of the American Association of Farmers' Institute Work ers. This will be held August 16-17. At the same time the Association of Ameri can Agricultural Colleges and Experiment Stations will be held here. This will be the first time the Associa tion of Farmers' Institute Workers has met on the Pacific Coast. A special ef fort is to be made to have all the Insti tutes In the various states represented. Owing to the fact that many members will come West to the Seattle Exposi tion, it Is Expected that this meeting will be largely attended. A SURPRISE PARTY. The suits we sell at $15 are pleasant surprises to those who see them the first time. No wonder, for they are real $20 and $25 values. J. I Bowman & Co" Fifth and Alder. Good Sprlns Medlclae. .Van Hareu's Liver Beans 25c bottle. Amusements Wfct th fiiin Afftttte Bar f I WILL FETE VISITORS Japanese Officers to Be Elab orately Entertained Here. WILL ARRIVE- ON JUNE " 7 Distinguished Orientals Will Attend Banquet,' Inspect City and View . Some ' of the Hose Fes tival Events. The feting of 12 Japanese officers of the cruiser fleet visiting Paeiflo Coast ports, in Portland June 7 and 8. is ex pected to furnish the best possible evi dence that a genuine "entente cordiale" exists between the United States and Nippon. Headed by Admiral Ijichl, ftae officers will arrive in Portland the morning of June 7, the first day of- the Rose Fes tival. It is proposed to give them a bief education In the' industrial 1 possi bilities of this city. They will be taken to inspect some of the largest factories while they are driven around in auto mobiles. Everything possible that can be dis played of Portland In a scenic way will be shown the visitors. Consul Numano, of Portland, is very proud of his adopted city, and he intends to see that the vis itors go away with pleasant memories. The feature of the visit will be a ban quet to be given by -representative citi zens at the Portland Hotel. W. D. Wheelwright, William MacMaster, T. B. Wilcox and Tom Richardson have the matter iqhand. These gentlemen, act ing as a committee, will co-operate with the Chamber of Commerce in its efforts to make the visit memorable. Three hundred guests are expected to attend the banquet. The entire lower portion of the hotel will be prepared for a reception to follow, being decorated with flags of the two nations. Prominent men in the city and state life are ex pected to be present. Following the banquet, a reception will be held by Consul Numano in honor of his countrymen. To this reception the Consul said 5000 invitations would be is sued, in order that representatives of every rank of Portland business and social life might be present. Arrangements for the afternoon will be taken In hand by Ralph W. Hoyt, of the Rose Festival Association, who has prom ised to entertain the sons of Nippon dur ing the time that may be at their dis posal. The visiting party will probably consist of Admiral Ijichi. commander of the squadron; Captain Sato, of the Soya; Captain Ishii, of the Aso; two Captains of Engineers and other staff officers; President C. Takashishl. of the Wash ington State Japanese Association, and T. T. Tanaka, Imperial Japanese Consul at Seattle. WILL BE TRIED WILLIAM BARCLAY ACCUSED OF KILLING WHITE MAX. Eastern Oregon Brave Who Will Ap pear in Federal Court Said to Have Told of Deed. Witnesses in The Dalles and vicinity will be subpenaed today by Deputy United States Marshals for the murder trial of William Barclay which is set for May 27 in the Federal Court. Barclay is an Indian who is accused of killing John Jacobeon last Fall on the Warm Springs Indian reservation. The "two - men were ' stopping "at the house of another Indian and quarrelled, but apparently made up afterwards. The next day, it is charged, at the invitation of Barclay the two men climbed a butte where Barclay shot Jacobson in the back of the head, and cut his throat. According to testimony taken before the Coroner's Jury Barclay told an Indian woman he was going to take Jacobson out and kill him and it was also testi fied that when Barclay returned from the butte he remarked that the white man was a hard one to kill as he had to cut his throat. (Barclay left the country after the trouble and was arrested in Califor nia.' It is presumed he will plead self defense. Another Indian murder trial will follow directly after the close of the Barclay case. Carl Logsdon is the defendant and is accused of shooting