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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 16, 1909)
14" THE MORNING OREGONIAN, THUESDAT, DECE3IBER 16, 1909. BANKERS FAIL TO KILL1ND1GTMENTS Wreckers of Oregon Trust Are Told They Must Plead This Afternoon. TIME HAS NOT EXPIRED 'Judge Bronaugh Kales Statute of limitations Has Hot Run and Directors Are Responsible tor Misdeeds. "W. H- and II. A. Moore, W. Cooper Mor- '. rl. Elmer B. Lytle arid Leo Friede, the Alleged wreckers of the Oregon Trust & Bavinea Bank, "will enter their pleas to 33 Indictments before Presiding Judge BronauKh of the Circuit Court at 2 o'clock l this afternoon. He declared these indict ments valid yesterday morning, over- , rultnn every demurrer Interposed by the defendants. I The Judge remarked that the lndict t ments fall naturally into two classes, six ! of them charging the five ofticers and i directors Tilth receiving deposits on Au i Bust 17. 1907. knowing tBV- bank to be Insolvent, four charging embezzlement on the part of W. -H. Moore and Morris, one embezzlement by Morris, and one mali cious destruction of Golden Eagle Dry Goods Company notes aggregating H01.638. To one of the embezzlement Indictments Gus A. Lowlt'. late of GoLden Eagle fame, who was extradited from Denver, Is made JVparty defendant. He recently entered a plea of not guilty after being arraigned. ; later and enter a demurrer. But thus : far he has allowed his casa to stand ' or fall upon the demurrers Interposed by ' his alleged partners In crime. No Ambiguity Is Found. Regarding the last six indictments Judge (Bronaugh held that there is no question : but that they are sufficient in charging embezzlement in the aggregate amount. Attorneys for the defendants had con tended that the grand Jury must tabulate" - each specific amount embezzled, giving the time and place. "The grand Jury might be convinced that a crime had been committed," said the Judge, "without being In possession of information as to the particular securi ties) involved." i After naming the amount, in each' in dictment alleged to be unlawfully ap propriated by the directors, the grand Jury says "a mora particular descrip tion of which is to the grand Jury un known." Judge Bronaugh would not ex press an opinion as to what effect proof of more knowledge on the grand Jury's part would have. It was the contention of the defendants attorneys that the language of the indict- jnenxa is not sumcientiy concise to en able a person of ordinary understanding to comprehend the charge. Judge Bronaugh decided that the language Is not ambiguous. Time Limit lias Not Expired. He then took up the demurrers to the eix Indictments charging that the officers and directors of the bank received de posits when they knew it to be insolvent. In disposing of the contention that the crime was outlawed when the indictments were returned, the court quoted two Beet Ions of the Oregon law, one providing that in the case of all felonies except murder and manslaughter action against he guilty parties must be commenced within three years of the time the crimes are committed. He also read the section providing that in the cafe of misdemeanors action must De .commenced witmn two years. A third section of the code says that Jn all cases where punishment for an offense is both a tine and imprisonment, the case shall bo treated as a misde meanor. It was the contention of counsel for the indicted bankers that this action applied to their cases, which would make the robbing of a bank by embezzlement a misdemeanor only, bringing it within the two-year time limit. Judge Bronaugh -decided that a case in which a fine and Imprisonment are imposed is to be treated as a misdemeanor after thelmposing of ventence, not before. Holds Directors Responsible. To the contention that a director is not an officer of a bank, the court said that 'in the general understanding of the term a director Is an officer, legal text writers supporting this. Directors very often do not receive money over the counter, he nald. and neither do bank owners, but .owners are, nevertheless, specifically liable. The court held that' the gist of this act is not in the actual handling of the deposits after the bank becomes insolvent, but in the question whether the officer or director possessed guilty knowledge of the bank's condition. A question regarding the 1907 banking act was also gone into by Judge iBronaiagb, the same point having been raised on demurrer to the J. Thorburn 3toss Indictment- Section- 34 of this act j dofines the duties of bankers, while sec f tlon IS provides the penalties!. The act Allowed bankers 18 months In which to j adjust themselves to the provisions of I the new statute. It went into effect May 36. 