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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 20, 1909)
- THE 3IORXIXG OREGOXIAy, FRIDAY, AUGUST 20. 1909. 4 ASSERTHARRIMAN HAS NO RIGHTS Hill's Lawyers Consume All Day Attacking Deschutes Road's Standing. OBSTRUCTION IS CHARGED Legal Battle for Control of Valued Possessions In Central Oregon Territory Continued in Federal Court Many Affidavits. Fortified with more counter affidavits, counsel for the Oregon Trunk spent all day yesterday In the Federal Court de fending the legality of their incorpora tion and urging the sufficiency of their survey for the southerly 60 miles of their proposed railroad up the Deschutes River. Judge C. H. Carey concluded his argument for the Hill road Just before the noon recess, and was followed by his associate, J. B. Kerr, who spoke for three hours in the afternoon. Mr. Kerr will close this morning and will be fol lowed by W. W. Cotton, who will con clude the argument for the Deschutes Railroad, the Harrlman extension. Mr. Cotton said last nlfht that It would take him about two hours to complete the presentation of his aide of the con troversy. Harrlman as Obstructionist. Before concluding his argument yester day Judge Carey made the charge that the Harrlman people In-their occupancy of the Deschutes Canyon were obstruc tionists, doing everything in their power to impede the H!U forces In their opera tions. Counsel alleged that the attitude of the Harriman forces was such as not to Indicate any serious intention on their part of constructing a rallr.ad. but rather to retain control of the Deschutes Canyon and prevent the entrance into Central Oregon over that route by any other company. In substantiation of this direct charge Judge Carey submrtted an affidavit by Johnson Porter, who has charge of field construction work for Porter Bros.. In which Porter swore that Construction Engineer Brandon, of the Harriman lines, has told him that Brandon was not proceeding with any serious construction work, but was directing his activities to make such a showing that the Deschutes Railroad might control the right of way situation up the Deschutes River into Central Oregon, in his -affidavit Mr. Porter further deposed that the plans and specifications issued from the en gineering department .of the Harrlman line "did not contemplate a modern and efficient railroad, but rather what would amount to a logging road. Hare Practicable Surveys. Another affidavit was presented from T. C. Hanaford. engineer in charge of field work for Porter Bros., in which Hanaford swore that in checking up the old survey of the Oregon Trunk he had no trouble In following the line by the maps- flleiJ and approved. the grade stakes as a rule being found intact. Later in the day further affidavit by George B. Nelson, brother of W. F. Nel sbn. -original incorporator of the Oregon Trunk: c. I Smith, and C. B- Crosswell, chief engineer of the Spokane. Portland & Seattle Railway, were submitted, in which the general character of the sur vey by the Deschutes Railroad was at tacked as indefinite and insufficient In vital particulars. No Standing- In Court. Mr. Kerr, who followed Judge Carey, gave an exhaustive resume of the points raised by his associate in support of the contentions of the Oregon Trunk as to the sufficiency of its survey. Mr. Kerr in sfsted that the controversy Involved only a question of property rights and not an adjustment of the rights as between the two 'contending railroads. He reiterated the statement of his associate that the Oregon Trunk, by the approval of its maps of survey, covering the upper 60 miles, had acquired from the Government title in fee simple to a strip of land 200 feet wide and 60 miles in length. He asserted further that the Deschutes Rail road, which was without any standing in the court, was seeking to deprive the Hill road of its property rights despite the fact that the Harriman road did not undertake to make a survey of tho upper part of the Deschutes canyon until the Fall of 190S or three months after the maps of the Oregon Trunk had been ap proved by the Secretary of the Interior. He cited authorities and decisions to show that the Deschutes road possessed absolutely no title, priority of survey or priority of location to the 60 miles of disputed territory- Harriman Has. Xo "Rights." Mr. Kerr renewed the contention of the Hill people that no property rights are acquired to public land until maps of sur-ey are approved by the Interior De partment. For this reason, averred coun sel, the Harriman representatives were entirely without property rights for the reason that their maps bf survey had not been acted upon. Counsel insisted fur ther that the Secretary of the Interior, being constituted a special tribunal with Judicial powers concerning all matters relating to the disposition of public lands, his rulings are final and conclusive and cannot be annulled. It was contended by