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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 31, 1909)
THE MORyiyG PREGOyiAX, SATURDAY, JULY 31, 1909. V H ii Si :: :j i! it M FREIGHT ICONS ARETURNED BACK Twohy Bros.' Men March Up to Locked Gate, Then March Back Again. LEGAL ISSUE NOW FORCED laborers and Equipment Rushed to Deschutes by Rival Con tractors Chances for Clash Increased. BT B. O. CALL.VERT. GRASS VALLEY. Or., July 30. (Staff Correspondence). For the first time since Porter Bros, locked the gate at the Gurtx ranch, two loaded freight wagons were sent over the road toward the Deschutes canyon today by Twohy Bros., Harri man's contractors. The wagons were de nied the right to cross the ranch by Porter Bros.' guard and returned to this place without attempting to force their way through the fence. Porter Bros." man did not offer any armed resistance. The guards, two In number, simply re fused to unwrap the chains, making no threats. At the time the two teams reached the gate, H. A. Brandon, construction engi neer. Jay Bowerman. legal representa tive here of the Harriman Interests, and J. W. Twohy, were on the scene, having gone out in an automobile. The entire party. Including the freight wagons, re turned to town, and almost immediately Mr. Bowerman. accompanied by L. R. French, who has an interest In a home stead entry on one of - the tracts on which Porter Bros, have secured an option, returned to the vicinity of the disputed gate. Mr. Bowerman reached Grass Valley again lata this evening: Harriman Counsel Optimistic. "We will have a wagon road entrance through the canyon within a week." was his announcement, but he refused to re veal his plan of action at this time, and declined to discuss the subject further. At the office of Harriman's contractors It is stated that the sending of the two teams to the gate today was done upon the advice of counsel, and was simply for the purpose of ascertaining the exact attitude of Porter Bros. L. E. Levenstlre. Porter Bros." gate man, told the Harriman representative that his instructions were to refuse to unlock the gates for any wagons carry ing supplies or construction material to the Twohy camp. "I am not here to use force to prevent your going through the gate." he said. "If you attempt to tear down the fence I shall not try to stop you. But I shall not unlock the gate." After a consultation of the Harriman men, a quarter of beef was thrown over the fence with a statement that a man would be sent up from the camp for It. Railroad laborers are now going on the works in numbers. The evening train brought out about 90 men for Twohy Bros., and about 40 for Porter Bros. All these men were taken on to the end of the railroad at Shaniko. and will be put at work above mile post 75, In the canyon of the Deschutes at Horseshoe Bend. Porter Bros, appar ently are now preparing to send men on the grade further up the river, where Twohy Bros, have had a camp for some time and men Vmployed In rock work and grading. Porter Bros.- 4 2 Italians, who reached the bottom of the canyon today, were kept busy building a camp of their own. and it was stated that as soon as this was established they would go to work at a point up the river. Porter Bros, now have 16 men at work on the tun nel. Possibility of Clash Increases. The Increasing of Porter Bros." forces In the canyon strengthens the possibil ity of a clash. This may h-pppn If the two forces attempt to work at some point where there Is room enough, for but one, but the situation Is quiet at present. The Harriman contractors still have a large number of their employes at work on the extension of the wagon road to the upper tunnel portal, a dis tance of one and one-half miles. Some of the road has to be blasted out of the hillside, and It is an expensive piece of work. The extension is not yet in shape to he used. Engineer Dewltt. In charge of Porter Bros, construction work, has surveyors at work down river from the turn. el. from which di rection the Porter construction forces are advancing on the tunnel via the Hill ranch and crossing the rl-er by boat. Equipment continues to arrive for the O. R. & X. construction. Fifty cars of construction tools and camp equipment and supplies have been brought in for Twohy Bros, and unloaded either at Moro. Grass Valley or Shaniko. It Is estimated that this is equivalent to more than 1250 wagon-loads. Porters' Options in Detail. Certified copies of the contracts be tween Porter Bros, and the ranch-owners, bv means of which the former are at tempting to block Twohy Bros." wagon road, were received here today. Only two contracts are on record in the office of the County Clerk. The one affecting the Fred Gurtz place is a 60-day option, providing for the payment of J200 cash and the balance of when a good and sufTlclent deed is furnished by Gurtx. The agreement Is to he placed In escrow during the days, within which period Gurtx is to secure the signature of his wile to the deed. It is reported