1907. Judge Bronaugh followed the ruling on the Ross demurrer, saying that while the ! ants denounced in section 84, passed .in ' were not crimes under the Oregon law until May, 1907. they have always been considered grossly immoral. New ', thanks, formed after May, 1907, hs said. would be subject to the penalties for ' disobedience of the law; while he did not believe it was the Intention of the Sttate Legislature to make the 18 months' exemption apply to the criminal portion of the act. APPEAIi TAKES CARELESSLY JTMea. of Guilty Appears Without Charge of Offense. ' Circuit Judge Cleland would have tried three cases yesterday except that the appealed case of Mrs. William Dingle, In which she was fined J2S by Justice of the Peace Bell for assault and battery, was not taken properly into the Circuit Court. When time for trial arrived yes terday Deputy District Attorney Hen nessy appeared on behalf of the state, said informed the court that he dpsired to enter a motion in the case. A motion to ligmi?3 is expected. Examination of the appeal disclosed that It was made up without a complaint. - Another case in which carelessness may mean reversible error was that of Joseph W. Gardner, sentenced by Municipal Judge Bennett to 90 days in Jail for drunkenness. He sued out a writ of review in the Circuit Court, the hearing coming before Judge Cleland yesterday. 3t appeared from the showing made that tlardner was drunk on November 8, and that he pleaded guilty and was sentenced on November 10, his wife having secured Jils arrest. But to what he pleaded guilty does not appear, for no complaint made before the rlea was entered is in evidence. ? On Noveiar SO, tea days after sen tence was Imposed, two complaints were f filed charging him with drunkenness and ' trespass. These set forth the same offense for which be had been sentenced previous ly. Judge Cleland has this case under advisement, and will decide It In a few days. ATTORNEY'S BOOKS ATTACHED Milton W. Smith Loses In fight "With Library Association?. The office furniture and books of At torney Milton W. Smith have been at tached by Sheriff Stevens to satisfy a Judgment obtained by the Library Asso ciation of Portland. The levy upon Smith's effects came as the result of a fight between him and the Library Asso ciation over the estate of Ella M. Smith, who died in 1889. Mrs. Smith was not a relative of the attorney, but he acted as legal adviser for the executors, who afterward died. The court then appointed him adminis trator of the estate. The deceased left the most of her prop erty to the Library Association. Among outstanding debts was a bill for a me morial tablet, for which the adminis trator had contracted with Helen F. Mears, of New York. The attorney's fees were also unpaid, and Smith claimed $2000 for unusual work performed as ad ministrator. The Library Association ob jected to the tablet bill, tout offered to take it over for J2000. "When the case came before Judge Web ster, December, 6, he allowed Smith $2349 for his services, but refused to allow anything for the memorial tablet, saying its purchase was unauthorized. The court's order also provided that Smith pay the library J4S9E, and turn over the ten shares of hotel stock and JS0 received in dividends since last April. GRAXD JCUORS CANNOT READ Judge Bronangh Cuts Off World's , News and Scores Press. Presiding Judge Bronaugh, of the Cir cuit Court, instructed the December grand Jury yesterday morning to make only one copy of its final report, and to" submit that to him. He also instructed the Jurymen, after he had had a short conference with District Attorney Cairr eron. not to read the newspapers. So for 15 days the talesmen will be cut off from the world's news. Judge Bronaugh's order that the Jury make only one copy of its report is thought to have been made on account of an unsuccessful effort on his part to withhold from the press the report of the November grand Jury until after he had made a personal inspection of the Juve nile Court Detention Home. Criticism of this Institution was made by both the October and November grand Juries, the November Jury even comment ing unfavorably upon the personal ap pearance of the superintendent and ma tron. Judge Bronaugh afterward ' Inti mated that the grand Jury's report was "inspired." BONDSMAN WANTS MONEY BACK Charles II. Chick Flies Petition. In Whitney Manslaughter Case. To secure the return of G. B. Whit-' nay's 750 cash bail, Charles H. Chick, his bondsman, filed a petition in the Circuit Court yesterday. Whitney was convicted of manslaughter for the alleged poisoning of his sweet heart, Mabel Wlrtz, with bi-chlorlde of mercury. The case went to the Supreme Court, where the verdict of the lower court was reversed and the case re manded for a new trial. The case had been tried in Judge Cleland's department, Whitney getting a sentence of five years in the Penitentiary and $100 fine. Chick says that since he deposited