Mr. Kerr that the proceedings by which the Oregon Trunk had acquired Its survey were regular In every respect. If any fraud was practiced by the Oregon Trunk in obtaining an ap proval of its survey, said he. the fraud was not of such a character as to call for any Inquiry, particularly at the in stance of the Harriman people, who were strangers and trespassers having no privity ?ith the United States." Rooney 's Heirs Sne. Patrick Rooney. administrator of the eate of Fred J. Rooney. deceased, yes terday filed suit in the United States. Court against the Portland Railway, Light Power Company for JT50O dam ages. The plaintiff charges that young Roaney was struck and fatally injured by one of the defendant company's streetcars at Third and Main street. Au gust 27. 1W. It is alleged that the street car was traveling at the rate of about 12 miles an hour, in violation of the city ordinance, and that It was provided with defective brakes and fenders. TIGER CAUGHT WITH LIME Trapper With Rlngllng Circus Tells How Royal Bengal Was Snared. Probably the most difficult of all wlld-anlmal trapping is that of a well developed Bengal tiger. There is with Rlngling Brothers Circus, which ex hibits here next week, a trapper who recently returned from Calcutta with a consignment of Asiatic animals. He is a walking library of animal stories. His experiences In capturing tigers make an Interesting story. "I recall capturing an unusually fine specimen of the Royal Bengal with the use of bird lime," said the trapper to a reporter' the other day. "With my shikari assistants, we hung a quarter of fresh venison from the limb of a tree. Just high enough to make it impossible to reach. The ground be neath were covered with leaves and bird lime. Then we concealed our selves in a banyan tree. After several hours" waiting we heard a loud purr-r-r booming through the Jungle, and we saw a tiger coming out of the underbrush, his broad, whitish throat and beautiful coat shining in the sun light. He was crouching after the manner of the houBecat when making her approach to some unwary bird. His eyes appeared to flash fire as he bent them on the tempting venison, hanging Just above his reach.' ' He seemed nonplussed that he could not get at the meat. After a moment's pause he gathered up his long back and sprang high Into the air, but without success. Uttering an angry growl of disappointment, he made an other attempt.. All at once the great brute realized that something unusual L-had happened to his feet and legs. He raised his paws ana saw a 101 oi leaves sticking to them. "Showing signs of annoyance, he tried to rub the leaves away by pass ing hfs paws over his head and against his cheeks. He succeeded in getting most of the leaves off his feet, but they adhered to his head, ears and Jaws. These he attempted to remove by using his paws, but he only added more, by this time covering his eyes. Then -he tried rubbing his head along the ground, temporarily blinding him self. "By this time he had lost all patience and thought only of freeing, himself. Springing into the air, dashing himself against the trees, scraping with his huge paws, growling, howling ' and screaming, he finally exhausted himself and sank upon the ground. In this condition he was covered with meshes of strong netting and rolled Into a heavy iron-bound temporary cago. Today he is one of the finest specimens of the Royal Bengal in the big me nagerie of the Rlngllng Brothers' circus." LOOK FOR "DUFF' GANG POLICE BELIEVE NOTORIOUS CROWD IS HERE. Tip Received Frorri East That Pro fessional Crooks Are Working Way to Seattle Fair. ' The recent depredations committed in varldus parts of the city and which have tantalized the poltae, are assigned to the swarm of criminals who are known to be In Portland and who have swooped down upon the city from all parts of tho country. All day yester day, the police tolled in their efforts to locate the Duff gang of confidence men and bunco-workers. Under the leadership of Hugh Duff, a notorious crook, eight of the ilk are supposed to be here, preparatory, it Is believed, to moving northward and reaping a harvest at the exposition In Seattle. The cleverness with which the holdup of the Union-avenue saloon keeper was accomplished early Tuesday morning bore the earmarks of profes sionalism. This crime, the police claim, was perpetrated by a pair well versed In their vocation, and are supposed to be part of the gang of culprits which now infest the ctty. The police had a "hunch" previous to the coming of the Duff aggregation. Since the information was received from several of the cities of the Mid dle West last week, the detective bu reau in connection with the local de partment has been active. Owing to the fact that each of the Duff con tingent has a lengthy criminal pedi gree, consequently their "mugs" are kept as a precautionary adornment in the rogues' gallery, and it behooves them to give the local authorities a wide berth. It was learned from authoritative sources late yesterday that a member of the Duff gang was given a "quiet tip as to the Intention of the police to round the gang up. It is probable that himself and colleagues will not tarry longer here, and they will make an effort to put as much distance between themselves and the local police as pos sible. W. 0. W. WILL CELEBRATE Lodge to Make Merry Over Big In crease In Membership, v Jack Austin and J. F. Hoy, leaders of the Washington Woodmen of the World, will preside tonight at the W. O. W. Hall of the Multnomah Camp No. 77. 