THE MORyiyG PREGOyiAX, SATURDAY, JULY 31, 1909.
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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. ,
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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