in Grass Valley tr.at Gurtx and his wife have separated. The other contract Involves the home g'.ead entrv to which title Is claimed by L. R. French and B. 8. Downing. His tract lies between the Gurtx place and the head of Twohy' wagon road. On this piece $!') cash has been paid, and the total consideration is to be S12A of which is to h. paid by Porter Bros. In so days and W in 60 days. If the claims of the grantors to the land are decided adversely bv the Government, thev are to return J120O to Porter Bros. Time is the essence of this contract. If Porter Bros, fail to make the subse quent payments, title reverts. Additional Counsel Secured. Porter Bros., therefore, have paid out eo far $ort to blockade Twohy Bros.' lagon road, with a possibility of their paving a total of 160. If Porter Bros, have secured an option on or purchase of the property of R. J. Baker, lying this sid t Gurtx" ranch, tne acquirement or convevanoe har nt been recorded. Edward Link-field, formerly Circuit JiKixe In this district and now a prac ticing attorney in Tortland, has also been retained as l'gal counselor by Tohy Bros., and reached here tonight. It is expected there will be some sort of kgai action tomorrow. Porter Bro have on the way lflrt light rails and 39 rock ties for tunnel and cut construction. PORTER BROS. ARE CHECKED Harriman Agent Slips Into Canyon and Buys Right of Way. Porter Bros., the rival contractors who are operating In opposition to the Har riman Interests In the Deschutes canyon, do not have a monopoly when It comes to acquiring the right-of-way across advan tageous tracts of land included in the routs of the contesting railroad inter ests. The fact leaked out in this city, yester day that J. B. Eddy, one of Harriman's right-of-way agents, ran around Porter Bros, on the Deschutes Rtver and bought a farm, the possession of which will hin der forter cros. m hbjwh6 v stream. The purchase made by Eddy ts reported to Include one of the strategic points covered by the proposed route of Porter Bros. Porter Bros., however, are not relax ing In their activities. Before John D. Porter, a member of this firm, left Port land yesterday, he arranged for for warding to the scene of railroad activi ties several carloads of additional sup plies and equipment, together with nearly 100 more workmen who will Join the OREGOX CITT BAPTISTS SE CURE NEW PASTOR. Rev. S. A. Hay north, of Delta, Colo. OREGON CITT. Or., July 30. (Special.) Rev. S. A. Hayworth was last night chosen pastor of the First Baptist Church, to suc ceed Rev. John M. Linden, who resigned three weeks ag- to Join Rev. "Billy" uundajr, the well known evangelist. Mr. Hay worth will arrive here August 29, from Delta, Colo., where he has been forced to give up his work on account of the high al titude there. He has added Im provements to the value of J6000 to the Delta Church, and while he was at Fargo, N. D., he built a $25,000 church. Mr. Hayworth has a wife, but no ch-.dren. He is 35 years old. and a graduate of Chicago Uni versity. He is said to be very popular In church and fraternal circles where he has been, and was recommended highly by his predecessor. Rev. Mr. Linden, who knew him personally. Oregon Trunk camps in an effort to shut Harriman out of the canyon. GIRLS WOULD SEE WORLD Portland Misses Get as Far as Van couver Police Station. VANCOUVER, Wash., July 30. (Spe cial.) Two runaway girls who said that they were from Portland were ar rested late last night In the Ferry Ho tel and taken to the police station. Both of them had a small amount of money when taken Into custody, and said they had left their homes to go first to the fair at Seattle and later to see the world. ' First they told the police they were Irene Lee. 15 years old, of 822 Twenty fourth ' street, and Haxel Rogers, of East Twenty-sixth street. The Vancou ver police asked Portland officials to communicate with the girls' parents and see what they wanted done. Later the Portland police reported that the names and addresses were "phony" and the girls then said they were Lenna Shipp. of 844 East Thirty-third street, and Hazel Shrake. of 1351 East Divis ion avenue. No people of these names appear in the Portland directory, so the girls are still being held by the local police. TROLLEY MERGER MADE Walla Walla Traction Company Is Secured by Northwestern. WALLA WALLA. Wash., July 30. (Special.) Authorizing a transfer of stock of the Northwestern Gas & Elec tric Company and the Walla Walla Valley Traction Company to the North western corporation, a meeting of the stockholders of the two former organi sations was held today perfecting this arrangement. President I. W. Anderson, of Tacoma, ratified the Idea and made announce ment that in the future the operations of both the Northwestern Gas & Elec tric and the Walla Walla Valley Trac tion Companies would be controlled by the corporation which now owns 12 electric stations In the states of Wash ington and Oregon, in addition to sev eral traction lines. No additional Improvements besides the ones already being made are con templated at the present time, but the system, as a whole, will be perfected. WISCONSIN NOT SATISFIED Officescekers Find Disadvantage in Listing of Names on Ballot. SALEM. Or, July 30. (Special.) N. P Haugen. ex-memher of Congress from the Ninth District of Wisconsin. ex Railroad Commissioner of that state and at present Tax Commissioner, called at the Statehouse this morning on his way to Southern Oregon for a fishing trip. He was accompanied by Judge A. G. Zimmerman.