112 HE WILL, preside: AT w. o. w. MEETING. No-- . T V t . r.j-- Jack Austin. East Sixth street. In the exemplification of the Austin side-degree, said by mem bers of the W. O. W. order to be the best ever seen. Austin and Hoy and several oyier Spokane men. will arrive In Port land this afternoon. The occasion of the meeting tonight Is the celebration by the camp of the fact that it has secured more than 100 new members In the last few weeks. Increas ing its membership from 1300 to 1400. The banquet hall has been arranged to seat 600 and after the side degree is ex emplified, a feast will be served. Fined $50 for Assault, Andy Powell was fined J50 by Circuit Judge Gatens yesterday, having pleaded guilty to a charge of simple assault. The trouble occurred over a dog fight, Powell being knocked down and in turn strik ing Floyd P. Brown, his supposed as sailant, a blow which broke Brown's glasses and cut his eye.. Powell paid his fine at once. Today Is positively the last day for dis count on East Side gas bills. Read Gas Tips," I ' -; i ; . , -- .. . J . A 7 1 T TRAFFIC WAR-IS ON Hill, and Harriman Fight for Passenger Business. BETTER THROUGH SERVICE New TJnlon Pacific 89-Hour Train Between Chicago and Portland Forces Enemy to Reduce Running Time. Announcement that the Union Pacific next Sunday will begin the operation of an additional Portland-Chicago limited train on a 69-hour schedule promises to develop a Vigorous contest between the Hill and Harrlman systems for passen ger traffic between the East ana the Pa rific Northwest. Evidence of this Im pending struggle came yesterday when It was announced unofficially that the Hill sj-stem will meet any Improvement In service which may be inaugurated by the rival road and, possibly, go It one better. From this rivalry Portland will derive the double advantage or a reduction in the running time and an Improvement of the equipment of the trains of both sys tems. In order to meet the action of the Har rlman road In clipping three hours off its Portland -Chicago service, the Hill people threaten to effect the same saving by reducing the running time of its trains between Portland and Spokane to nine hours. If it becomes necessary, the Hill road will also reduce Its operating time between Spokane and St. Paul to tho extent at least that the new Harriman schedule may be equalled If not bettered. By cutting down the schedule ef the North Bank service between Portland and Spokane to nine hours, the Hill people will be able to equal the 69-hour Portland-. Chicago schedule which Is to be started by the Harrlman road. Hill Will Act Soon. A final decision by the Hill people In their determination to meet the Improved service by the Harriman road will prob ably -be reached next week when Howard" Elliott, president of the Northern Pacific, who Is now at Seattle, will return to Portland for a conference with Francis B. Clarke, president of the Spokane, Port land & Seattle Railway. It is said to be the Intention of the Hill road to place its proposed new schedule into effect as soon after the Harriman service is In augurated as it will be possible to re vise Its timecard. John M. Scott, assistant general pass enger agent for the Harriman lines, yes terday announced the changes In the schedule necessitated by the new through limited service. Under the new schedule, beginning Sunday, trains will leave Port land as follows: No. 12. 7:30 A. M., in stead of 8:10 A. M.; No. 8. 10 A. M.. fno change); No. 6. (new limited). 6:45 P.M.; No. 4. (Soo-Spokane). 7 - P. M.. (no change): N. 10. (new Salt Lake Express). 8PM These trains will arrive in Port land as follows: No. 9. (Salt Lake Ex press). 8:15 A. SI.; No. 5. (new limited). 8-30 A M.: No. 3. (Soo-Spokane), 9 A. M : No. 11. 6:30 P. M.; No. 7. 