Whitney's ball, $760, on August 28 last, three terms of court have passed and each succeeding grand Jury has failed to Indict Whitney. He does not ask, he says, that the defendant be discharged, but he wants his money. BRAKEMANS OWN ACT BLAMED Railroad Says Jumping Off Wrong Side Was Negligence. If a brakeman in his haste to alight from a runaway logging train. Jumps off on the wrong side, he is guilty of con tributory negligence and can recover no damages, according to the contention of the Bradley Logging Company. The cor poration, which is being 'sued in the Circuit Court by August Johansson for $25,000 damages, filed its answer yester day. Johansson was a brakeman on the cor poration's road from Cathlamet to the Columbia River. When the train ran away, August 8 last, he Jumped against a steep bank, whereas if he had Jumped on the other side he would have landed on level ground. . " ' DEMTRRER FILED BY MERRILL Declares Indictment Does Not State Sufficient Facts. Fred T. Merrill, proprietor of the Twelve-Mile House, has entered in the Circuit Court a demurrer to the indict ment against him. charging perjury. He alleges that the indictment does not state faots sufficient to constitute a cause for prosecution. " The affidavit set out in the indictment is not one which he is required by law to make, he says, and hence it is not material whether its statements are cor rect or not. The perjury charge arises out of Mer rill's application for a renewal of his liquor license, which was recently refused by the County Court- John F. Logan is his attorney. RAILWAY MUST PAY $3500 Injured Dairyman Wins Verdict Against Streetcar Company. Thomas Langford, whose milk wagon was struck by a Williams-avenue street car, knocking him to the ground, recov ered $3500 damages by the verdict of a Jury in Judge Morrow's department of the Cir-cuit Court. - V The verdict was returned sealed Tues day night and read yesterday morning. Langford sued the Portland Railway, Light & Power Company for $15,000. $500 Commission Judgment Given. Circuit Judge Cleland decided In favor of A. K. W. Schneider yesterday morning in his suit against August Franke. The plaintiff alleged he negotiated the sale of the Tremont Water Works for $20,000, and that $700 commission was due him. He afterward reduced this claim to $600. Franke said Schneider agreed to eelother property before the commission would be forthcoming, but did not substantiate the allegation at the trial yesterday, so Judg ment for $500 w-as entered for Schneider. Loolclnsj; One's Best. It's a woman's delight to look her best but pimples, skin eruptions, sores and boils rob life of Joy. Listen! Buck len's Arnica Salve cures them; makes the skin soft and velvety. It glorifies the face.- Cures Pimples, Sore Eyes', Cold Sores, Cracked Lips, Chapped Hands. Try It. Infallible for Piles. 25c at all druggists. ( TO CUBE A COLD IN ONE DAT. Take LAXATIVE BROMO Quinine Tablet. Drurrlstf refund money if It falls to curt. NEW! REGULATIONS , MORE STRINGENT Oregon National Guard Is Put ' Under Revised Rules Which Add to Efficiency. LITTLE MEN RULED OUT Change in Militia Regulatons, Ef fected by General Staff, Aimed- to Remove Last Weakness In Military Service. Complete new regulations for the Ore gon Katlonal Guard, in which the model used, is- the regular Army and many im portant changes are made, were an nounced yesterday at Guard headquar ters. The new regulations, constructed by a special board of officers in co-operation with the general staff, are Intended to do away with the last of the weak nesses in military system that have long characterized the militia service. One of the first and most important changes is that which does away with un desirable recruits. "Runts" can no longer be received as Guardsmen, nor can men of unusual avoirdupois. For it is pre scribed that no person shall be enlisted whose height is less than 6 feet 4 inches or whose weight is less than 125 pounds. Anyone weighing more than 190 pounds cannot get in. Another important provision relates to military funds. Hereafter any and all of ficers handling military funds will be re quired to keep a cash book, so the new regulations provide. Every cash trans action must te entered therein, and, at the end of each quarter the account must balance. Keep Ammunition on Hand. Ninety rounds of reserve ammunition for each member of the Guard must be kept constantly on hand for . emergency use. This ammunition must be held ready at the awnory where the rifles of the va rious organizations are kept.. It must be inspected by competent officers, with a view to ascertaining if the ammunition is of serviceable quality. It is pointed out that the Guard troops must be prepared at any time to respond to the summons of either the local civil authorities or the Federal authorities, whether the service be that