THE MORNING OREGOXIAN, THURSDAY, AUGUST 12, 1909.
10
DESCHUTES SUIT
STEEL BRIDGE THAT WILL BE ERECTED BY THE 0. R. & N. ACROSS THE WILLAMETTE AT PORTLAND, AT C0ST OF $1,300,000.
THE
EQUIPMENT OF
MR. LOWNSDALE'S
BIG ORCHARD IS
VALUABLE
IS
Twohy Bros.' Action Against
Oregon Trunk Sent to
Federal Court.
TRANSFERRED
WILL BE FOUGHT OUT HERE
Injunction Proceedings Brought by
Harriman Contractors at The
Dalles Will Be Heard Be
fore Judge Wolverton.
Responding to the request of Carey &
K-rr. attorneys for Porter Bros., Circuit
Judsre Bradshaw. of The Dalles. yester
day transferred to the United States
C ourt In this city the Injunction suit filed
In Wuro County several days alto by
the Harrlman forces ajralnst the Oregon
Trunk. This proceeding was brought by
Twohy Bros.. Harrlman contractors, for
the purpose of restraining Porter Bros,
from all operations for a distance of about
seven miles in the Horseshoe Bend dis
trict, where the surveys of the rival
roids conflict. The suit was transferred
to the Federal Court, where It may be
more expeditionsly disposed of and at the
same time better serve the convenience
of the litigants and their attorneys.
This suit has no connection with the
Injunction proceeding filed in this city
Monday by the Oregon Trunk against the
Harriman interests. It relates to a dis
puted right of way for a distance of about
seven and one-half miles in the first 40
miles of the proposed railroads up the
Deschutes. The attempt of the Harrlman
officials to oust the Porters from this dis
puted grourid will be resisted vigorously
, by the Oregon Trunk. It Insists that It
has an equal right to the property In
volved. The maps of survey of both com
panies for the first section of 40 miles
were approved on the same day by the
Secretary of the Interior, and It Is on
this fact that the Porters will insist on
an equal right to the possession of the
premises.
Arguments Being Prepared.
Opposing counsel are preparing for
argument in the Injunction of the Ore
gon Trunk against the Deschutes Rail
road Company, Harrlman's extension
Into Central Oregon, which will be argued
before United States Judge Wolverton to
morrow. This prom-see to be one of the
most notable legal battles ever witnessed
between two rival railroad Interests. The
situation is regardf;d to have passed a
point where a compromise Is possible and
a fight to the finish Is looked for. The
argument on the motion to dissolve the In
junction promises to be exhaustive and
will probably take more than one day.
In the meantime, representatives of the
rival companies report that they are con
tinuing their activities In the Deschutes
Canyon. Work has been abandoned only
at the conflicting points covered In the
two injunction suits and from which the
rival companies are enjoined. "While the
suit of the Oregon Trunk against the
Harrlman road temporarily prohibits the
Harrlman forces from trespassing on the
right of way of the Oregon Trunk for
the southerly ISO miles of Its purvey,
Twohy Bros, are really prohibited from
carrying on their operations only for
about 11 miles in the entire GO miles.
This Is due to the fact that It Is only
tor a distance of about 12 miles that the
two surveys conflict. With that excep
tion the surveys do not conflict and there
Is nothing to prevent the Twohy Bros,
forces from working on the remaining 40
miles so long as they do not trespass
upon the Oregon Trunk survey.
Xo Cessation, Say Both Sides.
It Is denied by the Harrlman repre
sentatives that any cessation has resulted
In their operations from the filing of the
Injunction suit, with the exception that
ther are not attempting to do any -work
where tle re is a conflict between the
two surveys.