8 P. M., (no change.) . Harrlman People Reticent. While local Harriman officials will not discuse the subject, which they insist is being handled by the head traffic of ficials at Chicago, it Is learned that the operation of Union Pacific trains be tween Portland and Puget Sound points, under the Joint trackage agreement with the Northern- Pacific, has not been aban doned permanently. It was strongly suspected that the ac quisition of the Oregon Trunk by Hill, and his active opposition to Harriman in the Deschutes River battle, might have had the effect of defeating the consum mation of the Joint trackage agreement between the Union Pacific and the Northern Pacific. . It is understood, how ever, that the negotiations incident to that compact have progressed too far to prevent its practical operation. Announcement has been made of the award of the contract for double tracking the Northern Pacific between Kalama and Tacoma. Delay on the part of the Union Paciflo to Inaugurate its Portland-Seattle train service is understood to be due entirely to its inability to assemble the necessary equipment for that service. It is even In timated that the Harrlman road has sac rificed Its through service to Puget Sound temporarily In order to Install its spe cial through limited train between this city and Chicago. ' To Seattle September 1. It Is learned unofficially that an-extra effort will be made by the Union Pacific official? to start a preliminary service to the Sound, under its agreement with the Northern Pacific, on September 1. There is a possibility, however, that the service cannot be started that soon. It all depends on the ability of the system to assemble the required equipment, and If is possible that the service may not be installed before next Spring. At any rate, the assurance is given from an un official source that this service will be established eventually. The threatened battle between the two systems for passenger traffic between the East and the Pacific Northwest did not develop until after the Union Pa cific had contracted with the Northern Pacific for the Joint use of the latter company's track between ' Portland and Puget Sound, and for that reason will not serve to block the arrangement, which- is generally known to have been already concluded. Where Is John F. Stevens? .Neither John F. Stevens, personal rep resentative of J. J. Hill, nor his asso ciates here in Portland will confirm- the report that Stevens, early this week, vis ited the McKenzie Valley, in Lane Coun ty. It is known that Mr. Stevens was in Portland last Sunday, and he was in terviewed by newspaper men Tuesday. He was also In the city Wednesday and yesterday, so that If he visited Eugene at all it was on Monday. It is gener ally suspected that the purchase by Hill, through Stever.s, 'of a controlling Inter est In the Oregon Trunk Indicates his de termination not only to Invade Central Oregon, but to build eventually a-railroad to San Francisco, with lateral lines across Oregon. Coos Bay being one of his objective points within the state. His mission In visiting Eugene undoubtedly was to determine the feasibility of the McKenzie River as an outlet from Cen tral Oregon . for the construction of a road Into the Coos Bay country. The Willamette Valley Company, of which A. Welch is president, owns valuable water power sites along the McKenzie River and a right of way up the McKenzie Val ley. It would not be regarded surpris ing, if Hill really intends to build to Coos Bay, that his personal representa tive may even now be negotiating with the Welch Interests for their right of way in the McKenzie Valley. Ladies of Maccabees to Meet. Ladies of the Maccabees of Portland and vicinity" will hold a convention Tues day. August 24. in the I. O. O. F. Hall, at East Sixth and East Alder streets, when various matters of Importance to the order will be considered. Minnie San Francisco, Portland, Seattle. Agents for Guaranteed Hosiery for Men and Women. "Onyx" Hosiery, "Laurel" Hosiery. Dent Gloves, Reymer Gloves. ' (for slcvesahd umbrellas Specialists in Gloves, Umbrellas, Hosiery. Grand Clean-Up Sale FRIDAY AND SATURDAY. Gloves "Women's black silk Gloves; OCr 1C D T -. 41 nfl tralno- nnir. . . liru. j A ' '-'"i I' - - Women's 16-button length, Silk Lisle; black, white and colors; finest quaHty; $1.25 value; 49 C per pair. . .- Women's finest quality chamois; pique sewn; $1.25 value; 75 C pair " Women's finest chamois; tailored, outseam; pearl button; Qftr $1.50 values; pair UV Hosiery Women ' s fine silk lisle ; Mar shall Field & Co.'s make; black, tan, ca tawba, navy, old rose, reseda, gray, smoke, pink, sky, etc. 40c OC vals., pr. Women 's silk and finest plain lisle; all the new shades; Q values to. 75c; pair J1 Women's Everwear Hose; guaran teed for six months ; black d0 (( and tan; box of six pairs, Women's pure thread silk Hose; lisle foot; black and colors; $1.50 Qgc values ; pair ... vJ Umbrellas Women 's union taffeta Umbrellas ; latest directoire handles; C1 QC $3.00 values P A Men's "Hercules" 6torm-proof Um brellas ; latest style handle 1 C f 1 $2.25 value piJJ Lennon's Umbrella Hospital Ready for Fall Patients. Repairing and recovering in the in imitable Lennon's way. Best work, Prompt service. Most reasonable prices. '(FOR 6L0VESAND UMBRELLAS 309 Morrison St., Opposite Postoffice, Charles F. Berg, Manager. Aydelotte, supreme chaplain; Alice B. Locke, state commander of Colorado; Nel lie M. Lambson, state commander of Washington, and Alice Forges, state commander of Oregon, will be in attend