of suppressing riots, repelling In vaders or engaging in an offensive move ment at home or abroad against a com mon enemy. By no hook or crook can anyone hope to secure a commission in the service hereafter except on merit. The rules ap plying to the examination of commis sioned officers is rigid. In the first place, a majority of the examining board must be present. The appointee and all ap pointees must come from the Guard shall be examined in the United States drill regulations, the Oregon military code, -the Guard regulations, the manual of guard duty, the Articles of War of the United States and such other subjects as may be especially prescribed by the Commander-in-Chief. In each subject the average must be not less than 75 per cent, and the board must give Its certification that the appointee is fit physically, mentally, morally and professionally. Those are the requirements for all grades, including that of Second Lieutenant. Same Uniform as Regulars. As to the uniform, it must be exactly similar to that of the regular Army at all times. This applies to dress, full dress, olive drab, khaki and fatigue uniforms. Enlisted men are prohibited from appear ing In uniform, or in any paxf thereof, except when on doty. It is set out that any civilian appearing in any part of the uniform, shall be relieved of same and placed under arrest. Now that the regulations are in effect, it is said a certain official of the District At torney's office is' to be dealt with, as he has long been wearing an olive drab reg ulation overcoat, and has refused to put it aside. A new bronze insignia, circular in form and bearing the abbreviation "Ore.," is provided, for the collars of all enlisted men. As to the men accepted as recruits, their character, as well as their physical and mental qualifications, must be gone into hereafter. ' All recruiting officers are charged with the duty of accepting men of good standing in the community. Tem perance is taken as a requirement of good character. All physical examina tions must be made by regular physicians. Discharges from fhe service, except at the expiration of enlistment, will in the future be extremely hard to secure. XiS' ability discharges may be made only on certification by proper medical authority. Removal from the state or enlistment in the regular Army will be the only other acceptable excuses for an honorable dis charge. The method of organizing new compa nies is considerably simplified by a provi sion that when a new station has been de cided upon an officer may be immediately appointed there and detailed to take re cruits. Four new companies are to be organized for the infantry service within the next year, in accordange with, a War Department compact, and this new metn od will be givAen its first try-out. Must Salute Out of Uniform. Saluting out. of uniform is one of the minor and yet most radical changes pro vided. Hereafter enlisted men must sa lute officers when meeting them on the street or at the armory, even though both be in civilian dress. The same applies to officers, it being required that Junior officers must salute their seniors. Offi cers entering an armory or military camp must be saluted, even though not in uni form. That serves to do away with the ancient feeling that "it's only the shoul der straps I was saluting, anyway, and not fhe man." Under the. .heid of etiquette, a special and imprtsslve. ceremony" is provided for the President, and the same honors given the President must be accorded' a sover eign or chief magistrate of a foreign coun try or the member of a royal family. The ceremony consists of drawing up the troops and receiving the distinguished visitor with a. dipping of the colors, offi cers and troops saluting, and band,, trum Bets and field music sounding "The Presi dent's March." Officers and enlisted men are made re sponsible and accountable for all prop erty given into their hands, and must turn such property over on demand. To Increase tne responsibility of accountable officers, they are required to furnish bonds ranging from $1000 'to $5000. Use of 'regulation ammunition in hunt ing or for private purposes is done away -with, by & provision that such ammuni tion may hereafter be used only in ac tion, for target practice or for the firing, r authorized salutes. PERSONALMENTION. William H. Garland. Seattle man or Influence, was registered at the Portland yesterday. F. W. Lamping, prominent merchant of the Pendleton country, arrived at the Oregon last night. E. P. MeCormick. the well-known banker, of Salem, is in the city and stop ping at the Cornelius. Dr. E. G. Pickerel!, Medford's old-time practitioner, came to the city yesterday and was at tHe Portland. J. B. Cartwright, proprietor of the Sea side House, came up to attend the open ing of the New Imperial yesterday. W. BL Eccles, prominent lumber