- of the Dane County (Wisconsin) County Court. Mr. Haugen. In discussing the pri mary law In Wisconsin, said that It is a failure In one respect, viz.. that It re quires the arrangement of candidates' names In alphabetical order and that the first candidates on the ballot always poll the largest vote. SUSPECT IS BOUND OVER Salem Man Accused of Attempted Hold-up Will Fight Charge. SALEM. Or July 30. (Special.) L. - . ..ii ...... . .4 nf hnlrilnc itn -T .1. McDonald on the Liberty road, south of the city, the first of the week, was given a preliminary pearing in Munici pal Court this afternoon and bound over to the Circuit Court for trial. While the officers claim that Arstell admitted his guilt when first arrested, he now declares that he is Innocent. He has retained Attorney P. H. D'Arcy and will fight lor bis freedom. BEGUN TO DEBAR DE WOLFE State Association Will Also Take Action Against ex Judge Root. TACOMA MAN IS DEFIANT Asserts He Will Fight Case to Su preme Court Bar Association Selects Bellinghani for the Xext Meeting Place. ABERDEEN, Wash., July 30. (Spe cial.) Action to clear up the scandals attaching to the courts of the state, es pecially to clear away the charges made against the Supreme Court, was taken at the meeting this morning of the State Bar Association when the re port of the grievance committee of the association, recommending the appoint ment of a committee of three to Insti tute disbarment proceedings against Attorney Herbert N. DeWolfe, of Taco ma, whose charges against the court resulted In an investigation by a leg islative committee, was adopted. A resolution was also passed ordering the Institution of disbarment proceedings against Milo A. Root, of Seattle, ex Judge of the Supreme Court, who was forced to retire by reason of scandals attaching to his conduct on the bench. Bryan's Charges Delayed. The charges preferred by State Sen ator J. W. Bryan, of Bremerton, against Judge B. Yakey, of the Superior Court of Kitsap County,- in which Bryan charges that Yakey travels on a pass and that his expense accounts are Ir regular, were referred to the grievance committee for Investigation. Action In the case of Judge M. J. Gordon, of Spokane, ex-counsel for the Great Northern, under Indictment on a charge of embezzlement from the rail road, was deferred pending tne out come of the trial. Should conviction be secured, disbarment proceedings will be instituted. Disbarment of DeWolfe will be withheld until the report of the legislative committee on his charges has been made. Action In these Instances followed the report of the grievance committee In which DeWolfe's charges are pro nounced "without a shadow of founda tion," and the lawyer himself Is de clared "unfit longer to practice law. Robinson's Charges Pending. The quarrel between Bryan on the one hand and State Senator R. F. Booth, of Seattle, and Judge Yakey on the other, is referred to the associa tion by the committee. The squabble grows out of the last primary campaign in which Bryan was a candidate for the State Senate and had Its origin In a statement said to have been made by Yakey to Booth that Yakey held facts sufficient to warrant disbarment proceedings against Bryan. Bryan was dissatisfied with the report of the committee and submitted charges to the association against Y'akey on which Yakey's disbarment Is asked. At the afternoon session. S. R. Stera, of Spokane, Introduced a resolution which was adopted providing that charges against ex-Judge Root and Judge H. D. Crow, said to have been made by Judge J. W. Robinson, of Olympla, of the Supreme Court, be pre sented to the grievance committee and "be either proved or forever silenced." Meet Xext at Bellingham. BelMngham was chosen as the next place of meeting. C. C. Gose, of Walla Walla, brother of Judge M. F. Gose, of the Supreme Court was elected presi dent; C. Will Shaffer, of Olympla. was re-elected secretary: and Arthur Rem ington, of Olympia, treasurer. C. E. Shepard. of Seattle, W. V. Tan ner, of Olympla, and Walter Christian, of Tacoma. were named by the presi dent as delegates from the State Bar Association to the next meeting of the National Bar Association, which will be held in Detroit during the latter part of August. In an interview Just before leaving for his home in Tacoma this afternoon, DeWolfe said that he would tight dis barment proceedings to the United States Supreme Court. If necessary. MAN'S DEATH MYSTERY Kittrell's Friends at Montesano Re fuse to Believe He Is Suicide. MONTESANO. Wash., Judy 30. (Spe clal.l The mystery surrounding the death of William Kittrell, whose body was found last week some miles below here In the Chehalls River, is still unsolved. The Sheriff and the Coroner have both pro nounced it case of suicide and have stated facts bearing out their side of the case, but there are friends of the deceased who decline to accept this theory and who still declare that he was murdered. Kittrell was a member of Montesano Aerie No. 363. F. O. E, and at a meeting a few days ago a committee was ap pointed to make a thorough Investiga tion of the circumstances surrounding his death. , r v .... ' -XJ v . rvT-'V.