ance. The morning and afternoon ses sions will be for members only. The public, however, will be admitted to the night session. CLUB TO SEND FRANK MULTNOMAH WRESTLER WILTj COMPETE IX. CALIFORNIA. Probably Only Winged M Athlete to Enter Games at Portola Festi val in October. Edgar Frank, the crack 125-pound wres tler of the Multnomah Club, Is to be given a chance to demonstrate his prow ess next Fall preparatory to his trip to Athens next May, when he will engage in the Olympic contests. Frank will wrestle In San Francisco in October at the Portola festival. Frank Watklns, chair man of the athletic committee at tTie M. A. A. C. says that In all probability Frank will be the only athlete sent from the Multnomah Club to the Portola fes tival. This festival, which In some resepects, corresponds to the Rose Carnival held la Portland. Includes athletics of every va riety. Track games have been arranged and it was hoped that Forrest Smithson could be sent to enter the high hurdles, and while there Is a remote possibility that this will be done it is thought that owing to the late season weather condi tions will not allow adequate training fa cilities. As Smithson is now after a world's record in the high hurdles, it Is thought unwise to send him tinder any other than the best conditions. Frank will have some hard competition in the south, where he will be pitted against the best athletes of California. His record Is so well known as a wrestler that comment Is almost unnecessary other than to state that since 1901. when he started wrestling, he has met with but one defeat at his weight. He will not attempt to go out of his class In Cali fornia as there are several of the best 125-pound men of the country there and a string of victories will add much to his rating as a wrestler preparatory to the Olympic championships. Today Is positively the last day for dis count oh East Side gas bills. Read 'Gas Tips." , We are Closing out the entire stock. The end is in sight. We bought Stock, Fixtures and Lease of Crawford Shoe Store To Secure a Portland Location ' Attend this great sacrifice, whether you need shoes or not; at such savings it will pay you to supply yourself for future needs. ivvery pair oi snoes in me store must ue uis posed of without delay, WE MEAN BUSINESS $3.50 Grades $4.00 $1.95 $2.45 $3.85 HIGH-GRADE WEARING APPAREL AT POPULAR PRICES QJ CORNER FIFTH AND ALDER STREETS SPECIAL FRIDAY BARGAIN DAY AND SATURDAY SPECIAL $35 Fall Suits for Actual $35 Values at $2 1 .95 See Display in Our Show Windows Cocoa Fa c t No. 7 Ecuador (South America) furnishes nearly one - fifth of the world's 'production of cccoa beans, now esti mated at 300,000,000 pounds. A world-wide de mand exists for Ecuador cocoa beans, for which that country enjoys a high rep utation. We import the best direct. NOW OR NEVER YOUR LAST' CHANCE TO BUY Crawfor AT CUT Grades $5.00 Grades r -1 1 AUTUMN TAILORED MODELS READY TOTOT ON In this, our initial Bale of Falls Suits, we shall continue to prove that we can and do undersell any suit house in this city, and when you see the style, work and fabrics in these suits you will be thor oughly convinced of our extraordinary suit bargains. ( An extremely pretty 45-inch tailored Coat Suit with y8 fitted back and straight button front, skirts with new yoke top, plaited in clusters. In the sea son's smartest fabrics of herringbones, English tweeds, diagonals, mannish worsteds, serges and chiffon broadcloths, in all the new Fall shades. Don't miss this extraordinary opportu nity to buy a new Fall suit of the very latest style ' and newest materials, You cannot make a good cup of cocoa out of poor cocoa; a poor cook couldn't spoil COCOA in the making. Fragrant, delicious, nourishing. Less than one cent a cup. Don't ask merely for cocoa ask for GhirardellPs. PRICES THIS IS THE BEST TIME THE YEAR FOR A NEW PLATE OR BRIDGE, As there Is little or no danger of sore guma or other troubles -while the warm weather lasts. Our plates give the mouth a natural expression, and will prove a lasting comfort. m iTnimVlirHMmim I DR. W. A. WISE President and Manager. 22 Years Eatabliahed In Portland. We will give you a good 22k gold or porcelain crown for $3.e Molar Crowns 22k bridge teeth J-J Gold or enamel fillings i.o Silver fillings Inlay fllj.ngs of all kinds 2.S0 Good rubber plates jj.ort The best red rubber plates t-mj Painless extraction 50 Painless extraction free when plates or bridge work is ordered. Work guaranteed for 15 years. THE WISE DENTAL CO. (Inc.) The Falllna; Bldg., 3d and Wan. Sta. Office-lloura 8 A. M. o 8 P. M. Sundays, 9 to 1. Phones A and Malu 5029. HAND SAPOLIO Is especially valuable during the Sum mer season, when outdoor occupations and sports are most In order. GRASS 9TAIXS. MUD STAINS AXD CALLOUS SPOTS yield to It, and It Is particularly agree able when used In the bath after vlo lent exercise. ALL GROCERS AND DRUGGISTS. I - ' t - . V rs Tfm. f mm'f W "-:--;-f:v - - V3