'Porter Bros, are continuing their
operations zealously. save for about
seven miles In the Horseshoe Bend die
trim from which they have been enjoined
temporarily." raid C. H. Carey, of coun
sel for the Oregon Trunk, yesterday. "For
the present, the principal part of their
work consists of building wagonroads
down to the river over which supplies
and equipment may be taken. ("amp
sites have been selected and established
and accommodations provided for 5000
laborers and before the end of another
wek we expect to have fully that many
men on the ground. At the rate Porter
Bros, are Increasing their construction
crews. they will have fully 3o men In'
their employ before tlie close of the
present week."
OREGON TlirXK I.IXE PROTESTS
Wants Harrlman Road on Opposite
Side of Canyon.
ORRC.OJTIAX NEWS BTREAT", Wash
ington. Aug. 11. The General Land Of
fice today received the protest of the
Oregon Trunk Line against the approval
of mans of section 4 of the Harriman
railroad right of way along the Deschutes
River.
It Is alleged that in the 2.1 miles cov
ered by this section railroads will not
pass through any canyon, such as con
templated by the provisions of the act
of Marrh 8. 1K75. and therefore there Is
rot sufficient ground for granting the
Harriman line the privilege of- building
on the Oregon Trunk right of way. It
la suggested that Mr. Harrlman be re
quired to build this section of his line
on the opposite side of the Deschutes
River.
The . Harrlman road will be given an
opportunity to answer the protest of the
Oregon Trunk before any action is taken
by the department. Before determining
whether or not the protest shall be heed
ed, the Land Office will make Inquiry to
determine whether or not there are nar
row canyons In section 4 of the road, and
Its derision. It Is said, will largely depend
upon the nature of the country traversed,
by this 23 miles of right of way. No in
timation is given as to when action can
be expected.
The Oregon Trunk has not yet made
any showing with respect to maps of sec
tions 1 and t of the Harrlman right of
way.
Injunction Bearing Postponed.
THB Or.. Aug. 11. (Special.)
The hearing of the proceedings for an
Injunction filed In the Circuit Court here
Monday by attorneys of the Deschutes
Railroad Company against the Oregon
Trunk Lrne, Porter Bros., et al., which
was to come up before Judge W. L. Brad
ehaw at t o'clock this afternoon, was
postponed until September 1 by agreement
of opposing counsel.
If you are not satisfied after using
according to directions two-thirds of a
bottle of Chamberlaln"s Stomach and
l.iver Tablets, you can have your money
back. The tablets cleanse and invigor
ate the stomach, improve the digestion,
regulate the bowels. Give tbem a trial
and set well. .
J ZZOfsor U.tt Span
T ' t A 7 9 r
1 ffl ' tr I.
i
- sr - , - 1 " ' I i ... i . i rw-ex r-n . . ' . ... ggT'-oo- ,.
VIADUCT WILI. BE ALMOST TWICE AS WIDE AS PRESENT RAILROAD STRICTURE, AND
The accompanying illustration gives an idea of the new steel bridge which the Oregon Railroad & Navigation
to Oregon streets In this city It will be a double-decker structure 1100 feet long, including the approaches.
opening 205 leet for passing steamboats. The lift span is located In the center of the bridge and the lower deck
lion, can be raised to a height
k .teror. r.hii.. anH
the width of the old steel bridge
the Port of Portland and the War
Y WILL ATTEND
National Undertakers to Meet
Soon in Portland.
PLANS ARE NOW COMPLETE
Oregon and Washington
Directors Will Join in
Funeral
Enter-
taining Delegates From
Other States.
During the latter part of September and
the first part of October Portland will be
the scene of the greatest gathering of
funeral directors ever held in this coun
try. It will be the occasion of the an
nual convention of the National Funeral
Directors' Association, In conjunction
with which the annual convention of the
Oregon State Funeral Directors' Asso
ciation and that of the Washington State
Funeral Directors' Association will be
held.
Final arrangements were completed
yesterday for the gatherings and pro
grammes for the conventions and the
entertainment of the delegates were out
lined. September 28. 29 and 30. and Octo
ber 1 and 2 are the dates which have
been set for the three conventions. The
two state conventions w-111 be held In
Joint session on September 28, in the
Knights of Ps-thias hall, while the four
remaining days will be given over to the
National body, the meetings of which
will occur In the Masonic Temple.