and killing Grover Cleveland White, another Indian. The evidence in this case Is wholly circum stantial, togseion was the last man seen SHE QUIT Bat It -nam Hard Pall. It is hard to believe that coffee will put a person in such a condition as it did an Ohio woman. She tells her own story: "I did not believe coffee caused my trouble, and frequently said I liked it so well 1 would not, nor could not quit drinking it, even if it took my life, but I was a miserable sufferer from heart trouble and nervous prostration for four years. "I was scarcely able to be around at aVl. Had no energy and did not care for anything. Waa emaciated and had a constant pain around my heart until I thought I could not endure it. For months I never went to bed expecting to get up in the morning. I felt as though I was liable to die any time during the night. "Frequently I had nervous chills and the least excitement would drive sleep away, and any little noise would upset me terribly. I was gradually getting worse until finally one time it came over me, and I asked myself what is the use of being sick all the time and buy-ing.-medlcine so that I could indulge myself in coffee? "So I thought I would see if I could quit drinking coffee and got some Postum to help me quit. I made it strictly according to directions and I want to tell you that change was the greatest step in my life. It was easy to quit coffee because I had the Postum which I like better than I like the old coffee. "One by one the old troubles left, until now I am in splendid health, nerves steady, heart all right and the pain all gone. Never have any more nervous chills, don't take any medi cine, can do all my housework and have done a great deal beside. "My sister-in-law. who visited me this Summer, had been an Invalid for some time, much as I was. I got her to quit coffee and drink Postum. She gained five pounds in three weeks, and I never saw such a cnange in any one's health." Ever read the above letter? A new one appears from time to time.- They are craulne, true, and full of human interest. Seasonable Specials Friday and Saturday Boys' Department, Long Pants Suits, new Spring styles, sizes 2 to 19, regular $12.50 value; special price . . . ..... $8.65 Nobby Felt Hats in the new est green and tan shades, regular price $2.00; special price .... ..... $1.35 Negligee Shirts, new shades and patterns, in all sizes from 12 to 14, : regular . 75c value; special at. . . .,. . .45 EXTRA 1000 Baseball Caps to be given away Free. Come and get one. 166-170 Third Street. with White and the bullet removed from the latter's head fitted a revolver carried by Longsdon. - Apollo Club Gives Its First Concert. BT JOSEPH .M.' QUENTIX. ' WELL done, the Apollo Club of this city, a male voice organization that gave Its first concert Wednesday night In the assembly room of the Masonic Temple, before a large audience, repre senting musical and society circles. It was in every way a distinguished suc cess. The Apollo Club was only recently, or ganized and this is the first time it has appeared before the Portland public, and for a shy debutante. It has scored first place. The last time Portlanders heard such well sung male voice music was when the male voice section of "Tho Silver Slipper" Company captured our young affections at the old Marquam theater, about five years ago. The writer professes to know-real -male voice music when he hears it, as he was - an active member of the Mendelssohn Club of Toronto,- Canada, during the first section of the season of 1900-01, the club which was pronounced by Adolph Rosenbecker, conductor of the Chicago Symphony Or chestra, to have reached "as near per fection as human voices, can hope, to reach in this world." The second basses of the Apollo Club, especially when they reached and held a note somewhere near low L, deserve especial praise, and the much abused tenors are all right. The best chorus was "The Sword of Ferrara," which was so grandly sung that it nearly swept the audience off its feet. Any old time that America gets into a war scare, with . a -foreign power, if the Apollo Club would only sing "The Sword of Ferrara," there would be no difficulty about recruits. Especially pleas ing was "De Coppah Moon," with its refrain of dainty humor. The Chorus got two encores, and the director, W. H. Boyer, deserves more congratulations. The two piano accompanists were E. E. Coursen and W. C. McCulloch, who played excellently. . The