dealer of Dee. came down to the city yesterday and will be at the Oregsn for a few days. Mrs. E. Lamer and Miss Katherlne Duttdn, leaders of the social set at Spo kane, are guests of friends at the Hotel Portland. Mrs. J. T. Blidsres. wife of the nmml. ifent merchant at Cordova, was the first woman to register at the New Imperial yesterday. James M. Kyle, real estate nromofw at Etanfield. placed his name on the New- Imperial register yesterday as the first patron of the hotel. G. J. Gissling. the first man to dodge apples in favor of the milling industry in tne Hood River district, was at the Portland last night. George Richards, the well-known trav eling auditor for the Northern Pacific, with headquarters at Seattle, Is to bo found A the Perkins this week. C. A. Taylor, one of the pioneer mer chants of the Kelso district. Is mixing among the Jobbers of the wholesale dis trict, and Is living at the Perkins. Postoffice Inspector Butler, who has been recuperating at Hot Lake Springs, passed through Portland yesterday, en route to his headquarters at Seattle. Thomas C. Kurtz, Chehalis railroad contractor, was at the Seward yesterday, accompanied by his daughter. Miss Kurt to California on the Limited last night. Postoffice Inspectors Riches and Cle ment, of the Portland division, returned yesterday from Seattle, where they have assisted in the annual inspection of that office. Wilder Thompson, of San Francisco, arrived at the Seward yesterday, accom panied by Mrs. Thompson. He will spend the Winter looking after his inter ests In Oregon. T. C. Elliott, among the leaders of Walla Walla's business men, was a apeo tator yesterday around the business cen ter of Portland. He is making headquar ters at the Oregon. Benjamin Young, the first salmon can ner to retire from that occupation In the Astoria district, and who has since got ten into the habit of spending his Win ters in. Southern California, was at the Portland yesterday. Senator Ike H. Bingham, of Eugene, conducted a Christmas shopping tour among the department stores yesterday. He was the first man to pay a dollar over the counter at the New Imperial, and was accorded a $5r'oom for the day. Peter Murray. aVprominenl merchant of Adams, is called to the city as a witness in a Federal trial soon to be called in the United States Court. He is accompanied by Jerry St Dennis, Adams stockgrower, and both are at the Per kins, Oscar Vanderbilt. apple man from Hood River, and the man whose chief ambi tion is to let the isolated corners of the earth learn how to spell a-p-p-l-e-s. is at the Cornelius and will negotiate a cargo wi nnsimaa presents before he returns to the new country. Postal Inspectors Welter and Flavin, attached to the Seattle division of the Postal Service, were at the Federat building yesterday, but left on the Shas ta Limited for California. It is under stood that the Government agents "are on their vacation, but they are scheduled to assist at the annual inspection of the San Francisco office. Ginger, the famous office cat which has received the loving handliiur of rrandrarta of the old-time politicians of the state and who has been considered as effec tive as a hunchback, refused to create a new home at the New Imperial yester day. Ginger was back at the old Washington-street quarters In five minutes after his removal. H. C. Jones, field Inspector for the Department of the Interior returned Yes terday from Spokane, where he has been in attendance at the hearing of the fa mous "uunningnam coal land fraud cases, or Alaska, and over which con troversy L. R. Glavis was dischare-ert Mr. J ones will remain. In . Portland for several weeks, but will gosto Cleveland, Ohio, when the hearing Is resumed there in January. CHICAGO. Dec IS. fSneciaJ.I Port land people registered at Chicago hotels as iouows. Mr. and Mrs. A. Welch L. Quimby, Miss Etta A. Morris, Fred S. Morris, JMr. and Mrs. Wilson W. Clark", R. M. JJopiy, jr., -at the Congress. URGES SUB-RIVER TUBE K. HENRY AVERS IT CAN BE BUILT FOR $1,250,000. Says Engineer Modjeska Amended $7,800,000 Estimate to the Lower Figure. PORTLAND, Dec. 15. (To the Editor. The . telephone conversation between Mayor Simon and myself was reported in your issue or "tnis morning. In which Mayor Simon is quoted as saying: "I fail to see any use in wasting our own ana my time," sal a Mayor Simon. "you know my attitude; I am going to build the bridge, as has been stated before. If you want vo caii, ana discuss It. However, ball be glad to see you. but I am like the Judge who said he would take the case under advisement and decide for the plaln- this is indicative of the manner in which this whole Broadway-bridge ques tion has been handled. There has been no disposition frankly to consider and dis cuss what was "best for the interests of the city as a whole. As I stated the other day, it