It will be the . first time the National
convention has been held on the Pacific
Coast. Portland was selected as the re
sult of efforts made by the members of
the Orogon State Funeral Directors" As
sociation, chief among whom are E. B.
Erlceon. president; Arthur 1 Flnley,
secretary, and M. A. Rader. of Pendle
ton, Or., and a N. Wllkins. of Corvallls,
Or., both former officers of the associa
tion. The delegates to the National conven
tion will represent every state and. Inas
much as many of the members have
never been West, It has been arranged
for the delegates' families to accompany
them. It is estimated that nearly a
thousand people will attend. The dele
gates will meet In Chicago, where, ac
cording to a letter received yesterday
from National Secretary Kllpatrick, of
Elmwood. 111., thpy will board a number
of special trains for this city.
The route taken will be via the Chi
cago. Milwaukee A St. Paul, the Canadian
Pacific and the Northern Pacific, allow
ing a three days stopover in Seattle to
enable ,a visit to the Exposition. The
return trip will be made via California
end the Grand Canyon of the Colorado.
In addition to the three conventions the
funeral directors of Idaho, who have not
yet organlied, and many from California
will attend the meetings. Numerous
features of entertainment have been
planned, among which is a daylight ride
up the Columbia River. '
Elaborate preparations have been made
tor the national meeting, which will be
welcomed to Portland by an address by
Mayor Simon. There will aleo be an ad
dress by President Wetherbee, of the
Commercial Club. A banquet at the Com
mercial Club, a salmon dinner at Collins
Hot Springs and several other sight
seeing trips In and around Portland will
be provided by the local members of the
association, who will be helped In en
tertainment expense by the members from
Washington.
The complete programme for the Na
tional body is as follows:
September 29 Call to order. Presiflent
Farley. Battle Creek, Mich.; Invocation. Rev.
J. Whitcomb Brougher, Portland; appoint
ment of committees on credentials; music,
Rrwi city Quartet; address of welcome.
Mayor Simon; response, A. Elckelburg. New
York City; music. Rose City Quartet; roll
call of state aaeoelations; report of execu
tive commute; annual message, president
Farley: report of secretary. H. M Kilpat
rtek. Elmwood. 111.; communications re
ceived: music. Rose City Quartet; report of
committee "n credentials.
Afternoon session Appointment of com
mittees: address. "Western Rivers and
Mountains." Dr. J. R. Wetherbee. president
Portland commercial Club; address, "The
Professional Side." Kenyort Warren. Pasa
dena. Cftl.; address, "Oregon Undertakers,"
rr. R. C. Tenner, secretary Oregon State
peard of Health; address. "Undertakers As
sociations Considered Historically. Benefi
cially and Prophetically." George L Thomai
Milwaukee. Wis ; miscellaneous business.
Evening session Conference on state as
sociation tnterests: addresses by state as
sociation secretaries and others
September 80 Steamboat trip up ths Co
of 12 reet above low water, wnicn is sumcieni 10 eimuie an nvci a,i i"-
n.d e , r la n . Rv eiev.-ittntr both decks,
which it will replace. The cost of the structure will be about f i, 300,000.
Department, to which they have been submitted.
lumbia River, leaving Washington-street
dock at 8 A. M., arriving at Collins Hot
Springs st 12:30 P. M. Leave Springs at 2
P. M.. arriving at Portland at 6:30 P. M.
October 1 Reports of committees on
organization, legislation, constitution and
bylaws, transportation rules, scientific re
search, sea burials. Federal legislation, rules
jf transportation of dead bodies Into
Canada, rules of transportation of dead
bodies into Mexico, education, and a special
committee from New Tork City; report of
representatives to the meeting of the Ameri
can Association of General Baggage Agents,
L. M. Penwell, Topeka. Kan.; report of rep
resentative to the Conference of State and
Provincial Boards of Health, William J.