- :,. i llitiihil' i imi J "CLEANLINESS" Is the watchword for health and vigor, comfort and beauty. Mankind is learn ing not only the necessity but the lux ury of cleanliness. SAPOLIO, which has wrought such changes in the home, announces her sister triumph HAND SAPOLIO FOR TOILET AND BATH. A special soap, which energizes the whole body, starts the circulation and leaves an exhilarating glow. All gro cers and druggist!. ACTION tflfiiTr- Leaves the Jefferson-Street Depot This Morning at 8 o'Glock. $1.50 for the Round Trip. Going With Us? olumbia Trust Com Board of Trade Building c WILL CONTEST LOST Mrs. Mabel Warner Loses Right to $50,000 Estate. FOURTH WILL NOT FILED Judge Gilliland Holds That Myster ious Document Was Never Probat ed Contestant's Counsel In sists Appeal Will Be Taken. PENDLETON, Or., July 30. (Special.) Mrs. Mabel Warner has again lost out In the battle which she has been waging in the courts of Umatilla County for more than three years for possession of the $50,000 estate of the late James W. Young, of Weston. The latest blow was suffered this afternoon, when County Judge Gilliland held that the "fourth" mysterious will to the estate, was not en titled to be admitted to probate. Though :he findings of fact have not yet been signed, this afternoon's decision means one or both of two things. He A NOTE OF THANKS With the close of today's business we also close the first six months of our eleventh year in business At the same- time we close the most remarkable sale of brand new pianos in our entire history, ParKaDie in the number of instruments sold and also in the quickness with which all the pianos included m the sale were taken. . , , . , , July, usually our most "quiet" month, will go into our records as the third greatest month m point 01 sales ever recorded upon our books. - v,ectnwpri We desire to return sincerest thanks to our friends and patrons for the confidence that has been bestowed upon us during this sale. We desire to express our high appreciation for the spontaneous and hearty co-operation with us in our successful endeavors to sell high-class pianos at lowest possible prices. We promise in our advertising that everything connected with the Eilers houses shall be found exactly as represented, and the enormous July record again demonstrates our good faith. There was scarcely a day when less than a dozen of pianos were sold here. Last Monday we actually sola 31 new pianos. No mere advertising could have accomplished such magnificent results. We JJJ2w measure of confidence that was bestowed upon us in this matter, and we assure every buyer-big or little tnat this confidence shall never be abused. . n mm We have never been identified with the sale of so-called cheap or low-grade pianos, and we never will, l ne name of Eilers Piano House has always been, and always will be, a synonym for highest quality at lowest price. We not only aim to furnish the best of everything, but we aim to furnish everything at the lowest possible living price prices greatly lower than obtainable elsewhere for same grade and quality. The great business of the Eilers houses, greater than the total of all other houses combined-has been built upon the above as one of its cardinal principles. No misrepresentation is ever permitted here. The same price, and that the very lowest, is given to all alike. No more is asked, no less accepted. A child here buys as advan tageously as does the shrewdest of shoppers. No effort ever is spared here to see that every patron of ours is absolutely satisfied. Again we desire to express our gratitude for the co-operation on the part of our many thousands of pa-tronshereabouts-those who have bought their pianos from us in the past years and those who so quickly responded to our recent splendid offering, which will end some time during today. . PThere are less than a half dozen of splendid brand new pianos at 13S, ?146 and ?169 left. There are also some eieht or nine slightly used pianos in our Piano Exchange and Bargain Room for those who may also some eignt s . q new ones . - is n. Pi so. her for S95 in verv eood order; there is a Ham If You Did Noi Read Our Former Advertisements, the Following Will Prove of Interest: We found two well-known piano manufacturers with a large stock of finished pianos. They were terribly anxious to