has been handled, managed and bludgeoned through regardless of the best interests of the city. In your editorial reply to a letter of C. V. Cooperyou state: Let The Oregonian be excused here for a remark. Portland Is not to have 500,000 Inhabitants by 1912. That is ridiculous. The city Is growing fast, but It must work and wait Just a little. The "ocean ship harbor" is a matter of very -first Importance, too: but It will not be seriously lnterferod with by the erection of the high bridge at uroaawaj. -And you also say: There will be great things doing here in ruture years, but children must creep before they can walk; and the Idea of set tling now, once for all. the problem of movement over and under the liver will disappoint all who entertain it. That Is exactly the trouble with Port land. Its leading men In years gone by have failed to realize what a great city Is to be built here. They have lacked con fidence in the city and the surrounding country. It is high time now for The Ore gonian and the leading men of the city to get together in some way and work out a full and comprehensive plan for a large city here on the banks of the Wil lamette, such as the great country in Eastern and Southeastern Oregon, as well as the Willamette "Valley, warrants and Justifies, and should have in its leading city. It has always been, "Anything is good enough for us, and wait a little while." And you now say, "We "must creep." With the result that Portland, through the apathy, indifference and care lessness of its pejneipal leading men, has been creeping, creeping, creeping, and the Flatulent Eructations and Offensive Breath Render Many People Obnoxious to Others, and Cause Them to Be Shunned. The eructation or belching- of gas from the stomach la a very common circumstance, and may depend in some cases upon the nature of the food in gested, without the existence of any deviation from health. In cases of ex treme flatulence, the eructation of large quantities of gas may take place, forming a source of considerable In convenience, and frequent annoyance, although affording- some relief to the feeling of distention that exists In the stomach. Sometimes the gas discharged Is of a fetid character may be so foul. In deed, as to render the unfortunate person's presence almost unbearable to others. Owing to Imperfect secreting action, or to a defective state of the gastric Juice, putrefactive changes take place among the contents of the stom ach, and as the result sulphuretted hydrogen and other such foul gaseous) products of decomposition, are evolved. Hence the eructations or belchlngs pre sent the offensive odor of decayed ani mal and vegetable matter, and the vic tim of this deplorable condition usually has a continuous bad breath, which is so disagreeable as to cause them to be shunned by their friends. The medical profession invariably prescribes and recommends the use of charcoal for the correction and cure of this condition, which has often been the means of causintr people to avoid social intercourse, and the pleasures of the theater and other public places of amusement. This deprivation is, however, wholly unnecessary, as char coal is a wonderful absorbent of gases, and possesses the power of absorbing one hundred times its own volume; and when Stuart's Charcoal Lozenges, which are made from the best willow charcoal, are taken into the stomach, every particle of the foul gases exist ing there is removed by absorption, decomposition and fermentation of food Is prevented, and the stomach and en tire intestinal system is made pure and antiseptic, all disease germs and mi crobes being destroyed and removed. As "a natural consequence the breath, which before was so offensive, is now purified, and the person who - formerly .felt constrained to remain out of com pany and away from public meetings, has no longer to contend with such a drawback but mingles freely In the society of his friends, feeling assured that Stuart's Charcoal. Lozenges, when used freely after meals, will absorb and prevent the generation of foul stomach gases, and purify, the infected breath, making it sweet and pure. Secure a package- of these wonderful lozenges from your druggist at once for 25 cents and note how quickly they purify the breath and prevent the belching of. foul gases. Send us your name and address for a free trial pack-, age. Address F. A. Stuart Co., 200 Stuart Bldg. Marshall, Mich. other cities on the Coast have been forg ing ahead. The plea in your editorial of this morn ing is the same plea that was made when we urged the adoption of the concrete sidewalk ordinance. The statement was then made that the old plank sidewalks, rotting and squirting the slush up one's pant legs, were good enough, and that it would ruin the poor people to put down concrete sidewalks. The same plea was made for the old