Phillips. Albany. N. T.
Afternoon session Reading of the written
reports of delegates from the several state
associations; address, George W. Lunt. San
Francisco; address. Rev. Benjamin Young,
Portland: miscellaneous business.
October 2 Reports of special committees;
report of committee on finance; report of
treasurer. Charles A. Miller. Cincinnati.
O. ; election of officers; selection of next
place of meeting; Inauguration of officers;
nmmerT
"Polly of the Circus" at Bungalow Tonight.
Beginning tonight at 8:1S o'clock and con
tinuing tomorrow ana naiuLuaj iukui., ...w.
a special matinee Saturday; the attraction
at the Bungalow Theater. Twelfth and Mor
rison streets, will bo Frederic Thompson's
magnlfU-ent production of Margaret Mayo'a
beautiful play. "Polly of the Circus." Port
land theatergoers are promised a delightful
treat In this Interesting drama. Seats are
now selling for engagement at theater.
Souvenir Matinee Saturday.
Saturday matinee. August 14, will be chil
dren's day at the Orpheum, when the tots
will have the opportunity of seeing the
beautiful sketch. "Jack the Giant Killer,
presented by the famous Captain George
Auiter and company. After the matinee a
reception will be held upon the stage and
all present can meet the giant and his llt
te partner. Ernest Rommel. Souvenirs will
be given away.
Camp Rest at Pantagea.
Scenlcallv. "At Camp Rest." the comedy
sketch presented at Pantages this week by
Carter. Tavlor and company, is one of the
finest In vaudeville. With witty lines, clever
actors In the cast, it is a 15-mlnute scream
from start to finish.
Three Supple Sisters.
Thr uppl slaters are Les Poletx Lar
ellas. th headlJners at tb Grand. These
girls from France are expert contortionists
who do not t-xhiblt the usual bending spe
cialties, but do their twisting In their acro
Letic and balancing feats. They have one
of the greatest contortion acts on the stance.
This Is their fifth week In the United States.
Portland's Crownlns; Glory the Oaks.
Portland has to Its credit almost perfect
residential districts and matchless environ
ments, making a tour of the city an ex
perience long to be remembered. Its busi
ness district furnishes an object lesson to
visitors they are quick to appreciate, but
one of the crowning glories of the city Is
the mannlflcent pleasure park at the Oaks.
Don't miss iu
Fight Picture Tonight.
Th motion pictures of th great Ketchel-
Papke fistic Dame win oe on exniDinon bi
the Lvric tonight, Friday and Saturday,
with matinees the last two days at 2:30
o'clock. The films are declared the best
ever shown. There will be exhibitions each
night at 8 and 9:15 o'clock.
Pictures at Star Theater.
The new show at the Star Is an excellent
one. Last night on the stage an Impnes
slnn of Ion Fulano's tooth was taken for
the gold crown that will be put tn the
horse's mouth next Friday night. "The
Coward." a strong drama. Is a novelty as
well as a beautiful picture. "The Cyclist s
Horn." a screaming farco. Is thoroughly en
Joyed. COMING ATTRACTIONS.
Orpheum xt Week.
nvmm-i and Mclntvre are a pair of
clever artists coming to the Orpheum next j
week in a clever comedy sketch called l ne
Quakeress," The offering Is fuI of bright
witticisms, simple humor and clever songs
and It Is said to be one of the distinct vaude
ville delicacies of the season.
Mary Hampton at Pantages.
A delightful comedy satire In which Miss
Mary Hampton & Co. appear, will be one of
the feature on Pantages programme next
week. The comedy. "The Melodrama," Is
by that peer of Western writers, Edmund
Day. and Miss Hampton Is well known In
Portland, having appeared here several times
at the head of her company.
Sensational Cyclinr.