active membership of the Apollo Club: Tenors J. w. AJstock, 'John F. Barrett, Edward L. Bayly, John D. Carson, Louis Dammasch. John Gates. John Gill. W. J. Gill. W. F. . Greer.. William G. Hodsdon, H. W. Hoguf, G. M. Instey, Sidney G. La throp, G. B. Mallett, C E. . McCulloch, F. S. Peirce. Frank B. Riley, R. A. 6chram. C. H. Sundby. W. A. Walters. Basses Clyde . B. Aitchlson, J. ' W. Blck- COTTOLENK is a pare and wholesome frying and shortening medium, made from refined cottonseed oil. There is not an onnce of hog fat in it to make food unwholesome, greasy and indigestible. As evidence of its superiority, COTTOLENE received Grand - Prize (highest possible award) at the Louisiana Purchase Exposi A yard cents. Cobs are" full grown, full made, full qual ity, four-inch Havana cigars, rough looking and plainly packed. You can't smoke anything but the cigar, so we've left off gold bands and we haven't lithographed the box. We haven't paid for fancy shapes which would add to the price, without adding anything to the taste. Nine 7 of them laid on. end measure a full yard. X us xiaf.an NBRBS UNO JO ford.. M. L. Bowman. Louis P. Bruc. An drew B. Caughey. G. H. Cramer. H. H. Kaston. H. J. Kranjc, IV J. Gordon. Ij. IT. Hansen. B. F. Holman. Daniel Johnson, "VV. R. K.a?r. X. T. Ketchum. Halpli Tjee. A. W. Ledbury, W. A. Montgomery, John Claire Monteith. W. C. McCulloch. Lionel L. Paget. C. II. Parish, C. A. Pcttlbone, H. L. Powers. S. N". Steele. C. F. Swigert. Henry T-aal, Alexander Tvagner. Paul Wes singer,' Dom. J. Zan, A. G. Tindolph. All the singers participated at tha concert except Mr. Bruce, Mr. Easton, Mr..; Ketchum, Mr. Powers, Mr. Swipert, and Mr. Zan, -who are all active members of the club but were unable through pres sure of business, to attend all rehearsals. The. soloists were Miss Sarah Glance, contralto, . and John Claire Monteith,. baritone. Both were encored. Miss Glance made, a fine appearance, and pleased es pecially in W- F. Heasche's "Love Song." Miss Glance is .now. one of our foremost contraltos. Mr. Monteith sang with fine spirit In the "The Ruby Pennant." One especially pleasant feature: The concert was concluded before 10 M. Ijivesley Accused or Larceny. George F- Livesley is on trial in tho Circuit-Court on a charge of larceny by embezzlement. A . jury in Judge Morrow's department is hearing, the evidence. In the Fall of 1905, it ap pears, John. Salagaber, of Meadville, sold $3000 worth of hops to M.. Rein stein, of a local brewing company, who is now - under indictment on a. charge of forgery for the alleged mutilation of the excise board petition. It is al leged that on November 1 of that year, Livesley received, as agent for Sals- it. i i Tri'rnr The Swine or the Flower? .-..' . Oh me! I saw a huge and loathsome sty, , Wherein a drove of wallowing swine were barred, Whose banquet shocked the nostril and the eye; ' Then spoke a voice, "Behold the source of LARD!" . I fled, and saw a field that seemed at first j One glistening mass of roses pure and white, With dewy buds 'mid dark green foliage nursed; , And as I lingered o'er the lovely sight, ' - The summer breeze that cooled that Southern scene, - Whispered, "Behold the source of COTTOLENE!" "Nature's Gift from the Sunny South" Made only by THE N. K. FAIRBANK COMPANY, Chicago. oi tobacco for fifteen You can buy this full yard of pure measured off in four-inch lengths, for FOR SALB AEVERYWHERB Mason, Etonian & Co: DISTRIBUTORS Portland, Seattle, Spokane gaber, $3000 from Reinstein, in pay ment for the hops. He is alleged to have retained this money for his own use. Attorney John Manning, .repre senting Livesley. endeavored .to si?ow that Reinstein is now under indict Extra particular cooks always demand this brand. There's such enticing crispness to pure lard it smacks of the good old tunes when flaky pies and juicy fruit cobblers knew no other shortening. . 3 fiansep Patrkcra i,fie Pacific - . tion; and Gold Medals (also representing highest awards in each case) at the Charleston Exposition, the Paris Exposition, and the Chicago World's Fair. In fact, in every case where COTTO LENE has been exhibited in competition with other cooking fats, it. has invariably been granted the highest award. Havana, 1 5 cents. ment, biit the court would not allow this testimony to go before the jury. . i Kjfc shells are being used In Germany, as incandescent gas mantle, giving a clear Tight and proving very durable. EM lb Milder "