macadamized streets as against the hard surface pavements, claiming that It would break up the poor people andjvidows who owned property along the streets .to be Improved. Compare the way we are creeping along, in the matter of street improvements, with Seattle, Tacoma or Los Angeles, where they are widening and opening streets and putting down hard-surface pavements, thereby commanding the at tention and respect of people from all parts of the world who visited their re cent exposition, and still- we are urged to "creep and wait." You say we won't grow to 500,000. Why not have a high idea and a goal tS work to? We certainly should make every ef fort. In all of your articles you admit that "the tube is the proper thing; that it should be used, and that it will ulti mately have to come." That being true. why not do it now? In a short editorial in the same issue you say: Some now assert that a tunnel can be con structed at or near Broadway at no more cost, or little mora, than the cost of a bridge. Demonstration of such a fact would Interest manv whose usual motto is, "Show Show you? You won't be shown. The old adage is, "None so blind as those who won't see." I stated over my own signature, and state now, in like manner, that Mr. Mod Jeski stated before the City Council Mayor Lane being In the chair, William Woodward, of Woodard & Clarke, oe lng present, as were numbers of others, that a double tube, suitable for streetcar service, could be built and put under the river in the central portion of the city for $1,250,000. This is what we should do. and the best interests of the taxpayers, and the city requires us to Investigate and see if it can be done, and, if so, we should put that tube, under tho river, in the center of the city, and let tne street car eomdanv take care of the people, in stead of putting the so-called high bridge at Broadway, when tne streetcar com pany will not carry the people over such bridge on account of its long, roundabout. unsatisfactory route. Tou also say: Does the Port of Portland Commission propose to hold ,ns the Broadway bridge until a thousand cars are delayed every day. Instead of half that number, as af present ? Will the Broadway bridge relieve that situation? I challenge you, Judge Munly or any of Its advocates, to show tne tax payers . how you will relieve tnat situa tlon. Has there been any provisions with the streetcar company for franchises leading up to and across the bridge? Is It not a fact that the street railway com pany will not use the Broadway ., bridge. as it will be too much of a roundabout w-ay, going from Broadway across the river north and west of the Union Depot, and swinging along up Seventh-, street? Has not President Josselyn stated posi tively that his company would not use the bridge? Let's- be frank and honest about this matter. Show the people how you are going to lessen the crowded traf fic over the rjver by a bridge at Broad way. , It is claimed that because the people "have voted for the bridge, it must be built. The answer is that the people also voted for public docks and city parks, and they are not being provided. The people also voted on the water vrfn question, but the Mayor and City Council say that the people voted through a mis take, and they have called a special elec tion In February, so that the people may undo the mistake on' the water main question. Why not let the people undo the mistake in this case if they can in the other? The members of the Port of Portland Commission are all heavy taxpayers In the City of Portland; they are all suc cessful business men; they have all re sided here for & long- time, and axe fa miliar with the needs ind requirements of Portland. I think their Judgment ought to be as good as Judge Munly's, who is not a taxpayer In the City of Portland, and miny of those who are ad vocating the useless expenditure of so much money for a bridge that is to cost more than the three other bridges, and three free ferries combined. With the completion of the Madison street bridge, which will relieve the con gestion of traffic now so heavy on the HOTEL OREGON CORNER SEVENTH AND STARK STREETS Portland's New and Modem Hotel. Rates $1 per Day and Dp EUROPEAN PLAN WRIGHT - DICKINSON HOTEL CO, Props. F". J. Richardson, Centrally Located Modern Imperial Hotel Headquarters "There's a Reason Seventh and Washington PhiL Metschan & Sons Props. Lone Distance Phone Rates $1.00, fa Rvrry Roonf. THE PORTLAND PORTLAND, OR. ECROPEAV FLAX MODEEK COST OXB BEXLUOfir DOLLAB4. Nortonia Hotel ELEVENTH, OFF WASHINGTON ST. BEAUTIFUL GRILL ROOM European Plan Bate to FsmUlsi Oar Bos Meets All TrsUma Sample Sottas with Baths for CammercnU Travel. MODERN COMFORTS MODERATE C. W. CORNELIUS, Proprietor. I SEWAR Corner loth and Alder The leading hotel of Portland, opened July 1909. Modern In every detail, furnished 1 elegance. Most beautiful corner lobby. In Northwest. Commodious sample rooms. European plan. Kates $1.50 and up. 