The three Roehra will head the new pro
gramme at the Grand next week in thctr sen
sational cvcltng act. One of the Roehrs
rides upside down on a revolving apparatus,
keeping this position by sheer strength and
speed. This 1 a cycling novelty which has
never before been seen on the Pacific Coast.
Llb-eraU's Band at the Oaks.
1,-HSerati and his famous band of musical
artists have been secured by the Oaks man
agement for two concerts to be given next
Sunday, at 2:30 P. M. and In the evening at
8:15. The name of Llberatl Is one to con
jure by. for he Is In the foremost rank of
the world's greatest cornet sololstsj In fact.
tal.es first place.
Dramatic Season Opening.
The regular dramatic stock season opens
at the Lvric Sunday matinee, when the pop
ular Athon Stock Company will present as an
ot-'nirg bill 'Doris." the drama with a moral
greater than a sermon. Prlscllla Knowles
mill be seen tn the title role. Season seat
ale opens ea Thursday at 10 o'clock.
Amusements
W ast the mas AcsMs I
vessels to a height of 1 feet can pass
Work
TO PASS Of. PLANS
Port of Portland Will Consider
0. R. & N. Bridge Today.
APPROVAL IS LOOKED FOR
Franchise, Which Provides for Rent
ing of Upper Deck to City or
County, Also Will Be
Passed Upon.
Plans for the Oregon Railroad & Navi
gation Company's new n,300,00) steel
bridge will be considered by the Port of
Portland at a meeting this afternoon.
George W. Boeschke, chief engineer for
the Harrlman lines, has prepared the de
tailed plans of the structure, which must
be approved by the members of the Port
and by the War Department at Washing
ton before actual construction work . can
begin. Duplicate plans have been for
warded to the War Department for con
firmation. A few Bast Side property-owners have
filed a protest against the bridge with the
same officials, but the Harriman repre
f A P 'l L
ml , ' ywrsM
(Served with cracked ice, lemon and sugar to taste)
A delicious, cooling, hot weather bracer that is fast becoming the popular
American Summer drink.
Cqntains no stimulant, but is rich in the true rebuilding food elements which "re
lieve fatigue" in the natural way.
See how the old "go"
coffee and use Postum.
LIFT SPAN CAN BE RAISED TO HEIGHT OF 135 FEET.
Company proposes to construct across the Willamette River from Gllsan
It will be provided with a lift draw which, when raised, will present an
can be raised independently of the PP"-. The lower or railroad sec-
-
Beneath the structure. The bridge .win De
of construction will begin as soon as
sentatives feel confident that the detailed
plans for the bridge will In themselves
satisfactorily disprove the objections
which have been presented.
At a former meeting the Port approved
the change of location requested for the
new bridge. In addition to passing on'
the plane for the structure itself, the
Commissioners will also be called on to
consider the provisions of the franchise
regulating the construction, maintenance
and operation of the bridgf, which has
been submitted by the lega. department
of the Harrlman system.
This franchise authorizes the Railroad
Company to lease the upper deck of the
structura either to the city or to the
county, or to both, and to charge for Its
use a consideration equal to 6 per cent
of the actual cost of constructing the ad
ditional deck. If such a contract is not
executed with the city and county, the
grant permits the Railroad Company to
construct and maintain the upper deck
by charging tolls In an amount sufficient
to guarantee it 6 per cent on the cost of
building the second deck and a further
allowance of 5 per cent for deterioration.
MAN GETS ANOTHER'S CASH
Stevenson Veterinary Under Arrest
Charged With Forgery.
STEVENSON, Wash., Aug. 11. (Spe
cial.) Last July Tom McClaln, .a vet
erinary of this place, received through
the mall a letter addressed to J. A. Mc
Claln. Inclosed was a check drawn by
the Northern Pacific for J11.90. This Tom
McClaln proceeded to cash, and then left
town.
Sheriff Knox has been on his trail, and
todav located his man at The Dalles,
where he placed him under arrest. The
and ."feel good'
wet Mc&wgsgm
"There's a Reason
.. v..,T
is reel
wide, or nearly double
the plans have been approved by
prisoner was let out on bonds of $300.