realize. We secured these latest high-grade pianos at a most extraordi nary reduction. We pass this advantage along to wide-awake midsummer buyers. Bear in mind, we guarantee every instrument as to quality and also as to price. Your money back If at any time within six months you can buy the same grade of pianos elsewhere, East or West, at anywhere near such low price. Should you later on want the best in the world, the Chicker ing or the Kimball, or that beautiful art piano, the Weber, or the Pianola Piano, we will any time within two years allow total price paid for these pianos in exchange toward the former. SPECIAL TRAIN TO Ske?. . -ia a ssr Hi fe Bk test has either found that the will is a for gery, that it was never executed or that It was both forged and never executed. The findings of fact will probably be sub mitted to the judge and signed by him tomorrow. Attorney Douglass W. Bailey, repre senting Mrs. Warner, stated this eve ning that he would serve notice of ap peal tomorrow, and that he would rush the appeal as rapidly as possible. He declared that this was no more than they expected, that they considered the hear ing In the County Court merely prelim inary and that they would make their real fight In the Circuit Court. The document which Judge Gilliland refused to admit to probate was the one which Mrs. Warner alleged came through the mail to her from Walla Walla last December. It purports to give practically all of the Young estate to Mrs. Warner and Immediately after offering It for probate she seized and forcibly took possession of the valuable wheat ranch belonging to the Young estate and located In the Northern part of the county. She has now been In pos session of this farm for several months, but will Immediately be forced by the contesting heirs to surrender possession. The decision seems to have been what was generally expected, but It was not expected so soon. Farmer Finds Gold In Well. VANCOUVER. Wash., July 30. (Spe cial.) While digging a well on the Teal farm, east of the city, H. C. Teal noticed that the sand glistened, so he had some of it assayed and It showed .04 of an ounce of gold to the ton, or 82 cents a ton. 1 Harris Trunk Co. for trunks and bags, tlon Flynn held with Charles latiianc. oy vena. .iWWtffTCHff -f GIRL FOUND ON SLOUGH NEW PHASE DEVELOPS CUVKEAU MYSTERY. IN Doubt Cast on Flynn's Statement That He Swam With Girl for Long Distance. TACOMA, Wash., July 30. (Special.) Suspicion that John Flynn has not told the entire truth In regard to the drown ing of Margaret Cuvreau in Commence ment Bay Sunday evening, still lingers with the police authorities, and today several detectives visited the scene of drowning In an effort to gain some clew. Flynn was taken along and re-enacted the drowning for the benefit of the officers. Investigation goes to show that at the time and place of Miss Cuvreau s drown ing there was neither water enough nor sea. enough to capsize a boat or drown its occupants, whereas the young man states emphatically that there was con siderable sea running, that his boat be came filled with water, and that he swam a distance of two blocks to the shore with the girl. Deputy Prosecutor Ralph Woods and Deputy Sheriff Peter Stenso talked with "Dad" Adams and with some of the campers who were present at the time Miss Cuvreau's body was brought back, rrtv.,.., .atnAi4 . vltn.M tn s. conversa- tlon Flynn held with Charles LaBlanc ilton, exactly like new, for $138; there is a superb Decker for ?180 bring $5 for a first payment down and pay the balance as best suits your convenience. An extraor dinary and altogether unusual discount of 4 per cent to those who wish to pay all cash. Come today or this evening. pi&norc . . ... . a , - 353 Washington St., at Park (8th) St. The Home of Highest Grade Pianos. pany the young man who assisted In carrying the body. "You will have to tell a straight story about this." said LaBlanc and Flynn is said to have answered: "Well, leave It to me to tell -a straight story." Assistant Prosecutor Woods says that as yet there is not sufficient evidence to issue a complaint against Flynn, but that he had by no means dropped the case. "I expect to get several facta that we-e not brought out at the Inquest," said the prosecutor. "It looks very sus picious now." WATER SYSTEM FAVORED Newport Almost Unanimous for Is suing Municipal Bonds. NEWPORT. Or., July 30. (Special.) At a special city election here today to amend the charter for authorizing the City Council to issue J30.000 bonds for a gravity water system the vote was al most unanimous, only four being cast against it. Good water from a mountain stream has already been secured by city authorities at distance of less than four miles, and can be brought In at an es timated cost of $25,000. Alabama for Income Tax. MONTGOMERY, Ala.. July 30.-Both houses of the Legislature reported favor ably the National Income tax amend ment. Says I to myself. The3 Rex Dental Co.. Ablngton Bldg. Is the place to go. Says l. J