'Bus meets all trains. W. M. SEWARD, Prop. OPENED SEPT.. 1909 HOTEL LENOX CORNER THIRD AND MAIN STS. PORTLAND, OREGON "llf If afe European Plan Hot and Cold 'Water. niTCC Long Distance Phone . in Every Room $1.00 and up r 7 MM 5 - Us- m Morrteon-Btr'eet bridge, and the comple tion of the new railroad bridge, -which is ample to give three times the present accommodations, there will be no imme diate .need for another bridge, and it does seem to the writer that it would be. wise and advisable for our commercial bodies to take up this question of providing for the traffic, and provide for a subway and tube under the riverS -' We have 800 mills' of dedicated streets In the City of Portland, entailing a vast expenditure to keep them and clean them up. Our blocks are very small, and our downtown streets will be congested, and it is only a question of time before we will have to put in a subway, as is done in Boston and Philadelphia, under the streets and under the river, thereby re moving the greater .portion of the con gested traffic, and provide " for a city such ae Portland is destined to be, by rea son of the natural resources of the great country surrounding it. It is time for us to provide a compre hensive' plan of -the City of Portland as it should be in the near future, and there by earn and enlist the aid of the bright young men of ftils city, as a great city is to be built here, in spite of the neglect and xnoss-backism of the older citizens. CHARLES K. HENRT. Portland Gets Rescue Society. . SALEM, Or., Dec 15. (Special.) The Pacific Coast Rescue and Protective So ciety has been organized in Portland and Incorporators Father Voget, T. O. Sands and W. G-. McLaren. Other articles of incorporation were filed, as follows: Astoria Steam Laundry Company; princi pal ofnc, Astoria: capital stock, S7.50O; in corporators. W. E. Buffum. William L. rjseda, ChsrlM C Schnvanil &nd Qua Eridc- NEW PERKINS Fifth and "Washington Sts. Opened June. 1908. A hotel In the very heart of Portland's business ac tivity. Only hotel equipped with wireless telegraph. Every convenience for comfort of commercial men Modern in every respect. Rates 1. 00 and up. Cafe and grill; music during luuob, dinner and after theater. Pres. I. Q. S wetland. See. Improvements $1.50, $2.00 FOR TOURIST maA COMMERCIAL TRAVRl.KRH. Speeiml rate raamAm to f&m(Hei ud ain fle gentlemen. The man cement will be pleaed at all time to ahow room and Bive prices. A mod ern Turkish Bath. eetabUatunent tm the hotel. H. C BOWBES, Manager. 'Sikh isR v PRICES THE CORNELIUS "The Honse of "Welcome," corner Park and Alder. Portland's newest and most modern hotel. European plan. Single, $1.50 and up. Doable, $2.00 and up. Our omnibus meets all trains. H. E. FLETCHER, Manager. HOTEL RAMAPO Corner Fourteenth and Washington New Hotel, Elegantly Furnished Rates, $1.00 and Up Special Rates for Permanent European Plan. 'Bus Meets An Trains. M. E. FOLEY, FBOFBIETOa S3 oflf!ffr. 1- PRIVATE BATHS HOTEL COLUMBIA Vancouver. Wash. Under New Management, . MODERN COMPORTS MODERATE PRICES -Send Tour Friends Here, the Best la None to Good for Them. . EUROPEAN PLAN. First-Class Bar and Cafe in Connection. Free.'Bus Meets All Trains. MRS. SRETHA'A S. PHELPS. Proprietress. Phone Main 21. son. The Oregon-Idaho Lumber Company, Limited; principal office. Vale; incorpora tors, Augusta Mulkey, N. E. Taggart and B. W. Mulkey; capital stock. $25,000. Union Traction and Terminal Company of Coos Bay; principal office, Marshneld ; capital stock, tlOO.OOO; incorporators, J. M. Blake. C. W. Kaufman and K- O- Graves. INNOCENT MAN. PUNISHED Con f ess J on Clears Rich Alan Who Already Has Served Term, VANCOUVER, B. C, Dec 15. James Milne, ex-Buperintendent of the BrltisU Columbia Electric Company, who, 'though, a man of large private fortune, was con victed of embezzling money from the company and who recently completed a term of 18 months In jail, was Innocent, according to a confession by the man. whoso statement sent Milne to prison. Two years ago two foremen of the company, named Maynard and Sharman, were arrested charged with embezzling thousands of dollars by carrying dummy names on the payroll- They gave bail and fled. Sharman never returned, but, Maynard was rearrested here last night and made a confession exonerating Milne, whom he said he accused falsely to save himself. This case has caused a great sens a- , tlon here because of Milne's prominence. Out in Colorado an inventor got a patent on a flashlight put on smaller arms, even, porket pistol, wo that wherever the searchlight strikes there the bullet hit. maJcinff the taking- of aim unnecessary. Thl pistol metnod. 'was deviled by the Inventor for potloemen, to um on buxcUxs and other night felon. N.