J. A. McClaln Is an engineer In the em
ploy of the Northern Pacific, and the
check was In pay for work done.
HE WAS EXTRA WELCOME
And you will be too, if you take her a
box of Pearce's ideal nut puffs. Try it
tonight. Royal Bakery, corner Washing
ton and Park.
Church Is Growing Rapidly.
Rev. W, F. Reagor, pastor of the First
Christian Church, Park and Columbia
streets, reports that his church Is filled
to overflowing every Sunday, that great
progress is being made in the various
church activities, and that continued
growth Is expected. Large congregations
during the midsummer months are re
garded as a rather remarkable condi
tion, as many of the church members are
away on their Summer vacations. The
Sunday school and Christian Endeavor
departments of the church are reported
as especially prosperous. The Christian
Woman's Board of Missions and the Sis
terhood of the Discfples of Christ are also
doing active work.
Twas A Glorlona Victory.
There's rejoicing in Fedora, Tenn. A
man's life has been saved, and now Dr.
King's New Discovery is the talk of the
town for curing C. V. Pepper of deadly
lung hemorrhages. "I could not work
nor get about," he writes, "and the doc
tors did me no good, but, after using
Dr. King's New Discovery three weeks
I feel like a new man, and can do good
work again." For weak, sore or dis
eased lungs. Coughs and Colds, Hem
orrhages, Hay Fever, LaGrlppe, Asthma
or any Bronchial affection it stands
unrivaled. Price 60c. and $1.00. Trial
Bottle free. Sold and guaranteed by all
druggists.
comes back when you quit tea and
99
"Without an adequate ware
house, packing-house, spray
ing and cultivating equip
ment, a large orchard would
be worthless.
To provide all these arti
cles involves the expenditure
of a large sum of money.
Mr. Lownsdale has perfect
ed his equipment, and by his
consent, the LOWNSDALE
ORCHARD COMPANY re
ceives the free use of these
things.
All for the benefit of the
bondholders. This equipment
represents a considerable
portion of the total valuation
of the property, $294,750.
The purchase of only one
bond makes you a part owner
of this magnificent industry.
The more bonds you buy the
greater' part of the orchard
you own, and the more net
profit that accrues to you.
One bond may be had for
$100,. and as many more in
multiples of $100 as you feel
justified in carrying.
.Terms of payment, either
cash, in full or upon easy
mopthly payments.
Literature describing or
chard and bond issue sent
free.
THE JAC0BS-ST1NE
COMPANY
Fiscal Agents,
146 Fifth Street,
Portland, Oregon.
L
AUGUST 15, 1909
3000-acre tract placed
on the market. Thirty-eight
miles from
Portland. One and
one-half miles from
railroad station and
boat landing on Co
lumbia River. Tracts
of 20 acres and up.
Excellent fruit and
vegetable land. Prices
$20 to $40 per acre.
Easy terms.
Phone Main 6659.
INVESTMENT COMPANY
1018 Board of Trade,
Portland, Oregon.
HAND
SAPOLIO
Is especially valuable during the Sum
mer season, when outdoor occupations
and sports are most in order.
GRASS STAINS, MUD STAINS AND)
CALLOUS SPOTS
yield to It, and It Is particularly arrest
able when used In the bath after vio
lent exercise.
ALL. GROCERS AND DRUGGISTS.
FOR WOMEN ONLY
Dr. Sanderson's Compound
Savin and Cotton Root Pills,
and best only relinble rem
edy for FEMALE TROUBLES.
- Cure the mo.-it oDsunate cases
in 8 to 10 days. Frice Yi per dox, or
8 for 15; mailed In plain wrapper. Ad
dress T. J. PIERCE. 318 Allsky bldr..
Woodard, Clarke & Co.. 4th and Wash.
AD
OPEN HG